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Agenda Packet City Council - 03/19/2013
Tuesday, March 19, 2013 Corpus Christi Meeting Agenda - Final City Council 11:30 AM 1201 Leopard Street Corpus Christi, TX 78401 ectexas.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 92:00 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 tree que su ingles es limitado, habM un interprete ingles- espanol en todas las juntas del Concitio 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 46 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 Reverend Gloria Lear, First United Methodist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. E. Proclamations 1 Commendations 13- 000255 Proclamation declaring March 23, 2013 as "14th Annual Celebration of Cesar Chavez Day" Proclamation declaring March 22 -24, 2013 as "Corpus Christi Festival of the Arts" Proclamation declaring March 22, 2013 as "World Water Day" Proclamation declaring March 2013 as "Professional Social Work Month" Proclamation declaring March 19 -23, 2013 as "Texas Section of the ASCE Centennial Conference" Proclamation declaring April 2013 as "Corpus Christi Safe Digging Month" Proclamation declaring March 19, 2013 as "Coastal Bend Coalition Against Modern Day Slavery" Presentation to Mayor Nelda Martinez from the Spirit Center of Corpus Christi Corpus Christi Page 1 Printed on 31912013 City Council Meeting Agenda - Final March 19, 2013 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 92:00 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 SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Govemment 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- 000257 Executive session pursuant to Texas Government Code Section 551.071 to consult with attorneys regarding contemplated litigation related to the City of Corpus Christi's wastewater treatment plants, with possible discussion and action in open session. 3 13- 000261 Executive Session pursuant to Texas Government Code Section 551.074 Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judge with possible discussion and action in open session. H. MINUTES: 4 13- 000252 Approval of Meeting Minutes - Regular Meeting of February 26, 2013. Attachments: Minutes - February 26 2013 BOARDS & COMMITTEE APPOINTMENTS: 5 13- 000256 Building Standards Board Island Strategic Action Committee Corpus Christi Page 2 Printed on 3149/2013 City Council Meeting Agenda - Final March 19, 2013 Landmark Commission Leadership Committee for Senior Services Transportation Advisory Committee Attachments. 03 -19 -13 final J. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance, or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting, such agendas are incorporated her_ ein for reconsideration and action on any reconsidered item. K. CONSENT AGENDA: (Items 6 - 251 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.Aem,. and/or it has been discussed at a previous meeting. 411 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 sequenca after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 6 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 Lithia, FL Hydrofluorosilicic Acid $140,182.00 Polydyne Inc. Riceboro, GA Liquid Cationic Polymer $382,320.00 Grand Total: $522,502.00 Corpus Christi Page 3 Printed on 3n912013 City Council Meeting Agenda - Final March 19, 2013 Attachments: Agenda memo - Water Treatment Chemicals. df Bid Tabulation - Water Treatement Chemicals 7 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 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 Bid Tabulation - Wrecker Service.pdf 8 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. Attachments: Agenda memo - for Resolution re Finance Policy Amendment 02.18.2013 Resolution - Financial Policy Amendment 02.18.2013 Redline Version Resolution - Financial Policy Amendment 02.18.2013 9 13- 000146 Construction contract for a waterline adjustment under the east 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 IH 37 at Carbon Plant Road and IH 37. Attachments: Agenda memo - Bore and Case Project Budget - Bore and Case Location Ma - Water Adwust IH 37 Carbon Plant Road. df 10 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 Corpus Christi Page 4 Printed on 311912013 City Council Meeting Agenda - Final March 19, 2013 $92,740.00 for a re- stated fee not to exceed $142,390.00 for the City Standard Specifications Review. Attachments: AQenda_memo - Standard Specs _Protect Budget - Standard Specs Contract - City Standard Specifications Review.pdf 11 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 -A yadus Location map - exhibit- agarius 26 whitecap blvd (1).pdf Agreement - SIGNED CICAAGREEMENT AGURIUS Design - street lighting imp 12 . 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 $21.6,470.00 for Staples Street Pumping Plant New 10 MGD Pumps. Attachments: . Agenda memo - Staples St Protect Budget - Staples Street Contract - Staples Street Pumpinq Plant Location Map - Staples Street Pumping Plant.odf Presentation - Staples Street 13 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 Deliveryllndefinite 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. Corpus Christi Page 5 Printed on 311912043 City Council Meeting Agenda - Final March 19, 2013 Attachments: Agenda memo - IDIQ Project Budget - City -Wide IDIQ Location Map - City -Wde IDIQ.pdf Contract LNV - City Wide IDIQ. pdf Contract CRG- City Wide IDIQ.pdf Contract Urban- City Wide IDIQ. df Presentation - City Wide IDIQ 14 13- 000151 Wastewater Line Construction and fZeimbursement 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 a_ nd,west of North Padre Island Drive (SH 358), including all related appurtenances. .attachments: Agenda memo - WW Reimbursement Agreement, 3 -19 -2013 Location Ilia - with exhibits WW Exhibits A -F Agreement - Wastewater Ext Collectn and Reimb A mt 15T Investmts Airport Indus w exhibits yFinal 15 13 -00074 Second 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 (1st Reading 2126113) 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 8.645 acre tract located approximately 3 miles southwest of Odem, Texas. Attachments, Agenda memo - ROW Easement Contract - Amendment of Reynolds Metal ComDarty Easement Tract 17).pdf Ordinance - San Pat Easement Ma - City Council Exhibit Vicinity Map,pd f 16 13 -00099 Second Reading Ordinance - Amending the Capital Improvement Budget; amending a professional services agreement to extend the Corpus Christi Page 6 Printed an 3119/2013 City Council Meeting Agenda - Final March 18, 2013 East General Aviation Apron (1st Reading 2126113) 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. attachments.. Agenda memo - Airport Amendment no. 14 Pro'ect Budget -Airport Amend 14 Contract - E GA Reconstruction Amend 14.pdf Ordinance - Airport Amend 14 Location Ma - E GA Reconstruction'Amend 14. df 17 13- 000107 Second 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 (1st Reading 2126113) 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. Attachments: Agenda memo - UDC TextAmendment 8 „1 90 & 8 1 11, Final 2.26 Ordinance - 8 1 10 & 8 1 11 vFinal conv Standard Form Deferment Agreement vFinal revd1 w exhibits 3 18 13 -000112 Second 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 (1st Reading 2126113) 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 aul2rop 02 26 2013 Ordinance - Public Safety Warehouse - 2012 - Police (3) Corpus Christi Page 7 Primed on 311912013 City Council Meeting Agenda - Final March 19, 2013 19 13- 000113 Second 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 (1st Reading 2126113) 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. ,attachments: Agenda memo - Proposed Amendment to IECC Ordinance - Energv Code Secl4 251 vp5 20. 13- 000122 Second Reading Ordinance -A change of zoning from the "ON" Office District to the "RS -6" Single- Family 6 District, at 10625 " Gettysburg Street (1st Reading 2126113)_.. 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 Zoninq Report - Jose and Frances Martinez Ma - Aerial Overview Ordinance - Jose and Frances Martinez 21 13- 000133 Second Reading Ordinance - Amending the Unified Development Code relating to street design standards (1st Reading 2126113) Ordinance amending Articles 1 and 8 of the Unified Development Code Corpus Christi Page 8 Printed on M912013 City Council Meeting Agenda - Final March 19, 2013 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 Ordinance - UDC Presentation - Street Design Standards 22 13- 000145 Second Reading Ordinance - Appropriating State cable franchise funds fcr�, capital equipment related to Public, Education and Government'Acc =ass Channels (1st Reading 2126113) 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 Ordinance - approp funds for PEG channels 23:., :113-000148 Second 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 (1st Reading 2126113) 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.. . Attachments: Agenda memo - Rebate of excess fund balance Ordinance - rebatnci excess contributions Internal Service Fund Rebates 24 13- 000150 Second Reading Ordinance - Approving reimbursement agreement and appropriation for a water distribution main line for a proposed warehouse development (1st Reading 2126113) Ordinance authorizing execution of a distribution main extension construction and reimbursement agreement ( "agreement ") with 15T Corpus Christi Page 9 printed on "912013 City Council Meeting Agenda - Final March 19, 2013 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 Ordinance - Water Reimbursemt Ord 15T [nvestmts vFinal 20130208 Location Map -with attachments Water Exhibits A -F Agreement - Water Reimbursement A mt 15T Investmts Airport Indus w exhibits vFinal . 25 1:3- 000152 Second Reading Ordinance on proposed assessments for V ky Street, Ivy Lane, and Clare Drive; amending the Capital Improvement Budget and awarding construction contract (1st Reading 2126113) Public Hearing on proposed assessments for Vaky Street from Swantner Drive to Reid Drive, Ivy Lane from Gollihar Road to I;orne Road, and Clare Drive from South Padre Island Drive to, McArdle Road (the "Project ") - Ordinance finding and determininR.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; levy ng 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 1 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) Attachments : Agenda memo - Pave Assess Vaky lyy Clare Proiect Budget - Assessments Ordinance - Pave Assess Vaky, Ivy, Clare A raisers Statement Preliminary Assessment Role - Clare Prelimina Assessment Role - Ivy Preliminary Assessment Role - Vaky Location Ma - Pave Assess Vaky Ivy Clare L. REGULAR AGENDA: (Item 26 -27) Corpus Christi Page 10 Printed on 311912013 City Council Meeting Agenda - Final March 19, 2013 The following items are motions, resolutions and ordinances that will be considered and voted on individually. . 26 13- 000178 Agreement for airport parking facilities management 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 -e Parking Agreement - Republic Parking 27 13- 000138 Second Reading Ordinance - Amending the Unified Development Code (UDC) regarding public notices, special permits and setbacks to improve tiheeffectiveness of the UDC (1st Reading 2/26113) 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. . Attachments: Agenda _ memo - UDC TxtAmdmts (Feb 2013) for Council Ordinance - UDC Proposed TextAmdmts various Feb 2013 vFinal cony M. FIRST READING ORDINANCES: (Items 28 - 36) 28 13- 000249 First Reading Ordinance - Establishing policies, methodologies, and rate to be charged for implementing the Street Maintenance Fee (Tabled on 2126113) Ordinance establishing rates, policies, and methodologies to implement the street maintenance fee created by separate ordinance. Attachments: A ends Memo - Ordinance establishina Street Fee Rate and Policies 3 -19 -13 ORD #2 SETTING RATE POLICY - STREET MAINTENANCE FEE 3 -13 -13 Trip Factor Index DRAFT Corpus Christi Page 11 Printed on 311912013 City-Council Meeting Agenda - Final March 19, 2013 29 13- 000216 First Reading Ordinance - Transfer and appropriation of funds to capital budget for arena I convention center loading dock repairs Ordinance transferring and appropriating $100,000 from the Unreserved Fund Balance in No. 1130 Arena Improvement Fund to and appropriating in the No. 3274 Arena Type A CIP Fund for the Arena /Convention Center Loading Dock Repairs; changing the FY 2013 Operating Budget adopted by Ordinance No. 029577 to increase expenditures by $100,000; and changing the FY 2013 Capital Improvement Budget adopted by Ordinance. No. 029565 to increase revenues and expenditures by $100,000 each. Attachments. Agenda - ABC Loading Dock Location Map - ABC Loading Dock and CMU Screen Wall.pdf Powerpoint - ABC Loading Dock Ordinance -ABC Loading Deck 30 13- 000251 First Reading Ordinance - Lease agreement for operation of news and gift concession at City airport Ordinance authorizing the City Manager, or designee, to execute a Long Term Lease Agreement ( "Lease ") with Host International, Inc. ( "HMS Host ") for the operation of a news and gift concession located at the Corpus Christi International Airport ( "Airport "), in consideration of the greater of an annual minimum guarantee of $110,000 or a sum equal to ten percent (10 %) of the HMS Host's gross receipts, for a term of five (5) years. Attachments: Agenda Memo - HMS Host Ordinance - HMS Host 3 -7 -13. HMS Host Lease HMS Host Presentation 31 13 -00080 First Reading Ordinance - Ratifying acceptance of the amendment to State grant for air duality planning activities; appropriating grant funds Ordinance ratifying the acceptance of Amendment No. 5 to the Grant Agreement with the Texas Commission on Environmental Quality and appropriating $371,520 in the No. 1071 Community Enrichment Grants Fund for air quality planning activities. Attachments. Agenda memo - TCEQ Air Grant Amendment. df Ordinance - TCEQ Amendment No 5 for air quality planning actiyities.pdf Contract Amendment - 5 Ray 1 from TCEQ Of 32 13-000234 First Reading Ordinance -Appropriating abandonedlunclaimed monies from Police Property room . Corpus Christi Page 12 Printed on 3119/2013 City Council Meeting Agenda - Final March 19, 2013 33 34 33 36 Ordinance appropriating $11,586.71 from abandoned /unclaimed monies from the Police Property Room, changing the FY 2012 -2013 Operating Budget adopted by Ordinance No.029577 by increasing revenue and expenditures in the General Fund No. 1020 by $11,586.71 each. Attachments: Agenda memo - Pronerty Prone Room funds 03.19.2013 Ordinance - unclaimed monies - Police - 2013 13- 000267 First Reading Ordinance additional baseball , fields complex - Amendment to lease agreement for at Greenwood 1 Horne Youth Sports Ordinance authorizing the City Manager or designee to execute an Amendment to the Lease Agreement with- International Westside Baseball League for additional baseball fields at Greenwood /Horne Youth Sports Complex. Attachments: Agenda Memo- Westside Pony Baseball Fields Ordinance - Intemational Westside Baseball League Attach B Westside Baseball Re quest Lease amendL -n--nt - Intl Westside Baseball Attach A - Westside Fields Information.Qdf 13- 000223 First Reading Ordinance - Appropriating a State grant for serving homebound seniors in the Senior Companion Program Ordinance appropriating a $5,381 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Senior Companion Program. Attachments: Agenda Memo - SCP State Grant Ordinance - 2013 SCP State grant Grant Award - NOFA 2013 SCP State grant 13- 000222 First Reading Ordinance - Amending . the Code of Ordinances for the Mayor's Fitness Council duties and membership Ordinance amending the Code of Ordinances regarding Mayor's Fitness Council duties and membership. Attachments: Agenda memo - MFC. df Ordinance - Mayor's Fitness Councilv4 13 -00063 First Reading Ordinance - Establishing the Downtown Catalyst Area in the City Ordinance defining "Catalyst Area" and establishing the Downtown Catalyst Area in the City of Corpus Christi, Texas. Corpus Christi Page 13 Printed on 3119/2013 City Council Meeting Agenda - Final March 19, 2013 Attachments; Agenda Memo Catalyst Area Revised- 2- 2013.0f ORDINANCE - Defininq and Establishing Catalvst Area 2 -4-13 Map - Downtown Catalyst Area Map - Downtown Catalyst Area Original Map - Downtown TIRZ N. PUBLIC HEARINGS: (Items 37 - 391 37 13 -000149 Public Hearing and First Reading Ordinance - Designating the Downtown Reinvestment Zane within the City Ordinance designating the Downtown. Reinvestment Zone within the City of Corpus Christi, Texas, under the Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code). Attachments: Agenda Memo Reinvestment Zone Revised , 2„- ?0.13,p f ORDINANCE - Establishing Reinvestment Zone 2-4 -13 Map - Downtown Reinvestment Cone 38 13 -0.00227 Public Hearing and First Reading Ordinance - Amending the lease of a portion of Mt. Vernon Park for the proposed expansion of the Deaf & Hard of Hearing Center located at the 5100 block of McArdle Road near La Palmera Mall 1 Ordinance finding that there is no feasible and prudent alternative to the expanded use from approximately 0.4 acres to 0.677 acres of Mt. Vernon Park located along 5100 block of McArdle Road by The Corpus Christi Area Council for the Deaf for the expansion and continued operation of The Corpus Christi Area Council for the Deaf, and determining that all reasonable planning has occurred to minimize harm to Mt. Vernon Park resulting from such use; and authorizing the City Manager or designee to execute a ten -year lease agreement with The Corpus Christi Area Council for the Deaf for expanded lease area of approximately _677 acres of Mt. Vernon Park, with one ten -year extension term. Attachments: Agenda memo - CCArea Council for the Deaf Ordinance- CC Area Council for the Deaf lease amend Agreement - Lease CC Area Council for the Deaf 39 13- 000105 Public Hearing and First Reading Ordinance - Amending the Unified Development Code to add the requirements and enforcement of Model Subdivision Rules to plats and subdivisions of land within the Extraterritorial jurisdiction of the City Corpus Christi Page 14 Printed on 311912013 City Council Meeting Agenda - Final March 19, 2013 O. 40 41 Ordinance amending the Unified Development Code ( "UDC ") by revising Article 8, Section 8.1, subsection 8.1.1, related to Authority regarding subdivisions located in the extraterritorial jurisdiction of the City by adding language to incorporate Chapter 11 of the December 13, 2006 Nueces County Subdivision Regulations and Platting Requirements, which incorporate the Model Subdivision Rules as authorized by Chapter 364 of Title 31 of the Texas Administrative Code; providing for severance, penalties, and publication_ attachments: Model Subdivision, Regulation, A -genda Memo. 3-26 -2013 (Final) Model Subd Rules Draft Ord v04 CC w notes clean 20130311 (FINAL) FUTURE AGENDA ITEMS: (Items 40 - 55) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 13- 000212 BOND 2012 PROJECTS (Related Items 40 - 45) Award of a construction contract; and approval of construction materials testing contact for Yorktown Boulevard Phase 2 project (BOND 2012) Motion authorizing the City Manager or designee to execute a Construction Contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $6,373,769.00 and to execute a Construction Materials Testing Contract with Rock Engineering & Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $84,201.00 for Yorktown Boulevard Phase 2 from Cimarron Boulevard to Rodd Field Road for the Base Bid plus Additive Alternate No. 1 and 2 BOND ISSUE 2012 (Proposition No. 1 Street Projects). Attachments: Memo - Yorktown Project Budget - Yorktown Location Mao.pdf Testincl Contract - Yorktown PowerPoint - Yorktown 13- 000213 Professional services contract for design and construction of County Road 52 Extension (CR 69 to FI 1 1889) (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Naismith Engineering, Inc. from Corpus Christi, Texas in the amount of $241,692.50, for County Road 52 Extension from CR 69 to FM 1889 for design, bid, and construction phase services BOND ISSUE 2012. (Proposition No. 8 Economic Development Projects) Corpus Christi Page 15 Printed on 3/19/2093 City Council Meeting Agenda - Final March 19, 2013 Attachments: AArenda memo - County Road 52 Extension.pdf Location Map - County Road 52 Extension from CR 69 to FM 1889.pdf PowerPoint - County Road 52 Extension.pdf Contract - County Road 52 Extension from CR 69 to FM 1889 „pdf Promect Budget -Coon Road 52 Extension CR 52 from CR 69 to FM 1889.xlsx 42 13- 000229 Professional services contract for remodeling and improvements of the animal care facility (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Chuck Anastos of Corpus Christi,. Texas in the amount of $87,300.00 for Animal Control Remodel /Improvements for design, bid, and constructic- i phase services. BOND ISSUE 2012 (Proposition No. 3 Service Center Complex Improvements). Attachments: Agenda memo - Animal Control Project Budget - Animal Control Location Map _- _Animal Control Remodel lrn2sjDdf Contract - Animal Control Remodel Imps.0 43 .13-000215 Professional services contract for the design and construction of hike and bike trails along Schanen Ditch and Bear Creek Ditch (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Martinez, Guy & Maybik, Inc. of Corpus Christi, Texas in the amount of $185,540.00, for Hike and Bike Trail Development for design, bid, and construction phase services. BOND ISSUE 2012. attachments: Memo - Hike and Bike Project Budget - Hike and Bike Location Ma - Hike and Bike Trail - Bear Creek Trail. df Location Ma - Hike and Bike Trail - Schanen Trail. df Contract - Hike and Bike Trail. df 44 13- 000230 Professional services contract for design and construction of new shop and office facility for signs & signals operations (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Chuck Anastos from Corpus Christi, Texas in the amount of $141,000, for Signs /Signal Operations - New Shop and Office Facility for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 3 Service Center Complex Improvements). Corpus Christi Page 16 Printed on 311912013 City Council Meeting Agenda - Final March 19, 2013 Attachments: Memo - Signs Signals Pro'ect Budget - Signs Signals Location a i Sh Ofce Facility.pdf p - cans Signal ps NeH _2 fi Contract - Signs 5i nal O s New Shop Office Facility.pdf 45 13 -000225 Professional services contract for Health Department parking lot improvements (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with 'Urban Engineering from Corpus Christi, Texas in the amount of $64,200.00; for Health Department Building Parking Lot for design, grid, and construction phase services BOND r ISSUE 2012 (Proposition No. 6 Public Health Improvements) Attachments: Agenda- Health Dept Bldg_ Proiect Budget - Health Dept Bldg Location May - Health Dept Building Parking, Lot.pdf , Contract- Health De Building Parking Lot.pdf 46 13- 000263 Professional Services Agreement for Veterinary Services Motion approving a professional services agreement with Melissa Draper, DVM, Corpus Christi, Texas for veterinary services for an estimated annual expenditure of $100,000.00, of which $33,333.33 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 Contractor and the City Manager or designee. Funds have been budgeted by the Police Department in FY 2012 -2013. Attachments: Agenda Memo - Veterinary Services,odf Price Sheet - Veterinary Services. df Service agreement - Veterinary servioes.pdf 47 13- 000169 Renewal of treated water supply contract with Violet Dater Supply Corporation Motion authorizing the City Manager or designee to execute a contract to supply Violet Water Supply Corporation (Violet) with treated water for up to 10,000,000 gallons per month for a term of 40 years. Attachments: Agenda Memo Violet WSC FINAL ON 031413.pdf Contract - Violet water supply contract v rev 031413 pdf 48 13- 000201 Professional Services Contract for accelerated considerations of funding and constructing the Mary Rhodes Phase 11 pipeline project Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with HDR Engineering, Inc. of Corpus Christi, Corpus Christi Page 17 Printed on 311912013 City Council 49 s0 81 Meeting Agenda - Final Texas in the amount of $80,000.00, for Water Supply Alternative Funding Strategies. attachments: Agenda memo - Water Alt Funding Project Budget_- Water Alt Funding Contract - Water Supply Alternative Funding Strategies 13-000218 Supply agreement for aluminum traffic signs March 19, 2013 Motion approving a supply agreement with Custom Products Corporation, Jackson, Mississippi for aluminum traffic signs in accordance. with Bid Invitation No. 131. 0097 -13 based on lowest responsible bid for an estimated annual expenditure -of $133;994: .55, of . which $44,664.85 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 Traffic Engineering FY 2012 -2013_ Attachments: Aqgnda Memo - Aluminum Traffic Signs.0f ` Bid Tabulation -Aluminum Traffic Signs.01' 13- 000219 Lease- purchase of pothole patcher trucks for street maintenance Motion approving the lease- purchase of two (2) Bergkarnp Flameless Pothole Patchers from Freightliner of Austin, Austin, Texas for a total amount of $277,074.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC)_ Funding is available from the City's lease- purchase financing contractor. Attachments: Agenda Memo -Berakamp Flameless Pothole Patcher Trucks. pdf Price Sheet - Bergkamp Flameless Pothole Patcher Trucks pdf 13- 000226 Lease - purchase of two asphalt crack sealing machines to be used for street maintenance Motion approving the lease purchase of two (2) asphalt crack sealing machines (trailer mounted) from Crafco Texas, Inc., of San Antonio, Texas for a total amount of $96,740.34. The award is based on the cooperative purchasing agreement with the Texas Local Government Cooperative. The equipment will be used by the City's Street Department. These units are replacements to the fleet. Funds for the lease purchase of the machines will be provided by the City's lease purchase financing program. Attachments: Agenda Memo - Asphalt Crack Sealing Maching.pdf Price Sheet - Asphalt Crack Sealing Machine,.pdf 13-000203 Software Licensing Agreement to update existing Municipal Information Systems (MIS) service desk licensing and management Corpus Christi Page 18 Primed on 3199/2013 City Council Meeting Agenda - Final suite licenses March 19, 2013 Motion authorizing the City Manager, or designee, to execute a 3 -year contract with SHI, Inc., of Austin, Texas for an estimated expenditure of $252,911.94, The cost will be paid in 3 annual payments of $84,303.98. The purpose is to update existing LANDesk Service Desk and management suite licenses to an enterprise solution and this cost includes maintenance costs for the 3 -year period. SHI, Inc. is a Texas' Department of Information Resources reseller number DI R-SDD-1 009. Attachments. Agenda memo - SHI Quote - SHI 6231198 Agreement - SHI 1689000 - signed 53 13- 000211 Resolution of support for the application of Texas A&M University= Corpus Christi for Federal designation as a test range for unmanned aircraft system. Resolution supporting the application of TexaaA &M,_University- Corpus Christi to pursue Federal Aviation Administration (FAA) designation for Texas as an unmanned aircraft system (UAS) test range. Attachments: Agenda memo - UA5 Suppdrt Press Release - FAA RFP Release 021413 Resolution - FAA 2 -28 -13 54 13- 000224 Resolution authorizing submission of a grant application to the State for summer food program to serve children in summer recreation program Resolution authorizing the City Manager, or designee, to submit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $250,000 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. Attachments: Agenda Memo - Summer Food Program rant re uest Resolution - SummerFoodPro ram q rant apg 55 13- 000221 Revisions to the Community Youth Development Steering Committee membership from 11 to 9 members Resolution revising membership of the Community Youth Development Steering Committee. Attachments: Agenda Memo - CYD Advisory Committee. df Resolution - Community Youth Development Advisory Committee P. CITY MANAGER'S COMMENTS: Corpus Christi Page 19 Printed on 311912013 City Council Meeting Agenda - Final * Update on City Operations Q. ADJOURNMENT March 19, 2013 Corpus Christi Page 20 Printed on 311912013 ....... ............................... Corpus Christi 1201 Leopard Street M Corpus Christi, Tx 78401 cctexas.com Meeting Minutes - Final City Council Tuesday, February 26, 2013 11:30 AM Council Chambers A. CALL MEETING TO ORDER. Mayor Martinez called the meeting to order. B. INVOCATION. The invocation was delivered by Bill Word. C. PLEDGE OF ALLEGIANCE. The Pledge of Allegiance was led by Holly Tyree, City Manager's Office. D. ROLL CALL. 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: City Manager Ron Olson, City Attorney Carlos Valdez, and City Secretary Armando Chapa. Present: 9- Council Member Kelley Allen, Council Member Priscilla Lea l,Council Member David Loeb,Mayor Nelda Martinez,Council Member Mark Scott,Council Member Chad Magill,Councii Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza E. Proclamations 1 Commendations 1. 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" Mayor Martinez read and presented the Proclamations. Corpus Christi Page 1 Printed on 3/812073 City Council Meeting Minutes - Final February 26, 2013 F. PUBLIC COMMENT. Mayor Martinez referred to Public Comment. The following citizens spoke: Carolyn Moon spoke in support of a plastic bag fee; Susie Luna Saldana stated that she supports Destination Bayfront but that right now it is not the right time, and that we need to focus on fixing the roads; Foster Edwards, CEO of Chamber of Commerce spoke regarding Windstorm Insurance, and invited the Council to Coastal Bend Day in Austin next Tuesday, March 5th; Lynda Jones spoke regarding construction on Vaky Street and the need for speed bumps; Cheryl Martinez recognized the Animal Control department for their great work; Colin Sykes spoke about Destination Bayfront and stated that we need to focus on road and street netids; Paul Koepke spoke in support of Destination Bayfront; Denny Bales thanked the Police Department for the leadership in . overseeing the Animal Control; Lisa SCheerer spoke in regards to the street maintenance fee and asked that Charter Schools be added to the exemption list; Willard Hammonds asked for equitable distribution of the street maintenance fee; Joe McComb spoke about the street maintenance fee and the impact to small businesses; Joe Guerra spoke about the plastic bag fee, and the unfair burden of the street maintenance fee on small businesses; and Jack Gordy spoke about the signs on Regional Transportation Authority bus benches. Renee Clayton spoke in support of Destination Bayfront, and read a letter on behalf of Ed and Camille Gates regarding their support for Destination Bayfront; Sean De La Garza spoke against the street maintenance fee and the impact on small businesses; David Fields spoke against the street maintenance fee; Tony Norrell spoke against the formula used to calculate the street maintenance fee; Gilbert Martinez stated that the fee is inequitable and unfair for small businesses; Pablo Garza, Jr., Commander, Bill Roper Country .PDSt #364 (Veteran Organization) spoke against the street maintenance fee and asked to consider adding non - profit organizations on the exemption list; Martha Martinez spoke against the street maintenance fee and the impact the fee would have on small businesses; Patty Clark spoke in support of Destination Bayfront; Trey Bates spoke in support of Destination Bayfront and asked about an equitable system for the street maintenance fee; Butch Escobedo spoke against the formula used for calculatiing the street maintenance fee, the impact it will have on small businesses and does not support the 30,000 cap; Abel Alonzo spoke about the cost to date for Destination Bayfront and the additional cost if the Bond Proposition passes; Jerry Garcia spoke about several issues of concern in the city; and the lack of funding to Southside Youth Sports Complex; F-loy Salazar spoke against the street maintenance fee and that it needs to be fair and equitable; Casey Lane spoke against the street maintenance fee and asked that it be fabled; Loni Bernal spoke in support of the Select Baseball program and the funds it generates in the community; Kirk Bromfield agrees that streets needs to be repaired, but that the the proposal is unfair to small' businesses; Mr. Tamez spoke against the street maintenance fee; Ray Brown, spoke about the street maintenance fee and the impact on small businesses. G. EXECUTIVE SESSION: (ITEM 2) Mayor Martinez referred to Executive Session Item No. 2. The Council went into executive session. The council returned from executive session. Corpus Christi Page 2 Printed on 3/8{2013 City Council Meeting Minutes - Final February 26, 2013 2. 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. This executive session was discussed and no action was taken. H. MINUTES: 3. Approval of Meeting Minutes -February '19, 2013. A motion was made by Council Member Scott : seconded by Councii Member Magill and passed to approve the minutes as presented. I. BOARDS & COMMITTEE APPOINTMENTS: K. CONSENT AGENDA: (ITEMS 4 - 23) Mayor Martinez referred to the Consent Agenda, Items 4 through 23. Mayor Martinez asked for council and public comment.+ There were no comments. The items were approved by one vote: 4. 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 taprfittings 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. 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 -035 5. Service agreement for uniformed guard security services for specific City buildings Corpus Christi Page 3 Printed on 3MI2013 City Council Meeting Minutes - Final February 26, 2013 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 bc� n budgeted by the using departments in 1=Y 2012- 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 Igo: M2013 -036 6. Authorizing State grant application submission for assisting 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 - The foregoing resolution was passed and approved with the following vote: Ayer 9 - Council MemberAllen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council " Member McIntyre, Council Member Wiojas and Council Member Garza Abstained: 0 Enactment No: 029743 7. 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 Corpus Christi Page 4 Printed on a4WO13 City Council Meeting Minutes - Final 8. February 26, 2013 Manager or designee to apply for, accept, reject, alter, or terminate the grant. The foregoing resolution was passed and approved with the following vote: Aye: 9 - Council MemberAllen, 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: 029744 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.oi desighee10 apply for, accept, reject, alter, or terminate the grant. The foregoing resolution 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: 029745 9. 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 a total restated fee not to exceed $597,216.00, for the Padre Island Water Supply Study. 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 -037 10. Construction Contract for removing ammonia from reclaimed water to Corpus Christi Page 5 Primed on 318/2013 City Council Meeting Minutes - Final February 26, 2013 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. 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. Counca Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2013 -038 11. 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. 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 -039 12..' 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. 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 Corpus Christi Page a Printed on 31812093 City Council Meeting Minutes - Final February 26, 2013 Abstained: 0 Enactment No: M2013 -040 13. Second Reading Ordinance - A change of zoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District, at 7201 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 sogtheast corner of Rodd Field Road and Brooke Road. Planning Commission and Staff Recommendation .(Janua.ry 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. The foregoing ordinance was passed and approved on second 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 Enactment No: 029746 14. 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 Il, "City of Corpus Christi Technical Construction Codes," Division 8, "Residential Code," Section 14 -291, "Residential construction code," by creating new subsection (6.1) Corpus Christi Page 7 Printed on 31812013 City Council Meeting Minutes - Final February 26, 2013 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. The foregoing ordinance was passed and approved on second 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 Enactment No: 029747 15. Second Reading Ordinance - Adopting the 2009 International, Fire Code with local amendments (1st Reading 2112113) 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. The foregoing ordinance was passed and approved on second 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 Enactment No: 029748 16. Second Reading Ordinance - Agreement for use of McGee Beach for music event (1st Reading 2112/13) 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. This ordinance was withdrawn. 17. 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 Corpus Christi Page 8 Printed on 3%8/2043 City Council Meeting Minutes - Final February 26, 2013 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. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal., CDLincil,Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Rioja,5 °and Council Member Garza Abstained: 0 Enactment No: 029749 18. Second Reading Ordinance - Accepting and appropriating State grant and City matching funds for wildlife refuge improvements (1 st. Reading 2112113) 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. The foregoing ordinance was passed and approved on second 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 Enactment No: 029750 19. 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. The foregoing ordinance was passed and approved on second reading with the following vote: Carpus Christi Page 9 Printed on 3MI2013 City Council Meeting Minutes - Final February 26, 2013 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: 029751 20. 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 I�" 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_ Tire foregoing ordinance was passed and approved on second reading with the following voter 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: 029752 21. Second Reading Ordinance - Amending lease agreement to exclude subsidiary from On- Airport Rental Car Consession and Lease for airport (1st Reading 211 2113) 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. The foregoing ordinance was passed and approved on second 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 Corpus Christi Page 10 Printed on 31=om City Council Meeting Minutes - Final February 26, 2013 Enactment No: 029753 22. Second Reading Ordinance - Amending rental car concession and lease agreements with each rental car agency located at the airport (1st Reading 2112113) 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 applicabte.by revenues collected via a Customer Facility Charge, each for a term of five (5) years. -:1 i?e foregoing ordinance was passed and approved on secorid 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 Enactment No: 029754 23. 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 2112113) Ordinance amending Chapter 12 '/ of the City Code of Ordinances regarding City Council Audit Committee, Audit follow -up reports, Peer review, and City Auditor vacancy and selection process. The foregoing ordinance was passed and approved on second 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 Enactment No: 029755 L. PUBLIC HEARINGS: ITEMS 24 - 28 Corpus Christi Page 11 Printed on 3/812013 City Council Meeting Minutes - Final February 26, 2013 24. 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 Reccimmerldation (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. Mayor Martinez referred to Item No. 24. Mark Van Vleck, Director of Development Services stated that the purpose to rezone the property is to allow for single - family houses. He stated that the Planning Commission and Staff recommend approval of the zoning change from "ON" Office District to "RS -6" Single Family 6 District. A motion was made by Council Member Magill, seconded by Council Member McIntyre to open the public hearing and passed. There were no comments from the public. A motion was made by Council Member Scott, seconded by Council Member Magill to close the public hearing and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 8- Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Ricjas and Council Member Garza Absent: 1 - Council Member Leal Abstained: 0 25. 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 Corpus Christi Page 12 Printed on 3/8120 13 City Council Meeting Minutes - Final February 26, 2013 26. 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. Mayor Martinez referred to Item No. 25. Mark Van Vleck, Director of Development Services stated that this is a text amendment to the Unified Development Code to allow for the designation of authority to the Assistant City Managers to execute Standard Deferment Agreements. A motion was made by Council Member Magill, seconded by Council Member Leal to open the public hearing and passed. There were no comments from the public. A motion was made by Council Member McIntyre, seconded by Council Member Loeb to close the public hearing and passed. 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 Rojas and Council Member Garza Abstained: 0 Public Nearing 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 4.4.16 - 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_ Mayor Martinez referred to Item No. 26. Mark Van Vleck, Director of Development Services stated the this is a text amendment to the Unified Development Code to update the regulations of the Unified Development code to improve the UDC's effectiveness in regards to public notices, special permits and setbacks. A motion was made by Council Member Loeb, seconded by Council Member Scott to open the - public hearing and passed. There were no comments from the public. A motion was made by Council Member Loeb, seconded by Council Member McIntyre to close the public hearing.and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Corpus Christi Page 12 Printed on 31812013 City Council Meeting Minutes - Final February 26, 2013 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 27. First Reading Ordinance on proposed assessments for Vaky Street, Ivy Lane, and Clare Drive; amending the Capital Improvement Budget and awarding construction contract (1st Reading 2/26/13) Public Hearing on proposed assessments,fer.Vaky Street from Swantner Drive to Reid Drive, Ivy Lane from Gollihar Road to Horne Road, and Clare Drive from South Padre lsland.Drive to McArdle Road (the "Project "); Ordinance finding and determining that the property abutting said streets will be specifically avid 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 PrelirninaryAssessment 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) Mayor Martinez referred to Item No. 27. Dan Biles, Director of Engineering Services stated that this item is a Public Hearing and First Reading Ordinance on proposed assessments imposing assessments, fixing liens, payment terms for Vaky Street, from Swantner to Reid Drive; Ivy Lane from Gollihar Road to Horne Road; Clare Drive from SPID to McArdle Road, and authorizing a construction contract. He added that this was a Bond 2008 project. A motion was made by Council Member McIntyre, seconded by Council Member Scott to open the public hearing and passed. There were no comments from the audience. A motion was made by Council Member Garza, seconded by Council Member Scoff to close the public hearing and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9 - Council MemberAllen, 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 Corpus Chris4 Page 14 Printed on 3/812013 City Council Meeting Minutes - Final February 26, 2013 28. 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. Mayor Martinez referred to Item No. 28. Dan Biles, Director of Engineering Services stated that this is a text amendment to the Unified Development Code to add new requirements related to street standards, criteria, and requirements for street design; requiring compliance with design standards isued by the City Engineer; and requiring street design for a 30 -year life level of service. A motion was made by Council Member Magill, seconded by Council Member Scott to open the public hearing and passed. Council Members Loeb and Garza asked questions regarding the design standards for concrete streets. Mr. Brown, Peterson Development spoke in regards to the indemnified clause in the deferment agreement. A motion was made by Council Member Magill, seconded by Council Member Scott to close the public hearing and passed. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 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 M. FIRST READING ORDINANCES: ITEMS 29 - 37 29. 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. ' Mayor Martinez referred to Item No. 29. Mr. Oscar Martinez, Assistant City �. Manager stated that Item Nos. 29 and 30 are both related to the Street Maintenance Fee. Mr. Martinez stated that the purpose is to' raise funds in the amount of $15 million for the Street Maintenance Program. He stated that the fee is based on the following variables: the improvement square footage, the land use and the associated trip factor, and the application of base rate to be charged to every equivalent residential unit a flat fee of $7. He stated that it also allows for a 10 year sunset, and provides for $1.2 million for administrative cost to oversee the program. Mr. Carlos Valdez, City Attorney spoke to the legality in collecting the Street Maintenance Fee. He stated that the City of Corpus Christi is a Home Rule city and that Article X of the City Charter gives the City the authority it needs to maintain our city streeets. He stated that the intent is to collect a fee and that the process required that the City first identify: 1) the amount necessary for the purpose, and 2) once the fee is collected, it can only be used for street maintenance. He added that this process has been followed. Corpus Christi Page 15 Printed on 31812073 City Council Meeting Minutes - Final February 26, 2013 30. Mr. Martinez stated that Item No. 29 is a First Reading Ordinance establishing a street maintenance fee in order to protect the citizens from the detoriated street system, and to provide for the public health and safety of the citizens. He added that it establishes a schedule for street maintenance and sets out the fee to be paid by each utility customer and owner for a benefitted property and collection of the fee. He stated that Item No. 30 is establishing the rate based on the cost of the ciy to maintain the street system; that the fee be paid collectively and not to be used for any other purpose; and provides for the fee to cease after 10 years from the date of its final passage. Mayor Martinez referred to public comment. Wilson Wakefield stated that the street maintenance fee is unfair; .loan Veith spoke against establishing the maintenance fee and asked that they remem6eV0ie s6nior citizens. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: ..8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Cou9ei_l.Member;Mc1.ntyre, Council Member Riojas and Council Member Garza Nay. 1 - Council Member Leal Abstained: 0 First Reading Ordinance Establishing policies, methodologies and rate to be charged for implementing the Street Maintenance Fee Ordinance establishing rates, policies and rriethologies to implement Street Maintenance Fee. Mayor Martinez referred to Item No. 30. Mr. Oscar Martinez,'Assistant City Manager stated that this item is establishing the rate and policy for implementation, and added if this policy is' not approved then the rate is not implemented. He discussed the nine (9) findings in the ordinance; the trip factors, street fee only account, residential property, non - residential property, billing and collection of the fee, recovery of unpaid fee, street maintenance fund, rules, disposition of fees and charges, exemptions, and the effective period. ]n addition, Mr. Martinez added that the discount program will be incorporated into the final ordinance and will include the exemption of federal agencies. Next, Mr. Martinez referred and discussed the contents of the Informal staff Report Memorandum sent to Council on February 22, 2013 specifically the three issues regarding the proposed rate design: 1) cap of building square footage, 2) master metering of commercial residential class, and 3) equity in commercial class. He stated that in reference to Item No. 1, lowering the cap to 20,000 square feet per meter, would result in 779 accounts being affected and will increase the proposed base rate from $7.00 to $7.44, and lowering the cap even further to 10,000 would affect 1,481 accounts and change the rate from $7.00 to $8.56. Or, increasing the cap to 40,000 square feet would decrease the rate from $7.00 to $6.66 and affect 398 accounts. In reference to Item No. 2, Mr. Martinez stated that there are two options: a) move all commercial residential accounts to the residential section and charge Corpus Christi Page 16 Printed on 3/812013 City Council Meeting Minutes - Final February 26, 2013 each dwelling unit the flat fee as a family residence of $7.00, or b) move all commercial residential accounts to the residential class and charge each dwelling the flat fee times a trip factor of 0.48 ($3.36). In reference to Item No. 3, Mr. Martinez stated there are two options available; a) issue a contract to an outside entity to research and identify the land use for each of the commercial properties and populate the City's data base. The estimated cost is between $290,000 to $380,000 and would take approximately 90 days to complete, or b) provide for an appeal process where commercial properties receiving the 4.60 trip factor could provide a Certificate of Occupancy which would reflect the actual land use. Mr. Ron. Olson, City Manager stated that the process would result in good policy and a plan to maintain roads. He stated that once the first reading ordinance is approved, the first reading ordinance would be posted on the Internet.to aliowe for question and answer to occur so that citizens can digest . the information, and also for staff to discuss with different groups. Mr. Olson stated that we have a twelve to fifteen year maintenance cycle for the use of the fee and that there is a plan for the first 3 years, but because of degrading of streets we do rot have the 6&xt list of priority. He added that the City of Corpus Christi is not the first city to approach road maintenance and that this is a regulatory fee, not a tax or a user fee and asked for direction from the council to move forward. Council Members discussed various issues and ask questions regarding the contract for an outside entity to research the land use, appeal and validation process, the trip factor, certificate of occupancy process, cap,,exemption of chatter schools, application costs related to certificate of occupancy, and data in the city's system. Mayor Martinez asked for comments from the public. Tony Norrell commented on the exemptions, commercial office buildings, apartments, the trip factor, and expressed concern for businesses; Wilson Wakefield stated that road maintenance is the city's responsibility; Gloria Scott spoke about the implementation of the street fee; Eloy Salazar stated he supports a street fee but is concerned with the conditions that are set out and asked Council to table to allow staff to address the concerns, and commented on the impact to small businesses; Mike Staff, representing Apollo Towing supports the regulatory fee and suggested that they take a closer look at the larger vehicles, and as an educational information that a sample billing be sent to citizens regarding the fee; Dave Resendez stated that the fee should be based on weight; Stewart Strayer spoke against the fee, and stated that the RTA should not be exempt; George Moore referred to the sales tax currently being collected and suggested applying the taxes collected to streets; Jack Solivey acknowledged that we need street repairs, suggested splitting the tax currently given to the RTA; and Abel Alonzo spoke of the important service provided by public transportation and stated that the RTA has over 6 million riders, of which approximately 5,000 are disabled. Mayor Martinez stated that through an RTA board vote, they have increased their amount to $1.1 million. After discussion by the Council, Mr. Martinez summarized the consensus of the council: update on legislation; maintain the $7 rate for residential; consider revised legislation to ensure that RTA funding go to streets; formalize in the ordinance the discounts for low income; provide Corpus Christf Page 17 Printed on 31812013 City Council Meeting Minutes - Final February 26, 2013 clarity for the exemptions, raise the cap to 100,000 square feet; that commercial residential is tied to a trip factor for commercial units; conduct a survey to ascertain accurate land use and attach a trip factor; and develop a validation process. A motion was made by Council Member Magill, seconded by Council Member Scott to table the item for three weeks and passed with the following vote: Martinez, Allen, Garza, Leal, Loeb; McIntyre, Magill, Riojas, and Scott, voting ..Aye,. 31. 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 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 Safeiyy Warehouse - Project No. 140252; loan to be repaid from the No 1061 Law -Enf&cement 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. The foregoing ordinance was passed and approved on first reading with the following vote: Aye. 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 32. 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 (1st Reading 2126113) 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. The foregoing ordinance was passed and approved on first reading with the Corpus Christi Page 18 Printed on 31812073 City Council Meeting Minutes - Final February 26, 2013 following vote: Aye: 8- Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre and Council Member Garza Absent: 1 - Council Member Riojas Abstained: 0 33. 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. 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 34. 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 The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9- Council Member Allen, Council Member Leal, Councii'Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 35. First Reading Ordinance - Amending the Code of Ordinances to establish the process for managing the International Energy Corpus Chrisfi Page 19 ' Printed on 3/8/2013 City Council Meeting Minutes - Final February 26, 2013 Conservation Code pertaining to inspection agencies, submission methods and submission time frames 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. 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: Q 36. 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 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. 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: d 37. 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 Corpus Christi Page 20 Printed on 3/812093 City Council Meeting Minutes - Final February 25, 2013 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. 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 N. REGULAR AGENDA: (38 - 411), 38. 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. The foregoing ordinance was passed and approved on second 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 Enactment No: 029756 39. 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. The foregoing resolution 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: 029757 40. Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed affordable housing project known as Corpus Christi Page 21 Printed on 31812013 City Council Meeting Minutes - Final February 26, 2013 Lexington Manor Apartments to be developed by TG 110, Inc. The foregoing resolution was passed and approved with the following vote: Aye: 9 - Council MemberAllen, 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: 029758 41. 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 Carpus Christi, Ltd. M 42. 43. The foregoing resolution failed with the following vote: Aye: 1 - Council Member Loeb Nay: 8 - Council MemberAllen, Council Member Leal, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Rojas and Council Member Garza Abstained: 0 FUTURE AGENDA ITEMS: (ITEMS 42 - 52) 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- 0060 -13, based on lowest responsible bid for an estimated annual expenditure of $622,502.00 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 This Motion was recommended by Staff to the Consent Agenda. Service Agreement for wrecker services for City owned vehicles Corpus Christi Page 22 Printed on 3WO13 City Council Meeting Minutes - Final February 26, 2013 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 $39,10521 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. This Motion was recommended by Stan to the Consent Agenda. 44. Amending financial policies and providing financial policy direction on preparation of the annual budgets Resolution amendiregrinancial policies adopted by resolution .029521 and providing financial policy direction on preparation of the annual budgets This Resolution was recormended by Staff to the Regular Agenda. 45. 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) 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 Uesting Laboratory for testing for the Project. (BOND 2008) This Motion was recommended by Staff to the Consent Agenda. 46. Construction contract for a waterline adjustment under the east 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 WaterAdjustment under the east bound On -Ramp for IH 37 at Corpus Christi Page 23 Printed on 31812013 City Council Meeting Minutes - Final February 26, 2013 Carbon Plant Road and IH 37. This Motion was recommended by Staff to the Consent Agenda. 47. 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. This Motion was recommended by Staff to the Consent Agenda. 48. 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, This Motion was recommended by Staff to the Consent Agenda. 49. 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. This Motion was recommended by Staff to the Consent Agenda. 50. 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. This Motion was recommended by Staff to the Consent Agenda. Corpus Christi Page 24 Printed on 3/8/2013 City Council - Meeting Minutes - Final February 26, 2013 51. 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. This Motion was recommended by Staff to the Consent Agenda. 52. Agreement for airport parking facilities management 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. This Motion was recommended by Staff to the Consent Agenda. P. CITY MANAGER'S COMMENTS: * Update on City Operations Q. ADJOURNMENT City Manager Olson thanked Oscar Martinez, Assistant City Manager and his Team for their work and expertise on the street maintenance fee. There being no further business to come before the Council, Mayor Martinez declared the meeting adjourned at 7:45 pm. Corpus Christi Page 25 Printed on 3/812013 a. BUILDING STANDARDS BOARD — Two (2) vacancies with terms to 3 -03 -16 representing the category of 1 — Engineer and 1 — Member At Large. DUTIES: To hear appeals under the Building Standards and Housing Code, which shall be construed to secure the beneficial interests and purposes of safety, health, and general welfare, through structural strength, stability, sanitation., adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair removal, demolition, use and occupancy of building or structure. COMPOSITION: Seven (7) members, three (3) members at large of whom shall be residents of the City and home owners; one shall be a lawyer, three (3) chosen from: realtor, architect, engineer, general contractor, home builder or building materials dealer. Appointed by the City Council for 3 year staggered terms. Elects its own chairman. MEMBERS Michael A. McCauley (Lawyer) Sha:Wn P. Bodind`(Engineer) Randal Salazar (Member at Large) Ramiro Munoz 111 (Engineer) Peggy E. Mettlen (Member at Large) Clarissa Beltran (Member at Large) Shane Torno (Engineer) Legend: *Seeking reappointment "Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six or two -year service limitation (The Building Standards Board is recommending the reappointments of Shane Torno (Engineer) and Clarissa Beltran (Member At Large). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Clarissa Beltran (At Lg.) 5 3 60% Shane Torno (Engineer) 5 4 80% ORIGINAL TERMS APPTD. DATES 3 -03 -14 2 -22 -11 3 -03 -15 3 =27 -12 3 -03 -14 2 -23 -10 3 -03 -14 2- 22 -11: 3 -03 -15 3 -27 -12 3 -03 -13 2 -23 =10 3 -03 -13 8 -18 -09 (The Building Standards Board is recommending the reappointments of Shane Torno (Engineer) and Clarissa Beltran (Member At Large). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Clarissa Beltran (At Lg.) 5 3 60% Shane Torno (Engineer) 5 4 80% OTHER INDIVIDUALS EXPRESSING INTEREST: Alice Aparicio- Bussey Realtor, Keller Williams Realty. Attended Del Mar College. Licensed Real Estate Agent over 25 years. Activities include: Keller Williams Cares, and Corpus Christi Citizens Police Alumni Association. (Realtor - Member At Large) (03119112) Denise Gallimore Grant Development Specialist, Del Mar College. Licensed Texas Realtor with Group One Real Estate. Also a Licensed Massage Therapist with Island Day Spa. (Realtor -Member At Large) (3120112). Scott M. Harris Professional Engineer, HDR Engineering, Inc. Received a B.S. in Civil Engineering from Prairie View A &M University. Currently pursuing an M.A. in Strategic Studies from the Naval War College. He is a 23 -year veteran in our armed forces, completing numerous humanitarian construction- projects, and served in Operations Iraqi Freedom and USSOUTHCOM. He remains 'in the -Navy Reserves as a Lt. Commander. Activities and interests include: Scout leader at Nature Conservancy and Blucher Park, History, heritage, South Texas Council of Boy Scouts, Texas State Aquarium, Museum of Science and History, Art Museums of South Texas, Society of American Military Engineers and American Society of Civil Engineers. (Engineer - Member At Large) (10131112) Lee R. Hassman Managing Partner/Realtor, Tropical Realtor. Manages office, sells commercial and residential real estate. Certified and specializes in short sales, as well as custom home building and commercial building through Harbor Homes 11. (Realtor -Member At Large) (3119112) Julia McCoy Realtor, Group One Real Estate. Former City employee ( +5 yrs) as Assistant to the Director of Development Services, and Staff assistant to the Building Code Board of Appeals (BOA), Electrical Code BOA, and Plumbing/Mechanical BOA. (Realtor - Member At Large) (3/20/12) Charles Schibi, P.E. Owner, Apex Engineers and Consultants, Inc. Received B.S. in Civil /Structural Engineering, Texas A &M- Kingsville. Also obtained AA in Industrial Education, AA in Applied Sciences, and an AA in The Arts. Activities include: American Society of Civil Engineers, American Society of Mechanical Engineers, Habitat for Humanity Board Member, CC Chamber of Commerce, CC Hispanic Chamber of Commerce, West Side Business Assn., Previous Zoning Board of Adjustment member, and previous Board of Trustees for Texas Lighthouse for the Blind. (Engineer - Member At Large) (3112112) Theunis A. Voorkamp Broker/Managing Partner /Owner, Corpus Christi Excel Properties Inc./Nueces Tax Relief/TAVCO Construction. Retired Merchant Marine Captain, graduate of the U.S. Merchant Marine Academy. Licensed Real Estate Broker, Licensed Property Tax Consultant, and Registered Arbitrator with State of Texas. Activities include: Texas Assn. of Property Tax Professionals, National Association of Realtors, and Texas Real Estate Commission.. (Realtor - Member At Large) (3119112) David Wallace Real Estate Broker /Owner, Selncc, Inc. dba Windward Properties. - Received a BA in PhotoJournalism from Stephen F. Austin University. Licensed Real Estate Broker in Corpus Christi for past 30 years. (Realtor -- Member At Large) (3119112) Mike Wanzer HVAC Contractor/Principal, Mike Wanzer A/C Co. Activities include: Served six years on the Mechanical/Plumbing Advisory Committee, two years as Chair. Past President of the Coastal Bend Air Conditioning Contractors Association. (General Contractor - Member At Large) (08128112) 0 b. ISLAND STRATEGIC ACTION CONEMTTEE — Seven (7) vacancies with terms to 3 -23 -15 representing the following categories: 1 — Commercial Property Business Owner on Padre or Mustang Island, I — Developer of property on Mustang or Padre Island, 1 -- member /nominee of the Padres Island Business Association, I --- member /nominee of the Padre Isles Property Owners Association, and 3 — At Large representatives (1 of which may, but is not required to reside on Mustang or Padre Island). DUTIES: To advise the Mayor and City Council on development and implementation of the Mustang - Padre Island Area Development Plan. The Committee shall develop specific strategies for implementation of the Mustang -Padre Island Development Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. COMPOSITION: The committee shall consist of thirteen (13) members appointed by the City Council. The membership must include: 1- member of the Padre Isles Property Owners Association, who has been nominated by the association; 1- residential property owner who owns property and resides on Mustang -or Padre Island; 1- commercial property owner who owns property and operates a business on Mustang or Padre Island; 1- developer of property on Mustang or Padre Island; 1- member of the Padre Island Business Association, who has been nominated by the association; 1- architect or professional engineer, who does work on projects on Mustang or Padre Island; 1- realtor, who primarily represents buyers or sellers of property on Mustang or Padre Island; 1- construction contractor, who primarily works on projects on Mustang or Padre Island; 1- representative of an environmental 'group; 4- at large representatives who are residents of the City. Not less than twelve (12) members must reside or own property on Mustang or Padre Island. One (1) of the at- large representatives may, but is not required to, reside on Mustang or Padre Island. The City Council may appoint not more than four (4) members of the action committee who do not reside within the City if they own or represent the owner of property on Mustang or Padre Island. The following organizations may appoint a representative to serve as an ex- officio advisory member of the action committee without vote: Planning Commission, Watershore and Beach Advisory Committee, Park. and Recreation Advisory Committee, Nueces County, Nueces County Water Control and Improvement District No. 4, and Corpus Christi Convention and Visitors Bureau. Terms shall be three (3) year staggered terms. ORIGINAL MEMBERS TERM APPTD. DATE J.J. Hart (Residential Property Owner) 3 -23 -15 3 -23 -10 *Gregory Smith (Commercial Property Owner) 3 -23 -13 3 -23 -10 *Paul Schexnailder (Developer) 3 -23 -13 3 -23 -10 *John A. White, Sr. (Padre Island Business Assoc.) 3 -23 -13 3 -23 -10 Gabriele Hilpold (Realtor),Chair 3 -23 -15 3 -23 -10 Charles Mader (Environmental Group) 3 -23 -15 3 -23 -10 *Jyoti R. Patel (At Large) 3 -23 -13 3 -23 -10 ** *John Trice (At Large) 3 -23 -13 3 -23 -10 Alex H. Harris (Construction Contractor) 3 -23 -15 11 -08 -11 William F_ Goldston (Professional Engineer) 3 -23 -15 3 -20 -12 Jodi R. Steen (At Large) 3 -23 -15 9 -25 -12 *Ralph E. Tapscott (At Large) 3 -23 -13 9 -25 -12 *Stan Hulse (Padre Isles Prop. Owners Assoc.) 3 -23 -13 9 -25 -12 Wes Pierson, ACM, Business Support Svcs. Ex- Officio, Non - Voting Director, Economic Development Ex- Officio, Non - Voting Keith Arnold, CC Conv. & Visitors Bureau Ex- Officio, Non - Voting Jay Gardner, Watershore and Beach Advisory Cmtee. Ex- Officio, Non - Voting Leizend: *Seeking reappointment "Resigned/ Moved out of City (The Island Strategic Action Committee is recommending the reappointments of Gregory Smith (Commercial Property Owner), Paul Schexnailder (Developer), John White (Padre Island Business Assn), Stan Hulse (Padre Isles Property Owners Assn), Jyoti Patel (At Large), and Ralph Tapscott (At Large). They are also recommending the new appointment of Rich Sowash (At Large)). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT OTHER INDIVIDUALS EXPRESSING INTEREST: Dotson G. Lewis, Jr. Adjunct Professor, Del Mar College. Received a BS and MS from University of Texas at El Paso. U.S. Army (RE Activities include: Senior education computer program volunteer, Instructor and Volunteer ManagpM nt Information System (VMIS) Data Manager, AARP Driver Safety Program volunteer, active high school sports official, conducts officiating clinics and seminars. (At Large) (02115113) (Recently resigned from Leadership Committee for Senior Services) Gary McCoig Environmental Biologist, HDR Engineering, Inc. Received a BS in Biology, and an MS in Wildlife Biology. Activities include: member of the Surfriders -- Coastal Bend Chapter. (At Large) (8/09/12) Monica Rawlings Self- Employed Professional Landman in the Oil & Gas Industry. Holds a Bachelor of Arts degree from Texas A &M University - Corpus Christi. Activities include: worked with City Park & Rec. Dept. in project to save Winrock Park in the Club Estates subdivision, current Chair of the 2012 St. James Episcopal School Halloween Carnival, member Friends of St. James (PTA)_ (At Large) (08/27/12) Rick Sowash Real Estate Appraiser, Tasador, Inc. Received BS in Business from Indiana University at Bloomington. Activities include: Designated Member Appraisal Institute - SRA. (At Large) (513111) NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Gregory Smith (Comm. Prop. Owner) 12 10 83% Paul Schexnailder (Developer) 12 11 92% John White (Padre Is. Bus. Assn.) 12 12 100% Stan Hulse (Padre Is. Prop. Own.. Assn) 3 5 100% Jyoti Patel (At Large) 12 8 67% Ralph Tapscott (At Large j 5 5 100% OTHER INDIVIDUALS EXPRESSING INTEREST: Dotson G. Lewis, Jr. Adjunct Professor, Del Mar College. Received a BS and MS from University of Texas at El Paso. U.S. Army (RE Activities include: Senior education computer program volunteer, Instructor and Volunteer ManagpM nt Information System (VMIS) Data Manager, AARP Driver Safety Program volunteer, active high school sports official, conducts officiating clinics and seminars. (At Large) (02115113) (Recently resigned from Leadership Committee for Senior Services) Gary McCoig Environmental Biologist, HDR Engineering, Inc. Received a BS in Biology, and an MS in Wildlife Biology. Activities include: member of the Surfriders -- Coastal Bend Chapter. (At Large) (8/09/12) Monica Rawlings Self- Employed Professional Landman in the Oil & Gas Industry. Holds a Bachelor of Arts degree from Texas A &M University - Corpus Christi. Activities include: worked with City Park & Rec. Dept. in project to save Winrock Park in the Club Estates subdivision, current Chair of the 2012 St. James Episcopal School Halloween Carnival, member Friends of St. James (PTA)_ (At Large) (08/27/12) Rick Sowash Real Estate Appraiser, Tasador, Inc. Received BS in Business from Indiana University at Bloomington. Activities include: Designated Member Appraisal Institute - SRA. (At Large) (513111) Mary Lou White Sales Associate/Realtor, Coldwell Banker Island, Realtors. Activities include: Corpus Christi Assn. of Realtors, Builders Association of Corpus Christi, Padre Island Business Association. (At Large) (3113112) William E. Yeager Federal Law Enforcement Officer and Air Interdiction Agent, United States Department of Homeland Security and Customs and Border Protection. Retired, United States Navy Commander. Activities include: Boy Scouts. (At Large) (6117/11) Mark Young., Manager, Nueces County Water Control and Improvement District No. 4. Supplier of water and wastewat :r services for Mustang Island including area in Corpus Christi city limits. (At Large) (10/31/11) C. LANDMARK COMMISSION — Four (4) vacancies with terms to 11-20-15 representing the following categories: 1 — Title Search/Property Surveyor, I — ReaI Estate, 1 — Historian, and 1— Architect. DUTIES: To promote the use of historical and cultural landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors to the City. COMPOSITION: Fifteen (15) members nominated by individual City Council Members and appointed by a majority vote of the Council. Insofar as possible, the numerical composition shall correspond to the ethnic, gender, and economic distribution of the City according to the last Federal Census report. All members shall have knowledge and experience in either the architectural, archaeological, cultural, social, economic, ethnic or political history of Corpus Christi. Representation of the following competencies - shall be appointed as members to the commission: Two (2) historians, two (2) licensed real estate salespersons, two (2) registered architects, one (1) structural or civil engineer, two (2) history teachers, one (1) person knowledgeable in title search and/or property surveyor and five (5) other members. No one profession will constitute a majority of the membership. rol 1 '.1 MEMBERS .% I TERM APPTD. DATE *Sean Thorson .(Title Search) 11 -20 -12 4-10 -12 *Laura Commons Real Estate) 11 -20 -12 12 -15 -09 *Dr. Mark Robbins (Historian) 11 -20 -12 12 -15 -09 Karen Howden (Historian) 11 -20 -14 11 -09 -10 Anthony Gavlik (Regular Member) 11 -20 -13 11 -09 -10 Margareta Fratila (Regular Member) 11 -20 -13 2 -14 -12 John M. Olson (Architect) 11 -20 -13 11 -09 -10 Christina Crouse (History Teacher) 11 -20 -14 10 -20 -11 Kim Charba (Regular Member) 11 -20 -13 7 -07 -09 Dr. James E. Klein (History Teacher), Chair 11 -20 -14 11 -11 -08 Dennis L. Miller, P.E.,CFM (Engineer) 11 -20 -14 6 -12 -12 Leo Rios (Real Estate' ) 11 -20 -14 2 -19 -08 Armando Mendez (Regular Member) 11 -20 -13 .2-14-12 Marie Guajardo (Regular Member) 11 -20 -14 3-11-08 * * ** *Herb Morrison (Architect) 11 -20 -12 3 -02 -04 Le,end: *Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences * * ** *Has met six -year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Sean Thorson (Title Search) 4 3 75% Laura Commons (Real Estate) 7 4(3 exc.) 57% Dr. Mark Robbins (Historian) 7 7 100% OTHER INDIVIDUALS EXPRESSING INTEREST: Scott M. Harris Antonio Yllas Professional Engineer, HDR Engineering, Inc. Received a B.S. in Civil Engineering from Prairie View A &M University. Currently pursuing an M.A. in Strategic Studies from the Naval War College. He is a 23 -year veteran in our armed forces, completing numerous humanitarian construction projects, and served in Operations Iraqi Freedom and USSOUTHCOM. He remains in the Navy Reserves as a Lt. Commander. Activities and interests include: Scout leader at Nature Conservancy and Blucher Park, history, heritage, South Texas Council of Boy Scouts, Texas State Aquarium, Museum of Science and History, Art Museum of South Texas, Society of American Military Engineers and American Society of Civil Engineers. (Mperty Surveyor) (10/31/12) Special Agent. U.S. Dept. of Homeland Security. Received B.A. in History, Central Connecticut State Univ., and current Ph.D. Student in History, Centro de Estudios Avanzados de Puerto Rico y el, Caribe, San Juan, Puerto Rico. Activities include: Texas Ai°my 'National Guard, Christian Reformed Church in North America, ministry associate. Veteran of Operation Enduring Freedom. (Historian) (02127113) (Resigned from Commission on Children and Youth) Ernest Bert Rucker, Jr. Architect/Owner, Rucker & Rucker, Inc. Received his B Arch from Oklahoma State University. USN - Retired LCDR. Activities include: Was the Architect for restoration of the Gugenheim House in Heritage Park, Officer In Charge - Seabee Reserve, built stages for Bayfest. (Registered Architect) (11/19/12) Huxley Smith Architect/Principal, Self - Employed. Received Bachelor of Architecture. Activities include: Nueces Master Gardeners and Rose Society, Garden Council, and volunteers time for many charitable activities with schools. (Registered Architect) (11/14/12) (Willing to resign from Park & Recreation Advisory Committee if appointed) Albert R. Soto Architect/Partner, LaMarr Womack & Associates, LP. Received a Bachelor of Environmental Design from Texas A &M University, College Station. Current Texas Registered Architect, Registered Interior Designer. Activities include: Texas Society of Architects, American Institute of Architects — 2010 Corpus Christi Chapter President. (Registered Architect) (11/2.112) Matt Teifke, Jr. Realtor, Garron Dean & Associates Realtors. Currently P year student at Texas A &M University — Corpus Christi, with History major, Social Work minor. Activities include: Big Brothers /Big Sisters of South Texas. (Real Estate/Title Search) (4127112) d. LEADERSHIP COMMITTEE FOR SENIOR SERVICES — Nine (9) vacancies with terms to 2 -01 -14 and 2 -01 -15 representing the following categories: 1 — Senior center participant, 2 — Direct service agencies, and 6 — Community representatives. DUTIES: To assist the Senior Community Services division staff in the development of comprehensive senior citizens program plans; to advise the SCS division staff of the needs for services according to locally conceived priorities; to review and evaluate SCS operations; to increase recognition of volunteers and public awareness of the division by coordinating and planning special events; and to coordinate and plan fund raising activities to benefit SCS division goals. COMPOSITION: Fifteen (15) members representing the following categories: -2 - Senior center participants, 3 - .Direct service agencies, and 10- Community representatives. Initially, eight (8) members shall be appointed for a term of one -year and seven (7) members_ shall be appointed to two -year terms. Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences * * ** *Has met six -year service limitation (The Leadership Committee for Senior Services is recommending the reappointments of Willie Hardeman (Community Rep.), Henry Savoy (Community Rep.), Breanna Rye (Agency) and Billy Ray Sayles (Agency). In addition, they are recommending the new appointments of Maria Elena Flores, Jose Mario Gomez, Robert Irwin and Suzanne Beltz for Community Reps., and Lewis Hardeman for Senior Center participant.) ORIGINAL MEMBERS TERM APPTD. DATE *Breanna Rye (Agency) 2 -01 -13 2 -14 -12 *Henry Edward Savoy (Community) 2 -01 -13 2 -08 -11 Ida AIvarado Hobbs (Agency) 2 -01 -14 7 -06 -10 * *Patricia Byrd (Senior Ctr.) 2 -01 -13 7 -21 -09 ]Esperarza "Hope" Lopez (Senior Ctr.) 2 -01 -14 2 -23 -10 Vicki N. Garza (Community) 2 -01 -14 8 -26 -08 *Willie R. Hardeman, Sr. (Community), 2 -01 -13 7 -26 -11 * *Margaret Hawkins (Community) 2 -01 -13 8 -14 -12 ** *Anne F. Lee (Community) 2- 01 -14. 8 -14 -12 * *Dotson G. Lewis, Jr. (Community) 2 -01 -13 4 -08 -08 Cindi Mutchler (Community) 2 -01 -14 2 -14 -12 ** *Jose R. Villanueva (Community) 2 -01 -13 2 -08 -11 *Billy Ray Sayles (Agency) 2 -01 -13 7 -06 -10 Kenneth Mutchler (Community) 2 -01 -14 2 -14 -12 Adelfa M. Martinez (Community) 2 -01 -14 2 -24 -09 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences * * ** *Has met six -year service limitation (The Leadership Committee for Senior Services is recommending the reappointments of Willie Hardeman (Community Rep.), Henry Savoy (Community Rep.), Breanna Rye (Agency) and Billy Ray Sayles (Agency). In addition, they are recommending the new appointments of Maria Elena Flores, Jose Mario Gomez, Robert Irwin and Suzanne Beltz for Community Reps., and Lewis Hardeman for Senior Center participant.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Willie Hardeman (Community) 10 Breanna Rye (Agency) 7 Henry Savoy (Community) 10 Billy Ray Sayles (Agency) 10 NO. % OF ATTENDANCE PRESENT LAST TERM YEAR 7 70% 4 57% 7(1 -exc.) 70% 9 90% OTHER INDIVIDUALS EXPRESSING INTEREST: Maria "Elena" Flores Pending graduation from Del Mar College in 2013 studying for an..Associates of Arts in Human Services. Activities include: Human Service Club, Harvest Moon Ball volunteer which promotes and sustains health and wellness programs (including Meals on Wheels) for senior citizens. (Community rep.) (10130112) Suzanne K. Beltz Associate Professor of Nursing, Texas A &M University- Corpus Christi.. Clinical nurse specialist certified in gerontological nursing from The University of Texas at Austin. Activities. include: conducted research project with Corpus Christi Senior Centers to develop a tool to measure client - centered care, is involved in promoting healthy aging, researching the feasibility of a healthy aging center in Corpus Christi to study and promote quality of life for South Texas citizens, age 65 and over. (Community rep.) (02112113) Laurel A. Garza Sales Representative, Humana Healthcare (Market Point). Attended Del Mar College. Has over thirteen years experience working with senior citizens. (Community rep.) (01/16/13) Jose Mario Gomez, Ph.D. Clinical Director, Beacon of Hope Foster Care Agency. Received a BS in Criminal Justice from UT- Brownsville, an MS in Psychology from TAMU -K, and a Ph.D. in Counseling Education from TAMU -CC. Currently licensed professional counselor. Activities .include: Foster Youth Life Investment Partners, Hispanic Chamber of Commerce, and advisory committee member at St. Patrick Catholic School. (Community rep.) (11130172) Lewis W. Hardeman Retired. Former aircraft mechanic and construction worker. Activities include: Oveal Williams Senior Center volunteer, Retired and Senior Volunteer Program volunteer, Harbor Bridge Project. (Senior Center Participant) (2/6/13) Robert Irwin Retired. Activities include: Lindale Senior Center food bank committee. Preparing to run for a Lindale SC Site Council position. Formerly helped coordinate services for Seniors for the Elderbridge Area Agency on Aging, Elderbridge, Iowa. Member of Mid American Conference on Aging. Former member of pre 1990 Census planning for upper Midwest region. (Community rep) (217113) Monica Rawlings Self- Employed Professional Landman in the Oil & Gas Industry. Holds a Bachelor of Arts degree from Texas A &M University - Corpus Christi. Activities include: worked with City, Park & Rec. Dept: in project to save Winrock Park in the Club Estates subdivision, chair - 2012 St. Tames Episcopal School Halloween Carnival, member Friends of St. James (PTA). (Community rep.) (08127112) e. TRANSPORTATION ADVISORY COMMITTEE — Three (3) vacancies with terms to 4 -30 -14 and 4- 30 -16. DUTIES: To be responsible for public advisory jurisdiction and citizen traffic safety investigation, traffic accident, injury and damage prevention in the City; developing and implementing coordinated traffic safety programs which meet local needs; acting in an advisory capacity to the City Council and the City Manager in the coordination of traffic safety activities of the official agencies and departments of the City; promoting public acceptance of official programs proposed or initiated by the City; fostering public knowledge and support of traffic law enforcement and traffic safety problems; cooperating with public and private school systems in promoting traffic safety training aids in the schools; promoting the education of the public in traffic safety and, generally assisting in the overall reduction of traffic deaths, injuries, damage, and accidents on the City's streets. COMPOSITION: Nine (9) members appointed by the City Council for three -year terms to provide advice on transportation and traffic safety matters. One member has traditionally been the incumbent security officer at the Naval Air Station, however, the Committee voted to change this to an At Large position. Elects Chairman and Vice - Chairman annually. ORIGINAL MEMBERS TERM APPTD. DATE * *Chase Carlisle 4 -30 -13 4 -13 -10 Gretchen Arnold 4 -30 -15 5 -08 -12 Edd Price, Interim Chair 4 -30 -14 5 -26 -09 Robert G. Jacobi 4 -30 -13 4 -13 -10 ** *Joseph M. Dudek 4 -30 -13 1 -10 -12 ** *Curtis A. Rock 4 -30 -14 5 -30 -06 Sheila Cudd 4 -30 -15 2 -10 -09 Carl Weckenmann 4 -30 -15 5 -08 -12 Eric Villarreal 4 -30 -14 5 -08 -12 Legend: *Seeking reappointment "Not seeking reappointment ** *Resigned * * * *Exceeded number of absences * * ** *Has met six -year service limitation (The Transportation Advisory Committee is recommending the new appointments of Scott Harris and Bryan Hall.) INDIVIDUALS EXPRESSING INTEREST: John Garcia Director of Sales and Marketing, Comfort Suites. Worked in the tourism/hospitality industries for over 15 years. Former CVB Destination Manager — sports and Mexico market. Activities include: Corpus Christi Chamber of Commerce, Corpus Christi Hispanic Chamber of Commerce, Hospitality Sales Marketing Assoc., and volunteers with Harbor Lights Festival. (03111113) Bryan G. Hall Showroom Manager, Janet Maxwell Business Interiors of Texas. Received a Bachelors of Business Administration with a focus on Management from Texas A &M University- Corpus Christi. Activities include: Delta Sigrna Pi Fraternity, and volunteers at community events. (7120112) Scott M. Harris Professional Engineer, HDR Engineering, Inc. Received a B.S. in Civil Engineering from Prairie View A &M University. Currently pursuing an M.A. in Strategic Studies from the Naval War College. He is a 23 -year veteran in our armed forces, completing numerous humanitarian construction projects, and served in Operations Iraqi Freedom and USSOUTHCOM. He remains in the Navy Reserves as a Lieutenant Commander and Civil Engineer Corp Officer and serves as the Operations Officers for a Navy Mobile Construction Battalion. Activities and interests include: Scout leader at Nature Conservancy and Blucher Park, history, heritage, geography, reading, South Texas Council of Boy Scouts, Texas State Aquarium, Museum of Science and History, Art Museum of South Texas, Society of American Military Engineers and American Society of Civil Engineers. (10/31/12) Mark Mathias Self- employed/Owner. Currently attending Del Mar College towards Associates of Science in Physics. Served six years in U.S. Navy as Machinist Mate (nuclear). Educated at Naval Nuclear Power Training Command, Charleston, SC, and Nuclear Power Training Unit, Ballston Spa, NY. Activities include: member of Science, Engineering & Mathematics Majors Organization, Treasurer of Environmental Awareness Organization. (03/11/13) 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 mikeb@cctexas.com (361) 826 -3169 Gus Gonzalez, Director of Water Operations q u stavogo(&,cctexas. com (361) 826 -1874 C —_ 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 Polydyne Inc. Lithia, FL. Riceboro, GA. Hydrofluorosilicic Acid Liquid Cationic Polymer $140,182.00 $382,320.00 Grand Total $522,502.00 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. ►_lffa0 =1v ►Fcritl►T Lei I • :1001 ► 2 applicable. Not CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY 1 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 1 Expended Amount $1,529,090.29 $0 $1,529,090.29 This item $261,251.00 $261,251.00 $522,502.00 BALANCE $2,469,712.93 $2,469,712.93 runaks): wafer runa 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. Staff recommends approval of the motion as presented. LIST OF S!IPPORTING DOCUMENTS,- Bid Tabulation M � a o _u o � o W 2 CO (> 0 z Lu. o 0 a aLU D f m j aLLJ n n a m m � M ri O N W to 2 N v~s z ac 0 .� L _ 0 5 F LL D I W O z O V 4n m J tL.a��, U 0 Z � Z u a Lu 0 N 0 �C H 0 m 0 � Q I CO O F z O O ~ 0 lzj. Z D N O � C : p dL iLL. c-I 0 O Z r_ D to 7• a a � Q a cr O a z O CO O M O o a a O J � X ~ 0 lzj. 1.. co O � C : p dL iLL. 0 O Z r_ D to ~ W O Z to a D t!} 7• a a � Q a cr J a o a z O CO O M O o a a c � O_ J Q CO Z w O d a ,� m 0 in z v J O O � � H LA Z Z 0 0 � H H N cr N M m J Q U — E V y p o a W O •� _ V o O ++ � V T 2 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 mikeb@cctexas.com 361 - 826 -3169 Jim Davis, Director of General Services iimdCc�cctexas.com 361 - 826 -1909 Robert Rocha, Fire Chief rrochaCa7cctexas.com 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 INON- EMERGENCY: Non - Emergency. DEPARTMENTAL CLEARANCES: 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 Itern- 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 GVVVR thru 19,000 GVWR (Utility Trucks, Vans and Small Dump Trucks) Zone 1 101 Tow 100.00 Zone 2 4 Tow X00.00 Zone 3 22 Tow 110.00 Additional Services Jump Starts - Group I Zone 1 2 Each 50.00 Zone 2 3 Each 50.00 Zone 3 2 Each 50.00 Police Flats - Group I Zone 1 315 Each 55.00 Zone 2 10 Each 55.00 Zone 3 35 Each 55.00 Mud Pulls - Group I Category 1 6 Each 100.00 Category 2 I 3 Each 125.00 Total 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 10,100.00 400.00 2,420.00 100.00 150.00 100.00 17,325.00 550.00 1,925.00 600.00 375.00 $93,852.50 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 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 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 CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Clark Pipeline Services, LLC of Taft, Texas in the amount of $79,576.45 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. KaENGINEERING DATAEXCHANGEILYNDAILEGISTAR4FY 1342 -FEB 260ORE AND CAMMEMO - BORE AND CASE.DDCX 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 Line Item Budget Jhabores Construction Company, Inc. $95'959'50 Corpus Christi, Texas $6,475,000.00 Barcom Construction, Inc. $229,571.68 Corpus Christi, Texas $0.00 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 1 NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Water Operations Department FINANCIAL IMPACT: CIP Fiscal Year 2012 -2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget $108,500.00 $1,366,500.00 $5,000,000.00 $6,475,000.00 Encumbered 1 Expended Amount $108,500.00 $0.00 $108,500.00 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 1 ullu`.7). YYCA U1 %.+!r ItUV KAENGINEERING DATAEXCHANGEILYNDAILEGISTARFY 1312 -FEB 26XBORE AND CASEWEMO -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:IENGINEERING DATAEXCHANGESLYNDA4LFGISTAMFY 1312 -FEB 2MBORE AND CASEWEMO -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 .................................................................... ............................... $6,475,000.00 FUNDS REQUIRED: Construction (Clark Pipeline Services, LLC.) Base Bid ........... ............................... $79,575.45 Contingencies(10 %) .................... ............................. .........................._...1 7,957.55 Consultant Fees: Consultant Design (CH2M Hill) * ....................................... ............................... 213,053.00 Construction Materials Testing (Rock Engineering & Testing Laboratory) .................. 1,591.51 Reimbursements: Contract Administration (Contract Preparation / Award/ Admin) .. ............................... 2,188.32 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) ...... ............................... 2,785.14 Construction Observation Services .................................... ............................... 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. BORE AND CASE A 16 -INCH WATER ADJUSTMENT CITY COUNCIL EXHIBIT UNDER THE EAST BOUND ON -RAMP FOR CITY OF CORPUS CHRISTI, rEXAs IH 37 AT CARBON PLANT ROAD AND IH 37 DEPARTMENT OF ENCINEERINC SERYl S PAGE: 1 of 1 DATE: February 13, 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: 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 authorize the services required to capture Operating Department and affected stakeholders input to the content of future revised City Standard Specifications used in City construction contracts. BACKGROUND AND FINDINGS: 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 i U1 kzV. -.Ir r r LV IL -LV 13 kffVVH Ea, VVVV ZJ & JVV LJ) 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 1 Expended Amount $0.00 $0.00 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 i U1 kzV. -.Ir r r LV IL -LV 13 kffVVH Ea, VVVV ZJ & JVV LJ) 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 G.2O13 FUNDS AVAILABLE: Water2O12C|P ................................................ .................................................... $ 33.077.27 Wastewater2U12C1P ......... —....................................................... ...... ............... 33.077.27 Storm Water 2O12QP ^ ----��----------.---------------' �8.O77�R TOTAL............................................................ .................................... ............... 88,231.80 ' FUNDS REQUIRED: Consultant Fees: ConoukmntDaaign(Noismkh) — .----------.---------------- 92,740.00 Contract Administration (Contract nin)--------------. 2.088.65 Engineering Services (Project MgtfConotruction| N1gU---------' 5.245.90 Finance ' i.159�S TOTAL ___.__._____~___.__.__.___.--__.--------'--.-. $99.231.80 ESTIMATED PROJECT BALANCE �� x AMENDMENT NQ.:l TO SMALL AlE AGREEMENT FOR ARC141TECTIENG,INEENIJNG CONstiLTANT- ,SERVECFS Texas, hereiiaaffer called auLTANT ", aRree to the. to C?ri irtalSrnaft A/[= A `regiment A > ast 2fi 210 A�frriinistrxttve rdraf $9;15fJ:t]( 1;: !]I GtiA TIC ±fS: nG17 ! "`desires ton g "Q N'SllLTLANT" ti provide ser►rrces �r rtrie an mth City's projeof, de ribeo 'as folle v+rs CJTi STANDARD. SPECIFICATIONS - ,EVIEW (Pra ect No. E 0'115) ( "PROJEGT"). restated fee nottc exre . 4. INDEMNIFICATION AND HULA HARMLESS. The Consu bant agrees to `indem fy, save harmless and defend t>• Cty,crf Carus.Chiisti, and its':agerts; servants and employees as more full sef forth in Exhibit VTY, , OF CURPUS CHRISTI Oscar R. M rt itez gate Assistant City Manager 'RECOMMENDED _- _ Z// � a Daniel Wles, P:£. - 3— ---- -- Director, of egin'eering Services KS ngmt n!,)=EKbar� wM0I l iru,G' LI:A3�k S' i b i iI1`.571Vti}FtttiO ", CIEtCr T3DN"u.R ':*lt �'itkGEiVDR ITMAF OLGRUMENT 4MEN64NT Na tow APPROVED Aa "iC FORM Office of Management and Pudget (D4te) ATTEST Armandb= Chapa; City'Secretary. [ artment Fond Source No: Amp0nt Water 2012 C(pr Rev. Bonds: WasteWAter 2012 CIF =Rev. "Bards 550960-424"0,0004E1. 011 5" 30 ,913;33 Water 201:2 CIP -Rev Bonds 550950 - 34943 Q00,nE 01'15 0,91 3Storm T t t $92,7400 ; E.Oa ro rarice umber; _ KtiEnsrw ElatbEoeh �eaAllGl.E7,S�NfFSGEUAN CfUSt�Yatl6bt?..STARDARpSP GIFIGIt?tC1?iS:RBI!I�YVsAGEN Fr1TEtvT EAGR EN CfT k11� NDR tCT�in_ 1ve sN d d d ub mx ca LL 6� 7 S c to Q' CL a 1 .0 ? x 7 m �O L CL m M CL O 0 ry m y LL CL V1 ,E to F d 7 H O u d M S p vl O a O O O O O O O o O o O O O O O O cl to b o O O O O Q E S Ln W4 cn Oak L't VAN C, n °o, b o CD ss 0 ry w iA OF b CIL rE K H AM A6 rl N N V► N N OF N m n a► o g �: 3 q n t7 � aO1q � V4 1 +h � 4& � on► Vq O Lq t9 4 O O O O O O O O G N O N O O O C? 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W N fr1 Q an N M 3 m MEND. NO.9 EXHIBIT "A" Page 1 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 a 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 E D. N0.1 SIT "A" 2of2 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. 30 -DSy 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 INSURANCE COVERAGE 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 shah cover all employees, officers, directors and agents 1. Errors and Omissions COMPENSATION EMPLOYERS' LIABILITY J:Wngi ew" Fam U ARGE AE EXHOT B.DWX $1,000,000 per claim 1 $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 Which Complies with the Texas Compensation Act 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: 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. 4NEMMMM FwmalE R ZGE AE EXHIBIT a (XX ( AMEND. :N10. 1 EXHIBIT B" Pa e23 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 Consultants 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 d.%En9mw" FamsW+RGE AF EM18IT B.DCGX LU Q O Wa�-Nw r OW p❑ ce G. Z Z Lmi �- O i c a IL O V m m a E _ m a y H c � m O tl � G � C CL 7 U O' E � a C i H C V N D Z E r c Z t F a c C c c.i o9 I~ -.9 I- �G o O C -.1-3 LC) c C -op- 0 \ O \ 0 -OR C -OR (3 c Q -.P- U) -.P- O c M o0 Q O 0 o a oCr o o o o o❑ o o a ao a s •E cha o V o o a a LL. eA C) Ln CL a u) m U O 00 W- U CD c a Ur) CM a u') ¢ Y Z 1 C14 � E W CD o 2 D o E a° . 'Sv ups i° c m ai °6 U� 3 a o a a � [, o QOa°° ua to cm ¢ F- 00C)0❑❑C> 0oQ a m m o Lr) Lr) sn L E3 6rf1 - V- qr- 0/3 0 0 0 0 Op O O O O ❑ ❑� a i0 �n gar) Y t- ec o to o t- 00 a v p p w ,� eel W r r to o � Cl) 0) m m M O of a) r cD T V O O c C i lh q V- N r � r N M in NO! co 64). 6W 48. 44! wl! O� 0 0 0 0 C) OEfi 0 0 0 0 000 O O ft � 0 v© a a Cl o� o a o o 0a o 0 m m� °r° 0- ° 0 � ° e rn � O O M iCDD O 2 rn r 00 r Y c o N F of �- [� 'C! LC) N r 01 N r � H} uJ d4 (f} Lo b4 [m Go 63 AMEND. NO.1 EXHIBIT "C" page 1 of N a m a � a cl m N (L � te1 a N a a s •E cha o V o o a a LL. eA a CL a m U O 00 W- U CD AMEND. NO.1 EXHIBIT "C" page 1 of N v o a a LL. eA a 0 U m C al c c a C j CM a ¢ ?-, Z 1 � E W CD o 2 D o E a° O 'Sv ups i° c m ai °6 U� 3 a o a a � [, w O co ua to cm ¢ F- AMEND. NO.1 EXHIBIT "C" page 1 of SUPTI.t�1��1i3Lit Ti7 �F :kG4&EP E3,Y'Ci'i'4 _: PURCHASING iy ;YNON, . CITY OF CORPUS, CHRISTI c ; ► DISCLOSURE F I TER T .- -..,�. - .'• i:_ i' _:��' s.'�i t:'!'.:F'.. .. - .7�,;1 . .;;.hx�.�esi�:+:II..,inrcrwn'a nr.f i:. ........ ...........I ..1.:... CERTINCA TI 3N A. -Board meths er." A mdihbei bf 4h, {ward, 'Cotitniissiofi,,6r reMt7iittee- appcinte€i lid flee City Council ofthe City oifCbrpus Christi, Tex'as,. 6. "Ecoriaxrtic bengfg". An action that Is likely to affect, an ecgnatt►tc: interest if is Irkeiy to have aweffect,'on that inte:rast:tltttt fi dtgting;ukhable from ;its efi`ect.on members.;a€ tha p€tblic` in gendml or a'substantial segment thereof: C. "tmployee. "' Any persoa employed by the City of 6rpus Christi, Texas either on a fizti'or part -titne basis, but not as aiI.A zdependent contractor.. d "Firm' Any entity operated Il ceotoittic gain, whether roi: ssional, industrial or eotxttttercial,,and whether establNll to produce or deal with a; product or servtec, rttcludinZ but: trot: limited too . entities tsperac d �n -tlte form of sttl.c prttpt iotorship, as self4tnplctye. d, person, putrienhip, corporation joint stock company. joint, venfure receivership nr trust, and'. mitics:wbich for purp"O =.t?i t An, i1 ary Rated as 11��3t'€}r1E.tfeg6hizations.: �Otical" The aytsr members aC the City Goupcil. City Manager, Deputy: City ;�iana9er, assistant City Managers.. Department aqd Divisicsrt Beads, acid Mutiscitial . otin judges of the ChY. of corpus - Christi `Texas. f "(' Wnership Interest.- Le al ter egtut W interest: r41tet11er actually gar cs rtsircact�t ^ely :field. in a firm, including when such interest is held throe' art agent, gust; estate , of holditt en €try. ''`Constrttetively held "'sefers [o ltollings ar`.cotttral cstaliltshed tftmugll vttittg.'trusts proxies? pr:speeial terms of veixture ar` partnei rshtp a reetttcrtts >" . "Consultant." Any person, or, fen..- such ;its engiilC�rs a.nd arcl ztects. liired by the City al . Corpus Christi fi r die purpostw .or;prgfessi6nitl.consultatioii =and reconur endation. DATE: 01/21/2013 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: 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 in September 2012 and included roadway illumination by separate contract. The Aquarius Street Lighting Improvements will include installing underground conduit, nine (9) aluminum breakaway street light poles along the Aquarius Street medians, including one aluminum pole on the Commodores Drive median and three additional street lights on existing wood poles. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: 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 1 Expended Amount - 1,430,700 - 1,430,700 This item 89,974.42 89,974.42 BALL_ANICE 0 1 100,525.58 1 100,525.58 tuna(sy 61 Ktt l UIF' rUNU (Unglnal transter from General Fund) Street C I P #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 Company No: STUB >> P.O. Box 2121 Contract No: Corpus Christi, TX 78403 Customer No: AND >> Date: Bill To: Amount Due: RETURN >> CITY OF CORPUS CHRISTI 1201 LEOPARD WITH >> CORPUS CHRISTI, TX 78401 Amount Remitted: PAYMENT >> Contract No: ... DWMS0000015882V ................................................... ----- ... ... ................... .. ... .-- Date: 11/30/2012 211 DWMS00000158827 10010641 11/30/2012 89,974.42 Customer No: 10010641 Purchase Order: -16003363 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 81 25OW 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 Contribution -In- Aid -Of- Construction Agreement For Electric Distribution Service CITY OF CORPUS CHRISTI Service: AQUARIUS 5T�AND COMMODORES ST Mailing: 1201 LEOPARD CORPUS CHRISTI, TX CORPUS CHRISTI, TX 78401 Contract #: DWMS00000158827 Work Request #: 46003363 Date: 11 /30/2012 You, CITY OF CORPUS CHRISTI (Customer) have requested AE? Texas Central Company (Company) to install /construct certain electric distribution facilities (hereinafter referred to as "Facilities ") as follows:INSTALL 9 ALUMINUM BREAKAWAY STREET LIGHT POLES WITH 6 DUAL 8' 25OW LIGHTS AND 3 SINGLE S' 250W LIGHTS PLUS 3 6' 25OW LIGHTS ON EXISTING WOOD POLES The cost for construction /installation of the requested Facilities will be in excess of what would normally be provided by Company at no additional cost to the Customer to initiate service. In accordance with the Company's approved Tariff, as filed with the Public Utilities Commission of Texas, the Customer agrees to pay Company a one -time, non - refundable, Contribution -in- Aid- Of- Construct_on (CIAC) in the amount of 89,974.42. The Customer understands that he /she receives no ownership or control of the Facilities by virtue of the payment of the CIAC. The Facilities installed by the Company will remain the property of the Company. The Company expressly retains the right to use said Facilities for any purpose which Company deems appropriate under good utility practices, including the distribution of electric service to other customers. Company agrees to INSTALL FACILITIES TO PREMISES IDENTIFIED AT AQUARIUS STREET AND COMMODORES DRIVE, and the Customer agrees to provide THE AID TO CONSTRUCTION AMOUNT SPECIFIED ABOVE and to be ready to take electric service on or before 11/30/2012. It is understood and agreed .that. the Company will not begin construction /installation of the Facilities until full payment of the CIAC has been received by the Company; therefore, Customer understands and agrees that he /she needs to make full payment of the CIAC in sufficient time to allow for the construction /installation to be completed by the In Service Date. The pricing of the CIAC quoted herein is based on the specifics of the Customer's request, including the Customer's stated In Service Date, and must be accepted by the Customer by executing and returning to the Company this Agreement by 2/2612013 to remain valid. Should Customer alter the request for facilities, or request a delay in (or is otherwise unable to take service by) the stated In Service Date, the Company reserves the right to update the pricing and require an additional CIAC payment tc reflect any increases in cost due to the alteration in requested facilities or the delay in taking service, or both. Nothing contained herein shall be construed as a waiver or relinquishment by Company of any right it has or may hereafter have to discontinue service for default in the payment of any bill owing or to become owing hereunder or fox any reason or cause allowed by law. By signing and returning this Agreement, Customer understands and accepts the above described terms and conditions_ Customer Company By By Signature: Signature: ll Title- Title: 14 aria ev- JS�tri�P�i itJ,� 1��1 Date: Date: 2, f CORPUS CHRIST` SI M ]0032789464002751 ' JOB NAME: CUSTOMER SERACE- C1- NEWSERVICE - AgWrfus ^,Sfrgat�STM' L6CAT1QN: A{ �UARItJS'ST'ANtI'C9MMC�QQRESST' CtiLNT^ NUECES DNISIUN:; OP : DISTRICT: -f57- CORPUS "CHRISTIWLrTHSIDE` CREWHQ:41737- UF$ANEA3TGON$T '..STkTiONr NO. 5059 - 'CIKCiJ1T: No. 84C554T0 UW1Rk: 460033639 Y,ddk: pCp _ Sl'AAQIRCUIT NAME; NORTH PADREISLAND'- JUPROPOSAL(S). EDNI00039 CRQ2Uf1d5 S107CBN VOLTAGE, 12;47 kV MAP dQRP(JSCHRWT.I Gs . R"-. - PHASES; ABC:.. ..: QUAD: COMMENTS: XXJOCiCX>USXX)F .. .... DATE' 10I4 "T12O 2; P:lilNilit 1`- _ _ SCAM. 1`= -1,(1(1,+. .. - DRAWNBY: 'P.WrD6ggan:(z385f) - PAGE; `6f2 F: o: y U y / U! 1 O _ qCL 4 U ~ ~ O all. . all °m m H v f XQw A X..rn Opt 0 + 06' "+."ya "Y Oho ,6` "f .x.: cry v1 0' l7 9 Elm. 2 PF.S. ORNE C�MMO.tlQ �.� W � ar•. �j e AJ;.Oy J`pa 1 RAM M iu 1.� Of NYli JfA �+ �rm`y � ^� b A:tl... ikFV M. F g e C} Q U U W r Zi �U .:1 6 � 4 w.- ` to fig�NaN: M. F g e C} Q U U W r Zi �U AGENDA MEMORANDUM Future Item for the City Council Meeting of February 26, 2013 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 1.0 Million Gallons Daily (MGD) Pumps CAPTION: 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. PURPOSE: 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 I NON-EMERGENCY: Non - Emergency DEPARTMENTALCLEARANCES: Water Department FINANCIAL IMPACT: ❑ Oneratina n RPvanup 171('.anitnl n Kin+ nnnlir•ohln 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 I 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 runuks). vvater uir 4Fo 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: WaterCIP............................................................................................. WaterOperating ................ .................................. ............................... Future Water CIP Request........ .... .......................... ............................... TOTAL. FUNDS ....................................................... ............................... FUNDS REQUIRED: Construction (Estimate for Base -Bid plus Add. Alt. # 1) ... ............................... Contingencies( 10%) ................................................ ............................... Consultant Fees: Consultant (Urban Engineering)* ... ........................... ............................... Materials Testing ( Estimate) ....... ............................... ...................... Reimbursements: Contract Administration (Contract Prepa ratio n/Award/Ad m in) ......................... Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt ) ............................. Finance ............................. I ......< ......... $1,500,000.00 $87,400.00 $300,000.00 $1,887,400.00 $1,055,494.00 105,549.00 216,470.00 23,811.00 42,466.50 66,059.00 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. V Originia[A/E reement Marc-h27,2.0:12 Motion M2012•065. ..$07,4W00 ITION. 1.,SCOPE OF SERVICES shall: Ise, .amended as specified, in the. attached EXHI1§1T , 7,z,�SEC Amendment ND. I Exhibit" EXHIBIT kW, SECTION 2; SCHEDULE shall be amended as specified in the attached &.Ameh. dment No, I Ekhibit "A", Schedule, EXHIBIT W, SECTION 3. FEES shall be:amended as spec fed in the attached' Amend ent No. -1 m Exhibit'W, SUmmary, of Feet,,, for a revised fee not10 exoaed $'129 O7aa0!ti One Hundred -TwentMin Thousand :Seventy- Dollars and ZeMSentsj, for a total restated fee not to ekddid $216:x!0.,0 . (two Hundred Wife en T housand,FDu r Hundred Sevenybollars and Zero Cents M L y invoic es shall. be submitted in dwordance with Ekhibit "B.".. All other terms and conditions of the March 27, 2012 contract between the. City and. Engineer will rem. ain In full force -and effect CITY OF CORPUS CHRISTI A0;PR6V'ED -AS TO FORM' ofrtte,ofManagement: . Date and Skidget ATTEST UR..BAN,. NGINEERING zvts RECUMMEtVDEA f Pshiel Biles,.P.E., Director of Engineering:Services 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 AIE to submit a Draft project manual to the City for review, AIE will meet with City staff to review comments on the draft project manual, AIE 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 AIE 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 1 of 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 spegifications. 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. 1 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. 7 EXHIBIT "A" Page 2 of 6 3. BID PHASE 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 AIE 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 0. 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. AMENDO.1 Pa 9 Proposed Schedule Staples Street Pumping Plant New 10MGD Pumps Project No. E12004 Day Date Acfivity 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 C' Review Wednesday August 21, 2013 Final Submittal Monday Au ust 26, 2013 Advertise for Bids ILUesday September 10, 2013 Pre -Bid Conference Se tember 25, 2013 Receive Bids nesda October 30, 2013 Contract Award rednesday nesda November 27, 2013 in Construction nesday 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- KAMEND1j.NO.1 T "A" 6of6 Original Contract Amendment No.1 Total Fee Pump Station Civil/Eleol Mech Southside Water Trans. Main Total Amend. No.1 Basic Services 1 Preliminary Phase $9,000.00 $6,390.00 $1,490.06 $7.880.00 $16,880.00 2 Design Phase 38 900.00 27 690.00 6,470.00 34160.00 73 060.00 3 Bid Phase 3,000.00 2130.00 500.00 2,630,00 5,630.00 4 Construction Phase 9.000.00 6,390.00 1,490.00 7,88U0 16,880.00 Subtotal Basic Services $59,900.00 $4Z600.00 $9,950.00 $52,550.00 $112,450.00 Additional Services 1 ToDoQmDhc Surve /Field Investi ati6n 11,440.OD 0.00 2.040.00 2040:00 13480.00 2 Construction ObserWWon Services 13 980.00 0.00 3,240.00 3,240.00 17 220.00 3 Warranty Phase 2.080.00 1 100.00 540.00 1,640.00 3,720.00 4 Engineering In ration and Control Services 0.00 61 500.00 0.00 61,500.00 61,500.00 5 Flow Meter/Pum Drive Assessment 04, 00 8100.00 0.00 8,100.0 8,100.00 Subtotal Additional Services $27 500.00 $70 700.00 $5.820.00 $76,520.00 $104,020.00 Total $87 400.00 $i 13 300.00 $15,770.00 $129,070.00 $216,470.00 3/27/2012 M2012-065 M2013- KAMEND1j.NO.1 T "A" 6of6 ... -6 oc je 42 W a C m S cis E �a� W a z v lxzozp° m 4. -. 0 t1 i! F- �p r � IL a O U iii IZ CL 0 V V O � H � a tl 0 m = a— .r 0 4c V �1 T9 c �- c C N 2 17 S C Z Ic E a C v 8 a O 0 C] LO 0 0 0 0 0 0 M 0 N 0 0 0 laR 0 0 0 0 e- r a a� M a r o M N' O t3 _� 0 0 O a o❑❑© m co a cCL E O 0 0 0 O O a to r Q a. LO 0 m d E, H F � -a ¢ o O . NO. I T "B" E OF1 si 64 0 0o O O 0 ors O O❑❑❑ p o o o o to to H H m `O er'- to). � aw�0o0 ©❑O coo �o 00oa HF H C, to). � r A Q O W A N N O O w 1- O N 0 r to m m m d~ ti N ti CA !- I� F- a C N© N N m m m N N N- H F H� r Gf} r ci X 0 0 0 0 ta a❑❑❑ O O N r m m N 17. O C N r N e- r r CR r r �} r Ef} � CV dl~ 0 0 0 0 a 0 00P 0 a a CDaa oon°OO °a mmP °o ao_°oo CV CV 16 N 64 l qN� U Z m � V � C N Z c Q _ O p c c p o 20 � 4(IL = a 0 C0 U) co � cis •Z d CD @@N d � a t3 _� Z Z t d) o tm m co a cCL E c U! o E N r Q a. m d D m U� c� m qN� U Z m � V � C N Z c Q _ O p c c p o 20 � 4(IL = a 0 C0 U) Fi m @@N L! t3 _� LL o m � N m U! E C/5 r Q o _p m c� m -a ¢ o . NO. I T "B" E OF1 5tlt'Pt.tE.ti.:�t� 4t tiER i+� tit; ASSiotlt:t5 — ruK.ct ASING DIVistON CITY of CORPUS RIUSTI C DISCLOSURE Off' IN`T`EREST City ofCorpus Christi Ordinance i71 t2, as amended, regOires roll persons car firms seek n to do hustaes ti+tth it e Ctt� to rovide the follo���n� °information. Every question >itust 6e answered. [ t EFqu.rs i n ts;i of =a e file; s ei> it1t " *N See reverse side for F'ilise R quCreri en�ts . Ce x ea-tions.and:definitions. COMPANT NA ME. Urban Engineering P. D; BOX STREET ADDRESS. 2725 S vantner :CMA. Comys Cbristti ZIP 75444. FIRM lS ;, 1. Corporation 2. Partnership 3: sote'Owner =t. Assocratiort- Ll S. Other, if additional spaco is necessary, please asa± the reverse side of this page or attach separate sheet. . t. State the nattnes of each `etnployee" of the City otCorpus 3C risti having It nWtiership interest" constitutinz 7% or :m6rc of the :oivnership in the above natn '`firm.' Name Job Title aitd City Qepartmen(Of`kno vtt:) ?: State the names of cacti "official" of the City of Corll*.Christt: having an -ownership interese' constituting 3 1/1n or more of the owner�hip itt the above: named '`f nn. "" i�lairte 'Fitle. 3, State the names of each "hoard membee' of the Cit4 of Corpus C[tristi having an "ow4tiership' irtter..est"constitutta 3% or more of the ownership 'iii the:above named "firm." hasne Board, Commission or Committee 4. State the nags of each employee or officer of a "ctinsultmit "' for the f it of Corpus Christi who worked on and matter related to the subject of this coat ct and Etas an "ownership interest" constituting 311/o or more of thevWnershin in the above natned "firtn." fi[a nc Consultant 7. .4� CERTIFICATION I certify that all inforrtialtoit provided, is true slid caret as of the date afthis state ms`nt that I have. nett know.Angly withheld dtscfostire of arty intion nation rr~quasW; and ittat stippletriestt, statetnents il,l..be promptl}� submitted to the City of CQr�stts Ch isti, Texas as`ehan es occur. Certifying Person. �X w �± �;,=.�.1 ��4� - � .. Title: ('rype.ur l'rent} Signature of Certifving Date: 4:4:2R L3 DEFT NITWINS a. "Board member. " A member of any board, commission, or, committee anpoiii tcd by the City, Couticif.of the C4 of Corpus Christi; "Texas. b. "EGonomic benefit'`. An action that is likely to affect an economic interest if it is lik- eily"to . have an effect on that interest dia.t is. distinguishable from its effect on members of the public iweeneral or.a substantial segrn -crit thereof. ti.. ` :Employee,'" Any person employed 6y the City ofCorpus Christi. Texas ei (her on a :futl: or part -time basis, but not as an, independent contractor.. dl Firm:' Any entity operated for econothic, ,gain, whether Professional, industrial or commercial, and whether establishes to produce or ;feel with a p oduct or service, including but. not tirnitod to, entities operated in the forth of sofe proprietership, as self em- ployed perso partgershtp .corporation, joint stock compzny. joint venture; receivership or trust, and ettt'eties �Rhich; for purposes of taxation are treated as EiGn-pruiit organizations. e, " OfficiaP' The Mayor, nmen'ibers of the City. Counett, City �fasta�er Deputy tit; Manager Assistant City Managers, Department and MOM:,on Heads :aizd f4funicipal Court Judges of the City of Corpus Christi, Texas. r -ownership Interest: , Legal or .e unable interest. whethor'=ltually or constructively held, in a ,fine, including when ;such interest is held through an amt, truss, estate, or holding entity. '"Constmetively field" refers to hotdin1p or control established through voting, trusts, pro ies, or specraf ter ills of venture or partnership agreements g. "Consultant." Any person or firm, such hired by the City of i Coitus Christi for rile purpose ofprofiessional csrresiihation and r0coriamendatiorr_: Staples Street Pumping Plant CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS New 10 MGD Pumps DEPARTMENT OF ENGINEERING SERVICES PAGE. 1 of 9 -N cd Polo Q Iwo O Cn � Z ter co in Q.� oC U W .o � o V � O � co in Q.� oC U W c� bA ct �o v� y v Z R :3 r L `V w k w ro T aql� a- � o � r � V ^Vt W r� V L U • �7 0 a co ri r-I C� 1 � � +J cu Q •.r y � o a a� r o U b O A � � o o U 0� O b U U r4c3�d I m t U c u O ------ C) C) C) o C) c) 1 c) C:) C:) I C> 0 0 6� ql a C) (D ic), lo -T! cr) 10 I Lo (3) C? C) C) O. qr Lo t, Li.) CD C) ri Lo U-) co 04 clii Lo I T- LC, i CD oo: 00 If)' 0. C. oc�i (4� 00 C). Lr) � � ( � � � � � � � �: CN � : )i � ( ;� �� -' � )� :j C14 cn : 2 } ) j j . / § C4 } \ ' j ) cm uj w � / � \ \ � � � \ Z� \} \. }� )� :� � :� �� )� ( � } � ��� , —j 01 's in a) n j ( } ' � � : �� & — LLI P: i CD Li a) f d) _E; E� . \ �� 2� � In LU Co LU Lul U) \ \ \ a LU C:)! }e/ \ �) J $ Z U) D �S D� M W; a) a) UL� miz :Dl mi a S-0 Lu I U- a) I E 0 0 LU Cl� LL yj o. I V. :31 'r Lu C) 01 -J, D t n L-: L-1 <1 In 0 ID F-j:z \E .�;�.: 2 o o i m E. I . J�- 1 LL-1 0 f)f I C) 1 Lu CL ■ IZI- DATE: January 25, 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: 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 Arch itect/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. Laguna Coym, Rehmet & Gutierrez Engineering, L.P. 6. Whitecap 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 I NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: ODeratina n Revenue m '.anital anniirnhia ruiiukz)). vYd7lCVVdIC1 Lir %Fo 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 I 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 1 $4,462,176.00 ruiiukz)). vYd7lCVVdIC1 Lir %Fo 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 I 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 Mproject \ councilexhibits \ exhE 12161. d wg N s RIVER . FA G24 1p O a � � R!�'R R� � a � v ? N 37 FORAR AGN Hwy 44 ANES a gc CORPUS Cj fT S T1 B.Al I � J o CCIA BEAR S T, ti O no'�sr a O he h� r �o � B1Ci FM 2444 CITY WIDE PROGRAM s s 5 WHITECAP �O ys 9ULF OF Qp° ti AEXTCO Q� LOCATION MAP NOT TO SCALE PROJECT #E12161 City -Wide Collection System Replacement CITY COUNCIL EXHIBIT and Rehabilitation Indefinite Delivery CITY OF CORPUS CHRISTI, TEXAS r1T. F11 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, (ArchitectlEngineer — AIE), hereby agree as follows: 1. SCOPE OF PROJECT Citlt:Wide Collection System Replacement and Rehabilitation Indefinite Deliverylindefinite Quantity Proaram [lProaect_ 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 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) AIE's as follows: WASTEWATER SERVICE BASINS ENGINEER RESPONSIBLE FOR PREPARING DELIVERY ORDERS 1. ALLISON URBAN ENGINEERING 2. BROADWAY & GREENWOOD LNV, INC. 4. OSO 5. LAGUNA COYM, REHMET & GUTIERREZ 6. WHITECAP 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services neeessaFy to described in Exhibit "A" and "A-111. In addition, AIE 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 Contract for Engineering (AIE) Services Page 1 of 4 MENG1MEERM DATAMNANOEUENMIFMWASTEWAT SR%E12181 CffY4MDE COLLECTiDM 8WMM REKAOM MT & REHM IDIQtAE ODNSULTAMi UMMU PACT CCIYMEIMM000 of costs, schedules), and written authorization is provided by the Director of Engineering Services. AIE 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 AIE 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 AIE and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the cons #ruction 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. F The Director of Engineering Services may direct the AIE 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. AIE 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 AIE 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 AIE 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 AIE at the address of record. In this event, the AIE will be compensated for its services on all stages authorized based upon AIE and City's estimate of the proportion of the total services actually completed at the time of termination. Contract for Engineering (NE) Services Page 2of4 K:IEJICil WMG OATAMCMAMEWEHNIFER WASTEWATER%E12161 C"Y- M r; COLLE=OH SYSTFA MPLACEA UT d REHAB IMCWM CONSULTANT LNViO MACT - CITY NAOE MaDOC 7. LOCAL PARTIMPATION: 8. ASSIGNABILITY The A/E %Ali not assign, transfor:ordelegate:-.any of its bbljptioris orduties.]nAhis:contract ... .. .. . written to any other person Withbdtth6:pr1.Qr,W.h..fteh coftent oftheC*y, except . foie routine :duties eve delegated to personnel of the AlEttaff. if the AIE is :;a 'artnershi , then h the p P. event of, the partnership, this. contract :will' inure to the, indivtduaV:::benfit. f. : isuch e i o parther or partners as the City may dissigntite N. 6i part of the. A/E fee may be assigned in advance of receipt by the A/E.without written ponsentof the City. The,City,Will not payth& fees ,of expert or technical assistance and . consultants unless such employment, including the rate ofcompensotl I an approve in writing y the City.: ., h4s been approved wei ' b 9.. OWNERSHIP OF bOGUMENTS All documents: including contract documents (plans and specifications), record.draWings contractors field ..data, anti submidat data will be the sole prqpert y: of the City, may not be used again by the. A./E. without the express written consent of the Director of Engineering. Services. Howeveri the Affi may use standard details that, are not specific to this, project. The Cit. rn -dification of the plans will be evidenced on the plans,, and be City zigrees that a 0 py signed-and sealed by a professional engineer prior to te.use of modified plans. 10. DISCLOSURE, OF INTEREST A/E further agrees, in compliance with City i Ordinance No. 17112, to h y of.Corpus Christi complete, ,as'ParLof this contract, -the. Disclosure cif fi7terests, form, CITY. ,F F CORPUS CHRISTI Oscar R, Martinez, Date Assistant City Manager RECOMMENDED 6 Daniel B iles, Cate gineenng.R.E., W Director of En ' . - ......... e LNV,: 801 T1 - -, 't. Suite'; iga ion, Corpus Christi, TX 784 (361) 8834984 Office.. 883-19$6 Fax Contract for lEngineoring (AIE) Services Page 3 of '4 1*93NEE M GWUENN1FEffiVVAS*V*TeMB1210i ;"YVV1DE1;0L4EqMSYST0M RIPLACEMENTA RENA8101 QAEQ0NSULTANTLNVS;WRAcT_ C 1ADE NX iC: tE► I( UNEEWGDA Tn =G RAN Gi=t&NN1Fr=R►wA&1rEwXTFR%12M WY-Y Dl CITY WIDS i[fMDOO` Contract for Enginearltng (ArE) Services Rage 4 of 4 'STFM REPLACEMENT B,RIHAi I0tkFAI CONSULTANTLWCONTRACT_- EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS CITY-WIDE COLLECTION SYSTEM REPLACEMENT AND REHABILITATION INDEFINITE DELIVERY 1 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. DSO 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 AIE 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 "multimedia . 6ent installed OR this Wejest. These manuals will be'-n a r t r , i. Review construction "red -line" drawings, of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans). dal el6C#GAiG data will be eempatible;A41-1h the- Gity Gig 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 AIE will, with written authorization by the Director of Engineering Services, do the following: 1. Topouraphic Survey. A/E will provide field surveys, as required fordesign 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 settling 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. way IiRes A/la�r FJCHIBIT' WI 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 IDIIQ 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 GA-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 Activi IL 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 AIE 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 [.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. in SeGCOR I. ^ ,-r xi -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 AIE 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 5 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 NIA 2. Design Phase N/A 3. Bid Phase NIA 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 $50,450.00 Total Authorized Fee $162,95Q.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 AIE 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 = $1,833,3331$150,000 = 12 Fee = 12 orders x $150,000 X 6.25% = 1112,600 EXHIBIT'W' Page 4 of 4 EXHIBIT "A -1" CITY OF CORPUS CHRISTI, TEXAS CITY -WIDE COLLECTION SYSTEM REPLACEMENT AND REHABILITATION INDEFINITE DELIVERY 1 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 S. LAGUNA COYM, REHMET & GUTIERREZ 6. WHITECAP TASK LIST BASIC SERVICES I. 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 W. 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 'A7, 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. E BIT"A-9" e 4 of 2 ADDMONAL 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/darfications of the plans, specifications and/or IDIIQ 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 -111 Page 2 of 2 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. 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 M 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 I. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY MmgbwFng Da uwgdUENNWEW0RMS btt 8 for Lerp.dom $1,000,000 per claim 1$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 Which Complies with the Texas Compensation Act 500,0001500, EXHIBIT "B" Pao 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 :?codification 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 "S "' Page 2of3 MsgIrread"g cat9EwdwMeuENNIFEW0RU6 EAU* 8 for Large-do= 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 thp, 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 Wand 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 ICl mOmarbV Dak EnhartgGUEHNkFER%FORMS%Exh bit 8 for Larga.docx 1 18J V Sao d z = , IL Ea R® 3 V 3 a o � � C Is C H t7 N O z a 0 z �Ea a C a v gg e c spa m °� 8 a E m s c Zia if o� aAZ� EXHIBrr "C" page 7 of 1 d► � w d o e- A � 0 CM E a -Mg LO O O O r r' 43 40 Cb cm 40 M d! dk r 40 r r A to r c �oog �cQi °DDDN �oQ CM r r 03, 6* �.. P P ° C4 ci �2p5 �nyAO� s�p,�� gg e c spa m °� 8 a E m s c Zia if o� aAZ� EXHIBrr "C" page 7 of 1 d► � w d � E a -Mg gg e c spa m °� 8 a E m s c Zia if o� aAZ� EXHIBrr "C" page 7 of 1 O s SUPPLIER B� 8 PURCHASING DIVISION Cip I of CITY OF CORPUS CHRISTI CW DISCLOSURE OF INTEREST '�i of Corpus Christi Ordinance 17112, as amended, requires all persons or ftrrrts seeking to do business the Cittyy to pmvide the following information. Every question mast be answered. If the question is not a e, answer with `2lA ". See reverse cede for Fling Requirements, Certifications and COMPANY NAME: LNV, INC. P. O. BOX: NIA S nUMT ADDRESS: 801 Navigation, Ste 300 CITY: Corpus Christi ZIP: 7808- FIRM IS: 1. Corporation ® 2. Partnership ® 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space: is necessag, please use the reverse side of thispW or attach separate sheet. 1. State the names of each employee" of fire City of Corpus Cltristi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." AName Job Title and City Department (if Imown) NI 2. State the naives 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 ofCorpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above "firm." Name Board, Commission or Committee Dan . jg&ndecker Manna Advisory Board 4. State the names of e=h eruployee or ofhoer of a "consul tam" for the City of Corpus Christi who worked on any ,natter related to the suh1'ect of this contract and has an "ownership interest" constituting 3% or more of the ownership in abmre named "firm." N/A am Consultm FUMG REQUMEMENTS N a person who requests official action on a nutter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishle from the effect that the action will have on members of the public in genera] or a substantial segment thereof. you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or emptayee 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)l CERIVICATION I certify that all infornation provided is true and connect as of the date of this statement, that I have not knawin y withheld disclosure of any information requested; and that supplememal statemerus will be prom y submitted to the City of Corpus Christi, Texas as changes occur. Ce OS ft Person: Dan S. Lc tor t P al' Cerdbft DEMMOMS Tidev Preddent Date: a. "Hoard 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 umbers of the public in general or a substantial segment thereof. c. 'Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis. but not as an independent contractor. d. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are heated 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 Ompas Christi, Texas. f. "Ownership lnteest." Legal or equitable inteest, whether actually or consirnctively 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 Covm. Rehmet & Gutierrez En ineerin L.P. a Texas partnership, 5656 South Staples Stmt, Suite 230, Corpus Christi, Nueces County, Texas, 78411, (Architect/Engineer —AIE), hereby agree as follows: 1. SCOPE OF PROJECT Deli"rvllndefinite Quantity ProoramlProAed _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 364nches 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) AIE'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 5. WHITECAP 2. rSCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services ResessaFy to described in Exhibit "A" and "A -11 ". 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 Contract for EngIneerhig (A!E) Services Page 7 of 4 K: RGINEERING DATAEXCNANGEUENNIFERINIASTENATEME12181 WTY4YmE COLLECTION SYSTEM REPLACEMENT & Rwm II mE Cm=LTANT CROMNTRACT - CRY -WADE ICIQAOC of costs, schedules), and written authorization is provided by the Director of Engineering Services. AIE 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 AIE 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 AIE 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 AfE 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. AIE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE AIE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B "_ 5. FEE The City will pay the AIE 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 AIE on a monthly basis based on percentage of project completion as defined in Exhibit W. 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 KeWNMEERING OATAEXCHANOEUENNIFEMWA8TEWATER %EI2181 CITY -WIOH COLLECRION SYSTEM REPLACEMENT& REKAS W=AE CONSULTANT CRGICO>VTRACT- CrTY-WWE IGIQ.00C 7. LOCAL PARTICIPATION. Tie :.City .CounciVs stated, policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy,. Tice : A/E.. agrees thAttat,lbast 75 % of the work -described heridin, rnri11 be performed by a. labor force : residing within the Corpus Christi 'Metropolitan Statistical Area (MSA). Additionally, no more than 259/6 of the work described herein will be per-formed by a labor force residing outside the Coipus. Christi Metropolitan Statistical Area::(MSA.) 0. ASSIGNABILMY The AIE will not assign, transferor de.legate any ofAspWigations or duties in this contract to,any other person` without the prior. Written.conse . nt of the City, except forroutine duties delegated . to personnel of the A/Estaff.. Ifthe . A/E is a partnership, th n in the event -of . the termination of the partnership, this contract will inure to the: indiv ene fit of s uc h : partner or partners as the City may desighate. No part of the,AJE fee may be assigned in. , advance of receipt b.y the: -..A1E. without written consent of the City. The City will not pay the of e .or technical assistance and consultants unI ' s such .employment, including the rate oftompeftation, has been approved in writing by the City. ng:... . . I 9. OWNERSHIP. OF DOCUMENTS All documents. including. contract, documents (plans and specifications), record d specification drawings, contractor's field data, and submittal data will be the s 016 property of the City, may not 'be used�.agpin 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 . engi ' prior -use of modified plans. neer prior::. o re 10. DISCLOSURE. OF INTEREST A/Efq...tthP.r agrees, in compliance with City of Corpus,: Christi Ordinance No. 17112, to Complete as part of this contract, the Disclosure .l . I sure of 'interests form. C".: OF CORPUS CHRISTI Oscar R. I . artifiez, Date Assistant City'Manager. RECOMMENDED. Dahie[Bfles, P. E.., Date Director of Engineering Services Contract foe P#4jrte4nns ox) S. rvlces Pag4 3 o 4 K'A rr DATAEKCHMOEUENNIMMWAM'r"ATEOE-12161 CITY-WDECOLLECMN VMm Pi-OLAcEmENT&ttji" ion CONSOLTANT cnyWor: IMMOOC APPRWED: AS TO FORM ` Projed, No. El 2,181 Fund. N Wastewater CIP 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 1. SCOPE OF SERVICES A. Basic Services. (NIA) 1. Preliminary Phase. (NIA) 2. Design Phase. (NIA) 3. Bid Phase. (NIA) 4. Construction Phase. The AIE 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 forthe 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 Cites 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 r FemaindeF of the manual ran be sGanned images 9F a Fnimb—ire- Of seanned images- , Gempatible with the image viewing 6eftware available an Vhe GlWs eempL49F ROM, i, Review construction "red -line" drawings, of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided "lefts): eleWeme data YAII be eempatible with the City GIG syetew,,. Cl iq 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. 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. . A/€wi11 -s ;f 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 Dg bate Activity_ Tuesday Februa 2013 Contract Award Weekday March 2013 Contractors NTP Weekday March 2015 CompAete Construction 3. FEES A. Fee for Basic Services. The City will pay, the AIE._ 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 IA.1 -4, AIE will submit monthly statements for basic services rendered. IRSeetiew City will make prompt monthly payments in response to AIE's monthly statements. EXHIBIT 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 Phases NIA 2. Design Phase N/A 3. Bid Phase N/A 4. Construction Phase (See Fee Table) $112,500.00 Subtotal Basic Services Fees $112,SOO.QO 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% 5.00/0 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' 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 S. 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 W. The Construction Phase fee will be billed as delivery order improvements are constructed at the rates shown in the table in Exhibit "K. 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 "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 bass 2 -year contract. The fee is based on the one -third (1 /3) of the 2 -Year base contract budget of $5,500,000.00. EXHIBIT "A -1" Page 1 of 2 ADDITIONAL SERVICES 1. Topographic Survey a. Topographic survey is not anticipated to be needed on most deliver order sites, except where horizontal and/or vertical control is critical for the design and construction of the proposed improvements to avoid potential conflicts, and/or to confirm slopes, etc. b. The Topographic Survey allowance is based on one (1) 8-hr day of (2 -man) field crew work and is sufficient for up to one (1) site. 2. Warranty Phase a. Engineer.will prepare a list of all sites completed at the end of each 12 -month period for the City and recommend acceptance of the sites and commencement of the warranty period. All listed sites will have the same completion date and warranty expiration date. b. Engineer will provide a warranty inspection of all sites toward the end of the 12 -month period and generate a warranty items punch list. c. The Warranty Phase allowance is based on two (2) 12 -month warranty periods. ff "A -1"of 2 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICESICONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company($) 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 - MINI Bodily Injury 4 Property Damage Per occurrence - aggregate $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SWGLE 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 TION EMPLOYERS' KISVInserg DWAEx&aWUENN1FERf0RM8WxNbR B for Larga-d= $1,000,000 per claim 1$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 M EXHIBIT "B" Pagel of 3 C. In the event of accidents of any kind, Consultant must fumish 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; therefor=, 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 3 K1EnB1WvL Q DalaSe=WUENNIFERWORMSeN"t l 9 for LuW.dou 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. f=ailure 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 w m N99999f o v 0 s c — —, CM 0 ° o e d— � o Is m w $ O pO N d�Z Z IL IL v V Z cc�oo O V w N99999f V —, CM 0 oo oo m $ cc�oo o0DOD o 0 o��ooc� ®oDDO� H►� � M 4Aw � d! M� ems+ 4w so 0 N 0 O 0 N f% o N Qp D❑ G m N ti Ir �Ry1 O o e� c►i O D O D O C5 N ol $§ uS °O.pDDD� C]Q'0 a� m m N y IL m Z A a Emr.. m so :1 1 CL m EL�mUV! itI cao to 1 0�$�°- EXHIBR "C" eIof1 SUPPUER NUMBE F. . . TO BE AMiGNEp:BYM77- PURCHASING DIVISION ..,...� City of CITY OF CORPUS CHRISTI. Corpus Christi DWLOSURE OF MEREST {?'wiyANy NAmm-" Coym, Rehmet & Gutierrez, L.P. P. Q. Box: 9TR'EET ADDRESS. 565,6.5oiith Staples fit., Suite 23.0. CITY: Corpus Christi Z?!:: 794-1'1 FIRM IS: t, Coipos'stian [( 1 PWership, ❑ 3. Sole Owner [] 4. Association a. Other Lj 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 aPP4r00L The disclosure shah also be made in a signed writing filed with the City Secretary. ics Ordinance Section 2-349 ON CERTIFICATION I cartilly that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: 3e t T Loy1K Title., rAr+W (ThworPrial) Suture of Certifying rA Date: 3 Person: <LJ1 DEFINITIONS a. "Board member" A member of any board, commission, or committee appoimed 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 effbct 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 part4ime 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- proi;t 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 consinhctively 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" S. '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, 78404, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Ci -Wide Collection = S sham Re lacement and Rehabilitation Indefinite Del'o_ verylindetinits Quantity.Program tProiect 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 bar.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 fldws 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 fora 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 S. WHITECAP 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services Resessa" described in Exhibit "A" and "A-11'. 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 -111, 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 (NE) Servkes Page 1 of 4 KAENGINEEMG IDATAEX CHANGBJ MNIFERIWA8TEWATME121614RY40DE COLLE -CWH SY$' M REPLACEMENT & W" IDOM CONSULTANT URBANVCONTRACT- CrrY4WF11 KWOC 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 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) SerAces Page 2 of 4 K:UMNEERENG DATAEXCNANOCU P-- NNIFEMWASTEWATER4E12161 CITY4&WE COLLECDON SYSTFA REPLACEMENT & REHAB IDKRA : CONSULTANT wamCONTRACT - CITYiMDE IDIMDOC 7.:... LOCAL ..PARTI'CIPATI"ON.. ,8. ASSIGNABILITY The AIE Will not assign, transfer or delegate. any-of its obligations or duties inthis contract to any other person vvithpij.t the prior w6tten consent of the Cjtyi except for rcOilne duties delegated to personnel of the A/E staff. If the A/E is a partftrs'hip',,�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.fpe ;may ..bye :assigned in advance of receipt by the A/E, without written consent of the City; The City will not pay the fees of expeft.tor tec.h.,nicaia I ssistance,and consultants unless such. employment including the rate of compensation. has been ..approved in wriging by the:.C1t)i% 9. OWNEkSHIP OF DOCUMENTS. 10.. DISCLOSURE INTEREST A/Efurth.e.r, agrees, in compliance with City of Corpus. Christi Ordinance No. 17112 to compt6tet, as Dart of this contract, thebisdiosure of In t6 rests- form. CITY OF CORPUS CHRISTI Oscar R. Martinez, Date Assistant City Manager RECOMMENDED 'Daniel .Biles, P.E., Uate, Director of Engineering Services URBAN ENGINEERING Cor+�raat for ngineertrlg (Alp Services Page 4 o 4 MIENGINEERINGDATAEXCH ANGFI JtNNIFEiit WASTEWAiE131£f2MgTX�1Nnl COLLECB ONrY3TElBIREpL/I EM IrNTBREF}k9TpIL1UifiCOF1S1JiPag !JR @ANkGdNTRAOT - 4II!f= YV1E1E [OltXG4C 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 5. 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 AIE 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. Maize final inspection with City staff and provide the City with a Certificate of Completion for the project. EXHIBIT "A" Page I of 4 lRtFeduG69R, Table e4 GeMents, And- Ind-ex vAll h--A in HT-ML (H�per-Text Ma"p i. Review construction "red-line" drawings, of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans). F�Onos within Wm (2) FnaFK:hs of A AWteGAD, and gFaph*ea data i A411 he in duf feRnat with esel; leyeF b8iRg pFwAd8d OR-0 m-ARr_I'Ie_R:Ra4lR tabular- = All 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. Pees 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. Top-oaraohic Surm. A/E will provide field surveys, as required for design including the necessary control points (up to I 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' I] Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. A I€will -sab EXHISIT "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, AIE 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. I- Sestien I.A4 3, the . City will make prompt monthly payments in response to AIE'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 AIE 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 I. Preliminary Phase NIA 2. Design Phase NIA 3. Bid Phase NIA 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% * Ifthe average value for a delivery order is $150,000 then the total basic services_ fee would be as follows: $5,500,00013 = $1,833,333 (available for each consultant) # Delivery orders = $1,833,333/$150,000 =12 Fee =12 orders x $150,000 x 6.25% = 5112.500 EXHIBIT "A" Page 4 of 4 EXHIBIT "A -1" CITY OF CORPUS CHRISTI, TEXAS CITY -WIDE COLLECTION SYSTEM REPLACEMENT AND REHABILITATION INDEFINITE DELIVERY 1 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 S. 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 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, quantifies, 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 iteriis punch list. c. The Warranty Phase allowance is based on two (2) 12 -month warranty periods. EXHIBIT "A-11" Page 2 of 2 .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. 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 M INSURANCE Bodily Injury & Properly 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' COMPENSA EMPLOYERS' LIABILITY KIErOrmmftV D8W_ odl wUEKK FERkFORMS%EAlblt B for Ugp.docx $1,000,000 per claim 1$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 000/500,0001500,000 F_XFIIBIT "S" 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 mod cation 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 -8277 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.. K'W_M Ww)d 9 0818E a*WWUENNIFERW0RM$}EAihR 8 for Lmge docx EXHIBIT "B" Page 2 of 3 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. 1. 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 P e3of3 MEMIravIng UaW.XdMWe JENNLFE W0RMST;A1W B for LaTga.do= 'f 0 dl W VIA ILIZ as ...i IL '.. IL O V C f 0 a b a � e I a ,C C O � O V N Z O •Z .0 O Ci 0 H a �a �a�ooc�v� • rA � o SO c a Q a ur �$ �g E o 0 M, =33 E 1 , 68 g 940 Jq 281� EXyIBM nCn Pa 81 of 1 Q o o Q 0 0 0 0 D Q 0 76 Irk r � SA c De.at 4* b 5 N 0 whw N N r a °�OegiC�u� N Q N �A N Q 000 eanN N A m ID o� � chi 0 �0p mm C N to w � v Q��it�5� $oOmGOO �j 0 H a �a �a�ooc�v� • rA � o SO c a Q a ur �$ �g E o 0 M, =33 E 1 , 68 g 940 Jq 281� EXyIBM nCn Pa 81 of 1 -SUPPL ER.N MBER Tq BE:tSSICt+tEfl. BY 1314lIS101 _ 1-Z Pt!l2GNA51i�I Ci v Of CITY OF CU�US CUR .ST.I.: TEREST DISCLOSUREOF IN Cite of .m certi fy that all �i have nat kno-wingli statements, will be C Certif'ying..Tet soon; 3.rmattun provided is true and correct as of the date of dais statement, that 1. �r .MO.d disclosure of any information requested; and that supplemental t,ptly submitted to I e City or Corpus Christi, Texas as changes occur. iL Title.! (i's'le ac i'rFntf . Signature of Certifying Date: 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:econ0mic inerest ir it is likely to have an effect on that interest that is distinguishable from its effect on-members of'the public to general or h substantial sagment thereof. c. "Employee." Any. person employed by. the'City of Corpus Christi, Ted either oil a full or partttime basis; but not as an, independetit c .o1ractor "Firm_" Any entity operated for econain c. gain, whether professional; :industrial or commercial, and whether established ttf produce or deal with a product or setvioe includiag brit not limited to.. entities operated in tile, firm of sole proprietorship, as seff employed person, partnership, oration, joint stock company, joint venti re, ree ivership or trust, arid . entities which for purposes of taxation are tmatedf as unit- prgfit orVnizatibns. e "Official." The l kYor, members of the Ci €y. Council. City Nln tag r, i]cput C: t Sat ger. Assistant t y Managers IIepartmeut: antd Dk ision. Heads, anti l� unic.ipa( Court .ludg:es: of the City ofCorptts Christi Texas. f;.: . `O.Wnership Interest. Legal or equitable interest, whether4cthatly or constructively held, in a (arm, including when :such interest is field through art ag ... I trust, estate, or holding entity, "Constructively held" refers to holdings or control established through voting ICtr" proxies, or special ternis of venture -or partnership agreements.- - 'CornsultanL" Any person or firm, such.. s en ncers and architects, hired k, the City of Corpus Christi for the purpose of profesi�torinl consultation and recommendation. W Cl) v N N cu X-j C c� U W U W v 0 V CIS V V 'o F 2 t7 U _O U a z �1✓ 1 � a IL IL K 0 �a rat- . ©�`. �ww �•��. - Ail F z If i M Im If 3� I N C11 ti tfy G 4.3 0.� V V 'o E L � o co Ch Co c CU x L �(D N O � (ll c C: (n O U � N � �o U N � A L V� a co /w7 M � 0 C� a� 'o O O O OQ Li Q 0 a rs o 0 0 O a o O o ©f..7 O OOfJ tlOt3 CQ7 D a..:. O 0 00 cap O r- 00. r O Q N O. O N N O (4 N N O 0� O Li Q 0 DATE: February 5, 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: 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 prop osed'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 1 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 runaks): 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 Lid z (89e HS) 3A I21a aNVIS 138atld HIHON ° a a NEISSI!5 NEIS$I9 d s t w z r Y s w W NHOSNI3H F , {n a f S' Rig � v R-I ilia 3z ZE i% x3� It gg zH a m ti ° °z � � _ .� S it '? '� - � � it 'z � i2SE +S - ltia '.INYISf 3b'Qh`d H!Y6N, �-� � 2i Ph Lo o 9 --- to r cam ° x La lam ¢�� . 0 s f:} [Ec.Q tnt €z � r8 yy is W Si 3 33 �Lj c l ss�nam�d��r±M3 C C 28 i I a a i ]] � "S°tl3'M1 •. =YI' 'es - E 'A S%3CZE - cr I" ! °g "x ✓A 2f3ei ^� 'i 7• I E � ry I LrD W^ 11 1 m 00 sac m9 6- 2.,T�a N f Z 3133: NI Ln 4 %'i. L Sf&Wf:�. '.t PkiET' "S'G 'fl 6r 2d -. )) `K263"'h 'Ht titlx ,g 997 "E 'tl `w 'ES 'd E' i tt Bp-44 .� 6n1 ''R "Sk,�dre'1r ! 1T351d'i Y }'�B:e �� ti101 Si'Ad 2' 84 7t 9e `Sc6t;X j a 81 S]�1. q 9q2'$ - 2I 1�tlML �q 49 're W :cwun' was us dF &3tntl� i5.a;QuR v - `Il QNf103 :CfS 3N1 N7- ..L�1'R1 .8 /i V a y �y LS'YEC P,'.tl�',fl'.9&S 7 - .Sk LEE t 1 aErBBg' - j� l z co Ui 0 U A r LL' © r. U] m w M In > S L) V1 AGNES ST. w z � N PROP ° A 8" WTR Z J N w HWY 44 w � A w m F o ° z z H w SITE' PROP 10" SS- LINE EXHIBIT SH ❑WING OFFSITE SANITARY SEWER AND WATER IMPROVEMENTS, AIRPORT INDUSTRIAL SUBDIVISION, 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 CREDIT THE STATE OF TEXT' § COUNTY OF NUECES § This instrument was acknowl6dged before me,on. 15T Investrhents., LLC, '001111" AMt. KATRINA MARIE WILLI ' Notaiy PS PUMC, State 1D'fTeiaS:: :My Cpr mission Expifes ''08 2014 My F on behalf of (fie said corporation. 2013, by of Exhibit D ... . .. . ....... ... APPIKATION FOIE WASTE WATER REIMBURSEMENT We, I5T:Iii* tmelitsi, LLC. 842.6, owner and es .,,�P�0. Box 2610.3.7, Coxpu&�Christi, TX 7 developer of propbsod AIRPORT RqTk!At gun 1)"t'v I'm . BLOCK 13, LOT 2, hereby request reimbursement of $63,794.60 f : the; ` st4llitl�h of the w to water e :-Or.l...0 in as . wa coiled in conjunction with said lot as;Vv�. for b Q ... haw .y 3t -, O�L W,899.5-6 the construction y0t.01h e'.No 17 cost,. including 11% Engineering end Surveying; 'aoA..6m4 by the cost supporting documents attached herewith. Title: President z THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknovAedgedbefore me on Februam-4. 2013. ,;2 ©13; by Steuen'Ti lms (Name), �(TAIP) .Qf 15T investments., LLC, a Texas Gor0oration, on behalf of the said corporation. o,��irA rasa 0701NA MARIE W11,11AMS, Notary Public, State: of Texas Mycommisslof� I Ext&ts AJY 00. 2014 — I CERTIFICATION The, Wformotion submitted withethis qppjication for rehnbursement h revised d as been an determined. to be correct... Reimbursement . is subject t - (k) Sufficiency of funds in., the Collection Line Trust Fund and (b.) Appropriation aid approval by the ,City Council. 1/14/2013 SS1 EST.XLS AIRPORT INDUSTRIAL SUBDIVISION BLOCK 13, LOT 2 OFFSITE WASTE WATER REIMBURSEMENT ITEM NO. ITEM QTY. UNIT UNIT PRICE AMOUNT 1 10" PVC PIPE 1196 LF $50.00 $59,800.00 2 4' DIA. MANHOLE 4 EA $6,350.00 $25,400.00 3 TRENCH SAFETY 1,196 LF $1.00 $1,196.00 SUBTOTAL $86,396.00 Engineering and Surveying 11% $9,603.56 SUBTOTAL $95,899.56 Less Fee Value of Property` - $12,758.80 TOTAL $83,140.76 'FEE VALUE = 8.35 AC X $1,5281AC = $12,758.80 MAXIMUM AMOUNT REIMBURSEABLE ITEM 50% x FEE VALUE OF PROP x AVERAGE PIPE DIAM. 0.5 x 12,758.80 x 10= Exhibit F 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 piat; 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 coilection 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 - defauiting 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 th"is.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. P.. 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 parry 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 $26,000. 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 20 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: Elizabeth Hundley Assistant City Attorney Wes Pierson Assistant City Manager, designee of the City Manager 2013 Wastewater Ext Collectn and Reimb Agmt 15T Investmts Airport Indus vFinai EXHIBIT G Page 6 of 7 for the City Attorney 16T INVESTMENTS, LLC Bv: Steven W. Tipps Manager STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on , 2013, by Steven W- Tipps, Manager, I5T 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 Nijnfi, �F I Aol r P $ l �� s I i: ° E- r s ta o KH 1"1 MS � � (3;E N$7 3,NIir: W'{5s 35Cba N Y4N- R �. .sa- 3 td 4{I I II C7 �-' � 2 I lr� a. ;1.. F " '4s....,1 ✓z� Lu RE 5 & �', v � w� E � �'�/ ht a s> � .�' ter . saanar7ad Newt:. �..... —__ a����8 � An� � - � 0- n 3 c F a e r m O U E 1 v � � k !I. � eo ~r '+wWe"tti ssrry � E aP NPxLY'ld' m^ m z W. � I z mm 'PY k4":..Js ocasgs '00 zsci x'a, s[fl,w4n n iw a�a. >rr -ar 4a '62B]'A `¢I �oSs 'P1V 95'c f}5...56 t X W i U r n< II! IC llE 1. ::may S� 'IaE t X W APPLICATION FOR WASTE: WAURREIMURSEMENT THE STATE OF TEXAS `§ .COUNTY OF NUECES :§ This instrument was acknowledged before me on Februant*:: mi. a. ---f2013i by Steven Tipp President . (ritle), of Iff Inveement.4, LLC, a Ttwas Gorpamfidn.., an . behalf of the said corporation. '104115"Rh KATRINA t Notary .0tary Niblic, .. Slafob f. Tex a s. My Cornni i �t I 66...'E:Xp ire . S JY 06,20 4. CERTIFICATION The, ipfomigipi.il *WtWd with this application for reimbursment.has been reviewed and d.etennined-to be correct. ReimT urspment is subject to: (a) Sufficiency of P#* in the Collection Line Trust Fund, and (h) AppTopriation and approval, byvthe wCity Council. Development Services Enonor Exhibit 2 (Pate) F- U A r O z R n. 0 m If) Z )F:o Vj AGNES ST. w Z N PROP A 8" WiR z � a J N HWY 44 w r � of A W Q FA a ~ - Z FlR af Q a L!) z z w "SITE' PROP 10" SS LINE EXHIBIT SHOWING OFFSITE SANITARY SEWER AND WATER IMPROVEMENTS AIRPORT INDUSTRIAL SUBDIVISION BLK 13 LOT 2 V = 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 ITEM NO. 1 10" PVC PIPE 2 4' DIA. MANHOLE 3 TRENCH SAFETY 1/14/2013 SS1 ESTALS AIRPORT INDUSTRIAL SUBDIVISION BLOCK 13, LOT 2 OFFSITE WASTE WATER REIMBURSEMENT ITEM QTY. UNIT UNIT PRICE AMOUNT 1196 LF $50.00 $59,800.00 4 EA $6,350.00 $25,400.00 1,196 LF $1.00 $1,196.00 SUBTOTAL $86,396.00 Engineering and Surveying 11% $9,503.56 SUBTOTAL $95,899.56 Less Fee Value of Property` - $12,758.80 TOTAL $83,140.76 *FEE VALUE = 8.35 AC A $1,5281AC = $12,758.80 MAXIMUM AMOUNT REIMBURSEABLE ITEM 50% x FEE VALUE OF PROP x AVERAGE PIPE DIAM. Exhibit 4 0.5 x 12,758.80 x 10= AMOUNT $63,794.00 CITY OF CORPUS .CHRISTI S. D CLOSURE OF INTERESTS' i . State the: names of each °employee° of the City of Carpus Christi having an °ownership interest± constituting 3 °. or more of: the >owrtership in the abeue named "firm ". Name Job Title and City Department (if.known) None None 2. state the ames.of eac. t "bMcial" of the City of Corpus Christi having an "ownership interest" constituting 3% or rnore:of•the..ownership:in the.above named °firm ":. Name True None - None. 3. State the names of each "board member" of tie Cit. of Corpus Christi having an "owrzersh' interest t ansiituiing 3% or more of the ownerships in the above named Name Beard, Cornmission, or Committee None: Now 4. Sfa`te'the names of each.employee or officer of a "consultant" fdt the City of Corpus Christi who worked oitfany matter related to the subject of this ,contract, and has an 'IdWnership rnteresf" constituting 3v or mare of the:. ownership in'the above riarid "flrrri'°: Narne Consultant None None......... CERTIFICATE 1 certifyAhat all iri#ormation provided, is true and correct as 6 the date of this statehdrit, that I have not knowingly Withheld disclosure of. any informafian requested; and that suppleir entai: staterrients will be promptly .submitted to the City of ,�_ . _ .- Corpas� Cparist , Texas_as. changes- occur. __.... Certifying Person:: : Steven Tipps Title: Member' (TYPp or Print) 5lgnature of Certifying Person:. Date: '1211 .312012 Exhibit 5 DATE: January 13, 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 PROM: 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 instali 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 glsven in the City Charter, Code of Ordinances, Article X, General Powers and provisions, Section 1. EMERGENCY INON- 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 1 Expended Amount This item $0 BALANCE uiiuktq. 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 n 4 rh 1 AMPOMENT OF REYNOLDS METALS COMPANY EASE.'MLENT ('1'RA.CT 17) STATE OF TEXAS � COUNTY OF SAN PATRIC10 § This Amendment of Reynolds Metals Company Basement is by and between San Pat dcio Municipal Water Distriot ("GRANTEE"), a conservation and reclamation district and political subdivision ofthe State ofTexas duly createdby theState ofTexas pursuant to ArticleXVL Suction 5p, Texas Constitution and the City of corpus Chtisti, Texas, a Municipal Cc>rporandn, (hSecti n called "GRANTOR % and is as follows: RECITALS WHEREAS, GRANTOR has aquired fee simples title to a certain tract of !arid consisting of 8,445 acres, more or less, out of portions of the C.C. Hvmsby Survey, Abstract No. 159, and the J, W -H- Oltman Survey, AbstractNo, W, ailuatedin San. Patricia County, Texas, whiohtractoi']sttd is more partictelariy des�'bad in Exhibit "A" attached hereto and hereby made a part hereof (,he ''LAND"); and WHEREAS, the LAND is subject to that certain emcmcnt granted by A, A. McLiregor, et al, to Reynolds Metals Company, dated Augat 7,1451 recorded in Volume 169, Page 581, Deed Records of San Patricio County, Texas (the "BASEMENT',), which easerraent is more particulmly described in Exhibit ` &" attached hereto and hereby made a part homf (tiro 170RlaR EASBMMgT RIGHT OF WAV); and WHEREAS, the EASEMENT grants it right -of way for installation of a water line in the FORM W BASEMENT RIORT OF WAY, and GRANTOR and QL4NTBE wart to amend the desrxiption of the right-of-way so that it comports aqd align with the location of the water line that was built by or on behalf of Reynolds. Metals Company pursuant to the EASEMENT; and WHEREAS, GRANTER wants to install, in the revised right of -way, an additional water line with diameternot to exceed twelve inches (12"), unless agreed to otherwise byGRANTOR and GRANTEE, and airrelieflva cuum valves provided that they are bugled so that the top ofeach of the facilities shall be not less than thirty -six inches (3611) below the surface of the LAND at all places, and above- ground water pipeline markers at existing or future fences and at the edges of roads and the edges ofpropexty lines, and certain above ground facilities, including valve boxes, line valves and akr xelief%vacmn valves (the TRO]Ecr ) . The PROJBCT 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 relie9vacuum valves axe located, and installation of additional air relieflvacuum valves in those valve boxes to serve the now waterline. All above- ground and below- ground facilities, including bertnot limited to valve boxes, airrelieflvamu n valves, line valves and piping, are prohibited within the area where the revised right -of -way emement intersects with Grantor's Mary Rhodes Pipeline Basement. NOW THEREFORE, for and in consideration ofthepretniaos, and thereceiptof$10.00 and other groodand valuable c0asideiationprovidedby GRANTOR, the recoiptaud sufficiencyofwhich is hereby acknowledged: GRANTOR and GRANTEE agree that the night of way greeted by the EASEIv1$NT is amended to be, and it is now described as a 30 -foot strip of land, shown on the attached Exhibit -4q- the setter line of which is the center jbte of the water line that was installed on the .AND by or on behalf of Reynolds �rlatals Company purs►rant to the EASEMENT (� "REVISED RIGHT -OF WAY" ). . GRANTOR, for the CONSIDERATION paid to GRANTOR, hereby grants, sells, and conveys to GRANTEB an easement and right -of wayin, upon, under, over and across the ,SBD RIGHT-OF-WAY, topffier with all and singular the rights and apptwteaances thereto in any wise belonging, to have acid hold to GRANTBB and ORANTHE's successors and assigns forever. The easmeni, rlghht -of wa r, rights, and privileges herein grated shall be used for the purposes of excavating for, laying, cocting, placing, operating; maintaining, reconstructing, replacing, mbuilding, upgmding;renewmng,removing, inspecting,patroUlMh chu }ruodifying,orrepairing the PROJECT, or any part of thePROJECT, and making connections therewith. GRANTOR also grants to GRANTEE a temporary =shWion easement in, upon, over, and across a thirty (30) foot strip of land that is adjacent to either, but not both, ofthe boundaries of the REVISES? iu()HT.4p.. WAY forthepurposesofconstructing and layingthePROJECTintheREVISEDRIGHT= OF-WAy. This temporary construction easement automatically terminates when the PROJECT is placed in service., GRANTEE is fully aware of GRANTOR's water pipeline (Mary Rhodes Pipeline) within GRANTOR'spropedy. GrRANTEBwilltakeextrOmeprecaution while exaavatingandconstructing ORANTEB's new pipeline adjacent to ORANTOR's pipeline. GRANTER is responsible for any damage to GRANTOR-,s pipeline resulting from GRANTEE', construction aotivities. In the event GRANTEE shall be required to cut or go through any of the fences of GRANTOR in the proposed pipeline, it is agreed that prior to cutting any such fences, GRANTEE shall first brace the existing ftee adequately on each side of the proposed cut, so that when the feaca is out there will be no sl ackeWng of the wires. If GRANTEE shall elect to Maintain an opening in any ofthe fences ofGRANTOR during the conshuctionof said pipeline, Q ANTEE alralibe obligated to install a good and substantial wire gap capable oft irning cattle from such opening, and GRANTEE shall keep ,stroll gap securely closed at all titres when not in aptual use, and upon the completion of the construction of said pipeline, GRANTM 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 ag4te on any existing or fixture fences located an the REVISED RIGHT-OF-WAY. Such gates shill be provided with 1i" braces. Gates shall be -2- 4 It maintained by GRANTEE and be capable of turning livestock. GRA,NUE shall keep such gates securely closed when not in actual use. GRANTOR and GRANTER each shall fumisl� separately loyed locks for all locked gates, and lows shad be separated by no fewer than threelinlcs oi"chain so as not to mistakenly or in error, look out either GRANTOR from its property or GRANTEE from its R MSED RIGHT-OF-WAY. All fence related work wilt be done in a good and workma IWce manner, ORANTBE will make rreasonable efforts to use like posts, wire and gates in order to match GRANTORS existing posts, wire and gates. GRANTEE shell not be required by GRANTOR to provide conneC #ions. #a the above described additional water line. To the extent pftmdtted by law, the San Fahiclo Municipal Water District ( "GR,ANTEg »), Its offiefs, agents, employees, representatives and consultants shall indemnity, save harrntess arxd defendti�eCityofCarpusG 'lnristi,itsolcers, agents, employees andrep3resenta#ives ("GRAN`I't)R ") and each oftbem against and hold it and #hem harmless from any and all lawsuits, claims, demands, liabilities, lossea and expenses whatsoever, inciuding.court cas#s andreasonable attorneys, fees, and including all losses or liability for or on account of any injury to anyperson, or any death at anytime resulting from such ins M, or any damage to any property under the performances covered by thin oonu=t. When the context requires, singular nouns and pronouns include the plural. When appropriate, the term " ORWM" includes the employees, agents, subsidiaries, officers, servants, eont w t m, successors and assigns of GRANTEE. All provisions of the BASEMENT that are not heroin amended are hereby reaffirmed and shall remain in foil farce and effect. This instrametntmaybe exomtedin duplicateod&als, and each counterpartshall be deemed an original and alt such counterparts together shall constitute one and the same instrument. Signed to be effective the day of`-, 20 -3- GRANTOR: THE CITY OF CORPUS CHRISTI, T$XAS By. Ronald L. Olson, CityManager ATTEST: �y: Muando Chapa, City Secretary ATTEST: By: Rebecca ICut mw, Sametary ilpprswd a� #� :lar Assistont City MOW For City Attorfty GRANTEE: SAN PATIUCIO MUNICIPAL WATER DISTRICT By: Brian G. Williams, District Manager -4- i ACKNOWLEDGMENTS STATE OF TLXU COUNTY OF This inshunent was acknowledged before me on _ , 20 by Ronald L. 0180-n, as City Manager of the City of Corpus MAW, Texas, a Texas Homolvic Municipal Corporation, on behalf of that municipal corporation. V {SEAL} Notary Public, State of Texas Typed or Printed} Name My Commission Expires: STATE OF TEXAS COUNTY OF SAN PATRICIO § Tbisinstr mentwasacknowledgedbeforemeon .20— ,byBrian G. 'Williams as District Manager of San Patriaio Municipal Water District, a consematian and reclamationdistrict and political subdivision of the State ofTexas duly created by the State ofTexas pursuant to Article 16, Sec*on 59, Texas Constitution on behalf of that District. (SEAL) ' Notary Publio, State of Texas Typed or Printed Name My Commission Expires: AFTER RECORDING RETURN TO: Mike Willatt Willett & FIdduger 2041 North Lamar Austin, Texas 78705 -5- I A EXHIBIT "A" TRACT NO. 17 � V 8.646 acros, more or. less, out of portions of the C.C. Hornsby survey, Abstract No. 159, and the I -W-11 01tauan Survey, Abstract No. 213, situated in Sam Patricio County, Texas. Also being the sense land as mom partiadarly described by metes and bounds as EXM BiT F ofthat certain Special Warranty Exchange Deed from Coastal Bend Bags & Estuanes Program, Inc. To City of Corpus Christi, dated December 21, 2004, and recorded under Clerk's FileNo. 539674 of theReal Prsperty► Records of Sea Pokicio County►, Texas. Y -6- EXHIBrr uwv TRACT 17 )6asemertt W&Or Right of Way dated August 7, 1951 from, A. A. McGregor, et al, to ReYnoIds Metals Compaay, recorded under Clerk's File No, 76750, Volume 169, Page 581, Deed Records of San Patricio County, Texas. Said Easement assigned to the city of Corpus Christi, Texas, by Assigmment datedApril 30,1982, recorded tinder Clerk's File No. 309043, Volume 649, Page 264, Deed Records of San Pakicio CouatX Texas; and Final Assignment dated June 21,1984, to San Patricia Municipal WaterDistriot, recorded under Clerk`sFileNo. 593556, Offiicial PublicRecords of Sou Patricto County, Texas, being described by metes and bounds as follows: BEGINNING at a point on the Northwest back of the Nueoes River, approximately 750 feet upstream from the Stale HighwayNo. 9 Bridge across theNueces River, San Patricio County, Texas, Said point being also S. 32'30 E., 59.0 feet and N. 571301 H., 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 road. THENCE: N. 32° 30 W., a distance of 1070 feet. THENCE: N. 316 50 W., a distance of 257.3 feet. THENCE: 29° 02' W., a distance of 389.5 feet. THENCE: N 70 32' W., a distance of 277.0 feet. THENCE: N. 101 34' E., a distance of 325.0 feet. THENCE: N. 39122' S., a distance of 709.1 feet to the Southwest Right of Way fence of State Highway No. 9. THENCE: Continuing N. 390 22' E., across said State Highway No. 9 Right of Way, at 76.5 feet, the centerline of the pavement from which point the and of the bridge bears S. 17° 45" E., a distance of 29.1 feet, in all a distance of 103.0 feet to a point. THENCE: N. 43 046' E., at 42.0 feet, the Norhhwast Right of Way fence line of StateHighwaay No. 9, in all a distance 166.5 feet. THENCE: N. 40° 31 B:, a di staaoe of 923.5 feet. THENCE: N. 28° 59 %, a distance of 4365.4 feet to a point. Said point being in the approximate center of the old c0untyroad and 15 feet from and at right angle -7- I1 4 to the Southeast Right of Way line of Texas State Highway 128, all of the above described line bemB between the Right of Way fences of the old county road. THENCE: N. 430 581E., parallel with and 15 feet at right angles Southeast of the Southeast Right of Way line of State Highway 128 at 101.6 feat, the But 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 stack pens, in all a distance of 3268.6 feet. THENCE: S. 670 33' E., a distance of 236 feet. THENCE: N. 600 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. 740 18' B., a distance of 355,6 feet. THENCE: N 580 7 B., a distance 813.0 feet. THENCE, N. 49° 55' E., a distance of 289.4 feet. THENCE: S. 4611 16` E. at 25.0 feet the west.fence line of the St. Louis, $rownsville and Mexico Raik"A at 74.1 feet, the centerline of the railroad tracks, at 121.3 the East Rigbt of way fence of the railroad, in ail a distance of 134.4 feet. THENCE: N, 660 51 E., a distance of 315.7 feet. THENCE: N. 80° 33' E., a distance of 24}7.4 feet to a fence on the Bast property line of 95 am tract and the west Line of the Ida 4. Curry tract. SANE AND EXCEPT THE FOLLOWING: ` Tract A. A strip of land 150 feet in width, being the Right of Way of State Highway No. 9. Tract B. The Southeast corner of the 89 acre tract, of laid belonging to C. C. Parker and lying southeast of State Highway 128. Tract C. A strip of land 100 feet in width, being the Right of Way of the St Louis, Brownsville and Mexico Railroad. wr: -8- EXHorlr uC's SAN PATIUCI0 MUNICIPAL WATER l]1S'1'R1CT TRACT 17 . WATERLM PA$EMXNT (4276 ACRE TRACT) CITY OF CORPUS CHRUTI S'TA72 OF TEXAS COUNTY OF SAN PATRICIO Field notes of a wotarllne easement being a 0.276 acre tract of land, being on. under, and across an 8.646 acre trail of land conveyed Timm the Coastal Bond Boys & Haloadw program, 110,. to City of Cotptts Christi by Special giarraaty 8ttchonge<Dead tinted December 21,2W4 and ramided in Cietle's bile No. 339670 of foe Steal property Records of San Patricia, County, Tetras; Said 0.276 acre iraet is tompriaod of a portion of the C. C. Homsby Survey, Abstract 159, is attaatedln goai'*IcloCoumy.Texas. eNmAmhtety 2.0 01#144 atiuthweatef the (Sty of odem, and.is described by ea<tes end tropn� as fallowa: 114flAfagat s point in the oorlhweatlloe of a46.117 acro traetof tend canweyad fromThe Nature Contarvaney of Tuxes to the Coastat ]lend Says & Estuaries Frogturn.Inc., by Special 'P/arranty #toed dated April 22, 2003 and recorded in Clerk's Pile No. 518347 of the Real Property Recordsof Son Patt do County, Texas, for iheenat comer of this tract; wheace the north comer of said 8,646 acts tract of land bears North 18° 31' Do" East, a distance of 34133 &C4 and whence a 518" lroa rod found in the Southeast lino of said 46.117 nu,re tract bears South 060 07' 49" Bast, a distance of 1092.10 feet; ` 7iecatce South 466 261531, West along the northwest line of said 46.117 acre tract, the southeast line of said 8,646 aura tract, and the southeast line of this tract, a distance of 54.33 feet to a point foronglocomw of this tract; Thence South 77° 48' 22!* West continuing along the southeast tine of this tract, a distance of 47.81 fret to a point for an angle comer of this tract; Thence South 70° 40' 47" West conlptuing along the Southeast tine of this tract, a distance o(48.97 feat to a point for en angle comer of this tract; Thence South 660 31'3511 Waal cmttlnulog along the southeast line of this tract, a distance 01`279.21 foci to a point for the south Comer of this tract; Thence North 500 S4' 24" Weat along the southwest life of this tract, It distance of 20.60 M to a point in Ike sovaiust tight -e: way lino of llniott Pacific Railroad and the northwest lints of said 84646 aoro Creel, for the west cotaer of this tract; Thence North 49° 56' 09" East along the sautheastrighl of -way line of said Union ftffic EWh *O, the northwest Tina of said 8.646 acre tract, and the northwest line of this tract, a distance of 4l.02 feet to a point for an eagle comer of this treat; whence the north corner of said 8.646 sore Crate of land beats North 46° 18'4T" Bast. a distance of 666.62 feet; and whonco a 51B' iron rod hund at the saeth cornet of said 46.117 acts tract boars South 199 45' 09" West, e distenoe of 2179.48 &or. Thence North 66° 31'35" East along the northwest lime of oils tract, n distance of 250.48 foot to a point for an angle corner of this tract; Thence North Tr 40'47" Past continuing along the nu&west line of this tract, a distance o451.93 Beet to a point for an angle corner of this tract; TI moe North 77 °48'22" Salt oontinuing along thanosthwest line-of this tract, n dktanca of 34.10 feat to a pobtt for An angle a merof this tmcl. Thetteo NwA 806 09' S8" Hass ooatindlug along the northwest liae of" tract, a dldtruttrs of 42,01 feet to the Point of begtaaing, conloW 0.276 ages (12,036.03 % fl.) of land, more or less, subject to all casemmis ofrecord, Bearings in this deacdption are based on a OPS Survoy. Texas QoordWts System of 1927, South Zone. Vt Me Ameles. Registated Professional Lad SumeyorofTexu. do jtetcby stato that this deecriptioarepri UM aq Aotual survey made an the grand this tits 18th day ofI+lovember, 2009. Regietered ProfaWanal Trend Surveyor Texas R*&tmdco No. 59BB A p! "- "WaoIs #6 metes endboumis das4UO& 2 4 Bearings in this deacdption are based on a OPS Survoy. Texas QoordWts System of 1927, South Zone. Vt Me Ameles. Registated Professional Lad SumeyorofTexu. do jtetcby stato that this deecriptioarepri UM aq Aotual survey made an the grand this tits 18th day ofI+lovember, 2009. Regietered ProfaWanal Trend Surveyor Texas R*&tmdco No. 59BB A p! "- "WaoIs #6 metes endboumis das4UO& 2 0 •'. Its tM ti dl 4 � 6L4 tin�u 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 (Traci 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 it That the foregoing ordinance was read for the first time and passed to its second reading on this the 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 Marls Scott - David Loeb PASSED AND APPROVED on this the day of 2013. ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor File: \Mprojec# \councilexh \exhMaryRHOOESEASEMENT N PROJECT LOCATION k A-, LOCATION Wr m sate A Qv Qo o O�C r Q w� I,, IN9 i VICINITY MAP MOT TO SCALE TRACT 3C 8.646 ACRES CfTY OF CORPUS CHRISTI SAN PATRICIO MUNICIPAL WATER DIST. CITY COUNCIL EXHIBIT CITY AMENDMENT TO WATERLINE EASEMENT PAR of CORPUS SERI G RME DEPARTMENT OF ENGINEERING SERVICES TRACT 3C - CITY OF CORPUS CHRISTI PAGE: I of 1 1 11 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, lnc. Amendment No. 13) ..... ............................... 121,050.00 Consultant (KSA Engineers, Inc. Amendment No. 14) ..... ............................... 140,000.00 Geotecbnical & Construction Materials Testing (Estimated). ................. _......... 50,000.00 Reimbursements: Contract Administration (Contract Preparatio n/Award/Ad min) .......................... 68,750.00 Engineering Services (Project MgttConstr MgtfTraffic 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 K4Engineedng DataE=hange4Lynda4LEGI5TAR%FY 1342 -Feb 124Airport Amendment 14Trojeet 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 - ation, CITY ", acting through its duly authorized City Manager or designee ( "City Engineer"), and Engineers, Inc. of Longview, Texas, acting through its duly authorized representative who is H. Young, President, (CONSULTANT), which agree as follows: 1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in ion with City's project, described as follows: Construct East GA Extension, tProiiect No. 1 "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 Centsl (in words) for a total revised fee not to exceed $3,695,150.20 (in figures), (Three Miliion'Six Hundred Ninety Five Thousand One Hundred Fifty Ddllars and Twenty Cents ) (in words) . CITY OF CORPUS CHRISTI Oscar R. Martinez (hate) Assistant City Manager RECOMMENDED: 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) KSA ENGINEERS, INC. Jo ie . Youn (Date) resi ent 1 . Tyler, S ' 600 Longview, TX 75601 (972) 542 -2995 (972) 542 -6750 Project No, E12156B Funding source: Airport 2012 CO CIP Fd 550950- 3026 - 00000- 050E12166B tAo 000.00 Encumbrance Number: DEC 2 8 2012 CONTRACT MANAGERS 3INFERINGDATAEXCHANGE4CLARISSAJIAIRPORT\ Ef2i56BCONSTRUCTEASTGAEXTENSIOW SAAMENDMENTNO.l4- CONTRACPAMEN NO.14 ENGINEERS.DOCX This is Amendment No. 14, consisting of !2 pages. lit A, Idment No. 14 Order No, 10 In aacordance with this Contract for A/E Professional Services between the City of .Corpus Christi, Texas (07 and K.SA Engineers, Inc. (Engineer) for Professional Services, dated ( "Agreement "), constituting authorization by the CITY for the Engineer to provide engineering scrviees 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. CIT'Y's Responsibilities CITY shall have those responsibilities set forth in Exhibit A of this Contract. 4. Time for Rendering Services Service Time Re uirement Com letion Date 1. Final Design Phase 16 weeks 1 May 2013 City of Corpus Christi, Texas Amen mentNo.14 AMEND. N4. 14 Task order No. to EXHIBIT "A" l of2 CRP -025M Page 1 of 2 W. Payments for the Engineer In return for the services described above, the CITE.' shall pay the Engineer as described below. The total cost of all services provided under this Ammdment will not exceed $ 140 000,00 without prior viritten approval by the CITY. Service Fees 1. Final Desi &n Phase: _ $140,000.00 TOE $140,000.00 I. 14 A„ 2 „ Exhibit B FEE SCHEDULE KSA Engineers, Inc. CONTRACT FOR PROFESSIONAL A/E SERVICES CITY OF CORPUS CHRISTI FOR CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI, TEXAS AMEND. NO. 14 EXHIBIT "B” _Pagel of 2 Original Contract TASK FEE 'bask Order No. 1 , Preparation of Environmental Assessment $161,649.00 Task Order No. 2 —AGIS Airspace Analysis and Data Submittal /U load $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 Connectin Taxiwa 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 Survey, 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 Improvements $24,150.00 Amendment No. 4 Additional Desktop Biological and Jurisdictional Waters Evaluation (Supplement to Task Order No. 1 $4,02$.45 Amendment No. 5 Ihfield Taxiway Connectors /Runway 17 -35 Project r Su lement to Task Order No. 3 $100,000.00 Amendment No. 6 Infield Taxiway ConnectodRunway 17 -35 Project $40,000.00 (Supplement to Task O_ rder No, 3 Amendment No. 7 Infield (Supplement Taxiway Connectors /Runway 13-31 Project $201,800.00 to Task Order No. 4 AMEND. NO. 14 EXHIBIT "B” _Pagel of 2 ADDITIONAL CONTRACTS Sanitizer Installation Design Amendment No. 8 Revise 01ligence ($upplernent Environmental Assessment and Perform Environmental Due Audit (EDDA) for NAVAID Relocations to Task Order No, 1 $16,010.00 Jetway Bridge Holding Position Markings & Diversion Aircraft Parking Layout Total Fee $16,925.00 Amendment No. 9 bask Extension/Displacement Order No. 8 - Construction Administration Fees for RWY 17 -35 and Connecting Taxiways Project $1,000,000.00 Total Fee $11,672.50 Amendment No. 10 AGIS 11600' Attribute Revisions for the Truncation of RWY 13 Extension. from to 1000' Su lement to Task Order No. 2 $8-57325 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 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 V d Aircraft Jet Engine Ingestion Zone Markings to the Holding Position rkin s at Gates 1, 313 and 6A Total Fee $11,672.50 Resident Project Re resentative for Sanitizer Installation Total Fee $4,500.00 AMEND. NO. U EXHIBIT "B" Page 2 of 2 SUPPLI£RNUMBER TO BE ASSIGNED BYZMTY- PURCSASING DIVISION Of CITY OF CORPUS CHRISTI us DISCLOSURE OF INTEREST sti y of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business h the City to provide the following information. Every question must be answered. If. the question is applica le, answer with "NA ". See reverse side or Filing Requirements, Certifications and ANY NAME: RSA Engineers, Inc. O. BOX: STREET ADDRESS: 140 E. Tyler, Suite 600 FIRM 1S: t. Corporation [� 2. 4. Association u S. CITY: Longview Zip: 75601 Paftership 3. Sole Owner E] Other DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this age or attach separate sheet. I. State the names of each :.:employee" of the City of Corpus hristi hiving an "ownership interest" constituting 3% or more of the ownership In the above named "firm." Name Job Title and City Department. (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 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 41. 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 contraet 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 FILING REQUIREMENTS . z who requests official action on a matter knows that the requested action will confer an Benefit on any City official or employee that is distinguishable from the effect that the action n members of the public in general or a substantial segment thereof, you shall disclose that fact ['writing to the City official; employee or body that has been requested to act in the matter, interest of the City official or employee in the matter is apparent. The disclosure shall also be ,igned writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION that all information provided is true and correct as of the date of this statement, that I have not withheld disclosure of any information requested; and that supplemental statements will be ubmitted to the City of Corpus Christi, Texas as changes occur. Person; Joncie H. Young Title: President (Type or Print) / Signature of Certifying Date: j Person: c—v____, !� �7, 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 leave 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. £ "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.l "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. EXMBIT "C" Page 2 1 Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029665 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 A- The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is amended -to accelerate Project No. Ell 2156B Construct East General AViaticin 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 , 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 File F.M. councilexhibitsl exhE121 3 �RRO UP r a �kR a Qo w s° � � o o z � U HWY 44 i PROJECT.LOCATION l IdWY 4& RD. IN37 NVECES DAY LOCAVON MAP NOT TO SCALE PONT V + N CORPUS C3-IRISTT DAY Au"] - N X, EA TAP ON PROJECT IT COQ \A —\d r I ,Q� ti j I c l I \� \\ L--j � PROJECT # E12156B SITE PLAN NOT TO SCALE I MA East General Aviation CITY COUNCIL EXHIBIT Apron Reconstruction CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 IdWY 4& RD. IN37 NVECES DAY LOCAVON MAP NOT TO SCALE PONT V + N CORPUS C3-IRISTT DAY Au"] - N X, EA TAP ON PROJECT IT COQ \A —\d r I ,Q� ti j I c l I \� \\ L--j � PROJECT # E12156B SITE PLAN NOT TO SCALE I MA East General Aviation CITY COUNCIL EXHIBIT Apron Reconstruction CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 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 Secur ' 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 DevelopmeRt SepviGes shall have discretionary authority to approve subdivision plats for recordation prior to completion of improvements required by this Article under the following conditions: Page 1 of 5 °8.1.10.8. Upon written application FeGammendation frem }ham Assistant Assistant ii� C reasonable cause exists improvements for plat reci following conditions are met by the developer, aF4 Planning Commission, the Manager may determine to delay the required )rdation 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 cast of the delayed public improvements as estimated by developer's engineer and accepted by the Assistant City Manager of Development Seryir.r.n• 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. Z, Water and sewer service are available to serve the subdivision. 3. The developer has executed an 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 i. 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 aoproved 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 DevelgpMeflt SewiGes 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, an—a standard form agreement may be approved by the City GeunGil _Assistant City Manager for such governmental entity or political subdivision on the same basis as provided above without requiring a cash bond or financial secu rity. °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 of Deyelapment CG3RilI+LSC • OGTTTOGQ. 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 , 2013, by the following votes: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Page 4of5 Th'e 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 Marls Scott day of —12013. Nelda Martinez Mayor Page 5 of 5 DEFERMENT AGREEMENT ATE OF TEXAS § 1UNTY OF NUECES § This deferment agreement ( "Agreement ") is entered into between the City of Corpus Christi ( "City "), a Texas home -rule municipality, and «NAME» ( "Developer "), a «STATE» «TYPE OF ENTITY)), in order to defer the completion of certain required public improvements prior to recording the final plat of «LEGAL DESCRIPTION)) (the "Plat"). A copy of the Plat is attached and incorporated by reference into this Agreement as Exhibit 1. The owners of the affected real property subject to the Plat and benefitted by this Agreement, to wit: «INSERT NAMES OF PROPERTY OWNERS» , seek to have the Developer, acting as agent on the owners' behalf, enter into this Agreement with the City to defer construction of the required public improvements. WHEREAS, the Developer is obligated under Section 8.1.10 of the Unified Development Code ( "UDC ") to construct not less than seventy -five percent (75 %) of the required public improvements before the final Plat is endorsed by the City's City Engineer or Development Services Engineer, as applicable ( "City Engineer'); WHEREAS, the Developer is seeking to delay the construction of the required public improvements ( "Deferred Improvements ") shown in Exhibit 2, which exhibit is attached and incorporated by reference into this Agreement, and to have the Plat fled immediately with the County Clerk of Nueces County, Texas; WHEREAS, in order to have the Plat filed prior to completion of the Deferred Improvements, the Developer agrees to deposit with the City a form of pre - approved financial security authorized by Section 3.30.1 of the UDC in the amount of «Dollar Amount Written Out» ($«Dollar Amount))), representing 110% of the estimated cost of constructing the Deferred Improvements as shown in the cost estimate. which cost estimate is attached and incorporated by reference into this Agreement as Exhibit 3; WHEREAS, water and sewer service are available to serve the subdivision, and the Developer has completed all other subdivision requirements, park dedications, park deferment agreements, maintenance agreements, and all special covenants; WHEREAS, the Assistant City Manager and City Attorney have both approved transaction; and WHEREAS, the Developer is entering into this Agreement pursuant to Section 8.1.10 of the UDC in order to defer construction and record the final Plat. rd Form Deferment Agreement 312013 page 1 of 8 E ', THEREFORE, for the consideration set forth in this Agreement, the City and loper agree as follows: The preamble to this Agreement is included as substantive content in this instrument and upon which both parties to this Agreement have relied and will continue to rely during the term of this Agreement. In consideration of the Developer's request to enter into this Agreement and the posting of approved financial security, the City agrees to waive the requirement that construction of the Deferred Improvements be at least 75% completed before the final Plat is endorsed by the City Engineer and filed for record with the County Clerk of Nueces County, and City further agrees to allow the Developer to-delay construction of the Deferred Improvements up to the expiration of the time period stated in paragraph 27 of this Agreement. . 3. As a condition of this Agreement, the Developer agrees to deposit with the City DOLLAR AMOUNT WRITTEN OUT» ($«DOLLAR AMOUNT>>), as a form of financial security authorized in Section 3.30.1 of the UDC, upon execution of this Agreement or before the filing of the Plat. The financial security must provide for 110% of the estimated cost of constructing the required Deferred "I'm' provements, as those costs are shown in Exhibit 3. The Developer acknowledges and specifically agrees that, in the event the financial security ,required by this Agreement has not been deposited with the City before the filing of the Plat in the official public records of Nueces County, this Agreement is NULL AND VOID WITHOUT ANY NOTICE OR FURTHER ACTION REQUIRED BY EITHER PARTY. 4. If a letter of credit is utilized as financial security under this Agreement, the content of the irrevocable letter of credit must be pre - approved by the City's Director of Financial Services ( "Finance Director ") and City Attorney, be issued by a banking institution having a local branch office within the State of Texas (Corpus Christi location preferred), be valid for a period of twelve (12) months from the date of issuance or longer, and require, as sole documentation for payment, a statement in writing from the City's Assistant City Manager setting forth (i) the circumstances of default giving rise to the draft or (ii) the Developer's failure to furnish proof of renewal not less than thirty (30) days prior to the expiration of the then current letter of credit [see the paragraph below regarding renewal], and accompanied by a properly drawn draft not to exceed the face value of the letter of credit. 5. If the form of financial security is a letter of credit, the Developer must ensure that the letter of credit is kept valid at all times. The letter of credit must be renewed by the Developer before expiration, and proof of such renewal must be received by the City at least thirty (30) days prior to the expiration of the then current letter of credit. If timely renewal is not received by the City, or cash in lieu thereof is not deposited as financial security with the City, the City may, after ten (10) days Standard Form Deferment Agreement 312013 Page 2 of 8 C:1 prior written notice to the Developer, call (redeem) the letter of credit for failure to timely renew. If the letter of credit is called for failure to timely renew, the funds will be held in an account as if cash had been posted by the Developer for this Agreement in lieu of the letter of credit. The City shall not be liable for interest on any letter of credit so called nor shall the City be liable to the Developer for the accrual or payment of interest on any type of financial security posted by the Developer pursuant to this Agreement. In accordance with the provisions set out in Section 3.30.1 of the UDC, as it may be amended, the City may accept other types of financial guarantees for deferment agreements subject to the approval of the Finance Director and the City Attorney. In the event the Developer desires to use and the City agrees to accept an alternate form of financial guarantee other than a cash deposit or an irrevocable letter of credit as security for this Agreement, such other security - specific financial guarantee's terms and conditions pertaining to issuance, redemption, restrictions, limitations, and use as made be made subject to this Agreement shall be as further set out in an addendum to this Agreement, which addendum is to be attached to this Agreement-and the content incorporated by reference into this Agreement as "Addendum A." The parties agree that, should there be, by the attachment and incorporation of Addendum A to this Agreement, any conflict in the terms, conditions, or requirements stated in this Agreement (including its exhibits) and Addendum A, the provisions of Addendum A take precedence over conflicting terms in the Agreement and its exhibits. All other provisions in the Agreement (and its exhibits) not in conflict with Addendum A control otherwise by agreement of the parties. 7. Unless otherwise stated in this Agreement, any notice required or permitted to be given by either party shall be in writing and must be given by personal delivery, fax, or certified mail, return receipt requested, postage prepaid, and notice is deemed sufficiently given if addressed to the appropriate party at the address shown for the party in the signature block of this Agreement or faxed to the fax phone number shown in the signature block for the party. Any party may, by notice to the other in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes. 8.4 Time is of the essence in the performance of this Agreement. 9. Detailed construction drawings must be provided by the Developer and approved by the City's Departments of Development Services and Engineering prior to the start of construction of the Deferred Improvements. The Developer shall construct the Deferred Improvements in accordance with the City's engineering standards in effect at the time of construction and in accordance with the construction drawings approved by the City departments pursuant to the paragraph above. dard Form Deferment Agreement 312013 Page 3 of 8 11 Upon completion of the Deferred Improvements by the Developer as verified by the Assistant City Manager and Director of Development Services and within the time period stated in paragraph 27 of this Agreement, acceptance of the Deferred Improvements by the City Engineer, and compliance by the Developer with the remaining terms of the Agreement, the City Engineer shall- a. Immediately release the Developer from the obligations to construct the Deferred Improvements by mailing a release letter to Developer at the address shown above Developer's signature line in this Agreement. b. Return to the Developer within sixty (60) days of the completion of the construction of the Deferred Improvements and settlement of the actual construction costs, or within sixty (60) days of acceptance of the Deferred Improvements by the City, whichever is later, any balance remaining of all monies received by the City from the Developer. 12. 'if the Developer has not begun construction of the Deferred] m prove m ents at least thirty (30) days prior to the date stated in paragraph 27 of this Agreement, the Developer agrees that the City, after notice in writing to the Developer, may accelerate payment or performance or require additional financial security when the City deems itself at risk as to the prospect of performance or payment based on a demonstrated reasonable basis. In addition, if the Developer.defaults and fails to deposit any increased security after notice and an opportunity to cure, the City may transfer the cash funds received or call (redeem) the letter of credit and transfer the funds (if the financial security provided was in the form of a letter of credit) to the appropriate City account, and the City may begin completion of the construction of the Deferred Improvements. If City constructs all or any part of the required Deferred Improvements, the Developer shall reimburse the City for any additional costs related to completion of the Deferred Improvements within thirty (30) days after the City completes the required Deferred Improvements and invoices the Developer if the funds on account prove inadequate for the City to complete the Deferred Improvements. 13. In accordance with Section 8.1.10.B of the UDC, an increase in financial security from the Developer may be required on an annual basis if the City deems itself, in the sole discretion of the City, insecure as to the prospect of payment or performance on a demonstrated reasonable basis or it reasonably determines that the financial security does not provide for 110% coverage of the estimated construction costs. The City and Developer agree that, if the Developer formally vacates the current Plat with approval of the Planning Commission prior to the deadline for completion of construction of the Deferred Improvements, any money received by the City from the Developer remaining on deposit will be released and immediately returned to the Developer. dard Form Deferment Agreement 312013 Page 4 of 8 15. If Developer defaults in any of its covenants or obligations under this Agreement [excluding failure to timely renew a letter of credit, post additional security, or as may be made applicable by Addendum A, for which the default provisions are separately addressed in this document], the City Engineer shall send written notice to the Developer [(and may send notice to the Developer's project engineer ( "Project Engineer"), if such address is known by the City] by certified mail, return receipt requested, advising the Developer of the default and giving the Developer thirty (30) days from date of receipt of the notice letter to cure the default. If the Developer fails to cure the default after receipt of notice and opportunity to cure, the City Engineer may transfer any funds received to the appropriate fund of the City in order to complete the Deferred Improvements. In the event there are any funds received.by the Cityfrom the Developer remaining after the City has completed construction of the Deferred Improvements, the excess funds will be refunded to the Developer within sixty (60) days of the completion of construction of the Deferred Improvements and settlement of the actual construction costs. 16. The City reserves the right not to issue certificates of occupancy for all or any portion of the real property that is the subject of the Plat until the Deferred Improvements are constructed, installed in working order, and accepted by the City Engineer in accordance with the provisions of this Agreement. 17. No party may assign this Agreement or any rights under this Agreement without the prior written approval of the other party and by amendment to this Agreement. 18. By execution of this Agreement, the Developer covenants to construct the Deferred Improvements required by this Agreement, and this covenant shall be a covenant running with the land. The City, at the Developer's expense, shall file for record this Agreement in the official public records of Nueces County. 19. With the exception of Addendum A made applicable pursuant to paragraph 6, no changes or modifications to this Agreement may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application thereof to any person or circum- stance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which, it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. arcs Form Deferment Agreement 3/2013 Page 5 of 8 21. The Developer shall, in compliance with Section 2 -349 of the City's Code of Ordinances, complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit 4, the contents of which, as a completed form, are incorporated in this Agreement by reference as if fully set out here in its entirety. The Developer shall comply with all federal, State, and local laws, regulations, and rules applicable to performance of this Agreement. 23. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this Agreement are performable in Nueces County, Texas. Venue for.all actions arising from or pursuant to this Agreement shall be brought in Nueces County, Texas. 24. Strict performance of the provisions of this Agreement by the Developer is required by the City as a condition of this Agreement. The Developer specifically acknowledges anti °agrees that failure by the Developer to adhere or comply with any term, condition., or requirement of this Agreement constitutes .a default of this Agreement. 25. All signatories to this Agreement warrant and guarantee that they have the authority to act on behalf of the person or entity represented and make this Agreement binding and enforceable by their signature. 26. This Agreement is to be executed in duplicate, each of which constitutes an original document. This Agreement becomes effective and is binding upon and inures to the benefit of the City and Developer and their successors and assigns from and after the date the Agreement has been executed by all signatories. This Agreement terminates «INSERT NUMBER OF MONTHS)) months from the date executed by the last party signing this Agreement. EXECUTED IN DUPLICATE ORIGINALS this day of , 20 CITY OF CORPUS CHRISTI P. O. Box 9277 Corpus Christi, TX 78469 -9277 (331) 826 -3240 Office (361) 826 -4428 Fax Signature Printed Name: Title; Assistant City Manager Standard Form Deferment Agreement 3/2013 Page 6 of 8 APPROVED AS A STANDARD FORM LEGAL DOCUMENT: , 20 CITY ATTORNEY Signature Printed Name: Title: Assistant City Attorney DEVELOPER Address» (<City, State ZIP)) (<<Area Code») ((Phone Number)) Office (((Area Code») «Phone Number» Fax -Signature Printed Name: Title: Date: STATE OF § COUNTY OF § This instrument was acknowledged before me on 20 , by < Developer», a < State» <Type of Entity)), on behalf of the «Type of Entity)). Notary Public's Signature Cached and incorporated by reference into this Agreement: ,hibit 1 — Plat chibit 2 — Required Public Improvements chibit 3 — Cost Estimate hibit 4 — Disclosure of Interests �dendum A — if applicable pursuant to paragraph 6 ndard Form Deferment Agreement 312013 Page 7 of 8 Ciky of Corpus Christi Department of Development Services Aitn: Director 2406 Leopard Street Corpus Christi, TX 78401 NAL DOCUMENT TO: Form Deferment Agreement 312013 Page 8 of 8 II� l S s r�s 9$d qq. d�- ci z� 1 >so Q' Ci n'Y' ;8 :v5 oa 24 o u a m� 0. �— sag Y�. 'Asenslilog �fRFAN 4t!to5: ,< c i I c ` i b e ! jj m�a o 6 x �.cc lyU c C r So IL . c .. n S 3d 8� N `... °D alp ° m 10. Is I 1 E.a� — L;a a lag i i r 1 jdlwa P P gC tr�g' m ... - - 41C 1 s v O I 1 0 3j N: O O R cq TON X >. 0 m 6 U� � 3^ W. RR11 ��ssrr ��lo.a � 9 BLRit. m: itb C &';iSY pN K� O,od y3kb C1 N: O O R cq TON X >. 0 m 6 U� � 3^ W. m m X K� m m X I South Alameda Street L--,L P C C–M s uers r� As K S. dL5 xEW1ari r I —211W WC C -900 �- -� DIX-= cis LME S llSu� URBA f0 O ST4 � l.N1E >a E14SWV7M ENGINEERING E%ISW FK WDFUNf CORPUS CHRISTI, TEXAS lindole Firm No, 145: 2725 Srontrw St., C«pm Chrlsk U 76104 AIM WER LK PHONE: (361) 554 -3101 FAX: (351) 654 -6001 N WN ME NYWM JOB NO. 41860.80.01 MFH/crr FA RRE NYMW October 13, 2010 — a«om: PvcY1111111MOME N 100 50 0 100 200 RR PERWIENf PAYE W REPNR PR TOWORRW PAVOMW REPAR � GRAPHIC SCALE ight 2010 Urban Engineering 1 " =100, F ffm Apw mm 18f EXHIBIT 2 N - m 0 ° Block D Block D Block D T o aeea Lot 21 Lot 22 Lot 23 1,322 Acres 1.466 Acres 1.181 Acres 57578.38sf 63602865f 51431.858E D(IS11NG BUILDING etlp1s� rFM im>W EM. 9VR gYEfi LINE s faS llE Q Efasm e .� NE'M-m CCYC :,� �. y` C 28' B� C Li.- Pork SuEElvislon 5..fi n 4 . 11, Pg. 14, Nop Records of N•, ecw Coun{y, Lex M1 LNE W/W u � �yE � �� �� B ���rFum Ai �,a $� r [p As mft 66 Lot Lat 2 In 3 of 4 Lot 5 Lt L iet 7 IDS $ Lot 9 Lnt 10 Lot 11 Lot 1 13 Lt 14 van %wen 5 Let 16 18 Lot i9 Lot 26 M1 y y1 P W LAN mo S A 22 and 23; p SUBDIVISION SECTION 4 CFRISTL TEXAS -� DIX-= cis LME S llSu� URBA f0 O ST4 � l.N1E >a E14SWV7M ENGINEERING E%ISW FK WDFUNf CORPUS CHRISTI, TEXAS EXWW S10f IN1Ef Firm No, 145: 2725 Srontrw St., C«pm Chrlsk U 76104 AIM WER LK PHONE: (361) 554 -3101 FAX: (351) 654 -6001 WN ME NYWM JOB NO. 41860.80.01 MFH/crr FA RRE NYMW October 13, 2010 — CENIFR K PvcY1111111MOME PK 150 100 50 0 100 200 RR PERWIENf PAYE W REPNR PR TOWORRW PAVOMW REPAR GRAPHIC SCALE ight 2010 Urban Engineering 1 " =100, EXHIBIT 2 (Plan to be signed and sealed by Engineer) Engineer's Cost Estimate for XXXXX ITEM DESCRIPTION QUAN. UNIT UNIT TOTAL 6 PRICE COST A. WATER IMPROVEMENTS: 1 8 €' PVC C -900 1,162 LF $30.00 $34,860.00 2 8 €' Gate Valve and Box 4 EA $860.00 $3,440.00 3 O' Ductile Iron Tee 2 EA $350.00 $700.00 4 Fire Hydrant Assembly Complete In-place 4 EA $3,200.00 $12,800.00 5 8" Ductile Iron Pipeline Deflection 2 EA $1,200.00 $2,400.00 6 Tie to Existing Waterline 2 EA $750.00 $1,500.00 7; 8" Tapping Sleeve & 8" Tapping Gate Valve 2 EA $2,250.00 $4;500.00 8 Temporary Pavement Repair 902 LF $'w $5,998.30 9 Permanent Pavement Repair 290 LF 1 41ff.00 1,,r $2,900.00 WATER - TOTAL: ,098.30 B. MISCELLANEOUS IMPROVEMENTS $10,000.00 _ General Conditions, Bonds and Insurance L $ 0 2-.. SWP3 Items $1,000.00 $1,000.00 $11,000.00 ELLANEOUS SUB-TOTAL: STRUCTION TOTAL: $80,098.30 ENGINEERING AND ADMINISTRqL10 1 Engineering @ 10% of onstru $8,009.83 2 Topographic Sury W $2,500.00 3 Construction Tesirg 19910L $3,000.00 4 Construction StaAfAlOWS of construction $2,402.95 TOTAL ADMIN: $15,912.78 I TOTAL COST: $96,011.08 ADDITIONAL 10% FOR DEFERMENT: $9,601.11 TOTAL REQUIRED DEFERMENT: $105,612.19 E t EXHIBIT 3 Of City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469 -9277 (361) 826 -3240 Located at: 2406 Leopard Street (Comer of Leopard St. and Port Ave.) 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 ". STREET: CITY: FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner ❑ Association ❑ Other. DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page o<an eparate sheet. 1. State the names of each "employee" of the City of Corpus C ha an "ownership interest" constituting 3% or more of the ownership in the above named "fi Name Job Title Depa nt (if known) ZIP: 2. State the names of each "official' of the u constituting 3% or more of the ownership i e Name le LIA "firm ". having an "ownership interest" 3. State the names of each "b ber'he City of Corpus Christi having an "ownership interest" constituting 3% or more of t wn a above named "firm ". Name Board, Commission, or Committee 4. State the names of ea ployee 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 3a /o or more of the ownership in the above named "firm ". Name Consultant 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 CO of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Print) Signature of Certifying Person: Dater S:1bEVELOPMENISVCSISHAREDILAND DEVEL0PMEN710R1AINANCE ADM MSTRATIONSAPPLICATION FORMSSFORMS AS PER LEGALU01201SCLOSURE OF iN£ERESTS SfATEh=1.27.12.DOC EXH I BIT 4 - . page 1 of 2 DEFINITIONS a. "Board Member"., A member of any board, commission or Corpus Christi, Texas. b.. :`Employee'. Any person employed by the City of C not as an independent contractor. City Council of the City of on a full or part time basis, but e. "Firm ". Any entity operated for economic g - w rofessional, industrial or commercial and whether established to produce or deal with a product ice, luding but not limited to, entities operated in the form of sole proprietorship, as self- employed pers ne corporation, joint stock company, joint venture, receivership or trust and entities which, for purp s xa are treated as non - profit organizations. d. "Official ". The Mayor, members of C cil, ity Manager, Deputy City Manager, Assistant City Managers, Department and Division He n ipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest ". Legal le in t, whether actually or constructively held, in a firm, including when such interest is held th gh t, ust, estate or holding entity. "Constructively held" refers to holding or control establishe r g trusts, proxies or special terms of venture or partnership agreements. f. "Consultant ". An erso h as engineers and architects, hired by the City of Corpus Christi for the purpose of profe u on nd recommendation. K TEVELOPNIENTSVCMAREM -AND DEVELOPIUIENTIORDINANCE ADNMUSTRATIOMAPPLICATTON FORMSIFORMS AS PER LEGAL120I25DISCLOSURE OF MERESTS STATEMENTI.27.I2,DOC _ EXHIBIT 4 Page 2 of 2 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 TE: February 8, 2013 TO: Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police flo ds 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 $1,000,000. 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 h +e 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.el., 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 re paid 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 red such as use of General Fund appropriations from the Police Department's operating get or the uncommitted fund balance in the General Fund. i the numerous delays in the building of the Public Safety Warehouse, we are now 'oaching on the expiration of the Saratoga lease. It will be much less expensive to build out second shell at this time rather than waiting until the entire building is completed. The iitect for the project was approved by City Council on 1131112. The plans for the full project completed and Engineering is ready to advertise for bids. ime 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." None None CITY POLICY: Conforms to all city policies. : Non - emergency DEPARTMENTALCLEARANCES: Engineering Finance ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable I 9iscal Year: 2012- 2;013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS One Item Budget Encumbered 1 E I xpended 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 Ivancing $1,000,000 in cash from the No. 1020 General Fund and propriating it in the No. 3350 Public Health & Safety Fund as a loan to id the Police Public Safety Warehouse Project No. 140252; loan to be paid from the No. 1061 Law Enforcement Trust Fund in the amount of 50,000 per year for four years at a simple interest rate of 4% annually; d amending the FY2012 -2013 Capital Improvement Budget adopted by dinance 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 K � Iley Allen Colleen McIntyre R k dy Garza Lillian Riojas Pr iscilla 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 AGENDA MEMORANDUM First Reading for the City Council Meeting of February 26, 2013 Second Reading for the City Council Meeting of March 19, 2013 TE: January 31, 2013 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, P.E., Director, Development Services MarkVV@cctexas.com 351.826.3246 Amendment to the Code of Ordinances, Chapter 14, Article 11, 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 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. 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: T e 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. Cleating new subsections 104.5.1 and 104.5.2 would set forth the requirements that thIird 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 p rformed 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 INON- EMERGENCY: This is a non - emergency item. DEPARTMENTAL CLEARANCES: Building Code Board of Appeals Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital d Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALANCE runu�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 RISTI, TEXAS: -SECTION 1. The Code of Ordinances, Chapter 14, "DEVELOPMENT SERVICES," Article ll, "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 lnternational 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 Ener gy Conservation Code is revised to read as follows: "104.5 Approved inspection agencies. The Buildinq Official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliabilily. "904.5.1 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 eneEgv 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 Development Services website for public viewing "11 04.5.2 Requirements for registered third party inspectors. Ca)-- Insurance —Third party inspectors are required to have $500,000 of commercial -general liability, with a combined sin le 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." (Renewal — All third party inspectors are required to submit an annual renewal and proof of current insurance to Development Services. "(3) Section 104.8 of the lntemational Ener gy 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 of Approval. 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 Cify shall contain: I) The name of the „company "ii Company address "iii Specific energy improvements offered b 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 Code Sec14 251 v05 Page 2 of 4 "104.8.4 Time Frame_ for Submitting 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. "(2!1) 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. :CTION 5. This ordinance and its requirements take effect on and after aril 1, 2013. Code Sec14 251 W5 Page 3 of 4 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 f 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 , 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 I i Energy ode Seel 251 rgy v05 Nelda Martinez Mayor Page 4 of 4 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 TE: January 31, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkW @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 30 201 Approval of the change of zoning from the "ON" Office District to the "RS -6" Single - Family 6 District. 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. e owners of this house are attempting to receive a mortgage on the property. cause the property does not conform to current code, this house cannot be rebuilt if it :re destroyed by more than 50% by a natural event. Therefore, the financial institution 1 not approve the mortgage. The applicant does not have plans to redevelop the )perty or change its use. 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 1 NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning /Environmental Services, Legal, and Planning Commission 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 1 Expended Amount This item BALAN C E Fund(s): Comments: None t 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 = Applicant/Owner: Jose Luis and Frances Martinez E -@ Legal Description /Location: Jackson Woods Subdivision Unit 1, v tm a Block G, Lot 17, located on the southeast corner of Gettysburg Street CL � 5 and Peach Tree Street. v From: "ON" Office District 0 To: "RS -6" Single- Family 6 District ,a o cr Area: 0.26 acres N W Purpose of Request: To eliminate the property's nonconforming status. Existing Zoning District: Existing Land Use Future Land Use Site "ON" Office Low Density Park CD Residential N 'E cc North "RS -6" Single- Family 6 Low Density Low Density o D Residential Residential N -a t South "ON" Office Low Density Park J Residential LA X 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 o Area Development Plan (ADP) and is planned for park uses. The proposed g change of zoning to the "RS -6" Single - Family 6 District is not consistent with a o the adopted Future Land Use Plan. Q j Map No.: 061049 Zoning Violations: None Transportation and Circulation: The subject property has approximately 75 0 C = feet of frontage along Gettysburg Street and 105 feet of frontage along Peach h o 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. I Street Urban Transportation Proposed Existing Traffic Volume p Plan Type Section Section (2011) Gettysburg Local Residential 50' ROW 50' ROW Not St. 28' paved 28' paved Available u� Peach Tree Local Residential 50' ROW 50' ROW Not St 28' paved 28' paved Available Zoning Report Case # 0193 -02 Jose and Frances Martinez Page 2 Requested Zoning: The applicant is requesting a change of zoning from the "ON" Office District to the "R5 -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. issi n AAproval 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 ca 0 As of January 31, 2013: In Favor — 2 (inside notification area); 0 (outside notification area) IL 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:VevelopmentSvcs\SHARED\ZONING CASES1201310113 -02 Jose and Francis Martinez10113 -02 Report for CC, Jose and Frances Martinez.docx 0 400 CASE: 0113 -02 2. SITE - EXISTING ZONING NU 1 !(a AKtA & UWNERSHIP RM -t Multifamily 1 IL Light Industrial RM -2 Multlfamlly2 N I w p " ry n PUi1 Planned Unit Oay. Overlay ON N JA 0 ANNE n N w RM -AT Mrrltlfamuy AT Q CNA m N p m `„ ^ hielghinorhood Commercial RS -TF TWO- Family CR-t Resort Commercial RS -13 Single - Family 15 CR -2 Resort Com merclal RE Residential Estate CG-1 General Commercial R&TH Townhouse M SUB�JE General Commercial SP Special Perm it Cl Intenslve Commercial N " � aY' M V wY� f Downtown Com mercial h CR-3 N N N 4 N M Farm Rural ry H y N rvr BP Business Park N WE \ — I8 22 b City of . a ^ d' Q Q M N at A ry . Chzjsti 27Y -/� sty V M 28 " 9 e M3 — 23 ^24� 14 2 p 0 1.2 " � s N M 1 N 21 M ys O M A& .:a _. 3rya VAR 1-3 n fi o m ^ Ot t q CLI w 0 400 CASE: 0113 -02 2. SITE - EXISTING ZONING subiect praperry O Owners with 200'burrer to favor Owners within 200' fisted on X Owners attached ovmership rabk- X in opposition NU 1 !(a AKtA & UWNERSHIP RM -t Multifamily 1 IL Light Industrial RM -2 Multlfamlly2 IH Heavy Industrial RM-3 Multifamily 3 PUi1 Planned Unit Oay. Overlay ON Professional Office RS -10 Single - Family 10 RM -AT Mrrltlfamuy AT RS-6 Single- Family B CNA Neighborhood Commercial RS-4.5 Single- Famlly4.5 CN -2 hielghinorhood Commercial RS -TF TWO- Family CR-t Resort Commercial RS -13 Single - Family 15 CR -2 Resort Com merclal RE Residential Estate CG-1 General Commercial R&TH Townhouse CG -2 General Commercial SP Special Perm it Cl Intenslve Commercial RV Recreational Vehicle Park CBD Downtown Com mercial RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park subiect praperry O Owners with 200'burrer to favor Owners within 200' fisted on X Owners attached ovmership rabk- X in opposition (j [-M.-Greared: 11f&!13 �e��sv ye� -, .. s'u��F�cry X04 PROS Rry 0, `� r Al \ l� x WE \ City of . S \ Corpus LOCATION MAP I �� . Chzjsti ! - °?,�3'.._ i - 9 MS =' 3 f - RUA Al A VOL i I 5rt Q �I. ttx i a f,., � _ � � ae,. � � "' � .�•. yam' a `� r6 �� ■ -� i-` � ar d- ` • xY.` Y�-.� � ?y�l� -��grL �, - .. 7 S _ � i- �rCZ V 3L�, SUP how Nlil OEM Mum � F � V 4� : v^ S' �+ j a; .:: LI TV ply NZ i' ,y `'i 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 represer is 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. i 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 day of '20 ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Page 2 of 2 w A N m ry 41 O A m It w M R +, ^N1 t IN F + w w w PRQPERTY\ m h k n m w � 1JJ M � ry V m n m M v ro 7 � m � N 6� w o n ry m m P 0 r C �4 400 CASE: 0113 -02 1. SU9JECT PROPERTY i ®Subject Property EXHIBIT A R - I = 4 1 C -21 A$ .a 0R-T MAR f3 m 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 TE: 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 I 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 I NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Legal . FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable ruIJUks1: 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 I $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 ruIJUks1: 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- :1.1.3 - "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 AASHTO American Association of State Hi-ghway Transportation Officials ANSI American National Standards Institute BP Business Park District CBD Downtown Commercial District I Min. I Minimum ON Nei hborhood Office District P Use Permitted By Right Page 1 of 8 1.11.3 Defined Terms AASHTO: The American Association of State Hiqhwav Transportation Officials. AASHTO Desiqn Guide: The American Association of State Highway Transportation Officials ( AASHTO) Guide for Desiqn 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 desiqn 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 — "Type 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 Securit ' 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 tlae- 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 adopted Gity design or technical criteria issued b_y 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 Desi n Standards prevail." "8.1.4 Type of Improvements Re uired 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:" 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 would will meet the re uirements 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 118.1.10. 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 eRgineeFiR9 6tandaFds 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 Englneer Authority. The City Engineer is- authorized to determine and issue the required design nc n standards and desiqn 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 Desiqn 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." 8.2A Streets All _streets shall, at a minimum, be designed and installed in accordance with the Comprehensive Plan, applicable area development and master plans, the aDproved Mobility Plan and the Design Standards- 1 . Streets _ shall be designed for a 30 -vear 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 required under the latest edition of the Design. 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 Desiqn Standards. Page 5 of 8 4. In the event of any conflicts between the Design Standards and any edition or supplement to the AASHTO Design Guide the Design Standards prevail.n "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. conyditions: "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, arad the Urban Transportation Plan, the approved Mobility Plan, and the Design 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 Develo meat Code Section 8.2.1 above, the Standards, and the approved Mobility Plan; and that the rivate street be in satisfactory condition for the safe use of such street by the general public upon acceptance by the City." 12. Street Liahtin Street lighting shall be in compliance with G:% ronuireFAeP c+ 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 Gity 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 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 votes: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian ,Riojas Mark Scott PASSED AND APPROVED this the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor 2013. Page 8of8 0 too a� A r CU N tv � � v c� O `~ cis U 0 too a� A 1. v 0.3 4.� �N .0 4—J U v 4� -I--1 v P4 r--q C n U � C) C'�7 F---R.; U Cd a� a--+ m :O 4--+ v 0 .0 V v 9) cz 4--+ L M� C U � � U 0 Q) Q E v N (u U -0 1.-1 m C� cu 0 CIO N N I OC O. C pC � O o � � .cl� � o v w M Cl) � � O +.j o �. .C.) 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N ,; N C00 000 u-� C) M F4 a n V a u-� m��\« )6 \ \ Aw • r-i v Q cuww a� i t-� AGENDA MEMORANDUM First Reading for the City Council Meeting of February 26, 2013 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 $142,645.50. 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. it 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: u 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 .442,645.50 0 142,645.50 BALANCE 0 142,645.50 0 142,645.50 runaks): -iu3i ruoiic, taucation ana vovernment 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 , 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 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of February 26, 2013 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 I NON-EMERGENCY: This item is a non- emergency. DEPARTMENTAL CLEARANCES: Legal Department FINANCIAL IMPACT: ❑ Operating © Revenue ❑ Capital ❑ Not applicable runaks): Tunas receiving the renate are listed on the attached spreadsheet. Comments: NIA RECOMMENDATION: Staff's recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Internal Service Fund Rebates it Project to Date Fiscal Year: Expenditures 2012 -2013 (CIP on! 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 0.001 0.00 runaks): Tunas receiving the renate are listed on the attached spreadsheet. Comments: NIA RECOMMENDATION: Staff's recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Internal Service Fund Rebates it 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 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 °Yollowing 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 Exhibit Summary of Internal Service Excess Fund Balances Recommended Rebate 4,300,000 2,300,000 6,600,000 Gen. Liability Workers Como 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 5210 MIS 146,171 74,247 220,418 3.34 %0 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: 11we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Nelda Martinez Mayor Council Members 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 Fund . 2,300,000 1020 General 1045 Red Light Camera 4010 Water 4130 Gas 4200 Wastewater 4300 Stormwater 4610 Airport 4670 Development Svcs 4690 Golf 4700 Marina 4710 Visitors' 5010 Stores 5110 Maint. Services 5210 MIS 5310 Engineering 5613 Risk Admin. 6060 LEPC 9010 Crime Control 4,300,000 . 2,300,000 6,600,000 Gen. Liability Workers Como TOTAL % 2,319,947 1,461,043 3,780,991 57.29 % 1,658 1,477 3,135 0.05% 688,930 163,308 852,238 12.91 % 163,876 100,053 263,929 4.00% 260,445 123,417 383,862 5.82% 71,186 59,916 131,102 1.99% 267,214 71,,461 338,675 5A3% 60,277 45,432 105,709 1.60% 12,465 5,142 17,607 0.27% 52,617 11,081 63,698 0.97% 25,037 7,391 32,428 0.49% 25,078 15,522 40,600 0.62% 86,084 62,789 148,873 2.26% 146,171 74,247 220,418 3.34% 61,048 46,177 107,226 1.62% 0 0 0 0.00 % 833 736 1,570 0.02% 57,133 50,806 107,938 1.64% Amount Rebated 4,300,000 2,300,000 6,600,000 100 % AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of February 26, 2613 Second Reading /Action Item for the City Council Meeting of March 19, 2013 DATE: February 5, 2413 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, 11C, 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 1 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 1 Expended Amount This item $26,290.60 BALANCE $961,Q14.84 i ui iukcyj. 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 16T 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 ( "Deveioper" ), 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 Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott PASSED AND APPROVED this the day of , 20 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor ME HS) 3AI M QNVISI 3dffVd HISON CL 0 O NaSgI0 NOSHI9 12L Li z a x a w W NNUSNI3H H a W Z J U) ME HS) 3AI M QNVISI 3dffVd HISON CL 0 O NaSgI0 NOSHI9 12L Li z a x a w W NNUSNI3H H a I s �SA Yc.KN S?,=� r� �:•) W � 'K+2 2 '� - �lr �^W Pal i 8 o a I a a k 3: P OR p9, 82 va�. U = �F In JZAdt -IL 99 17 w G c -p�- R- p3 VI g s��F x fi� Ws ni�a �t r sr aagda a s� h ;W15, M �_AA Y 10 �i" LJIN j Mile, - M g G... —_... hi+.¢slaJ ¢ . ©'� U ! •r, `a. m c £,a rg I,z � z9'' r I VIM w El X50 g EN can x N _. a rS Egg K. 3 4' ti `�d X5903 h -'d W '�q -S -M1 SXa"ffi I v F e 'v isrnrmns n�talsnaNi = do�ar� I i %n 3 5J5�AGT 'u 1&ICj' ZQ �'fh 4 "d._ 'kc"8.1 'h, 'flJ ._Nall, 7r 692 8 e. F: ES d -• � d'tl 9T b:'9d E26'i 'A SS€tl016 ".WW"! 1��5 =f1� ] t- 9 k]II"Ifi a N2110d [Ff i7'a"Jl. 7Y 342 � [ taY71L �a 498':'8 � I tl k Wtl77'._$3.NRI6V dC k3HHtlC'iS.,I1�JJIIS eOzx .. V 7 .LS :StE K.C2.(:I:.4b's 1 � c ED r_+ L X W 0 F- L) 7 A � R Z d � W N o > _ AGNES ST, " ' Nz w PROP ° A 8" WTR HWY 44 Lil F � � A w as Q Q r to z as Q o 0 z H z H La 'SITE' PROP 10" SS LINE EXHIBIT SH ❑WING ❑FFSITE SANITARY SEWER AND WATER IMPROVEMENTS, AIRPORT INDUSTRIAL SUBDIVISI ❑N, BLK 13+_ LOT 2 V = 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 APPLTCATI i1T FOR WATER LINE CREDIT THE STATE :QF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on =� 15T l'nvestmeilts, LLC, a. Texas Corporation. KATRiNA MARIE WILLIAMS Notary Pubilc, State of Texas my Commtss'lon Expires, July 06, 2614 by Of Exhibit D Mite: —Aaliclam-C C THE. STATBOF TEXAS § COUNTY OF NUE . CES § This. i1n.stroment'w9's acknowledged befi , re me an .20)3_� by S� U th__� ..._(Name) IST Investments, LLC, a:Texas Corporat i . on, on behalf of the said corpotation. gg-g-Ot' 00� MARIE 101 R R w b. Texas M'Oto tal uotary Public,'Stzle of., M my COMMissiog Expires July 08,1014. CERTIFICATION: The information submifted with, this application for r i b urs em en has been reviewer and determined to be. correct. Reimbursement is subject to-: (a) Efficiency of funds in the. Distri . bution Main. Trust Fund, and (b) App and approval by -the City CouncI il. Development �Oc�s tngr r (Date) Exhibit E AIRPORT INDUSTRIAL SUBDIVISION SUBTOTAL UNIT PRICE $500.00 $35.60 $465.00 $1,100.00 $2,150.00 $3,500.00 $45.00 Engineering and Surveying 11% SUBTOTAL SINCE ACREAGE FEE IS LESS THAN 50% OF OFFSITE WATER COST, DEVELOPER MUST PAY 50% OF OFFSITE WATER COST ='50%X$75,972.40 Less Acreage Fee Amount Reimburseable Exhibit F 1/11/2013 AMOUNT $500.00 $52,723.60 $4,650.00 $3,300.00 $2,150.00 $3,500.00 $1,620.00 $68,443.60 $7,528.80 $75,972.40 $37,986.20 - $11.695.60 $26,290.60 BLOCK 13, LOT 2 OFFSITE WATER REIMBURSEMENT ITEM NO. ITEM QTY. UNIT 1 8" TEE, DI 1 EA 2 8" PVC PIPE 1,481 LF 3 8" EL, DI ANY ANGLE 10 EA 4 8" GATE VALVE W1BOX 3 EA 5 8" TAPPING SADDLE W18" TAPPING GATE VALVE & BOX 1 EA 6 PAVEMENT PATCHING 1 LS 7 12" PVC PIPE CASING 36 LF SUBTOTAL UNIT PRICE $500.00 $35.60 $465.00 $1,100.00 $2,150.00 $3,500.00 $45.00 Engineering and Surveying 11% SUBTOTAL SINCE ACREAGE FEE IS LESS THAN 50% OF OFFSITE WATER COST, DEVELOPER MUST PAY 50% OF OFFSITE WATER COST ='50%X$75,972.40 Less Acreage Fee Amount Reimburseable Exhibit F 1/11/2013 AMOUNT $500.00 $52,723.60 $4,650.00 $3,300.00 $2,150.00 $3,500.00 $1,620.00 $68,443.60 $7,528.80 $75,972.40 $37,986.20 - $11.695.60 $26,290.60 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 deveiop a tract-of land, to w4: 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 front 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 1. 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 parry 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. DEVELOPERIOWNER 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 3of7 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 DeveloperlOwner 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 vFinai Page 4 of 7 EXHIBIT G City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. 0. 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 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, .rjghts, 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: 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: 2013 Elizabeth Hundley Assistant City Attorney for the City Attorney I5T INVESTMENTS, LLC By: Steven W. Tipps Manager STATE OF TEXAS § COUNTY OF § 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 Water Reimbursement Agmt 15T Investmts Airport Indus vFinal Page 7 of 7 EXHIBIT G a 21 x� lb a I o °� a� o '. 3 a S c Wlil It cn t5i it ap ,yam : „o fjE €E��5a a s s ;o� d s � I Q a �p V3. ��+�. ������ �a � psi I' P F� LiJJ � �:E�; in NINU INC A CD z ar O Azvvh "3 JC 'uG . -E39 l 3 jII 'ac s T03 ! 3 1 _ f: e. 3. reaas j 3 .. j .se NCIISIM49nS _r � Fj a z .,00'£90l AvF�3:,TE,t'N '� 'H BO d ]dM'EcTtll 'R S%�TH: Nlki lS S=id ]Y' '9 T']G3 � tiflI lied 'ro Q 97 M "2 Gc6 - - -'R I� C L Ya'wat7] AMU U - .153Nw.8]N 11 if31'Il:IJ 1S3nturAS WW GS YE. 4F rs 4:n1Q3 2!� 'SF -803 3W[1C3 .EfS tl 2 d 0_ , R.ID2,Sf. %S OS..S£ �9E H.1E.vF.>6'&$. s t W TRW Date_ _)A,,itta 01ZL t ..;Z I THE STATE OF TEXAS § COUNTY OF NUECES § This instrument. was ackhowledged Wore I5T Investrnents; LLC, a Texas Corporation, on behalf of thesdid corporation, uluup OTRIOA MARIE WILPAMS, Notary Public,., State of Texas my Commission .Expires July 08. 20.1.4 CERTIFICATION 20,13, by _(Tifle), of The :Wormqtion. submitted with ibis applicat'lOnfior re.itibursement . bas been reviewed and determined to be.c off ect, Reimbw.sementJs:s.ubjectto: (a),Effid offimdginthe�DishibutionMainTriL�t.lency Fund; and (b) Appropriation and approval by, the City Council.. Development Services E n gmeer (Dsfe Exhibit 2 F U a R F o z d � m � w M V N AGNES ST. " w ' N Z Q PROP. IF A 8" WTR Lo z J N HWY 44 w F Of W A a Fa 0 2 }- 0 F z fn 0 n uo z z w 2 " S I TE" PROP 10" SS LINE EXHIBIT SHOWING OFFSITE SANITARY SEWER AND WATER IMPROVEMENTS AIRPORT INDUSTRIAL SUBDIVISI ❑N BLK 13 LOT 2 V = 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 t -minit a AIRPORT INDUSTRIAL SUBDIVISION BLOCK 13, LOT 2 OFFSITE WATER REIMBURSEMENT ITEM NO. ITEM QTY. UNIT UNIT PRICE 1 8" TEE, DI 1 EA $500.00 2 8" PVC PIPE 1,481 LF $35.60 3 8" EL, DI ANY ANGLE 10 EA $465.00 4 8" GATE VALVE W1BOX 3 EA $1,100.00 5 8" TAPPING SADDLE W18" TAPPING GATE VALVE & BOX 1 EA $2,150.00 6 PAVEMENT PATCHING 1 LS $3,500.00 7 12" PVC PIPE CASING 36 LF $45.00 SUBTOTAL Engineering and Surveying 11% SUBTOTAL SINCE ACREAGE FEE IS LESS THAN 50% OF OFFSITE WATER COST, DEVELOPER MUST PAY 50% OF OFFSITE WATER COST = 50 %X$75,972.40 Less Acreage Fee Amount Reimburseable Exhibit 4 1/11/2013 AMOUNT $500.00 $52,723.60 $4,650.00 $3,300.00 $2,150.00 $3,500.00 $1,62.0.00 $68,443.60 $7,528.80 $75,972.40 $37,986.20 -111,695.66 $26,290.60 .01TY, OPOMUS.-CHFOU11 DISCLOSUR9 OF INTERESTS City.,of Corpus Christi ordinance 17112, as-arne� re 11"" 6 a firms seeking to do. business wish the, City to quiresa p.r§011s, t i �t: s: e answered pr�� he faffowi information. Every 1�n MOW b rd'-d,.. I the l o s not','a icable, answer WOWNK. y pesil i p� P FIRST NAME. 15T Investments LLC sTREE-T, 5RO 1 State HWY 44, CITY, COWS christi. Zip:- 78466 FIRM IS Corporation ❑2, F'artnerekiip E4. Association 5. Other Limited Ps6ershi DISC49SURE 0OW100 if a0i0iltional space ispecessary., please use the reverse side of This page or attach, separaf4sheet. I . State: the names ofeadh ',employee" of the City of",Wpus Christi 'having an ownership iritodsr constituting M -0.r. more .'qf the ownership in theabovo named "firm ". Name Job Titleand City Department (Itknown), None, None . . .. ... ... 2. State: . . .t . he.,names.bfeach'�Dffidial` of the City of Corpus Christi having an "ownership: interest constituting 3%:or more. 6 the.-oYmership, in the above. named"firm". Name Title None None 3. Stata the. namesOf each oboard member of the City of Corpu an em 0:.Chrid having.: ' ',�.ftn rship int0rest""constitut.ing -30/9 or more of the ownership in 00:'above named "firm". Name Board. Cott mission, or Committee, None .4. State the names of each employed or offfoetotgi'"consulf6nt": for the City of Corpus, ChrIs W' ho WorkW on-a hy matter related to th tubje!3 of this contract. 401 has 0W."ownefshIp Wtdre0t7:' )g 35 or more of the W consfitpfin. ownership Name Consultant None. None Certifying Person: Steven ,CERTIFICATE ,e and, correct as of the dal 1, and that supplemental ....... .... Exhibit 5 that Lhave not,krto I ,M' W109 ' Y Meld promptly submitted to the City of - -1 . . I .. . .. ........ ......... .. . . . Title:. Member, Date: 12MV2011. 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 Public Hearing on Proposed Assessments Ordinance Imposing Assessments, Fixing Liens,_ Specifying Payment Terms, Amending CIP Authorizing Award of Construction Contract PavMg Assessment$,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 [sland 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 INON- EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Water Department Wastewater Department Storm Water 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 262,200.00 2,167,800.00 2,430,000.00 CIP Budget Amendment 147,809.38 147,80938 Future CIP Budget Request 692,603.12 692,603.12 Total Project Budget 2,315,609.38 692,603.12 3,270,412.50 Encumbered /Expended Amount 2621200.00 262,200.00 This item 1,688,667.43 692,603.12 2,381,270.55 Future Anticipated Expenditures This Project 526,164.99 526,164.99 BALANCE 1 0.00 100,776.96 0.001 100,776.96 ruiiukb). 01.1=1. Duna issue zuuo ana uUmies L;iF 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 CIP (Bond 2008) $ 2,230,000.00 Wastewater CIP 200,000.00 Current Budget Amendment 147,809.38 FY 14' Capital Improvement Budget Request 692,603.12 * TOTAL $3,270,412.50 FUNDS REQUIRED: Construction (Bay LTD) $ 2,381,270.55 Contingencies 238;127.06 Consultant Fees: Consultant (Coym, Rehmet & Gutierrez Engineering, L.P.) 236,127.00 Rock Engineering (Geo -Tech) 9,300.00 Materials Testing (Estimate) 59,530.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 89;936.34 Engineering Services (Project Mgt/Const. Mgt/Traffic Mgt) 114,464.44 Finance Reimbursement 32,704.13 Misc. (Printing, Advertising, etc.) 8,176.03 TOTAL $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. 029665 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) 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; G. 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 not be substantial in nature. Thus, they will not trigger any statutory requirement for the City Council to hold a new assessment hearing to impose revised assessments. 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 B. 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 $2,381,270.55 with Bay, Lid. of Corpus Christi, Texas for the Project to include the Base Bid and Additive Alternates 1 and 2. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of , Nelda Martinez Mayor GE-OR,ae, N P A Ft A SKEV AS RgA, -TORS, I Awd. PL$, M ZA4P 0= .HMff COAPOS CHRISM. TMCAS'-YZ412 X20: 20,2 PrelhWinar Assessment Roll (a") 992-2.941 F . A-X,'(3JB 0 9=: "42 PRELIMINARY Clare Drive Paving Assessments ADDRESS PAY ITEM QUANTITY UNIT PRICE UNIT TOTAL COST 635$ S P I D Curb Gutter &Pavement (Fronting) �0 0 LF $19.5q;lLF $0.00 Morteza Shafmury &;+ Curb Gtat#er & Pavenent.(8iding) ;Total Assessment Cost: $19'`501LF.. $3,957',50 Mostasa Bighamian 4' Sidewalk (Fronting) 9.5 SF ( $1,00 !SF $9.50 Lot 11 $ I? ,Block;4 ,4' Sidewalk " {Sldlr~}g} 676 0 SF ;,. $1,00,7SF $676:00 Woodlawn Estates Driveway (In ROW) 359,5 SF $5.20 !SF $1,869,40 PO Box 270152 -78427 Driveway (Behind ROW) (CONC -CONC) 360.0 SF $5.20 /SF $1,872.00 12/20/2012 1 of 4 Drveway C (In ROW) 267,5P $5.201lSF $1,391.00 ;Q veway C:(Behond 1 QW) (CONC lJC} 59 ,CO 2.5 SF - $5.20 1SF' , 1 $1,349.40 -..O I ;Total Assessment Cost: $11,164.$0 l 6402 S.P.LD Curb, Gutter & Pavement (Fronting) O.OyLF $19.50 !LF $0.00 IUIQrteza Shafrnur}i - irb Gutter &Pavement (Siding) 1' 206:6 LF „ $1 "9 ;50;lLF I' $3, 997:50 Lot 14R, Black 3 4' Sidewalk (Fronting) 0.0 SF 1 $1.00 1SF $0.00 Woodlawn Estates 4S4tle , , $77;50 7614 Sternberg Lake DT. Driveway B (In ROW) �� 212.5 SF $5,20 1SF $1,105,00 Corpus Christi, TX 78413 Driveway B (Behind ROW) (ASP H ASPR) 166.0 SF i $25.WUSY 3 $461.11 Driveway D (In ROW. 144.5S $5.201ISF _ Sc $751.40 Driveway D (Behind. RC1�11) fASPH E[SPH�) ` i fl U 1425:00y ,1SY p $0.00 Assessment Cost: $7,GM51 1429 Clan? Drive [Curb Gutter & Pavement , (Fronting) 5fl 0 LF $9.75 1LF $487.5D Irma DeI Ro que Curb, Gu$e -& Pavement(Siding) O.O 88IILF CIO Reno Del Bosque 14' Sidewalk (Fronting) i 171.0 SF $1.00 /SF 1 $171.00 _ of1DB ,Block4#'Sidevrafk'I(Slding)„ - 0'O: -F J k1SF $OOD Woodlawn Estates Driveway E (In ROW) [� 95.0 SF $5.20 ISF $494,00 __ iDiiveway E,Behind -RDW} (PSP:H -ASPH) 43.5 SF I $25, "OC11SY 5120 -, dotal Assessment Cost $1,273.33 1425 Clare Drive Curb, Gutter & Pavement (Fronting) I 75.0 LF $9,7511ILF $731 25 Jeusldaqu =line Maqueda .Curb Gu#te� & Pavertient (Siding} n O.O LF l $4:$8;1LF . '. $0,00 SW25' of Lot 9 & NE Half 34' Sidewalk' ( Fronting) 258.5 SF $1,0 ISFISF$258.SQ of Lot 10€ BNaek 4 4 "Sidewalk; (Sid ing 0.0 5F ISF : $0.00 Woodlawn Estates [Driveway E (In ROW) 129 OiSF $5.20 ISF $670.80 - - Driveway (Behind 70W (ASPH -ASPH) ` $2Oq fSY $73161 `Total ssessment Cost: $1,834.16 1426 Clare Drive Curb, Gutter & Pavement (Fronting) 67,0 €1 F $9.75 ILF $653.25 Mary Beatrice Smith Curb, Goiter &Pavement (Sid' ) . - Q:O. LF [ $4;88 1LF :$Q O(i S67' of Lot 15, Block 3 14' Sidewalk (Fronting) 221.0 SF $1.00 '/SF $221-00 Woodlawn Estates (4',Srdewalk {�idirtg} 0:0 SF') $D$O,JSF ,;':; $OQ[} Driveway F (In ROW) I 159.5 SF $5.20 /SF $829.40 Dri7awayF .(Beh3r%dROW) {ASF?JI- GRI/L) 5901SF $251?0 °ISY Total Assessment Cost: $1,867.54 . �� 1" 424 Clare -Drive � !Curb, Gutter & Pavement (Fronting) 67 0 LF $8.7541LF $653.25 Clatlolrrtlra ^,R Przana Curh Giziter B PavementlSrtling) 0:0 LF i $'8slILF NE33 of Lnt 158, S34 of 4' Sidewalk (Fronting) 227,5 SF $1.00 1SF [ $227.50 Lot 16� Blodk 3 4 vSrtlewalk;(Siding} a ;,:. $0;50 1SF $0;00 Woodlawn Estates IDrivewa G In ROW) Y ( W) 140.0 SF -� $5.2011SF � ' $728,OQ Dnvewe G 80:0 ,;?F ,l - $5.20i1SF Total Assessment Cost: $2,024.75 ) 1: 1419 Clare::Drive Curti Gutte "r. &Pam Etient (Front3nq) 75°01 LF Jean Pierre Albrecht Gurb, Gutter &Pavement (Siding} OZ,LF $4Z8 111-F $0.00 Lot 9A, Block 4 4'.Sitlelrralk; "( Fronting} 261 515E $1.00i1SF ;_ $261 _Sp Woodlawn Estates 4' Sidewalk (Siding) 0.0 SF I $O.50 15F $0,00 1717L11aldrori „Ftd "�. ; i5riveway;H (Inh"OtfSQr ( 1525,.SFf 9„ . $5;20 1SF, ;t 3783:40. Corpus Christi, TX 78418 i Driveway H (Behind ROW) (ASPH- GR1lL) 11 1.5 SF $25,0015# Y $30972 .N ..... ,:; z � ;Fatal Assessment Gpst:. ;$2,495.47, 12/20/2012 1 of 4 PRELIMINARY Clare Drive Paving Assessments 1418 Clare =Drive s Curb Gutted &P a ement (Froriting} 6B 6 LF $9.75 1LF $643;50 Concepcion L Esparza jCwb, Gutter & Pavement (Siding) 0.0 LF $4 SS88 /LF $0M Lot 1¢A 'Blocks 4'.;Sidevvalk?(Frontingk „ °23a03F >. $1001SF Woodlawn Estates 4' Sidewalk (Siding] $O.50i1SF $0.00 6334 St Denis Corpus Christi, Tx 78414 t7i tveway7, (In RQ11U) `< Driveway I (Behind ROW) (CONC -CONC) ,... 14D 0 "'SF " :.: , SU SF $5 20 tSF: ?' $5.20 ISF $7213;00 A total Assessment Goss $2,417:5(1 1408 Ctare qoo! " "." ; Gutb,"Gutter & Pavement (Fronting) ; : ; 1 ob 0 C F „ .. $ -, �5 1LF y 5975,04 Robert E. Gilley Curb, Gutter & Pavement (Siding) 0.0. LF $4.88 1 F $0,00 Lot 8, Block 4 .' ,< 4 `Sidewalk (Fron ngjF x W 315 5; Sl , "= ' ` ` $1 I10 t1SF ; l $.3 X5:50 Woodlawn Estates 4' Sidewalk (Siding) 0A 5F $D.5D11SF $D.DO 12/20/2012 2 of 4 PRELIMINARY Clare Drive Paving Assessments 1846 Clare Drive ". Curb, Gutter & Pavement (Fronting) 67,0 LF $9.75:1LF /SF,,.i $653.26 Travis Martin Williams Curb Gutief & Pavemfeart (Slding� 0 A F $4:88 UL F" $t) 04 S67 of Lot 19 ;Block'3 4' Sidewalk (Fronting) 179.#�S�_F $1,00 /SF 5179.50 Woodlawn Estates t4; SidDriveway 217.0! SF $5.20 !SF $1,128.40 R (In ROW) 275. $5.20 /SF $1,432.60 nvewayR PH -GRVL} 178.5 „"� : $25` < <,001SY' i $4ss,;$3 75 /LF Total Assessment Cost $2,761.18 OpILF t; s $tlrL10 N66 of Lott B1ock3 4' Sidewalk (Fronting) 1340 Clare Drive Curb Gutter &Pavement (Fronting) i 67.0 LF $9 75)ILF $653.25 G.wynard 1lYesley Johnson Curb GuiYe`r &Pavement (Siding) X P ' j4 88�ILF -_ ; $p.OQ N33' of Lot 19 & S34' of 14 'Sidewalk (Fronting) .0:qi 2- 54.01 SF , r $1 .pp IS' F $254.00 Uo-t20i 51ock8 j4`sSideaTk(Siding) ,_ - 0:Or5F $0;50 iSFI1 eO;Otl Woodlawn Estates (DrivewayT (In ROW) 142.5 SF $5,20 !SF 3741.00 4230Key.WdstDr z Dnvewa T; Behind -ROW '(C GNCCOjJC) y ( ) 81:5iSF $5.20 /SF,' i :, $42380 Corpus Christi TX 78411 T tat g55eSSment Cost: $2,072.05 $9.75 1LF -� Moises G Orge ET;EIX Curb Gtytter 8 Pavement Srdiri ( s} t1 x " ELF s,`' 1337 Clare Drive Curb Gutter & Pavement (Fronting) 1 DO OLF $9.75 /LF $975.00 -- Fra-.-- ncis &Florence , a Carri- Curb Gutter & P ernent ga $4,SSiILF " i x;50 =�00. .. ,.. Nicholson 4' Sidewalk (Fronting) l 283,0 SF $1.00 /SF $283.00 Lots dock }4'Sidewa €k (Siding) ; , ; . ..; 00 , BFr $ ' 0 /SF,,.i Q.GO Woodlawn Estates Driveway U (In ROW) 150 SiSF $5.20 /SF $834.60 180& BraioS Ar [lrryeway U; (Bahind RQW) (CONC COiVC) Carpus Christi TX 95 OSF $5.20 !SF $494.00 78412 i- veway W (In ROW) 217.0! SF $5.20 !SF $1,128.40 Drlvewa . W r Behind RO A�PH GRVL 136.D 5F $200 iSY y ,( 4M(.. I $377.7$ $5;201815 Total Assessment Cost: $4,00.78 V. i .. _ 1334 Clare Drive Curb, Gutter $2,625.40 re & Pavement (Fronting) 66.0jLF 75 /LF 5643.50 Leonel Hernandez Jr Curb Gutty & Pavement (5idir)g) OpILF $4:88 ILF s $tlrL10 N66 of Lott B1ock3 4' Sidewalk (Fronting) 332OaSF $1 eISF $33200 Woodlawn Estates 4� Sidewalk i,S)dmg $1.00 1SF $321.50 Driveway V (in ROW) 140 OISF $5.20 /SF $72800 D €iveuay 4'(Behind l%OW) (ASPH- GRI/L) 3b OtSF $25:00 1SY $83'33 j Total Assessment Cost: $1,786.83 Total Assessment Cost: $2,882.50 1321 Clare Drive Curb Gutter 1329 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF s: $9.75 !LF $97500 LindaThom }fsonBearden,lCurb,Gutter &PaVe� ent(Siding) .... $4:881LF Lot 4, Block 4 4' Sidewalk (Fronting) 366.0 SF $1.00 ISF $366.00 Woodlawn Estates '.4' Sidewalk (Siding). _ 00 Driveway X (In ROW) 1®- 179.0 SF $5.2011SF $930.9-0 it]�EVewayX'(BehirirJ ROW) CpNG CONE) 68O SF $5;201815 $35 Total Assessment Cost: $2,625.40 1326 Clare Drive I Curb Gutter & Pavement (Fronting) 100 0 LF $9,7 ILF I $976.00 Lee & Yalanda Monti)ya Curb Gutter & Paveme�it (Sidingp I 0 0 LF i $4, ILF" _' ... 0 00 ET UX 4 Sidewalk (Fronting) 321.. SF $1.00 1SF $321.50 Lot 21 xBfaek 3 `4 sSidewal'(51dmg) _._._ 105; x $0;$015; ,.x0:00 Woodlawn Estates Driveway Y (In ROW) 246 0 5F $5 20 ISIF $1,2 1 7 . 9 20 )Driv! wa ,Y (Behind -ROW) (CONC CONC) 59 QISF x r' _ , ., l.. .. 55 20¢JSF $`306.8U Total Assessment Cost: $2,882.50 1321 Clare Drive Curb Gutter & Pavement {Fronting) 100.0 LF $9.75 1LF $975 Moises G Orge ET;EIX Curb Gtytter 8 Pavement Srdiri ( s} t1 x " ELF s,`' 54;88 VLF -00 Dolores Cantu 4 Sidewalk (Fronting) 367.51 SF $1.001 /ISF $367.50 Lot3 Blok4 4;5idewalt�(Siding} '> 0"OiSF0'50�15F. x;50 =�00. Woodlawn Estates ;Driveway Z (In ROW) 140.5 SF $5.20: /SF $730.60 Criyeway Z "(1] 1 i i id 'ROW) .(ASt -H GRVL) i 80 SrSF $25 0 ISY 5223.61. iTotal Assessment Cost. $2,296.71 12/20/2012 3 of 4 PRELIMINARY Clare Drive Paving Assessments 1318 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF I $9.75'ILF $975.00 Ejrmd p Reyes ET ?i ` u (Gurbx Giatte) & °Pat/ectment,(Siding) I '. O Q LF K 1 :: $4t88 ILF :, '$0'00 x. Lot 22, Block 3 4' Sidewalk (Fronting) 363.5 .SF i $1.00'ISF $363.50 Woodlawn Estates 4Siewallc (Siding) OO SF $0.50 JSF �$0 Oa 5325 Williams L7r. Driveway AA (In ROW) 147.0 SF $5.20 tSF $764.40 Corpus Christi T7'7841 :I €Dnvewa�!f(eh[nd;R0W "TAPH GRVL } t s <s 955 I Total Assessment Cost: $2,368.18 1313 Clare Drive Curb Gutter & Pavement (Fronting) 100 0 LF $9.75 /LF $975 00 Finest Kegneth.Lowe trtYrb Gutter & Pavement (Siding) 0 :LF Lot 2, Block 4 4' Sidewalk (Fronting) 301 O SF $1. Op 1SF $301.00 Woodlawn Estates 4 Sidewafk..(Sidingj Driveway AB (In ROW) 156.5 SF $5.20 IS _ $813.80 Driveway AB (Behind ROW) (ASPid GRVL) 92.0 SF $25.00 15Y $255.56 !Driveway AC (In ROW) 159.5. SF $5.20 ISF $829.40 J j SF 94.7777: Dnveway9C(BehirdROW)(ASpH -GRVL D 3. $261:i'4. Total Assessment Cost $3,435.87 Y3`� w„ y3j 1310 Clare Drive Curb, Gutter & Pavement (Fronting) 100.0 LF $9.75ULF� $975.00 r _ . Prooth Sibbunheuareg Cum c3uEter & Pauet(telrt.(Siding) D:0 LF $4;e8lLF , , v%OyC ET t1X 14 'Sidewalk (Fronting) ( 306.0 SF $1.001/SF $306.00 W100'x129' of Lot 23, _ 4�Srdenralk,(Stding) - �f- Block 3 AnvewayAD (In ROW) 288 5 SF Y $5.20 1SF $1,500,20 Woodlawn Estates ?nvewayAli [Setrrran ROW) (GONG CONC) 235 0.5F ° $5 20'fSF - $1;222 06 Total Assessment Cost $4,003.20 1301 Clare brie 77 Curb Gutter & Pavement (Fronting) 92 51LF 777 $9 75 ILF- $901,88 Carolina A�taya Q,urb Gutter & Pavement fStdil gl 14.0 ?;LF -1 $,- ; 8 tLF Lot 1, Block �4' Sidewalk (Fronting) 358.0 SF I $1.0011SF' $358.00 Woodlawn Estates . `4' Sidewalk (Sldrng)' :5 SF ; . $0.'50 Driveway AE (In ROW } 140.0 SIP $5.2D !SF $728,00 Driveway'AE (Behind ROM (ASP GRVL) 0;0" SF $25 :90 1SY:: Total Assessment Cost: $2,073.45 1306 Clare lCurb, Gutter & Pavement (Fro nfin g) ( 92.5,LF $9.75ULF $901.88 4tjefia Snyden . Ciarb, Gutter & Paverneni Lot 24A, Block 3 4' Sidewalk (Fronting) 348. SF i $1.00= /SF $348.50 Woodlawn Estates =4' Sidewalk (Siding) .' ? Driveway AF (In ROW) 154.51 SF $5.20 1SF 17--1-80140 " iDrivewa A RQ Y:... P (Behind W) (COhJC Total Assessment Cost: $2,516.71 12/20/2012 4 of 4 PRELIMINARY Ivy Lane Paving Assessments ADDRESS P PAY ITEM Q QUANTITY UNIT P PRICE UNIT T TOTAL. COST 3140 Gollihar Road C Curb Gutter & Pavement (Fronting) 0 0.0 LF $ $19.5p ILF $ $0.00 Church sClfcfCen df CCCirfb ' ':Gutter & Pavement Sidin " "Al 5 LF': $ $19.50 Ji F $ $1 78A 25 Lot 1A & 2, Black c 4 4' Sidewalk (Fronting) 2 22.0 SF $ $1.00 /SF I $ $22.00 Ava Cooper.Supd, r 4 4 "Sidewalk (Siding)$ X X74 piSF ; $ $1 00 ISF I; $ $414 D0. IS .; $243 79 Y (. , W }tPSPIiGRVL _840 SF.: 'Total Assessment Cost: $1,738.93 4414 Ivy -Lane L;Ul I Gutter 1, P v neni (Fronran'g} 50,1 L,F $9 7511..LF� " $487.5© Karla Reyna & Husband JG urb, Gutter &Pavement (Siding) 0 0 LF $4.88 ILF $0.00 Lnt11A &Portion of'Lot 11 Sidewalk (Fronting) ,r 148.0'SF $1 -DD 15F., , $14a,0i} Ava Cooper5ubd i4 Sidewalk (Siding) $0.50E15F $0.00 TOY eta x .. '199A SF ... $5.2yfSF $997.02' a ! y Cl ' 1 $535 --. Driveway D (Behind ROW) (GONG -GONG) ' 102.5i5F ' $5,22 /SF .pg 77-77-77 77— Total Asspsispneri 1 y $4167.57 12/20/2012 1 of 7 12/20/2012 1 of 7 PRELIMINARY Ivy Lane Paving Assessments 4410 fvy Lane C, r,- &- Nvemen t (Frdpting) $9.75 !LF i $438 75 Santos A. ET UX & Curb, Gutter & Pavement (Siding) O.Q LF $4.88 !LF ' $0.00 Virginia Herrera w �4 Sidewalk (Fronting} 129.0lSF $1,t}(l !SF !:' .: $fi29'[ip Lot 10A 4 Sidewalk (Siding) i 0,0 SF I $0.50 1SF $0.00 Awa Cooper 5ubd Driveway E {In ROW) f 166 SFSF:a W Driveway E 9 $5 22,1SF $869 (3 (Behind ROW} (GONG CONC�- ) 1 5F� $5.22 /SF $777.78 £.. ,..:... :.: -�� ........ .. : , .. .. , . Total Assessment Cost �2 214:66 ( 4409 [ Lane Y Curb :Gutter &Pavement Fror�iin ., . _ $487'50 .s0 Jesus A. Soto ET UX & Curb, Gutter & Pavement { Siding) 0.0 LF $4.8 8i /LF� 00 Jaequelne "" .4 Sidewalk �Fronting12B`SF y " " $1 OOISI $126.00 Lot 10, Block 2 4' Sidewalk (Siding) ( g} O.tl SF i $0.5015F $0.00 Brookside Subd w 1riveway F (In FtOWj ":: 7T77+772 34 D 22 15F 0i $1,221 "4 wa F Behind ROW ASPH -ASPH Driveway ( ) ( } 130:0 SF $26.12 1SY $377.29 .. ;TotalAssessmerit Gpsk $2 ",212x27 44U5 lvy Lane ;. Curb.; Gutter &Pavement ( Fonting) 50 0 tF: $9 75,iLF $487,.,50 Irene Haeber Curb, Gutter &Pavement (Siding) 0.0 LF $4,g8!ILF- $0.00 Lott, Block;.2 4 Sidewatk rontin . 160 0 SF $l 00 ISF $96tl;00 Brookside Subd 4' Sidewalk (Siding) 0 fl SF $0.50 /SF $0.00 so55 Lost Cieisk�Dr�veway G (In f20W) ; j 140 SF, i $5.22 !SF $730 8Q Corpus Christi TX 78413 Dnvewa G Behind ROW CONC CON 60 01SF y { ) { } $5.2279 F $313.20 �. Total Assessrr�en4-Co $1,5,93.vU i i 44f321vy Lane Curb, Gutter Ravement (Fronting) 47,5rR F $9.75 ELF $463; f3 Safeguard System Inc �Curb,,GuttQ &Pavement (Siding) fl 0 LF $4,88 ILF $0.00 LoY8A 34 Sidewalk ( Fronting)" 715 $T 0D 18 E Ava p Coo er 5ubd. 4' Sidewalk Sidin _ (Siding) SF $0.50 !SF ..:,,.M. $0.00 4401 I<ostoryz ;. Driveuray,I 1 {Iri ROW)" `: 236 Q. F $22 Corpus Christi, TX 78415 p Dnveway H (Behind ROW) (AS PH GRVL) 0, O,SF $26.12 ISY $0.00 ��, Total Assessment Cast S (,810.p5 ZT lvy Lane Curb Gutter Pavement ra trng) $9.75, !L Irene e Haeber !Curb, Gutter & Pavement (Siding) I 0.0 LF $4.88i1LF $0.00 Lot4 Blocky 4 Sidewalk Fw ntm ��? ( ,.7Tu... 9 }.._.`159 ?,SF. $i:bi] ISF <. ET?: ,50 Brookside Subd. 4 Sidewalk (Siding) 0.0 SF $0.50 ISF $0.00 6055 Lost CreekDrnreWay - -� $F 522%S Car pus Christi, TX78413 Driveway I (Behind ROW) (GONG CONC) R 8.5 SF $5.22V $44.37 ofal A&sessmentCost $1,430:00 4406 Ivy Lane Curb, Gutter & Pavement (Fronting) 47.5 LF R $9.75 ILF ) $463.73 5efegyard,Systemliie` CurtrGuttePavement {Siding} tlD °LF- $4.88 ILFO.OQ Lot 9A 4 Sidewalk (Fronting) 190.0 SF $1.00 !SF $190.00 Aya Cooper Subd x i4' S(tlewalk (Sitling) , s 0'0 SF` $€ �,0" 1SF .i . 0 ".on 4!tUt lrosta€z �� ,:Driveway (In ROW) 0 O�S..®, $5.22EISF $0.00 .Corpus Christi, TX 78415 riveway (Behind ROV41 }'ASPH GRVL);; �__� t) aISF .m $26 12" f5 � gO.Op •- - -=� �Total Assessment G ost � $65313 a 4365 Ivy Lane Joe?Rangel'de Curb, Gutter & Pavement (Fronting) 50.5 LF" $9.7 /LF $49238 la "Rosa ,. 1Curb, Gutter & Paverrlent din �i 9): � " 0 OLF $4 88' 14F0_ Lot 1 4 Sidewalk (Fronting} 198 0- $1.00 ISF llicholsainsubd 4 Side(wallF Sidm $196.00 ; Driveway J (In ROW) 140.0 SF $5.22 ISF $730.80 Driveway") (Beir lilid,00W) (COLIC CONC} 50:0 SF 12 ,ISF : 261:(?T3 1 Total Assessment Cost. 1 $1,682.18 12/20/2012 2 of-7 PRELIMINARY Ivy Lane Paving Assessments 12/20/2012 3 of 7 PRELIMINARY Ivy Lane Paving Assessments 4349 Ivy Lane /Curb Gutter &Pavement (Fronting) 50 0 LF i $9.75 !LF $ $487,50 Ernesto Re}res Kurtz Gutter &�'avement (Sitting }. Q,Q LF:p, Qf!- Lot 5 14 Sidewalk (Fronting) 170 0 SF $1.00 ISF $170.00 Nicholson Subd , 4 Sidewalk Sidi [10 SF s ( ), _ $05f5F $000 Driveway Q (1n ROW) 140.0 SF $5.22 ISF 1 $730.80 Dn�tes to Q /Behind" R01N " //ASPH GFi }} . 50.6 SF Ss` Total Assessment Cost: $1,533.41 4342 Ivy Lane Curb, Gutter & Pavement (Fronting) 50.0 LF $9.75 ILF $487.50 EncarnaaofifRAana Vi113nue4a Curb, Goiter &® F '�Pavement(SitlEng) 58 lLF" : � ;.$0 00_ Lot 7E 4' Sidewalk (Fronting} 1�8.5S $1.00 ISF $178.50 Arta-C(aoper5ubd ,'< 4 Sidewalk (Siding) Driveway R (In ROW) 140.0 SF $5.22 ISF $730.80 r Onveufa r R (Behind ROW! (CONC CO 4. O SF; $5.22 ISF l' ; : $261.00 �,� Total Assessment Cost $1,657.80 § _ _A_ 4345 Ivy Lane _ Curb Gutter &Pavement (Fronting) 50 O�LF 1 $9,7 ILF I $487.50 Sad Juanita Flores'ET ALS Gutter &Pavement (Sdng) O D LF > �; ",,. .� Lot S 4' Sidewalk (Fronting) 16(}.0 SF $1.00 ISF $160.00 Nicholson Subd 4 Sidewalk (Sid�Og} 0 0 SFa $0 50 ISF�� 0 00; Driveway S (In ROW) _ 140 O SF 1 $5 22, /SF $730.80 (ASP`FI ASPH) 34 0 5F r 2 2!!SY X87.07 .. m,. Total Assessment Cost: $1,465.37 4 . �[Curb, _ 4338 Ivy Lane Gutter &Pavement (Fronting) -- 50.5 LF $9.75 !LF $492.38 Eiicarnaelon V�Ilar�ueva ' orb, Gutter &Paver tert,(5!din9) Lot 7F 4 Sidewalk (Fronting) 0.0 LF 166.0 SF $4:88 !L $1.00 /SF $166.00 qua "ooper.Subd _ 4 Sidewa)k (Siding} 0.0 ----- Driveway T (In ROW) 132.0 SF $5.22 !SF $689.04 iv way l (Behind R OUV) (ASPH ASPLi) ;. i . -..- .- 70.0 SF'.,- $26.12 }SY ': $203'.48 Total Assessment Cost: $1,550.57 "Gutter 4334 Ivy Lane Curb, &Pavement (Fronting) 62.5 LF 3 $9.75 ILF $609,38 Judh'M.!Mary G-: Curb';''Gutter 'Pav06n' (Siding) 0 LF $4'a38 fLF }:, $0 ;W W Half of Lot 6 4' Sidewalk (Fronting) I 209.5 SF S $1.00 ISF $209.50 Ava Cooper 5ubd 4 5adervalk (siding) _� 013 SF $(}:50,ISF i'i $O;iiO Driveway U (In ROW) R 196.0 SF $5.22 ISF i $1,023.12 _ Dihve�R Way U (Behind fOIV }(CONC COEVC) 84 /5F $441 U9 _ �. Total Assessment Cost: $2,283.08 341 Ivy lane Curb, Gutter & Pavement (Fronting) 50.0 LF' I $9.75 !LF $487.50 �Ofilia Basatdu .. `:..' _ Curb> Gutter 8s?',PaVerriet S�diri „ 0 b LE ~ 7777$488X F Lot 7 _ 4' Sidewalk Frontin ( a) 162.5 SF 1" $1.44 ISF $162 54 p Nicholson 5ubd i4 SideUialk (5fd�n91 Q O SF. a $00 `ISF $0;00 �t7rivevray _.__._ Driveway V (In ROW) 140,0 5F $5.22 ISF $730.80 v.";(8eh�nd;ROW) (ASii i GtvL) 5010,8P $2fi12 f5Y $145:11:. ,.. jTotai Assessment Cost: $1,525,91 4322 Ivey Lane Curb, Gutter & Pavement (Fronting) ' 66.0 LF I $9 75 /LF $643.50 EnriqueJWJuama M ReyFSS iCurb;' Gutter & Pavetrtertt (Siding) ..., 0 0 LF. $4:8 fLF$t}.DO W Half of Lot 5 _ 4 Sidewalk (Fronting) I.:. 216.5 SF $1.00 ISF $2 1650 . Ava CaoperSubd, t4 5id xwalk {8iiing} OxO SF $0,50,!/SF, Driveway W (In ROW) 175.5 SF $5 2'2,/SF L, $916,11 Drivetinray UH,(Elehlnd ROW) (ASPFt ASP -H} - - 79.5 I }k2gI5Y $230 73: x$26 To. s tal Assessment Cost. $2,006,84 12/20/2012 4 of 7 PRELIMINARY Ivy Lane Paving. Assessments 4337 Ivy Lane Curb, Gutter &Pavement {Fronting} i 50.0 LF $9.75 ILF $487.50 Kimberly Puebla" Curb;`Gutter &F�avernehf (5iding� -�- p OtL $4:88 II F } 0 00. Lot 8 4' Sidewalk (Fronting) 756.0 SF i $1.00 ISF 56.00 Nicholson S; ubd 4 Sidewalk Shim ( 9) 0 0 ' >_ 50 /SF $0 QQ' 4709 Phillip Dr Driveway X (In ROW) m 162 0 SF $5.22 ISF $845.64 Corpus Ohnstt TX 7841:5 Driveway X (Behind R01N) (ASPH GRVL} : 60 0 SF - -- $2812 JSY $ 7413; Total Assessment Cost: $1,663.27 4333 Ivy Lane Curb, Gutter & Pavement (Fronting) 50.0 LF $9.75 ILF $487.50 Leon Rolando Caaianado �Cur6 Gutter &Pavement (5idmg) ..... fl Q LF; 4.88 ILF . Lot 14' Sidewalk (Fronting) 168.5 SF ! . $1.00 ISF $168.50 Nicholson Subd .: 4''Sdewalk (5tilrig} v:'. 0,0 SF $0 50 ISF Driveway Y (In ROW) I 140,0 SF L_ $5,22 ISF $730.80 Driveway Y,( RO]N} (GONG - CONGO 80 0 St: $5;22 /SI $417;fi0 I Total Assessment Cost $1,804.40 4326 ivy Lane Curb, Gutter & Pavement (Fronting) 62.0'LF $9,75 !ILF $604.50 liarcolhiaria Moreno Curb, Gutter;& Pavement {aiding) p ELF $^„ .4,gg IL) Lot 4A ;4' Sidewalk (Fronting) 1 208.0 SF $9.00 ISF , $208.00 Ava Cooper Subd., ;4 Sidewalk (Siding I p 0 SF $0 50 ISF $0.00, Driveway Z (in ROW) j 740 0 5F �� $52 $730.80 Driveway Z (Behir'FtOW) {GONG GXONGj ®mow 30 0 Sl $5.22 15( $156.60 a - i Total Assessment Cost $1,699.90 4329 Ivy Lane Curb, Gutter &Pavement (Fronting) 50 WLF $9.754F $487.50 Jose FioefAsrora Garcia Curb, Gutter &:Paverrret ,(Siding) ��4.581�ILF� $0.00 Lot 10 4 Sidewalk (Fronting) 170 Q $1.00 ISF $170.00 Nicholson Subd., ; , 4 Sidewalk (S�dmgi�, SF 0 D SF i;,056(ISF. Driveway AA (In ROW) 140.0 iF $5.22 15F $730.80 IDnVeway AA (Behind ROW) (GONG CONC) . 70,5 SF Total Assessment Cost: $1,756.31 4325 Ivy Lane Curb Gutter & Pavement (Fronting) 50.0 LF $9.75 ILF $487.50' Reynad`o P.; Ji�llpa "L. Leal Guru ,Gutter;S Pavement, {Siduig) Q�Q .LF $4,88 ILF $0.0(} Lot 11 4' Sidewalk ( Fronting) 1 Q4 51SF $1,00 ISF $104.50 Nicholsorrtubd. 4, 5ic3ewalk (Siding) p 0,`5F' s $Q.50 /�SF Driveway AB (In ROW) 272.5 SF� $5,22 /SF $1,422.45 Driveway AB'(Behmd RC?W) (GONG COIC) l44 OISF' $5:22f5F _._ ;Total Assessment Cost: i $2,766.13 4317 Ivy Lane i Curb, Gutter & Pavement (Fronting) 97A LF $9.75 ILF $945,75 Rafael Lu islEl�sa Garza ;.:'Cur}i;`.Gutter R;;Pavement (Si�irr9} .:., i 0.a Lot 12 4 Sidewalk (Fronting) I 305 5 SF $1,00 ISF $305.50 Mich alson;Subd - - - -- i4 ,Sidewalk (8 "rii +n Q 0(SFa $q`50 ISF k' $0.0 ©, �Driveway AS (In ROW) - -'� 258 0�5 $5.221/SF $1,346.76 rayRBABehind ROW) (ASPH GRVL) w $26.12 /5i' X323,.60 ?Total Assessment Cost: $2,921.61 4322 Ivy Lane Curb Gutter & Pavement (Fronting) Irene Hasher Curb,Guiier < &- Pavement (5idirig) 62.011-17 ;: 00 LF _,.. $9.75/LF $604.50 NW Half of Lot 3C 4' Sidewalk (Fronting) 208,0 SF $1.00 ISF W $208.00 {4vaCoo'por' Subd 4 °Sidewalk" Sidm $t) 0l /SF $0.00 Driveway AC (in ROW) 140.0 SF + $5.22118F $730 80 ,, >. Driveway AC:(Behmd RAW} (ASP�Ft GRUL) , . 30 5 SF ;' $26.x''. ISY .:, !Total Assessment Cost: $1,631.82 12/20/2012 5 of 7 PRELIMINARY Ivy Lane Paving Assessments 12/20/2012 6 of 7 PRELIMINARY Ivy Lane Paving Assessments 431$ Ivy Lane Curb, Gutter & Pavement (Fronting) 39.0 =LF 7 $9.75 ILF $380.25 ArmandolEmma B6tello Garb; Gutt erx& P9vertterit $"7.8 8 Lot 5 Block 1 fiouue[,Subd. 4' Sidewalks (Fronting) 4 "Sidewalk (Sidlt�g }� ��_ � Driveway (In ROW) I]nvevvay (B8liind RQUU) 165.5 SF ;_126.0 5F. 0.0 SF� 0 0 SF: $1.00 ISF $165.50 � $0;50 ISF $5.22 ISF $0.00 $26;:12 {ISF -$0 (lE1 Total Assessment Cost: $796.63 4 A 3141 Horne Road Curb, Gutter & Pavement (Fronting) 33.51-17 i $9.75 1LF $326.63 Steve L. .1RlMaria Benaurdez Curb; Gutter & Pavement (5idkng }. .. µ 75 0, LF $4:88 1LFu m 153.5 $366 00 Lot 6N A va Cooper"Suhd 4' Sidewalk (Fronting) ( g) 4 5idewallc (Siting }F r% .. S F i 301 0 "SF, $1.00 ISF X0:50 ISF _ k -: $153.50 $150 5U 3126 Horne Rd. Driveway (In ROW) ] 0.0 SF $5.22 ISF $0.(}0 Codpus CnrEStr. TX Driveway {Behind ROjIVJ �: 0 0 SF?r (.,, $2fi 12 `i5l '!Total Assessment Cost:g$O.Ot} 96.63 12/20/2012 7 of 7 PRELIMINARY Vaky Street Paving Assessments 12/20/2012 1 of 4 PRELIMINARY Vaky Street Paving Assessments 6391/aky "Street Curb Gutter &,Paiiernerit (Fror�t+Og) 65 0. LF $9.75RlLF Rebecca A. Dulin Curb, Gutter 8 Pavement (Siding) 9� .. ......� O.O LF $4.88 lLF � $0.00 E30 " -nf Lot 7$ WS5' °f k4 ;Sidewalk (Fronting)? ;; 238 OS -, ., $i`OO��SF N $239p0. Lot 19, Block 32 4' Sidewalk (Siding) i 0.0�SF $0.50 !SF $0,00 Lindale Park"3 Subd D nveway F; (In F20V11) " t40 x.. $854 0U Driveway F (Behind ROW) (CO NC -CONC) 0.0 SF $6.10 !SF ( $0.00 UNIL rTbtal AsSessmegL Cost $1 725 75. 638alcy Street Curb Gutter & Pavement (Frirrting) �,., , . $9.75 1LF $583:88 Juanita R. Almeida Curb, Gutter & Pavement (Siding) 0.0 LF 1 $4.88 /LF $0.00 trrot; Block 29 „ l4 "', Sidewalk (Front�rig) = 203 5S$1 x.....: " ",OOl15F $23:50 Lindale Park 3 Subd. 4' Sidewalk (Siding) $0.50 ISF $0.00 Dnveway,G {lrvk?E11N) 140.0 AF $fi.10�ISF ! $854::OQ Driveway G (Behind ROW) (CONC -CONC) 0.0 SF $6,10 ISF $0.00 ' $ .. °Total Assessment Cost $7 647 3$ 635!Iaky Street Curb Gutter & 17AV6frkOnt (Frontin g) 65 0 ,LF Sri $9.75 /LF $633 75 Jennifer M. Perales Curb, Gutter & Pavement (Siding) Q.0 LF S4.88ILF . ' $0.00 E25' of Lot 1 8� W40' %of 4 "Sidewalk (Ffantmg} . " 1 243 :0 .SF.. $1 °.04 ISF `, i ;$243; "00 Lot 20, Block 32 4' Sidewalk (Siding) 0.0 SF I $0.50i1SF $0.00 Lindale Fark3 Subd=Driveway -_H {In RQIk(} 3' �, �40.0?SF $fi;10lISF = - =- �$854bQ" 410 Cape Hatteras Dr. Driveway H (Behind ROW) (CONC CONC). ' 0.0 SF $6.1 Q ISF l $0.00 Cal pus�hnstr:iT�C78412 _ �` - . = - ®� .- 'Total A44essmerit Cost $1,730:75 _ 63417aky Street Curb Gutter & i'aEiertent ( Frontng) <. 60.5 LF $975,ILF::, $589 88; Elizabeth A. Foster Curb .utter & Pavement (Siding) OA LF $4.88 ILF $0.00 Lot9 Block;29 4':Sidewalk (F7�nt�ng) 228 0 SF":: $1`01}t /SF "'� $228:DQ. Lindale Park 3 Subd 4 Sidewalk (Siding) iDrivewayl, R011kl) 0 0 S $O 50 ISF '„ $0.00 ®� M (ln 14017 SF $6`14lSF $854:pp Driveway I (Behind ROW) (CONC -CONC) 0.0�SF $6.10 /SF $0.00 lTotai 4ssess�tnen Cost $1,571;:88 i 8291%aky Street Curb Gutter& Pavement�Fronting) .. 65.5,LF r $975 Leticia Yvette Castaneda Curb Gutter & Pavement (Siding) 0 0 LF I $4-88t/LF $0.00 F2O,aof Lnt 2Q & W45 of )4'8" alk Frarifiri9) . ( l 2 '15 SF F` ,.d$1;OOIISF $245 5C Lot 21 Block 32 4' Sidewalk (Siding) Q 0 SF mm $0 50 ISF $0.00 L�nciale ParC[-3 Subd rive' wayJ'(In R0W) 128 R, F ,� _ .Y. -> . _. $6'1015�� �.. $780 $0, . Driveway J (Behind ROW) (CONC -CONC) 0.0 SF $6.10 ISF i $0.00 1 ntal Assessment Cnst s $1,664 93 625 Vaky Street Curb Gutter & Pave ent (Frd',#ttq) 70 0 LF $9,75rlLF William Allan Stark Curb, Gutter & Pavement (Siding) 0.(} LF $4.8$ ILF MOO E15Q' of Lat 2rt & Ltl5 A :Sidewalk: (Fronf�n9) r y: 28'I :0 Lot 22 Block 32 4 Sidewalk $1:Op lSF 4 - N $2B1 ©Q (Siding) ( 9) 0.0 SF 8 $pIgF $0.00 0 Lindale Park:3 Subic: Driveway J (In,RQW $6.10i /SF $762;50 Driveway J (Behind ROW) (CONC -CONC) s 0.0 SF j_ $6.10 $0.00 _ i TotaiAssessnfer# Cast $1 T06 OD' I LN "$9' 630 Vaky Street Curb, Gutter & Pavement (Fronting) 60.0 LF-- ,........."�..� __. 5 1LF $585.00 Martha 5 Collin Curb Gutter & Pa�e.ment {siding) 00 LF'.,' " ; $,4;88 Lot 8, Block 29 4' Sidewalk (Fronting) 229 0 SF $1.00 ISF �� $229.00 Lin - . -�� dale Park $ Subd SF 4 MIS Driveway K (In ROW) 140.0 SF $6.10' /SF $8544.00 > ;priri Vay K(B6hind;ROW} (GONC -CONC} 0:8 SF $6: (O ISF' Total Assessment Cost: $1,668.00 12/20/2012 2 of 4 PRELIMINARY Vaky Street Paving Assessments 621 Vaky Street Curb. Gutter & Pavement (Fronting) 70.0 °1-17 $9.75: ILF $682.50 Rtehard" Lee Grimes :;.. Gurb Gutter &Pavement .(Siding} , "., ` O OI LF ,, $4 =88 1LF ::y D,OQ E5' of Lot 22, All of Lot 23 & Sidewalk (Fronting) - 261.0 SF $1.00 ISF _._ $261.00 #4' VIf5':of Lot24,f Block3 ... .f4 SidewalK (Srci�n) ' .3 O4.ISF „r '. X0:50 Lindale Park 3 Subd. Driveway L (In ROW) 140.0`SF $6.10 !SF $854.00 € 'gn ewa Y .. r. ,,. ROW ) ' ..: .F...; I __ 1 Ott [ !Total Assessment Cost: $1,797.50 626 Vaky Street Curb Gutter & Pavement (Fronting) %5 LF $9.751VLF $589.88 INarElyn Denek Gurb Gu#ieC &Pavement {Sicf jig) „y 0 "F I _ 4 8 !LF $Q 00 Lot 7, Block 29 4' Sidewalk (Fronting) 226.575E $1.00 !SF i $226.50 L�arlj Subd: = fi 4Sldewalk (Sjdan9 ... s 0 O;SP °' ^, s "$0:50e18F 13406 Langtry Driveway M (In ROW) I 140A SF $6.10 !SF 3 $854.00 San Antorno, iii" "7824& ; Dnvewa M Behind ROW CbNO �ONC D:01SF' 77s 010 _ Total Assessment Cost $1,670,38 622 Vaky Street Curb, Gutter & Pavement (Fronting) 60.0 L� F mom- $9.75 ILF - $585.00 .lesseAlbert Bueno Gurb Gutter & Paemefi(Siding) - s D D;LF ,, $4.88 IL`F " '", $4:04 Lot 6 Block 29 -- 4 Sidewalk (Fronting) 227.5 SF $1.00 SF - $227.50 Lindale Parf� 3 Sutitl: 4 Slde�tatk (Siding} D 0 SF $0;50 ISF . " $0 t10 Driveway In ROM Y ( M 140 r $6.101SF $85400 _ Dnueway N. (Bellind'ROW4 {GONG CO_NC) 0 Q F $6.10 ISF -,w,r 'Total Assessment Cost $1,666.50 ----77-77-7777.. 617 Vaky Street Curb, Gutter & Pavement (Fronting)" i 71,0 LF I $9.75 1LF $692.25 Debbie Am vG9!:p ;Gurb,;Gutter & Panenent (Stdingl " " D D # F - $4;. &3 ILF E55 of Lot 24 & W15 of 4' Sidewalk (Fronting) 250 5 SF $1.00 ISF $250.50 Lat 25, i3lock 324' Sidewalk (Siding) . 0 O SF ; $0:50 ISF "` pQO Lfndate Park 3 Subd Driveway O (In ROW) 140 0 SF � $6.10 ISF $854.00 Driveway O (BeHind ROW) (GONG G(NC 0'0 5F " Total Assessment Cost: $1,796.75 611 Vaky Street Curb Gutter & Pavement (Fronting) 75.5 LF $9.76 ILF i $7,96.13 Ramona Garcia Gonzales " ". Curti Gutter & PaVe "ment (Sidings r. 0 0(LF _ 1 $4:88 ELF MOO E45' of Lot 25 & W30' of 4' Sidewalk (Fronting) 281,0 SF $1.00 ISF I $281.00 Lo[ 26, EtlnClt,32 f4' Sidewalk �Sidi(ig)' 0:0`SF $0.50 1SF ;: • $D ;00 Lindale Park 3 Subd Driveway P (In ROW) I 14MiSF $6.1 OUS $854,00 Drive*4yT?JISehrind ROYV} (CONC -CONCH oD;pO. Total Assessment Cost: $1,871.13 '�T .mot I k is . I 618 Vaky Street Curb, Gutter & Pavement (Fronting) 60.0 LF I $9151ILF $585 0 Q Rabert W McLaan Curb Gaffer & Pa'venent(SIdm91 t ': Y t1 O;rLF $!88 ILF Lot 5 131oc 9 4' Sidewalk (Fronting) 208 5 SF Linda1e Subd �` �`"T'" $'1.00 ISF $208 -5D ParK 3 4' Sidewalk (Siding) ' I , �, D.D''SF $0;50 JSI� 0 pp 4113 Harry St Drveway Q (In ROW) pg 0 SF $6.10 ISF ; $1,274.90 CorpusCi7nsil TX7841 (.' tDrivewa O Behuid;Rp Total Assessment Cost: $2,068.40 614 Vaky Street Curb Gutter &Pavement -- " (Fronting) f 60.0 LF $9.75 ILF $585.00 Leticia Garin` gGurb Gii[fer & P vement (siding) 14' Sidewalk t 0,0 t F $.O5 /LF T220 Lot 4 Block 29 � (Fronting) 5.SF L $1.00 ISF p $220.50 Lintlale Parka Subd 4'>Sldewelk�(Sldingl' -.,- �� O,Q, SF , $0.:50 ISF .:� I � �$0�00 Driveway R (In ROW) 140.0 SF $6.10 ISF $854.00 bnvewy R (Bhnd.ROW) a e (t]NC- GONG) "" 00 SF /,SF' "" $D: ©0 Total Assessment Cost: $1,659.50 12/20/2012 3 of 4 PRELIMINARY Vaky Street Paving Assessments 607 Vaky Street C Curb Gutter & Pavement (Fronting) 1 8 80.011-17 $ $9.75 ILF $ $780.00 ArtilitrlAnge6ca Flo' V':Z C C, arb Gutter &Pavement 5idinw ). D D O LF $ $4,88 ILF Granado 4 4' Sidewalk (Fronting) 3 306.0 SF ! $ $1,001 /SF $ $306.00 E30',of Lot26 & W45 of 4 4:�8itlew6lk;(Sid)€tg) "' t 0 "0 5F Lot 27 Block 32 D Driveway S (in ROW) � 0 Sl F I $ $6.10VSFF $ $854.00 ��140 0 Linx��le Park's Subd ; G G3" n�S (�ehind_�?OW),(CONCC,DNC)jM Total Assessment Cost: $ $1,340.00 610 Vaky Street C Curb, Gutter & Pavement (Fronting) 5 59.5 LF $ $9.75 ILF $ $580.13 Cai7r ien G �rres.. urh Gutter & Payer Sidm � = . . " p.(} F r r}.88 ILF; Lot 3 Block 29 4 4 Sidewalk (Fronting) 2 220 0 -SF ° $ $1 00 $ $220 00 Lrniale Park 3 5ubil j j 4' Srdewaik (Sidin4 }: 013 :SF I ISF" $ $D Od Driveway T (In ROW) 1 140.0 SF $ $6.14i1SF $ $854.00 m _ ___ D Driveway T (Betiind,ROW) (CONC CONC} ; 0 0 SF $ $6.10iISF K Kau _ 7 i $ $1,654.13 Total Assessment Cost: 606 Vaky Street C Curb Guth r & Pavement (Fronting) 60 y $9.751ILF $ $585.00 David, R. Paviell ; ;Curb Gutter & Pavement (Si Ing). 0 yLF $ $4.88_IL'F Lot 2, Block 29 j j4' Sidewalk (Fronting) i 1 118.0 F ; $ $1.00 ISF 1 $ $118.00 Lindate Park 3 Subd i i4`Sidewalk- a(drng) xD OFSF $ $0:5415x5: E $p -00 41 18 Holly or. D Driveway (In HOW) � i 0 0 D 5F $ $6 1 JitSF $ $0 00 Corps Chnsi, x 7aat 1 < B Behind Rt3 NGCONC 0 0 tt SF D /SF� Total Assessment Cost: 7 - e $ 602 Vaky Street C Curb Gutter &Pavement (Fronting) 2 25 0 LF $ $9. 75iI1-F $ $243.75 LA Ja ,tortes Curb Gutter & Pavem"Siding) Lot t^ , 8lock'29 4' Sidewalk (Fronting) p p p SF 12/20/2012 4 of 4 NOT TO SCALE PROJECT #6503, 6504, 6505 PAVING ASSESSMENTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS BOND 2008 DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 9 = .:� T 3AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of February 26, 2013 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 Fred S@a cctexas.com (361) 289 -0171 ext_ 1213 11 Airport Parking Facilities Management Agreement II 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 I 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 1 Expended Amount This item $38,332 536,648 $574,980 BALANCE rurwks): riirpor[ 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 �� ■r.rrr NNNOW City of Carpus Christi CORPUS CHRISTI INTERNATIONAL AIRPORT PARKING EACILITES MANAGEMENT AGREEMENT City of Corpus Christi . • Republic Parking System, Inc. EXHIBIT A: Recitals ARTICLE I: Scope of Agreement ARTICLE II: Definitions ARTICLE Ill: Terra 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 VIII': Parking Management and Operations ARTICLE IX; Books,. Records, Accounting and Audit. ARTICLE Xt City's Duties ARTICLE XI: Contract Personnel ARTICLE XI: Indemnification and Insurance ARTICLE XIII'. Termination ARTICLE XIV: Assignment or Sub Contract ARTICLE XV General Covenant ARTICLE XVI: Subsequent Contract. EXHIBIT A: Property & Facilities EXHIBIT B: Parking Plaza Designated :Office Space: EXHIBIT C: Designated Parking Facilities EXHIBIT D: Monthly 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 I: Loan Amortization Schedule Page 2 of 38 Parking,l: of Managementi:AgmE 2- =1-13: AIRPORT PARKING FACILITIES MANAGEMENT AGREEMENT — CITY OF CORPUS CHRISTI AND REPUBLIC PARKING SYSTEM STATE OF TEAS COUNTY OF NUE.CES § THIS AGREEMENT made this. day of , 2013, by and between the City of Corpus Christi (CITY) and Republic Parking System, Inc,, (OPERATOR), incorporated in the State of Tennessee and whose corporate address is 633 Chestnut Street, Suite 200Q, Chattanooga, Tennessee 37450. RECITALS WHEREAS, the CITY owns and operates" the Corpus Christi International Airport (AIRPORT); anct WHEREAS, the CITY determined it is necessary in the promotion and accommodation of` air commerce and air transportation that adequate, economical, courteous, sate, clean,. and: efficiently operated automobile parking facilities be maintained for the benefit of air travelers, employees, tenants, visitors, contractors, arid.others; and WHEREAS, the: CITY detennined 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 viri`th a third party operator for the management of the parking facilities < with sufficient experience and competence in revenue parking operations; and WHEREAS, the CITY has determined that selecting an operator through the competitive Request for Bids (RFB) process is in. the best interest of the CITY; and WHEREAS, the CITY determined that Republic Parking System, Inc., is the successful bidder for the obligation td manage, operate and: M.Pintain. the short terra pubtie parking lot, the long terra public parking lot,, other parking facilities as determined by the, CITY„ and the parking tots ;associated with the Fixed Base Operators (17E30s) during the term of this agreement at the Corpus Christi Airport. NOW THEREFORE, in consideration for occupancy of the premises and of the changes, fees, covenants, `rights and obligations contained herein, the parties agree to all conditions as follows: Page 3 of 38 .Parking Loi Managefraent Agrni" 2 -4 -1 "3 ARTICLE f SCOPE OF AGREEMENT The Operator. must perform all obligations, conduct all activities, and comply with all statements and. representations matte in its response to the Request for Bids (RFB), including any refinement submitted. ire response to the CITY`s so licitation 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 Manpals, Sphedujes, Action Plans, Programs. and all other documentation .required in this Agreement,. along with any supporting documentation. In the.event of conflicts within the documents, the Terms of this Agreement shall apply.. ARTICLE I! DEFINITIONS The fallowing 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. B. A reement: 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 from time to time. 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 a.period of five (5) years commencing on. 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, 201`8 or this Agreement will terminate as called for in this Agreement anal the Option offer will be cancelled. D, Ai_ rport: The real: property and`fad.lities of the Corpus Christi International Airport, as they exist on the date of the commencement of this Agreement, as may be altered from time to. time. The real property anct facilities of the Carpus Christi International Airport shown on Exhibit A, attached to and made a part of this Agreement. E. Automobile: A wheeled , self - propelled vehicle in which any person or property may be licensed for use upon a public road or highway.. F; Base Term: Five (5 ) years commencing on May 1, 201:3 and terminating vnApril 30, 2018• Page ,4 of 3$ Parking Lot Management Agmt 2 -4=73 G. Director of Aviation (Director): The senior - executive manager or his /her designee of the Department of Aviation. atron This term rrsy be used interchangeably with the term- „CITY "' in executing provisions of this contract unless specifically excluded.. H. Disadvanta ed Business Enterprise (DBE): A business certified by the. Texas Deparlrhent of Transportation as a disadvantaged business enterprise as defined in. 49. GM, Part 23: 1. Effective Date. The contract:is.effective,on May 1, 2013. J. Fiscal 'Year: The CITYs fiscal year that curreatly begins on August 1st and ends .July 31 st of any given year. K. Grass Revenues: 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 tither 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 or in part on the Airport or under the rights granted in. this Agreement. Operator its 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 CITE'. 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 thiis. 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 Gr©s Revenues any franchise, capital stack, 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, iii any form, allowed to clients' without the prior written consent of the Director of Aviation. L Management Fee: The agreed to non - direct cost: reimbursement fee that is paid Pape .5 of 3$ Parking `Lot Management Agri t2 -4 -13 to the Operator as compensation for managing anti operating the Parking Facilities. 1. _Office and Ancillary Space: Space within the AirporE 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 ExhiNit 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 ,Manual Written instructions, rules, and conditions detailing operation and management of the Parking Facilities required under Article Vill (PARKING MANAGEMENT AND OPERATIONS') and attached as Appendix 1 and made part of this agreement. O. lion Term: The Terra may be extended fvliowing 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 Ekhibit 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 ethers, together with gate army and the. associated equipment, software and har re;,., parking lot covers, bumpers,. guards,. signs, ticket booths, and any improvements, refated 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, pudic 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 cif this Agreement, including,. but not limited to, ticket dispensing machines, entrance and exit gate equipment, electronic access: control systems Of applicable), revenue collection devices, electronic cash reglsfers, intercoms, radios, and revenue accounting and reporting hardy are and software. ARTICLE It] 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 lJNC3ERTAKEM) fcir;a. term of five (5) years terminating on April .3Q, 2I18 unless terminated earlier as called for in this. Agreement. Page 8 of 38 Parking Lot Martagem.ent•Agmt 2-4-13 B. The: CITY, upon .mutual agreement by the parties, may extend this Agreement for one (1) three (3) year C. ption. 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 on or before January 1, 2018. 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. E: In 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 Optio Term, the CITY may require the Operator _tip 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) unifier this Article III (TERM), Section C above or the Option Term, This "holding over term will not exceed one Hundred twenty (120) days. The mariagement 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 faits 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 Agroemerit will be forfeited to the CITY as liquidated damages. The forfeiture of the ° proposal deposit does not relieve tiie Operator from the obligation to provide a performance bond if seI'acted. ARTICLE W. PREMISES; 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 GITY's obligation is limited to initially Creaking the Premises identified. in Exhibits B and C available to the Operator for its use. B. The CITY reserves tfre right to add ;additional or modify existing surface parking areas to accommodate parlcrng 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 nurnb'er identified. in the original contract if the total number :of stalls is adjusted by ten percent (10 %) or more. No Page T`of 38 Parking.Lot Management €lgmt 2-4 -13 adjustments shatt be :made for interim changes as .a result.. of construcfiion. or other infrastructure improvements. Such rights may be exercised ley the CITY at any time during the .Base Term or the Option term (if exercised), of this Agreement, by: giving the Operator no less than ninety (90) days written nonce: of the CITY`s intention. T. The CITY, by it officers; employees, agents.;:. representatives, and contractors; 'has'the right of access to tide Premises at all. times for the purpose of revising the automobile parking spaces, changing or rearranging the entrances and exits, using - temporarily or permanently - -suoh `portions. necessary for making improvements and repairs to the Premises and other Ai-Irp ort facilities; and for the installation of improvements, service reads,'or other facilities necessary for the operation and maintenance of the passenger terminal area or the vehicle parking areas. 3.. The CITY agrees that if any additional personnel, equipment, or supplies are necessary for expanded parking areas, such items will be proposed to the :CITY via a proposed written, amendment and approved in writing by the Director of Aviation prior to budget submission and implementation 4. The CITY agrees that by executing this agreement: the Operak r is not: precluded from submitting a iid_'proposal for any alterations or construction of any future parking areas_. ARTICLE V RIGHTS GRANTED AND OBLIGATIONS UNDERTAKEN' The CITY grants the Operator the authority to exercise the following rights subject to the obligations under this Agreement: A. Operator Rights and Obligations: The right and obligation, under' the terms of this Agreement and subject to direction by the CITY, to manage and operate the Premises in an efficient manner, to ensure quality service and. 'effective control, and to use the office in connection' with. the management and operation of the Corpus Christi Intem. a: tional" Airport ,Premises o.n(y. These rights and obligations are to :be performed in an efficient manner to ensure quality service and effective revenue control. These rights do. not entitle the Operator #o collect arty revenues related to parking areas not included with the Premises that are designated by the CITY for rental car operations or fie create or develop new parking areas or facilities. Although these obligations will not diminish during the. Agreement Term, the specific areas to which they apply may; n the CITY's sole discretion, diminish or expand as provided for ire. this Agreement with an appropriate increase o.r decrease in current budget. Page 8 of 38 Parking Lot Management Agmt.2 -4-1'3 B General Rig his: 1. 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, sulbject 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 t he 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: I. The Operator will riot sell arty. service or product not described in this Agreerent 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 parkin 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 d.ue the CITY as called for in this Agreement. ARTICLE VI FINANCIAL CONSIDERATION & OPERATING EXPENSE REIMBURSEMENT A. Management Fee: As compensation for managing and operating the. ;Parking Facilities, the CITY wilt 'pay the Operator :an annual: rnahagernent fee payable o'1 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 tine CITY. The CITY will. pay the not monthly fee within . twenty one (21) days following receipt of the Monthly Activity Report for the month in which services are rendered. B. Operating x erase Re`mburs shall submit By March 15t of each year during the Term of this Agree ment, Operator shat t Re mil to the director a detailed budget for Page. 9 of 38 Parking Lcifi:.�anager#ier�t Agent 2=4 -13 - - ---_ _...____ I __ the fiscal year CITY skull have thirty (30) days to review and approve in writing the authorized budget for the year. The Operator will be authorized to pay all expenses as approved in the Budget connected with the management of the Parking Facilities as called for in this Agreement when ,due. Expenses In excess of the ;approved budgeted amount, m, 11 not be reimbursable without the prior written consent of the Director. The Operator will submit a written report to the CITY by the tenth (10') day of the month following the month in v3ihich services are performed and payments made listing all expenses previously authorized in accordance with Sections C and © of this Article that were incurred and paid in the operation of the Parking Facilities. The CITY will process reimbursements and pay approved expenses within thirty (30) days after the CITY receives the invoice. The CITY reserves the right to dispute and exclude from the payment any expenses that the CITY believes are not authorized under'this Agreement> The parties vtrill resolve any disputes in an expedited mangler and the CITY will pay an interest rate equal to the highest rate, allowed by the City of Corpus Christi on delinquent payments not under dispute once CITY has receivednrritten notification of delinquer►t payment and CITY has not remedied delinquent paym. ent within thirty (30) days of notification. C. Annual Budgets: 1. Annual Operating Budget: The Operator will prepare and submit for written approval a detailed annual budget a minimum of sixty (60) days prior` to commencement of the Agreement and by March 1 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 VIII (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 the normal operation of the management ofthe Parking Facilities, and will be based on staffing' levels approved by 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 the 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 order the terms of this Agreement to operate the parking program according to the specifications provided. Operator shall specifically identify the.: following additional items, which the Operator will provide at its direct cdst:. a. All licenses; permits, fees:, and .business taxes necessary to conduct. business. b. Headquarters (Operator's home office) pasts and expenses of Page 10 of 38 Parking LotManagernent'Agrnt2-4 -13 -1._ .`_ legal, administrat ve, bookkeeping., executive personnel and company officials. c. The cost of insurance acid bond coverage (excluding Worl<er's Compensation insurance and insurance costs for surveillance personnel) required by this Agreement, including insurance deductibies. 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: a Cost of repairs for damages. caused by negligence or omissions of the Operator or its employees shall be at the sole cost. of the Operator. 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.. g. Any liquidated damages allowed. to the CITY under this .Agreement. Tracking and Penalties: 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 0 erator 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 days as provided for herein, the Operator will pay liquidated damages of fifty dollars ($50.0.0) 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 clay, the source document cannot be located, it will be declared lost, The total cost for a Page 11 of 38 Parking Lot Management Agrnt 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 dare 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 ths,greement on these amounts:: from the lime they are due until the time they are - collected. The interest- charged Will lie the then- current legal rate established .for past -� judgment interest allowed: by the City of Carpus. Christi. 1 The Operator will pay the CITY the prevailing 24 -hoar charge for public parking in -the short term lot,; for each unaccounted -for ticket over 0.3 percent (.OQ3 times the total number of tickets issued) of the total tickets issued each moritli. Unaccounted -for tickets are defined as the difference bd.Maen.the actual vehicle count taken, plus the tickets issued, minus the tickets collected, and the actual; following day's vehicle count. 4. The Operator will conduct a physical inventory 'of all vehicles in the public and tenant Premises each night, beginning after midnight: A report of such inventory will be: sent electronically no later than 12:00 p.m. each following day. The CITY may assess and, if assessed; the Operator will pay liquidated damages of one hundred dollars ($104) per day for each day such inventories are incomplete Qr are not taken, unless the inventory requirement is waived in writing in advance by the CITY or if such failure in not remedied :as. provided herein.. Any Waiver will not be construed as a waver of any subsequent incomplete inventory or failure to inventory. The inventory will be by state license number, and location by lot of the automobile; and will be used for processing lost ticket transactions, locating "lost" automobiles, and establishing the day's "beginning inventory courit.' Liquidated damage assessments will be due and payable upon demand B The Operator will `pay liquidated damages as provided in this Article for any material violation of this Agreement without reirnbt rsem.00t from the CITY following written notice and a cure. period' not to exceed. ten :(1,0) calendar days as provided for herein. Without the CITY limiting or waiving any of its other legal or equitable remedies, the CITY shall have the right to assess liquidated damages in an amount not to exceed, one hundred dollars ($100) per_ day per occurrence for failure `to comply wi #h: the requirements of Article IX' (BOOKS, RECORDS, ACCOUNTING AND AUDIT); and Article. XI (PERSONNEL.) if not remedied as provided herein, The Operator and. the CITY stipulate that if there are three (3) violations acid written notices within any twelve month period during: Page 12 of 38 Parking Lot tutanage'cnent 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 Li i Mated Damages fro. the Operatoes expense reimbursement under Article VI (FINANCIAL CONS]DERATI'ON' & OPERATING :EXPENSE REIMBURSEMENT) if not paid upon demand or to draw. against the Performance Bond. the event funds are drawn from the Perlt�rmance Band, the original amount must be replenished within five (5) days upon wntten notice of such draw dawn. Liquidated damage assessments. will be due and payable :upon. demand. G. Before assessing Iiquidated damages under this Agreements the CITY shall provide the Operator i ith :a written notice of: the failure to amply with this Agreement that is subject to the assessment of liquidated damages. For the purposes. of this Section, :the required written notice may be either hand delivered or sent by facsimile to. the ',Operators: on-Site manager. If the failure to comply dries: not pose safety or liability risk to the CITY, the Airport; the public or employees at the Airport, the Operator will, have forty - eight (48) hours upon receipt of notice to: remedy the noted violation. If such a. violation is not remedied' or reasonable action taken to cause such° a. remedy to the CITY's satisfiaction lrvithin the forty -eight (48) hour period, or -in all -cases if the violations poses a. safety or liability risk to the CITY, the Airport, the public or employees at the Airport, the: Operator shall pay to the CITY liquidated damages from the time the violation began 'through: the time the violation is cured. If the Operator can demonstrate that a violation that does not pose a safety or liability risk as described above cannot be remedied within the forty -eight (48) Dour period, the Operator may submit :a schedule to remedy the violation with a written. request for an extension of time. The written request must be received by the CITY prior to the deadline. The CITY will review the request and, in its reasonable discretion, decide whether to reduce or eliminate liquidated damages during .an . extended period liar cure. E. Procurement. Process. The Operator Will fallow the established CITY's Purchasing and Contracting Policies and Procedures to ensure receipt: of €ompetit ve market- rates for goods and services within the scope of the existing Modth ly and annual budget. The competitive process must include soliciting bids from at least three vendors f ©r goods and service in excess cif five hundred dollars ($500) 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 cif thie Director or designee in order to qualify for reimbursement.. Supporting documentation of the soliditation of competitive prices and receipts for all purchases of over $500 will be kept by the Operator in accordance with the requirements in Arkicle IX (BOOKS, RECORDS,. ACCOUNTING AND AUDIT) for a period of two (2) yearn following the completion of the Agreement.. F. reimbursement Limitations supplies, Cumulative annual reimbursements of expenses for equipment,.: PP and services will not exceed the CITY approved. annual .authorized P i:3 of 38 Parking Lot Man erif a:gem.Agrnt 2 -4 -1:3 Odget ,nless prior written appraval.is received from the CITY. G.. Subsidies and Giants`: Any subsidy or monetary grant the Operator receives from a government agency for participating in a government - sponsored program for persons employed by the Operator or programs operated in conjunction with this Agreement will be deducted from the annual budget and not eligible for reimbursement.. H.. Supporting Documentation. The CITY has the right to request data from the Operator to support any budget item(s)and. to require modifications to the budget. Upon written approval from the CITY, a budget will be considered adopted_ 'The CITY reserves. the right to adjust approved bUd[gets.at its sole discretion at any time during the contract year. ARTICLE VII REVENUE CONTROL AND CAPITAL. RESET WE ACCOUNT 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 :tees, and 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, Upstater. In addition, the CITY will provide necessary handheld units, computers,, software,, and printers necessary for thhe revenue control system and: automobile audits. B Upon execution of this Agreement, the Operator will be required to deposit with the CITY payment in the amount of four hundred thousand dollars ($400,000), which will be used for capital < investment for improvements associated with the administration of this contract. CITY .sh ..11 have'the right to use such funds for any capital improvement it deems appropriate. Operatorwill lie allowed to amortize this'payment over an eight (8) year term on a straight line amortization, as shown on Exhibit I attached hereto, and in the evert the contract Option period is not exercised as called for iii! this Agree. imerit, the City will reimburse Operator for the remaining book value of the investment at the end of the Base Term. Payment will ;be made within one hundred twenty (120) days. following the termination of the Agreement and the satisfaction of all requirements associated with the Base Term. If. the contract is cancelled as a :result: of .a defauit provision as caked for in the Agreement, no reimbursement of remaining book value will be made and Contractor forfeits the full investment amount (improvements and any remaining cash value) to the City.. prior to purchase and installation of any improvement funded through. this capital investment contribution, tits' Operator will submit the proposed improvements to the Director, including all com etitive bids,, for written approvi?tI and procurement. The CITY will be responsible for the purchase and installation of all improvements and the improvements doll! belong to the CITY upon completion. At the end of the .Base Term and /or Option period, if exercised, ownership of improvements Rill revert to the . CITY.. The Operator shall maintain; the improvements, including preventive maintenance and corrective maintenance, in accordance with the; Page U of 39: Parking Lot Meinagidment Agrnt 2 -4_1.3 manufacturer's recommended, maintenance program,. Authorized maintenance costs shall ire 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 of the Parking Facilities and any other services :offered in conjunction with this Agreement are public funds ::of the CITY's Carpus Christi International Airport Revenue Fund arid. will be held in trust :by the Operator, segregated from the Operators non-trust funds., while the funds are in the Operator's custody and control and deposited into CITY Rands as called for in this Agreement. If any, Gross Revenue is last, 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 :sure of monies in an account' designated by the CITY within forty -eight (48) hours -after discovery of such lose, theft,; or unla fiat removal. If the loss, theft, or unlawful. removal is insured: or otherwise secured by the Operator, any payment made to the CITY by the in company,; bonding: company, or other, will be reimbursed to the Operator. D. Collection and Deposit of Revenue Operator will :be: responsible fair providing daily cesh . 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 intrust; for the CITY, account for, and deposit all Gross Revenues derived from the operation of the Parking Facilities under this Agreerrienf. Deposits will, be made laity 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 alloy 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 F90 parking areas as designated by the CITY, The CITY has the sole responsibility for collection ofall fees; payments and other chargers related to the F.E30 parking. areas. Operator shall administer the authorized inbound, outbo.und.. 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 drily as may be authorized in writing by the Director. In the event Operator. provides complimentary use of any Parking Facilities under its control acid 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 dunrlg the Perm or any sactensions 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 Parking 15 of 38 �rkiRg Lot tJlanagenieni Rgmt 2 -4 -43 change. if Operator fails: to Implement any such rate adjustments as advised i ARTICLE 1/111 PARKING MANAGEMENT AND OPERATIONS The Operator will do the .following. A. Quality of Service: In the performance of its service at the Airport, the Operator will maintain a high degree and standard of professionalism_ In particular, the Operator will comply strictly with the following condit %erns and .requirements, 1. Operate the Parking Facilities in accordance with the highest standards and 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; .3. - Provide and maintain sufficient materials, supplies, merchandise, and equipment to ensure a high standard of perking service, 4, Maintain the Parking Facilities in operation and open f6r ,service twenty- four (24) hours every day„ seven (7). days per week including all holidays: 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 { i}) :consecutive clays :: e perator will riot impourid any vehicle without 'the prior` written consent of the. Director. if the: Operator impounds or has removed any vehicle without:. the written. approval of 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: 1. 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. broker; windows, etc). Operator will be responsible for action taken or arrangements made in - connection With the impoundment of automobiles, assume all liability associated with-the removal, and coordinate any impoundment with Airport Qperatio.ns. 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 lot to which vehicle has been removed. Page 7 of 38 Parking Lot Managecriant Agent 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 moirtenance and o:peratian functions described as follows: General Operations: a Each 'automobile entering the Parking Facilities will `fie 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 gill .he identified in a manner and rnetl od agreed by both parties and will not be charged for using the Parking Facilities. b The Operator will safeguard :all equipment and furnishings provided by 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 by the Operator's. negligence, and is not covered by insurance, the Operator will bear all direct and. indirect costs of repair car replacement. Such costs incurred by the Operator are not reimbursable under this Agreement and are due and payable upon demand. G. The CITY may replace equipment or perform other capital improvements on 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 of the. improve. mentss on the ongoing operation. d. The Operator will respond to an emergency situation by fallowing adopted emergency procedures as directed: by the CITY. If any emergency`anses foe which there is no written procedure, the Operator will: exercise the Judgment. of a prudent parking facility operator, Keeping in .mind the best interest of the CITY and the public. Subsequent to the exercise of judgment due 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 judgrrment. 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 on 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 lb writing prior to applying for any Packing Lot Pagb.18 o€:38. ' Management Agm� 2 -413 government subsidy or money grant related to the Operator's management or operation of the Parking Facilities. 9- 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 or indirectly, in connection with any .production, promotion. service or publication without the prior written consent of the CITY, Maintenance: &. Repair. Any expenses anticipated in order to comply with the prom slons:of this Section shall be included in the Operator's annual .budget submission. a. The Premises will be maintained in a clean, safe, sanitary condition, free from any accumulation of rubbish, lifter, debris or garbkqe by providingjanitorial,, cleaning and trash removal for th.0. assigned office space,, and storage areas of the parking facilities. Areas will be cleaned on a:-daily frequency commensurate with traffic and- 05signled functions. Rubbish will be disposed of in a clean and sanitary manner by placing in approved containers at locations designated 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 to :ensure uniformity throughout the Airport. b. Operator Will use its best efforts to keep all structures occupied by the Operator on the PrerWises,free from rodent: infestations. Where rodent$i: 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 event infestation is caused by the negtigence of the Operator, the cost: of treating the infestation Will be charged to the Operator and due and payable Upon demand ym C. The Operator Will replace any burned out light bulbs in the assigned office spa . ce and customer service booths. The QITY will replace all light bulbs that are intended to provide public lighting in the surface I ots: and lighting bollards. The Operator will notify. the CITY of any damag. ed light poles, fixtures and burned out ballasts in the assigned areas. The disposal of light bulbs Will be coordinated: with the Airport Maintenance.. d. The City will maintain and replace.7 when necessary, a. Parking Lot Mariagernent Agmt 2- 4-43; Page Ili of 38 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 cred"eb. t 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. g. 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 Eguipment: Any expenses anticipated in order to comply with the provisions of this- Section shall be included in the Operatoes:annuaI budget submission. a. The Operator is responsible for maintaining the interior surface coating and. paint of 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 once 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. d.. As directed by the CITY, the Operator is responsible foie 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 (microwave s x refrigerators st ©ues, etc.) approved by the CITY in the office space as needed. Appliances pravidec! Page 20 o€:3g Parking Lot Nianagemsnt.Agmt 2-4-113 are not eligible for reimbursement, f. The CITY is responsible for .maintaining, repairing and replacing all locks for the customer service booth and administrative office as needed:. g:: The CITY is responsible for maintaining,. repairing and; if necessary, replacing all furniture in the customer ;service booth and administrative office as deemed necessary by the CITY: h. The ODeratar will immediately report any problems or potential problems with the- .VAC, plumbing or electrical systems to the CITY in their assigned Premises. i. The Operator will ensure continuous operation 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 event of a -,malfunction of the automated equipment, Operator shaii manually staff all positions and process customers to the best of its ability:. D. Operations Manual; No later than thirty (30) days prior to the Base Term of this Agreement the Operator will submit an updated Operations Manual regarding the revenue control system and the day-to-day operations specific to the Parking Facilities operation at the Corpus Christi International Airport for CITY review and approval in writing. The Operations Manual submitted under this Section will be based on the Operations Manual submitted' b the Operator with its Proposal. The final :version of the Operations Manual will be submitted within sixty (60) days after the beginning of the term. The CITY reserves the ;right to amend the Operations Manual at its sole discretion throughout the Agreement Term, provided that any unilateral charges will not modify this agreement or cause the, operator to 'incur expenses not reimbursed by the CITY. The CITY has the right to approve, reject, or modify any Operatiors .Manual to be used in connection with the revenue control system or the day-to-day operations for the Parking Facilities. It is intended to be a dynamic document, reviewed and revised regularly to reflect changing situations. The Operator will operate the Parking Facilities according to this Agreement and the Operations Manual approved ;by the CITY and s tall keep are. updated copy in the manager's office of the Operator. I.. 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 Wnagernent Agent 2-443 Employee Schedules Emergency Procedures Manager's Office Location;. Cellular acid Home Phone Number Company Personnel Policies Procedures to Address Customer Claims for Bodily Injury or Property Damage: 2. The Director of Aviation shall have the sale 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 13y the Director of Aviation. E, Health arid. Safety: The Operator is responsible for reporting all heafth and safety issues to the Airport affecting its operation and/or that comes to its attention._ ARTICLE IX BOOKS RECORDS ACCOUNTING AND AUDIT` A. Maintenance of Books: and Records; The Operator will keep full end accurate books. and records which show all Gross Revenues and all costs of operation of the Parking f=acilities. All books and records will be kept in accordance with gerxeraily accepted accounting principles, acceptable- to the CITY; and in accorda=nce 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 As used in this Agreement, "books and records" include, without limitation, general ledgers, revende journals, register tapes, cashier reports, ticket stock, daily or periodic summary reports, daily and monthly rsports, bar=k deposit slips, bank. statements, credit/debit card service statements,: tax reports to :federal, CITY and local agencies and contractual Agreements with third parties (iricluding subcontractors and joint venture partners) on 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 information is stared. 2 The Operator will. ;keep and maintain records in d separate set of books devoted exclusively to the Operator's operations 'at the Corpus , risti 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 2A -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 tithe:. 3., The. Operator will maintain all source documents including, but not limited. to used1voided parking tickets, cash register: tapes, cashier and dally 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 term of:. U)hited States of America currency,: Operator will deposit into: GITY's.account all revenue received including foreign currency acid the City will smoke any necessary currency conversions. The CITY will report track to the Operator the amount in United States of America currency once any required exchange is� pertormed.to allow accurate accounting of revenues.. B Reports., 1'. Daily: On the 'Is# business day following the day of deposit, the Operator must submit to the CITY a reconciliation of Gross Receipts, Retort.. Required: information and format twill be approved by the CITY. 2.. Monthly: The Operator must submit to the CITY the following monthly reports by the 'I Oth day of each month: a. Activity Repot . A Monthly Activity Report shall foe 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 Facilities, as well as revenue; generated by each lot (Le. short -term, long -term, employee, economy, ,and sip forth) This report will. include a summary of operating expenses for both Ahe 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 coiiected from the CITY but: 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 repast. will include morithly 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 eight to adjust the information required: in the Activity Report. Page 23 of 38. Parking List Management Rgriit 2 -4 -13' 3' Annual. Within sixty (60) days after the end of each fiscal year, the Operator will submit an audited Annual Report reflecting all of the Operator's business 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 78405. The coast. of the: audit shall be submitted as a cost in the annual budget and: will be a reimbursable expense provided it is within the budgeted allowance unless prior written approval is obtained from the director. C. Additional Information: In addition to the reports and records specifically required' by this Article, the Operator will provide. to the CITY any other financial or statistical reports that the CITY may require during the Agreement Term and summarized in Exhibit H hereto attached and °made, part of this agreement. D. Audit. The Operator'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 Deep 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 a 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 CITY'S RESPONSIBILITIES. The CITY will do the following: A. Provide and maintain; in good order and condition all drainage and; fighting fixtures:, and furnish electricity for lighting of parking lots facilities. B. Maintain the. parking lot surfaces (including painting and striiping.), 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 Band C. D. Sweep the surface lots and sidewalks. E: Remove and dispose of grease, oil drippings, stains,.. spills, and other' foreign Page 24 of:38 Parking Lot Management Rgr€it 2-4-13 deposits; F. Clean and maintain the drainage areas. G. Provide and repair the signacge 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 the CITY., K. Maintain all general purpose lighting in the tats. Loose rubbish, litter, debris or garbage shall be picked up from around, parked vehicies„ fences, garages, and surface parking areas daily, and disposed of in accordance with all local; City,. and federal regulations: ARTICLE Xt CONTRACT PERSONNEL The Operator .will. employ and provide sufficient personnel to maintain the quality of service required by Article Vill (PARKING MANAGEMENT AND OPERATIONS) during the entire term of. this Agreement. The Director of Aviation has the sale discretion to determine whether sufFieient personnel are provided.. .Number and categories of personnel employed and employee benefits paid (i e,, holiday, vacation; health insurance, etc) by the Operator will be subject to approval of the CITY and is subject to ..adjustment, at the sole discretion of the CITY. The Operator wail prQVide a sinmary of the annual budget submission. The Operator will provide personnel as follows: A. General i',llangger: 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 Larking 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 Agmt 2 -4 -13 written notice within thirty (30) days of the Effective Date indicating the name, business, home, pager and cellular telephone numbers, and business address W such Manager. The Manager will have no other duties beyond supervision of the Airport's Parking Management Contract and will serve as the :prinmary paint of contact with. the Director of Aviation or designee. At all times the Manager is not on duty; a qualified subordinate must be identified 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 f ©r an. interview prior to assignrmert 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 .(I ) year from the Commencement Date of the Agreement, unless; term rioted. ter `cause or removed as provided for in this Agreerent. or in accordance With the Operator's personnel policiesr; The Manager shall have no other assigned responsibilities to the Operator other than to act in the capacity as Manager herein unless prier written approval is received from the CITY. 3. If the CITY is not satisfied with Operator's selected Manager's performance or a replacement Manager's performance, the CITY shall notify Operator in writin g 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 concerns.. 4. If during the Agreement Terra, 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 appointment 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, acid information for the .public in the Parking Facilities during such hours and on such days as the Director :of Aviation approves. Such services wilt include, but will not be 11 rriited t ©, directing the p trQtl to available parking stalls and lots, manning vantage paints td: advise as to the availability of parking spaces, directing the flow of traffic at lot entrances and exits acid tQ 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 surveillance. personnel to a licensed and banded security company: Page 26 of 38 Pang Lot Management Agmt 2 -4-13 G. Office Personnel. The Operator will provide suffieient .office and accounting . Personnel to ensure the proper and efficient conduct of the business. O. _Oo rating Personnel: The Operator will provide . customer service; booth representative and ether personnel at a staffing level . and schedule as: approved in wiiting by the CITY, in the determination of the CITY, to bperaie the Premises .and to :adequately serve the needs of the public using the Premises. 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 senfice 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, clear, identifiable uniforms When: on duty at the Airport.: The uniforms used will be subject to the written approval of the Director of Aviation. The Operator will. also require all can -duty personnel to wear identification badges approved by the Director of Aviation. G. Operator will. not knowingly employ any persop. in connection with the work. authorized Lander this Agreement who has been convicted in a court of competent jurisdiction for theft or misappropriation of funds Operator will perform appropriate background investigatioris on potential employees to comply With this: section at its sole expense. Findings of the investigations will be kept by the Operator i. n. the employee's personnel file and made available to the CITY upon demand. H. The Operator will pay its employees at a level not less than the generaal 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 bomparable to those customary for similar work performed in the Costal Bend Area. of Texas; L The Operator will not divert or cause to be diverted any lousiness from.. the. Parking Facilities located- at'the Airport:. J. Neither the Operator nor its employees i 'Without the prior written permission: of the CITY, will enter or drive any automobile which has been placed on the:Premises by a selfi parking customer, Page 27 of 38 Parking Lot Management Agmt 2- 4-13.:. ARTICLE XII INDEMNIFICATION AND INSURANCE A. Performance. Bond: I .: Operator shall Post with the City a performance bond to be maintained for the dufation 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 Glty. It is the responsibility of the Operator to ensure that the performance bond does: not.. :expire and ensure that the renewal bond is recejved by the City before the previoua `bond's expiration. Expiration. of the bond shall, result m Three Hundred Dollar ( 3€i0.0©) penalty per month until a new bond is received. S Operator ( "Indemnitor') shall fully indemnify, defend, save and hold harmless the. City, its officers, agents, representatives, and employees (collectively, "Indemnitees ") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any, nature whatsoever asserted against or recovered from City on account of injury or damage to person including.. without limitation on the foregoing, premises defects, workers' compensation and :death claims, or property loss: or damage of. any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, whollly or in part :.(i) Opergtor's performance under the Agreement; (n) Operator's occupancy of the Premises and any and all activities associated: with the Operator's .use of the Premises; (iii) the violation by Operator, its officers, employees, agents,: contractors; subcontractors or representatives of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or ndirectly, to the Agreement, {iv) the exercise of rights under this Agreement; or (v) a negligent or willful act or omission on the part of Operator, its officers, employees, agents, contractors : su acontractors or .representatives pertaining to the. Agreement :regardless of whether the injury, damage, loss, violation, exe rcise. of rights, act, or omission . is caused ter is claimed to be caused by the contributing or concurrent. negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of ahem, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys' fees, which: arise,; or are claimed' Page 28 ©f 38 Parking List PttanagementAgmt. 13 to arise, out of or in connection with the asserted or recovered incident. Operator covenants and agrees that,; if any of the ndemniitees is made a party to any litigation against Operator or in any litigation :commenced by any party, ether than Op... rat party, relating to the Agreement, :Operator shall, upon- .receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate ail claims and demands, attend to their settlement or other disposition, defend any of the Indemnitees. in arll actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any liability, injury, damage, lasso demand, claim, or action. C:. Insurance: Minimum Insurance Requirements are outlined -in Exhibit :N. ARTicLE Xlll TERMINATLN 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 fallowing events occur:. a. The occurrence of anv 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; b. The filing by or against the Operator of any bankruptcy petition in„ either voluntary or involuntary, or the making by the Operator of any assignment far the benefit of creditors, either of wi i:ch actions will terminate fh'is agreement and bar the passing hereunder of any benefits . to creditors, assignees, :or transferees; of the Operator. The abandonment, discontinuance, or assignment by the Operator, Wit hcaut written consent of the -CITY, of any or all of the operations ano services permitted or required by this Agreement, except asp 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 CITl� to do so 'within three i`3) calendar clays following written notice from the CITY' Page 29 of 38 Parking. t.bt Management Agent 2 --4 -13 ' e. Failure of the Operator to comply with the CITY approved Operations Manual or perform any oblrgation..of this Agreement within a ten (10) calendar day cure period unless the.::c ire period is otherwise speclfied in this agreement.: 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 (IQ) calendar days in which to correct the problem or to enact such corrective actions. 2. Upon termination by the CITY,, all rights, powers, privileges 'arid: 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 Mth its operation under this Agreement. and to leave the space `in its original condition, normal gear and tear excepted. Any repairs required to return the space to that condition will be provided by'the C1TY and tl�e cost of such repair plus a'fiteen percent 05°fo) administrative fee will be invoiced to Operator and due :and payable upon demand_ Termination of :the Agreerment 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 't le CITY as called for in ibis 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 ti's .cumulative and will hot affect any ether legal rights or remedies available to the CITY. B. CITY's. Right of Re -eD . As an additional remedy, upon giving- written notice of cancellation or termination, the CITY has the right to re= enter- -any part of the P�emies on the effective date of cancellation or termination without further notice of any bind, remove all persons, and regain and resume possession either with or without th Institution of summary or legal proceedings or otherwise. Any re- entry 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, C. Termination bv O eratoc I. Operator may terminate :this Agreement and all of its obligations under this Agreement at any time if one .of the following events occurs; provided: that only Page 3© of 38 Parking Lot Management Agent 2 -4-13 the entire Agreement may be terminated: a. The refusal of any governmental agency having jurisdiction over the flight operations at the Airport, to grant. or permit all carriers operating from life Airport the right to regularly operate rnto and: from the Airport, for a period. exceeding ninety (90) days because of the condition, maintenance, or in.adequacy`of the Airport; or c. The breach by the CITY of, or its failure to perform.,, any of the covenaPts or agreements contained in this Agreement, and the failure of the G' TY` to remedy orto 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. vacation ofPremises „bv 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 othenNise. 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 kodi use of the Prerr ises to the extent permitted elsewhere in -this Agreemment and any damage resulting from. causes over which that the Operator has no control. E. Transition at Termination Cancellation, or 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 nee s 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- CONTRACT A. The Operator will, riot mortgage, hypothecate, or otherwise encumber Qr assign' the ngt is granted under this. Agreement, nor will the Operator subcontract; in Whole or Page 31 of 38 Pa long cs...ManagementAgrmt 2 -4 -33 in part, without the prior written consent of the CITY. Any attempted assignment, mortgage, hypothecation, subcontract, or encumbrance of the rights, or others iolations of the provisions of this article, will be null and void and confer .no right, title, or interest in` or to this Agreement not right of occupancy of the whole: or : any part of the Premises i . upon. any such assignee, mortgagee, encumbrance, pledge, or other lien holder, subcontractor, successor, or purchaser. B. Any proposed assignment or subcontract must be submitted to the CITY in four Wcopies., each bearing the original, notarized signature of all parties. All coven an W and provisions in this Agreement extend to. and bind the legal representat . ives, successors; and assigns of the Pa. rfies. 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 rbonsolidation with or reorganization of the Operator, to a. corporation pu re hasing 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. r persons awning more than fifty percent (50r/,()) of the voting power for the election of the board of directors of the corporation. ARTICLE XV GENERAL COVENANTS 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 15.2, subpart E on the, grounds of race, creed, color, national origin, or sex. The Operator will ill riot 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 wil . I also undertake affirmative action programs and require assurances from their sub organizations, as required, by 1:4 :CFR, Part 1.52, Subpart E. B. Applfcabili!y. of City and State Statutes: All., terms of this Agreement will be. governed by and be subject to the provisions ns 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.1he courts of the Count y of Nueces, State of Texas. C. Approval by CITY: The CITY will not unreasonably withhold. any approval required under this Agreement_ D. Proposal Documents. It is expressly understood and agreed that the Request for Page 32 of 39 Parsing tot Management Agmt 2-4-13 Proposals, Instructions to Proposers, the Proposal, Proposer'§ Affidavit, Proposer Questionnaire, proposal deposit. and any addenda, are a part of this Agreements and each of -the pa. rties does expressly covenant and agree to carry out and fully perform all of the provisions in each document. E. Capons The captions of the Article and sections of this Agreement are for convenience only and do not necessarily def=ine, 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. F. Condemnation It the Premises are condemned by any proper authority, the term of this Agreement will end on the date the "Operator is required to surrender possession of the. Premises. The CITY .is entitled to all the condemnation proceeds. 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 maybe prorrided by each tenant, concessionaire, or lessee. The Operator agrees to be: Found' by any decision, subject to any rights the Operator may have. to seek administrative or judicial relief. H. Disadvanta-ge Business, Ente3r0rises: The Qperator will prowde the Airport t+uith any and all information required under 49 'CFR Part 23, pertaining to Airport Concessionaire Disadvantage Business Enterprises (ACDBE).. Disasters ..lf, in the determination of the CITE, tire, flood, earthquake or other casualty damages the Airport so extensively as to render it unteriantable, either party may elect to terminate this Agreement on thirty (30) days, written notice to the other party. if this Agreement is terminated because of a disaster, the CITE'" will prorate the fetes due the Operator up. to the time the Airport becomes uritenantable. ,1. Discrimination: The Qperator covenants and agrees that discrimination on the grounds of race, col€zr, religion, national origin, ancestry, age, disability, or sex will not be permitted: against an patron, employee., applicant for employment, or other person or group of persons in :any manner prohibited by federal, state, or CITY law. The Opera tor recognizes the tight of the CITY to take any action necessary to enforce this covenant, including actions required. pursuant to any federal, state; or CITY lam. K. Execution by CITY: This Agreement is not effective 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 ender this Agreement, but only creates a :month -to Page 33 of 38 Parking Lot. Management Agmi 2443: monthh tenancy, regardless of any payment accepted- by the CITY. The Operator's obligations to perform under this Agreement will continue until the CITY terminates the month -to- month tenancy. The CITY may terminate the tenancy at any time by giving the operator at least ten (10) calendar days written notice. Unless otherwise mutually agreed by both parties, payment of Management Fee shall remain at tie. same rate as prevailing rates for each lot when the holdover commences. M. Integration end Merger: This Agreement sets forth all the terms, conditions,. and Agreement of the parties and supersedes any previous understandings or agreements regarding the Premises whether oral or written. No modification or amendment of this Agreement is effective unless in writing and signed by both the parties. . N. InterrelationshiD :of Provisions: All pr ..sions 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. 11odific atioi The Operator acknowledges that the CITY may modify this Agreement to meet the revised requirements of federal, stater and CITY 'grants, to operate the.Airport, or to conform to the requirements of array revenue bond covenant.to which the CITY is a party,. The CITY may make the :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 National Emergenw7he 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. O.: Na Fault 1_oss.pr DarnagW The Operator expressly waives any and all claims for: corn for an.y 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 any 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 Agreemenfi; it is not a waiuer.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 property given if sent by any Page-34 of 38 Parking Lot Management Agmt 2-4-13 n t1 nally recognized ovarnighl courier service, artd addressed as. follavis: When to CITY- When to OPERATOR: CITY OF CORPUS CHRISTI Attn: Director of Aviation Cotpu . Christi Intemational airport. 'l 000 .International Blvd Corpus Christi, Texas 78406 When. to OPERATOR: REPUBLIC PARKING SYSTEM Chris J. Howley Executive Vice President 33 Chestnut Street, Suite 2000 Chatt -hoo . a, 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 government- operated transmitter, receiver, or navigation .aid. until the cause of the interference is eliminated.. U. Reservation of Ri hts The CITY specifically reserves the right to grant to others . the rights and privileges not specifically: and exclusively granted to the Operator. Th.e :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, nights, or privileges, express or implied.,, ether than those specifically granted by this Agreement. V. Restrictions and Regulations: 1. Ail of the Operator's operations and activities under this Agreement will be subject to; a. Any order, direction, car 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 of any governmental authority ]awfully exercising authority over the Airport or Page 35 of 38 Packing Lot Management Agent 2 -4 -1.3 Operator's business or other activities under this Agreement, 2. CITY will not be liable to the Operator for any diminishing or deprivation of its rights under this Agreement clue 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 iriterfer+e 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 try operation: of law in .accord'ance �+ ith the laws of the State of Texas. W CITYs RightW Access and Insgection 1 The CITY, by 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 of its obligations under this Agreement,. and to do anything which t 11 CITY may be obligated or .have the right to do under this Agreement, or otherwise. 2. CITY, by its officers, employees, -agents, representatives, arid contractors, has the right, for the benefit of the Operator or for th:e benefit of others at Airport to maintain and operate existing and future utility sllstems in, oil, or iartder 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.:or 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 XVI. SUBSEQUENT CONTRACT A. Subsequent eptract Award. The: Operator acknowledge or cancellation of this that on the exprratiori s 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 O erator 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: ?age 36 of 38 Parking Lot Management igmE 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 by its time schedule, and cooperate with the CITY and the replacement Operator in carrying out the transition 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 replace ren# operator as directed by the CITY. If the Operator neither sells nor removes these items within five (b):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 (1'5 %) 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. ATTEST: Armando Chapa City Secretary CITY OF CORPUS :CHRISTI Ronald L. Olson City Manager OPERATOR: REPUBLIC MARKING SYSTEM, INC., a Tennessee corporation. By: B Chris J. Howley, Executive Vice President (far attest) title Date: ?- 7-13 Parking Lot Management Agmt 2-4 -13 Date:;? 7l3 Page. 37 of 38 This instrument was ackr Executive Vice President me on ' 2013, by Chris I Howley, System,; Inc., aVrennessee corporation, on behalf of the corporation. �• N'� "U��", srAx� d 0 N � cry Cc Hrt�►��`` STATE OF COUNTY OF r Notary Pd6lic, State W ell ee My Commission expires This instrument was: acknowledged before me on 2013, by 62 � �i/i � �� of Republic Parking System, in ;, a Tennessee corporation, on behalf of the eorporatioti�r�� } # +���,� RE SIATc rENIVEs 'SE� otary Public, State o Y a7A MfCammission expires y� IJB:rc Parking, Lot Management Agmt 2 -413. Page 38 of 38 Ll e�. Exhibit D Monthly management. Fee schedule Year I Management Fee: :° . 9.583:!0 per month Year 2 Management Fee: 9;583. 00 per month Year 3 Management Fee: $ •y' .. .:- 91583 00 per month Year 4. Management Fee: $ 9'583 .00 per month Year 5 Management Fee. . 9,583 .pD _ per month Exhibit E Existing Revenue Control Equipment Sean Net Host pc Lief] Optiplex 740 with ScanNet Control .Wriagement System software version, 4...6.3 (build 6) hlcludes I additional console and. up 16.32 devices reg# 160767752075191280783 wl AEC. SmartAPC 750XL and external HP .storage works DAT72 USB 1 -FAPD port controller 1- DATACAP data cap: I -IP Tran data cap 1-LPI dap dapbase CE3000 ethernet I -LPI P ION WorkAbout LPI FAPD A1.3.1 Se=nd Client po Drill .Optiplex 745 ' (b€zild 5)- peer to peer Short 'Term Westside 91 Model# MG 1000 SST T:ieltet Spitler, part . SKI) -1537 I -SST Transport ;pint# 87 -19021 WRh burster prnt# 87-- 19022, D404al : SKC.I580 I -SST Omega Controller part# 87- I921.1 1--SST CPU P.C. Assembly ;part# 87-19169 I SST 'Power Board .Assembly pmt# 874`92.98: 1-Power:SLrply:(24udct@6.5 amps) part#€ 1..1 =11228 lodew G -90CD Barrier Gato, part# SKD 1735 I Ornega LCD Controller pmt#23 -8703 I- PC board, G90 LCD pmt# 20- 11776- w /con;fig module w/basic software pmt 23 -16023 1 -Motor 113HP 50160 cycle I PH w1 capacitor pm€# 21 -335$ 1. -'Gear reducer pmt# 22 -2750 w/ pulley 4 '5518" gear reducer 2 -Vee. Belt 27" part# 21 -0656 1:- Gate .AM,! Oft part# 23 -3020 I Cyber power 550VA UPS I- IFS D10101D111,0 /DIItl RSS2327RS422 Tr"scelver I -Lot Full Pedestal' Page 1..of$ Exhibit E Existing Revenue Control Equipment Covered Parking Eastside .#2. Model# MG 1000 SST Ticket Spittcr, part# SKD -1537 I -SST Transport 'part## $749021 with burgter.part# $7- 194122, Model# SKC1580 !-SST Omega Cgritroller pars# 91-19211 I -SST CPU P.C_ Assetnitly part# 87 19169. I�SST Power Board Assembly part# 87 1.829.8 1- Power. Sap p1. {24vd 6.5 amps) pant# 1. 1- 1'1228 Modei# G: 90CD Barrier Gate,;partff SKD 1735 Ii- 0rnega :LCD:C4ntrotle.r part#2:3 -8703 i -.PC board, 090 LCD part#;2011776 wlcon.— ig.module• ui� basic.software part423- 16023:: !-Motor .1 13HP 5•0lti0. cycle I PH wZ capacitor part# 21 -3358 1- Gear reducer part# 22 -2750 J pulley Vx5f8 "_gear:reducer. 2 -fee Belt 27" part# 21- 0656: I -'Gate Arne, I Oft 'part#€ 23 -3020 1 Cyber power 550VA UPS I -TTS D21.00 Fiber optic Ne. of k, Link I -Lot Full :Pedestal I orig Terri± Eastside 43 Model# MG 1000 SST Ticket Spitter; part# SKD-1537 . 1 -SST Transport part# 87. 1.90.2.1 with Burster park# 97- 1.9022, :Model## SKC15:86 1 -SST Ornega Controller, part# 8.7- 19211' 1-$ ST CPU P.C. Assembly part#:57 -19169 I -SST Power Board Assembly part## 87 -19298 -Power Supply (24vdc@ 6:5 .amps) part#€ 11- 1.1228 Model# G' -90CD Barrier Gate, part# SKD 1735 I- Omega. LCD Controller part#23 -8703 1 PC board, G90 LCD part# 20 -11776 wlcom ig module w/basic software part#12345.023 -Motor 1l3HP 50160 cycle 1 PH wf capacitor part# 21 -3358 1- Gear reducer part# 22 -2750 w/ pulley 4 "x5fg" gear reducer 2 -Vee Belt 27" part+# 21 -0656 1- Gate Arm, l ©ft part## 23 -3020 1 Cyber power 550VA UPS I -II~S DJGIOIDIIEOtDI'11!1 !. 92.32f, 5422 Transceiver ! -Lot Full Pedestal Page 2o#'S Exhibit E Existing Revenue Control Equipment Lang Term Westside #:4; iblodel# MG 1DD0 SST Ticket S,p Mer, part_# SKIS -1537 I -SST Transport: part## 87 -19021 with b1lrsterpart 487- 19022, Model# SKC1580 I -SST Omega Controller par## 87- 1921.1 I -SST CPU P.C. Assembly part# 87- 19169' I -SST Power Board Assembly garW..87- 19298. 1 =. Power Supply (20de@ 66 amps) paw° 11- 11228: Model# 0-94:CD .Barrier Gate,.part# SKD 173: I-O.mega LCD Controller part##23 -8703 1-TC boazd, G90 LCD part# 20-11776 w /conllg: module w1basic software part�,23A6G23 1 -Mater 113HP 50/60' cycle I PII`w/ capacitor part# 21 -3358 I - Gear fencer part# 22 -2750 w/ pulley 4`-'x518 *' gear reducer 2 -Vee Belt. 27" part# 21 -0656 I- Gate:.Arer3; lOft.gart## 23- 3.020 I Gyber pourer 550VA LIPS 1 -IFS D2100 Fiber t_Ip0c. Network Liu 1 -Lot Full Pedestal.. Covered ,Parking. Westside #S Model# MG I00O SST Ticket S fitter, part## SKD -1537 I -SST Transport ;part# 87 -19021 with burster part# 87-- 19022, Model# SKG 15810 I -SST Omdga Controller ,part# 87- .19211. I -SST CPU P C. Asserribly part# 87- 191.69 I- SST .Power Hood Assembly part## 87 -19299- I- Power Supply (2, 4vdc@ 6.5 amps) part# 11 -11228 Model## G 90CD Barrier Gate part, SKIT 1735 i- Omega _ LCD Controller part##23 -8703 1 -.PC board, G90, LCD part#:20 -11776 w /uonfig Module w/basic software part#23- 16023 1 -Motor 1 /3HP 50/60 cycle.T PH.w! capacitor part# 21-3358 I- Gear reducer part## 22 -2150 w/ pulley 4 "x5/8" gear reducer 2 -Vee Belt 27 part# 21 -0656. 1, Gate Arm, 16ft.par.W 23 -3020 1 Cyber power 550VA.. UPS 1 -IFS 11.1,010/13111 'o/DT'I IIRSS232iRS422 Transceiver !-Lot FuR.- Tedestal Page 3 of8 Revenue Control Equipment Inventory AYN,; 2011 Short Term East Crossover Gate Model# G -90CD Barrier Gate part# SKD 1735 I- OmegaLCD Controller part#23 -8703 1- PC board, G "90 LCD part# 20_1177€a wlconfig module: w/Wsie software part#23 3.61123 !- Wtor 113HP 50160 cycle IPli:rv/ capacitor part:# 21 3358 1- Gear reducer part# 22 -2750 wl pulley 4 "x518" gear ;veer 2- VeeBelt27" pail# 2I -0656 1- Gate Arm, 10ft part# 23.3020 Short Term West Crossover Gate Model# G -90C D Barrier Gate;, partt# SKD 1735 I- Omega. LCD Controller patt#23- 8703 1- PC board, G90 LCD partff .20 -11776 w/tonfigmcdule wv basic software part923- 1:6023 1 -Motor 1 /3HP 50.f6O cycle I PH wf capacitor part# 21: -335'8 1- Gear reducer part# 22 -2750 wf pulley 4 "x5JW' gear. reducer 2 -Vee Belt 27" .part# "21 -0656; 1- Gate Arm, !Oft part# 23 -3020 1 Cyber power SJDVA ilPS 1-1 F S D21.00 Fiber Optic Network. Link Covered Parki gEast Crossover Gate Modcl# C790CD Barrier Gate,,partff SKD 1735 I- Omega LCD Controller partr#23 -8703 I- PC board, G90 LCD partt# 20- 1`1776 w /confg module wlbasic software part##23 -16023 !- ,Motor 1 /3HP 50160 cycle 1 PH w/ capacitor part# 21.= 3358. 1 Gear reducer part# 22 -2750 wt pulley 4 "x31$" -.ear :reducer 2 -Vee Belt 27" part# 21 -0656 1- Gate Arm, !Oft pact# 23 -3020 Covered. Parking West Crossover .Gate Model #" G -90CD Barrier Gate, part# SK.D 1.735 I -Omega LCD Controller 'part##23 -8703 1- PC board, G90 I.CD part#.207 11775 w /config module w/basie software patt#23 -16023 !- :Motor 113HP 50160 cycle I .PH wF capacitor" .part# 21 -3358 1- Gear reducer part# 22 -2750 wf.pulley 4 "x5 /8" geac.reducer 2 -Vee Belt 27" part# 2.1 -0656 1 -Gate Ann, [Oft pa. 23 -3020 i Cyber..power 5.50 VA UPS. 1 -IVS 1321,00 Fiber Optic. Network Link Page 4 af8 Revenue Control Equipment Inventory MayN, 2012 Exit B:ocith.Lane 4 1 Auditor ftwerPad System, part##SKC -1677 (93 -1Q ..q. 1- Power .Supply unit (Black. Box) Nid interface lioarti part# SKCA667 I -SST C:PU P.C. Assembly part# 87- 19169. 1- Patron Fee ln(Watar I-Epson Printer model# 950 1`rtCash Drawer 4- editor POwerPM3 Fee>Camputer 1 -SST Ticket WWator wISST Transport and parker part#SKC -1591: 1 -422 to 422 Universal Coma unWation.:Isolator 1- APC-Back-UPS ES 75' bacic€�p: i5a0my W/ battery pack !- Phillips LTC3364140 lens 2 8- 1.2mmVat`tfocat J1 Phillip& LTC0455 120 High Resolution Color Camera 14iphone intercom uni LEF-1:0 1- Westinghouse 22 VR- 22.18 'LCD HDTV wlRemote.: Exit. Gate 14-110 #1 Model# G -90CD Barrier !Gate, part# SKD 1735 I -Omega LCD Controller part#23 -8703 l- PC board, 090 LCD part## 20 -11776 wtconfig module: wtbas c'software part#23 -16023 l -Motor 113HP 50!60 cycle 1 pH wl.capacitor pa:rW 21_ -33 9 1 Gear :reducer part# 22 -2750 w! pulley 4 "x518" gear reducer 2 -Vee Belt 27" p# 21 -0656 I- Gate Arm, loft part# Z3- 3020 I Cyber power 550VA UPS Exit Booth Lane 02 Auilttor'PowerPad'System, parut SKC -1677 (93- 10092) !-Power Supply un. (131aek Box) wl interface board ; path` SKC -1667 1 -SST CPU P.C. Assembly part# 87- 19169 1- Patron Fee Indicator J - Epson Printer r odel# 950 1 -Cash Drawer !- Auditor PowerPad3 Fee Computer 1- Single `Board Computer (SBC) I -SST Ticket Validator wfSST Transpmt and parker parWSKC- .1591 1- 422 to 422 Universal Communication Isolator I -AP C Back -13PS ES 756 .backup. battery w/ battery pack 1- Phillip s'LTQ.164l40 Jens 2 8 -12m nVanfocal !-Phil lips. LTC0455/20 High Resolution Color Camera 1- Aiphone: intercom uqi( EF-10 !-Westinghouse 22 VR -2218: LCD HDTV w/Remote Pages ag Revenue Control Equipment Inventory May24, 2012. E'cit Gate Lane #2 Model-9 G.. -90CD Barrier Gaterpard# SKD 1735. !- Omega LCD Controller part#123-8703 1= PC board, GO LCD part# 20- 11776: wlconfig. module wlbasic software part 23. -10023 !- .Motor 1. /3HP 50/60 cycle I PH. w/ capacitor, part# 21 -3358 I- Gear reducer part#- 22 -2750 wl pulley 4 "019,`: :gear reducer: 2- VeeBel07 " part# 21 -065.1 1 -Gate Ann, 10ft part## 23 -3020 1 Cybei power 550VA LIPS Autoinatie Cashlering'Terminal Exit. Booth Lane -93 Auditor PoNverPad.System, part##9KC -1677 (93- 10092) I- Thermal receipt- printer 1 -SST Ticket Validator w /55T Transport and parker part SKG'1591 ! -Power Supply unit (Black Box) w/ interface board part## SKC -1667 I -SST CPU' P.C. Assembly: part# 87 -19169 1- Patron Fee Indicator 7 -Epson Printer model #`TM -U220 ! -Cash Drawer !-Auditor uditor PowerPad3 Pee Computer: 1- APC:13ack -UPS ES 750 backup battety wl :battery Back !- Phillips `LTC3364 /40.: 'lens 2.8- 12mmVan. focal t- Phillips L:TC0455110 High Resolution Color Camera 1.7Aiphone intercom unit LEF.40 Exit Gate Lane #3 Wdel# G -90CD Barrier Gate, part## S:KD 1735 I Omega LCD Ccintmller t#23. - ::par8703 1 -PC board, 1590 LCD part## 20= 1;1776 vvlconfig modplq wlbasic software part#23 -16023 ! -Motor V3HP: 50160 cycle 1 PH wf capacitor part## 21- 3358 I- Gear reducer part# 22 -2750 wI pulley 4 "x518 gear reducer ZiXee Belt 27" .pint## .21- 0656' 1- Gate Anti, I Oftpart# 23 -30:20 1 Cyber °power 550VA UPS Commercial Lane Model# G -90CD Barrier Gate; part# S.KD 1.735 I -Omega LCD Cantmfler par #23 -5703 1- PC board, G90 LCD part## 20-:14776 w /conrig module w "basic software part#23- 16023 1 -Motor 1 3HP 50160 cycle 1 PH wl.capacitor part## 21 -3358 1- Gear reducer part# 22L!156 wl pulley 4"x5 /81° gear reducer Z -Vee Belt 2T' .patt# 21 -0656 1- Gate Arm I Oft part## 23 -3020_ t- ,Cyber power 550VA UPS 1- FA.PD Gooseneck pedestal w/ Aiphone LE -D intercom 1- Passport 360 controller 1- Passport 360 Reader Page6 615 Revenue Control Equipmen Inventory May24., 2012, Employee Gate Entrance Model#F :G -90CD Barrier Gate, part#`SKD 1735. I Omega LCD Controller part#23 -8703. 1- PC board, G90 LCD part# 20 -11776 w /con- ig module Whasic software part 23 -16023 1 -Motor lBHP 50166 cycle.I PH w/ capacitor part# 21 -3358 I- Gear reducer part# 22 -2750 l f pulley 4"x5/8" gear reducer 2- VeeBelt27" part# 21 -0656 ,I- Gate Arm, 30ft part# 23 -3020 1 -FAPD Gooseneck pedestal with Sensom.atic card reader Employee Gate Exit Model# 0- 90CE)Barrier Gate, part# SKD 1735 I- Omega. LCD Controller part#123 -8703 1 -. PC board, .G90 LCD part# 20 -11776 .- wfcorilr%- module w/basie software :par t #23 - 1.6023 I -Mot ©r 11311E 50/60 eyrie I PH`wf capacitor part# 21 -3358 i- Gear reducer' part# 22 -2750 w/ pulley 4 "x5 /S" gear reducer 2 -Vee Belt 27" pa 2I -0.656 I- Gate term, 10ft part# 23-3020 1- FAFDGooseneck pedestal with 8ensormatic card reader Rental. Gar. .:Employee. Crate Model## G- 190C DBarrier Gate, part# 5K13 1735 I- omega LCD Controller part#23 -8703 I- PC board, G90 LCD part# M- i'1776 w /conjag. module w/hasic software 94rt#23 -16023 1 -Motor 1/3HP 50160 cycle 1 P Evf capacitor part# 21W33 "58' 1- Gear reducer part# 22-2750 */ ..pul ley 4 "x5 /8" gear reducer 2 -Vee I3 A27 "part#21 065:6. I- Ga e. niiR 10ft part#/ 23= 302:(1 I -FAPD: Gooseneck pedestal with :Sensormaiic: card reader Rental Car Entrance Gate Model# G -90CD Barrier Gate, partg SKD 1735 I- Omega, LCD Controller part#23 -8703, 1- PC board, G90 LCD part# 20 -11776 ;w/cbnf-g module wJbasito software parW23 -16023 I`-Mo or 113BP 50160 cycle. I PH w/ capacitor part#1 21 -3358 1- Gear reducer. part# 22 -2750' v/ pulley W x518" gear reducer 2 Vee Belt 27" part# 21 -0656 l -Gate Ann, 10fl part# 23 -3020 Rental Car Exit .Gate Model# G-90CD Barrier. Crate, part# SKD 1735. I- Omega LCD Controller part #23 -8703. i- PC'board, G90 LCD partft 20= 11776 'w /c6nfig ►nodule wibasic software part #23 -16023 I= Motar.IJ3HP 50/60 cycle 1 :PH w/ capacitor part#/ 21 -3359 1- Gear ,reducer ; part# 22 -2750 wf pulley 4'.x5/8" gear reducer 2-We Bek 27" par!# 21-0656 I- Gate Arm; I tali party 216.1020 Page7 Revenue Control May24,, 20.1.2 Short Term East Remote/ Shuttle Gate Model# Cx 90CD .Barrier Gate, pmW SKD 1735 1 Omega :LCD Centm fler partl/23 87()3 1 PC.aeal .a, G9!Q:LCD pardf 29 1 I.17e wleefftig medV lewlaasie sef ware partl/23 ie923 I -Motor I f3HP 5Q!6.fl:cycle 1. PH wI capacitor part## 21 -3358 1 GeaF reancer part# 22 27$0 WI: p1111ey4 "JAS /8" gear reaneer 2 Vee Belt 27" park# 21 9e3e I - Gate Ann, 10ift party 23- 3020 1 Albano Radio Receiver Lang Term West Remote/ Shuttle Gate Model# G -90CD Barrier Gate; part## SKD 1135' 1 Omega, LCD Centrel ter ;past#23 8703 1 PC beard, G90 LCD patW 20 1177e wleefflig : medltle, tzdaasie sefEware par[1l23' I c923 1. -Motox 113HP 50160 cycle 1 PH wl capacitor part## 2.1 33 8 I- Gear reducer part## 22 -2759 wl pulley 4"x5 /8" gear reducer. 2 -Vee Belt 27" part## 2.1 -06.56 1- t="irate Ann, I0ftpart## "23 -3020 1- Aibano Radio Receiver Tall Plaza:E topmont 4- JFS 1 1 1 1 1 1 1 RSS232/RS422 Transceiver 2 422 to 422 Universal Coinmunication Isolator 3 JFS;02100 Fiber Optic Network Ling 2 -- PowerPad luterf 6 Boards: 5- SSTTranspofW.alidatorl arrt# 87- 19021 3 - Burster part## S7- 1:902.2,` Model# SKC1580 3 Parker part#SKCG15.91 3'- SST CPU'P.C. Assembly part# 87-19169 1 - SST Power BoardAssemblypart# 87 -19298 2 - SST Omgga Ticket Spitter Controller part# 87-10211 3 - Omega W13:0ate Controller part# 4703 1 -;SST Power Board Assemb.1y part# 97-19299 (Back. Board) 4- PC : board, Ggli CD Connedadfi Panel part{# 20- 1023:5 (Back Board.) 4- Configuration.rnndule %%%sic software 2'- Epson Printer model# 950 .2: = APC Smart UPS 700XL baekup battery w/ battery pack 1' -Power Supply unit (Black Box) wl.interface b6ard.part# SKC -1557 1- - Pourer: Supply unit (Black Box) 3 . Barctrde Reader 1- Passport 360 controller. 1- Thermal, receipt printer 3-C. sh Drawers 1- ash Mise pasts Pages EXHIBIT F Required Reports Summary Daily Cash Receiptllhterface Reports (Daily) Daily Validation Log Daily Credit Card Batch Report Monthly Activity Reper'rt Monthly Vehicle Count Report Monthly Commuter Activity Report Monthly Revenue Report Monthly Expense Report (Daily) {Daily) (Updated Daily) (Updated Daily) (Monthly) (Monthly) (Monthly) EXHIBIT G` PARKING LOT OPERATIONS- CURRENT CITY PROGRAM $$0.0.01 Parking Lot Funds Control A. General' The operation of parking lot booths: and collection. of revenues shall beAhe responsibility of the Ground: Transportation and Parking Supervisor. Parking tot Attendants shall comply with the following fund management procedures for the Attendants fund and Lead Attendant's: change funds. B. Procedure ?°. Parking Lot ,Attendant's Charge l =Und a. Each Parking Attendant,, and Lead Attendant Vvill be assigned, and shall be responsible for the security of a fixed amount:of.$300.0U, a zippered utility bag, a storage lock box and a key to said ;starage:lock "'box. Any unassigned Attendant Change Funds will be the responsibility of thd°Parking:.and Ground' Transportation Supervisor:. b, An individual lock 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 subjectIo random and periodic audits. d_ Only:assigned funds and zippered bag will. be stored in assigned lock box. Storage. Lockers.are provided in the parking plaza e_ Lock box kay shall be the responsibility, of each attendant key must be:.in possession of attendant::at'all times while on duty. An extra lock box keys-hall be secured by the Finance:.& Administration Manager. 2.. Parking Lot Lead Attendant's Change Fund aW, A,M_ & P M Lead Attendants are each responsible for art additional $800.00 change:funts b. Ghancie funds are stared in individual zippered bags kept'in the Lead's lock box separate from the other funds. c_ Change fund orders will be prepared for Armored Service pick- up and delivery to the Bank_ Lead attendant preparing change order form shall rewire a. verification signature on the change order form for their protection:, T. he: - second change order signer must count and verify the amount before signing the 'for Change fund orders should be faxed to Central Cashier by 9 A M in outer fm.. or their scheduled delivery to be the ;following day. d. Random and periodic audits will be made of Change Fund. 3. deposits 5 -,t 4. a. At the com p- ietio n of each shift, each Attendant will prepare a`depasit for all funds- collected that shift. Each deposit is to be counted and verified by a second Attendant prior to being sealed 'in the deposit bag. and dropped in the safe Bill of ladings, accountability reports, and all related'tiaperwoek required shall be completed at the end of each shift. 1) Journal print -obit 2) Cash Recelpt.Report 3) Combined Funds — deposit Ticket 4) Deposit Bag b) Armored Courier Receipt Book, B) Parking Lot gag Flow i) Parking Lot Validation Form ALL FORMS (17) ARE FOUND CINDER: -DAILY- CASHIER REPORTS' Acceptance of Suspect Counterfeit Currency a_, Special pens have been provided to each attendant and shall be used to detect suspect coun.terfeif currency. All increments will be checked that are more valuable than 20 UO.. Each attendant is responsible to the functionality of the issued Counter detection pen. New dens Will provided upon request. b The attendant who detects a suspect counterfeit currency is to: 1) Contact communication immediately to request the .presence of a Public Safety ificee 2) Not the liconse plate, make and model of the individual presenting the Counterfeit.bifl. 3) Inform the patron of the issue and that due to Airport established procedures' you have. requested the presence of a; Public Safety Officer.: 4) Once, the officer gives permission, the attendant is to secure another form . of payment to cover the fees owed to the airport parking facilities_ 5. S:imul.6neous'use .of.single Toll Booth. a Pdmary.attendant will tog out of computer /cash reg ster. Print journal: report unless logging nut frrthdv remainder of shift. b. Remove all monetary, funds, checks, validation farms and credit card receipts from register. C. .Place these materials in assigned utility bag in assigned lock box for see ority purposes until re- en oping assigned Tall Booth for operation. d. Relief attendant will temporarily log into computer (Iby using individually assigned password) While primary attendant ls away from the Toll Booth. Relief attendant will operate using his/her start up:eash. e. Upon primary attendant's return to operation, relief attendant will log. out oaf. computerlcash register, removing all monies including; start up cash, checks,, and credit card receipts. A journal report will be printed out for the intenat activity- f. Primary attendant wiii log back in by using assigned password and continue the previously interrupted iournal .activity: g. Relief attenda t v► rill prepare amend of shift `Cash Receipt Report. h. Primaryartd relief attendants shall be individually responsible for preparing a deposit €tic period worked., 5 -2 500. 02 Cash:Rjaclist6f t7peratirrg Procedure (Auditor Power -pat) (FAPD) A. Procedure for Longing on to the Auditor Power -Pad using a Password 1. Auditor Power- pad.screen will display DATE —CCIA —ENTER PASSWORD. 2. Type your Password then Press the TimetYes key. 1 Enter starting cash "$300.00 ". (If Power Pad does not askfar.starting cash contact supervisor.) 4. Turn signal:llght switch ,fro.m red tip green. and remove any:gbstacles from the exit lane: B. Procedure for Short Terrti. Covered and LoMq Term Parking ticket collection 1. The system is on "Enter Transaction Mode" 2. Vehicle must be. cn.sensrst(lor'o .).in order to process transaction: 3. Insert ticket into validator. 'System will: automatically calculate: short- long --•«r covered parking rate and display fee to be collected_ 4. Called fee shown on screen, enter amount tendered and hit cash key., Screen will display total. amount due --and change due Patron:. 5. For Receipt Hit Receipt Ivey - register will print-out receipt. 6. Gate will opera after transaction is completed and cash register drawer is closed. .. 7 Register will revert to "Enter New Transaction' :. Display indicates "Enter New TXN" C. Manual Procedure or Processing a Damaged Ticket. 1 . Secure • ticket' from Patron. 2. Select lot where vehicle was parked. ( Short =FilLong= F21orCovered =F4). 3 K.,v in date of entry rested on damaged ticket (MMDDY`f) .and press the QATEINNO: key,.. 4. Key in tirtie of:entry noted on damaged ticket(HH11lIM) and.press the TIMEiYES. key. 5.. Insert.ticket into. Epson printer: 6. Then bIlow procedure. "B .Steps 4 thru Tabove., D. Manual Procedure for Processing a Last Ticket Z Hit LICENSE NUMBER keythen key7in license plate number acid press the TIME YES .key_. 2. After a short period the "LP Processingn message will quit flashing signifying. its completion. Z. Press the RECALL key. This. Will provide you with location time and date of When the vehicle was first, inventoried in the ppWrsg facility Use .:the up and down keys to peruse:the infoimtation. Make note of this information. 4. Press. frst.the ESC key and then the CLEAR key to exit the License Plate' Information Made_ 5. Secure an .unused ticket. 6. Select lot where vehi.cle.was parked (Short =FI /Long =F2 1or covered =F4) 7. Key in date of, entry supplied by the LPI (MMDDYY) and press the DATEINU {fey. 8.. Key in time of entry supplied by the LP[ (HHMM). and puss the TIMENES kept 9. Insert unused ticket into Epson receiptljoumal painter.: 5:--3 10_ Then failow procedures "B" steps 4 thru 7 above. E:.. Procedure for Wo Charge TickeV. 1 Display will: show" 000:0 © "'. For patrons presenting a ticket with five minutes' or less, thiis is a,No Charge ticket. 2_ Insertt es ticket through the validator; hit "LI ENSE NUMBER" key there key -,in LP number to rule out misrepresentation of` the ticket.. a) if LP does appearin'the system then process the ticket, as Per procedure D. "Manual Procedure for Processing a; Lost Tickef and complete this transaction_ When: the LP appears in the system, charge from the date: vehicle is in system, according to which . lot vehicle was parked in I Patron becomes aggressive, immediately contact a Lead Attendant, Supervisor, or Public Safety Officer for assistance. b) if LP does not appear n the system ;then press. CASH key and wish the Patron "A Great lay:" F. Procedure for "Back Out" ticket. 9.: ;Insert ticket through the ualidator, if it reads "Back Outer can the register screan follow procedure for "No Charge' ticket (E -27a). If LP shows NOT FOUND then charge according to data listed on ticket by following 'D. Manual Procedure for`Processing o DamagedTicket.' G. Procedure :for 'Collection of Commuter Permit Fees. 1. Venlythe individual=s proof of qualification to receive a: Commuter Permit by inspecting their. current Airline Employee badge. 2. This, will need to be a stand alone. Transaction. Any parking ticket. presented will need to be processed either prior to or (preferably) after the process is completed; Press the Commuter Misc. (MI) Sales Key: it is preprogrammed $30,00,1 tire. designated' fee established by. city ordinance chapter 9. It is located on the far left side, fourth key from the bottom.. 3. The power pad will prompt you for a description. Type the "month°' & "last name" of purchasing commuter, Le_ "JUN JOHNSON" or MAY VILLARREAL" or "AUG GRAS!"'. There may'riot be enough space for thy: complete last name. Type in as much as Will fit: Should the month being pair.. for is in the next . calendar year, include the year, i.e. "JAN 10 EVANS" or iG URSE'. 4. Press the `YES' key. 5. If the commuter would like to pay- for an additional rnorithisj, repeat Step #2 thru #4, else continue. to Step #5.: The name would not,have to::be: re- entered on consecutive entries. No more than four (4) months can be processed on a. single permit. Each permit will.be an indiVidual transaction. 6- Proceed with the normal payment collection: procedures: a} Should the permit not be on land to .issue to the purchasing commuter, I) Print:a Receipt for the commuter. This can function:as their permit: temporarily until 4n: actual permit is:issued to the commuter. !i) lnfor . the.Parking Plaza: Office of'the payment. 1) Note payment information on. Validation Lag. ii) Leave phone message at extension 1246 & 122& b) Should the permit already be on hand, verify the information and note 5--4 the payment and method of payment_ .Once the Commuter has signed the permit, the WHITE copy is given to the commuter. The Pull ropy is: attached to. the Attendant's shift paperwork. The YELLOW copy is .placed in the "Park #1" Mait Box in the Parking Plaza Break Room. H Procedure for Collection. of Promissory Note.Fees.. 1. Verify Promissory, mote information against the Promissory Note Log posted in the Communication Log Binder in each booth.. Make note of the Lot in which. the Promissory dote was issued. 2. This Will need, to be a stand alone Transaction_ Any parking:ticket presented will need to fie ,processed either prior to or preferably after the: process is completed. Press either the Short/Long Misc. (M2) Sales Key or the Covered Misr.-, (M3) 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 a'rlescription: Type Kpp & the "last name" of the patron, i.e.. "P TAPIR" or "P HALIBURTGN "' There may not be enough space for the complete last name. 4. Press the `YES'. key. 5. Proceed with the normal payment collection procedures. Print a Receipt.f orthe patron. This will act as their proof of fulfilling thdir:obligation of payment of the Promissory Note. 1. Procedure f: it Collection of Ground Transportation Permit Fees 1, This will. reed to be a stand alone Transaction. Any .parking . ticket presented will need. to ;Ere processed either prior to or a#rer.the. process is completed. Press the Ground Transportation Misc, (M4) Sales Key. leis located on the far left side, last key from the bottom. 3. The power pad will prompt you for a description; Type file umonth"' "permit number"of purchaser; i.e. "JUN 3233" or "MAY 3211" or "AUG 3556". 4.. Press the `YES' key. 5. if the customer would like to pay for an additional permit(s), each permit will be an individual transaction. Complete Step ##6 prior to processing any additional' permits. 6. Proceed' with the normal payment collection procedures. Verify the information and note the payment and method of payment. Once the customer has signed the permit, the WHITE & GOLD copy is given to the. commuter: Verify that the customer understands that the ,W H1TE copy is to be placed in the front dash of the vehicle while on property and that the: GOLD copy acts as the. customer receipt. The PINK copy is attached to the Attendant's shift paperwork. The YELLOW copy'is returned to the Parking. Plaza Office with the register receipt attached to be placed on file,°for auditing purposes. 500.03 Alternate' Payments Policy: 1. Visa, MasterCard, Checks, American Express and Discover a. The alternate payment feature ,provides five options: i. V I.SA 5 -S ii. MASTERCARD iii: Check iv. American Express v D18COVER =2. Procedure #or:Processing a; Credit Card (Visa, Muster Card, American Express and Discover) a. Insert parking, ticket then credit card into validator, the system will automatically read, recognize: the crept. 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 pnnt.:out a .credit transaction receipt which will require the Patron's signature . Once he 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 a transaction copy for the: Patron. Hand the ,patron this transaction copy fo:r "his receipt and return the patron's:.credit card. if denied, other payment arrangements must be grade either payment by check or cash. In case of difficult situations a.. Lead Attendant, Supervisor or, if necessary a.Public Safety Officer may be called for assistance. c. In the event that the validator.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 to credit card being used as farm of payment (b) Key in Credit Gard account #— expiration date. e. In the event that a. "NO SCAN' RESPONSE (no communicafian with ScanNet computer) reply is received: 1.. Attendant should. process the credit..card using a manual 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 ti&.et-is if a Promissory Mote had been issued: 4. Attach Register receipt to Signed copy of Manual Credit Card Slip. a. Once communications has been re- established, process the credit card slip per Section 500.0Z.H. G. Policy for Process a. Personal Check Locaand :surrounding area personal checks or traveler checks shall be accepted for Patron. desiring to pay by check. Out of state checks must be pre - approved by the supervisor or designee'. 5_ Procedure:. 1. Verify that ail information is properly-completed.. Changes, shall be initialed by the Patron. 2. Documentation shall:be: required on all checks accepted by an attendant. The attendant shall verify Patron's personal information:agai:nst Patron's driver license: ai. Name, address and.dnvers license number; b. Signature on: check matches signature on license c. Correct street address if different than address printed on check (P.O. Box not acceptable)', d. License plate number of vehicle, e. Record home and work phone..numbers.. 500.04 Validating :Parking Lot Tickets Validation of a.parking ticket is the reduction of all or part of a Patron's fee. A. Generally only the fallowing patrons will a validated under their corresponding codes. 1. Aviation and Tenant.Empl2yees Patrons who work on site on a daily basis aril have been authorized bythe Director of Aviation or their designeato park in the:.parking facilities. 2 City CouncillAirport Board /State Representatives Officials who are currentlyseniing in their designated <p sitions and present Identieation. These individuals should provide proof of their eligibility of this benefit, 3. Commuters Flight crew members and other affiliated Tenant Aidino employees serving C01A must obtain a Commuter Airline barking Permit (pre- paid . parking pass) from the Adrninistratlon Office. Permit must be current_ 4. disabled . VeteranslPU .te HeartlP'.O.W. Texas law authorizes certain individuals to park in public parking lots, including :arrpe rts;, without payment of fees The. only individuals' exempt from paying a fee are a .disabled veteran, Purple :Heart: recipient, or a POW' (Prisoner of War }, These individuals should provide proof of their eligibility of tthis benefit. 54 ;Cit}G_Employees — Individuals virhoiare employed by the City of o.. s. Christi and are traveling on dityliusiness are author i .. to park in the airporfLo:ng Term parking .lot vAth an approved Parking Authorization:.Form s gried b.y m employee's-supervisor: The.ticket should be stapled to the permit form_ The, Authorization Form is to be placed in the Parking :Supervisor's Mail sox located in the Tull Plaza break room. 6 Prorrussory Motes This is to be used only as:a. last:resort when ;a patron does not have .enough resources' to account for their financial responsibility. The appropriate P"romiissory Note should: be completed anal signed by the responsible party_ The white copy s:given to the> responsible parry. The Authorization Farm is to be placed in the Parking ,Supervisor's Mail Box located in the-Tvll Plaza break room. 7. Guest of Management 'Ticket must be red stamped and initialed by administration office or signed.by the director of Aviation or designee.. 5 -7 8. 30 +Dis.count Patrons - These -are lndividuais who have been parked in the parking facility for more than a 30 day period. These individuals are given 10% discount off their parking fee total due to length of stay. B. Procedure.- lnformation.required to validate a parking ticket: 1. All patrons must, sign the shdtValidatioR Lag. 2. Guest of Management parking ticket "must be stamped by Administrative office unless- :signed by ether Senor Staff the Public Relations &'Marketing. Coordinator, or the Parking &.Grourpids. Transportation Supervisor 3. Patron and ticket information .must tie. completed on the shift Validation. Log. 4. Exits related to validated tickets will be processed through the computer in the same manner as other transactions, and not`.by rs a..nual activation of the oz it gates 5. Validated tickets shalt be separated from floe. rest of the: tickets and submitted with the shift report. 500. 05 Shift Responsibilities, Opening and Closing Procedures A. Morning Shift 1.: Opening a. Svi+ pe employee card: in time .card reader. b. Notify commuPlication1dispat6h of presence at work. c. Secure attendants starting fund ,bag from lock -box cabinet and proceed: to assigned Toll Booth. d Record .assigned Toil Booth meter reading and Log into: power pad by use of personal..:password. e. Remove exit lane barricade and change, signal switch to,green.: f. When notified by con municationtcllspatch, test emergency distress buttons its each `booth. 9 Record Meter readings in ACT Lane booth. Pull. Validation Log;, receipts for drawer, tickets & Journal Tape processed prior to 3:40 AM of: current day. h_ Complete the Daily Shift paperwork forthe.ACT`Lane. P i. r`oceed with cleaning details of work area.:. dust, .sweep, mop, ernpty trash receptacle; 2_ Closing a. Change :;signaI switch to red and replace exit lane, barricade. b. Record assigned Toll Booth meter reading,. c. Secure all monetary fonds; shift. jo.umal tape shift report; tape, validation log, credit card receipts & processed tickets in utility bag and proceed to Toll plaza Building_ d._ Process end= of= shiift: Cashierr 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.: Plaee.Attendant shift paperwork in appropriate daily folder next to safe. f_ Place Attendants starting fund in lock -box compartment, . securing it for the day. 5 -8 g. Proceed with cleaning detail of work.area: dust, sweep, mop; empty trash receptacle. h. Notify coworker of intent of departure & swipe employee card in time card reader. B. Day Shift I..:C Opening a Swipe employee card in time card reader. b. . (uglify coworker of presence at work. c. Complete license plate inventory and. download on FAPD computer. Assist Day Shift as needed with. Patrons exiting the Tall Plaza. d. Secure :attendant's starting fund bag from. lock-box cabinet and proceed to. assigned(ernpty).Toll Booth. e. Record assigned Toll: Booth meter reading and Log into power pall by use of .personal passmord f. Remove exit. lane barricade and change signal switch to green. g. Turn on the Air Conditioning Unit -iii the Third Booth. h. Proceed with cleaning detail of work area: dust, sweep, mop, empty`trash receptacle. 2. Closing a. Change signal svgtdhto red and replace exit lane barricade. b. Record assigned Toil Booth meter reading: c. Secure .alf rnarietary funds, shift journal tape, shift report tape, validation lag; credit card receipts. &. processed tickets in utility bag and proceed to Toll Plaza Building. d. Process end -of=shift C:asl ier Receipt Report.. e. Have. cashier receipt: report & deposit verified by relieving Attendant acid seal deposit bag in the presence of the verifying Attendant. Drop daily depos it. b- it.. Place: Attendant shift paperwork in appropriate daily fader next to safe. f. Place Attendants starting fund in lock -box compartment, securing it ferule day. g. Proceed with cleaning .de #ail of work area: dust,: sweep, mop, empty trash receptacle. h. Turn off the Air Conditioning Unit in the Third Booth. L Notify coworker of intent of departure & swipe employee card in time card reader. C. Night Shifts 1 _ Opening a. Swipe employee card fn time card reader. b_ Notify coworker of.presence at work_ e. Secure attendant's starting fund bag from lock -box cabinet and proceed to assigned Toll Booth. d.. Record assigned Toll. Booth meter reacting and Log into power pad by use of persona:[.. password e. Remove exit lane barricade; and change signal: switch to green. 5 -9 f. Proceed with cleaning detail of work area_ dust, sweep, mop, empty trash receptacle:.. 2. Closing a. Prior to the announcement of the terminal closing by the officer on duty, collect ticket number readings from entrance gates by "use of the city supplied vehicle. Check ticket dispensers to determine if they need to be re- supplied and note the supplyneeds of each dispenser. b. Prior to the announcement of the terminal closing.by. the offceron duty, close ACT lane. Pull and. Clear. Report. atScanNet cornpu.terteterminal c. Change signal switch to.. red and replace exit lane barricade.. d. Record assigned Toll Booth rrleter reading. e. Secure all monetary funds, shift taumal tape, shift report tape; validation lag, credit card receipts & processed irckets to .util:rfry bag and proceed to 'Toll Plaza Building; f. Process end -of -shift Cashier Receipt Report:. g_ Have cashier receipt report & deposit ved led: by Co= Attendant and seal deposit r bag in the presence of the verifying Attendant. ®rpp daily deposit bag in safe. Place Attendantshift paperwork in appropriate daily folder next to safe. h_ Place Attendants starting fund.in'lock -box compaftent, securing it for the day. 1. Proceed with cleaning detail of work area: dust,. sweep, atop, empty trash receptacle. j. Notify coworker of intent of departure & -swipe employee card in time card. reader. D. Manually.Processing Individuals in Lane 43 I . If Machine. Will not process credit card a. Attendant should :process the credit Card using a manual slide ,card imprint machine. b.: Have the patron sign the credit card slip. Provide patron the bottorrl copy as a receipt. C. 'Void transaction on.power p.ad. d.: Retrieve ticket from exterior of ACT unit. e. Write amount of fee on un- processed ticket & attach signed credit card slip to un -processed. ticket. t Press Gate b itten to open gate for Patron. g_ Process transactian in ,either Booth #1: or #2 per Section 500.02-K h... Once. :processedr staple receipt to .un- processed ticket and place in Booth #3's register. 2 If Patron: pays with cash or check: a. Void transaction on power pad'.. ti: Retrieve ticketfrom exterior of ACT unit. C. write amount. of.fee on un- processed ticket. d. Collect payment. e. Press Gate mutton to open gate for Patron.. f. Process transaction in either Booth #1 or##2::per.Sectron 500.00. 5 -1a g. Once processed, stapiereceipt: to un- processed ticket and place in Boni #3's register:: 3. If Patron requests Validation: a. 'hold transaction on power pad. b. Retrieve ticket from exterior of ACT unit. c Write amount of fee on un- processed ticket & validation code. d. Have patron complete a validation log entry. e. Press Gate b.0 €ton: to 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:. 500.06 License Plate Inventory (L.PI) and Use A. Procedure 1 Starting at the west side of the: Short Term parking lot; accurately enter each license number of each vehicle into the LPl device in the correct row and space.., Z_:: Proceed down each row until all vehicle license numbers in the Short :Tentt, Covered anti. Long Term lots are competed. 3. Check ticket.dispefters to determine if they need to be re- supplied and note the supply needs. of each dispenser: 44. 'Return to plaza and proceed With down loading procedure. 5 If there is a doubt about any particular v. ehicle`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- 506.07 Rate Calculatiort for Manual Time Clacks A. Procedure In the event the computer is dawn, manual #ime clocks will. be used_ The clock functions on the same'prtriciple as the clocks at the = entrance gates._ When a vehicle approaches an entrance gate, a ticket is stamped with the date and lime and dispensed: When a vehicle arrives at the 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 $7.00 per 24 hPur. period. The Covered parking fee, is computed at $1_50 fdfeach hour to a maximum of.$8.50 per, 24 hour period. tong Term parking, fee computed At $1:,08 far each hour to a maximUm of $7.00 per 24 hour period_ 5 -31 Examples for calculation of fees, arty provided below. 1`. It is::essential that date of entry be checked to det emir a how ma. ny days the vehicle has been in the lot. The machines are set tip for millitarytime (f=igure 5 -5). Computation is doge by subtracting the date and time of entering the lot from the slate and time of exit. Example: Time out 02123 20:43 Time -in 02%23 20:05 Total time 38 ruins. Example: Vehicle parked in the lot for one or more:.hciurs:. Time out 0112622-50 Time in 01125.19 :30. Total time 3 hrs. 20 mins. 2. The maximum rate is charged when a veftle has been in a lot over five hours for Short Term, severe hours for Long Term. or six hours in Covered parking. lots. Example: Maximum parking for all lots Time out 03103 20:00 Time In 03103 06 :30 Total time 13'hrs_ 30 ruins. Example: Vehicle parked in the tot for more'than one day: is: Time out 04119 16:42. Time in 04115 06:24' Total time 4,days 1.0 ors. 18 rains.: Using the rate chart for Short Term parking, the fee is calculated at $50 OO... The total'fkne on the ticket is 4 days @. $10.00 per day plusanother $10 for the.'1 b hours and 18 minutes. The charge forthe Long Term parking is $35.40. The 4 days is $28.00, and 10 hours and 18 minutes is "another $7.00'totaling $35.00. The .charge for Covered parking would be $42.50. $34 0(i for 4 days of parking plus $8.50 for 1O fours and 18 minutes totaling $42.50 14nesther illustration of a. possibly confusing computation is a date change during the time parked The example that follows shows a - vehicle in the lot for 22 min within whlch'tlme.the date has charged: 5-12 Time out 09105 00 :11 Time in 09104.23:49 Total time 22 mint. At first.glance it may appear that the vehicle has been in the lot at least a day (fro 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: Example: Time out 1.0111 00:24 Time in 10107 19,30 Total "thee 4 days 4 hrs., 54 ruins. The Short Term parking fee amounts to ;$50'00: The Long Terre parking fee amounts to $33. The Covered parking fee amounts to $41.50_ Hate charts are posted in each booth and in the Parking Lot System Procedures Manual. Military 24 Hoerr Clock to Civillan 12 Hour.Ciock Conversion Table 0:.100 hrs - 1 :00 a.m. 1300 hrs.- 1:00 p.m.. 020.0'" - .240T 1400" - 2.00" 030.0 ' 3.00" 1500" - 3.00" 0400 "' 4 :00" 1609, - 4: :00 "' 0500 " 5 :00 " 17.00'r - 5:00" 0600" - 6:00- 1800" 6<0.0 ". 0700.7 - 7.00" 1900" 7 :00 " 08oul - 8:00" 2000" $ :00"` 0900" - 9:00" 2100 " 1009, - 10.00" 22.00" - 10.0.0" 1100" - 11 :00" 23017" - 11:00" 1200° - 12:00" 2400" - 12:00" 500.08 Parking Lot Equipment Repair Calls A. The Parkingl.Ground Transportation Supervisor or designee shall be notified immediately in the event of malfunction of any parking lot reven.pe:control equipment such as ticket 5.13: dispertsers; gate arms, or cash registers. B. Procedure 1 The Parking _LotSupervisor or designee shall if pnoole 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. In the absence of the Parking Lot Supervisor . or desjgnee, equipment rnalfunetions shall. be reported :to the.. Airport: dispatch and communication center. Airport dispatchlcornmunicatlons shall contact the Aviation Public Safety: Manager for assistance.. 3. The Airport technician person shall report for duty to make repairs to malfunctioning equipment when they have: receiued. authorization from their designated 'supervisor. 4. If the Airport technical staff is unable to:repair.the equipment, he shall inform the Parking /Grounds :Transportation Supervi.s0ror'designee. v The ParkingfGrounds Transportation Supervisor or`desigriee Will a,range far repairs to be accomplished by an outside agency. 6. Tl to ParkingfGrounds Transportatioh $upervisor or designee siaall deliver repair invoices to the Sr- Account Clerk in Administration upon completion .af the work. 500.09 Parking Fee Exemptions for Persons with oisabillUds Reference: HB 2083 Section 0(B), Chapter 338, Article 6675: -.5 e.:1, 1975, and VTCA 't995 A. General Rules Texas law authorizes some persons with:d sabilities to park in public parking lots, including airports, without payment of fees. The: only people exempt from paying a fee are a disabled veteran, Purple Heart recipient, or a Pow (Prisoner of i l►ar). Effective September 1, 9997 all previous exemp ions;allowed' for persons with disabilities: showing a Placard or license plates are no longer exempt. The only exemptions are as stated alcove. 1. On accountability ferry► indicate: whether the authorized person is :a Disabled Veteran 5--14 (DV ), Purple Heart recipient (PH) or Prisoner of Wa.r, 2. Have the drier or disabled person sign the parking Ikket. 500..10 Packinq ,Lot Booth Maintenance. Prior to leaving for the day,. each Attendant shall ensure that their respectrve.booth is left neat and clean. .A schedule of cleaning duties and a checklist shall be posted in each booth. Particular attention shall be given to: - garbage around equipment and on the floor;. - dust on counters, removal of personal belongings from view, cleanliness and sanitation of the refrigerator, cleanliness' and sanitation of the microwave and surrounding floor anti walls, - rerhoval 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 Direetpr of Aviation, designee, or person in charge shall: ensure campleiuOn 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 enteredthe 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 their 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 orfilm until the Law Enforcement Officer authorizes the removal. t?_ Furnish the Police With: list-of money taken during 'the::robbery. 7 Allow only designated Airport Staff or Police to handle inquires from accredited news. .s -t s rnedia. representatives. DO NOT RELEASE: ANY INFORMATION (especially the amount of money taken) concerning the robbery. 8. Discourage :unauthorized personnel from visiting the area until' the preliminary. investigation has been concluded. 9. As soon as emergency actions. are concluded, encourage employees to telephone home to advise families that they are safe. 500.12 Robbery Assignment. A. Employees shall maintain thorough familiarity with safely precautions, duties and responsibilities for robbery situations. It is strongly encouraged that each employee whose deities place them at risk of robbery memorizes and practices the prescribed procedures.. Et .Procedure for Robbery in Progress. 1::,. 0.0— NOT TRY TO. BE A HERO! Remain calm, too nat;stare directly at the robbers eyes. Do nothin to provoke the. robbers) and take no risks. 2., OBEY the commands of the robber promptly and precisely_ Repeat the robbers' demands as you. are performing the demand. 3. As soon, as there is no risk to you brothers, activate the robbery. alarm. located under the left .hand Comer of each work counter (Figure 6 -6) WARNING Do not attempt to activate the robbery alarm while the robbery is in progress.. 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.. 6. If a note is used..avcrid unnecessary handling. 'Retain as evidence if able to do $a. 7. Touch nothing in: areas: -where robbers were. Note any objects touched by the: robbers. 8. Be alert and observant Concentrate on description of robber closest.to you. Pay particular attention to any unusual physical characteristics. Tryto observe <the type of weapon used, w ich hand was used, and whether gloves were wom :Never .look robbers: in -the eyes. 9. From a safe position, try to observe direction of flight. of robbers and any accomplices or witnesses. Try to obtain a description and license piste number, but do not leavethe area. 10. Do not discuss robbery details with anyone otherthan Law Enforcement personnel. O. Procedures Following robbery 1 victim 5-16 art a. Once it is safe irri mediately notify Airport Public Safety, If anyone is injured advise Public Safety. b, Pill out the information dorm to assist in identification of the robber. 2. Public Safety a Respond to Code Blue: Note An emergency alarm system button is installed in each parking lot booth to alert Airport Public Safety Officers and Airport: Communications .Dispatch Office of Armed robbery andlor emergency of a. life threatening nature: (Cods Blues), 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'threatenin calls shall be handled by radio: of telephone,. b. Notify appropriate mutual aid agency(s) (PCPD, EMS, etc.) and. provide CCPD Dispatch with thiefollnwing information" 1. Time and location of°:.robbery, 2. Description of e.scape 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 -1 7 TIME DATE ROBBERY SU13JECT NO. Name of suspect(s) if known © Male O.Female Age Height Weight Race and/or nationality Build Eye Colar Hair Color Hair Style Co.mpiexion SearlMarkslTattoos coat; Trousers/Dress Socks Glasses Shoes Gloves Hat VVe.apon(s) Disguise: Unusual characteristics Accent or speech impediment, Was any language other than English used? If more than one suspect; did they refer to each .other ay name? What did the suspect say? 5 -18 EIBIT H INSURANCE REQUIREMENTS AIRPORfi PARKING LOT MANAGEMENT OPEI TOW'S LIABILITY INSURANCE. A. Airport Parking Lot Management Operator shall not commenco I usiness under this agreement until all insc rance required herein has been o.btain:ed. and approved by the City's Risk Manager or designee. B. Airport Parking Lot Management Operator shall fur .ish to .the Risk Manager or designee two (2) copies of Certificates of Insurance, with. applicable policy endorsernents showing the fallowing m ni um 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. TYPE OE INSURANCE MINIMUM INSURANCE: COVERAGE 34 -Day Notice of Cancellation required on all Bodily injury ry and Proper Damage certificates or by policy endorsement(s) Per Occurrence / aggregate Co=ercial General Liability including: 1,000,000 Per Occurrence L. Broad Form $2,00.0,00E Aggregate 2. Premises Operations 3. Products /Completed Operations Hazard 4.. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors CRIME POLICY (including) $1001000 1. Employee Dishonesty 2. ComputerTraud BUSINESS UTOMOBILE LIABILITY $500,000 Combined Single Limit. 1. Owned 2. Hired: & Non- owned PROPERTY INSURANCE Airport Parking Lot lt+ anagement a irport Parking Lot Management Operator will be responsible for any and all damage to equipment used regardless if owned, rented, lea: or borrowed. W RKEItS' COMFEh3SAT1Q I Which Complies With The Texas Workers' Compensation And Paragraph li Of This E=xhibit. EMPLOYER'S LIABILITY' $500,0001 $500,000 / $500;000 C. In the event of accidents of any kind related to this project, .Airport Parking Lot tVlanagernent Operator shall furnish the Risk Manager with copies of all reports of such accidents within tee (10) days of accident.. II. ADDITIONAL REQUIREMENTS:: A. _Airport Parking, Lot Management Operator must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas: law. 'The contract far 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-i�anagement Operator's financial integrity is of interest. to the City; therefore, subject to Airport Parking Lot Management Operator's right tc �raintam reasonable deductible- s in such amounts as are approved: by the Gity, Airport Parking Lot Management Operator shall obtain and maintain. in frill force and effect for the duratio -a of this Contract, and any extension hereof, at Airport Parking: "Lot Management Operator's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted :to do business in`the State of Texas and with an A.M. Best's rating of no less than A- VII, C. The City shall be entitled, upon request and without. expense, to receive copies..: of'the policies, declarations page and °all endorsements thereto as they apply to the limits required liy 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 underwater of any such policies). Purport Pa ki g 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 wig" 1.0 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 Cat at the follow' Ing address. City of Corpus Christi Attn I.. Ri* Management PA Bay.9277 Corpus Chnsti,: TX 78469 -927' WI) 826 -4555- Fax # D. Airport Parking :.Lot Management .Operator agrees that with respect to the above required insurance, all insurance policies: are to contain or be endorsed to contain the following .required provisions: * Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of or on behalf of, the named insured performed under contract with the City, with the exception of the worker's' 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. (1 0) calendar days advance written notice . for noitlaayzrtezttfpremium. 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 requited 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 vutthin 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 eorripIiance With the requirementshereof. G. Nothing herein contained shall be construed as limiting in:: any way the extent to which Airport Parking Lot Management Operator inay be held responsible for payments ofdamages 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 clued 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 "s agreement. I.; It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Mortgage/Loan Calculator with Amortization Schedule T "Exhibit P Page 1 of 3 Loan Amortization Calculator Almost any data field on this form may be calculated. Enter the appropriate numbers in each slot, leaving blank (or zero) the value that you wish to determine, end. then click "Calculate" to update the page. Principal Payments per Year - ..... ... .... ..... . 400000.00 12 Annual Interest Date Namber of regular Payments 6.0000 96 Balloon Payment Payment Amount 5256.57 Show Amortization Schedule This loan calculator is written and maintained by Bret Whissel. See Bret's-Blog, for help, a spreadsheet, derivations, calculator news, and more information. Surnmary Principal borrowed: $40U00.00 Annual Payments: 12 Regular Payment amount: $5,256.57 Total Payments= 96 (8.00 years) Final Balloon Payment:. $0.00 Annual interest rate- 6.00% Interest -only payment: $21000.00 Periodic interest rate= 0.5000% *Tonal Repaid: $504.630,72 Debt Service Constant: 15.7697% *Total Interest Paid: $104,6130;72 *Total interest paid as a percentage of Principal: 26.158% *These .results. are estimates . which da not account for accumulated error of paYrnouts being rvanded to the nearest cent. See the amortizadon..schedule for more accurate yaluea http :lfwww.bretwhissel,ne,t cgi.- bin/amortize. 2/412013 Mortgage/Loan Calculator with Amortization Schedule 'Exhibit T Pmt Principal In. ter k Cum Prin Cum Int Prin Bat 1 3,256.57 2,;10.0.00 3,256..57 2,00.0.00 396,743.43 2 3,272.85 1.,983.72 6,529.42 3,983.72 393,470.58 3 3,289.22 1,967,35 9,818.64 5,952.07 390,181.36 4 3,305.66 1,950.91 13,124.30 7,901.98 386,`875.7a 29 3,322.1.9 1,934.38 16,440.49 9,836,36 383,353.51 6 3,.33B.80 1,917,77 19,785,29 31,754 -.13; 380,214,71 7 3,355.50 1,901.07 23,140.79 13,655.20 376,859.2.1 8 3,372:..27 1,884.30 26,513.06 15,539.50 373,486.94 9 3,389.14 1,867.43 29,902.20 17,406.93 370,097 -80 10 3,406:08 1,850.49 33,308.28 19,257.42 366,691.72 11 3,423.11 1,8.33.46 36,731.39 21,090.88 363,268.61 l?- 3,440.23 1,816.34 40,171.62 22,907.22 359,828.38 13 14 15 16 17 18'- 19 20 21 22 23 24 3,457.43 3,474.72 3,492.09' 3,509.55 3,527.10 3,544.73 3,562.46 3,580.27 3,598.17 3,016.16 3,634.24 3,652.41 2,799.14 1,781.65 1,764,48 1,747.02 1,729.47 1,711.84 1,699.11 1,676.30 1,658.40 1,640.41 1,62.2..33 1,604.1,6 43,629.05 47,103.77 50.,595.86 54,106.41 57,532.51 61,277:24 64,139.:70 68,319.97 71,919.14, 75,534.30 79,168.54 62,820.95 24,706.36 26,488.21 ' 28,252.69 29,999.71 31;729.18 33,441.62 35,135.13 36,811.43 38,469.83 40i110.24 41,732.:,7 43;336.73 355,370.95 352,896.23 349,4.04.14 345,894.59 342,367.49 338,822.76 335;260.30 331,630.03 328,081.86. 324,4x5.7.0 32(3,831.46. 317,.179.05 25 3,670.67 T, 535.90 86,491.62 44,922.5.3 313,503.38 25 3,589.03 1,567.54 90,1.80.65 46;490.17 309,819.35. 27 3,.707.47 1,549.10 93;888.12 48,039.27 306,111.86 28 3,726.01 1,530.56 97,614.13 49,569.83 302,385.87 29 3,744.64 1,511.93 1,01,358..77 51,081.76 298,641.23 30 3 763.36 1,493.21 105,122..13 52,574.97 254,877.87 31 3,782.18 1,474.39 108,904.31 54,049.36 291,095.69 32 3,801.09 1,455.48 112,705.46 55,504.84 287,294.60 33 3,820.10 1,436.47 116,525.56 56,541.31 283,474.50 34 3,839.20 1,417.37 120,364-70 58 :.358.68 2-79,635.30 35 3,858.39 1,398,18 124,2.23.09 59,756.86 275,776.91 36 3,877.69 1,378.88 128,1.0;;.78 61,135,74 2`71,899.22 37 3,89-1.07 1,359.50 131,997.85 62,495.24 268,002.15 38 3,916.56 1,340.01. 135,914.41 63,835.25 264,085.59 39 3,936.14 1,320.43 139,850.55 65,155.58 260,149.45 40 3,955.82 1,300.75 143,846.37 66,456.43 256,1,.93.53 41 3,975.60 1,280.9, 147,781.97 67,7.3.1 «.40 252,218.03 42 3, 995. 48 1,261-09 151, - 777. 45 68, 998.49 249, 222.55 43 4., 01:5.46; 1,24:1 : 11 155, 792.91 70i239.60 244, 207.09 44 4,035.53 1,221.04 159,828.44 71,460.64 240,173..56 45 4,455.71 1.,200.86 163,884.15 72,661.50 236,115.85 46 4,075.99 1,180.58 167,960-14 `73,842.98 232,039.86 47 4.096.37 1,160.2€1 172,05.6.51 75,002:28 227,943.49 48 4,116.85 1,139.72 176,173.36 76,1.42.00. 223,626.64 49 4,.137.44 4,119.73 180,310.80 71,261.13 219;689.20 50 4,.1.58.7.2 1,098.45 184,468.92 78,359.58 215,531.08 51 4,178,91 1,0T7.66 188,647.83 79,4:37.24 211,352.17 52 4,199.81 1,056.76 192 847.64 80,494.00 207,152.36 53 4,220.81 1.,:035:76 197,068.45 81,529.76 202,931.55 54 4,241.91 1,014.66 201,310.36 82,54.4.42 198,:689.64 55 4,263.12 993.45 205,573.48 83,537..87 194,426.52 56 4,224.44 972..13 209,857.92 84,510.00. 190,142.08 57 4,305.86 950.71 214,163.78 8.5,460.71 185,836.22 Page 2of3 http./l www. bretwhissel .nettegi- bin/amortize 2I4I201'3 Mortgage/Loan Calculator with Amortization Schedule "Exhibit I" Page 3 of 3 FMt Principal Interest Cure .Prin Cum Int Prin. Sat 58 4,32.1.39 929..18 21.8,491.17 H6, 389.89 181,508.83 59 4,349.03 907:.54 222,840.20 87,297.43 177,159.80 60 4,370.77 885.80 227,210.97 88,183.,23 172,789.03 61 4,392.62 863.95 231,603.59 89,047.A 168,396.41 62 4,414.59 841.98 236,018.18 89,889.16 153,981.82 63 4;436.66 819.91 240,454.84 90,709.07 159,545.16 64 4,458.84 797.73 244,91.3.68 91,506.80 155,086.32 65 4,481.14, 775.43 249,394,82 92,282.23 1.50,.605. -18 66 4,503.54 753.03 253,998.36 93,035.2.6 1.46,101.64 67 4,526.06 730.51 .258,424.42 93,765.77 1..41,575.58 6.8 4,548,.63 707.88 262,973.11 94,4'13.65 137,025.89 69 4,571.44 685.13 267,544.55 95,158.78 132,455.4.5. 70 4,.554:29 662.28 2'12, 1.35.84 95,821.06 127,861.16 71 4,617..26 639.31 275,756.10 96,960..37 123,243.90 72 4,640115 616.22 281,396.45 97,076.59 119,603.55 73 4,663.55 593.02 286,060.00 97,669.61 113,940,00 74 4,686.87 569.70 2987,746.87 98,239.31 109,253.13 75 4,730.30 546.27 295,457.17 98,785.58 1€4,542.83 76 4,733.86 522.71 300,191.03 99,30.8.29 99,8€18.97 77 4,.757.53 499.04 304,948.56 99,807.33 95,1151.44 78 4,781,31 475.26 309,729,87 .100,282.59 90,270..13 79 4,805.22 451.35 314,535.09 1017,733.94 85,454.91 80 4,829.25 427.32 319,364.34 101,161..26 80,635.66 81 4,8.53.39 403.18 324,217.73 102,564..4.9 75,7132.27 82 4,877.66 378.91 329,095.39 101,94.3;.35 70,904.61 83 4,902.05 3::4.52 333,997.44 102,297.87: 66,002.56 84 4,92.0'.56 .330.01 338,924.00 1.02,627..8:8 61,0766 00 85 4,951.19 305.38 343,875.39 102,933,2:6 56,124.81 86 4,975.95 280.62 348,851.14 103,233.8.8 51,148.86 8'7 5,000.83 2.55.74 353.851.97 103, 469.62 4.6.,148.03 88 5,025.83 230.74 358.,877.80 103,700.36 41,122.20 89 51050.96 205.61 363492.8.76 103,- 905.9'1 36.,071.24 90 5r076.21 180.36 369,404.97 1.04,086.33 30,995.03 91 5,101..59 154.9`8 374,136.56 104,241.31 25,80,3.44 92 5,127.10 129.4.7 379,233.66 104,374.78 20,766.34 93 5,1.52.74 143.83 38.1,386.40 104,474.61 15,613.60 94 5, 178.50 78..07 389,5614;90 109,552.68 10,435.10 95 5,204.39 52..18 394,769.29 204,604.86 5,230.71 96 *5,230.71 26.15 400,000.00 104,631.01 0.00 *The final payment has been adjusted to account for payments having been rounded to the nearest cent. http.// www.bretwhisse.l.net/cgi- bin/arnortize 2/4/2013. DATE: February 6, 2013 AGENDA MEMORANDUM Public Hearing /First Reading Ordinance for the City Council Meeting of February 26, 2013 Second Reading for the City Council Meeting of March 19, 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.CA - 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. 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. 1. . 6. Subsection 3.24.1.B — 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 lire 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 o Revenue o Capital ® Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Ex ended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: The Planning Commission and Staff recommend app.rova[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 7.5.20.13 - 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 31, 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: 41. 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 „^t�e -s#" d•ent7in the time and plaGe of the the Bend a items to he nnnnirlererl of ieyiewedl " . "4. 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 applicatio^„ kK ing-a A location map shall be included in the mailed notice but not in the Published notice." * F, 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 "C. City_ Council Final Action 991. 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 densit y 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 majority plus Ane 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 Te)d Amdmfs various Feb 2013 vFinal cony Page 3 of 18 "Article 3. Development Review Procedures "3.1 * * "3.6 Special Permit °3.6.1 Applicability "A "C. T"„�S@ cific uses r% uiring a special permit are identified in the permitted uses sections in Article 4 for each grouping of zoning districts. "D. An onnliGatinn for a special permit may net be made the Feleyan+. zoning dic+rin+ When an application is - the I IiI 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. «€ A speGial peFMit may be requested by anygne in any 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 veinal 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. "B "3.6.3 Review Criteria "A. At a minimum a site plan for a s ecial permit shall include the following details: "1. Dimensions bearings, and street frontage of the property; "2. Location of buildin s structures and uses "3. of ingress and egress to the public /private street; "4. Off- street parking and loading arrangements; "5. Screening, buffer Vards, lightin_q, and landscapinq details; "6. Dum ster location and screening; "7_ Open space calculation and design-, "8. Provisions for drainage; "9. Atrafflc analysis in accordance w_ ith Section 3.29.2 for rezoning applications; and "10. Any 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 cony 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 granting -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 Development Services 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 be-g{ Pted. Thereafter, the applicant shall apply for a new special permit. UDC Proposed Text Amdmts various Feb 2013 vFinal cony 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; "13. 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 accessary 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 113.18.1 * * "3,18.4 Expiration "A building permit shall expire if the '. GFk desrribed in the permit ha6 rani begun within nix menthr from the date G N"' UDC Proposed Text Amdmts various Feb 2013 vFinal conv Page 7 of 18 icce in accordance with Chapter 14 of the Municipal Code. Any fl Fthw nn }inn after the expiration shall r4eq lira new appliGation and appFeval. Any I�� Gf1 CI fCr * * * * * 11 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 shall have the authority to authorize an adjustment of up to 10% of any numerical standard set forth in e>— "*;e-4 -of this UDC. IIf1 * * * "3.24.2 * I, 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 Zonina Districts 114.1 UDC Proposed Text Amdmts various Feb 2013 vFinal cony 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. rR5 TR.D15T131CT _ ��: iro Y "Table 4.4.3.A Residential Development Two -Famil and Townhouse districts) 7QYMlll,lic,[se Q;l°i`IC Min. Site Areas . ft. 20,000 0, a , Min. Lot Areas . ft. 6,000 6,000 Rear Access 2,200 Min. Lot Width (11 Min. Site Area (sq. ft.)� 50 50 - Front Access ----- -- -- -- - -- - - ----------------------------------- 26 RearAccess -- ------- 22 Shared Parking 16 Per Site s 6,000 6,000 Per Dwelling Unit _w� - - - - -- Side (single) �.:h 3,000 3,000 Min. Site Width ft ,.,ffi .:> : Min. Building Separation ft. 50 50 Min. Yards (ft.) Max. Height ft. 45 Street 20 20 20 20 Street (corne.r) - ------------------ - - - - -- 10 --------------- 10 10 10 Side (single) 5 ----------------------------------------------- 0 0 5 ----- Side_(total)-------- -------- ------- - - - - -- -W 5 - - - - -- = 10 5 � 5 Rear 4;3 5 - - - 4zS 5 46 5 - 28 5 Min. Open Space 30% 30% 30% 40% Max. Height ft. 35 35 35 45 7QYMlll,lic,[se Q;l°i`IC Min. Site Areas . ft. 20,000 Min. Area Per Dwelling Unit (sq. ft.) Front Access - - ------------------------------ 2,600 Rear Access 2,200 Shared Parkin 1,600 Min. Dwelling Unit Width (ft) - Front Access ----- -- -- -- - -- - - ----------------------------------- 26 RearAccess -- ------- 22 Shared Parking 16 Min. Yards (ft.) Street 10 Street_(comer) ----------------- 10 - - - - -- Side (single) - -- _ _ _ - -- 0 ___Side_(total)- - --------------------------------- 0 Rear -1-55 Min. Building Separation ft. 10 Min. Open Space 30% Max. Height ft. 45 UDC Proposed Text Amdmts various Feb 2013 vFinal cony Page 9 of 18 SECTION 7. Article 4, Section 4.4, subsection 4.4.3, entitled "Residential Development Standards," Table 4.4.3.13 of the UDC, entitled "Multifamily Zoning Districts," is amended by revising the text of the table to read as follows: "Article 4. Base Zoning Districts * * * "4.4 Multifamily Residential Districts 1'4.4.1 * * * "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 4.4.3.8 multitamily Zoning Districts A Max. Density units /acre 22 30 36 18 9 60 Min. Open Space % site area 35% 30% 30% 25% 25% 10% Min. Lot Areas . 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 8, 2 fam)) 5 5 5 - -- ----------------------- - - - - -- 5 9 5 ------- - - - - -- - - ---- - - - - -- - Side 3 +fam - 10r 2810r -2810 - - -- -- - - - - -- - 28 10z Rear 4510 45 10 4-5102 5 4,55 1-510 Min. Building Separation ft. 10 10 10 10 Max. Height (ft.) and comply with Section 45 60 60 See Sections 4.2.8.C. 4.2.8.D. and 4.2.8 -E 4.2.8.C., 4.2.8.D., and 4.2.8.E. 'PI /MI = Padre Island /Mustang Island ' Regardless of sinqle- or two - family adiacencv, increase vard in accordance with Section 42.8.0 ` Regardless of single- or two-family adiacency, increase and in accordance with Section 4.2.8.C. , but vard shall not exceed a total of 30 feet if property is not adiacent to a sinale- or two - familv 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 cony 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). " i agie 4.o.1 Permitted Uses iuommercial zoning districts ,. P = Permitted Use x � k z0 L = Subject to Limitations6r SUE = Special Use Exception4 �t SP = Special Permit blank celli Not Permitted., tq�efds n t \ Commercial Parkin Uses 5.1.4.A P P P P I P I P I P I P I P I P I P Vehicle Sales and Service Uses exce t: P P P P P Auto rental P P P P P P P P Car wash, hand - operated or automated L L L P P P 'L P 5.2.21 Bicycle or watercraft rental P P P P P F P P Fuel sales L L L L L L L L L L 5.2.10 Vehicle service heav Vehiclezervice, limited L L L L L P P P P P 5.2.15 1* * * * * * * * * * ,t 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 "5.1.4 Commercial Use Categories UDC Proposed Text Amdmts various Feb 2013 vFinal conv Page 12 of 18 "5.1.4.1 (Tables 5.1.4.A through 5.1.4.1-1 not included here; the content in these tables remains unchanged by this text amendment.) Alignment shop Auto detailing Auto rental 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 "See additional standards in 5u 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 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 in behind the front face of the main principal structure and shall not exceed 50% of the main principal structure total square footage. ILK * * [ "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 "5.4 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 yaf d °+� 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 7.5 Signs 17.5.1 * * * 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 A - 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. T*48 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." L,2 * * * * * * J, 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 Tent Amdmts various Feb 2013 vFinal conv Page 16 of 18 not exceed a height nor width d_ imension 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 1.6: 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 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 , 20 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott UDC Proposed Text Amdmts various Feb 2013 vHnal conv Page 17 of 1 a PASSED AND APPROVED this the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor UDC Proposed Text Amdmis various Feb 2013 vFinal conv Page 18 of 18 DATE: March 7, 2013 AGENDA MEMORANDUM First Reading for the City Council Meeting of 03/19/13 Second Reading for the City Council Meeting of 03/26/13 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 rates, policies, and methodologies to implement the street maintenance fee created by separate ordinance. 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. An Ordinance establishing rates, policies and methodologies was brought before Council on February 26, 2013, but the item was tabled until March 19, 2013 pending further work by City staff. ALTERNATIVES: Council may choose not to move forward with the Street Maintenance Fee at this time. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: The Ordinance follows all appropriate policy. EMERGENCY /NON- EMERGENCY: Non - emergency. DEPARTMENTALCLEARANCES: 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 rui Euka). 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: Trip Factor Index. Ordinance establishing rates, policies, and methodologies to implement the street maintenance fee created by separate ordinance. WHEREAS, City Council has established a street maintenance fee by separate ordinance; and WHEREAS, by this ordinance the City Council adopts the policies, rates, and methodologies 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) Commercial Residential Benefitted Property means attached multi- family housing or a detached dwelling unit of a mobile home park, recreational vehicle (RV) park, or manufactured home community. 3) Director means the City Manager or designee. 4) Equivalent Residential Unit ("ERU ") means a unit of measurement for the median size of a residence equal to 1,500 square feet. 5) Motor Vehicle Trip means each departure from and each arrival to a property by a motor vehicle. 6) Nonresidential Benefitted Property means Benefitted Property not defined as Commercial Residential Benefitted Property or Residential Benefitted Property under this article. 7) Residential Benefitted Property means a detached single- family residence. 8) Street Maintenance Fee ( "Fee') means the fee established by this article imposed against, and collected from, owners or occupants of Benefitted Property for the purpose of maintaining the street system of the City. 9) Street Preventative Maintenance Program ("SPMP ") means the street maintenance program, as amended from time to time, funded by the Street Maintenance Fee. ORD #2 SETTING RATE POLICY - STREET MAINTENANCE FEE (3- 13 -13) 1 of 8 10) 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. 11) Trip Factor means a principle basis of service measurement, principally derived from the trip generation rates published by the Institute of Transportation Engineers. 12) Utility Customer ( "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 imposing the Street Maintenance Fee reasonably prorates the cost of the Street System among Benefitted Properties. 5) It is reasonable and equitable to impose a set monthly fee per utility meter for each Residential and Commercial Residential Benefitted Property in order to avoid a disproportionate burden on any Residential or Commercial 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) It is reasonable and equitable to cap the Trip Factor for Nonresidential Benefitted Property in order to avoid a disproportionate burden on a Nonresidential Benefitted Property. ORD #2 SETTING RATE POLICY - STREET MAINTENANCE FEE (3- 13 -13) 2 of 8 8) If available, appraisal district property tax records may be relied on to determine the size of nonresidential property. 9) It.is reasonable and equitable to derive trip generation rates for Commercial Residential, Residential, and Nonresidential Benefitted Property as determined and published by the Institute of Transportation Engineers. 10) 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. The Director will conduct a survey of Nonresidential Benefitted Property to more specifically identify land use, in order to assign a more appropriate Trip Factor to the land use categories shown in the Trip Factor Index. The Trip Factor Index will be maintained by the Director or his designee and may be revised from time to time in accordance with this article. A Customer may validate the Trip Factor of a Benefitted Property at the Customer's own - expense under the rules and procedures established by the Director. After completion of the required validation procedures, if a change in Trip Factor is indicated that results in a reduced fee, the reduction in fee is prospective only. A Customer may not receive a refund from such a reduction in fee. 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 an account in the City's utility account billing system for any Benefitted Property for which no utility account exists. SECTION 5. RESIDENTIAL BENEFITTED PROPERTY. The Fee for Residential Benefitted Property shall be on the basis of a set fee per lot, unit, tract or parcel. ORS #2 SETTING RATE POLICY - STREET MAINTENANCE FEE (3- 13 -13) 3 of 8 For a Residential Benefitted Property, each month a Customer shall pay an amount equal to the following; Amount = $7.00 x (1 Unit) x (1) Trip Factor SECTION 6. COMMERCIAL RESIDENTIAL BENEFITTED PROPERTY. The Fee for Commercial Residential Benefitted Property shall be on the basis of a set fee per dwelling unit. For a Commercial Residential Benefitted Property, each month a Customer shall pay an amount equal to the following: Amount = $7.00 x (Number of Units) x (0.48) Trip Factor SECTION 7. NONRESIDENTIAL BENEFITTED 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 for the land uses allowed. For a Nonresidential Benefitted Property, per meter, each month a Customer shall pay an amount equal to the following: Amount = $7.00 x (Square Footage 1 ERU) x Trip Factor The Director shall determine the square footage for a Nonresidential Benefitted Property based upon building square footage of 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 100,000 square feet on a per meter basis, the Director will consider and determine the square footage for that property to be 100,000 square feet per meter. Where the Trip Factor for a Nonresidential Benefitted Property exceeds 4.6, the Director will consider and determine the Trip Factor to be 4.6. Where multiple water meters exist on the property, square footage will be distributed among the meters using the best available information. ORD #2 SETTING RATE POLICY - STREET MAINTENANCE FEE (3- 13 -13) 4 of 8 SECTION 8. BILLING AND COLLECTION OF FEE. Fees will be billed each month on the utility bill for each Benefitted Property. Payment is due upon receipt of the bill. The Utility Customer is responsible for apportionment of Fees to any person or persons leasing units of the Benefitted Property. SECTION 9. 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 Fee when due. SECTION 10. 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. Every year the Director shall provide City Council a report on the progress of the Street Preventative Maintenance Program (SPMP) and publish an updated three -year map of street candidates to be considered for the maintenance program. SECTION 11. RULES. The Director shall adopt rules necessary for the administration of this article and the Street Maintenance Fee. The Director shall be responsible for administration of this article; developing all rules and procedures necessary to administer all provisions of this article; developing maintenance programs; and establishing Street System criteria and standards for the operation and maintenance of the Street System. SECTION 12. APPEAL OF TRIP FACTOR If a Customer believes that the Trip Factor assigned to a Benefitted Property does not fairly reflect the Motor Vehicle Trips generated by the Benefitted Property, the Customer may appeal the Trip Factor under rules and procedures established by the Director. To appeal a Trip Factor, a Customer must show that based on an actual count of Motor Vehicle Trips, the Trip Factor assigned to the Benefitted Property should be reduced. The Customer is responsible for the cost of counting Motor Vehicle Trips. ORD #2 SETTING RATE POLICY - STREET MAINTENANCE FEE (3- 13 -13) 5 of 8 The Director shall adopt rules for the administration of this section, including acceptable methods of counting Motor Vehicle Trips. A reduced fee under this section is prospective only. A Customer may not receive a refund resulting from a reduction under this section. SECTION 13. 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 14. LOW- INCOME DISCOUNT. A Customer who is eligible may apply for a discounted fee. A Customer shall provide proof of eligibility in accordance with the rules and procedures established by the Director. A Customer shall establish eligibility for a disGOu.nted fee on an annual basis. The Director shall adopt rules for the administration of this section, including acceptable methods for showing and determining eligibility for a low- income discount. A reduced fee under this section is prospective only. A Customer may not receive a refund resulting from a reduction or discount under this section. SECTION 15. EXEMPTIONS. This article does not apply to a city, county, state, federal agency or department, hospital district, publicly funded independent school district or charter school, public institution of higher education, or regional transit authority. SECTION 16. 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 17. LIABILITY. 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. ORD #2 SETTING RATE POLICY - STREET MAINTENANCE FEE (3- 13 -13) 6 of 8 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor ORD #2 SETTING RATE POLICY - STREET MAINTENANCE FEE (3- 13 -13) 7 of 8 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 That 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, this the day of '2013. ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor ORD #2 SETTING RATE POLICY - STREET MAINTENANCE FEE (3- 13 -13) 8 of 8 TRIP FACTOR INDEX DRAFT Code Land Use Trip Factor Class CH Church or Church w /private school 1.39 Church MW Mini - Warehouse 0.25 Comm. FS Furniture Store 0.52 Comm. GO General Office Building 0.88 Comm. OP Office Park 0.89 Comm. BP Business Park 1.01 Comm. HO Hospital 1.65 Comm. MD Medical - Dental Office Building 2.86 Comm. CS New Car Sales 2.97 Comm. SR Specialty Retail Center 4.26 Comm. SC Shopping Center 4.34 Comm. DC Discount Club 4.44 Comm. BM Building Materials and Lumber Store 4.52 Comm. GC Garden Center 4.60 Comm. SS Free - Standing Discount Superstore 4.60 Comm. FD Free - Standing Discount Store 4.60 Comm. HP Hardware /Paint Store 4.60 Comm. QR Quality Restaurant 4.60 Comm. DS Discount Supermarket 4.60 Comm. SM Supermarket 4.60 Comm. RS High - Turnover (Sit -Down) Restaurant 4.60 Comm. DB Drive -in Bank 4.60 Comm. FR Fast -Food Restaurant w/ Drive- through window 4.60 Comm. CM Convenience Market (Open 24 Hours) 4.60 Comm. CG Convenience Market w/ Gasoline Pumps 4.60 Comm. MA Manufacturing 0.32 Ind. WA Warehousing 0.40 Ind. LI General Light Industrial 0.55 Ind. IP r Industrial Park 0.57 Ind. CE Cemetery 0.56 Comm. NH Nursing Home 0.64 Comm. TT Truck Terminal 0.78 Ind. HQ Corporate Headquarters Building 0.83 Comm. AU Automobile Care Center 0.98 Comm. OF Single Tenant Office Building 1.21 Comm. PV Private School 1.34 Comm. RC Recreational Community Center 2.05 Comm. T5 Tire Store 2.60 Comm. HC Health /Fitness Club 3.18 Comm. HI Home Improvement Superstore 3.23 Comm. AC Athletic Club 4.35 Comm. HT Hotel 4.60 Comm. MD Motel 4.60 Comm. RM Resort Motel 4.60 Comm. SH All Suites Hotel 4.60 Comm. BH Business Hotel 4.60 Comm. ES Electronics Superstore 4.60 Comm. DA Day Care Center 4.60 Comm. AU Automobile Parts Sales 4.60 Comm. MT Multiplex Movie Theater 4.60 Comm. P2 Pharmacy /Drugstore w/ Drive- through window 4.60 Comm. PD Pharmacy /Drugstore w/o Drive - through window 4.60 Comm. WB Walk -In Bank 4.60 Comm. GA Gasoline /Service station w/ w/o Conv. Mtk. Or car wash 4.60 Comm. C2 Convenience Market (Open 15 -16 hours) 4.60 Comm. FF Fast -Food Restaurant w/o Drive - through window 4.60 Comm. DATE: February 27, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 Action Item for the City Council Meeting of March 26, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Ordinance appropriating from Unreserved Fund Balance to Arena Type A CIP Fund American Bank Center Loading Dock and G,MU Screen Wall Settlement Assessment CAPTION: Ordinance transferring and appropriating $100,000. from the Unreserved Fund Balance in No. 1130 Arena Improvement Fund to and appropriating in the No. 3274 Arena Type A CIP Fund for the Arena /Convention Center Loading Dock Repairs; changing the FY 2013 Operating Budget adopted by Ordinance No. 029577 to increase expenditures by $100,000; and changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase revenues and expenditures by $100,000 each. PURPOSE: This item appropriates and transfers $100,000 from Type A Arena funds to the Capital Improvement Program Budget for repairs to the Arena/Convention Center Loading Dock. BACKGROUND AND FINDINGS: The American Bank Center is constructed on foundation piers while the loading dock for the center is not. Due to ground settling of the loading dock, there is a shift deferential of approximately eight (8) inches between the center and the loading dock. This is affecting the integrity of the dock and makes loading and unloading extremely cumbersome. The City entered into a contract with LNV Engineering and Kleinfelder Testing to investigation the situation and develop a repair methodology and preliminary cost estimates to correct the deficiencies. On February 18th, 2013, city staff made a presentation to the Type A Board concerning the results of this investigation and discussed three different options for repair. This includes: • Option One for Minimal Repairs • Option Two for Moderate Repairs, and • Option Three for Complete Dock Replacement The Type A Board voted to recommend City Council appropriate $100,000 in funding at this time for the construction of Option One (miscellaneous minimal repairs) and the design of Option Two (moderate repairs — CMU wall infrastructure). Construction of Option Two (estimated budget $472,810) and strategic discussion on Option Three (complete loading dock replacement) will come back to the Type A Board and City Council at a future date and could be included in a future year Capital Improvement Program budget. The SMG Management Team endorses this facility investment approach. K\ENGINEERINMI- EGISTARWARCH IMABC LOADING DOCK}AGENDA- ADC LOADING G DOCK.DOCX ALTERNATIVES: 1. Appropriate $100,000 as proposed. 2_ Do not appropriate $100,000 as proposed. OTHER CONSIDERATIONS: The short -term repairs will not disrupt the event schedule at the three facilities. CONFORMITY TO CITY POLICY: This Ordinance conforms with City policies for appropriation of funds. EMERGENCY I NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Not applicable 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 0 TBD $0.00 Encumbered /Expended Amount This item (Budget Ordinance 100,000.00 100,000.00 Future Anticipated Expenditures This Project 100,000.00 TBD 100,000.00 BALANCE $0.00 $0.00 Fund(s): Arena Type A CIP Fund Comments: The planned work for design is scheduled to be a small AIE Agreement and the planned construction work will be a small contract completed through the Job Order Contract method to expedite construction and economize on costs. RECOMMENDATION: City Staff recommends the approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Location Map Ordinance KIENGINEERINGlEGISTARWARCH 1M13CLOADING DOCMGENDA -ABC LOADING I}OCK.DOCX F'rle : \Mproject\councilext7ibits\exhEl20l6.dwg . . . . . . ........ . `_- . . ............ . . . . . .......... . . SOLOMON ORM CTJ? `Q Z -J- v- qq. J." ... ....... v EAATTE CONVENTION CENTER �A PL AMERIIC�AN X BANK II U . . . . . . . . . . . . CENTER v C -.A V i,,PARK- a 1 ji Pip —ALiO. VICINITY MAP NOT TO SCALE PROJECT #E12016 FKA N; c(.)AT,us CHRISTI B_qy PROJECT SITE American Bank Center Loading Dock CITY COUNCIL EXHIBIT CITY OF CHRISTI, TEXAS and CMU Screen Wall Settlement DEPARTMENT OF CORPUS ENGINEERING SERvIcEs Assessment PAGE: 1 of 1 V � � 9J � V � Qj QJ Q � 0 a �o �3 L N 0 C o (!i i O m o s � c 4 a� U � o *� N 00 O � c� � w U 4-J Cid Q) U U Cd O cq 0 n CO O M to Q 0 m C� O O O 00 Co Lo N Lf) r r t09- V)- [ M O .. Q Z LU p w� CL w a � w J ~ J a. J a L. � O � w �c w Y Z V U V CU o CU m m r N m Z v Z v Z v o .2 o .L �� �� ��a) 0 Q oQ oQ [ M % -TEX.4 J FN�FS l�' if�`il j"� a4 h y- 6111 p M�l Clq 41 Y I WC ........... 1- p 1 i �,,,'YSC"yAHaiii� : I % -TEX.4 G� bA P4 u a� 'o a W JI Q Zj L (D O? 0' i i0?OI 01000 O O OHO 0 0` 010 0 O OF O, 0 (D ;C) IO O O O O i0; LO EO O: ((0 0;0 r 6F}[ ao �Ln�� -E M 0; c0 C) 0t ao v,Lo i ti�LOiLO N ~ i E M Lf) LO 1 & .O i U °r Qi06 [ LUE # i `Q,ai E i !� I O ' ! a) O j E ri [` 0 [ �'f € co i 1 I A' SE W im p ;� Nj - !•v'�I LL �_ QL �€ j �E (+-i3 1 U � 5; 0, �€ N ��, E c�� Calm c Nj co Z �j �� � I � I E mj W O c CD! ip €[[E OIQ �i E �i i LL L V[ CO) #� 01 I• Al • L 3 Lf Z�cc Iln���c cCD lvl 7•' �' O' O O1 0 1 � V � 0 ~ - U Us (❑ w [ c,. -- - ..- ..- ....- ._........ W I Lf� Page 1 of 2 Ordinance transferring and appropriating $100,000 from the Unreserved Fund Balance in No. 1130 Arena Improvement Fund to and appropriating in the No. 3274 Arena Type A CIP Fund for the Arena/Convention Center Loading Dock Repairs; changing the FY 2013 Operating Budget adopted by Ordinance No. 029577 to increase expenditures by $100,000; and changing the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to increase revenues and expenditures by $100,000 each. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $100,000 from the Unreserved Fund Balance in No. 1130 Arena Improvement Fund is appropriated and transferred and appropriating into the No. 3274 Arena CIP Fund for the approved Arena /Convention Center Loading Dock projects. SECTION 2. ' The FY 2013 Operating Budget adopted by Ordinance No. 029577 is changed to increase expenditures by $100,000. SECTION 3. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is changed to increase revenues and expenditures by $100,000 each. ATTEST: Armando Chapa City Secretary Ordinance - ABC Loading Dock THE 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 , 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 , 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 - ABC Loading Dock Chad Magill Colleen McIntyre Lillian Riojas Mark Scott day of THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor AGENDA MEMORANDUM First Reading for the City Council Meeting of March 19, 2013 Second Reading for the City Council Meeting of March 26, 2013 DATE: March 8, 2013 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289 -0171 ext. 1213 Authorization to execute a Long Term Lease Agreement with Host International, Inc. ( "HMS Host ") for the operation of a news and gift concession located at the Corpus Christi International Airport. CAPTION: Authorizing the City Manager, or designee, to execute a Long Term Lease Agreement ( "Lease ") with Host International, Inc. ( "HMS Host") for the operation of a retail concession located at the Corpus Christi International Airport ( "Airport"), in consideration of the greater of an annual minimum guarantee of $110,000 or a sum equal to ten percent (10 %) of the HMS Host's gross receipts, for a term of five (5) years. PURPOSE: Award a contract to HMS Host for continued management of our Retail Concession. BACKGROUND AND FINDINGS: HMS Host is the world's largest provider of food, beverage and retail services for travelers; they currently operate in 76 US Airports and 36 International locations. Concessionaire has an Agreement that is on a "month to month" basis. The City has proposed a negotiated base agreement of 5 -years with one 3 -year option. An initial investment will be made by the concessionaire to remodel and upgrade the store leasehold upon execution of the Agreement. In addition, the contract calls for the concessionaire to fund $150,000.00 in additional improvements prior to the end of the initial 5 -year term. ALTERNATIVES: No viable alternative exists. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The afore complies with the overall proposed concessionaire plan development of the Airport EMERGENCY INON- EMERGENCY: Non - Emergency DEPARTMENTALCLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year: 2012- 2013. _ Project to Date Expenditures Cl only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE runats): Comments: RECOMMENDATION: Staff requests approval of Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance HMS Host Lease Page 1 of 2 Ordinance Authorizing the City Manager, or designee, to execute a Long Term Lease Agreement ( "Lease ") with Host International, Inc. ( "HMS Host ") for the operation of a news and gift concession located at the Corpus Christi International Airport ( "Airport "), in consideration of the greater of an annual minimum guarantee of $110,000 or a sum equal to ten percent (10 %) of the HMS Host's gross receipts, for a term of five (5) years. Whereas, by Ordinance No. 025091, the City and HMS Host entered into an eight -year lease dated November 12, 2002 and commencing November 17, 2002, (the "Original Lease ") for the operation of a news and gift concession at the Airport; Whereas, the Original Lease was amended by Amendment No. 1 to Lease, dated January 18, 2005, pursuant to Ordinance No. 026113, to provide for additional storage area; Whereas, the City and HMS Host desire to reinstate the Original Lease, extend the term, and modify the provisions of the Original Lease and formally recognize the following terms and conditions of the new Lease in complete substitution for the Original Lease and all amendments and modifications thereto; 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 Long Term Lease Agreement for the operation of a news and gift concession located at the Airport, in consideration of the greater of an annual minimum guarantee of $110,000 or a sum equal to ten percent (10 %) of the HMS Host's gross receipts, for a term of five (5) years, which agreement is on file at the City Secretary's office. 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 Kelley Allen Rudy Garza Priscilla Leal David Loeb Ordinance — HMS Host Lease 3 -7 -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 , 2013, 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 — HMS Host Lease 3-7 -13 Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of , 2013. Nelda Martinez Mayor LONG -TERM LEASE AGREEMENT STATE OF TEXAS .§ KNOWN BY ALL THESE PRESENT: COUN'T'Y O.P NUECES § This Lease Agreement (the "A) is entered into this the day of , 2013 between. the City of Co.Tus Chiristi, a Texas municipal corporation, ( "City") acting through its duly authorized representative the City Manager, or designee ("City Manager'), P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277, and Host International, Inc. ( "Concessionaire " ), whose principal office and place of business is 6905 Rockledge Drive, 7'� Floor; Bethesda, Maryland, 20817, acting through its duly authorizedrepresentative ("Concessionaire's Agent "). WE[EREAS, by Ordinance No. 025091, the City and Concessionaire entered into an eight -year lease dated November 12; 2002 and cornmencing November 17, 2002, (the "Original Lease ") for the operation of a news and gift concession at the Corpus Christi International Airport (the "Airport'); WHEREAS, said the Original Lease was amended by Amendment No. 1 to Lease, dated January 18, 2005, pursuant to Ordinance No. 026113, to provide for additional storage area; WHEREAS, the City and Concessionaire desire to reinstate the Original Lease, extend the term, modify the provisions of the Original Lease and formally recognize the following terms and conditions in complete substitution for the Original Lease and all amendments and modifications thereto, as set forth in this Agreement. NOW, TEMRE> ORFk for and in consideration of the rentals to be paid City by Concessionaire and the respective covenants of the parties hereto, it is mutually agreed Between City and Concessionaire as follows: LEASED PREMISES City hereby leases, demises, and lets unto Concessionaire, and Concessionaire hereby hires and takes from City, the following leased premises (the "Leased Premises"), all located within the terminal building and the cargo facility at the Airport for the uses and purposes set forth below and as shown on Exhibit "A" and `Exhibit "C" (respectively, the concession premises and storage space premises, as set forth herein), hereto attached and made a part hereof 2. TERM OF AGREEMENT The term of the Original Lease (the "Term") was November 17, 2002 to November 17, 2010. The City and Concessionaire hereby reinstate the Original Lease, as amended, extend. the Term and ratify the reinstatement to be effective November 18, 2010. The Term of the Original Lease is hereby extended through April 30, 2013. The Term of this Agreement shall be extended an additional, five (5) years with an effective commencement date of May 1, 2013 and expiring April 30, 2018 (`Base Term "), with the option to extend further for one (1) additional three (3) year term (the "Option'. The Option is conditioned upon i) a refurbishment plan and related budget for the Leased Premises, agreed upon by the parties as described herein, ii) a capital investment by Concessionaire of one hundred fifty thousand dollars ($150,000) for Page 1 of 22 direct construction costs to refurbish the Leased Premises, such refurbishment to be completed before the end of the Base Term, iii) a performance bond or irrevocable standby letter of credit in the face amount of one hundred fifty thousand dollars ($150,000) as described below, and iv) a letter of agreement to extend the Agreement as stated herein, signed by both parties upon agreement of the parties of the refurbishment plan and budget. Concessionaire will submit the above - referenced refurbishment plan and budget to the Director no later than one (1) year before the expiration of the Base Temp, to be approved in writing by the Director, which approval ch-all not be withheld unreasonably. The Dueftor shAll have thirty (30) calendar days after receipt of the refurbishment plan and budget to object to any matter referenced within. If the Director does not obj ect in writing within such 30-day penal, he or she shall be deemed to have approved such refurbishment plan and budget. If, however, the Director objects within such 30-day period in writing to any matter - contained within the refurbishment plan and budget, the Director and Concessionaire agree to work together in good faith to resolve any such objections to the reasonable satisfaction of both parties. Subject to such approval by the Director of the refurbishment plan and budget, Concessionaire shall begin construction of said refurbishment no later than October 1 of the fifth (5°) year of the Base Term, and shall complete refurbishment of the Premises no later than the expiration data of the Base Term. Failure of the parties to reach an agreement with respect to the refurbishment plan an,d budget or to sign -a- letter -of agreement to extend will invalidate the Option and Concessionaire will have no obligation to rr fiubish the Premises On or before the date construction, if any, begins, Concessionaire must firnish to the Director a performance bond.or.irrevocable standby letter of credit in the face amount of one hundred -fifty thousand dollars ($150,000), issued by a surety company authorized and licensed to transact business in the State of Texas, with the City of Corpus Christi, Aviation Department as obligee, not subject to coverage or cancellation except after thirty (30) days' written notice by certified mail; return receipt requested, to the Director. Said, performance bond or irrevocable standby letter of credit shall be kept in force until completion of the above - referenced refurbishment, and shall stand as security for completion by Concessionaire of the refurbishment of the Leased Premises as described herein. In the event that the Option is exercised as described in the preceding paragraphs, but actual total direct construction costs expended on the refurbishment are less than $150,000, Concessionaire shall pay the City the difference between $150,000 and the total direct construction costs. As used herein, "direct construction costs" means all general contractor and construction related trades required to complete the project in accordance with the approved drawings as well as related costs associated with architecture, engineering, testing, permits, and construction management. This $150,000 capital investment shall be in addition to the improvements required in Section 5A herein. 3. USE.S,PRNI'LEGES,R.ESTRICTIONS Subject to the terms and conditions hereinafter contained, City grants to Concessionaire the - following rights and privileges; A. To the extent allowed by law, the non - exclusive right to operate a News and Gift concession in the Concession Premises identified on Exhibit A located in the terminal building at the Airport, providing news and gift items within Concessionaire's core business such as magazines, newspapers, books, retail products, beverages-, and other items, subject to approval by the Director. Page 2 of 22 B. The right of ingress to and egress from the Leased Premises and the Airport for Concessionaire, its officers, employees, agents, and servants, patrons, and invitees, and its suppliers of service and furnishers of materials, subject to the rules and regulations and applicable laws, codes, ordinances, and other regulatory measures relating to the use and operation of the Airport, and subject farther at all times to the Director's approval and control. C. The right to install, operate and maintain signs on the Leased Premises for the purposes of idea frn_in the Cronoessionaim The number, sizA ?ocatina general type, and design of said sips and the method of installation shall be subject to theprior written approval of the Director. D. Concessionaire shall not at any time engage in any business or activity on the Leased Premises or anywhere upon the premises of the Airport other than. those activities specifically authorized and contemplated under the terms of this Agreement without first scouring written authorization from the City. 4. RIGHTS AND PRIVILEGES RESERVED BY CITY A. The Director shall have the right at all times to raise objections to the condition of the Leased Premises, quality of goods offered for sale, prices charged, and the character of the service rendered, and to require that all objectionable practices either be remedied or discontinued within a reasonableperiod oftime. B. All rights, privileges, or interests acquired by the Concessionaire under the terms of this Agreement may, at the option of the City, following written notice of thirty (30) days, be suspended or finally tamfimted if such lion -or temmation is found by City, acftg m goods faith, to be necessary to secure federal finaucial aid for the development and improvement of theAkport_ C. City shall have the right, at any and all reasonable hours, to enter upon, the Leased Premises of Concessionaire for the purposes and to the extent necessary to protect City's rights and Interests, to provide for periodic inspection of the Leased Premises from the standpoint of safety and health, and to check Concessionaire's compliance with the terms of this Agreement. OBLIGATIONS OF CONCESSIONAIRE A. Improvements Concessionaire shall, without cost to City, provide all improvements, vvbdbmkod:crnot alterations, repairs, and trade fixtures necessary for the customary operation of such a concession, including;, but not limited to, sales counters, display cabinets, interior partitions, special lighting fixtures, wall coverings and finishes, floor covering, and all other equipment, furniture, proprietary trade fixtures, and furui.shings'necessary irk the proper conduct of Concessionaire's business. Concessionaire shall provide a plan and budget for proposed improvements to the City, attached to this Agreement as Exhibit D, to be approved in writing by the City prior to commencement of construction. Concessionaire shall begin construction and installation of said improvements by March 27, 2013 for completion no later than April 30, 2013. All improvements, furniture, fixtures and equipment identified above shall be funded at the sole cost of Concessionaire and amortized over the Base Tern of the Agreement. Upon occupancy, Concessionaire shall provide a complete list of all improvements, furniture, fixtures and equipment, whether fixed or not, to the City, to be incorporated into this Agreement. All improvements, furniture, fixtures, and equipment used in the Leased Premises shall be high quality, safe, fire - resistant, attractive in appearance, and shall require written approval of the Director prior to installation. Page 3 of 22 At the termination of this Agreement, all improvements, furniture, fixtures and equipment shall revert to the City in their entirety. However, all proprietary trade fixtures and non -fixed improvements shall belong to Concessionaire. 2 herein. These improvements shall. -be in addition to the $150,0[)0 capital investment required in Section Concessionaire shall not replace or remove, in whole or in part, any elements of the fixed leasehold improvements and trade fixtures in the Leased Premises without the prior written consent of the Director, who ,may, at his/her discretion, condition such consent upon the. obligation of Concessionaire to replace -same by an improvement specified in such consent. However, Concessionaire may remove its proprietary trade fixtures and non -fixed improvements and must restore the Premises to its original condition, normal wear and tear excepted. C. Alterations Concessionaire, during the Base Term of this Agreement, and following completion of the initial improvements, .shall not make any structural alterations to! said Terminal Building without the prior written consent of the Director. If any such alterations are permitted, Concessionaire shall pay all costs in connection therewith; including the restoration of the Leased Premises to the condition which existed prior to the making of such alterationsby Concessionaire, provided such restoration is demanded by City. D. Conduct of Coucessim Omatiions Concessionaire shall conduct its concession operations in. a first -class manner and in accordance with the highest standards for similar operations at other major air terminals and in the. region.. The service shall be prompt, clean., courteous, and efficient. Concessionaire shall maintain its Leased Premises at all times in a safe, clean, orderly, and inviting condition, to the reasonable satisfaction of the Director. E. Quality of GoodslMerchandise -Prices (1) . It is specifically stipulated and agreed by and between City and Concessionaire, with reference to the goods and merchandise sold by Concessionaire to the public using the facilities of the Airport, that Concessionaire will at all times maintain a degree of quality and quantity comparable to similar operadow in airports of comparable size and standards throughout the United States, (2) Prices charged by Concessionaire shaU not exceed ten percent (lab /D) above the prices charged for similar offerings at convenience stores in the Corpus Christi Area for comparable Items. (3) All goods and merchandise sold or offered for sale by Concessionaire must conform in all respects to federal, state, and municipal laws, ordinances, and regulations. (4) Airport Director reserves the right to audit Concessionaire to ensure compliance with this Section E. In the event that the Airport Director, in his or her sole discretion, determines that Concessionaire is not in compliance as stated, Airport Director shall provide written notice to Concessionaire of non- compliance and Concessionaire shall have twenty four (24) hours to comply. If Concessionaire fails to correct within the stated time frame and/or receives notice of such non- compliance more than twice in a twelve (12) month period, the Agreement shall terminate as provided in Section 17D herein. Page 4 of 22 F. Additional Airport Customer Services Concessionaire shall and agrees to make money change for any persons requesting such accommodation. G. Hours of Qperation Concessionaire shall ohse~ve and ownply with dlw fallowing Tainium as rig to hours of concession operations at the Airport: (1) Adequate services to meet public demand are to be maintained in the Terminal Building at ].east one -half (1/2) hour prior to the first aircraft departure to one -half (112) hour after the last scheduled aircraft departure, each day, seven (7) days per week. (2) These hours of operation are subject to adjustment upon seven (7) days` written notice by the Director to the Concessionaire if changes in airline schedules require the modification of the hours. (3) Airport Director reserves the right to audit Concessionaire to ensure compliance with this Section G. In the event that the Airport Director, in his or her sole discretion, determines that Concessionaire is not in compliance as stated, Airport Director shall provide written notice to Concessionaire of noncompliance and Concessionaire shall have twenty four (24) hours to comply. If Concessionaire fails to correct within, the stated time frame and/or receives notice of such non- compliance more than twice in a twelve (12) month, period, the Agreement shall terminate as provided in Section 17D herein. H. Personnel Concessionaire. shall at all tip provide a full -time, active, qualified, competent, and experienced manager to supervise the concession operations and otherwise to represent and act for the Concessionaire in matters pertaining to the day- by-day operation of the concession. Concessionaire's employees shall be clean, courteous, efficient, and neat in appearance. Concessionaire shall not employ any person or persons in or about the Concessionaire's Leased Premises who use improper language or act in a loud or boisterous or otherwise improper manner. Upon written notification by the Director to Concessionaire that any person employed by Concessionaire at the Airport is, in City's opinion, disorderly, un- sanitary, or otherwise unsatisfactory, Concessionaire shall take corrective action within twenty -four hours and shall inform the Director, in writing, of such action. All on -site personnel must meet the requirements for and obtain a CCIA Security badge, the cost of which is to be borne by Concessionaire. Employee permit parking is available and shall be provided by the Airport with the cost of permittingborne by Concessionaire. Licenses, Permits„ Franchises, Taxes Concessionaire shall bear, at its own expense, all costs of operating the News and Gift Concession, including any and all taxes assessed against its furnishings, equipment or stocks of merchandise and supplies, and shall obtain and pay for all permits, licenses, franchises, or other authorizations required by authority of lave' in connection with the operation of its business at the Airport. K. Compliance with Laws Regglations, Ordinances Rules Concessionaire shall at all times comply with applicable Federal, State, and Local laws and regulations, all applicable health rules and regulations, all applicable ordinances of the City of Corpus Christi and the County of Nueces, and the rules and regulations governing the operation, use, and Page 5 of 22 control of Corpus Christi International Airport as an airport_ L. LUh! Services City shall provide electric service to Concessionaire. Payment for this service is included in the percentage of rental fees in paragraph 6 hereof Concessionaire shall pay for all other utility services used by it at the public utility rates applicable for such services in the Corpus Christi area.. M_ 1Maintece of Corssionaire's Premises (1) Routine Maintenance Concessionaire agrees to assume full responsibility for the maintenance, at its own cost, of the Leased Premises, it being expressly understood that City will provide only for maior maintenance and repairs to the building structure. Concessionaire has inspectedtho Leased'Premises prior to the execution of this Agreement and is satisfied with the physical conditionof the Leased Premises, and its taking possession thereof is agreed to be conclusive evidence of its receipt of the Leased Premises in good order and repair. Coneessionaire'agrees to faithfully and fully maintain Leased Premises in good order and repair throughout the entire term of this Agreement and any extension hereof, Concessionaire further agrees that upon the termination of this Agreement for any reason, it shall, except as otherwise provided in paragraphs 15 and 20 hereof, restore the Leased Premises to the same condition as when received reasonable and ordinary wear and tear excepted. If the Leased Premises shall not be so Dept by Concessionaire; City may enter the Leased Premises (without such entering causing or constituting a termination of this. Agreement or any interference with the possession of the Leased Premises by the Concessionaire) and do all things necessary to restore the Leased Premises to the condition required by, this Agreement, charging the cost and expense to Concessionaire; and Concessionaire shall pay to City all such costs and expenses m addition to therenWsjm, and Chuges herein provided. (2} C'mtcdial ResimmsMities Concessionaire shall, at its own costs and expense, provide custodial services within the Leased Premises, including sweeping, cleaning, and waxing floors; dusting and washing of interior window surfaces. Concessionaire shall be responsible, at its own cost, for the maintenance and repair of all lighting fixtures within the Leased Premises, including the replacement of incandescent and fluorescent lamps, starters, ballasts, and other similar appurtenances. Concessionaire shall Deep the Leased Premises free from flies, roaches, other insects, and rodents. Concessionaire shall not permit the accumulation of rubbish, trash, debris, or other litter in and upon the Leased Premises and shall, at its own expense, provide for the disposal of such items in the trash dumpster provided by City for all Terminal Building tenants, and City will be responsible for the removal of rubbish, trash, debris, or other litter from the Airport premises. Concessionaire shall provide and use suitable receptacles placed within their Premises for all garbage, trash, and other refuse on or in connection with the Leased Premises. Piling of boxes, cartons, barrels; or other similar items in an unsafe manner in or about the Leased Premises, the loading dock, or other areas of the Airport, is forbidden. 6. SERVICES TO BE PERFORMED BY CITY A. Unless otherwise limited by Federal or State statutes, executive order, rules, or regulation, City shall, at its cost, furnish ordinary air conditioning and heat for Concessionaire's Leased Premises twenty -four (24) hours a day. B. Subject to the provisions of paragraph S.M. hereof, City shall furnish electric current to existing outlets in Concessionaire's areas. Page 6 of 22 7. FEES. CHARGES, ACCOUNTING RECORDS ANDREPORT Concessionaire shall pay rent through April 30, 2013 under the terms of the Original Lease. A. AnnuatGuarantee For the period commencing May 1, 2013 andending twelve (12) months thereafter, Concessionaire agrees to pay City a minimums annual guarantee of either one hundred ten thousand dollars (I ?0,4000), or a percentage of grows receipts (as defined m parggraph B below), is computed to be the greater. One - twelfth (1/12) of $110,000 shall be due and payable on or before the first day of each month for the month that the payment is due. If the payment is not received by the frft day of each month, then a penalty will be assessed as per Section 7D(3). : For the subsequent yeasts of this Agreement thereafter, -the minimum. annual guarantee payment shall be adjusted for the ensuing twelve (12) month period according to the Consumer Price Index (CPI) calculated for the State of Texas for the previous full calendar year, provided, however, that in no event shall the minnuarn annual guaranteed payment for the ensuing twelve (12) month period be less than -: either $110,000 or the percentage of gross receipts, as defined in paragraphB below, whichever is greater. B. Percentage of Gross Receipts Paid to City The percentage of gross receipts to be paid to City is as follows; (1) Commencing May 1, 2013, a sure equal to ten percent (10 %) of the gross receipts (as defined herein) derived by Concessionaire during the month oVaccourit from the sale of all items whatsoever, in connection with Concessionaires Dews and Gift Shop operation in the terminaibuilding. C. Payment Terms (1) Fifteen (15) days after the beginning of each calendar month during the term hereof, Concessionaire shall pay to City a sum of money which represents the excess of the difference between the percentage fee due on gross receipts (as defined herein) for the previous month, less one - twelfth (1 /12) of the minimum annual guaranteed payment (as adjusted, based on the CPI, as stated in Section 7A above) made on or before the first of the previous ' month. In the event the percentage fees due shall not exceed the minin-n,m annual guarantee due during any month in the term hereof; then no additional percentage fee shall be due and payable for such month. (2) Ail remittances for rentals, fees, and charges are to be made payable to the City of Corpus Christi and remitted to the office of the Director of Aviation, 1000 InternationalDrive, Corpus Christi, Texas 78406. D. Delinquent Charges or pees (1) Concessionaire shall be responsible for payment of interest and penalty on, amounts not remitted in accordance with the terms of this Agreement or amounts determined to be due and owing to City, unless waived by the City Commission. (2) Interest Interest on all past due amounts due the City shall be charged at the lawful legal rate, as may be amended. The obligations for payment and calculations thereof shall commence upon the day following the due date established herein. Page 7 of 22 (3) Penalty In addition to interest described above, Concessionaire may be responsible for payment of penalty on amounts not remitted in accordance with the terms of this Agreement as may be determined by the Director or designee. Said penalty shall be ten percent (10 %) of the amount then due . or $100-00, whichever is greater. The obligation for payment and calculation thereof shall commence upon the day following the due dates established herein. (4) Annual Statement Results If, as a result of the annual statement required in F.2, additional amounts are disclosed to be due and owing to City, Merest and pe ?ty shall be oWculated thereon in accordance with paragraph 7.D.(1), (2), and (3). Concessionaire shall remit to City any additional amounts identified as due and owing according to the written statement. Interest and penalty thereon for any remittance received later than 90 days after the close of the year shall be calculated and billed by City. If no written statement is received within 180 days, the City may make an independent audit, which costs and any monies owed as a result of the audit, including penalties and interest, shall be paid by. Concessionaire. (5) Non - exclusivity This provision permitting collection of interest and penalty by City on delinquent payments is ,'iaot to be considered City's exclusive remedy for Concessionaire's. default or breach with respect to delinquent payment. The exercise of this remedy is not a waiver by City of any other remedy permitted under the Agreement, including but not limited to termination of this Agreement. E. Definition of Gross Receipts The term "gross receipts" as used herein shall mean the aggregate amount of the gross selling pn= receive- by Concessionaire from a1i sources through the opp=ow of the couceaswn granted by this Agreement. R shall be all- inclusive whether or not such sales are made by cash of credits or whether the selling price is- collected or uncollected. It shall include all business transacted at the Airport. Deductions shall be allowed only for the amount of any federal, state, or local excise and sales taxes presently or hereafter levied upon such sales or to be collected from the purchaser, and bona fide reimbursements to Concessionaire by its agents or employees for shortages in cash. F. Statements Books and Records (1) Within fifteen (15) days after the close of each calendar month during the Term of this Agreement, Concessionaire shall submit to City, in a form and with detail satisfactory to City, a statement of its gross receipts during the preceding month from its operations at the Airport upon which the percentage payments to City set forth in 7.A are computed, said statement to be signed by a responsible accounting officer of Concessionaire, ' along with any additional fees due for revenues in excess of minimum. fu addition, a late monthly report penalty of $100.00 per month is „due for any report received after the twentieth (20th) day. Concessionaire shall keep full and accurate books and records showing all of its gross receipts pertaining to operations at the Airport, and City shah have the right, through representatives, and at all reasonable times, to inspect such boobs and records, including sales tax return records. Concessionaire hereby agrees that all such records and instruments will be made available to City at the Leased Premises for at least a three (3) year period. (2) Concessionaire shall employ an independent certified public accountant who shall furnish within one hundred twenty (120) days after the close of each contract year a written statement to City stating that in their opinion, the percentage fee paid by Concessionaire to City during the preceding year pursuant to this Agreement was made in accordance with the terms of this Agreement. Such statement shalll also contain a list of the gross receipts as shown on the books and records of Page 9 of 22 Concessionaire and: which were used to compute the fees paid to City during the period covered by the statement_ Failure on the part of Concessionaire to submit this required statement within one hundred twenty (120) days after the close of each contract year will result in the City assessing a late processing fee of Fifty and No /100 dollars ($50.00) for each month or fraction thereof thatthe statement is past due. (3) The parties acknowledge and agree that the term . "contract year" means the twelve- month period from May 1 through April 30, G. Audit City reserves the right, at City's expense, to audit Concessionaire's books and records of receipts at any time for the purpose of verifying the. gross receipts hereunder. If, as a result of such audit, it is established that concessionaire has understated the gross receipts, as defined herein, by three percent (3 %) or more, the entire expense of the audit shall be .borne -by . Concessionaire. Any additional percentage fee due shall forthwith be paid by Concessionaire to,City.wdr interest thereon at ten percent (10 %) per annum from the original due date. H. AdditionalFees and e Concessionaire shall pay to City additiora.l fees and charges under the following conditions: (1) If City has paid any sum or sums or has incurred any obligation or expense which Concessionaire agreed to pay or to reimburse City; or (2) If City is required or elects to pay, any _ suin_ or. sums or incurs any obligations or expense because of the failure, neglect, or refusal of Concessionaire to perform. or fulfill any of the conditions of this Agreement. I. Recital Few for Cargo ) AO& Storage The rental fee for the space allotted Concessionaire in the Cargo Facility as depicted on Exhibit "C" shall be charged in accordance with the typical rental fees for this type of space in accordance with the Airline's Rates and Charges calculations each fiscal year. Thirty (30) days prior to the end of each fiscal year, Concessionaire shall be notified of the new rate for the next fiscal year. Payment is due upon receipt of invoice. Concessionaire may terminate rental of -the Cargo Facility Storage space by requesting such in writing to the Director providing for a thirty-day notice. Once Concessionaire has vacated the storage space, rental payments under this Section shall ceasc. 8. INDEAMM Concessionaire agrees to indemnify, protect, defend, and Bold harmless the City, and any successors, assigns, agents, officers, directors, employees, and affiliates of City, (collectively referrers to herein as "indemnitees ") for, front, and against any and all liabilities, damages, claims, suits, losses, causes of action, liens, judgments, and expenses (including court costs, attorneys' fees, and costs of investigation) of any nature, kind or description arising or alleged to arise by reason of injury to or death .of any person or damage to or loss of property (1) occurring on, in, or about the L sed Premises, or (2) by reasons of any other claim whatsoever of any person or party occasioned or alleged to be occasioned in whole or in part by any act or omission on the part of Concessionaire or any invitee, licensee, employee, director, officer, servant, Contractor, or subcontractor, or (3) by any breach, violation, or non - performance of any covenant of Concessionaire under this Agreement (collectively referred to herein as "liabilities "), even if such liabilities arise from. or are attributed to the concurrent negligence of any indemnitee. The only liabilities with respect to which Concessionaire's obligation to Page 9 of 22 indemnify the indemnitees does not apply is with respect to liabilities resulting solely from the negligence or willful misconduct of an indemuitee. If any action or proceeding shall be brought by or against any indemnitee in connection with any such liability or claim, Concessionaire, on notice from City, shall defend such action or proceeding, at Concessionaire's expense, by or through attorneys reasonably satisfactory to City. The provisions ofthis paragraph shall apply to all activities of Concessionaire with respect to the Leased Premises, building or complex, whether occurring before or after the commencement date of the Agreement Term, or before or after the expiration or termination of this Agreement. Concessionaire's obligations under this paragraph shall not be limited to damages, eompesasatlex6 or lets payable under insurance policies, workers' compensation acts, disability benefit acts, or other employees' benefit acts. The terms of this provision shall survive the termination of this Agreement to the extent any such damage occurs prior to such termination. 9. INSURANCE AND PERFORMANCE BOND A. Liability Insurance Concessionaire must secure and maintain at Concessionaire's expense during the term: of this Agreement, a Commercial General Liability Insurance policy with the limits and requirements shown on the attached and ..incorporated as Exhibit "B." The Certificate of Insurance roust be sent to City's Risk Manager and Airport Director and must provide thirty (30) days written notice of cancellation, intent not to renew or material change of any coverage required herein. Concessionaire will provide copies of all insurance policies to th e City Attorney upon the City Manager's written request. The amount of all required Insurance policies is not deemed to be a limitation on Corwessiomaire's agreement to mdcimfy and Wid harmless City, and its the event Oonc&sswnwe or City beemes liable in an amount in excess of the amount or amounts of the policies, then Concessionaire must save City harmless from the whole liability. City shall have no liability for any premiums charged for such coverage, and the inclusion of City as a named insured is not intended to, and shall not, snake City a partner or joint - venturer with Concessionaire it, its operations at the concession Premises. B. Future Insurance Requirements Concessionaire and City understand and agree that the minimum limits of the insurance herein required may become inadequate, and Concessionaire agrees that it shall increase such rnmimurn limits upon receipt of notice in writing from City. C. Adjustment of Claims Concessionaire shall provide for the prompt and efficient handling of all claims for bodily injury, property damage or theft arising out of the activities of Concessionaire tinder this Agreement. D. Conditions of Insurance Default City may terminate this Agreement in accordance with Section 16 of this agreement if Concessionaire fails to consistently maintain said insurance levels. Page 10 of 22 E. PerformanceBond APerformanceBond, conditioned onperformance. of all of the Concessionaire's covenants set forth in the Agreement, in the amount equal to the first year's minimum annual guarantee as defined in Section 7 herein, will be required from the Concessionaire and shall be renewed annually and remain in effect for the entire term of the Agreement. The Performance Bond shall be (i) issued by a company licensed to conduct business in the State of Texas; (ii) in the farm approved by the City; (I)payable to City of Corpus Christi, Aviation Department and (iv) delivered to the Office of the Director. 10. NONDISCRIMINATION Concessionaire, for itselfz its personal ;representatives, successors in interest, and assigns, as a. part of the consideration hereof, does hereby covenant and agree, that (1) no person on the ground of race;, color; - or national original shall be excluded from participation in, denied the benefits of or be otherwise subjected to discrimination in the use of the Leased Premises; (2) that in the construction of any improvements in the Leased Premises and the furnishing of services thereon, no person on the grounds of race, color, or national original shall be excluded from .participation in the project, denied the benefits of, or otherwise be subjected to discrimination; (3) that Concessionaire shall use the -leaser3 premises in compliance with all other requirements imposed by .or- Tursuant to Title 49, Code of Federal Regulations, Department of Transportation,: Subtitle A, Office of ' the Secretary, Part 21, Nondiscrimination in Federally - assisted programs of, the . Department.. of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amendecL That in the .event of breach of any of the above nondisa mi aation. covemants, City shall have the right to terminate this Agreement and to re -enter and repossess the facilities thereon, and hold the same as if this Agreement had never been made or issued. Concessionaire further agrees to undertake all applicable mandated actiom that may be requir dpursu= to Americans with DmWities Act, as may be amended- 11- AFFIRMATIVE ACTION The Concessionaire assures that it will undertake azr affirmative action program as required by 14 CFR Part 12, Subpart E, to ensure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from. participating in any employment activities covered in 14 CFR Part 162, Subpart E. The Concessionaire assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. The Concessionaire assures that it will require that its covered- sub organizations provide assurances to the Concessionaire that they similarly will undertake affirmative action programs and that they will require assurances from their sub organizations, as required by 14 CFR, Part 152, Subpart E, to the same effect 11 DISADVANTAGED BUSINESS DEVELOPMENT A. This Agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR part 23, subpart F. The Concessionaire agrees that it will not discnMinate against any business owner because of the owner's race, color, national origin, or sex in connection with the award of performance of any concession agreement covered by 49, CFR part 23, subpart F_ B. Concessionaire agrees to include the statements in paragraph 12.A. in any subsequent concession agreements that it enters and cause those businesses to similarly include the statements in further agreements. Page 21 of 22 . C. Concessionaire shall comply with Airport's approved Disadvantaged Business Enterprise (DBE) program submitted in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Office of the Secretary, Part 23, Participation. by Minority Business Enterprise programs of the Department of Transportation - Effectuadon of Title VI of the Civil Rights Act of 1954, and as said Regulations may be amended. D. if CcmcessionaLme s a DBE firm, evidence of 4certifrcation as a Disadvantagcd Business Enterprise issued under a Disadvantaged Business Enterprise program approved by the Department of Transportation shall be provided prior to the commencement of this agreement. If Concessionaire is eligible for certification as a DBE, but is not currently certified, Concessionaire shall notify City of its eligibility prior to the commencement of this agreement so that the certification process can be initiated, 13. EMINENT DOMAIN In the event that the United States of America or the State of Texas or any entity having the power of eminent domain shall, by exercise of the right of eminent domain or any other power, acquire title in whole or in part to the Airport, including any portion assigned to Concessionaire, Concessionaire shall have no right of recovery whatsoever against City but shall make its claim for compensation solely against the United States of America or the State of Texas or the condemning entity, as the case maybe. 14. UNl'ENANTABLEPREMISES AND RELOCATION A. if Leased Premises are partially damaged by fire or other casualty, but not rendered untenamable, City shall repair the premises at its own cost and expense, subject to the limitations of Paragraph 14.E; provided, however, that if the damage is caused by the negligent act or omission of Concessionaire, its sub lessees, agents, or employees, Concessionaire shall be responsible for reimbursing City for the cost and expenses incurred in such repair. B. If the damage be so extensive as to render the Leased Premises untenantable but capable of being repaired in sixty (60) days, the same shall be repaired by City at its own cost and expenses, subject to the limitations of Paragraph 14.E., and the fees payable by concessionaire shall be proportionately paid up to the time of such damage and cease until such time as the assigned premises shall be restored and again made tenantable; provided, however, that if said damage is caused by the negligent act or omission of Concessionaire, its sub lessees, agents or employees, the fees due will not abate and Concessionaire shall be responsible for reimbursing City for the costs and expenses incurred in such repair. C. In the event the premises are completely destroyed by fire or other casualty or so damaged that. they will remain untenantable for more than sixty (60) days, the City shall be under no obligation to repair, replace and reconstruct the Leased Premises, and concession fees 'shall be paid up to the time of such damage and destruction and thereafter cease until the premises shall be fully restored. If within twelve (12) months after the time of the damage or destruction the Leased Premises have not been repaired or reconstructed for Concessionaire's use, or other reasonable facilities provided, Concessionaire may give City written notice of its intention to cancel this Agreement in its entirety as of the date of such damage or destruction. D. Notwithstanding paragraph 14.C., if the leased premises are completely destroyed Page 12 of 22 as a result of the negligent acts or omissions of Concessionaire, fees payable hereunder shall not abate and City may, in its sole discretion, require Concessionaire to repair and reconstruct the Leased Premises and pay the costs therefor; or City may, in its sole discretion, repair and reconstruct the Leased Premises and Concessionaire shall be responsible for reimbursing City for the costs and expenses incurred in such repair. E. It is understood that, in the application of the foregoing Paragraphs KA., B., and C., City's obligations shall be limited to repair or reconstructing of the Leased Premises, where applicable, to the same eft ---d of equal qualify as at -ad at the commencement of this Agree, City Will not be responsible for repair or replacement of improvements, furniture, furnishings, equipment or expendables. F. Should the improvements, furniture, furnishings, equipment or expendables, or any part of thetas, be destroyed or damaged, they shall in all instances be repaired or replaced. by Concessionaire whether or not -said damage or destruction is covered by insurance, provided that this Agreement has not been canceled in accordance with the terms 'thereof. Redecoration and replacement of damaged or destroyed furniture, furnishing, equipment and expendables shall also ' be the responsibility of Concessionaire and any such redecoration, refurnishing, and re- equipping shall be of equivalent quality to that originally installed hereunder, If Concessionaire fails to repair or replace such damaged. or destroyed improvements subject to a schedule approved -by City or falls to redecorate or replace damaged or destroyed furniture, furnishing, equipment and expendables, and provided that this Agreement has not been canceled, City may make such repairs or replacement and recover from Concessionaire the cost and expense of suchrepair or replacement. 15. AIRPORT-REQUESTED RELOCATION The Director may require fae Concessionaire to vacate ox relocate all or part of the Leased Premises upon first giving written notice to the Concessionaire. The notice must identify that portion• of the Leased Premises to be vacated or relocated and the date the Concessionaire must vacate. The Airport will work with the Concessionaire to locate replacement Concession space within the Terminal of the approximate size of the Leased Premises taken. Airport has no obligation or liability to pay any moving cost or any claim for lost revenue or profits associated with the relocation or removal. of Concession space from the Concessionaire's Leased Premises. The Airport will reimburse the Concessionaire for the unamortized capital investment, as set forth in Section 5 herein, for each portion of the Leased Premises taken within 60 days after Concessionaire vacates that portion as required by this provision. Unamortized capital investment shall be defined as the cost of the capital investment as agreed upon by Concessionaire and City, less straight line depreciation from the date Concessionaire begins operations in the refurbished Leased Premises. 16. LIA13II..ITY OF MY It is specifically understood and agreed that City shall have no liability to Concessionaire for damage to or loss of property of Concessionaire, its employees, agents, servants, or patrons, from any cause whatsoever, unless such damage to or loss of property shall be caused by gross negligence or willful misconduct on the part of City, its employees, agents, or servants. 17. ASSIGNMENT AND SUBLETTING Concessionaire shall not assign this Agreement or sublet the Leased Premises, either in whole or m part, without prior written approval of City, which approval will not be unreasonably withheld or delayed.. No request for, or consent to, such assignment or sublease, shall be considered unless Concessionaire shall have paid all rentals, fees, and charges which have accrued in favor of City and Page 13 of 22 Concessionaire shall have otherwise met all other legal obligations to be performed, kept, and observed by it udder the terms and conditions of this Agreement or as this Agreement may be subsequently amended or modified. 18. TERMINATION BY CITY This Agreement shall be subj eat to cancellation by City in the event of the happening of any or more of the following contingencies: A. Concessionaire shall file a voluntary petition of bankruptcy; or if proceedings in bankruptcy shall be instituted against it and it is thereafter adjudicated a bankrupt pursuant to such proceedings; or if a court shall take jurisdiction of Concessionaire and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or if a receiver for ConcessiornaireN assets is appointed; or if Concessionaire shall be divested of -its rights, powers, and privileges under this Agreement by other operation of law. B, Concessionaire shall abandon and discontinuethe conduct and operation of said concession at the Airport. C_ Concessionaire shall default in or fail to make any payments at the times and in the amounts as required of it under this Agreement_ . . D. Concessionaire shall fail to perform, keep, and observe all of the covenants and conditions contained in this Agreement to be performed, kept, and observed by it, including, but not limited to, the payment of fees and other charges in the time, manner, and amount as provided in this Agrecment and compliance% with ail applicable laws, crdu ances, codes, rules, and other regulatory measures of the United States of America, the State of Texas, County of des and City of C€ 4W Christi, and the rules and regulations governing the use, operation, and control of the Airport. E. All rights, privileges, or interests acquired by Concessionaire under the terms of this Agreement may, at the option of City, following written notice of thirty (30) days, be suspended or finally terminated if such suspension or termination is found by City, acting in good with, to be necessary to secure Federal financial aid for the development and improvement of said Airport. F. Upon the happening of any of the contingencies recited in subsection 13, C, or D of this paragraph 18, City shall give written notice to Concessionaire to correct or cure such default, failure to perform, or breach; and if, within thirty (30) days from the date of such notice, the default, failure to perform, or breach complained of shall not have been corrected in a manner satisfactory to the Director, then, m such event, City shall have the right, at once and without further notice to Concessionaire, to declare this Agreement terminated and to enter upon and take full possession of the Leased Premises. If this Agreement is terminated pursuant to this Section, the City may draw upon the Performance Bond described in Section 9(E) herein in satisfaction of any past -due Annual Guarantee or other past -due amounts hereunder, to be drawn monthly on the last day of each month after such termination, for a period of time not to exceed one year, or until the Premises are re-let to a replacement tenant, whichever event occurs sooner, G. Upon the happening of any one of the contingencies enumerated in subsection A of paragraph 18 hereof, this Agreement shall be deemed to be breached by Concessionaire and thereupon, ipso facto and without entry or any other action by City, this Agreement shall terminate, subject to be reinstated only if such involuntary bankruptcy or insolvent proceedings, petition for organization, trusteeship, receivership, or other legal act divesting Concessionaire of its rights under Page 14 of 22 this Agreement shall be denied, set aside, vacated, or terminated in Concessionaire's favor within sixty (60) days from the happening of the contingency. Upon. the happening of said latter events, this Agreement shall be reinstated as if there had been no breach occasioned by the happening of said contingencies, provided that Concessionaire shall, within ten (10) days after the final denial, vacating, or setting aside of such petition on the vacating, terminating, or setting aside of such appointment, pay or discharge any or all sums of money which may have become due under this Agreement in the Interim and shall there rernain unpaid and shall likewise fully perfonn and discharge all their obligations which may.have accrued and become payable in the interim. 19. TERMINATION BY CONCESSIONAIRE Concessionaire may cancel this Agreement and terminate all or any of its obligations hereunder at anytime Concessionaire is not in default under the terms hereof by giving thirty (30) days.written notice upon or afterthe happening of anyone ofthe following events. A. The permanent abandonment of the Airport as an air terminal. B. ' The Issuance by any court of competent jurisdiction of an injunction substantially preventing or restraizming the use of the Airport or of the terminal building and the remaining in force of suchinjunction for at least ninety (90) days. C. The breach by City of any of the terms, covenants, and conditions of this Agreement and the failure of City: to act to remedy such breach for a period of sixty (60) .days after the receipt of written notice from concessionaire of the existence of suchbreach. . D. In the event of destrciction of alf or a txmaterial.portkm of dw Anport or its facilities, or in the event that any agency or instrumentality of the United States Coven m nt or any state or loml government were to occupy the Airport or a substantial part thereof, or in the event of military mobilization or public emergency where there is a curtailment (either by executive decree or legislative action) of normal civilian traffic at the Airport or of the use of motor vehicles or airplanes by the general public or in the event of a limitation of the supply of automobiles or automobile fuel supplies or parts for general public use, or in the event of strikes, boycotts, labor disputes, embargoes, shortage of materials, provided; however, that any of said events must first result in i aterial interference with Concessionaire's normal business operations or substantial diminution in Concessionaire's gross receipts of 50% for a period of sixty (60) or more consecutive days. 20. WAIVERS A. The acceptance of charges and fees by City for any period or periods after a default of any of the terms, covenants, and conditions herein contained to be performed, kept, and observed by Concessionaire shall not be deemed a waiver of any rights on the part of the City to terminate this Agreement for failure by Concessionaire to so perform, keep, or observe any of the terms, covenants, or conditions hereofto be performed, kept, and observed. B. No waiver of default by either party of anyof the terms, covenants, or conditions of this Agreement to be performed, kept, and observed by either party either prior to or after either party may have remedied the same, shall be construed to be or act as a waiver of any subsequent default of any of the terms, covenants, and conditions herein contained to be, performed, kept, and observed by either party- Page 15 of 22 21. DISPOSITION OF F URNRSHINGS AND EQUIPMENT UPON TERMINATION Upon the termination of this Agreement, all finnisbings other than Concessionaire's personal property, proprietary trade fixtures and non -fixed improvements revert to City with no further obligations on the part of either party hereto to one another. 22. RJERPRE i'ATiON OF AGREEMENT It is understood and agruod that wffi rig her i contained is inter or shoid br wo �- as in anywise creating or establishing the relationship of copartners between the parties hereto, or as constituting Concessionaire as the agent, representative, or employee of City for any purpose or in any manner whatsoever. Concessionaire is to be and shall remain an independent contractor sander this Agreement and agrees to and does hereby accept full and exclusive liability for the payment of any and all contributions or taxes for Social Security, Worker's Compensation Insurance, Unemployment Insuranee, or Old Age Retirement Benefits, Pensions, or Annuities now or hereafter imposed under any state or federal lavers which are measured by the wages, salaries, or other remuneration paid to persons employed by Concessionaire for work performed under the terms of this Agreement, and agrees to indemnify and save harmless City from any such contributions or taxes or liability therefor_ In interpreting the provisions of this Agreement, the laws of th:, State of Texas shall prevail. 23. INVALID PROVISIONS In the event any covenant, condition, or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any such covenant, conditions, of provision shall in no way affect any other covenant, condition, or provision herein contained, provided that the invalidity of such covenant, condition, or provision does not materially prq ace either City or CoraDessionaire m the respective rights and ebhgatkm contained in the valid covenmts, . conditions, or provisions of this Agreement. 24. NOTICES Notices to City provided for in this Agreement shall be sufficient if sent by registered or certified mail, postage prepaid, addressed to the Director of Aviation, Corpus Christi International Airport, 1000 International Drive, Corpus Christi, Texas 78406; and notices to Concessionaire shall be ,sufficient if sent by registered or certified mail, postage prepaid, addressed to: General Counsel HMS Host Corporation 6905 Rockledge Drive 7'b Floor Bethesda, MD 20817 Senior Vice President of Development HMS Host Corporation 6905 Rockledge Drive Bethesda, MD 20817 or to such other respective addresses as the parties may designate to each other in writing froxntime to time. Page 16 of 22 25. GOVERNNIENTALFACILITIES In the event the Federal Government discontinues the provision and operation of air traffic controls, navigational aids, and other airport facilities which are now or may hereafter be furnished by it, City shall not be required or obligated to furnish such facilities and services after discontinuance thereof by the Federal Government, 26. AIRPORT SECURITY Concessionaire covenants and agrees that it will at all times maintain the integrity of the Airport Security Plan and FAR Part 107, as amended from time to time. Should Concessionaire, through a negligent act of its own, allow access to the Security identification Display Area to an unauthorized person or persons, and City should be cited a civil penalty for the concessionaire's breach of security, Concessionaire agrees to reimburse City for any monetary civil penalty which may be imposed upon City by the Federal Aviation Administration.. 27. GOVERNMENTAL RIGHTS Nothing in this -Agreement shall be construed or interpreted in any manner whatsoever as limiting, relinquishing, or waiving of any rights or ownership enjoyed by City in said Airport or in any manner waiving or .limiting its control over the development, improvement, operations, and maintenance of the Airport or in -derogation of such governmental rights as City possesses, except as may be otherwise specifically provided herein. 2$. PARAGRAPH HEADINGS The paragraph headings contained herein are for convenience in reference and are not intended to specifically define or limit the scope of any provision of this Agreement. 29. FAMILIARITY AND COMPLIANCE WITH TERMS A. Concessionaire represents that it has carefully reviewed the terms and conditions of this Agreement and is familiar with such terms and conditions and agrees to faithfully comply with the same to the extent to which said terms and conditions apply to its activities as authorized and required by this Agreement. B. It is understood that Concessionaire's proposal submitted in response to the Request for Proposal relative to the award of this Agreement, and any written answers to questions asked by City are all made part of this Agreement by reference, and this Agreement shall supersede any conflicting agreements. 30. SUCCESSORS AND ASSIGNS All provisions of this Agreement shall extend to bind and inure to the benefit not only of City and of Concessionaire, but also their legal representatives, successors, and assigns, 31. ATTORNEY'S FEES AND COSTS Should this Agreement be placed by CITY in the bands of any attorney for collection, or for handling costs of bankruptcy or probate proceedings, CITY shall be entitled to recover its costs and reasonable and necessary attorneys' fees. In such event, reasonable and necessary attorneys' fees are Page 17 of 22 agreed to be ten percent (10 %) of all sums due and owing under the Concession Agreement, unless otherwise pleaded and proved. 32. STATE LAW AND VENUE DETERMINATION This AgLeement shall be subjcct to and governed under the laws of the state of Texas_ Any and all obligations and payments are due and performable and payable in Nueces County, Texas_ The parties agree that venue for purposes of any and all lawsuits, causes of action, arbitrations, or other disputes shaLl be in Nucces County, Texas. 33, CANCELLATION OF ALL PREVIOUS NEWS AND GIFT CONCESSION AGREEMENTS By mutual execution of this Agreement the - parties agree to cancel ali prior News and Gift _ Concession Agreements in effect for operation by Concessionaire at Corpus Christi International Airport as of the date of said mutual execution_ 34. PUBLICATION COSTS Concessionaire agrees to pay the costs of newspaper publication of this Agreement and related Ordinance as required by the City Charter. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective proper officers and have affixed their corporate seals hereto as of the day and year first above written. EXECUTED IN DUPLICATE ORIFTWAU this representative of the parties. ATTEST. Armando Chapa City Secretary Host International, Inc. Concessionaire: By: amalian Name: Dr IA"w& Title: EXHIBITS: Exbibit A - Exhibit B - Exhibit C - Exhibit D - clay of , 2013 by the author City of Corpus Christi, Texas Ronald L. Olson City Manager Concession Premises Description Insurance Requirements Storage Premises Description Iunprovements Plan and Budget Page 19 of 22 E��IT "A" LEASED PREMISES (concession premises) Page 19 of 22 COM98 CA089Inter WORiAVIRxt a W 'LEASED P 15 5 r , CURITY Cif N POINT FORD COURT ,,,, rum [WEI o E. ► r �f Qf- � MPOSE NEWIRMIFT C ONCEr-StONAREA b ' `OR CARPU6#iR18Tl r INTERNATIONAL AIRPORT =2NIRMlG1FT LEA89AGRwuENT EFFECTIVE, , t 90TH Ara, MFASUREMMM TO MWAINETHE r CITY GALE AKA AFWA OFM(r.uefVEGPAQELEASBCaMLI. a 0 FR6MTHEWTER[pROFTNEEMEPA6q{. i WALI.OMI)*omiHQCEkTi RLjNET0 i CkNi�INEGFEA4 '}iR'fTRFI10FtWALL,Of1� INTHEABSE ,,HC9OFWf:RipRWGAiks7kE' -' sa! POINT OF&AriCENi1RLINE WOULD 11E _ f KEY MAP vawnaTFP tCCAhpR I r---n L"M M ate: s -zaoa AY6Mlfl6YA2+aa aoo :>q�ete �r�se Y%r1'M rmw u- r -r�wae . 27 Page 20 of 22 EMIT B INSURANCE REQUIREMENTS I. CONCESSIONAIRE "S LIABILITY INSURANCE A. Concessionaire 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. Concessionaire 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 to the eaten* of its interests for the General Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE NUND4UM INSURANCE COVERAGE 30 Day Notice of Cancellation required on all certificates Bodily injury and Property Damage by policy endorsement(s) Per Occurrence 1 aggregate Commercial General Liability including: $1,000,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2_ Premises — Operations 3. Products/ConvIded Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired & Non-owned WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF TIMS EXHIBIT. $500,000 / $500,0001$500,000 EMPLOYERS LL4BILrIY C. In the event of accidents of any kind related to this project involving employees of the City, Concessionaire shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. 1I. ADDITIONAL RE0UTRE1ViEN'!`S A. Concessionaire 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 MCC B. Concessionaire's financial integrity is of interest to the City; therefore, subject to Concessionaires right to maintain reasonable deductibles, Concessionaire shall obtain and maintain in frill force and effect for the duration of this Agreement, and any extension hereof, at Conccssionaires sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon reasonable 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. 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, Tit 78469 -9277 (361) $26 -4555- Fax # D. Concessionaire 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 to the extent of their interests, as respects operations and activities of, or on behalf of, the mined 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. F. Within fifteen (15) calendar days of a suspension, cancellation, or non-renewal of coverage, Concessionaire shall provide a replacement Certificate of Insurance and applicable endorsements G H. L f K to City. City shall have the option to suspend Concessionaire's performance should there be a lapse in coverage at any time during this contract. Failure to provide a replacement Certificate of Insurance and applicable endorsements as set forth above shall constitute a material breach of this contract. In addition to any other remedies the Pity may have upon the suspension, cancellation, or non- renewal of Concessionaires coverage, , the City shall have the right to order Concessionaire to discontinue sales hereunder, until Concessionaire provides a replacement Certificate of h rralmce and applicable endorsements as set forth in Section IIF, above. . Except to the extent otherwise provided herein, nothing herein contained shall be construed as limiting in any way the extent to which Concessionaire nay be held responsible, for payments of damages to persons or property resulting from Concessionaire's or its contractor's performance of the construction work covered under this agreement. Except to the extent otherwise provided herein, it is agreed that Concessionaire'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_ EXIMIT C,C" LEASED PREMISES (storage premises) Page. 21 of 22 zx�mrr C � Min, �t A � 2 p� � i |� |I �2 - § q 7 � k2 � , �E 2 $ . %- 7 § 3 � � i .1 § c 2E 1 , q 7 � k2 � , � P . EXHIBIT "D" EWRO EMENTS PLAN AND BUDGET To be attached when provided. Page 22 of 22 Now (A 0 Z N 2 .0 V 0 �\ D 0 � C' D OFF: .. CL 4a E C'7 C; O 0 Q 0 CL L � a CL .L V) V A A: M 0 V.. 0 a� Q 0 .,� N 0 ..�.� L 0 L (D C: a- - 0 .2 • 0 4- 4 V) _ 11- �7 �— i to 0 = Z y A A .0 V 0 �\ C' i OFF: .. C'7 •O► 0 0 CL L � a .L A A: U p ED ° to w •.. wwa�P-�a - Gn VacnUav�Cl rA co) H o J o Om bA� ° z � � Q� ° A V) ° x kA 114 0 t/f �O v x o � � �W4r�PgwUU'UU000Qf�QWww w a m m L i V : pp MID V V . a m N O CL O i r �� \ �\ . :� � .� ^ k : ) � 7 °�) 2 � � � / «� \ ƒ Ilz Y f Yx 3 e ] 3 a LZ N D O 0 0 V ;� = Q CD mom y � o J F. A 0 4- 0 a a CL s. O } 0 0 M E 0 0 > O O CL E Lo0 � � 0 0— A A W 0 0 0 o ^0 0 o W � 0 0 0 0 0, o 0 0 �. 0 0 O > ' O � E 0 � L. 0 0 0 = CL. o 4- Q ° 0 0- ° 00 o o E LO LO � tog,- 0 A A A'`. FF-- DATE: January 17, 2013 AGENDA MEMORANDUM First reading for the City Council Meeting of March 19, 2013 Second reading for the City Council Meeting of March 26, 2013 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Planning and Environmental Services Email: PeteAn @cctexas.com Work Phone: 826 -3781 Texas Commission on Environmental Quality Grant for Air Quality Planning CAPTION: Ordinance ratifying the acceptance of Amendment No. 5 to the Grant.Agreement with the Texas Commission on Environmental Quality and appropriating $371,520 in the No 1071 Community Enrichment Grants Fund for air quality planning activities. PURPOSE: This item ratifies the acceptance of the amendment to the grant agreement with the Texas Commission on Environmental Quality. It accepts and appropriates additional grant funds for air quality planning activities. BACKGROUND AND FINDINGS: The Texas. Commission on Environmental Quality (TCEQ) has made an additional $371,520.00 available to the City for air quality planning. The City's Rider 8 Air Quality planning grant provides for the City to sub - contract Near Non - attainment Assessment and Planning and Pollution Prevention Partnership. The TCEQ and City will.address the work program for the FY2012 -2013 funding through amendment of the work program to be administratively approved by the City Manager or designee. ALTERNATIVES: 1. Approval of the Ordinance as recommended. 2. Decline to accept the grant offer. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: The contracts and selection process complies with City Policy. EMERGENCY 1 NON- EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Environmental Services FINANCIAL IMPACT: Operating, :` X Revenue Capital Not applicable Fiscal Year: 2011- 2012 - Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Current Award $683,702.25 $083,702.25 Encumbered 1 Expended Amount 0.00 0.00 This item 0 1 0.00 $371,520.00 BALANCE 01 1 0.00.1 $1,055,222.25 Comments: Funds not sub - contracted will be utilized to defray the cost of grant administration RECOMMENDATION: Approval of the ordinance as.presented. LIST OF SUPPORTING DOCUMENTS: Grant Agreement Amendment 5, ordinance Page 1 of 2 Ordinance ratifying the acceptance of Amendment No. 5 to the Grant Agreement with the Texas Commission on Environmental Quality and appropriating $371,520 in the No. 1071 Community Enrichment Grants Fund for air quality planning activities. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Council ratifies the acceptance and execution of Amendment No. 5 to the Grant Agreement for air quality planning activities with the Texas Commission on Environmental Quality (TCEQ) to increase maximum TCEQ obligation by an additional $371,520.00, for a revised maximum TCEQ obligation amount of $1,055,222.25. A copy of Amendment No. 5 shall be filed in the office of the City Secretary. SECTION 2. That $371,520 is appropriated from the TCEQ in the No. 1071 Community Enrichment Grants Fund for air quality planning activities. 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 , 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 Nelda Martinez City Secretary Mayor TCEQ Contract Number: 582 -11 -11223 Contract Amendment 5 CONTRACT AMENDMENT TO THE GRANT AGREEMENT BETWEEN THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE CITY OF CORPUS CHRISTI Amendment Number 5 The Texas Commission on Environmental Quality (TCEQ) and the City of Corpus Christi (Performing Party) hereby agree to amend the Grant Agreement No. 582 -11 -11223 in accordance with general authority to enter the underlying grant agreement, Article 12.5, and Article 21, as follows: 1. Replace the maximum TCEQ obligation included in Amendment #4 as item 1. with the following: "The maximum TCEQ obligation (Maximum Amount Available for Reimbursement) under this grant is revised to: $1,055,222.25." 2.' Article 1 WORK, Article 1.3 WORK PLAN, Article 1.3 is amended to add the following language: "FY12 and FY13 work plans are requested 45 days from the time the Contract Amendment for funding is approved." 3. Article 2 REIMBURSEMENT, CONTRACT/GRANT AGREEMENT AMOUNT, Article 2.3 is amended so that the maximum amount of reimbursement to be provided by TCEQ for the completion of the Work shall not exceed $1,055,222.25 unless the parties amend this amount in accordance with the Grant Agreement Documents. The TCEQ shall not reimburse the Performing Party for any expenses not a part of the approved work plan. Fiscal Year breakdown of maximum amount of reimbursement: a. FY11- $612,922.25 of funding b. FY12- $70,780.00 of funding added via Amendment 4. c. FY12- $213,018.24 of funding d. FY13— $158,501.76 of funding available for use pending signing of subsequent Contract Amendment that includes Work Plan /Budget. The original total amount, the amount of increases, and the amended maximum amount of reimbursement are as follows: Original Amount of Contract $ 516,329.26 Amendment 1 $ 0.00 Amendment 2 $ 96,592.99 Amendment 3 $ 0.00 Amendment 4 $ 70,780.00 Amendment .271 ,520.00 Revised Maximum TCEQ Obligation $1,055,222.25 Page 1 Of 2 TCEQ Contract Number: 582 -11 -11223 Contract Amendment 5 All conditions and requirements of Contract Number 582 -10-11223 that are not addressed in Amendment Number 5 to this Agreement shall remain unchanged, and shall apply to all services specified herein just as if those services had been included in the original Agreement. TCEQ: PERFORMING PARTY: Texas Commission on Environmental QualiV OV of Co us Christi By: By: (Authorized Signature) Steve Hagle, P.E. (Printed Name) Deputy Director, Office of Air (Title) Date: (Authorized Signature) Ronald Olsen (Printed Name) City Manager (Title) Date: Page 2 of 2 Ordinance Appropriating $11,586.71 in the General Fund No 1020 from abandoned/ . unclaimed monies from the Police Property Room; Amending the FY 2012,2013 operating budget adopted by Ordinance No. 029577 to increase revenue and expenditures in the General Fund No 1020 by $11,586.71 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $11,586.71 from abandoned /unclaimed monies from the Police Property Room is appropriated in the General Fund No 1.020. SECTION 2. That the FY 2012 -2013 operating budget adopted by Ordinance 029577 is amended-by increasing revenue and expenditures in the General Fund No 1020 by $11,586.71. 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 Marc 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 ANb APPROVED, this the th day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor DATE: March 11, 2013 AGENDA MEMORANDUM First Reading for the City Council Meeting of March 19, 2013 Second Reading for the City Council Meeting of March 26, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo @cctexas.com 361- 826 -3494 Amendment to the Lease of International Westside Baseball to add additional baseball fields at Greenwood/Horne Youth Sports Complex CAPTION: Ordinance authorizing the City Manager or designee to execute an Amendment to the Lease Agreement with International Westside Baseball League for additional baseball fields at Greenwood/Horne Youth Sports Complex. PURPOSE: Amend the International Westside Baseball lease to add the Westside Pony Baseball fields. BACKGROUND AND FINDINGS: The City Council approval is required to amend leases for City property. Attached is background information on this item. ALTERNATIVES: Do not approve the Amendment OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council action is required to approve the lease amendment. EMERGENCY INON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal, Finance 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 1 Expended Amount This item BALANCE runats): Comments: none RECOMMENDATION: LIST OF SUPPORTING DOCUMENTS: Attachment A: Brief History and Parks and Recreation Field Operation Information Attachment B: Request and Plan for Use by International Westside Baseball Ordinance Lease amendment Ordinance authorizing the City Manager or designee to execute an Amendment to the Lease Agreement with International Westside Baseball League for additional baseball fields at Greenwood/Horne Youth Sports Complex. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or City Manager's designee is authorized to execute an amendment to the Lease Agreement with International Westside Baseball League for additional baseball fields at GreenwoodlHorne Youth Sports Complex for its baseball program. 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 , 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 3 , 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 International West Side 4033 Greenwood Dr. Corpus Christi, Texas 78416 Dear Michael Morris, I Ruben M. Riojas (IWS league President) and the current board members request that West Side Base Ball fields be leased to me and the current board members from International West Side league. Fields will be. utilized for baseball play by the west side neighborhood kids giving them the opportunity to play ball in their immediate neighborhood. We will be hosting the age groups of 11 714 year olds for the Pony Baseball season. We will be looking into Inter - Leaguing with other Pony Baseball Organizations in the Corpus Area. When the high school season ends we will be offering all high schools the opportunity to play a condensed season and then participate in the Pony Baseball All - Stars. During the fall (Sep, Oct & Nov1 we will offer a fall season for 11 thra 18 year old players. Please help us obtain the Lease to West Side Baseball fields so our Kids from the West Side of Corpus Christi can have a place to call home. Thank You, uben M. Riojas IWS President League plan to utilize West Side Base Ball Complex 1. We have contacted coaches for the 11/12 year old (Bronco Div) and 13/14 year old (Pony Div). As of Monday January 14, 2013 we have the following commitments. Ernie Ochoa Giants 11/12 y/o 13 players Roland Ayala River Cats 11/12 y/o 13 players Dennis Ruiz Knights 11/12 y/o 13 players Eric Medina Giants 13/14 y/o 13 players Joe Tovar Bears 13/14 y/o 13 players Alex Ayala River Cats 13/14 y/o 13. players 2. We will also Inter - league with CCPal bringing approximately 3 teams with 13 players each. 3. We are in the process of passing out flyers to the middle schools in our area advertising Our 11 -14 year old program. 4. We are also in the process of calling all IWS players that are moving up to this division. S. When the high school season ends we will be offering all high schools the opportunity to Play a condensed season and then participate in the Pony Baseball All- stars, 6. During the fall (Sep, Oct & Nov) we will offer a fall season for 11 thru 18 year old players. Please help us obtain West Side Sports Complex so our kids from the West Side of Corpus Christi can have a place to call home. Thank You, Ruben M. Rlojas IWS President Amendment No. 2 to the Lease Agreement between the City of Corpus Christi and International Westside Baseball Whereas, on March 27, 2012, a lease agreement was authorized with International Westside Baseball, "Lessee ", regarding use of property at -Greenwood /Horne Youth Sports Complex, "Lease Agreement "; Whereas, the parties desire to amend the Lease Agreement to revise the leased premises Now, therefore, the parties agree to amend Section 3 of the Lease Agreement by addition of the following underlined text and revised Exhibit B: 1. Section 3, - Premises and Improvements. (A) City leases to Lessee the Premises, as described and cipljneated in Exhibit B the site map of which is attached hereto and incorporated. herein this Agreement by reference, and all improvements to the Premises ( "improvements ") including, without limitation the fields fences, irrigation systems, and grassed areas. (B) Exhibit B Premises is amended to add the additional area shown as "Westside Pony Baseball League" on the attached Exhibit B but excluding the following 2013 dates: March 2 -3 April 5 -7 May 18-19 .tune 15 -16 July 13 -14 Auqust 10 -11 September 14 -15 October 12 -13 November 9 -10 December 14 -15 During these dates, the fields labeled as "Westside Pony Baseball League" fields on Exhibit . B will be used exclusively for tournaments which had been previously approved by City Parks and Recreation 2. All other terms and conditions of the Lease Agreement remain in effect_ 3. This Amendment takes effect upon date of City Council approval. Executed in duplicates, each of which shall be considered an original on this the day of 2013. City of Corpus Christi By: Ronald L. Ofson, City Manager International-Westside Baseball v � By. President�r Date: ATTACHMENT Recent History of the Westside Fields Westside Pony Baseball was in existence up until 2007. They then became Westside Little League. They lost the Pony charter due to organization violations. Westside Little League was in operations for one year and then folded. The Parks and Recreation Department took over the three fields in 2008, which were in very poor condition.. Since then, we have put in many man hours, and thousands of dollars into the improvement of the fields. Athletics has had many compliments about the current field conditions. The Department has invested approximately $186,000 over the last five years to bring the fields back up to standard. Parks and Recreation currently runs high school baseball league averaging 24 teams. The fields are also rented for league play, tournament play, and. practice. , Anyone interested -.in renting the fields does so by contacting the Athletics Division, which maintains a yearly schedule so there are no conflicts. International Westside has been given use of one field (smaller field) for use to have one team -that plays in the Police Athletic League. Parks and Recreation Programming Information Related to Westside Fields 1. Funds invested to bring fields up to standard $186,000 2. Financial — FY2012 Revenue $51,216 FY2012 Expenses $27,233 3. Current League Participants — High School Teams - number of teams — 21 to 28 4. Tournaments - - number per year - 10 - number of teams each per tournament — 12 -16 - number of dates already reserved for 2013 -.10 5. Already providing field usage to International Westside Mondays and Wednesdays and an occasional Saturday for tournaments on one field per International Westside request. AGENDA MEMORANDUM First Reading for the City Council Meeting of March 19, 2013 Second Reading for the City Council Meeting of March 26, 2013 DATE: February 28, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo @cctexas.com 361- 826 -3494. Senior Companion Program (SCP) State Grant Award for FY12 -13 .CAPTION: Ordinance appropriating a $5,381 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Senior Companion Program. PURPOSE: Appropriation of State grant funding to allow the continuation of the Senior Companion Program (SCP) BACKGROUND AND FINDINGS: As the Senior Companion Program sponsor, the City of Corpus Christi receives Federal and State grant funding for the program. This award of $5,381 is the State portion of the grant. This is the second year of a two year grant contract. ALTERNATIVES: Reject the grant and cut the number of homebound seniors served through the Senior Companion Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate State grant funds. EMERGENCY I NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ✓ Operating ❑Revenue ❑ Capital a Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP onl) Current Year Future Years TOTALS Line Item Budget $5,381 $5,381 Encumbered 1 Expended Amount This item BALANCE $5,381 $5,381 runa(s): rant Tuna iutjr Comments: No additional grant match is required. RECOMMENDATION: Staff recommends acceptance of the grant for the State's portion of the Corporation for National and Community Service for the continuation of the Senior Companion Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Notification of Financial Award Page 1 of 1 Ordinance appropriating a $5,381 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Senior Companion Program. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. A $5,381 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund is appropriated for the Senior Companion Program. 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 oRD- appropGrant- SrCompanion- 2093[1 ] Nelda Martinez Mayor For official use Only Notice of Grant Award Corporation for National and Community Service 601 Walnut Street, Suite; 876 C Philadelphia, PA 19106 -3323 Senior Companion Program Grantee City of Corpus Christi FIN: 746000574 1201 Leopard St PO Box 9277 Corpus Christi TX 78401 -2120 Award Information /igreetnent No.: 11S7WTX007 Project Period: 49/0112011 - 0813112013 Amendment No.: 2 Budget Period: 09/01/2012 -- 0813112013 CF'DA No.: 94.016 Grant Year: 2 Award Description Purpose The purpose of this award is to assist the grantee in carrying out a national service prograirt as authorized by the Domestic, Volunteer Service Act of 1973, as amended (42 U.S.C., Chapter 22) using inoney appropriated by the State of'fexas. Funding Information previously ThIsAward/ TOW Current Year 2 Awarded Amendment Year This Year Total obligated by CNCS 5U 55,381 $5,331 Cram"'s Clnoblipiet so $0 $0 Balance (0trrytwcr) 'twill Available $0 $5,381 $5,381 Cumulative Funding for Project period Total Awardcd in Previous Amendments Twat CNCS funds Awarded to Date $5,381 $1.0,762 _...... ... ........ .._....._....._.._W._ ........ ...... _..... _...__..... ,..,.._....._ ..... -_ _ ..._ _.._ Funding Source and Amount 2012- -OPF'l -Q52 -COO- 61413 -4101 $5,381.40 Special Conditions Costs allowed under this grant are litnited to those categories contained in signed application package [land 8!8/12. The grantee shall be entitled to reimbursement for costs incurred on or after September 1, 2012 which if incurred before the signature date of this award, would have been reinibuised under the terns of this grout. ........... . ..... . ........... ....._ .... - ........ Terms of Acceptance: By accepting funds tinder this grant, the Grantee agrees to comply with all terns and conditions of the grant that are on the Corporation's website at hops:// egt'an( s. c: ns. gov /iermsaiidconditions /FGPSCPTandC Revised20101001 -pdf, all assurances and certifications made in the Grant application, and all applicable federal statutes, regulations and guidelines, The Grantee agrees to administer the funded PrograIn in accordance with the approved Grant application and budget(s), supporting documents, and other representations made in support of the approved Grant application. Corporation for National and Community Service: Page t For Official Use only For Offirdal Use Only Notice of Grant Award 601 Walnut Street, Suite 876 E, Philadelphia, FA 19106-3323 Senior Companion PTqr4!!j . . .............. . .. ..... .. ....... Grantee ............ . City of Corpus Christi EIN: 746000574 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 . .. .. ..... ... ........ .. .... ..... Corporation for National and Community Service: e 0912612012 Lennette B. White, 215-9(4-6309 61-ants official Signature Bate LeRoy Minor, (512) 916-5671 Lennette 8. White Program Official Name (typed) Senior Grants Officer Title. Psge 2 For Official Use Only DATE: February 28, 2013 AGENDA MEMORANDUM First Reading for the City Council Meeting of March 19, 2013 Second reading for the City Council Meeting of March 26, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo @cctexas.com 361 -826 -3494 Mayor's Fitness Council Amendment to duties and membership CAPTION: Ordinance amending the Code of Ordinances regarding Mayor's Fitness Council duties and membership. PURPOSE: The purpose of this amendment is to change the structure of the Mayor's Fitness Council from thirteen (13) members to nine (9) members, as well as update the duties of the group to include its efforts to make policy and environmental changes to address chronic disease. BACKGROUND AND FINDINGS: The Mayor's Fitness Council (MFC) was created in 2010 in response to our community's growing battle with the negative impacts of chronic disease such as diabetes, cardio pulmonary disease, cancer, etc. The Council was tasked with collaborating with partners to host sporting events, fairs and activities to encourage residents to become physically active and lead healthy lives. Since its creation, the Council has been awarded several grants via the Center for Disease Control, National Parks and Recreation Association and Texas Department of Health and Human Services that have expanded the group's efforts to include advising City Council and the community on policy, system and environmental changes (such as the construction of community gardens and hike & bike trails, long term planning for mobility and parks & recreation, etc.) that can create positive measurable change in the battle against chronic disease. The proposed amendment includes these efforts in the MFC's duties. Initially comprised of thirteen members representing various sectors of the community, the MFC has been struggling to meet quorum since its inception. The current MFC has reviewed the original ordinance and made suggestions for combining seats that are redundant and creating a smaller, more dynamic council that can adequately address health and fitness Issues in the community in a timely manner. Do not approve the amendment and keep original structure of the Mayor's Fitness Council Not _•- CONFORMITY 10 CITY POLICY: City Council must approve all changes to Boards and Commissions duties and memberships. EMERGENCY 1 NON- EMEtj,GENCY: Non - Emergency DEPA,BIMENTAL CLEARANCES; Legal City Secretary's Office 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 runaks): Comments: RECQMMENDATION: Staff recommends the approval of the amendment_ LIST OF SUE!PORTING DOCUMENIS: Ordinance Ordinance amending the Code of Ordinances regarding Mayor's Fitness Council duties and membership. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That Chapter 2, Division 30, Section 2 -297 of the City Code of Ordinances regarding membership of the Mayor's Fitness Council, is amended to read as follows: "SECTION 1. DIVISION 30. - MAYOR'S FITNESS COUNCIL Sec. 2 -295. - Created; purpose. There is hereby created the Mayor's Fitness Council. The purpose of the committee is to encourage, promote and enhance healthy living through organized sports., events,-diet and everyday activity, all with a strong emphasis on using natural resources. (Ord. No. 028525, § 1, 3 -23 -2010) Sec. 2 -296. - Duties. The committee shall act as an advisor to the city council, city manager, parks department, and health district regarding promotion of healthy living, including but not limited to the following activities; (a) o encourage, promote and enhance healthy living through organized sports, events, diet and everyday activity, all with a strong emphasis on using natural resources. (Ord. No. 028525, § 1, 3 -23 -2010) (b) To collaborate with communit y leaders in all sectors to develop and implement Policy and environmental improvement strategies that will help combat chronic disease such as diabetes cardio pulmonary disease and cancer. Sec. 2 -297. - Membership; terms; filling vacancies; ex- officio members. (a} The committee shall consist of nine 9 members, to be appointed by the Mayor with the approval of the City Council. The committee shall consist of individuals representing the following categories: VeteFag's e�llr s— se�eFate jniti health care/medical professionals, worksite wellness, sell , disability networks, faith based paFtRers, senior Gitizen wellness initiatives, youth afte initiatives, community outreacWspesial eve and two (2) three 3 at large members. alGG seFve an the GOMmittee. City Fesiden ant does not apply to HaisGn4fGm the Govemegs Advisory G9UnGiI-. (b) Of the ii; itial members, eight (8) membe— s hall sewe a two yeaF teF— aind -Five (5) , aAll terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. The staggered terms are as follows: 2 (1) The members filling the following five (5) categories have a two year term which ends in even„ numbered year: Health care /medical professionals Senior initiatives, Youth initiatives, Community Outreach, and one At large member. (2) The members filling the following four (4) categories have a two -year term which ends in odd numbered ear: Worksite wellness Disabili networks and Two At-large members (c) In the event a vacancy occurs during any term, the replacement shall be appointed by the Mayor with approval of the City Council to fill the unexpired term. (d)Ex officio members will include Director of Parks and Recreation, and the Director of the City County Public Health District. (Ord. No. 028525, § l,'3-23"2010; Ord. No. 028598, § 1, 5 -11- 2010)" 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 3 AGENDA MEMORANDUM First Reading Ordinance the City Council Meeting of March 19, 2013 Second Reading Ordinance for the City Council Meeting of March 26, 2013 DATE: March 13, 2013 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826 -3082 wesp @cctexas.com FROM: Mike Culbertson (361) 882 -7448 mculbertson@ccredc.com Ordinance Defining "Catalyst Area" and Establishing the Downtown Catalyst Area in Corpus Christi, Texas CAPTION: Ordinance defining "Catalyst Area" and establishing the Downtown Catalyst Area in the City of Corpus Christi, Texas PURPOSE: To define the term, "Catalyst Area," as an area of underdevelopment and/or blight that meets the criteria described in Section 312.202 of the Texas Tax Code, in which the City wants to attract beneficial investment and development by making available economic incentives. This resolution also establishes the Downtown Catalyst Area in Corpus Christi_ BACKGROUND AND FINDINGS: Parts of the City historically have not had beneficial growth and /or have had blight or substandard or deteriorating structures and infrastructure. These areas would benefit from economic incentive tools, such as tax abatement, to spur development of these areas. This resolution defines such areas as, "Catalyst Areas." The 2010 census reduced the area of the enterprise zones downtown. To include those areas on the south side of downtown requires the City to establish a reinvestment zone. This Ordinance establishes the Downtown Catalyst Area_ The Downtown Catalyst Area includes all of the Downtown TIRZ to help the City cover all of the potential sites for growth. ALTERNATIVES: none OTHER CONSIDERATIONS: The Downtown Catalyst Area will be an area in which the City may designate a Reinvestment Zone pursuant to Section 312.202 of the Texas Tax Code, thus allowing the City to incentivize any development south of downtown, to include the dedicated park areas, without Laving to amend the current tax abatement guidelines or grant a variance for any development seeking incentives. CONFORMITY TO CITY POLICY: Defining and establishing Catalyst Area is consistent with the City's stated goals of improving the City and promoting economic development by incentivizing business to locate and thrive in Corpus Christi. 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: None RECOMMENDATION: Staff recommends the Council define "Catalyst Area" as an area of underdevelopment and /or blight that meets the criteria described in Section 312.202 of the Texas Tax Code and recommends that the Council establish the Downtown Catalyst Area in Corpus Christi. LIST OF SUPPORTING DOCUMENTS: Catalyst Area map Page 1 of 2 Ordinance Defining "Catalyst Area" and Establishing the Downtown Catalyst Area within the City of Corpus Christi, Texas. Whereas, it is the policy of the City to encourage the redevelopment of areas wherein the creation and retention of new jobs and investment will benefit the area economy, provide needed economic opportunities, strengthen the real estate market, and generate tax revenues to support local services; and Whereas, areas of the City that substantially arrest or impair the sound growth of the City, retard the provision of housing accommodations, or constitute an economic or social liability or menace to the public health, safety, morals or welfare are areas that need to be improved and that would benefit from economic development tools to attract developers and investors; and Whereas, the City Council desires to define such areas as "Catalyst Areas" in which, the City shall promote enhanced economic incentives to encourage investment and development, such Catalyst Areas to meet the criteria described in Section 312.202 of the Texas Tax Code; and Whereas,. the City Council desires to establish the Downtown Catalyst Area Now, therefore, be it resolved and ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Definition of Catalyst Area: The City Council hereby defines, "Catalyst Area," as an area of the City that substantially arrests or impairs the sound growth of the City, retards the provision of housing accommodations, or constitutes an economic or social liability or menace to the public health, safety, morals or welfare, which area needs to be improved and which would benefit from economic development tools to attract developers and investors, such Catalyst Area to meet the criteria described in Section 312.202 of the Texas Tax Code. Section 2. Creation of Catalyst Areas: The City Council hereby establishes the Downtown Catalyst Area, the locations and boundaries of which is more particularly described on Exhibit A attached hereto and incorporated by reference herein. ORDINANCE CATALYST AREAS 2-4-13 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 That 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, this the th day of , 2013. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor ORDINANCE CATALYST AREAS 2 -4-13 City nr 500 1,000 2,000 3,000 4,000 Downtown Area Feet K^CevelopmeIS— tSHAREDnS Projects%CATALVST AREASDOWNTOWN Catalyst Area NO■M■SE• WNTQWN %emaari' OO :ra4N �sfC. 1 r i t ; r � y '.srr t �` F 'E C € fll®R1 66 Y Y� y � � ✓ / - fiJ f .� f �i �t� S 16 qr y� �' 9 � � �" �. ✓ ;' � � E :y }mod 7 -, tl� "€ l( %s3. i ',aaw i.,r; - �` ✓- I� i ' F+� 47�`�'� r i z Legend x tn :,.. Downtown m ,5 ios,zr AGENDA MEMORANDUM iblic Hearing/ First Reading Ordinance the City Council Meeting of March 19, 2013 Second Reading Ordinance for the City Council Meeting of March 26, 2013 DATE: March 13, 2013 TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826 -3082 wesp @cctexas.com FROM: Mike Culbertson (361) 882 -7448 mculbertson @ccredc.com Ordinance Designating the Downtown Reinvestment Zone CAPTION: Ordinance Designating the Downtown Reinvestment Zone within the City of Corpus Christi, Texas, under the Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code). PURPOSE: To designate the Downtown Reinvestment Zone under the Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code), which is located in a Catalyst Area within the City. BACKGROUND AND FINDINGS: The Downtown Catalyst Area historically has not had beneficial growth and/or has had blight or substandard or deteriorating structures and infrastructure. This area meet$ the criteria for reinvestment zone as stated in Section 312.202 of the Texas Tax Code and would benefit from economic incentive tools, such as tax abatement, to spur development of this area. Designating Reinvestment Zones within the Catalyst Area allows the City to encourage reinvestment in this area by offering property tax abatement to developers. This Ordinance establishes the Downtown Reinvestment Zone. The Downtown Reinvestment Zone includes all of the Downtown TIRZ to help the City cover all of the potential sites for growth. ALTERNATIVES: none OTHER CONSIDERATIONS: The Downtown Reinvestment Zone will allow the City to incentivize any development south of downtown, to include the dedicated park areas, without having to amend the current tax abatement guidelines or grant a variance for any development seeking for incentives. CONFORMITY TO CITY POLICY: Defining and establishing the Reinvestment Zone is consistent with the City's stated goals of improving the City and promoting economic development by incentivizing business to locate and thrive in Corpus Christi- EMERGENCY I NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL, IMPACT: ❑ Operating.. ❑ Revenue o Capital ® Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CI P only) Current Year Future Years TOTALS Line Item Budget Encumbered I Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends the Council designate the Downtown Reinvestment Zone in Corpus Christi. LIST OF SUPPORTING DOCUMENTS: Reinvestment Zone map Page 1 of 2 Ordinance Designating the Downtown Reinvestment Zone within the City of Corpus Christi, Texas, under the Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code). Whereas, the Texas Property Redevelopment and Tax Abatement Act (the "Act"), Texas Tax Code, Chapter 312, as amended, authorizes the City Council of the City of Corpus Christi to designate a zone for property tax abatement under the Act; and Whereas, it is the policy of the City to encourage the redevelopment of areas wherein the creation and retention of new jobs and investment will benefit the area economy, provide needed economic opportunities, strengthen the real estate market, and generate tax revenues to support local services; and Whereas, the area of Downtown meets the criteria for a reinvestment zone as stated in Section 312.202 of the Act; and Whereas, on Monday, March 11, 2013, notice of a public hearing on the designation of the Downtown Reinvestment Zone was published in a newspaper of general circulation in the City of Corpus Christi, and on Monday, March 7, 2013, notice was given by U.S. Mail, certified, postage prepaid, return receipt requested, to the presiding officer of the governing body of each taxing unit including' property in the proposed Zones in accordance with the Act; and Whereas, the City Council of the City of Corpus Christi conducted a public hearing on Tuesday, March 19, 2013, at which all interested persons were entitled to speak and present evidence for or against the designation of the Zone for temporary property tax abatement. Now, therefore, be it resolved and ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. Creation of Zones: The City of Corpus Christi finds and determines that the Downtown area of the City meets the criteria to be designated as reinvestment zone stated in Section 312.202 of the Act and is reasonably likely, as a result of the designation, to contribute to the expansion of primary employment and will attract major investment in the Zone that would be a benefit to the properties and would contribute to the economic development of the City, and that this area should be designated as the Downtown Reinvestment Zone. The location and boundaries of the Zone is more particularly described on Exhibit A attached hereto and incorporated by reference herein. 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: ORDINANCE REINVESTMENT ZONES 2-4 -13 Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb 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 , 2013, 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 REINVESTMENT ZONES 2 -4-13 Chad Magill Colleen McIntyre Lillian Riojas Mark Scott th day of Nelda Martinez Mayor 2013. Cf ly ufi 0 500 1,000 2,000 3,000 4,000 Downtown Area Feet K%DevelupmerdSvcSVSHARE01G15 ProjecisTATALYS7 AREATOWNTOWN Catalyst Area MEMERNKa %MEEMMIP DOWNTOWN DATE: February 28, 2013 AGENDA MEMORANDUM First Reading for the City Council Meeting of March 19, 2013 Second Reading for the City Council Meeting of April 23, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo @cctexas.com 361- 826 -3494 Public Hearing and Ordinance for Lease of a Portion of Mt. Vernon Park to the Corpus Christi Area Council for the Deaf CAPTION: Ordinance finding that there is no feasible and prudent alternative to the expanded use from approximately 0.4 acres to 0.677 acres of Mt. Vernon Park located along 5100 block of McArdle Road by The Corpus Christi Area Councii for the Deaf for the expansion and continued operation of The Corpus Christi Area Council for the Deaf, and determining that all reasonable planning has occurred to minimize harm to Mt. Vernon Park resulting from such use; and authorizing the City Manager or designee to execute a ten -year lease agreement with The Corpus Christi Area Council for the Deaf for expanded lease area of approximately .677 acres of Mt. Vernon Park, with one ten -year extension term. PURPOSE: Amend the current lease with the Corpus Christi Area Council for the Deaf for Mt. Vernon Park to accommodate a proposed expansion of the Deaf & Hard of Hearing Center. BACKGROUND AND FINDINGS: The Corpus Christi Area Council for the Deaf has a lease agreement for .4 acres of Mt. Vernon Park (5100 block of McArdle Road — near La Palmera Mall) to maintain and operate The Deaf and Hard of Hearing Center. The original lease signed was signed in 1983. An amendment the :lease was amended in 1991 in order to meet Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) guidelines for funds used to expand the facility. The most recent amendment was approved on January 13, 2004 extending the term of the lease to April 10, 2014 with an automatic renewal for an additional ten year term. In 2012, the Corpus Christi Area Council for the Deaf approached the Parks & Recreation Department regarding the possibility of amending the current lease to allow for a 3,750 square foot expansion of the Center and the associated increase for parking spaces. The expanded lease area will include approximately .677 acres of the park. Mt. Vernon Park was indentified in the 2012 Corpus Christi Parks and Recreation Master Plan as a park to be repurposed. The lease amendment is congruent with the department's efforts to create partnerships and /or identify alternate uses for the park. ALTERNATIVES: Do not approve the lease and negate plans to expand the Deaf and Hard of .Hearing Center. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council is required to approve all leases with terms of five years or more. EMERGENCY INON- EMERGENCY: This item requires at least a 28 day delay between the first and second reading. DEPARTMENTALCLEARANCES: Legal Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital XNot applicable Fiscal Year: 2012- 2013 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALANCE r unuks): Comments: There is no revenue associated with this item. RECOMMENDATION: Approve the amendment to the lease. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Survey of .677 acres of Mt. Vernon Park Ordinance finding that there is no feasible and prudent alternative to the expanded use from approximately 0.4 acres to 0.677 acres of Mt. Vernon Park located along 5100 block of McArdle Road by The Corpus Christi Area Council for the Deaf for the expansion and continued operation of The Corpus Christi Area Council for the Deaf, and determining that all reasonable planning has occurred to minimize harm to Mt. Vernon Park resulting from such use; and authorizing the City Manager or designee to execute a ten -year lease agreement with The Corpus Christi Area Council for the Deaf for expanded lease area of approximately .677. acres of Mt. Vernon Park, with one ten -year extension term. Whereas, The Corpus Christi Area Council for the Deaf currently has a lease with the City of Corpus Christi for approximately .4 acres out of Mt. Vernon Park, which is located along the 5100 block of McArdle Road; Whereas, The Corpus Christi Area Council for the Deaf desires to expand its operations from approximately .4 acres to .677 acres of Mt. Vernon Park; Whereas, Chapter 26 of the Texas Parks & Wildlife Code requires the City Council to hold a public hearing to determine if a feasible and prudent alternative exists prior to taking or using a- public park for a non -park purpose, such public hearing to be held after three weekly notices of the public hearing first published not less than 30 days prior to the public hearing; and Whereas, notices of the public hearing were published on Tuesday February 19, 2013, Tuesday February 26, 2013, and Tuesday March 5, 2013 in the Corpus Christi Caller - Times; and Whereas, City Council held a public hearing on March 12, 2013 to receive clearly enunciated locate preferences concerning the expanded lease of .677 acres of Mt. Vernon Park with The Corpus Christi Area Council for the Deaf at its regularly scheduled City Council meeting; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The facts set forth in the preamble of this ordinance are true. Section 2. That City Council followed the requirements of Chapter 26 of the Parks & Wildlife Code to determine if there was a feasible and prudent alternative to the expanded use of Mt. Vernon Park property for non -park purposes, in particular the expanded lease of the park property to The Corpus Christi Area Council for the Deaf. Section 3. That after conducting the public hearing, the City Council determines that there was no feasible and prudent alternative to the expanded lease of the Mt. Vernon Park property to The Corpus Christi Area Council for the Deaf. Section 4. That after conducting the public hearing the City Council determines that all reasonable planning has occurred to minimize the harm to the park resulting from the expanded use. Section 5. That the City Council considered clearly enunciated local preferences in making the findings that justify the approval of the lease to The Corpus Christi Area Council for the Deaf. Section S. That the City Manager or designee is authorized to execute a ten -year lease agreement with The Corpus Christi Area Council for the Deaf for the expanded lease area of approximately .677 acres of Mt. Vernon Park, with one ten -year extension term. 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 Nelda Martinez City Secretary Mayor WHL AS, the City, approved a lease amendment dated January 93, 2004 to extend the term t nflt'AprIl 1Q, bik.wdh an automatic renewal for aCh.additional ten:, year term, WHEREASE, the Lessee desires to expend its leased premises: -far new construction Sectlon 3. Purpose. Lessee shall operate 'tne Premises excl rsively for the following purpose and uses incidental ttlereta: To operate a pubic service. and recreation center (here "O* the Project) designed to primarily benefit the deaf and Hard of hearing persons of the community; Should Lessee over reiceive Co�tntinity .D6Veloprnent Bloch Grarxt. a. Funding subsequent to the effective date of this Lease,, fire following purpose shall apply' €o this lease `l'o fto # er the .primary objective pf'the Act as outlined in Federal Reglster 24MR 57[ 2ti0 'and to 'provide safe and sariita'ry public facilities for hartdlcapped Individuals. and to further provide additional services to help the ties €arid hearing impaired person :to llve:as Indev6ndently as pons ble in the hearing world and at all times m accordance with Housing and Urban Development's {HUD} Community Development Block Grant (CD. Bi } regulations. Page 3 of 13 . Lessee desires to construct new imam to add toy maritain, and operate i (hereinafter the Profet) designed to hearing persona of` `the community: improvements on the. Premises in improvements shall be: copstfucted' ire,; approved by the City Director of Park. Engineering Services. -Lessee shall N ar�caratior� ol'=- such- �i�rts ��ir1 �rir?�I and local per c, Lessee agrees that the en site work, architect's and 611: other coo to. related to a borne entirely- by Lessee. rosponsible for'any of the in connection with the con; Sectlioh 5. Furnishings.. Lessee shall be responsible for' furnishing 'and equipping the bUP I i �g and City` has no obligation to furnish any. equipment or f6mishrngs for Lessee. loll personal property furnished by` Lessee or donated by others bn behalf of Lessee shall remain :the. property. of Lessee unless specifically donatOld to City: Section 6. Maintenance and Utilities..` Lefte'01 agrees tp rnaintaln the Prerriises during the tetra of thl6 Lease in a mean and attractive appearance. Lessee shall be responsible for all casts of matntenance, utilities and the collection and removal of any trash or rubbish from the Leased Premises: Section 7. ©ufie$ at Termina #ion or Expirafion of lease. At the expiration of the term of this Lease, or any exiension thereof; Lessee shall release and deliver, unto the City the Premises and ,all facilities included thereon in reasonably sound oonditian, normal wear:and tearexcepted.. Lessee `may remove; at its; awn expense any supplies, furniture or equipment which are not classified as fixtures. and which maybe. removed without damaging the remoining im provementsa. Page 6 of 13 806W . n TO N.60--diediftninifflon polleyw Lessee agrees-that no changes in programs, plans orle schedules for activities at the promises facilities may be implemented WithoOffirot-bbtaining 1116 ,prior approval of t he. City Director of Park& and Recreation. Section 13. Insuralh.ce.. Lessee agrees to secure and maintain th"ghdut the term of this Lease, or any ..n tie e described on the attached extenslo., at Lessee.s VVense,. insurance e pollcle..s 0H urano EXhlbit. .The policies of.insurance shaliname the City as anadditiorral insured by their, terms and shall. -contain provisions that . they, cannot be cancelled; . to !a Pse,,Or materially changed Unless . . . ten (10)ARy Notice of shall been served. u po n the Director of Park Recre ation Lessee s hall PrO Mpt 1Y.PrOVIdO co les, of all Oblidies upon City's written reqUest, page 6 Of Section 17. Taxes, and other assessments. . . This Lea" Agreement ,popsCROWs,the enure agreement f et o n the parties Or any Id, may by ImpWr or this, Leage Pa 6:7 of IS on, behalf of the corporation. Af: Seall- Exp I r AV on Date, ATTEST., . . . ... .... Armando Chapa... C4 seattary. 1 by a ...4MURIVE. too" VN�,Ht ift rI."hbk,, date of IOU MW14 Z11t)(blF CORPUS CHRISTI ROOM L iOl.son: City Manager PARK MT. :Ur th(Q , SO,. UNIT 3 V 9, P. 84 (M,Ei.N.C.TJ ii�s propab, 8e. wIIMa zaw e. b[�1 wflhin 11� id6yearl9ooe P�iln. -: t.)Fft ... - - -- Lttaeasxrae. ,:..apmrra,�er.�w:e.�.�aonr.yr �t'r9 . ei.g.a�7y..o',nrmm.a.mwv�ams ,hw,. ,�� use.wgaa4r y.*dsuwmKl 4bvw9= �a:- - 0� �O�'.�J" Etl.} 9WtlYwwnafi (L)H uie,srekue Oatlwe.oemaiwrownoteKOvarvrke. l) FiCnd9 Tin .f►efatlfFlOtiddllfd+l. � DMr�.aae.tliiMaSapwaUyfiAa(' , uo .*eta n 'non,aaawwy. R A D U�,1. 8'. ..LrWOt.TMFRga7p[fjlr(da.. NQ�VALtDw17H4l1rOWN& . HOiE i11I$BVRY8Y19FORSH SQd�iJSI iHESVY1�ti:Fi12'GCMpAiIY ::::.. SN3MlUREMDpHIGIIWkk OUL l MbAn0A0ECONpANY: Wltp6TRRN8ACi40NA [#LY.N4WCPt[9eNA8- BW:H CAEA'P�D. pfpRE88EDOR WIPIIED; TO CE�Y7H�811[{V$Y. WF�CR.f&° YEIIDA�T�c( 9f�' ililgHll id 'PROfS'[118OATE.OPTHI88UtlYEY. .., :::iiLiY : °- FtaOS +adihnMuionot 8-wl8 ..:.. YlWyof�BFUta o13s7gi:�10.2P63: CREW. RB&DL VI iQu. 0-677' Ac. of The Public Park , Mt. Uernan ubdKrision l3nit opplam RVAOA_ Volume 19, Rags 84, �NI R N.QT.� OaIP' TAWS Corpus Ohdi i Nuekes County, Texas Er�ORDEP V,10 NEERING .-- �c (MF Si1REDj . ENtillifE '1CV[ LAW SRIFCYEIWNQ OW18149ENW66b V1, W, CORPUS CNRIM, TWS'7S4fQ VINYL NGE PA)f; W14st.1M ommeraial tiene r91 L:ial URV including: $1,000,000 Per Occurrence T 1. Commeretal Broad Form $2,000,000 Aggregate ..2. premises 0Peratlons 3. Products! Cornpleted Operations 4. Contractual Liability _ 5 [ndependent Cwtractors 6. Personal: - Injury- Adrrertising Injury AUTO LIABILITY (including ) ; 1$1,000,000 Corvibined Sinoem Lim, 1. Owned Leee Will b, rasponsibie any ss and all damage to property or equipment Property Coverage 1:0814d regardless if owned, rented, page 12 of 13 E. Within five (5) calendar days :of .a :susperisioni;, capoollation, -or noh renewal of coverage, Lessee shoal pmvile a replacement Certificate of insurance and applicable endorsements to Clty City shall hive the option to suspend Lessee's laerrormance should 'there be a lapse in coverage 'at.any ime during this conirac #. Failure to provide and to maintain the required insurances shall. constitute a material breach of this .contract.: y the City, may have upon Lessee`s failure to provide F. Ire addition to an other remedies and maintain any insurance or policy one . moments to the. exte and within the Elms herein required, the City shall have the right to order Lessee to stop worn hereunder; and/or withhold- any payment (s) which became d. ue to Lessee hereunder 'until lessee demonstrates corrfpliance with the requirements hereof. G. Nothing herein contained shall bie cflnstrueol as llmitlng in any way the extent, to which Lessee may be held resporrsttle for payments =of damages to persons or property resulting frorri Low,, or its suboonteactoes performance of the. work covered ,under this agreement, r AGENDA MEMORANDUM Public Hearing /First Reading Ordinance for the City Council Meeting of March 19, 2013 Second Reading for the City Council Meeting of March 26, 2013 DATE: January 30, 2013 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Director MarkVV @cctexas.com 361.826.3246 Amendment to the Unified Development Code ( "UDC ") by revising Article 8, Section 8.1, subsection 8.1.1, related to Authority regarding subdivisions located in the extraterritorial jurisdiction of the City CAPTION: Ordinance amending the Unified Development Code ("UDC") by revising Article 8, Section 8.1, subsection 8.1.1, related to Authority regarding subdivisions located in the extraterritorial jurisdiction of the City by adding language to incorporate Chapter II of the December 13, 2006 Nueces County Subdivision Regulations and Platting Requirements, which incorporate the Model Subdivision Rules as authorized by Chapter 364 of Title 31 of the Texas Administrative Code; providing for severance, penalties, and publication. PURPOSE: To amend the Unified Development Code to add the requirements and enforcement of the Model Subdivision Rules to plats and subdivision of land within the Extraterritorial jurisdiction of the City of Corpus Christi. BACKGROUND AND FINDINGS: On May 28, 2003, the City of Corpus Christi and Nueces County executed an interlocal agreement relating to the approval of plats within the extraterritorial jurisdiction (ETJ) of the City of Corpus Christi. The agreement delegated the authority to administer the provisions of Chapter 232 of the Texas Administrative Code within the City of Corpus Christi's ETJ located with Nueces County. The agreement required the preparation of an Appendix A that identified the most stringent requirements required by either jurisdiction. On October 19, 2004, the agreement was amended by revising Appendix A. The only substantive changes that were made dealt with the procedures to be followed when processing plats. On December 13, 2006, Nueces County Subdivision Regulations and Platting Requirements became effective. Chapter II of the regulation includes Model Subdivision rules that comply with Section 16.350, Texas Water Code. The purpose of this chapter is to ensure that adequate water and wastewater facilities are provided to subdivisions within the jurisdiction of Nueces County. Key elements include: 1. Minimum standards to water and wastewater facilities. 2. The requirement for the facilities to be constructed or for the developer to provide a financial guarantee for the improvements. 3. It allows the Attorney General, the District Attorney, or County attorney to enforce the provisions. Section V., B. of the interlocal agreement states that if the municipal regulation or the county regulation relating to plats and the subdivision of land conflict, the more stringent regulation applies. In this case, Chapter 11 of Nueces County's Subdivision Regulations and Platting Requirements is more stringent than the Unified Development Code and is enforceable under the interlocal agreement; however, it is the opinion of the Attorney General's office that the City of Corpus Christi needs to specifically adopt these provisions in order to enforce the provisions within the ETJ. The ordinance provided addresses this issue. ALTERNATIVES: Disapproval of the proposed text amendment OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Amendments to the UDC to ensure compliance improve the quality and effectiveness of the code. EMERGENCY 1 NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal Nueces County Judge and staff 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 Tuna fsy: Comments: RECOMMENDATION: The Planning Commission and staff recommend approval of the ordinance_ LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Unified Development Code ( "UDC ") by revising Article 8, Section 8.1, subsection 8.1.1, entitled "Authority," by adding language to incorporate Chapter II of the December 13, 2006, Nueces County Subdivision Regulations and Platting Requirements, which incorporate the Model Subdivision Rules as authorized by Chapter 364, Title 31, Texas Administrative Code; 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, March 13, 2013, during a meeting of the Planning Commission, and on Tuesday, March 19, 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 8.1.1. of the Unified Development Code ( "UDC "), entitled "Authority," is amended by revising the text to read as follows: "Article 8. Subdivision Design and Improvements. 1.1 General Provisions "8.1.1. Authority "The provisions of this Chapter are adopted pursuant to Texas Local Government Code Chapters 211 and 212. Subdivisions located in whole or in part in the portion of the ETJ of the City shall be subject to an interlocal agreement under Texas Local Government Code Chapter 242TL and Chapter II of the December 13 2006 Nueces County Subdivision Regulations and Platting Requirements, which incorporate the Model Subdivision Rules as authorized by Chapter 364 Title 31, Texas Administrative Code, as it may be amended Page 1 of 3 from time to time. In cases of conflict the more stringent regulation shall apply." 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 ppblication 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 , 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 Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Page 2 of 3 PASSED AND APPROVED this the day of , 2013. ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Page 3 of 3 DATE: March 1, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 Action Item for the City Council Meeting of March 26, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles; P.E., Director of Engineering Services DanB @cctexas_com (361) 826 -3729 Execute Construction Contract and Construction Materials Testing Contract Yorktown Boulevard Phase 2 from Cimarron Boulevard to Rodd Field Road Bond issue 2012 CAPTION: Motion authorizing the City Manager or designee to execute a Construction Contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $6,373,769.00 and to execute a Construction Materials Testing Contract with Rock Engineering & Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $84,201.00 for Yorktown Boulevard Phase 2 from Cimarron Boulevard to Rodd Field Road for the Base Bid plus Additive Alternate No. 1 and 2 BOND ISSUE 2012 (Proposition No. 1 Street Projects). PURPOSE: The purpose of this Agenda Item is to execute the construction contract and testing contract for Yorktown Boulevard Phase 2 from Cimarron Boulevard to Rodd Field Road so work may proceed. BACKGROUND AND FINDINGS: The project consists of the compete removal of an existing rural roadway and construction of approximately 5,205 linear feet of four -lane divided arterial street with concrete sidewalks and associated pavement marking and signage improvements; along with 6,182 linear feet of storm water conduit improvements, 1,603 linear feet of waterline improvements, street lighting improvements, landscape and irrigation improvements, and temporary traffic control. Additive Alternate No. 1 consists of installing PVC electrical conduit for future Municipal Information System lines. (MIS). Additive Alternate No. 2 consists of constructing concrete pavement pads and pedestrian landing for Regional Transportation Authority (RTA) bus stops. Additive Alternate No. 2 is pending RTA participation in project. Adjacent to the subject project is the pending project for improvements at the Yorktown Boulevard and Rodd Field Road intersection. The intersection will be designed and constructed separate from the subject project. On February 20, 2013, the City received proposals from three bidders. The bidders and their respective bids for the Base Bid plus Additive Alternate No. 1 and 2 are as follows: Contractor Base Bid Additive Additive Base Bid Plus Alternate No. 1 Alternate No. 2 Additive Alternate No. I & 2 Bay Ltd. Corpus Christi, Texas $6,300,162.00 $52,957.00 $20,650.00 $6,373,769.00 Haas- Anderson Construction, Ltd. $6,965,117.95 $44,597.50 $36,433.00 $7,046,148.45 Corpus Christi, Texas Salinas Construction Technologies, Ltd. $7,674,499.53 $36,504.37. $48,980.80 $7,759,984.70 Pleasanton, Texas ALTERNATIVES: 1. Execute the construction contract as recommended. 2. Do not execute the construction contract. OTHER CONSIDERATIONS: The City's Engineer, Freese and Nichols, Inc., conducted a bid analysis of the three proposals submitted -to the City. The lowest bidder based on the Total Base Bid plus Additive Alternate No. 1 and 2 is Bay, Ltd. of Corpus Christi, Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, Bay, Ltd. has the experience and resources to complete the project. This project is of the Bond Issue 2012 Proposition No. 1 Street Projects approved by the community in the general election held on November 6, 2012. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; FY 2012 -2013 Street Capital Improvement Planning (CIP) Budget EMERGENCY I NON-EMERGENCY: Non- Emergency DEPARTMENTAL CLEARANCES: Storm Water Department Water Department MIS Department FINANCIAL IMPACT: 15Z]Oneratina n RevenEjP ISC[Canital M Alnt nnnlir -fahln ruliuts): oueei tsona Issue zu-lz ana utilities ulv,•tiona lssue 2=3, MIS Operating Comments: This project requires approximately 425 calendar days with anticipated completion July 2014. The construction contract will result in the expenditure of an amount not to exceed $6,373,769.00. This amount will be funded over two years, with FY 13 funding in the amount of $4,340,329.05 and FY14 funding will be required in the amount of $2,033,439.95 to complete the construction contract. RECOMMENDATION: City Staff recommends approval of the motion for the construction contract with Bay, Ltd. and the testing contract with Rock Engineering & Testing Laboratory, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Construction Materials Testing Contract Project to Fiscal Year (2012 -2013) Date Current Year Future Years TOTALS Expenditures (CIP only) Line Item Budget $675,100.00 $4,521,900.00 $3,965,000.00 $9,162,000.00 Bond 2012 Street Lighting) $94,680.00 $94,680.00 Bond 2008 $275,000.00 $275,000.00 MIS Operating $52,957.00 $52,957.00 Encumbered 1 Expended Amount $675,100.00 $675,100.00 This Item (Construction) $4,340,329.05 $2,033,439.95 $6,373,769.00 This Item (Testing) $84,201.00 $84,201.00 Future Anticipated Expenditures This Pmject .$520,006.95 $1,108,895.05 $1,628,902.00 BALANCE $0.00 $0.00 $822,665.00 $822,665.00 ruliuts): oueei tsona Issue zu-lz ana utilities ulv,•tiona lssue 2=3, MIS Operating Comments: This project requires approximately 425 calendar days with anticipated completion July 2014. The construction contract will result in the expenditure of an amount not to exceed $6,373,769.00. This amount will be funded over two years, with FY 13 funding in the amount of $4,340,329.05 and FY14 funding will be required in the amount of $2,033,439.95 to complete the construction contract. RECOMMENDATION: City Staff recommends approval of the motion for the construction contract with Bay, Ltd. and the testing contract with Rock Engineering & Testing Laboratory, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Construction Materials Testing Contract PROJECT BUDGET ESTIMATE Yorktown Boulevard Phase 2 from Cimarron Boulevard to Rodd Field Road Bond Issue 2012 PROJECT FUNDS AVAILABLE: BondIssue 2004 ................................................... ......................... .. ... . . .. $675,100.00 BondIssue 2008 ....... .......................... .. ................... .................... ... .. ...... 275,000.00 Bond Issue 2012 (Street Lighting Improvements) .............. ............................... 34,680.00 Bond Issue 2012---... ............................................................. .. ... . . . . .. ..... 0 00.00 38 00 Water CIP ... ............................... ....... ......I...... ............ .. 687,900.00 Stormwater CIP ................................. ..................... .......... , 3 186 800 00 Wastewater CIP ................................ ........ ....... .... ............ , . 812 200 oa MIS Operating.. ................................. ............................ 52,957.00. � Total Utilities ............................................................................................ _ .. 4 739 857.00 PROJECT TOTAL ................... :.................................................................. $9,584,637.00 FUNDS REQUIRED: Construction(Bay, Ltd.) ........... ............................... .................................... $6,373,769.00 Contingencies( 10%)......• ................... ............................... .............I........ 637,376.00 Consultant Fees: Engineer (Freese and Nichols, Inc.)* .............................. ............................... 670,063.00 Geotechnical Testing (Rock Engineering) ....................... ............................... 18,100.00 Construction Materials Testing (Rock Engineering) ........... ............................... 84 201.00 Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin ) ............................. 143,769.00 Engineering Services (Project MgttConstr MgtfTraffic Mgt) . ............................... 766,771.00 Finance.................................................................... ............................... 47,923.00 Misc. (Printing, Advertising, etc.) ..................................... ................ .... ........ .. 20,000.00 TOTAL..................................................................... .............. ........... . . .... $8,761,972.00 ESTIMATED PROJECT BUDGET BALANCE ................. ............................... $822,665.00 *Contract awarded to proceed with Phase 2 or August 17, 2010 to Freese and Nichols, Inc. by Motion M2010 -189. Construction Observation Services are not included in Contract. YORKTOWN BOULEVARD PHASE 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST!, TEXAS FROM CIMARRON TO RODD FIELD ROAD DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 — — c ................. AGREEMENT for Construction Matenals Testing and Eing neering Serv►c as This AGREEMENT is 'between the 1 i csf corpus Christi. Texas; a Texas home municipal ccxrparatlon (,CITY"), acting threugh its duly authorized City: Manager or designee t "City Engineer».j, and ROCK ENGINEERING & TESTING LABORATORY ING a Texas corporation or partnership °LAB ") . acting through its duly authorized "reprasentat1ve who is Curtis.A. I�oc B �siness Development Mana er . w ich :agree as follows' 1. DECLARATIONS: "CITY" desires to engage, "LAB" .to provide services in connection with Citys project, described as follows. Yorktown Boulevard: Phase 2 from'Cimarron Boulevard to- Rodd Field_ Road: BOND ISSUE 2012 CProlect Nor. Elb1WOPRO.IECT" 2., SCOPE OF WORK. "LAB" shall provide services to the PROJECT in accordance" with the. accompanying Scope of Services and 1=ee Schedule attached, as "�chibit ;A" and the 'Terms and. Conditions to AGREEMENT attached as "Exhibit B" 3. FEE:: The "CITY' agrees to, pay the "LAB" for . services, provided in accordanca With Exhibit. "K,. Scope "of Services and Fee Schedule, under this AGREEMENT, a total fee not to exceed $94,201.00 EI' h , Four Thousand Two Hlurzdred Line Dollars and Zero Cents; 4 INDEMNIFICATION AND HOLD HARMLESS.: Tha Cbnsultant .agrees to indemnify, save harmless and defend the City of Carpus Christi, and: its agents, servants, and:ernployees as more fully set: forth in ".Exhibit a', 51 CITY'S DISCLOSURE OF HAZARDOUS ;& TOXIC MATERIALS: AND CONDITIONS <AT THE" PROJECT SITE. To the best of the City`s knowledge based upon currently available information, the only Hazardous or toxic materials, as defined by the laws and regulations of 'the Federal government the state, and city which exist at the PR0 ECT SITE are as follows: None. CITY OF CORPUS CHRISTI Oscar R. Martinez, (pate) Assistant City Manager RECOMMENDED Daniel tiles, :P E. (F�afej Director of Engineering Services. AePPROVED AS`' 0 FORM RQ ENG IN RI G $i T STING LABORATORY Qffice of Management Pate) and Budget Project N E10100 � Fund Source No.;o5092W549- 00108- E10100 Fund Name Street 2fl'f3 GQ C!P Bored 2012 Eat du mbrance,No. t KAENGINEERING DATAEXa iANOE1VEU4AP1STF M- RE10idtYOIIkTOV&PH2'FROMbIHIA AORTORO© D'FiELIATFr Tll4G(CONMUC1TDNMATrRms T.WrING ROCK ENGINEERING.DO r February. 27; 2013 City of Corpus: Christi P 0.: Box 9277 Carpus Christi, Texas 78401 Attn: 'Mr:.©ah Exiles, P. E. = i]irectar of'Engineer ng SUBJECT: ESTIMATED TESTI..NB SUQGET FOR THE PROPOSED Yorktown B.oulevaid Phase 2 (Cimairron Blvd to Rodd Field) City Project No.: El 0100 Corpus Christi, Texas ■ aw"W-0pa t7:.ciIGIU 1 W:. K—W&L 1 I-ar% F%cy.,.. i.. Dear.Mr. Bites, Rack engineering and Testing Laborato inc RETL 9 g � �1', i 7 (TSPE Firm. No. ;2'101 J s; pleased to far;:, selected to perform the-requited Construction Materials Testing for the above referenced project. The Estimated Construction Materials Testing. Budget for the Base Bid is $83;911.00. 'there' is no testing required for Add. Alt., #1 and Arid. Alt. No; 42 is an additional $290.0O We. understand that we have been chosen to provide these: services for this .publicly, funded project. Therefore; by providing cost information we are not in vioiattan of the Texas Pr. fessicnal'Sery des Procurement Act. Tire: estirtiated construction materials-. testing budget is based on a review of' tt a infatmation, provided to RETL..An estimated breakdown of field. and laboratory testing required is included as'ani atfachmopt. Please make note that the actual fees ;invoiced for this project wilt be based on the actual testing performed. The, total fee assessed will be dependent :on the; contractor's construction techniques, number of trips made to the jobsite, >elapsed time from technician arrival to commencement of testing activities, and anytime the techniclari `is required to be on site hut. not performing tasting activities'. Please be advised that., weekend Technician tune will be invoiced portal to portal at..an. additional: rate. of $31 elf :per hour. RETL appreciates your consideration of our 0rm to assist you during the:: ::co truc6' phase of your project., if you agree. with this proposal, please sign the attached Laboratory Testing Services Agreement; submit the Distribution List and 'provide brlling information, Please do not hesitate to contact me at (361 ) 803 -4555 if you have any quesfions regarding tine proposal or would like to discuss further. Date: February 27, 2413 Project Name: Yorktown Blvd. Phew 2 (Cimarron Blvd. to Rodd Field) City PrajectNo.: E10100 Contact: Mr. Dan Hiles, P.E. - Director of Engineering Contact Information: City of Corpus Christi EXHIBIT "A" Page 2 of 7 Test Omit& Unit Fee Fee PARKING &PAVE Subgmde Description: 12" Compact Subgrade Sample Charge $57.00 $57.00 Square Yardage: 39,723 Proctor Type: Standard 1 $215.00 $215.00 Test Frequency: Per 200 LF Lane/Lift 115 $44.00 $5,060.00 Paving section Base Description: 10 ":Crushed Limestone Flexible Base Sample Charge $57.00 $114.00. Square Yardage: 39,723 Proctor Type: Modified 2 $253.00 $506.00 Test Frequency: Per 200 LF Lane/Lift 115 $44.00 $5,060.00 Additional Test: Atterberg Limits and Gradation 2 $188.00 $376.00 Additional Test: LA Abrasion Loss 2 $321.00 $642.00 Additional Test: Wet Ball Mill Test 2 $32I.00 $642.00 HMAC Description: 5" HMAC Pavement (Type B) Base Course Sample Charge $57.00 $1,083.00 Square Yardage: 39,723 Tonage: 9,2I6 Full Series Freq.: 1 every 500 Tons 19 $616.00 $11,704.00 Cored in Place Freq.: 1 every 1,000 LF of Street 5 $99.00 $495.00 HMAC Description: 2" HMAC Pavement (Type D) Base Course Sample Charge $57.00 $513.00 Square Yardage: 39,723 Tonage: 4,370 Full Series Freq.: 1 every 500 Tons 9 5616.00 $5,544.00 Cored in Place Freq.: 1 every 1,000 LF of Street 5 599.00 $495.00 Driveway Description: 6" Concrete Driveway Square Footage: 11,965 Density Frequency: 2 per Driveway 10 $44.00 $444.00 Concrete Set Size: Concrete Cylinders (set of 4) 5 $176.00 $880.00 Test Schedule: 1 @ 7 days & 3 @ 28 days Concrete Strength: 3000 PSI Test Frequency: Iset every 2,500 SF STORM WA'T'ER DRAINAGE IMPROVEMENTS Initial Backfill Sample Charge $57.00 $57.00 Proctor Type: Standard 1 $215.00 $215.00 Final BackfilI Sample Charge $57.00 $57.00 Proctor Type: Standard 1 $215.00 $215.00 Additional Test: Atterberg Limits and Gradation 1 $188.00 5188.00 Stormwater Line Description: 18" Dia. - 72" Dia. RCP Line Length (LF): 5,664 I45 $44.00 $6,380.00 Test Frequency: I every 200 LF per 12" Interval Number of Lifts: 5 EXHIBIT "A" Page 2 of 7 EXHIBIT "A" Pa o3of7 Date: February 27, 2013 Project Name: Yorktown Blvd. Phase 2 (Cimarron Blvd. to Rodd Field City Project No.: EI0100 Contact: Mr. Dan Biles, P.E. - Director of Engineering Contact Information: City of Corpus Christi T_ est Ouantity Unit Fee Fee Culvert Description: Pretest Concrete Box Culvert Box Length (LF): 502 12 $44.00 $528.00 Test Frequency: I every 200 LF per 12" Interval Number of Lifts: 4 Inlets Number of Inlets: 37 Set Size: Concrete Cylinders (set of 4) 7 $176.00 $1,232.00 Test Schedule: I @ 7 days & 3 @ 28 days . . Test Frequency: 1 set every 6 items Manholes Number of Manholes: 19 Set Size: Concrete Cylinders (set of 4) 10 $176.00 $1,760.00 Test Schedule: 1 @ 7 days & 3 @ 29 days. Test Frequency: 1 set every 3 items Junction Box 1 set every 2 items Number of Junction Box: I Set Size: Concrete Cylinders (set of 4)„ : 1 $176.00 $176.00 Test Schedule: 1 @ 7 days & 3 @28 days Test Frequency: 1 set Bar Ditches Description: Backfill Existing Bar Ditches Linear Footage: 7,946 80 544.00 $3,520.00 Density Frequency: 1 every 200 LF per 12" Interval Number of Lifts: 2 Rip Rap Description: 5" Concrete Ripmp Square Footage: 450 Set Size: Concrete Cylinders (set of4) 1 $I76.00 $176.00 Test Schedule: I @ 7 days & 3 @28 days Test Frequency: I set Head Wall Description: Modify Existing Head Wall at Beer Creek Set Size: Concrete Cylinders (set of 4) l $176.00 $176.00 Test Schedule: 1 @ 7 days & 3 @28 days Test Frequency: 1 set Curb and Gutter Description: 6" Concrete Curb & Gutter (Catch Curb) Linear Footage: 9,500 Density Frequency: I every 200 LF (Under & Behind Curb) 96 $44.00 54,224.00 Concrete Set Size: Concrete Cylinders (set of 4) Test Schedule: I @ 7 days & 3 @28 days 19 5176.00 $3,344.00 Test Frequency: I every 500 LF EXHIBIT "A" Pa o3of7 Date: February 27, 2013 Pmject Name: Yorktown Blvd. Phase 2 (Cimarron Blvd. to Rodd Field) City Project No.; E10100 Contact: Mr. Dan Biles, P.E. - Director of Engineering Contact Information: City ofCorpus Christi Curb and Gutter Description: 6" Concrete Curb & Gutter (Reverse & Header Curb) Linear Footage: 9,225 Density Frequency: 1 every 200 LF (tinder & Bebind Curb) 94 Concrete 1,871 Set Size: Concrete Cylinders (set of 4) Test Schedule: 1 c@ 7 days & 3 (Qa 28 days 19 Test Frequency: 1 every 500 LF Sidewalk Fire Hydrants Description: Replace Concrete Sidewalk Square Footage: 100 Density Frequency: leper 5,000 SF at Subgrade I Concrete 2. Set Size: Concrete Cylinders (set of 4) Test Schedule: 1 @ 7 days & 3 @ 28 days 1 Test Frequency: 1 every 500 LF WATER DISTRIBUTION IMPROVEMENTS Initial Ball Proctor Type: Standard (Same as Storm Water Drainage Improvements Final Backfill Description: Unit Fee EM $44.00 $4,136.00 $176.00 $3,344.00 $44.00 $44.00 $176.00 $176.00 Proctor Type: Standard (Same as Storm Water Drainage Improvements Additional Test Atterberg Limits and Gradation (Same as Storm Water Drainage Improvements) Water $57.00 5215,00 Line Description: 6 ", 8" & 12" Water Line $132.00 Line Length (LF).* 1,871 Test Frequency: I every 200 LF per 12" Interval 30 Number of Lifts: 3 Fire Hydrants 1 every 200 LF Number of Fire Hydrants: 6 Set Size: Concrete Cylinders (set of 4) 2. Test Schedule: I @ 7 days & 3 @28 days Test Frequency: 1 set every 3 items BILL WITT PART{ ENTRANCE Subgrade Description: 12" Compact Subgrade Sample Charge Square Yardage: 788 Proctor Type: Standard 1 Test Frequency: Per 200 LF Lane/Lift 3 Paving Section Base Description: 6" & 8" Crushed Limestone Flexible Base Sample Charge Squared Yardage: 788 Proctor Type: Modified 1 Test Frequency: Per 200 LF Lane/Lift 3 Additional Test: Atterberg Limits and Gradation I Additional Test: LA Abrasion Loss I EXHIBIT "A" Pa e4of7 $44.00 $1,320.00 $176.00 $352.00 $57.00 $57.00 5215,00 $215.00 $44.00 $132.00 $57.00 $57.00 $253.00 $253.00 $44.00 $132.00 $188.00 $188.00 $321.00 $321.00 Date: February 27, 2013 Project Name: Yorktown Blvd. Phase 2 (Cimarron Blvd. to Rodd Field) City Project No.: 1310100 Contact: Mr. Dan Biles, P.E. - Director of Engineering Contact Information: City of Corpus Christi EXHIBIT "A" Page 5 of 7 Test Quantity Unit F Fee HMAC Description: 2° HMAC Pavement Sample Charge $57.00 557.00 Square Yardage: 381 Tonage: 42 Full Series Freq.: 1 every 500 Tons 1 $616.00 $6I6.00 Cored in Place Freq.: 1 every 1,000 LF of Street 1 $99.00 $99.00 Concrete Description: 6" Concrete Pavement Cubic Yards: 22 Set Size: Concrete Beams (set of 4) 2 $272.00 $544.00 Test Schedule: I @ 7 days & 3 @ 28 days Test Frequency: I set per Day's Pour Additional Test: Air Content 2 $15.00 $30.00 Curb and Gutter Description: 6" Concrete Header Curb Linear Footage: 140 2 $44.00 $88.00 Density Frequency: 1 every 200 LF (Under & Behind Curb) Concrete Set Size: Concrete Cylinders (set of 4) Test Schedule: 1 @7 days & 3 @ 28 days 1 $176.00 $176.00 Test Frequency: 1 every 500 LF ADA PEDESTRAIN IMPROVEMENTS Sidewalk Description: 4" Concrete Sidewalk Square Footage: 43,555 Density Frequency: 1 per 5,000 SF at Subgrade 9 $44.00 $396.00 Concrete Set Size: Concrete Cylinders (set of 4) 11 $176.00 $1,936.00 Test Schedule: 1 Q 7 days & 3 Q 28 days Test Frequency: I set every 4,000 SF Ramp Description: Concrete Curb Ramp Square Footage: 585 Set Size: Concrete Cylinders (set of 4) 1 $176.00 $176.00 Test Schedule: l a@ 7 days & 3 @ 28 days Test Frequency: 1 set every 4,000 SF Curb and Gutter Description: Concrete Sidewalk Retaining Curb (18" Max. Height) Linear Footage: 300 Density Frequency: 1 every 200 LF (Cinder & Behind Curb) 4 $44.00 $176.00 Concrete Set Size: Concrete Cylinders (set of 4) Test Schedule: I Q 7 days & 3 @ 28 days 1 $176.00 $176.00 Test Frequency: 1 every 500 LF EXHIBIT "A" Page 5 of 7 Date: February 27, 2013 Nroject Name: Yorktown Blvd. Phase 2 (Cimarron Blvd. to Rodd Field) City Project No.: E10100 Contact: Mr. Dan Biles, P.E. - Director of Engineering Contact Information: City of Corpus Christi STREET LIGHTING IMPROVEMENTS (NO TESTING REQUIRED) Test Quantity Unit Fee Fee CYLINDER PICK -UP FEES 45 $43.00 $1,935.00 TRANSPORTATION FEES Location: Corpus Christi, Texas 236 $45.00 $10,620.00 ADMINISTRATION FEES (1 Time Fee Per Project) 1 $85.00 $85.00 ESTIMATED TOTAL $83,911.00 'This is only an estimate. Please make note that the actual fees Invoiced for this project will be based on the actual testing performed, The total file assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from techniciao arrival to commencement of testing activities, and any time the technician is required to be on -site but not performing testing activities. EXHIBIT "M Page 6 of 7 lbateh V6.bruary. 17, 201'3 PipjecifName: YoMown-Blvd. Phase I (Cimarron Blvd. to RodaField) city"Finject Na: E1.0100 Contact Mr.,Oaa Biles,'M 7 Oizectar :of Engineenng Contact WhTmatiow Qt y of corpus Cliff w Test Ouariti Unit Fee AAMMAMRNATE NO- I -WUAWAL'CONDUIT FOR MURE NLL.S.,; (NOT9STINGREQUMED) ADDITIVE ALTE Rif ATE: PTO: 2-RTA BUS :S.TQP::PLDS Fee; P4*8 Sectiot Base I?escripdow. 10 "! .Cr skied :Limestone Flexible Base Square Yardage; 20 Proctor'. Type, Modifi . as Street Iniprovements) TeA, Frequenoy; Per 266 LF Lane/Lift 3 $44.00 -$15100 Additional Test:. AtLerbetg Limits and Gradation (Same as Street Improvements) Additional Test-.: LA Abrasion Loss (Same as Street ImprovernentS) Base Description: T!. Qbushe.d Limestone Flexible Base Square Yardage- 788 froGtor Type: ModifiOd (Same as Suret lmprovemertts) Test Fm4uenW Per 2, LF Lane/Lift 3. S44 Q(1 $132.00 Additional Test: Atterberg VARfs and Gradation (Satre tS Street ItrDrOements) Additional.Test: LA Abrasion Loss (Same as Street 440*aments) Z Deseription- X & 57ILMAC Pavement (Not Required).,: Sample Charge $57.00 S$7:0:0 .Square Yardage- UI T6nage. 42. Full SeriesEreq.: 1: every'3-00 Tons 1 $616.00 46M.00 Cored: in Place-Freq.. 1 every IPOO LF of Street .1 199.00 $9 9..60 Concrete Description - Cubits Yard&-. Set Size: Test,Sehodule- TestTrequoncy- Additional Test Sidewalk Description. Square Tootage: Test Schedule: Test Frequency: Landing Description: Square Footage: Set Size: Tjest`SchedW.e- Test Frequency- Ad6tional T .9" Concrete Pavement 40 Concrete.Bea.rns;:.(set of 4) 1 $272.00 $272.09, 1 g'7 days & a.'g 28 days I Set every 50 CY Air Content 4" Coheirle SideW...vA (Not Required) .3.00 :C6,&.nJM CYlinderS (set d4) 1. S176.6b 5176.06 I @Tdays & 3 @ 28 days I set eVery, 4,000 SF 5" Concrek Landing 60.0 Concrete BeWhs.(sdt-of 4) 1 5272.00 ..2. $72.00 1 @ 7 djys.&-:3: @:29 days I set every 4,000. SF Air t6atent 1 $1 �'oo :$100 TOTAL .ADD.ITIVE ALTERNATE I !AW -NO .2 $2►0.00 EXHI page 7 Of 7 TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB" will: 1.1 Provide only those services requested, by "CITY ENGINEER" that, in the opinion of "LAB ", fie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the "CITY ENGINEER." 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the :'C!TY ENGINEER ", or his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contractor proposes to use which require testing; together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the "CITY ENGINEER ". 1.6 Retain records relating to services performed for "CITY" for a period of two years following submission of any reports, during which period the records will be made available to the "CITY" at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by "LAB". 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stared. 2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by "LAB" when it appears that materials tested or inspected are in non- compliance_ Only the "CITY ENGINEER" or his designated representative have authority to transmit instructions, receive information and data, interpret and define the CITY's policies and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concern ing THE PROJECT. 2.4 Advise "LAB" sufficiently in advance of any operations so as to allow for assignment of personnel by "LAB" for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. EXHIBIT "B" Page 1 of 3 2.6 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: (a) Stop work at the appropriate times for "LAB" to perform contracted services; (b) Furnish such labor and all facilities needed by "LAB" to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests; (c) Provide and maintain for use of "LAB" adequate space at THE PROJECT for safe storage and proper curing of test specimens which must remain on THE PROJECT site prior to, during, and up to 60 days after testing_ ARTICLE 3. GENERAL CONDITIONS 3.1 "LAB ", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by custom or contract, are vested in THE-PROJECT arohitects,.design engineers, or any other design agencies or authorities. .- 1. 3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAB" does not have the right of rejection or the right to stop the work_ "CITY ENGINEER" will direct THE PROJECT contractor to stop work at appropriate times for "LAB" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITE "'.and "LAB" agree that "LAB" will be on -site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume -responsibility for PROJECT Contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications_ For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that "LAB" is approving placement of materials. Inspection is not and should not be construed to be a warranty by "LAB" to the "CITY" or any other party. 4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of the "LAB ". "LAB" will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non- hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY". "CITY" agrees to accept such samples and samples containers. ARTICLE S. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports_ "LAB" will not be responsible for the interpretation or use by others of data developed by "LAB ". ARTICLE B. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECTS general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for EXHIBIT "E,]' Page 2 of 3 compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of "LAB" in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the PROJECTS general contractor's safety measures in, on, or near THE PROJECT site. ARTICLE 7. INVOICES AND PAYMENT "LAB" will submit progress invoices to "CITY ENGINEER" monthly and final invoice upon completion of services. Each invoice is due and payable by "CITY" within 30 days of receipt and approval to pay by the City Engineer. ARTICLE 8. EXTENT OF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CITY" and "LAB" and supersedes all prior negotiation, representations or agreements, written or oral. This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LAB ". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8.2 In the event that any one or more of the provisions contained in this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AGREEMENT. No waiver of any default will be a waiver of any future default. 8.3 Neither party will assign. this AGREEMENT without the express written approval of the other, but "LAB" may subcontract laboratory procedures as "LAB" deems necessary to meet the obligations of this AGREEMENT. EXHIBIT "B" Pa e3of3 Exhibit "C" Mandatory Requirements (Revised November, 2005) INDEMNIFICATION AND HOLD HARMLESS Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and Its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulfing from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. Theforegoing indemnity shall apply except if such injury, death or damage is caused by the sole .-or noncurrent .negligence of the City of Corpus Christi, its agents,, servants, or employees or any other person indemnified hereunder. EXHIBIT "C" page 1 of 1 SUPPIAER NUMBER TO W ASSIG?IUM �...."�. CITY Of CQR rVS CHRIS'T'I chnol DISCLOSURE OF. INTEREST COMPA t AMA ` OOk tki Inc. P. 0. Brix. STREET ADDRESS: 6 i 71.64% : Surd cm 4p �.. hristi Z ;' f 1.: i . Corporative I Fstrt rship 3: laic 0 ����° Name U Job "rice ate: City, epvrt���t Or known). FILING REQUIREMENTS If a person who requmsta ofitcial action on a matter knows that the requested action will confer an ecottomla benefit on my City official or employee that is distinguishable from tits cfi'oct that the mctiott will hmve on members ofdw public in, I or a substantial segment thereof, you shall disclose that fact in a signed writing to the Cs official, ampoloyce or body first has been requested m act in the matter, unless the interest of the City, , cal or etnploye'c in rite matter is pp The disclosure shall also be made in a signed writing tiled with the City Secretary. [aEdticsOrdinance Section 2-349 (d)] CERTIFICATION I certif� all information provided is five and correct as of the date of this statement, that I have not ngly withheld disclosure of any information res�uested; and that suppkttwaal tents *111 W promptly submitted to the City of Capes Chrisit, Texas as changes occur. Certifying Person: curb's f -VocK Titles .ts� rses (ryes x Prlalt Perpmo'tare of Certifying O ,�i i►L Date: 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 ef%ct on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof c. "Empbyee." 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, whetter 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 cannery, joint venture, receivership or trust. and entities which for purposes of taxation are treated as noa-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." i qpl or equitable interest, whether actually or consnuctivety held, in a firm. including when such interest is held through an agent, trust, estate, or holding entity. "Ctively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consuhant." Any person or firm, such as engineers and architects, hired by the City of Carpus Christi for the purpose of professional consultation and recommendatioo_ N M 0 Piz NMI f� w � o o � po �o � u r m .o � +, o � N a� � V rV �-I 0 A §� \. ate. �� o L�2& LO \/" �k /•w� :� m� \\ LO CL 4. z. OA ra W 'Z cn c L r 0 u G Ch -� o C U LU U CA r- 0-1— C. C, " Q.) _U 0 U rl=i U 0 (D V U CL 4. z. OA ra W r 0 CO O -� i O CA r- 0-1— C. C, " _U 0 U 0 (D Lo C%4 N N ct) (D a) v— C) ti C\j U) -r— o M -0 C) (1) C-4 a) o -6, co m c L..- C) C) C) 0. C) C) I C) i C) CD (Di 0 C) 0 C) i 0 C) CD 0 1 C� a; i '- D, in C) m N C) l 6 C)- M C0 co w! >, �o C) OD 0 co� (0 09V I- (0 0) (0! O� CD C) 00 CD I,-: m CD; • C) C) Lo L6. m 6 C6 i co 00! ot-6- (0- C\f; H (D N ",Il - Lo' CD 0) r� N 'r 61!)- A - W tdi[ C6, CD I m C6 6% ol C) C) c): CD C) f 0 C) C) t- O� C) CX Lf) AEU (7) bo C,4 j 0) M MIT-; U-) M§ clii LL o 4.1 :L 0 oc a) a) C C zj Ni >5 -J, 0 a) (D W; 0 w (D ol lo (n 0, c o 9z to 0 i ml C/) LU -il �R r- Of Z NJ- 00 C\l C\1 (D t (Al i (1) 00 F-1 (01 : 1 -0. C4 cy (L U. VDU 0 1 & C\l C141 CN: N LL ml F= i .1 L- ui! Lu a) 12 F- (1)'(p� a) (1) C� as a) I o! LU 1 (-) , LL C) :31 W = C\l Ch U) 01 (D. ; w Q: D! Lul I Cni 0 0� ia ol z mi U) 0. 0 0 0 01 oi 0 (Di Oi 1 0 (D CO 0 zOio Lij (L col m ca coo (on 0-1 U- C), i LU 0 c rm cm , 0 C u uj U -4—j u u 0 PL� C) C) C) 0. C) C) I C) i C) CD (Di 0 C) 0 C) i 0 C) CD 0 1 C� a; i '- D, in C) m N C) l 6 C)- M C0 co w! >, �o C) OD 0 co� (0 09V I- (0 0) (0! O� CD C) 00 CD I,-: m CD; • C) C) Lo L6. m 6 C6 i co 00! ot-6- (0- C\f; H (D N ",Il - Lo' CD 0) r� N 'r 61!)- A - W tdi[ C6, CD I m C6 6% ol C) C) c): CD C) f 0 C) C) t- O� C) CX Lf) AEU (7) bo C,4 j 0) M MIT-; U-) M§ clii LL o 4.1 :L 0 oc a) a) C C zj Ni >5 -J, 0 a) (D W; 0 w (D ol lo (n 0, c o 9z to 0 i ml C/) LU -il �R r- Of Z NJ- 00 C\l C\1 (D t (Al i (1) 00 F-1 (01 : 1 -0. C4 cy (L U. VDU 0 1 & C\l C141 CN: N LL ml F= i .1 L- ui! Lu a) 12 F- (1)'(p� a) (1) C� as a) I o! LU 1 (-) , LL C) :31 W = C\l Ch U) 01 (D. ; w Q: D! Lul I Cni 0 0� ia ol z mi U) 0. 0 0 0 01 oi 0 (Di Oi 1 0 (D CO 0 zOio Lij (L col m ca coo (on 0-1 U- C), i LU 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 Action Item for the City Council Meeting of March 26, 2013 DATE: February 25, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Execute Contract for Professional Services County Road 52 Extension (CR 69 to FM 1889) Bond Issue 2012 CAPTION: _Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Naismith Engineering, Inc. from Corpus Christi, Texas in the amount of $241,692.50, for'County Road 52 Extension (CR 69 to FM 1889), for design, bid, and construction phase services BOND ISSUE 2012. (Proposition No. 8 Economic Development Projects) PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Naismith Engineering, Inc. for County Road 52 Extension (CR 69 to FM 1889). BACKGROUND AND FINDINGS: This Project includes extending County Road (CR) 52 from CR 69 to FM 1889. This roadway will be designed as a rural roadway section, matching the existing CR 52 roadway section from CR 69 to US 77 which is one travel lane in each direction with a continuous left turn lane. The City is currently negotiating an agreement with Nueces County which includes a 50150 participation in the cost of all Design, Land Acquisition and Construction of the Extension of County Road 52 including street and storm water costs but excluding gas and sanitary sewer costs. The agreement will allow the City to request reimbursements as the project progresses so the County can contribute funds to the project in phases. The County will be involved in review and approval during design, construction award, and any necessary change order execution. Naismith Engineering, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012- 03 Bond Issue 2012 and CIP Projects, dated August 31, 2012 ALTERNATIVES: 1. Execute the Contract for Professional Services with Naismith Engineering, Inc. as proposed. 2. Do not execute the Contract for Professional Services with Naismith Engineering, Inc. as proposed. OTHER CONSIDERATIONS: C:IUSERSIREBECCAHW PPDATAIROAMING%L54TEMP1802Di Fa4- D444- 4C33 -A381- 4751021 D7AC5. DOCX This project is one of the Bond Issue 2012 Proposition No. 8 Economic Development Projects approved by the community in the general election held on November 6, 2012. CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. Naismith Engineering, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY 1 NON- EMERGENCY: Not applicable DEPARTMENTALCLEARANCES: Storm Water Department FINANCIAL IMPACT: ❑ Oneratln❑ n RPvP.nuA X r..nnifnl n Pln+ 7nnliroF.lo Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS CIP only)_ Line Item Budget $1.,574,000.00 $2,826,000.00 $4,400,000.00 Encumbered /Expended Amount This item $241,692.50 $0.00 $241,692.50 Future Anticipated Expenditures This Project $1,332,307.50 $2,337,692.50 $3,670,000.00 BALANCE $0.00 $488,307.50 $488,307.50 uiiia�a�. w�iu iaauc cu 1,� a1w V4111i1G5 %,Jf- Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $241,692.50. Nueces County is participating with a 50150 match towards Streets and Storm Water. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with Naismith Engineering, Inc_ LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract C: kUSERSI REBECCAHIAPPDATAIROAMINCT54TEMP 1802DlF8 40444- 4C33 -A381- 4751021 D7AC5.DOCX County Road 52 Extension (CR 69 to EXHIBIT CITY OF CORPUS CHRISTI, TEXAS FM 1889) DEPARTMENT OF ENGINEERING SERVICES PA GE: I of I 0 a� UO a� v 0 A m 0 OIN N u c� .Z. .4m in N cL Im mount o uW I �..; W a Q W x U H U W ti O w P-1 ra r� LO 0 �y N �7 c3 v U o,o � � � o U N N V .N cz Q) ra H 0 U E---q v w ti 0 P4 w U � fip d +N+ fp U L � L � H W r p d 41 IQ d !� w O C U E Qo o cCOL U0C? .a C Lo 010 0 d! "W !V Q d �H = 0 C a+ d . *- O .2-0— 4-, O p 2Eo fl-o'o 0 .,.. ,� o p aL��a,E L O 1h H?'y O C dg C cc :. w ++ U fA 00,5 = ir. d p >r p L G? Ea���� 'G .y d1 y C om�� �r CL :3 CL ' L d +.1 cc c w 0 0 C4 is 0 0 as U N U c O co Ic ar - U :. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 14 o 0 0 M O O Rt�I a r� c� v •V/ li •� •• � W W � r'� U � fip d +N+ fp U L � L � H W r p d 41 IQ d !� w O C U E Qo o cCOL U0C? .a C Lo 010 0 d! "W !V Q d �H = 0 C a+ d . *- O .2-0— 4-, O p 2Eo fl-o'o 0 .,.. ,� o p aL��a,E L O 1h H?'y O C dg C cc :. w ++ U fA 00,5 = ir. d p >r p L G? Ea���� 'G .y d1 y C om�� �r CL :3 CL ' L d +.1 cc c w 0 0 C4 is 0 0 as U N U c O co Ic ar - U :. 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 Naismith Engineering. Inc., a Texas corporation, 4501 Gollihar Road, Corpus Christi, Nueoes County, Texas 78411, (Architect(Engineer — ME), hereby agree as follows: 1. SCOPE OF PROJECT 2012 —This project includes extending County Road (CR) 52 from CR 69 to FM 1889, This roadway will be designed as a rural roadway section, matching the existing roadway section CR 69 to US 77.: The Street and Storm water portion of the project will be a Nueces County 50/50 match. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract. documents_ In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services_ A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services lister/ 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 preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. Contract for Engineering WE) Services Page f of 3 KtENGINFERING DATAE XCHANGE%ANGIEM4STREET1E12136 CDUNfTY ROAR 52 EXTENSION CR e9 TO FM ISMI CONTRACT PROFESSIONAL SERVICES.DOC The Director of Engineering Services may direct the AIE 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. AIE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITYAND 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 AIE a fee, as described in Exhibit "A ", for providing servicas authorized, a totalfee'not to exceed $241,692.50, (Two Hundred Forty One Thousand Six Hundred Ninety Two Dollars and Fifty Cents). Monthly invoices will 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, AVE will be compensated for fits services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination, 7, LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The 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.) 8. ASSIGNABILITY 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 AIE 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 park of the. A/E fee may be assigned in advance of receipt-by the AIE 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. Contrail for Engineering (NE) Services Page 2of3 KIENGINEERING OATAr;XCHANGE ARGIEM4STREET1E12136 COUNTY ROAD 52 EXTENSION CR 69 TO FM 1859'11 CONTRACT PROFESSIONAL SERVICESAOC U 9. OWNERSHIP OF DOCUMENTS r A All documents including contract documents (plans-and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI Oscar R. Martinez, Date Assistant City Manager RECOMMENDED v Daniel Biles, P. E., Da e Director of Engineering Services APPROVED AS TO FORM Office of Management Date and Budget ATTEST Armando Chapa, City Secretary NAI IT EN IN RING, INC. G nt J cks n, P. D to Vice Presiden 4501 Goilihar Road Corpus Christi, TX.78411 (361) 814 -9900 Office (361) 814 -4401 Fax ENTERED FED 2 6 2013 CONTRACT MANAGERS Cnun#v Rnmr1 42 Fnfpnrminn frnm ['_R QQ M FIUf 422ch /prninn# fir% N:474iC1 Department Fund Source No. Amount Street CIP Bond Issue 2012 550950 -3549- 00000- E12136 $151,658.25 Storm Water CIP Bond Issue 2012 550950 -3496- 00000- E12136 90,034.25 Total I 1 $241,692.50 EnCUmarance No. Contract for Engineering (A/E) Services Page 3 of 3 MENoWEERING DATAEXCHANGEIANGIEM %STREETYEi2136 COUNTY ROAD 52 EXTENSION CR 60 TO FM 18891i CONTRACT PROFESSIONAL SERVICE &DOE EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS County Road 52 Extension — CR 69 to FM 1889 Project No. E12136, Bond 2012 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer - -AIE (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. c) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant, d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) :. Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section to incorporate the Gelotechnical Consultant's recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections. g) Identify "rig ht -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems.. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirerrients of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues, upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, LISPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify. and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic- level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSC>").Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of- EXHIBIT "A" Page t of 9 Revised February 11, 2013 KAEngineering Nt0E chen981*IGIEMISTREEnE12136 COUNTY ROAD 52 EXTENSION CR 69 TO FM 18891 HIBIT A LARGE AE REVISED Feb 11 2013.doc ul way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4, Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, LISPS, CCISD, community groups, TDLR, etc. 5. Provide an analysis on project impacts towards "re-engineering" and effects on cost savings toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specifications. p) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. r) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) set of the f=inal Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. s) Assist City in presenting summary of ELR findings to City - appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow-up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (As available from City Engineering files). d) Field location of existing city utilities. (AIE to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates, The records provided for A /E`s use under this contract are proprietary, copyrighted, and authorized for use only by A /E, and g&ly for the intended purpose of this project. Any unauthorized use or distribution of the retards provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under additional services). c) Prepare construction documents in City standard format for thework identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits_ Include standard City of Corpus Christi detail sheets as appropriate. ERevised IT "A" e 2 of 9 bruary 1 1, 2013 K %Enginearing DataExchangeAANGIEMISTREE IAE12136 COUNTY ROAD 62 EXTENSION CR 68 TO FM 16891FJCHIBIT A LARGE AE REVISEI) Feb 11 2013.doe d) Prepare construction plans in compliance with CPPSCF using English units on 24 "x 36" plan sheets that can be reduced to 11 "x 17 ". 1. Prepare Traffic Control and Construction Sequencing Plans. The'TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Fumish one (1) set of the interim plans (60% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to:attendees within five working days of the meeting. Assimilate all review comments; as appropriate and, upon Notice to Proceed. (909A 6WbMKLJkA9GtrGn4G and full size haFd copies urAng Gity Standwds as applir-able) to-the City staff fG Fe-view and appitevall pui:pese with-rawlsed estimates of probable rest—s. h) Hold PFGjeGt o ra-k.fleW Fne8fing. Prepare meeting agenda and meetings to attendeeswithiR five working days of th eetiAq- Assimilate -11 —.4el.A., eamments, and inG9FpeFate any FequiFernents in the plans and advise City 9f Fespending and non re tiGiparft as appropdate and, up9n i) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shard intellectual Property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer priorto re -use of modified plans. k) Provide Quality Assurance /Quality Control (QAIQC) measures to ensure that submittal of the interim, , and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City, Additional revisions or design submittals are re uired and within the scope 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will_ a) Designate an. individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. EXHIBIT "A" Page 3 of 9 Revised February 11, 2013 K \Engineering DelaFxchsngMNGiEM1STREME12136 COUNTY ROAD 62 EXTENSION CR 69 TO FM 18691ExNk61TALARGE AE REVISED Feb 11 2013.doe b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c) Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes priorto bidding. d) Attend bid opening, analyze bids, evaluate,. prepare bid tabulation; and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to r- advertise that particular portion of the Project for bids. f) Prepare PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to .prospective bidders. b) Advertise the Project forbidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration 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, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications ofthe contract documentsforthe 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 conferwith 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; 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. EXHIBIT "A" Page 4 of 9 Revised February 11, 2013 KAEnglneering DaNExchengd%ANG1EMMTREE1RE12138 COUNTY ROAD 52 EXTENSION CR e9 TO FM 18891EXHIBIT A LARGE AE REVISED Feb 11 2913.doo g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor - provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) Within two (2) months of final acceptance of the project. All drawings shall be CAD' ARD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor, b) Conduct the final acceptance inspection with the Engineer B. ADDITIONAL SERVICES This section defines 4he scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. AIE may not begin work on any services under this section without specific written authorization 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 shall, with written authorization by the Director of Engineering Services, perform the following: 1.. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits, The A/E will prepare this documentation for all required signatures. The A/E will prepare. and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: d. TxDOT utility and environmental permits, multiple use agreements e. NPDES Permit/Amendments (including SSC, NOI NOT) f. 2. Ri ht -2LWa ROW Acquisition Survey. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. AIE must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. c) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. EXHIBIT "A" Page 5of9 Revised February 11, 2013 K:lEngheering Da1aExchangMNGIEK8TREET%E12136 COUNTY ROAD 52 EXTENSION CR 69 TO FM 1889dMIBITA LARGE AE REVISED Fab 11 2013.doc 3. To a ra hic Survey and Parcel Descriptions 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. Include reference to a minimum of two (2) found boundary monuments from the project area_ a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. -- the coordinate data will remain in grid_ e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soilipavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm seweri water and gas lines as well as any other lines owned by third- parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part.of the scope of work for SUE. i) Locate improvements within the apparent ROW, j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k)-,- Generate electronic planimetric base map for use in project design. 1) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. m) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements_ A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 4. Environmental issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C- I, 38 -02, Standard Guideline forthe Collection and Depiction of Existing Subsurface EXHIBIT "A" Page 6 of 9 Revised February 11, 2013 K lEngheering DataExchangeW NGIEMISTREE RE12136 COUNTY ROAD 52 EXTENSION CR 69 TO FM tON EXHIBIT A LARGE AE REVISED Feb H 2013.doe Utility Data" including, but not limited to, hydro - excavation. The proposed subsurface utility investigation will be as follows; i) Excavation — The survey scope includes working with a subsurface utility excavatorto perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine -the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. by the NE. The Gity of GeFpus GhOsti Gas Oepa*nentwitl-��� Level A. The A /M. Ms Minate this aeovity- b)' Inform local franchises whose utilities faltwithin the footprint of construction - related excavation of the potential for encountering their utility lines during construction. 9. Review of Design for.Section Between CR 69 and Irrigation Canal (Authorized) 1) Verify geometry of constructed roadway (emphasis that the intersection at CR 69 aligns correctly). 2) Review pavement sections constructed and verify it confirms to the City's target design for a 30 year pavement section. 10. Stormwater Hydrology /Hydraulic Study — Offsite (Authorized) The alignment of C.R. 52 is within an area which has historically been prone to localized flooding. In addition, the Nueces County Drainage Master plan identifies two large swales which would impact the drainage patterns associated with the new roadway. In 2012 an existing section of private roadway and drainage swales was constructed by NEC along a portion of the proposed improvements. It is unclear whether a detailed drainage assessment was completed for the existing roadway drainage. Furthermore an existing elevated raw water canal is located in the vicinity of the new roadway. The canal-is owned bythe Nueces County Water Control and Improvement District #3. In orderto insurethatall drainage concerns are evaluated and addressed, NEI will complete a study to include the items outlined below_ 1) Prepare a Hydrologic/Hydraulic study of the existing basin and drainage system. The assessmentwill include drainagewhich impactsthe existing .section of Roadway constructed by NEC. 2) Evaluate the County's Master Plan and verify that all improvements' are in compliance or do not impact the intent of the plan. 3) Evaluate the City's Master plan and verify that all improvements are in compliance or do not impact the intent of the plan 4) NEI will coordinate the assessment with other agencies impacted including Nueces County, TxDOT and the Nueces County Water Control and Improvements District #3. 5) Develop recommendations for drainage improvements. Improvements will include work within the existing new R.O.W, and potentially off -site drainage improvements. NEI will prepare and issue a report outlining the findings of the assessment. EXHIBIT "A" Page 7 of 9 Revised February 11, 2013 KAEngineedrig UalaExchanp \ANGIENRSTREET1E12136 COUNTY ROAD 52 EXTENSION CR 0 TO FM 18BS EXHIBIT A LARGE AE REVISED Feb 11 2013.dcc 11. Geotechnical Enalneerina — Pavement Section Analysis (Authorized) 1) Identify service conditions and life -cycle projections for proposed design. 2) Review copy of geotechnical report and supporting data, and identify preliminary alternative pavement design sections. 3) Prepare conceptual life -cycle analysis and estimates for each pavement section. 4) Develop recommended pavement sections. 5) Develop matrix evaluation criteria to include in the bid documents to assist the City during the Contractor selection process. 12. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement underthe 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 r 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 ". SCHEDULE Day Date Activity Tuesda March 26, 2013 Engineering Contract Executed Monday June 3, 2013 Draft Engineerin2 Letter Report 30% Submittal Monday June 17 2013 Meet with City/County City/County Staff to go over Draft ELR Monday July 1, 2013 Final Engineering Letter Report 100% Submittal) Friday July 19, 2013 Present ELR to City Appointed Committee Monday July 22, 2013 Receive Authorization to begin Design Monday January 27 2014 60% Interim Plan /Bid Document Submittal Monday February 10, 2014 Meet with City /Council Staff to go over 60% Interim Submittal Monday March 3, 2014 100% Final Plan/Bid Document Submittal Monda March 17, 2014 Meet with CAty Staff to go over 100% Final Submittal Monday March 31, 2014 Submit Sealed Plan /Bid Documents for Bidding Sunday Aril 6 and 13 ,'2014 Advertise for Bids Tuesday Aril 22, 2014 Pre -Bid Meeting Wednesday Aril 30, 2014 Receive Bids Tuesday June 3, 2014 Contract Award Monday June 27, 2014 Pre - Construction Meeting and Issue Notice to Proceed Monday July 7, 2014 Begin Construction Friday December 11, 2015 End Construction EXHIBIT "A" Page 8 of 9 Revised February 11, 2013 K NEngineering WaExchange ANGIEMMTREE nEi2136 COUNTY ROAD 52 EXTENSION CR 69 TO FM 18891EXHIBIT A LARGE AE REVISED Feb 11 2013.doc III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. 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. In Section I.A.1 -3, the statement will be based. upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the total of services actually completed at that portion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section E.B. 'Additional Services,u the City will pay -the AIE a not -to- exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase $13,205.00 2. Design Phase $112,637.50 3. Bid Phase $8,690.00 4. Construction Administration Phase $23,960.00 Subtotal Basic Services Fees $158,692.50 Additional Services Fees (Allowance) 1. Total Permits $ 5,295.00 2. ROW Acquisition Survey $4,000.00 3. Topographic Survey and Parcel Descriptions $8,000.00 4. Environmental Issues $2,500.00 5. Public Involvement $6,280.00 6. Subsurface utility Investigation $20,000.00 7. Construction Observation Services $0,00 8. Start -up Services $0.00 9. Review of Design for Section between CR 69 and Irrigation Canal $5,000.00 10. Stormwater Hydrology /Hydraulic Study (off -site) $25,000.00 11. Geotechnical Pavement Section Analysis $5,600.00 12. Warranty Phase $1,325.00 Sub -Total Additional Services $83,000.00 Total Authorized Fee $241,692.50 EXHIBIT "A" Page 9 of 9 Revised February 11, 2013 K1Engineering DateExchangMNG1EM15TREET%E12136 COUNTY ROAD 52 EXTENSION CR 69 TO FM MMEXHIBIT A LARGE AE REVISED Feb 11 2013.doc EXHIBIT A -1 (Provides supplemental description to Exhibit A. Task List does not supersede Exhibit A.) CITY OF CORPUS CHRISTI County Road 52 Extension — County Road 69 to FM 1880 (COCC Project No. E12136) TASK LIST A. Basic Services 1) Project Limits are from County Road 69 to FM 1889. The following are guidelines and the direction given for addressing the proposed improvements as they relate to the new roadway construction and city utilities on this project: A. STREETS Provide services per Exhibit A. • The roadway will be designed as a rural roadway section, matching the-existing roadway section from County Road 69 to US 77. This section consists of a 100 foot right of way, 38 foot paved asphalt section (12 foot lanes with 14 foot continuous left turn lane), and roadside ditches. • The pavement section from CR 69 to US 77 is typically 4 inches of Type D HMAC, MC -30 Prime Coat, 8 inches of crushed limestone, geogrid, and 12 inches of compacted subgrade. • Connect to existing pavement at the intersections of FM 1889 (east limits of radius return), existing pavement where NEC access driveway terminates approximately 200 feet east from drainage canal, and CR 69 approximately 100 feet west intersection (west limits of radius return). B. STORMWATER • Provide services per .Exhibit A. • Run drainage models (Storm CAD) to evaluate existing conditions and changes to accommodate developed flows as per current City Drainage Plan. • . Confirm outfall configurations and capacities of existing drainage system and verify hydraulic grade lines at 5-and 25 year flood events and C4K 100 year HGL for flooding of adjacent structures.. • Current City stormwater standards shall be utilized, defined at the time the EXHIBIT "A-1 11 Page 1 of 7 Engineering Letter Report is submitted and approval issued by City to start design. If standards change following this milestone, a review of the design standards will be addressed. C. WASTEWATER • Provide corridor alignment for utility line. D. GAS • Provide corridor alignment for utility line. 2) Attend and participate in project meetings as ou .tuned in Exhibit A. Additional planning meetings with City stafffdepartments (engineering, streets, & stormwater) will be needed to discuss planning and conceptual design. 3) Contact Texas One -call system to locate existing utilities in the field and coordinate with appropriate City operating departments. . 4) Perform field investigation (surveys as authorized by.-Additional Services) as required to -define specific areas of demolition and new work, equipment, locations, tie -in point, and other applicable parameters required to complete the letter report, hydrologic/hydraulic analysis and construction drawings. 5) Develop preliminary street cross section based on geotechnical findings, and develop preliminary pavement evaluation and recommendations (one pavement section will be bid). 6) Once the Engineering Contract has been executed, the consultant would like to request any record drawings, record information of existing facilities, utilities, copies of existing studies and plans; traffic counts, and benchmark/coordinates as available from the City pertaining to the project area. 7) Prepare Engineering Letter Report (ELR) and Submit to City for review and approval. (30% Draft and 100% Final submittal) as detailed in Exhibit A. Conceptual life -cycle cost estimate with pavement recommendations (both for flexible and rigid sections) will be submitted as part of the Draft ELR (Listed under Additional Services for Geotechnical Pavement Section Analysis). Following this review the Final ELR will be completed using one selected pavement design; and all plans) bidding documents will reflect this selected section. 8) Develop construction drawings in English units in ANSI B (11x17) sheets. The plans shall be submitted to the City for review at the following key milestones: (The City shall provide current standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents as listed EXHIBIT "A -7" Page 2 of 7 on Exhibit A). *Note that the 90% review submittal outlined in ExhibiL A. is eliminated. 60% Submittal for review 100% Submittal for review Final Plays issued for bidding (signed and sealed) 9) Provide- scope of geotechnical testing requirements including specific tests needed and data required to the City's Geotechnical Consultant (NEI recommends using Kleinfelder for the geotechnical explorations). 10) Vie: y ■ � r ■ r f ■ INVNI" .1 s ■ ■ 11) Prepare powerpoint presentation in City format for City - appointed capital project oversight committee meeting following the 30% Draft ELR submittal. This also includes preparation of agenda, meeting minutes, and memos. 12) Address comments received from the City for the 60 1/o, and 100% contract drawings and bid documents Submittal. 13) Provide Quality Assurance /Quality Control (QA/QC) review and submit one (1) hard copy and one (1) electronic copy of the 60 %, 100 %, and Final contract drawings and bid documents to the City. 14) Update the Opinion of Probable Costs at the 60% and 100% submittal, and provide comparison to City budget. Submit to the City and provide any revisions EXHIBIT "A -4" Page 3 of 7 or modifications to the project scope if needed. 15) Develop a Construction Phasing and Traffic Control Plan for the selected pavement section to minimize the impact of the construction. 18) Coordinate with electric, communication, private pipeline companies, and other franchise utilities that may have existing facilities that must be relocated to accommodate the proposed improvements as outlined in Exhibit A. B. Additional Services 1. TOTAL PERMIT AUTHORIZED 1) Furnish to the City all engineering data and documentation necessary for the following governmental permits as needed-to complete the project. Construction Stormwater Permit and Texas Department of Transportation Driveway Permit, (submit permits to TCEQ and TxDOT; and coordinate work with Nueces Electric Cooperative, Nueces County Water Control and Improvement-District #3, and other Franchise utilities). No other permitting requirements are anticipated. 2) Prepare and submit the listed permit applications and associated fees to the appropriate authorities as required to complete the project: 2. RIGHT- OF-WAY ACQUISITION SURVEY (AUTHORIZED)' 1) Establish limits of work area and obtain reference drawings. 2) Research City rights -of -way (ROW), easements and property boundaries. 3) Research adjacent properties and obtain preliminary title reports. 4) Prepare working sketch for right -of -way (ROW) acquisition. 5) Locate and tie -in tract boundaries in the field 6) Calculate boundaries for right- of=way (ROW) acquisition_ 7) Perform CAD design /drafting for final survey plats. 8) Provide Quality Assurance /Quality Control (QAIQC) final review for survey plats. 9) Stake boundaries for right -of -way (ROW) to be acquired. 10)This does not include any platting requirements. EXHIBIT "A -1" Page 4 of 7 3. TOPOGRAPHIC SURVEY AND PARCEL. DESCRIPTIONS (AUTHORIZEDI 1) Research horizontal (NAD 83) and vertical (NAVD 88) controls as described in Exhibit A. 2) Pre -plan control survey. 3) Set control points in the field. Control points shall be set in well protected locations which can be easily located by the contractor during construction. 4) Establish vertical control points (bench marks) and perform level loops. 5) Establish horizontal control on control points by GPS. 6) Perform topographic survey within project limits. 7) Locate and tie -in tract boundaries. 8) Locate and tie -in any new R.O.W. boundaries. 9) Write legal descriptions (metes and bounds) for right-of-way (ROW) acquisition, and Provide ROW exhibit for each parcel. 10) Locate and tie -in known utility infrastructure and other miscellaneous structures within known R.O.W.. 11) Download raw survey field data, copy field notes, reduce data and check results. 12)Set baseline control points for construction. 4. ENVIRONMENTAL ISSUES AUTHORIZED 1) Request Regulatory Screening Assessment of project area. 2) Review /evaluate findings and provide recommendations to be used in Engineering Letter Report. 5. PUBLIC INVOLVEMENT ALLOWANCE 0 1) If requested by City, participate with staff at two (2) public meetings as described in Exhibit A. City Staff will lead meeting and provide support; and the Consultant will be required to prepare exhibit boards and handouts to illustrate the scope of the proposed improvements, attend and participate in discussion, and provide minutes of the meetings. EXHIBIT "M" Page 5 of 7 2) Identify and recommend public outreach and community stakeholder requirements. 6. SUBSURFACE UTILITY EXPLORATION — SUE (AUTHORIZED) 1) Provide exploratory excavation to determine locations of existing utility and communication lines per Quality Level A as described in Exhibit A. 2) Explorations would be completed using either a, water lance probe or by hydroexcavation. .: - 3) Provide survey to tie excavated utilities vertically and horizontally. 9.-, REVIEW OF DESIGN FOR SECTION BETWEEN CR 69 AND IRRIGATION CANAL (AUTHORIZED) 1) Verify:geometry of constructed roadway (emphasis that the intersection at CR 69 aligns correctly). 2) Review pavement sections constructed and verify it confirms to the City's target design for a 30 year pavement section. 10. STORMWATER HYDROLOGY/HYDRAULIC STUDY- OFFSITE (AUTHORIZED) The alignment of C.R. 52 is within an area which has historically been prone to localized flooding. In addition, the Nueces County Drainage Mater plan identifies two large swales which would impact the drainage patterns associated with the new roadway. In 2012 an existing section of private roadway and drainage swales was constructed by NEC along a portion of the proposed improvements. It is unclear whether a detailed drainage assessment was completed for the existing roadway drainage. Furthermore an existing elevated raw water canal is located in the vicinity of the new roadway. The canal is owned by the Nueces County Water Control and Improvement District #3. In order to insure that all drainage concerns are evaluated and addressed, NEI will complete a study to include the items outlined below. 1) Prepare a Hydrologic /Hydraulic study of the existing basin and drainage system. The assessment will include drainage which impacts the existing section of Roadway constructed by NEC. 2) Evaluate the County's Master Plan and verify that all improvements are in compliance or do not impact the intent of the plan. 3) Evaluate the City's Master plan and verify that ail improvements are in compliance or do not impact the intent of the plan. EXHIBIT "A -1" Page 6of7 4). NEI will coordinate the assessment with other agencies impacted including Nueces County, TxDOT and the Nueces County Water Control and Improvements District #3. 5) Develop recommendations for drainage improvements. Improvements will include work within the existing new R:O.W. and potentially off -site drainage improvements. 6) NEI will prepare and issue a report outlining the findings of the assessment. 11.. GEOTECHNICAL -- PAVEMENT SECTION ANALYSIS „AUTHORIZED) 1) Identify service conditions and life -cycle projections for proposed design. 2) -Revi=ew copy of geotechnical report and supporting data, and identify preliminary alternative pavement design sections. 3) Prepare conceptual life -cycle analysis and - estimates for each pavement section. 4.) Develop recommended pavement sections. 5) Develop matrix evaluation criteria to include in the bid documents to assist'the City during the Contractor selection process. 12. WARRANTY PHASE ALLOWANCE) 1) Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one -year period after acceptance of the project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXHIBIT "A -1” Page 7 of 7 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 ali 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 Bodily Injury & Property Damage Per occurrence - aggregate -- , E $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 4. Errors and Omissions EMPLOYERS' LIABILITY $4,000,000 per claim 1$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 0 EXHIBIT "B" Pa e 9 of 3 K:1Engineadng DaNaExchange WNGIENRSTREET1E12136 COUNTY ROAD 52 EVENSION CR69 TO FM 18SM4 EXHIBIT 8 INDMI4IFICATION - OCT 2610AM 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 -Vli. 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 shah 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_workere 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 3 K- "Ineedrig OataExchango %NGIEMISTREET1E12136 OOUNTY ROAD 52 EXTENSION OR 09 TO FM 1069W EXHIBIT B INDEMNIFICATION -OCT 2014,d= H. Wthin'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 shalt 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 front 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 ofRCorpus Christi for liability arising out of operations under this contract. L. - 4t 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 KAEngirworkv DataEx0wi9 L4NG1EMISTREE RE12126 COUNTY ROAD 52 EXTENSION CR 69 TO FM 188914 EXHIBIT B INDEMNIFICATION - OCT2010.doox W Z co 00 UJr e►s w Ozo IW-' d o > J c S (L a — 0 U O � C) � dl a � U 79 O r ' m o o L � a- � c o' E a n C Z t c 2 z E e i t of cE I. I w o 0 p 0 p Ca o 0 0 00 0 0 0 LO 0 0 Ch 00 0 oa 000csOapo °OO C) � N ID °0000 OaC) 000 O Q ❑❑ C) C) LL N ui m m Cam} o �n LO d N u� u� Y N I T c LIB. Ch O r Y C O C] a 0 0 00 C> 0 o o p p 0 a C ._ ( L r co) (1 G N co a r- O C c 2 +' Lo F 'C r`, a CV C U} O G .� I "a o CL F- m 11 W CS CD O r- 00 r 0 V Q Q� CI1' r IA CD r r r EO 'tl w T O r MOL a) r O L) O M N m m V o m r C7 Oi ' LO :cM crLDr0(ow T T- N' � e0A N m 1Q M Go !A 69 4b* 44 61% OOOo000 0ct00o 0❑❑oc� ooc) 0 m I � 0)000000 a00oapp.p 000 I,- M O (U O r C3 0- 0 v ❑❑ Ln Y l!i (D { r ap CO Y O T d�} 'r- O 0) [] O) C%! m m 0) co 0 0 r- CV) O% ':t U O Y M N N V) M 00 64 I ER 4c� 4 4R EXHIBIT "C" Page 1 of N ID LL N ui Cam} O d N N I Z c LIB. Ch O (U CG � _O �] C� CL Q" C 10 m Q O ._ ( L r co) (1 G N co a r- O C c 2 +' a) F 'C r`, Q CV C U} O G .� I "a o CL C m U 0. Q � C)+ 'N :q Cq � c_ CI1' ._ 0 0= 'tl N M a) C- U= i3 t .mow O md0mEr0co :cM crLDr0(ow com¢H EXHIBIT "C" Page 1 of s rrt:lutt MItJ1v11itiIZ . t� titr nsstta�tt;l� l;v' c�t'ry —` ISURCNAStNi3 DIVESIUM CITY OF CORPUS CHRISTI City of Corpus DISCLOSURE OF, IN'T'EREST Christi` City of'Corpas Christi Ordinance 17112, as amended, requires all persons or firsts seeking to do htisi>tess with the City !o provide the fc�IlQ�virt infonuatlpn. Every.quostion must be unswerv.d. i'tli question. k pot applicable, Answer with °NA ". See reverse side for Filing Requirements, Certif ca #tons Arid def ntuons. COMPANY. NAME: Naislnith Engineering, #;*. 'fit e,. P. 01 BOX, STR1iET ADARI!;SS: 4501 Gollihar road CITY: Corpus Christi ZIP: 7814, f f11W IS: I. Corporation [ 2. Partnership a 3. Sole -Owner ❑ 4. ASmclation Ll S. OtlleJ' DISCLOSURE QUESTIONS if additional space is necessary, please use tite rcversu side of this pa , or attach separate sheet. 1. 54ate the names of each '`entplayee" of the City of Corpus C irIsti having; tin "ownership iliferes.P' constituting 3% or more of the ownership in the above unmed "firm.' Name Job 'Title and City Department (if known) 2. :.State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3a /a or more of the ownership in the above named "firm," Title 3. State. the -names of each "board member" of the City of Corpus Christi having an "ownership il]terCSl" CAtlStitLitlll' 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the rJ MOS of etJCh employee or offictsr of a " COJISE heat" for the City a1' Corells Christi wl►o- worked on any matter related to the suNect of this contract and kiss an ` ownership interest" constituting 3% or more of the ownership in the above named "firul." N a Consultant If FILiNG REQUIREMENTS if a= person who requests otfieial action oil a matter knows that the requested action wil l confer an economic benefit on any City official or employec that is distinguishable from the effect that the ac#ion-will have on members of the public in general or a substantial segment thereof, you shall 4Ndlose'that €act . in a signed writing to the City official, emplo�yyee or body, that has been requested -to actin the matter, unless the interest of the City official or employee in the-matter is a pent; The disclosure shall also be made in ti signed writing filed with the City Secretary. (11h�cS The Section 2 -349 (d)j CERTIFICATION I cortify that .all information provided is tnie and correct as of the date of this statement, that I have' itot nowingly withheld disclosure.of any information requested; and that supplemental statements wil l be promptly submitted to the City of Corpus Clmisti, Texas as changes occur. Cerrlifyipg Person: 6f W& _. Title: (Type or Pdol) Signature of Cm-fifying , T Date: a 1 Person; DEFINIITIONS a. "Bbard member." A member of any board, commission, or committee Appointed by the City Council of the City of Corpus Christi, Texas. b. "Goonomie 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 my general or a substantial segment thereof c. 'Tmployee." Any person employed by the City of Corpus Christi, Texas either on a ful I or part -titne basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or eornmercial, 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 Meads, and Municipal Court ,fudges of the City of Corpus Christi, Texas. C "Ownership tnterest" 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 recQmmendation. PROJECT BUDGET ESTIMATE County Road 52 Extension - CR 69 to FM 1889 E12136 Bond Issue 2012 PROJECT FUNDS AVAILABLE: Bond 2012 * .................. ...................... NuecesCounty" .. ............................... . .. ............................... ............................... Utilities.............. ............................... . Project Total FUNDS REQUIRED: Construction (preliminary estimate)....... ......... ....................................................... Contingency :....................::.:. ............. . .. .. . ............... . .. .. ............................... Land Acquisition (NEC and other parcels based on $45,000 /ac plus improvements) $ 1,500,000.00 2,200,000.00 700,000.00 4,400,000.00 1, 760, 000.00 176,000.00 1,105, 000.00 Design Fees: Engineer (Naismith Engineering) ................... .................................. I ....................... . 241,692.50 Geotechnical(TBD) ............ . .. .......:....................................... ............................... 35,000.00 Materials Testing(TBD) ................. ........................................ ............................... 88,000.00 Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... 132,000.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) ............................... 308,000.00 Finance......... . .. . .. ................................... ............................... . .. ..................'.:...... 44,000.00 Misc. (Printing, Advertising, etc.) .. ............ ................................ ......... .............. ........ 22,000.00 TOTAL............................................................................... ............................... 3,911,692.50 ESTIMATED PROJECT BUDGET BALANCE ............................ ............................... $ 488,307.50 * BOND 2012 voter approved amount + $1,500,000 (based on an anticipated cost estimate). The current preliminary cost estimate is significantly lower than anticipated due to existing improvements but is subject to change during the design process as a result of investigation of existing conditions. ** Nueces County has passed a resolution for a contribution amount of $1,250,000 toward this project. The City and County are currently negotiating an interlocal agreement for a 50/50 participating contribution of funding. DATE: February 19, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 Action Item for the City Council Meeting of March 26, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Floyd D. Simpson, Chief of Police (361) 886 -2604 Execute Contract for Professional Services Animal Control Remodel /Improvements Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Chuck. Anastos from Corpus Christi, Texas in the amount of $87,300.00 for Animal Control Remodel/improvements for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 3 Service Center Complex Improvements). PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Chuck Anastos for Animal Control Remodelllmprovements. BACKGROUND AND FINDINGS: This project proposes renovation of the existing euthanizing building into office /storage /adoption spaces and constructing a new addition (30' x. 30') to carry-out the euthanizing operation. This project will include a new incinerator system, freezers, and emergency generator. Chuck Anastos of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012 - ALTERNATIVES: 1. Execute the Contract for Professional Services with Chuck Anastos as proposed. 2. Do not execute the Contract for Professional Services with Chuck Anastos as proposed. OTHER CONSIDERATIONS: This project is one of the Bond Issue 2012 Proposition No. 3 Service Center Complex Improvements approved by the community in the general election held on November 6, 2012. KAENGINEERINGILEGISTARWARCH 1 MNIMAL CONTROLIME MO -ANIMAL CONTROL. DOCX CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy_ Chuck Anastos was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY 1 NON- EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Police Department (Public Health and Safety /Animal Care and Control) FINANCIAL IMPACT: ❑ Ooeratina r RFvP_nm- X (anital n 1xint nnnlinnhla Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS CIP only) Line Item Budget $287,500.00 $862,500.00 $1,150,000.00 Encumbered /Expended Amount This item $87,300.00 $0.00 $87,300.00 Future Anticipated Expenditures This Project $200,200.00 $777,300.00 $977,500.00 BALANCE $0.00 $85,200.00 $85,200.00- ruliukt,1. ruuuu rcaSllRy 0unU ISSUe LV 14 Comments: The Contract for Professional Services will result in the expenditure "of an amount not to exceed $87,300.00. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with Chuck Anastos. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract K:4ENGINEERINGILEGISTARWARCH 1S%NIMAL CONTROLWEMO - ANIMAL CONTROL.DOCX PROJECT BUDGET ESTIMATE Animal Control Remodel/Improvements (Project No. E12111) Bond. Issue 2012 PROJECT FUNDS AVAILABLE: Bond2012................................................................................................... $1.150.000.00 FUNDS REQUIRED: Construction (preliminary aaUnmate)................................................................ 784.090.91 Contingency(1OY4 ...... ............................................................................ 78,408.09 Consultant Fees: Consultant (Chuck Aoaatua) .................. ....................................................... 87.300.00 ` Contract Administration P rd/Adnnin)----------' 11.500.00 Engineering Services (Project K8gt/Conat Mgt/Traffic Mgt Services) ........................ 92.000.00 Finance.......... ......... ............................................................. ................... 5.750.00 K0sn (Printing, Advertising, etc.) ................... .............. ................................... 5750l0 TOTAL..................................................................... ................................. ANIMAL CONTROL REMODEL/ CITY COUNCIL CORPUS C EXHIBIT crrY o� coPUS rrRlsn, TEXAS IMPROVEMENTS DEPARTMENT OF ENGINEERING SERVCES PAGE: 1 of I h, 1 , , 9 . 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. (Dire -ctor_of Engineeibg Serv-i.ces-)and- ChuckAnastos Associates-. C: a lifte to ifity Company; 901 S: Staples St.; Corpus Christi; 'Nueces County, Texas 78404, (Architect/Engineer- AIE), hereby agree as follows: 1, SCOPE OF PROJECT Animal-Control Rernodellimprovements (Project No. E12111BOND ISSUE 2012 --The scope Fof, this project includes the renovation of the existing euthanizing building. into officelstorage /adoption spaces and constructing a new addition (30'x 30') to carry -out the euthanizing. operation. This project will include a new incinerator system, freezers, and emergency generator. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit `W, and "A -111, to complete the Project. Work will not begin on Additional Services until requested by the AIE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. -A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any -phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary {phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. Contract for Engineering (A/E) Services Page 1 of 4 K:IENGINEERING DATAE%CHANGEICLARISSA, tPUI341C HEALTH & SAFEMEQ111 -ANIMAL CONTROL REMODELAND IMPROVEMENTSWE CONTRACT CHUCK ANASTOSX1 CONTRACT PROFESSIONAL SERVICES.DOC y h The Director of Engineering Services may direct the AIE to undertake additional services or tasks provided that no increase in' fee is required. Services ortasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contras #, AIE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested - - requir -es an additional. -fee ... 4. INDEMNITY AND INSURANCE AIE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ", 5. FEE The City, will pay the AIE a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $87,304.00, (in numbers), Eighty Seven Thousand Three Hundred Dollars and Zero Cents (in words). Monthly invoices will 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 theA /E at the address of record. In this event, the AIE will be compensated for its services on all stages authorized based upon AIE and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy, The 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.) 8. ASSIGNABILi T Y The AIE 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 AIE staff. If the AIE 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 AIE fee may be assigned in advance of receipt by the AIE 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. Contract for Engineering (Alfi) Services K:IENGINEERING DATAEXCNANGEtCLARISSAAPUBLIC WEALTH & SAFEME12111- ANIMAL CONTROL REMODEL AND IMPROVEMENTME CONTRACT CO9CK2 Of a ANASf0811 CONTRACT PROFESSIONAL SERMFS.DOC G, h 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be - -- used- again-- bythe --AlE- without tha- express -- written - consent - -of' the- Direetar -of-En ineeri.n ervices: ouvever, the AlE may use statidad details that are no# specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10, DISCLOSURE OF INTEREST A/E further :agrees, in- compliance with City of Corpus Christi Ordinance Igo. 17112, to complete,..as part of this contract, the Disclosure of Interests form. � CITY OF CORPUS CHRISTI Oscar R. Martinez, Date Assistant City Manager RECOMMENDED Daniel B' es, P. E., Date Director of Engineering Services Floyd . Simpson ate Chief f Police APPROVED AS TO FORM Office of Management Date and Budget CHUCK IATES, LLC. Chuck Anastos,`AIA President 901 S. Staples St., Corpus Christi, TX 78404 (361) 684 -4422 Office (800) 8844419 Fax Contract for Engineering (A!E) Services K (ENGINEERING OATAEXCHANGESCLARISSAAPDBLIC HEALTH & SAFEWE12111 - ANIWK CONTROL REMODEL AND IMPROVEMENTG AE CONTRAGT Cage 3 Of 4 ANASTOSSI CONTRACT PROFESStONALSERVICES .DOC Q, % ATTEST Armando Chapa, City Secretary Animal Control Remodel and Improvements Pro'ect No: E12111 Department f=und Source No. Amount blic Facility Bond 2012 650850- 3162 - 00000- E12111 $87,3pp. Encumbrance No. _ENTERED MAR 012013 CONTRACT MANAGERS;,¢j� V� • Contract for Engineering (AIE) Services Page 4 of 4 KAENOINEERING DATAEXCHANGEICLARISSAAIPUBLIC HEALTH & SAFF-TY%E1211 i - ANIMAL CONTROL REMODEL AND IMPROVEMENTS4AE CONTRACT CHUCK ANASTOSM CONTRACT PROFESSIONAL SERVICES.DOC P ,' ` A R C H i 7 E 0 T U R C INTERIOR DESIGN C#l11C� fl fl fi S T 0 A T 5 C C I A'. i% L L C. 28 February 2013 Mr. Daniel Biles, PE Diractor of Engineering Services PCB Box 9277 Corpus Christi, TX 78469 -9277 Re: Proposal for the A& E services for the Animal Control Facility Improvernents, City of Corpus Christi Project #E12111 Dear Mr- bites: Chuck Anastos Associates, LLC is pleased to sular nit this Proposal for the A & E services for the Bond issue. 2012 Animal Control Facility Improvements. This Proposal is for the archlteotkrral, structural, MEP and civil engineering services as outlined in Exhibit A -1 for the following scope of work: 1. Remodel existing facility to develop a logical separation between euthanasia I animal disposal area from public accessibteareas; 2. Provide.new air conditioning system, new aluminum windows, etc. In existing facility; 3. Develop separate areas for dogs and cats awaiting euthanasia; 4. Develop a secure public rear drop -off area for 24 hour dead animal delivery; 5. Develop a new truck drop -off area for dead animal delivery and provide new canopy for shade and raise existing doors to allow truck drive -in; ti- Develop a conveyor type system to new refrigerator for teroporary dead animal holding; 7. Develop proper management of fluids in euthanasia, disposal and refrigerator areas; 8. Provide storage area for chemicals, medicines, dietary supplements and food(s); 9. Provide new kennels for small and large animals; 10. Provide new ADA restrooms for public and City staff; 11, A natural gas emergency generator will be "included (as an additive alternate consideration); 12. Passive sustainable measures will be ineorporated where feasible; and 13. Ltftimatefy, available Construction funds will dictate tite exact size of the facility. The total available Project budget shall be: I. Total construction cost (72 %) 2. Contingency (08 %) 3_ Soft Costs (20 %) Total - 828'0G0.00 �$ 92, 000.00 230, 000;00 =$ "11150,000.00 P :7 I3c7x 3893 We Propose to Provide-the folloWing architectural services for each Phase of this Pro ect: CORPUS CHRIST) TEXAS 7 8 4 6 3 1- Preliminary Design Phase (Refer to attached - Exhibit A -1 Task twist): 9o1 8 9TAPLES CORPUS clinlsTl Obtain a digital plans from City staff describing metes and hounds, existing conditions TEXAS 7 8 AI)< of each site, etc.; TEL 3611896 -6422 FAX 36! I &34 -4418 fiiSf?$r0$BB80GlgT$O. CQt31 EXHIBIT" A" Page 1 of 3 r 2. De: ■ v i l Field verify existing conditions at site; Analyze International Building Code, Texas Windstorm and TDLR requirements; Prepare Preliminary Design Drawings and meet with Registered Accessibility Specialist for review of preliminary plans; Prepare cost estimate; and Meet with City staff and each user representative(s) as required for design review and approval; sign Phase (Refer tv attaoliedIxhibit A -1 Task List): Develop and Submit 60% Design Package for Owner's review and approval; Update outline material specifications; Prepare updated cost estimate; Further develop construction and bid documents from approved 60% submission; Compile technical specificafians; Meet with City staff and City User Group periodically to review progress and details of 'design; Submit 90% Construction Documents/ Specifications for Owner review and comment; Update construction cost estimate; Submit 100% Construction Documents 1 Specifications for final Owner review and comment; Submit sealed 100% Construction Documents.I Specifications for bidding and construction; and Submit drawings and specifications for Texas Accessibility Review. 3. Bidding Phase (Refer to attached Exhibit A -1 Task List): • Participate in the pre -bid conference; ■ Assist the City in solicitation of bids, Review all pre -bid questions and prepare necessary addenda; ■ Attend bid opening, analyze bids and make recommendations concerning award of Contract, 4. Construction Phase (Refer to attached Exhibit A -1 Task List): • Meet with and advise City Staff; Make approximately one (1)- site visit per month during construction to observe the quantity of work, and review and approved Contractor's Applications for Payment monthly; and I ■ Make approximately one (11- site visit per week during construction to observe the work (only if pre - approved by City- not a part of Basic Scope of Work.) Clients' Responsibilities: It is hereby agreed that the Client shall be responsible for the following: 1. The Client shall provide all required site information including a survey and geotechnical report prior to commencement of Design Phase. If replatting, amending or rezoning of the property is required, all associated work shall be considered additional services. 2. The Client shall provide all required storm water drainage as indicated on subdivision plans. 3. The Client shall provide all utilities to this project site. EXHIBIT "A" Page 2 of 3 Compensation for the ab ve-&Tiodbed services shall be a fiat AE fee of Eight Severs Thousand Three Hundred Dollars ($87.300.00.) Summary of Ate Fees, Fee for Basic Services CeEil1Eri}Ey. cS_ _. _..__. -..._ - ._._ —.0 � � — ". --- 2. Design Phase 46,500.00 3. Bid -Phase 1,000.00 ' 4- Construction Phase 7,800.00 Subtotal Basic Services l=ees $76,800.00 Fee for Additional Services i, Warranty inspection 1,O00.00 2. Preparation of record Drawing Set 11000.00 3: Topagraphic Survey 4,500.00 4. Submission to TDLR 2,500.00 5: Public Art Design Coordination TBD .0. Landscape & Irrigation Plans 7. Supplementa! Engineering 1 Construction Observation Sub -Total Additional Services lees l 8D $10,500.00 Total AE Fees $8�,3tiU.Q 01� If you find this Proposal acceptable, we will suhmit the Exhibit A -1 (l-ask List), Preliminary Project Cost Estimate, All» Fee and Time Schedule, and Exhibit. B Dirdiosure Form for your use in preparation of the Contract. We are prepared to Commence this Project immediately upon receipt of your approval proceed. Chuck Ahasfbs. AIA S^OkTEMENr Or C RTIP CATION_ The Texas Board of Architectural Examiners, Pt3 Box 12337, Austin, Texas 78711, Teleohone (512) 305 -90p0, has jurisdiction over complaints regarding the professiorvW Wactices of persons registered as architects in the State of TexaS. CRY Proposal rage 3 - 3 City of Corpus Christi Project #E12111 EXHIBIT "N Page 3 of 3 � (/ ]rj, � I (/ {3 jib{ ( \' \ if L 1. I n 13 s l o N A55O%IATfS, LLC. _.. Project No:- E12411 TASK LIST Yu ARCHIT[CT09F. IPi r"JOR DESIGN P 0 Box 3883 CORPUS CHRISTI TEXAS 78483 901 S SYAPt6$ CL nPUS CHR18TF TEXAS 78404 TEL 361t884 -4422 FAX 3611844.4470 8 n a V o sp a s n o d a tea - Wril PRELIMINARY PHASE I. SR6,analysis a Field Visit to site. a Review existing conditions that will impact project. W Verify wilding and parking requirements. a Develop site plan confirming feasibility of- proposed meets and bounds and verify building ! parking will fit on land- lirnits proposed by the City of Corpus Christi, 2. Prograrnming Review City's scope of work; and analyze City User (gaup goals and priorities. Develop preliminary cost estimate and project schedule. * Meet with City User Group and City Staff for program submission review. 3. Preliminary Design Modify Program as directed by City. ■ Code Review - Meet with City for building code issues and utilities. Develop floor plan tayout(s) (deliverable). Develop site plan layout(s) (deliverable). Develop exterior elevation(s) fron) floor I site plan (deliverable). Fleet with City User Group and city staff to review exterior elevation studies. Upon approval of exterior elevation -• refirle des igl� concept submission include (deliverable). • Site Plan • Floor flan • Exterior Elevations • Building Sections • 3-D Rendering (if authorized) EXHISIT "A -7" Page A of 5 Last ;: ltiid:S: Oyr' 2:Y4 -11 Outline Specifications -- Materials Description ■ Update Preliminary Cost Estimate. (deliverable), Submit. Design Memorandum Package for approval. DESIGN PHASE Develop approved concept design. Coordinate details of City provided survey, geotechnic;al investigation, Develop and Submit 60% Design Package for Owner's Review and Approval (deliverable) a Title Page o Site Plan c Floor flan o Wall Sections /Building Section e Reflected Ceiling Plans o Light Layouts (1"ixtures Selection) . o Concept Furniture Plan (Including Stacks) c HVAC One Line Electrical Outlet Locations ■ Update outline material specifications (deliverable). ■ Provide updated cost estimate /project schedule (deliverable) ■ Further develop construction and bid documents from approved 60% submission. Coordinate with Owner the use of City ,standards in general and supplementary contract conditions. ■ Compile bid technical specifications. ■ Meet with City staff and City user Group periodically to review progress and details of design Submit 90% Construction Documents l Specifications for Owner Review and Comment (deliverable). ■ Update Construction Cost Estimate and Project Schedule (deliverable). Submit 100% Construction Documents I Specifications for Owner Review and Comment (deliverable). Submit drawings and Specifications for Texas Acc6ssibility Review. DD /NEGOTIATION/CONTRACT PHASE ■ Communicate with kidders and sub - bidders, Attend pre -bid conference. R issue addenda and clarifications in advance of bid for City distribution. Assist Owner in receiving bids and qualifications, and attend Bid Opening. EXH1131T "A-V Page 2 of 5 n Assist fawner in reviewing bids and qualifications. Perform post -bid value engineering analysis if project exceeds budget. CONSTRUCTION PHAISE (Iterris with strlkethrough provided only at City's request). - ......_ _. __� Attend Pre - construction conferel� ,___ '`777 °° 'I'�'•1R�- �3�'t�ee�I� ... _. Submit lwitte'- and m� Prepare color selections an all product submittals- prepare 1 color. board for Owner review and approval" Review and recommend process Applications for Payments. list 'iRWk!4IGt'iQ akA R �rinnc :JVrY TC��✓�J: . Authorize and coordinate Texas Accessibility Inspection prior to release of retainage to contractor, Perform one -year warranty inspection prior to.expiration of warranty (approximately 10 months after completion). Receive contractor's submitted record documents, integrate all variations and field information on the electronic drartvings -submit to Owner- on CD. ------S � .b C-enduet additional i INCLUSIONS Storm water pollution prevention plan will be specified by Architect. Contractor is. responsible for design and application of TCEQ and City permittcertifications. A/E will bear the cost of all travel, mileage, printing, plotting and other associated expenses as pact of basic services (excluding final bicl documents). The following items gill be invoiced as additional experrses (if authorized by the City): • Design Memorandum submission • 3D renderings - Board mounted copies in excess of 1 • Construction documents submissions - copies in excess of 1 • f=inal bid documents printing and distribution • Color boards submission - copies in excess of 1 EXHIBIT "A-V Page 3 of 5 o Windstorm Design Certification and Inspection will be specified by Architect. Contractor is responsible for windstorm ir1specti0ns and construction certifications. - fca43Hr Firt �+yY- ",4r 'Wed �.�NS:2�na. ':7PVpe, of i9rs[in . r.. ,.. .: Pre-design services for site analysis and development of a detailed....__ - — ..... _.. -.. -Pre -- –g- -- -- - -- r _ .... i -- ment fare-included. as .part.. -f the scope of services.-_ _._._....__ -- Landscape/Irrigation system design and specifications is included as Owner's basic service. Owner or Owner's Technology representative shall work with , E during the design of this project. AIE design shall be limited to the following: i elecommunications System: o Locate phone and data outlets on electrical plan. Q... Specify conduits and raceways for installation fo computer wiling and phone system under Owner's separate contract - Computer Network: o Locate power and data outlets on electrical plan- * Specify conduits and raceways and protected power system (if required) for ,owners computer systems. o, Locate MDF and IDF rooms to serge Owner's network systems. o Owner will execute separate contract for computer system wiring, switches= racks and devices. Audio Visual Systems: o Locate and specify projector screens and projector mounts for Qwner provided audio video system. o Locate power outlets and data outlets. o Coordinate lighting design and lighting controls for owner provided audio -video systems. o Specify wall mounted TV. brackets if required. a Owner to contract separately for coaxial or data cabling, TVs, and computer projectors. • Interior design work by AIE shall be limited (as per line item) to the following: o Develop a "concept' furniturelstack plan. o Interior color selection of all building materials. o Coordination with Owner concerning list of ,guilt -ire,, items and list of owner provider furniture /equipment, a Coordination with Owner concerning color selections of building and furniture. o Design bid alternate for cantractar constructed casework, stack shelving and circulation desk- Integrated building security technology design which is provided upon owners authorization shall be designed and specified by M.E.R EXHIBiT "A-V Page 4 of 5 ED Engineer and constructed as part of contract. rending Owner Agre,emetrt and Acrftrization, fee shall be as follows: c Fire Alarm d.. Dart of basic service; fee a Gard Key Access (limited to exterior doors) Signatge Graphics - Design and coordination shall be included as part of services. Signage will be included in the building construction cs2rrtra ct _.. and f aut46_efzed will include: - • Building Plaque • Interior roam signage • Site traffic signs and markings • Site accessibility signs. EXCLUSIONS FRO 'COPE OF SERVICE 0 No work is included tot, the analysis, testing or ab atemerd of.any kind of hazardous site material or en*onmentai assessments. M No work is included for the analysis design or planning concerning any property platting or.re- platting, arty zoning or building code variances. Ali such work if authorized will be considered additional services. No specialty consultants for fire station design, fire fighting equipment, computer systems, telecotrrmunicatiorts, audio - visual or other integrated technology is included as part Of this scope of service, No off-site- utility design worm is included as part-of basic services. If the A!E is authorized to design off -site utility improvements, it shall be an Owner's optional additional service. EXHIBIT "A-1" Page 5 of 5 P a fox 3669 19p9pNs 41{Nifil 001 # §TAPb6§ GQRPSf§ gmkif6fl T €k H 116N-AA91 fAX 661/644:4419 �t76SiR866f}AB1Ai� &Blil c EXHIBIT "A -2" rage 1 of 1 sloe .. ASSOCIATES i.L£ SCHEDULE DAY DAVE ACTfV TY - - Wednesday 20 March 2013 Begin Preliminary Design Phase _ _ - - -- ..... ........ �sign.Mert�orandum- Submiss €en - - _ -- -- - ridey City Review Meeting Monday 06 May 2013 Begin Design Phase Friday 74 ,lone 2013 1009A Design Review Su hmmsion Friday 28 June 2D13 City Review Meeting Monday 15 July 2013 Final Design 8ubm €ss €orf Monday (2) 1 AiWartisa fnr Alas P a fox 3669 19p9pNs 41{Nifil 001 # §TAPb6§ GQRPSf§ gmkif6fl T €k H 116N-AA91 fAX 661/644:4419 �t76SiR866f}AB1Ai� &Blil c EXHIBIT "A -2" rage 1 of 1 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AfE 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 -- ant •il -a - 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 requires/ Per occurrence - aggregate on all-certificates COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including; 1. Broad Form . 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired - Non -owned vehicles PROFESSIONAL LIABILITY including: $1,000,000 per claim / $2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1. Errors and Omissions of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 500,000500,0001500,000 EXH1B1T "B" Pa e 1 of 3 K1Enginewing Oa1aExchangakC19rissaJWUb1ie Health & Sarety%E12111 - Animal Control Remodel and kngicvem@rWAE CONTRACT chuck anaslosW EXHIBIT 8 INDEMNIFICATION - OOT 2010.d= 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- prompUy -- 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 tcy 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 784699277 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. " CEH BBIT "B " Fa Oe 2 of3 K,,1Engineering DatmExchangelClarissaJ%Public HeaUh g Safety5E12711 - Arimal Contra Remodel and ImprovetnentME CONTRACT chuck anasiosl4 Eim1B1T B INDEMNIRCATION - OCT 20101acx H. Within five (5) calendar days of a suspension, cancellation, or non- renewal of coverage` Successfui 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. f=ailure 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 -o paEirt� am�nrSerx�erats -to ttie extant arad- within e- c he {efn-- ..------ ...__..__ . — - required-, -the - City -shall -have the- right -tci order CoFTS- ultant- ta"Stop wd-rk' hereunder-, arid/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstra t es 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 46BYP Pa e3of3 KAEngmee6og DaiaFxchangeMNEirissaiTuhlle Heallh 85alelyW12111 - Animal Control Remodel and ImprowemenlsSAE CONTRACT chuck anastosM EXHIBIT 9 I14r)EMNIFICATION - OCT 2010.docx w a 0�� a M NM Q Q 4 aV �r Q� cS73 -o m N ooaoQ° �i coo❑ 01 .y t pA a- clo0 o �o c w z o LU 06 Q G N V9 z IL w .v Z J CL U wZ 4 C 0 U 0 � 0�� a M N Q Q 4 O� �r Q� cS73 T m N ooaoQ° coo❑ pA clo0 10 ouan00 0 �ioo ❑Q m ©o 64 t�OCa � �o ��oc�a p °c'Ammm� �°OOU°3 0 e°�l 6W ° ©,°n°oLO °caN�O ©ti ntii. cm O N W im- m m N oooa� dp ❑d N �N c°V �- T °o 'n o ° ° Sao oa ua o N � i N tl N � SSA •� V N (� 41 KO N N a. O H W c� d ois �U m z- p f!j rn O ."ti. co_ A Q F 0 0 10 d Q D a(D N �tS V' 'rA °t Ja an aom0ru a0. _ =aov3cn ca (2 °- EXHIBIT "G" Pa e 1 of T SUPPLIER NUMM TO BE ASSIGNED BY-U Y PURCHiASING DIVISION City of CITY OF CORPUS CHRISTI Corpus Chr-iSti DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seekin to do business with the City to provide the following information. Every question must be answered. Ifthe question is not appli_c_able, answer with "NA". reverse side # or Fii _ -- __..._m$_ lequlreme�s . Certiicatzons_,ad --- .. - - -- ._._ _._.. ..._.. e�lnitlons ..... . ............. ... - - -.. .._.... _ - ...... ... _ . _.. - - - . _ ._ ..._ ... .. _ .. . . COMPANY NAME; Chuck Anastos Associates, LLC P. O. BOX: 3$83 STREET ADDRESS: 901 South Staples Street CITY: Corpus Christi ZIP: 7$463_3883 FIRM IS: 1. Corporation 2, Partnership x 3. Sole Oilier 4. Association ❑ 5. Other 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_ .ornployee of the City of Corpus hristi having an "ownership interest" constituting 3% or more of the ownership in the above reamed "firm." Name rob 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 "D" Pa ellof2 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)] 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 requ ed; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texa s c anges occur. Certifying Person: Chuck Anastes, A. x. A. (Type or Print) Signature of Certifying Person: Title: President Date: 0 DEFINITIONS a.. "Board member." A member of any board, commission, or e0mmitt6e appointed by the City Council of the City of Corpus Christi, Texas. b, "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general, or a substantial segment thereof. C. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. e. "Official." The Mayor, members of the City Council, City 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 `D" Pagel of 2 DATE: March 4, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 Action Item for the City Council Meeting of March 26, 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 Contract for Professional Serviceg Hike and Bike Trail Development Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Martinez, Guy & Maybik, Inc. of Corpus Christi, Texas in the amount of $185,540.00, for Hike and Bike Trail Development for design, bid, and construction phase services BOND ISSUE 2012. PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Martinez, Guy & Maybik, Inc. for Hike and Bike Trail Development. BACKGROUND AND FINDINGS: The scope of this project includes the design and construction of hike and bike trails along Schanen Ditch from Wapentate Drive to Saratoga Boulevard and along Bear Creek Ditch from Yorktown Boulevard to Oso Creek Parkway, providing off road recreational trail experiences and creating connectivity between parks, public spaces and residential areas. This project will bring continuity and greater connectivity to the City Hike and Bike Trail System. This project will connect to the first segment of the Hike & Bike Trail that is currently being designed under the Bond 2008 project the from Yorktown Boulevard to Wapentate Drive. Martinez, Guy & Maybik, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. ALTERNATIVES: 1. Execute the Contract for Professional Services with Martinez, Guy & Maybik, Inc. as proposed. 2. Do not execute the Contract for Professional Services with Martinez, Guy & Maybik, Inc. as proposed. K:IENGINEERING4LEGISTARWARCH 191HIKE & BIKFWEM0 - HIKE AND BIKE.DOCX OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. Martinez, Guy & Maybik, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY I NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ 0oeratina.- a Revenue X Canital n Nnt annlirahh- Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $375,000.00 $1,125,000.00 $1,500,000.00 Encumbered /Expended Amount This item $185,540.00 $185,540.00 Future Anticipated Expenditures This Project $189,460.00 $1,123,040.00 $1,312,500.00 BALANCE 0.00 $1,960.00 $1,960.00 r- miuks). raiKS and Recreaton tsono issue zuiz Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $185,540.00. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services Martinez, Guy & Maybik, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract K:IENGINEERINGSLEGISTARIMARCH 194NIKE & HIKEWEMO - HIKE AND 91KE.DCCX PROJECT BUDGET ESTIMATE Hike and Bike Trail Development (Project No. E12116) Bond Issue 2092 PROJECT FUNDS AVAILABLE: Park and Recreation Bond 2012 $1,500,000.00 FUNDS REQUIRED: Construction (preliminary estimate) ........................................... ............................... 1,022,727.27 Contingency(10%) ....................................................... ............................. .. ....... 102,272.73 Design Fees: Engineer (Martinez Guy and Maybik) ...................................... ............................... 985,540.00 . Geotechnical Study and Testing ( TBD) .................. ............................... 30,000.00 Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... $ 22,500.00 Engineering Services (Project Mgt/CDnstr Mgt/Traffic Mgt Services) ............................... $ 120,000:00 Finance......................... .. :.................................................. ....... ........................ $ 7,500.00 Misc. (Printing, Advertising etc.) .....:.......... .......................... ................................... $ 7,500.00. TOTAL.................................:............................................ ............................... $1,498,040.00 ESTIMATED PROJECT BUDGET BALANCE ............................. ............................... $1,960.00 Hike and Bike Trail CITY COUNCIL EXHIBIT Development CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES (Bear Creek Trail) PAGE: 1 of I File : \ Mproject \councilexhibits \exhE12116b.dwg Hike and Bike Trail CITY COUNCIL EXHIBIT Development CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT of ENGINEERING SERVICES (Schanen Trail) PAGE: 1 of 9 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 MartinezGuy & Maybik, Inc,, a Texas corporation, 6000 S. Staples, Suite 207, Corpus Christi, Nueces County, Texas 78413, (Arch itectlEngineer — A!E), hereby agree as follows: 1. SCOPE OF PROJECT Hike and Bike Trail Development ( Proiect No. E121 M BOND ISSUE 2012 -- The scope of this project includes the design and construction of hike and bike trails along Schanen Ditch from Wapentate Drive to Saratoga Boulevard and along Bear Creek Ditch from Yorktown Boulevard to Oso Creek Parkway, providing off road recreational trail experiences:and creating connectivity between parks, public spaces and residential areas. This project will bring continuity to a currently disjointed and segmented trail system, 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -'I ", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services, A/E services will be "Services for Construction Projects (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to 'the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The AfE. 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 preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may Contract for Engineering WE) SerVices Page 1 of 4 K 1ENGINEERINC DATAEXCNANC3EICLARISSA i1PARK3\E 12116 -HIKE AN4 BIKE TRAIL DE VELOPMENTSCONTRACT - MARTINEZ GUY & MAY81K11 CONTRACT PROFESSIONAL SERVICES DOG 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 directthe A/Eto 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. AIE 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 Exhibit "A ", for providing services authorized, a total fee not to exceed $1$5,54000, (in numbers), One Hundred Eighty Five Thousand l=ive Hundred Forty Dollars and Zero Cents (in words). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record.. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E ag Tees that at least 75 %0 of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area ,(MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside.the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract, to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the AfE is a partnership, then in-the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. Contract for Engineering (No Services Page 2 of 4 KIENGINEEAING DATAEKC HANGEICLARIS$NkPARKS1E12116- HIKE AND BIKE TRAIL DEVELOPMENT�CONTRACT - MARTINEZ GUY & MAYBIMI CONTRACT PROFESSIONAL SERVICUMOC In The City will not pay the fees of expert or technical assistance and consultants unless such . employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole-property of the City, may not be used again by the AIE without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be . signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 171'12, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS- CHRISTI Oscar R. Martinez, Date Assistant City Manager RECOMMENDED Daniel `kiles, P. E., Date Director of Engineering Services APPROVED AS TO FORM Office of Management and Budget ATTEST Date Armando Chapa, City Secretary MARTINET, GUY & MAYBIK, INC. icardo Martinez, President. 6000 S. Staples adite 207 Corpus Christi; T 78413 (361) 814 -3070 Office (800) 663 -6510 Fax ichae Director of Barks and Recreation Contract for Engineering (A/EJ Seruces Page 3 of 4 KIFNGINEEFUNG SERVICES DOC EICLARISSAJIPARKS1E12116 -HlKE AND BIKE TRAIL DEUELOPMERTkCONTRACT - MARTINEZ GUY & MAYBIKIL1 CONTRACT PROF6SSIQNAL $ERVICES_DOC Department I Fund Source No. Parks and Recreation I 550950 - 3293 - 00000- E12116 Encumbrance No. '�ItiY3 MAR a ae±3 f 40 Amount $185,540. ENTERED FEB 25 2013 CONTRACT MANA(iEfl�t Contract for Engineering (AIE) Services Page 4 of 4 KSENGINEERINGDATAEXCHANOEICLARISSAIIPARKS4E121i6- HIKEANOBIKETRaILO LOPMENTMCONTRACT- MARTINEZGUY &MAYDIMGONTMT PROFESSIONAL SERVICES.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Hike & Bike Trail Development (Project No. El 2116) I, SCOPE OF SERVICES A. BASIC SERVICES- For the purpose of this contract; Preliminary Phase may include Schematic Design and Design Phase services may include Design Development; as applicable to Architectural services Prelim_ inary Phase. The Architect /EngineerAlE (also referred to as Consultant) will; a) 'Prepare PowerPoint presentation in City fornat for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting c) Provide scope of geotechnical testing requirements to the City's Geotechniical Consultant. d) - Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area e) Develop preliminary requirements for utility relocations replacements orupgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f) Develop preliminary street crass section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections. g) Identify right -of -way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. 1) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems, Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) ldentify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 -25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic - level exhibits and computer models or other applicable supporting documents required ' per City Plan Preparation Standards Contract Format (CPPSCF).Engineerind Letter Report to include. EReevilsed BIT "A" e 1 of 9 vember 13, 2012 K \Engineering galaEzchangelClerisseJPstks1E12116 -Hike and Bike Trail Development%ontracl- MarlinecGetq g Maybilrl2 EXHIBIT LARGE AE- E12116.doc I . Provide a concise presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right -of- way requirements, conformance to master plans, identification, of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDSG, USPS, CCISD, community groups, TDLR, etc. 5. Provide an analysis on project impacts towards ere- engineering" and effects on cost savings toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specifications. P) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Latter Report. r) Assimilate all review comments of the Draft Engineering Letter Reportand provide one (1) set of the Final Engineering. Le'tter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction, S) Assist City in presenting summary of ELR findings to City - appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare Powerpoint presentation, handouts and exhibits for meeting. Provide follow -up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from. City Engineering files), b) The preliminary budget, specifying the finds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files) d) Field location of existing city utilities. (A/E to coordinate with City Operating Department. e) n, Applicable Master Plans and GIS mapping are available on the City's website f) Provide bench marks and coordinates. The records provided for A /E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and a__n /Y for the intended purpose of this project. "n Unauthorized use or distribution of the records provided under this contract is strictly prohibited, 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements K:VEngineering DaiaExchangeSClari5s &JkParkskE12116 - Hike and Bike Trail DevelepmerMunirad EXH1131T `rA'r Page 2 of 9 Revised November 13, 2012 MaWnw Guy & MeybikV2 EXHIBIT A LARGE AE- E12116.doo b) Provide assistance to identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under additional services). c) Prepare construction documents in City standard format for the work identified in the approved E LR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits: include standard City of Corpus Christi detail sheets as .appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 24 "x 36" plan sheets that can be reduced to 11 "x 17 ". 1, Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings, e) Furnish one (1) set of the interim plans (60% submittal - electronic and full -size hard copiesi using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected frandiise utilities. 1. Required with the interim plans is a "Plan Executive-Summa ' which will identify, and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold,.Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. 'Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide.one (1) set of the pre -final plans and bid documents (90% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. h) Hold-Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to,attendeeswithin five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and Specifications, and advise City of responding and non - responding participants as appropriate and, upon Notice:to Proceed. i) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. j) - Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual ro eri .of the City of Cor us Christi and the Consultant. The Cityagrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer priorto re -use of modified plans. k) Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the interim, pre final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions ordesian submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City_Fnaineer or EXHIBIT "N' Page 3 of 9 Revised November 93, 2012 K:1Engfneering Data ExchangelCFarissaJYParkslEial t6 -Hike and Bike Trail DavelopmentlContracl - Martinez c�,y g Maybikl2 EXHIBIT A LARGE AE- E12f%doa 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. m) Provide copy of contract documents along with appropriatefeeto Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additiond Services), The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide the City's standard specifications, standard detail sheets, standard and" special provisions, and forms for required bid documents. 3. Sid Phase. The AIE will: a) Participate in the pre -bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. C) Review all pre -bid questions and subnissiont concerning the bid documents and prepare, in the City'sformat, forthe Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes priorto bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of1he contract e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the .Engineering Services in accordance with the AIE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare PowerPoint presentation in City format for City Council Meeting. The City staff will a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the AIE) any addenda, prepare and supply bid tabulation forms, and conduct bid opening C) Receive the Engineer's recommendation , concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase, The AIE 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, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. EXHIBIT "A" Page 4 of 9 Revised November 13, 2012 K:1Engoearing DataExchangalCierissaJlPaUXE12116 • Hke and Bike Trail Devetopm9nnonimcl • Martinez Guy & Maybik%2 EXHIBI7 A LARGE AE. E1211B,doc 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; 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) Attend final inspection with City' staff and provide the City with a Certificate 'of Completion for the project upon successful completion of the project h) Review.C.ontractor- provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two,(?) months of final acceptance of the project. All drawings shall be CADD- drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file, Attribute data will be provided in ASCII format in tabular form. Ali electronic data` will be compatible with the City GIs system. The City staff wilt: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included. as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services, l=ees for Additional Services are an allowance for potential services to be provided and will be negptiated by the Director of Engineering Services as required. The AIE shall., with written authorization by the Director of Engineering Services, perform the following:: Permit Pre aration. Furnish the City all engineering data and documentation necessary for all required permits. The AIE will prepare this documentation for all required signatures. The AIE will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a, Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDOT utility and environmental permits, multiple use agreements C. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permit/Amendments (including SSG, NOi NOT) f_ Texas Commission of Environmental Quality (TCEQ) Permits /Amendments g. Nueces County h. Texas Historical Commission (THC) i. U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USACE) EXH[B!T "A" Page 5 of 9 Revised November 93, 2012 K:tEngineering Oe EaExctmvW%ClarissaJ%ParkskE92116 - Hike and Bike Trail 1Jeva1opmnnllConlrad - Martinez Guy & Maybikl2 EXHIBIT A LARGE AE- E12116.doc K' United States Environmental Protection Agency (USEPA) I. Texas Department of Licensing and Regulation (TDLR ) M. Texas General Land Office (TG LO) n. Other agency project-specific permits 2. Right-of-Way ROW Accigisitibn Surve . All work must comply with Category 4-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work most be tied to and in conformance with the City's Global Positioning System (GPS) control network All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right -of -way widths. b) .Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW, AfE must obtain Preliminary Title Reports from a Iota title company and provide copies of the title reports tothe City:Preliminary Title Report shall identify title ownership andany title encumbrances to all rightof- -way to be acquired. c) Provide a preliminary base map containing apparent ROW, which will he used by the AIE to develop the proposed alignment and its position relative to the existing and proposed ROW, This preliminary base map must show lot or property Imes, land ownership and addresses as per appraisal district records. Topographic Survey. and Marcel DescriRtions 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. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control b) Establish both primary and secondary horizontallvertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance, d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor- applied— i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soillpavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by thir6parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design, 1) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate ERevised IT "A" e 6 of 9 vember 1 3, 20f2 KVEngineadng 6alaExchangetClarirGa3 1Pwks1E12116 - Hike and Bike Trail DevelopmenhCanlracl - Wrlinez Guy & Mdybikl2 EXHIBIT A LARGE AE- E12116.doc parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information onlyAll existing easements within the parcels to be acquired and those within adjacent parcels must be shown. m) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements.A strip map showing all parcels required will be submitted along with parcel descriptions Additional fees may be required in resolving boundary conflicts between Owners. A/E shalt submit parcel maps and legal descriptions prior to the 60% submittal. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Public Involvement.. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, powerpoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation a) Provide- subsurface utility engineering in accordance with ASCE Standard "ASCE C- I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not linhited1to, hydro - excavation. The proposed subsurface .utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavatorto perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Qua €€ty Level A involves the use of nondestructive digging equipment at critical points to determine, the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and anelevation will be obtained to the top of the utility. €i) Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this informationwith existing utility.records.) These utiiitieswill be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water — Storm waterfacilities within the project limits will be located to Quality Level C. Locations will be Lased on the surveyed locations of accessible storm -water manholes and drainage inlets. iv) Wastewater— Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction- related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. EXHIBIT "A" Page 7 of 9 Revised November 13, 2012 KAEngineering OataExehango"arismJWarks1E12116 - Hike and Bike Trail GeveWprnerdlCantrad- Martinez Guy & Maybikl2 EXHIBIT A LARGE AE. E12116.dw A) Gas — Gas facilities within the project limits will be located to Quality Level C by the AIE. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility'iines during construction. 7. ' Construction Observation Services. To Be Determined 8. Start -up Services. Provide on -site services and verification for all start -up procedures during actual start -up of major Project components, systems, and related appurtenances if needed and required. 9.. Warranty Phase. Provide a maintenance guaranty inspection toward the endof the one - year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement underthe 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 priorto 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 W., Note-. The Exhibit 'A -1" Task List does not supersede Exhibit RR. II. SCHEDULE Date Activit March 26, 2013 NTP Jul 9, 2013 Draft ELR submittal July 23, 2013 City Review Au ust 13,2013 Final ELR submittal November 12, 2013 60% Design Submittal November 26 2013_ City Review January 28, 2014 100% Final Submittal March 3, 2014 Advertise for Bids March.l4, 2014 Pre -Bid Conference March 19, 2014 Receive Bids April 22; 2014 Contract Award August 4, 2014 Be in Construction Au ust 3, 2015 Corn lete Construction Ill. FEES A. Fee for Basic Services. The City will pay the AIE a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services, The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and EXHIBIT "A" Page 8 of 9 Revised November 13, 2012 K:1Engheering DataExcha ngelClarissaJ4Parks1E12116 • Hike and 8ke Trail DevelopmenllConlracl - Martinez Guy & MaybIId2 EXHIBIT A LARGE AE- E12116_dce appropriation of funds. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to AIE's monthly statements. B. Fee for Additional Services.- For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not-to-exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary . Phase $26,120.00 2. Design Phase $71,940.00 3. Bid Phase $6,620.00 4, Construction Administration Phase $21,040.00 Subtotal.Basic Services Fees $125,720.00 Additional Services Fees (Allowance) 1. Permit Preparation $14,720.00 2. ROW Acquisition Survey 3. Topographic Survey None Anticipated $22,720,00 4. Environmental Issues $1,920.00 5. Public Involvement 6, Subsurface Utility Investigation $5,080.00 $12,980.00 7. Construction Observation Services To Be Determined 8, Start-up Services Not Applicable 9. Warranty Phase $2,400.00 Sub -Total Additional Services Fees Authorized $59,820.00 Total Authorized Fee $185,540.00 EXHIBIT "A" page 9of9 Revised November 13. 2012 K Wngineering RataExchangelClarissaJlParkslE12116 -Hike and Bike Trait DevelopmentlContract- MariinezG ryAMayblW EXHIBIT A LARGE AE- E42116.doc EXHIBIT "A -1" TASK LIST (Provides supplemental description to Exhibit 'W. Exhibit "A -1" Task List does not supersede Exhibit "A. ") CITY OF CORPUS CHRISTI, TEXAS Hike &- Bike Trail Development (Project No, E12116) The scope and fee presented herein, and on Exhibit 'Ware based on the following: Project Budget: $1,500,000.00 Estimated Construction Budget: $1,200,000 Basic Services: 1) Project limits include: Schanen Trail- From Wapentate Drive to Saratoga Boulevard along Schanen Ditch, Bear .Creek Trail- From Yorktown Boulevard to Oso Creek Parkway along Bear Creek Ditch. 2) Contact Texas Excavation Safety System, Inc. (TexasSl 1) to locate existing private and/or. City utilities in the field, and coordinate with appropriate City operating department. 3) Perform field investigation surveys (as authorized by Additional Services) as required to define specific areas of demolition- an .new work along with the applicable parameters required to complete the Engineering Letter Report and Construction Drawings, 4) Attend and participate in project kickoff and planning meetings (3 meetings) with City staff to discuss planning and conceptual design. 5) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. 6} Prepare one (1) hard copy and one (1) electronic copy of the Draft Engineering Letter Report including all pertinent information as described in Exhibit "A ". 7) Review with City staff, revise, and furnish one (1) hard copy and one (1) electronic copy of the Final Engineering Letter Report, and obtain approval to proceed to Design Phase. 8). Participate with staff at one (1) public information meeting (as authorized by Additional Services). Prepare exhibits as required to illustrate scope of proposed improvements. EXHIBIT "A -'I" Page t off) Revised April 2010 K:4Engineering DmExchangetCleNssaJWaftIE12156 -Hike and Bike Trail DavetopmerMCcnlrac1- MSMinaz Guy & Maybk,3 EXHIBIT A -1 TASK LIST LARGE AE. F12116.dcCx 9) Perform the engineering design of all improvements on the project, including the horizontal and vertical alignments of the trails, drainage and grading improvements, and other trail amenities such as shade structures, benches, and kiosks in compliance with the Parks, Recreation and Open Space and the Community Hike and Bike Trail Master Plans; as determined to be part of the project per the planning meetings with City Staff. 11) Develop construction drawings in English units in 22" x 34" sheets, including but not limited to, the following (as required for this project): • Title Sheet! Vicinity Map • Project Location Map • General Notes and Testing Schedule • Estimated Quantities Summary • Demolition/ Removal Summary * Existing Utility Basemaps (Water, Wastewater, Storm Water and Gas) • Drainage Area Map • Hydraulic and Hydrology Sheet(s) Grading Plan • Trail Plan & Profile • Storm Water Plan & Profile (as needed) * Storm Water Structure Improvements (as needed) • Storm Water Details • Sidewalk Details * Curb Ramp Details • Pavement Marking and Signage Plan + Pavement Marking Details + Waterline Plan & Profile (as needed) * Waterline Adjustments • Waterline Tie -in Sections • Waterline Details + Landscaping Plan (as needed) • Landscaping Details (as needed) • Irrigation Plan (as needed) • Irrigation Details (as needed) • Lighting Plan (Conduit Only) * General Traffic Control Notes and Construction Sequencing • Traffic Control Plan • Traffic Control Sections • Traffic Control Miscellaneous Details • Barricade and Construction Standards • Storm Water Pollution Prevention Plan (SWPPP) • Storm Water Pollution Prevention Plan (SWPPP) OutFall Plan [EXHIBIT CIA--j„- Page 2 of 6 FRev1s,edApN12010- KlEngineerirkg UataExchange1CtaAsSWP8ft1E12116 - Mike and Bik4 trait DenelopmentTorrtrw _ Martinet Guy & MsybiW EXHIBIT A -1 TASK LIST LARGErE- E12116.doex + Storm Water Pollution Prevention Details + Storm Water Quality Management; Plan • Miscellaneous Details + City of Corpus Christi ADA Standards 12) Prepare. opinion of probable construction costs including contingency amounts. 13) Prepare Special Provisions, Specifications and Forms of Contracts and Bonds to include: • Title Page + Table of Contents • Notice to Bidders + Notice to Contractors —A • Notice to Contractors —B + Part A— Special Provisions * Part B— General Provisions • Part C— Federal Wage Rates and Requirements + Part S— Standard Specifications • Part T— Technical Specifications (if required) • List of Drawings + Geotechnical Report (by others) + Notice + Agreement + ProposallDisclosure Statement - + Performance Bond • Payment Bond 14) Provide Quality Control /Quality .Assurance (QC /QA) interim review and prepare submittal for City's review depicting pre -final development of the contract drawings and specifications. 15) Address comments received from the City for the pre -final submittal. 16) Provide Quality Control /Quality Assurance (QC/QA) final review and submit one (1) reproducible hard copy of the. final contract drawings and specifications to the City for bidding process. 17) Update the opinion of probable construction costs. 18) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). EXHIBIT 11 1" Page 3 of 6 Revised A ril 2010 KAEnginaering Da' aEuchangelGariss2tJ4parks1E12116 - We and Bike Trail Davefapmenk%GOnuact_Marturez Guy & MaybiMS EXHIBIT A -1 TASK LIST LARGE AE. E12116.docx 19) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 20) Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 21) Prepare monthly progress reports for submittal to the City. Monthly progress reports shall be submitted by the 5th of each month. 22) AIE will coordinate with City and AEP for lighting conduit locations and pole relocations. Conduit for future City MIS will not be included. Additional Services: PERMITTING 1) Upon receiving. authorization from the City to proceed, furnish to the City..all engineering data and documentation necessary for all required governmental permits as needed to complete the project. 2) Prepare and submit permit applications and associated fees to the appropriate authorities required to complete the project. RIGHT OF WAY ACQUISITION None anticipated TOPOGRAPHIC SURVEY 1) Research horizontal and vertical controls. 2) Pre -plan control survey. 3) Set control points in the field. 4) Establish vertical control points (bench marks) and perform level loops 5) Establish horizontal control on control points by traverse. 6) Perform topographic survey within project limits to'be improved. Survey will include all topographic features within the survey limits plus a minimum of 50 linear feet along crossing streets 7) Cross - section existing drainage ditches within project limits at 100 -ft. intervals. 8) Locate and tie -in tract boundaries. 9) Locate and tie -in known utilities and structures. EXHIBIT "A -9" Page 4 of 6 Revised ri12010 K:SEngineering RaiaFxclrangeSClarissaJ %Palks1E12116 -Hike and Eke Trail OevelopmenRCC"raal -Martinez Guy & May6k13 EXHIBIT A -1 TASK LIST LARGE AE- E12116.docx 1.0) Download raw survey field data, copy field notes, reduce data and check results. 11) Prepare AutoCAD drawing of topographic survey. ENVIRONMENTAL ISSUES 1) .Identify and develop a scope of work for any testing, handling, and disposal of hazardous materials and/or contaminated soils that may be discovered during - construction PUBLIC INVOLVEMENT PRASE 1) Assist the City in preparing notices, handouts and exhibits for public information meeting. 2) Assist the City in conducting the public information meeting. 3) Assist the City with follow -up and response to citizen comments. 4) Revise contract drawings to address. citizen comments, as directed by the City. SUBSURFACE UTILITY INVESTIGATION Upon receiving authorization from the City to proceed, provide Subsurface Utility Engineering (S.U.E.) at sufficient locations to identify underground utilities. It is anticipated that up to 10 bore holes.will be required to identify the underground utilities associated with this project, Subsurface Utility Engineering (S.U.E.) will be in accordance with "ASCE Standard C -I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data ", and shall be in accordance with Section a under Additional Services in Exhibit. "A ". CONSTRUCTION OBSERVATION SERVICES Scope and fee to be.determined START -UP SERVICES Nat applicable WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one -year period after acceptance of the project. 'Note defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City EXHIBIT "A -1'° Page 5 of 6 Revised A rig 2010 E1211ineerirgr OafaExchangolClariasa ,f}perks1E12416 -Hike and Bike Trail i]eve]opmenlLGanlraq. f�ginez Guy & Msy6ikh3 EXHIBRA -i TASK LIST LARGEAE Ej2lifi.docx staff of the locations and conditions requiring action. EXCLUSIONS Specifically Excluded from Scope and Budget (to.be investigated during the Preliminary Engineering Phase to possibly be included in the Final Design) The following tasks and project elements are currently not included in the project scope of work, project budget, and MGM's engineering fees: T) Sanitary sewer design. 2) Budding design (restrooms). 3) Illumination design. 4) Offsite storm water, wastewater, and waterline improvements. EXHIB[T "A -V Page S of 6 Revised A ril 2010 K Engineering UalaEzchangelClanssaJTerks5E12116 - FUke and 81ke Trail Developmen0.Canlraal- Martinez Guy & MaybW3 EXMI$IT A -1 TASK LIST LARGE AE- E12116.daeX EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AfE 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 Fora 2. Premises - Operations 3: Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors MINIMUM INSURANCE Bodily Injury & Property Damage Per occurrence - aggregate $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included 1$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 I. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' LIABILITY $1,000,000 per claim 1$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 lspalel&3 BIT "B" IClEngineering Da[ aExchangelClarissajSPark51E12116 -Hike and Bike Trait DevetupraeMlCanlraai - Martinez Guy 8 MaybikW EXHIBIT B INDEMNIFICATION -OCT 2010.dooi 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: Disk 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: Dame 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. szlcel IT "B" 2of3 KAE nginearing DataExchangelClarissaAParkslE 1211 B -Hike and Bike Trail OmtopmenNConlrecl - Martlrraz Guy & INayblkl4 EXHIBIT B 1N DEMNIFICATION - 201 D.dacx OCT 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 KFERgirkeernD baler :xoange{ClarissaAperks1E42116 -Hike and Bike Trail DevelopmanllConUecl -MH rtjnez Guy & Maybikt4 EXHIBIT B INDEMNIFICATION -OCT 201 Q.doa w a c ,o C Lu +� w ❑ La . ��r . U r W c�i r N I O j .� C IL — 0000 N a z z i; z W 0.2 0 t J C 14 IL 0 c V Z L E a w L C L4 v- c ,o C Lu +� w ❑ La . ��r . U 0000 N a z z i; z W 0.2 0 t J C 14 IL 0 c V Z L E a w L C L4 v- �S r Rai r N a o o o❑ ©O o a s o Ln in H LID to to aa 9 o 0 c c�00a Q ¢ C a E m� 0,Q0 m c ev rp��0c� rz to EA maismUcn Qa. I 4a to r0 1 oaoaa to tAmdF r�oa❑ p�pm8 E8s ra i— F— Iw L W N T O D h fA N O .�- a1 mG m❑ R t0f� '�� 6 G N N r T ,•,�y � G Q Q °Uf! N ❑❑ O Ln N 00 Q 0 iV 0 N O G r lCq i� r O r �- 64 N v c,� ooQ a mom d 0 0 o U) F- © a q {{t`p5 b4 MI N EXHIBIT "C" Pa e 7 of 1 �S 43 ? 9 o 0 c Q ¢ E m� o m c ev rz CL maismUcn Qa. to r0 to tAmdF EXHIBIT "C" Pa e 7 of 1 f if SUPPLIER NUMBER TO BE ASSIGNED BYTn -- PURCEASING DIVISION City of CITY OF CORPUS CHRISTI Corps's Christi DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do busilress with the City to provide the following information. Every question must be answered. If the question is not wlica ie, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Martinez, Guy & Maybik, Inc. P. O. BOX: STREET ADDRESS: 6000 S. Staples St. Suite 207 CITY: Corpus Christi Z11p: 78413 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner 4. Association 5. Other e DISCLOSURE QUESTIONS If additional space is necessar,-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." NU(Job Title and City Department (if known) Ar_ Yv 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," Nam 'Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 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 31/o or more of the ownership in subject above named "firm." NaTj Consultant EXHIBIT "D" Page I of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action, will carifer 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 mid correct as of the date of this statement, that I have blot 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: R (T. Signature of Certifying Person: a. "Board member." A member of any board, comtnission, 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- t6e 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 ar 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 `fD" _-Page 2 of 2 DATE: March 1, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 Action Item for the City Council Meeting of March 26, 2013 TO: Ronald L_ Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Execute Contract for Professional Services Signs/Signal Operations — New Shop and Office Facility Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Chuck Anastos from Corpus Christi, Texas in the amount of $141,000, for Signs/Signal Operations — New Shop and Office Facility for design, bid, and construction phase services BOND ISSUE 2012 (Proposition No. 3 Service Center Complex Improvements). PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Chuck Anastos for Signs /Signal Operations — New Shop and Office Facility. BACKGROUND AND FINDINGS: This project proposes a new 20,520 SF facility to accommodate warehouselgarage, offices, common spaces, conference rooms, restrooms, and common break room requirements to accommodate Signs, Signals, Markings and Traffic Engineering personnel. This project includes one (1) overhead crane with a 25 -ton rating. This project also includes demolition of the existing sign shop building which is beyond repair. Chuck Anastos of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. ALTERNATIVES: 1. Execute the Contract for Professional Services with Chuck Anastos as proposed. 2. Do not execute the Contract for Professional Services with Chuck Anastos as proposed. OTHER CONSIDERATIONS: This project is one of the Bond Issue 2012 Proposition No. 3 Service Center Complex Improvements approved by the community in the general election held on November 6, 2012. KIENGI N7yERINGILEGISTARIMARGH 1 MIG NS SIGNALSWEM0 -SIGNS SIGNALS.DQCX CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. Chuck Anastos was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY /NON- EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: o Ooeratina n Revenue X C:anitnl n Nnt nnnlir_ahia Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS CIP only) Line Item Budget $2,500,000.00 $0.00 $2,500,000.00 Encumbered /Expended Amount This item $141,000.00 $141,000.00 Future Anticipated Expenditures This Project $2,175,000.00 $0.00 $2,175,000.00 BALANCE $184,000.00 $0.00 $184,000.00 runuks1: ruouc r-aciiiiy krona Issue Lu -iL Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $141,000. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with Chuck Anastos LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PowerPoint KAENGINEERINGILEGISTARWARCH 19OGNS SIGNALSW7=M0 - SIGNS SIGNALS.DOCX PROJECT BUDGET ESTIMATE Signs /Signal Operations New Shop and Office Facility (Project No. E12110) Bond Issue 2012 Future Item March 19, 2013 Action Item March 26, 2013 PROJECT FUNDS AVAILABLE: Bond2012 ............................................................................ ................... ............ $2,500,000.00 FUNDS REQUIRED: Construction (preliminary estimate) ........................................... ............................... $1,704,545.45 Contingency( 10%) ................................................................ ............................... 170,454.55 Consultant Fees: Architect (Chuck Anastos Associates) ....................................... ....:.......................... 141,000.00 Geotechnical Study and Testing ( TBD) ....................................... ............................... 50,000.00 Reimbursements: Contract Administration (Contract Preparation / Award /Admin) ........................................ 25,000.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services). .............................. 200,000.00 Finance. ............................................................................................................. 12,500.00. Misc. (Printing, Advertising, etc.) .............................................. ....... .................... . ... 12,500.00 TOTAL.............................................................................. ............................... $2,316,000.00 ESTIMATED PROJECT BUDGET BALANCE ............................. ............................... $184,000.00 6E 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 78489 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and Chuck Anastos Associates LLC, a Texas corporation, 901 S. Staples, Corpus Christi, Nueces County, Texas 78404, (ArchitectfEngineer — ALE), hereby agree as follows: 1. SCOPE OF PROJECT Signs /Signal Operations — New Shop and Office Facility Project No. E12110 BOND ISSUE 2012 — This project_ proposes Or 20,520 SF facility to accommodate warehouselgarage, offices, common spaces, conference rooms, restrooms, and common break room requirements to accommodate Signs, Signals, Markings and Traffic Engineering personnel. This project includes one (1) overhead crane.with a 25 -ton rating. This project also includes demolition of the existing sign shop building which is beyond repair. 2. SCOPE OF SERVICES The AIE hereby, agrees, at-its own expense, to perform design services necessary to review and prepare plans,. specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the Project.. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. AIE 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 preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the AIE 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 Contract for Engineering (A/E) Services Rage 1 of 3 PROFESSIONAL SERVICES DOC EIVELNIAPISERVICE CENTERWI2110 SIGNS SIGNAL OPS NEW SHOP OFFICE FACILITYICONSULTANT CONTRACT CHUCK ANASTOSII CONTRACT PRQFESSIONAk. SERVICES flOC AIE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit 91B0P 5. FEE The City will pay the AIE a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed 1� 41,000.00,_ (One Hundred Forty One Thousand Dollars and Zero Cents). Monthly invoices will 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 AIE at the address of record. In this event, the AIE will be compensated for its services on all stages authorized based upon AIE and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The 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.) 8. ASSIGNABILITY The AIE 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 AIE staff. If the AIE 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 AIE fee may be assigned in advance of receipt by the AIE 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. 0. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the AIE without the express written consent of the Director of Engineering Services. However, the AIE 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. Contract for Engineering (A!E) Services Page 2 of 3 KTAGINEERING DATAEXCNANMVELMAPLSERVICE CENTEME1211e SIGNS SIGNAL OPS NEW SHOP OFFICE FACKITMONSULTANT CONPRACT CHUCK ANASTOS11 CONTRACT PROFESSIONAL SERVICESAOC M. DISCLOSURE P INTEREST Ali further agrees, irk coMp wMe With City of Carpus Chdst'i Ordina nue No 1711 ,too mptefie, s part'. •vF� }I�EC.,n.4Frv�res.w *. il�� f"1'...s..l:.ror... -.. .� - LL IGSMGItRINGpATACHANGEtVECMi +P44EE2iiC UKtRi27i.4:Sl,ISSGtPA! C3F$' HkVisSHOP. O�F�FAfUiYiCqt fSUZTAN7COAI7RAGTHl3CIStSii)St' PRol`£SSIUtt:5R1i1S L1tC C fl U C AS 5,10:. CAI. f L L C- Dw:Mr. Bum t A:riew wiridstoft piermied Sm4um t6:Sq=wxda* Trwft '&atwS 'em ftft'j. OPOM&M inatid:' A T1.4ft %Wwthn : WY . Sbt (6) Offices: 2nd twa,wnrk an%*,%, uah S. SWns and Mhono to Irt;jude apps dmt. * . ke (4). CrOWS, OM VMrk aft, and..=* 44'o. I to 6 V Q R a COMM MS000ft %M WWMM WW WdWn# m4w.mwe wornM WA bmA worwow lie shomdbir. boih-"Ift. ppw*Ats6t* 2,W tF, D. An overhead hWs4H to $hered b y -boft — Apaturat-gas *M"9WWI08r*MW#A..b040dUded (ax:A6*&%W Pas eWsusteinable,meaurava be hmpoffited whom feasible WW" available "adbudG0f4houbm- I- TOW dortsV. c1b000st �72%)- wftew..Ma 2w M' 00 TOW zm .000,00: to tt►AR. Y1414 praftinerY D"kin Phus (Reforw nuadw emam::Task L", CORP44 0149 MI 010111 a dWital Sfw Plan, from CkIlAff d*=WkV: MOW, and fAx. s*JJ'As*wj Cmy 'Comw C4M. EXHfi3rr "A" pane 1:169ts.. .......... .�tl„ LBII�Id St• bMAW ld ' P VUW UOPYOWN w PON*" M a6oUPUp AMU WM Ps*" Gs OWA+d 1p 3AW Gal 'Z ' � e4 halo �►P l�' 21 A�+edsM am p m us' al vmw Ulm p CIA" Wft MWPGPW Pus 14erams is &Wrgsag mwmjop4 4qp mwdm p all SWAqM aPJcg "Wuoftw eq pl w WM O* wp Pasft i s131 IV MP aioo* armA P Wd ar tau -ft Aq Pfd d "Amur► OW OAMM 0 VqPMNM WP Wm Jed V► sp -(i) saro 4owp=W am �d JOO � s Pe, wM paw Pay NM m ftmb aP @AMP sj UqPtW= GWA ip Jed spa so -iii ow APPWpodb spW moPwPm *on *oi t- ► pimp a Pale CS AVW @MW LqPWWMJ At to Pima Oaf satopePreuauaosJ opw Pale sm WAM IMUND Pl4 Paced • amdad pue strapssnb PIA de aeVAW • 4 � � W ►h�1 ap • . �Maaal�lFasds Paa okwawwmm • Pal OWM Xl IUOP"PgA I RUNWOO UOPMOM MM 8 • Pay a APW AWW Pali Xl WOMW=d8 / omw=oo UWn4K" %W6 *Um • 3awUqPAV= • *WAUMPMawNwJFA%OJW d9 /NWWnMUOpMpM%N • la MW PUN d #OW a ApqPWMd ft" A0 Pow +�I�I %a t P&Uwft GW4 qwwnwp P14 Pal UGPA4N=� d • �po pw#wpwf a • momm PWAW a Pdu >sAelwlp d O O • .tWl1 �l irV 3 Pam Q1 T a�ld Q 'S Compensation for the above - described sen►ices shall be a flat ME fee of One hundred Forty One Thousand Dollars ($141,000.00.) Summary of AE Fees: Fee for Basic Services 1. Preliminary Phase 33,000.00 2. Design Phase 77,000.00 3. Bid Phase 1,000.00 4. Construction Phase 15,100.00 Subtotal Basic Services Fees $126,000.00 Fes for Additional Services 1. Warranty Inspection 1.500.00 2. Preparation of Record Drawing Set 2,000.00 3. Topographic Survey 4,500.00 5. Submission to TDLR 3,500.00 B. Public Art Design Coordination TBD- 7. Landscape & Irrigation Plans 3,500.00 8. Supplemental Engineering ! Construction Observation TBD- Sub Total Additional Services Fees $15,000.00 Total AE Fees $147,000.00 If you find this Proposal acceptable, we will submit the Exhibit A-1 (Task List),. Preliminary Project Cost Estimate, A!E Fee and Time Schedule, and Exhibit 8 Disclosure Form for your use in preparation of the Contract_ We are prepared to commence this Project immediately upon receipt of your appromJ46Woveed. Chuck Anasids, AIA STATOMW OF CERTIFMATrON: The Tams Board of Architac wal Examiners, PO Box 12337. AuSM, Tomas 78711, Tefaphone (512) 3054MM, has iurlsdkzw over complaints regardkrg the p ofm(onal practes of persons registered as arrheas in the State of Texas. MV Proposal Page 3 - 3 City of Carpus Christi Projed #E121 10 EXHIBIT "A" Page 3of3 ftSITO S A T E. 5 . . v EXHIaIT" MKIUST pagoll at 5 Coa Enate details of City pr�Od surrey, of aq"nicat'ine M.9atione eve op and Subrnif 60% Design -Package for Noh 'es �e�ew an ApprO ��iejIverable) EXHiBtT' "Al t Agsitt ownerAn k i VViti b d : ilCd �i 'l c� lal ikirt�# rtfenin+rirri8 if prrajtd bitlg± vOmjok Pam (ors wig stdketh"b .pr ive t civ *-?�4 Lak Revr.?�jn cpec2a t�age-5 of 5: Last Rp �: Pic 2LIFl S' Aum �1 AaC1i1TECTYMil INTERIOR D>j8IOw V 0 ion so@$ CORPUS CNIIIiT1 IOXA6 78446 661 6 OTAILB/ CORIbf CNIIISTi TEXAS 10404 TES, 161/661.4425 FAX $411044-441* clue L anisTOS &130c4A191 L L C Mi " ftewlofl DAY DACE AC.�lil11'Y weamday morft Frift]I 03+PLN3 08 May 2013 17 May 2015 Boonf Md1 811dYm Coy Review y 20 May 2013 Begin Design p!qse Fit 26 J rm 2013 109% DWp R—y— won Fv 12 JWy 2015 City R Morday 29 July 2015 FMW Doelp &&nb*n M"d"'M A&wfiee iar TueMfeffnw POIAM Caffemns �y Receive � mWifty Mi " ftewlofl EXHIBIT i1113" MANDATORY INSURANCE REQUIREMENTS 8 INDEMNIFICATION FOR A/E 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 I MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, non - renewal or material change required COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 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' COMPENSA EMPLOYERS' LIABILITY $1,000,000 per claim 1$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 500,0001500, EXHIBIT "B- Page 1 of 3 ICfEngixceeru�p OmBE�ge1VELAUIPIFORMMCONTRACT PROFESSIONAL SERVICES =012kCONSULTANT CONTRACT FORMSK EXHIBIT B INDEMNIFICATION - OCf 2010.docx 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" Pa e2of3 XTXGWA aWV peter duvogVEUl A"ORMSICON "TPROFESSIONAL SERVICES 8120121CONSULTANTCONTRAcT FoFjaw ExHIeFf B MDEPOIN FICKnON - OGT 2010 .d — 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" Pa e3of3 K%Erv4x ri q RalaExdw ,001VELMAF%FORMSICONTRACT PROFESSIONAL SERVICES 9120121CONU LTANT CONTRACT FOPJ W EXHIBIT 8 woEmNIFICATPON . OCT 2010.docx L pp O \ tQ el 00 o ZR CD N 0 0 0 m C, 0 0 � O M T r M N flS 0 0 0 0 0 a o 0 � v Ll 000 N a c °o_ e°r,_ u �° in D m � a m H L� c �° a � r v C a- .r � a u E d� a� W 69 v u u WNw r 0 0d6O 00 N IZ o 0 IL 41 p� z° W v 0 U �a o a a ors 609 e- m ci n z G V E a L Lo W r i,H C 0 U o CD o \ tQ el 00 o ZR CD N 0 0 0 0 0 � O M T r M N 0 0 0 0 a o 0 ❑ppcs v E 000 N 0 °o_ e°r,_ a �° in D m U m H � �° °o r d� 69 4 Cl 0 0 00 O o 0 0 p� o erg ors 609 m n G L W r i,H r tH 64 69 000040 °a ° ° ❑ ❑ ©a °ou°s o r 0 m ,°ri CM O D w ® N N 1Of9 O�p m m m 'd m e+i N69 •+ r v C4 G O Q ❑ ❑❑ 69- N O N 6R} i��D N LO N ti Offt 0 0 0 0 E N O C N m m N oO r r T .r 691 6R} V} 0 0 °o °a Oa Cl v o ❑❑❑ cam o n o 0 0� w o o H F- H o o °o 0 d3 N CV v i El4 6R? N � U Z m co ei m `� ui N � 0 � -.tea LL CR CL 0 C v,� ¢ c N C❑ w E V O m uRi °� U cn � 3 '�v 4 as aoco mm¢� EXHIBIT "C" Page 7 of 1 31 m '� Z m a �, a m us _ CL o a 2 v E Cor N 0 d a ZO in D m U co U Z m co ei m `� ui N � 0 � -.tea LL CR CL 0 C v,� ¢ c N C❑ w E V O m uRi °� U cn � 3 '�v 4 as aoco mm¢� EXHIBIT "C" Page 7 of 1 SUPPLIER NUMBER TO BE ASSIGNED BY CITY Orm PURCHASING DIVISION at of CITY OF CORPUS CHRISTI M. 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: Chuck Anastos Associates, LLC P. O. BOX: 3883 STREET ADDRESS: 901 South Staples Street CITY: Corpus Christi ZIP: 78463 -3893 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association 8 S. Other DISCLOSURE QUESTIONS If additional 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 d: SIGNS /SIGNAL OPERATIONS - CITY COUNCIL EXHIBIT ORE NGCHRISTI, s NEW SHOP AND OFFICE FACILITY DEPARTMENT ENGINEERING PAGE: 1 of 1 — _ DATE: February 19, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 Action Item for the City Council Meeting of March 26, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services daub @cGtexas -com (361) 826 -3729 Execute Contract for Professional Services Health Department .Building Parking Lot Bond Issue 2012 CAPTION: Motion authorizing the City Manager, or.designee, to execute a Contract for Professional Services with. Urban Engineering from Corpus Christi, Texas in the amount of $64,200.00, for Health Department Building Parking Lot for design, bid, and :construction phase services BOND ISSUE 2012 (Proposition No. 6 Public Health Improvements). PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with Urban Engineering for Health Department Building Parking Lot. BACKGROUND AND FINDINGS: This project proposes the replacement of approximately 60,000 SF of asphalt drives and parking lots and approximately 10,000 SF of concrete sidewalks throughout the facility. This project also includes modifications to the dumpster area and replacement of 8 light poles. Urban Engineering of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012 -03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. 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: This project is one of the Bond Issue 2012 Proposition No. 6 Public Health Improvements approved by the community in the general election held on November 6, 2012. KAENGINEERINGILEGI5TARIMARCH 195HEALTH DEPT BLDGXAGENDA- HEALTH DEPT BLDG.DCCX CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. Urban Engineering was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY I NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Health Department FINANCIAL IMPACT: ❑ Ooeratina ❑ Revenue X C nnitnl n KIM nnnlirahla Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS CIP only) Line Item Budget $130,000.00 $450,000.00 $600,000.00 EncumberedlExpended Amount This item $64,200.00 $64,200.00 Future Anticipated Ex Expenditures es This Pro �ect $85,800.00 $431,700.00 $517,500.00 BALANCE $0.00 $18,300.00 $18,300.00 Ul iuka1. rULP11 , ntlafLI I anU OdlfdLy MUHU ISSUe LUl L Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $64,200.00. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with Urban Engineering. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract KAENGINEERINONLEGWARWARCH 19WEALTH DEPT BLDGIAGENDA- HEALTH DEPT HLDG.DOCX PROJECT BUDGET ESTIMATE Health Department Building Parking Lot (Project No. E12125) Bond Issue 2012 PROJECT FUNDS AVAILABLE: Bond2012 .................................................................... ............................... $600,000.00 FUNDS REQUIRED: Construction (preliminary estimate) ................................... ............................... 409,090.91 Contingency(10%)... ..... .........• - -- ..---....._........................ ..--- .......................... 40,909.09 Design Fees: Engineer (Urban Engineering) ........................................ ............................... 64,200.00 Geotechnical Study and Testing ( estimate) ..... ............................... I................... 7,500.00 Reimbursements: Contract Administration (Contract Prepa ratio n/Awa rd/Admin) . ............................... 6,000.00 Engineering Services (Project Mgt/Constr MgtlTraffic Mgt Services). .".... - .............. 48,000.00 Finance........................................................ ........................... . . .. .............. 3,000.00 Misc. (Printing, Advertising, etc.) ....................................... ........ ....................... 3,000.00 TOTAL...................................................................... ............................... $581,700.00 ESTIMATED PROJECT BUDGET BALANCE ..................... ............................... $18,300.00 HEALTH DEPARTMENT CCORPUSCOUNCIL ExxrBrr CITY Y OF CORPUS CHRISTI, TEXAS BUILDING PARKING LOT DEPARTMENT OF ENGINEERING SERVICES PAGE: 9 of 9 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES r ' �.k4 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 corporation, 2726 Swantner Dr., Corpus Christi, Nueces County, Texas 78454, (ArchitectfEngineer — AIE), hereby agree as follows: 1. SCOPE OF PROJECT Health Department Building Parking Lot (Project No. E12125) BOND ISSUE 2012— This project proposes the replacement of approximately 60,000 SF of asphalt drives and parking lots and approximately 10,000 SF of concrete sidewalks throughout the facility. This project also includes modifications to the dumpster area and replacement of 8 light poles. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design 'services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress ordelays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit 'W' and "A -1 ", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering'Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. Contract for Engineering (AIE) Services Page 9 of 3 K- (ENGINEERING DATAEXCHANGE44NGIEMIPUBLIC HEALTFRE12125 HMTH DEPT BUILDING PARKING LOW CONTRACT PROFEMONAL SERVICES.DOC 9 The Director of Engineering Services may direct the AIE 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. AIE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE AIE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City'will pay the AIE a fee, as described in Exhibit "A ", for providing services authorized, a total -fee not to exceed $64,200-00, (Sixty Four Thousand Two Hundred Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit 56C 15. . 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the -AIE at the address of record. In this event, the AIE will be compensated for its services on all stages authorized based upon AIE and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL_ PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The 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 26% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) B. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obi igations 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 AIE staff. If the AIE 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 AIE fee may be assigned in advance of receipt by the AIE 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. Contract for Engineering (A/E) Services Page 2 of 3 K- SENGINEERING OATAEKCHANGEWNGIEM1PUBLIC HEALTHIE12125 HFALTH DEPT BUILDING PARKING LOTH CONTRACT PROFESSIONAL BERVICE&.000 r 'a 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record.drawings, contractor's field data, and-submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI Oscar R. Martinez, Date Assistant City Manager RECOMMENDED Daniel Biles P. E., Date Di yr Engin ering Services 3 Annette Rodriguez, I Date Director of Public Health APPROVED AS TO FORM Office of Management Date and Budget ATTEST Armando Chapa, City Secretary U Eugetfe C. Urban, Jr.,P r=. Principal 2725 Swantner Dr, Corpus Christi, TX 78404 (361.)..854-3101 Office (361) 854 -6001 Fax HP_al #h nanzir manf asuilenne, 1 w4 /d....:....a ik1- cAnAn1.• Date ENTERED,v� MAR 1 2013 CONTRACT MANAGERS - - -- -- -- - Department --- . ■v •■vim ■�v■ 1. 1i Fund Source No. IiV Amount Public Health & Safety CIP 550950 -3366- 00000- E12125 $64,200.00 Bond Issue 2012 Total 0.00 LI Wi1111rJ1QIIGG IVV. Contract For Engineering (AlE) Services KIENGINEERING 0ATAEXCHANGFANGIEiiAtPU6LI0 HEALTH1E12125 HEALTH DEPT BUILDING PARMNO LM1 CONTRACT PROFESSIONAL. SERVICE Page 3 of 3 F '+ (� URBAN ENGINEERING February 28, 2013 Mr. William J. Green, PE Assistant Director City of Corpus Christi - Engineering Services P.O. Box 9277 Carpus Christi, Texas 78468 -9277 SUBJECT: Health Department Building Parking Lot (Bond Issue 2012) (Project No: Ell 2128) Dear Mr. Green, Please accept this letter as our proposal to perform the professional services desired at the subject project. The scope as we understand it includes rehabilitating selected parking lot areas, sidewalks and replacement of the dumpster area paving with new concrete paving. _ it Is understood that the total funds available for design, construction and administration for completion of the project are $600,000.00 1. Preliminary Phase • Verify and 'identify existing parking lot pavement conditions within the areas designated to be rehabilitated in the bond project data provided by the City.. [City will provide record information and data as available from City Engineering files] • Field - verify and meet with f=acility and City staff in order to determine sidewalks that are in most critical need of replacement or modification and also discuss lighting issues to determine the scope of any additional lighting in the existing parking lot. • Perform a Topographic Survey to include spot elevations on an approximate 50 foot grid in the proposed parking lot areas proposed for rehabilitation plus sidewalk areas as required to determine grading information for the proposed improvements • Review previously developed sketches, concepts and any available records available from the City. • Provide a conceptual plan of areas to be rehabilitated including proposed pavement sections for asphalt and concrete alternatives, sidewalks and a preliminary opinion of probable cost to more specifically identify scope for design phase. • Assimilate all review comments, modifications, additlonsldeletlons and proceed to next phase, upon Notice to Proceed. (361)854 -3101 2725 SWANTNER DR. • CORPUS CHRISM, TEXAS 78404 www.urboneng.com TBPE Firm #145 FAX (361)854-6001 EXHIBIT "A" Page 1 of 4 2, Design Phase • pevela and sob it for review t50° set of plans, (no specifications or bid documents) with layout of the plans in the City of Corpus Christi's preferred format. • SUbmit one (1) set plans to the City of Corpus Christi for review and comment plus a copy in an approved electronic format. • Develop and submit an opinion of probable construction cost for the project improvements, • Mold a project review meeting with City Staff to review and receive City comments. o Assimilate all review comments, modifications, additions/deletions and proceed to next phase, upon written Notice to Proceed. • C m l and submit a 9O complete set of construction drawings, plans, detalis, contract documents, technical specifications, and bid documents in accordance with the City of Corpus Christi's preferred standard format. • Provide the marked -up 60% review set so the City may determine that the comments were incorporated into the 100% set. • Provide the final opinion of probable construction cost. • Provide final alternative bid items that may be needed to ensure that the lowest responsible bid is within budget. Pumish the City with both a reproducible set of plans with specifications and bid documents for the bidding process, as well as the full documents in electronic format. • Prepare and submit documents to regulatory agencies having jurisdiction in this case TDLR, for review. Any permit fees shall be paid by the City of Corpus Christi directly or reimbursed to the A/E. 3, Bid Phase • Attend the pro -bid conference chaired by City and assist City in defining, clarifying, and responding to bidder questions with respect to project design, specifications, materials, and methods. • Prepare addenda, in preferred City format, necessary to inform contractors of modifications and clarifications prior to bid date. The City's Engineering Services will distribute any addendum. • Attend the bid opening, tabulate bids according to the City Engineering Services preferred standard format, and make recommendations concerning award. 4. construction Phase • Attend and participate at the pre -bid and pre - construction conferences, which will be chaired by Engineering Services. • Review and approve any required contractor's submittals. • Matte periodic visits to the site and confer with City's Construction Inspector and/or Contractor to observe the progress and quality of work, and to determine, in general, whether the work is accordance with project design. • Coordinate with the City inspector to authorize minor field alterations that do not affect the contractor's price and are not contrary to the interest of the City. • Review the contractor's progress payment request and approved schedule of work before submission to the City for processing. r Page 2 of a Proposal — Health Department marking Lot (Bond Issue 2012) EXHIBIT " A" (Project No. E12128) page 2 of 44 , v • Coordinate Necessary change orders during the process of the work. City will prepare and process ali change orders. • Provide record drawings, in electronic format, of the project. • Conduct a anal insp6ction" with City and Contractor, and make a recommendation concerning final acceptance. • Conduct a maintenance guaranty inspectiop prior to the end of the one year warranty period from acceptance of the project. provide a written punch list of any defective items and provide to contractor and City. Schedule; Date ActlyRty April 16 2013 NTP may 31 2013 Preliminay Design Submittal June 14 2013 Citv Review August S 2013 00% Design Submittal August 23, 2013 Cit Review October 11 2013 1GOOA Final Submittal October 28 & November 4 2013 Advertise for Bids November 6 2013 Pre -Bid Conference November 13 2013 Receive Bids December 10 2013 Contract Award January 6.2014 1 Beg! n Construction June X.2014 1.0ornplete Construction Summary of.AIE Fees Basic services Fees 1. Preliminary Prase $14,000.6-0— 2. Design Phase $32,000.00 3. Bid. Phase $3,000.00 4. Construction Administration Phase $6,000.00 Subtotal Basic Services Fees $65,000.00 Additional.Services Fees �J. Permit Pre aration a. ADA/TDLR $1 500.00 2. Topographic Survey $6,500;00 3. Construction Observation Services To be Determined 4. Warrant Phase $1 200.00 Subtotal Additional Services Fees Authorized $9 200.00 Total Authorized-Fee $64,200.00 Page 3 of 4 Proposal — Health Department Parking Lot (Bona Issue 2012) EXHIBIT' A" (Project No. E12125) Page 3 of 4 We propose to perform the above stated services for the fees indicated. Any additional work can be completed upon your request at our hourly billing rates- attached. Exhibit A -1 is attached itemizing the proposed tasks we have Identified for the project_ If the above is acceptable, please prepare an AE Contract-for signatures. Should you have any questions, please let us know. Sincerely, U N ENG nP. E-ugen C. Urban Page 4 of 4 Proposal -- Health Department Parking Lot (Bond Issue 2012) FEMag ISIT "A°' (Project No. E12125) e 4 of 44 1 1 I� EXHIBIT A -1 TASK LIST HEALTH DEPARTMENT PARKING LOT (BOND ISSUE 2012) (PROJECT NO. E12125) A. 13ASIC SERVICES 1. Preliminary Phase A. Scope of Geotechnical Testing Requirements to City's Geotechnical Consultant. B. Staff Meetings - Attend and participate in project kick off meeting, and planning meeting with City and Facility Staffs to determine which parking areas are most critical and sidewalks most heavily used needing repair and areas with deficient lighting. C. Review & Investigation of Available Records D. Identify Results of Site Field Investigation Recommend necessary survey work to evaluate existing conditions and utilize in design, E. Provide a conceptual plan of areas to be rehabilitated including proposed pavement sections for asphalt and concrete alternatives, sidewalks, lighting and a preliminary opinion of probable cost to more specifically identify scope for design phase. F. Hold review meeting with City Staff to receive and review comments on Preliminary Submittal. 2: Design Phase A. ' Refine.and Verify Conceptual Plan B. Develop and submit for review a 60% set of plans, (no specifications or bid documents) with layout of the plans in the City of Corpus Christi's preferred format C. Preliminary Plan Sheets D. Prepare Estimated Quantities and Estimates of Probable Costs E. Hold review meeting with City Staff to receive and review comments on 60% submittal. F. Provide Final Plans and Bid Documents (100 %) G. Assimilate All Review Comments, Modifications, Additions /Deletions and Proceed to Bid Phase, Upon Notice to Proceed from the City Engineer EXHIBIT A -1 Page 1 of 3 H. Upon Approval, Provide One (1) Set Final Plans and Contract Documents and Provide One (1) Electronic Copy I. Submit Monthly Status Reports J. Provide Storm Water Pollution Prevention Plan 3. Bid Phase A. Participate in Pre -Bid Conference and Provide Recommended Agenda B. Assist City in Solicitation of Bids C. Review All Pre -Bid Questions and Submissions D. Attend Bid Opening E. Revisions to Bid Documents F. Provide Letter to City Engineer on giving AEE's Recommendation to whom to Award the Project to 4. Construction Phase A. Participate in Pre- Construction Meeting B. Review Shop and Working Drawings C. Provide Testing Schedule and Review Field and Laboratory Tests D. Provide Interpretations and Clarifications of Contract Documents E. Periodic Visits to Site of Project (two per month minimum) F. Review Progress and Quality of Work to determine in general whether work is in accordance with Project Design G. Prepare Change Orders as authorized by City H. Review and Recommend Contractor's Monthly Construction Pay Estimates I. Make Final Inspection with City Staff J. Review Construction "Red- Line" Drawings, Prepare Record Drawings B. ADDITIONAL SERVICES 1.1 Permitting A. 'NPDES Permit: Prepare NPDES Permit and include with specifications. Contractor shall be responsible for submission of the document to the appropriate authorities and providing all documentation. EXHIBIT A -1 Page 2 of 3 B. Texas Department of Licensing & Regulations: AIE will coordinate with a local Registered Accessibility Specialist for any ramps or accessible routes required, and submission of Application as required. 1.2 Topographic Survey Provide limited design surveys with sufficient detail to facilitate design of improvements and preparation of construction drawings. 1.3 Construction Observation Services —To be Determined 1.4 Warranty Phase EXHIBIT A -1 Page 3 of 3 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. 1', - TYPE OF INSURANCE - — MINIMUM INSURANCE COVERAGE '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 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 $1.000,000 per claim 1$2,000,000 aggregate (Defense costs not included in face value of the policy) If ciaims 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 500 912 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. EXHIBIT "B" Page 1 of 3 MEngineedrq Da%Exchang9MGIEM1PUBLI0 HEALTME12126 HEALTH DEPT BUILDING PARKING LOTW EXHIBIT B INDEMNIFICATION -OCT 2010.doox 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 K:1ENineeiing DefeExchangelAHGIEWUBLIC HEALTH02125 HEALTH DEPT BUILDING PARKING LOT14 EXHIBIT B INDEMNIFICATION -OCT 2010.d= r , r ' LU Q Zr Co'. Q ti r LU ui . !d O .60 aZZ LU A 0 •0 a aa- Q 0 t? a d 0 to � v H � Q v .� •; L a i - E a9 V 1 C N c z z T 7 Q C' C C L 1 0- 11 E1 Cl 0 C 1n C C p a 0 O a 0 00 O o O In o 0 O Co a O O G 0 o 0n 0 0 C3 a 0 no M- Cl; O 0 o o us s) r = m •v CL r- m m 0 0 m Ct IQ Page 1 of 1 Lo LO Oo )nCl00 0C)0o0 C) 000 0 0 1n m LO 64 49. C) CD ao C) Cocoo ❑ ❑C) o 0` ;o a r H 64 6A. 1� Co O 40 O T• q 0 s- O V• Q a 117 r W) (D r T• w O Eck r d= 0 m m M 0 Ci Cl) r. 0Q r e- O C Cl M r ,sr7 I 16 CS 14t CD IM Co T V. t�I r• 117 N M RS► C7 Co o� Ca o 0 o O o o O o 0 .❑ ❑ C> o O W. � a 06co- 0000 oO o�0000❑❑ oo C)C)O 6% 601 l-- 00 O (D O r O O r Q V• ❑❑ LO Y (O Y rN (d O Hc} O C M d pp N - �~ m r N M LO U') M 000 Ef? Ea to!)� Lai �l _U Z V � c�ij A m O m a C Z Q c 0 u) rn d C 6? C Q V N CL Q co Q CL c a w O C❑/} Cl) . " .. CA U? 0 U) ?. cU LL � a LL C 0) cu L pia M- to E E 0 a o us s) r = m •v CL r- m m 0 0 m U U) �l _U Z V � c�ij A m O m a C Z Q c 0 u) rn d C 6? C Q V N CL Q co Q CL c a w O C❑/} Cl) . " .. CA U? N LL cU LL LL C m a M- to E CO 0 o U 0 R "a r = m •v O N m Q F- EXHIBIT "C" Page 1 of 1 � r e � . s �IrI,ICRNUnrr;cR T nt: ASSIGNED BYZ'.lry PURCHASING DIVISION Cil CITY OIL' CORPUS CHRISTI 'CO ��us DISCLOSURE OF INTEREST Cltr,sti pity'.of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the followlq information. Every citlestion must be answered. Crli quostion-is not applicable, answer with 'NA ". See reverse We for Filing RegWremettts, t ertlficatiolls and definitions. COMPANY NAME: Urban Eagineerifig P. O. BOX: 8TREE`f ADDItESS. 2725 Swuntner CITY- Corpus Chrisli Z]P: FIRM 15: 1. oratina 2. Ihartn�rswp 1 Sole Owner 0 �. Co' Asspciation 5. Other DISCLOSURE QUESTIONS . If additional space is necessary, please use the reverse side of this page or attach separate street. 11 state 1110 names of each `employee" of the City of Corpus Christi having an "ownership ititcrest" constituting 3% or more of the ownership in the above numed "fit`tn: Naive Job Title and City Department (if k ONVn) 2. State the names of each "official" of the City of COrptis Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm," Name Title 3. State the names of each "boarcl ,nember" of the City of Corpus Christi havin6 an "ownership interest" constituting 3% or more of the ownership in the above maned "firm." Nance Committee Board, Commission . or A. State the names of each einployec; or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the sti ,jest of this 'contract and has an ' ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant 78,4,04 ' Y s 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: Eugene C. Urb n, Jr., P.E. Title. Principal (Type or Print) Signature of Certifying Date: rT L 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. ")amployee." 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 andrecommendation. , L 4 .1 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 Action Item for the City Council Meeting of March 26, 2013 DATE: March 19, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb cctexas.com (361) 826 -3169 Floyd Simpson, Chief of Police floyds@cctexas.com (361) 886 -2604 Veterinary Services CAPTION: Motion approving a professional services agreement with Melissa Draper, DVM, Corpus Christi, Texas for veterinary services for an estimated -annual expenditure of $100,000.00, of which $33,333.33 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 Contractor and the City Manager or designee. Funds have been budgeted by the Police Department in FY 2012- 2013. PURPOSE: The Contractor will provide professional veterinary services at the City's Animal Care Center. BACKGROUND AND FINDINGS: From September 2007 through June 2012, the City secured professional veterinary services from Thomas House, DVM. Since Dr. House's departure, the City has utilized the services of Melissa Draper, DVM on a temporary basis. The professional services agreement recommended herein secures the services of Melissa Draper, DVM on a contract basis. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: When the City's compensation and classification plan is revised, the City may consider hiring Dr. Draper as an employee. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY I NON-EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Police 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 $36,320.49 $66,666.67 $102,987.16 Encumbered 1 Expended Amount $2,987.16 $0.00 $2,987.16 This item $33,333.33 $66,666.67 $100,000.00 BALANCE $0.00 $0.00 runa�sy uenerai tuna Comments: The $33,333.33 financial impact shown above represents four months of expenditures that will be encumbered through the end of this fiscal year. The remaining $66,666.67 for the Mast eight 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: Price Sheet Service Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN ITEM DESCRIPTION 1 One -year professional services agreement for veterinary services. TOTAL: PRICE SHEET BI- 0136 -13 VETERINARY SERVICES QTY 1 Melissa Draper, DVM Corpus Christi, TX UNIT EXTENDED PRICE PRICE $100,000.00 1 $100,000.00 $100,000.00 SERVICE AGREEMENT Service Agreement No. (Not an Employment Contract) THIS PROFESSIONAL VETERINARY SERVICES CONTRACT (this "Agreement ") is entered into by and between Melissa Draper, DVM (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 PROFESSIONAL VETERINARY SERVICES; WHEREAS the City has selected Contractor on the basis of demonstrated competence and. qualifications to perform the services, and for a fair and reasonable price; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide PROFESSIONAL VETERINARY SERVICES. Contractor agrees to provide .professional veterinary services, including but not limited to surgical sterilizations, examinations, vaccinations, inspections, and maintenance of records, including a drug log at the City's Animal Care Center located at 2626 Holly Road, Corpus Christi, Texas and at - off -site locations. The City shall not control the means and methods of Contractor providing professional veterinary services. a. In conjunction with the City's Animal Care Division, the Contractor shall maintain a federally required drug log of all scheduled drugs dispensed and the number and type of animals the Contractor sterilizes when working in the Clinic. The City will not control the means and methods of maintaining said drug log. b. Before activities can begin under Agreement, Contractor must furnish to the Procurement Manager the following: i. copy of valid license to practice veterinary medicine in the State of Texas; ii. copy of Drug Enforcement Administration License; iii. copy of valid State of Texas Class C driver license; iv. proof of the insurance required herein. 2. Fee for Service. Contractor shall be paid a biweekly amount of $3,846.15, the first and last month of which shall be prorated based on the number of days worked in the month. The City shall issue payment to the Contractor via U.S. Mail on the first Friday of each month for veterinary services rendered in the previous month. Should the first Friday of a month fall on a City - recognized holiday, City shall issue payment to Contractor via U.S. Mail on the first City - recognized business day thereafter. If required by the City, Contractor shall maintain time records in a manner approved by the City. This fee for service includes any and all costs requisite to the provision of services described herein, including, but not limited to: insurance and travel. Items necessary to perform professional veterinary services include, but are not limited to: instruments, medicine and anesthesia shall be furnished by the City. 3. Appropriation. This Agreement may be terminated by the City if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the Contractor. The City's decision as to whether sufficient appropriations and authorizations are available shall be accepted by the Contractor as final. 4. Term. This Agreement commences on the Iatest date signed by the signatories hereto and is in full force and effect for a period of twelve (12) months with an option to extend for up to two (2) additional twelve -month periods, subject to the approval of the City Manager or designee. 5. 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 Animal Care /Control Program Manager. 6. 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. The City shall not control the means and methods of Contractor providing professional veterinary services_ 7. Insurance. Before activities can begin under this Agreement, Contractor must deliver a Certificate of Insurance, as proof of.the required insurance coverage to the Procurement Manager and the City's Risk Manager. Additionally, the Certificate must state that the City will be given at least 30 days notice of cancellation, material change in the coverage, or intent not to renew any of the policies by certified mail. The City 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 as Exhibit A, and may be revised annually by the City Manager upon 30 days written notice to Contractor. S. 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. 9. 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. 10. Waiver. No waiver of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 11. 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 the venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 12. 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 Contract Administrator. 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. 13. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. 14. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified herein. 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 -days 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 or Contractor may terminate this Agreement, with or without cause, upon 30 .days written notice to the other. 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. 15. 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. 16. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. The City has a zero - tolerance drug policy. 17. Violence Policy. Contractor must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. The City has a zero- tolerance violence policy. IS - 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: Procurement Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Fax No.: 36I- 826 -3174 IF TO CONTRACTOR: Contractor Name: Contact Person: Address: City, State, Zip: Fax No.. - - 19. Quantities. The quantity of services required under the terms of this agreement are estimates and do not obligate the City to order or accept more than the City's actual requirements during the Agreement, nor do the estimates Iimit the City to ordering less than its actual needs during the Agreement, subject to availability of appropriated funds. CONTRACTOR AGREES TO 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 HIND 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 MAST, 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 BIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. SIGNED this March day of 14 , 2012 Contractor: �Z& Signature Name: Melissa D Draper DVM Title: Veterinarian CITY OF CORPUS CHRISTI SIGNED this day of , 20 Michael Barrera Assistant Director of Financial Services Incorporated herein forever by Reference: Exhibit A: Insurance Requirements Exhibit B: Release of Liability and Covenant Not To Sue DATE:. February 14, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 Action Item for the City Council Meeting of March 26, 2013 TO: Ronald L. Olson, City Manager FROM: Gustavo Gonzalez, Director of Water Operations GustavoGo @cctexas.com 361 -826 -1874 Renewal of Treated Water Supply Contract with Violet Water Supply Corporation CAPTION: Motion authorizing the City Manager or designee to execute a contract to supply Violet Water Supply Corporation (Violet) with treated water for up to 10,000,000 gallons per month for a term of 40 years. PURPOSE: To obtain authority to enter into a 40 -year contract with Violet Water Supply Corporation to provide up to 10,000,000 gallons of potable water per month. BACKGROUND AND FINDINGS: Violet is a large - volume customer which diverts and uses treated water for resale to municipal and industrial customers. The new contract would be in effect for 40 years. The quantity of water will not exceed 10,000,000 gallons per month. Violet will be charged the Resale Treated Water Rates established by city ordinance Violet approached the City and requested that the City enter into this agreement so that Violet can pledge the agreement for a loan and grant from the United States Department of Agriculture. Violet plans to use the loan and grant to install the lines and necessary appurtenances to extend water service to areas within Violet's certificated area as set forth in its Certificate of Convenience and Necessity issued by the Texas Water Commission. The issuance of the loan as well as the grant is contingent on Violet entering into an agreement with the City of Corpus Christi to obtain a fresh supply of potable water for it to sell to its municipal and industrial customers for 40 years_ ALTERNATIVES: Do not provide authority to enter into the agreement as proposed. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Contract requires City Council approval. EMERGENCY INON- EMERGENCY: Non - emergency, DEPARTMENTAL CLEARANCES: Water and Legal Departments. 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 1 .Expended Amount This item BALANCE runaks): vvaier Comments: None. RECOMMENDATION: Staff recommends and requests the approval of this contract. LIST OF SUPPORTING DOCUMENTS: Contract TREATED WATER SUPPLY CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND VIOLET WATER SUPPLY CORPORATION THE STATE OF TEXAS § § COUNTY OF NUECES § This Contract for the supply of treated water, made as of this day of 2013, by and between the City of. Corpus Christi (City "), a Texas home -rule municipal corporation, whose address is P.O. Box 9277, Corpus Christi, Texas 78469 -9277, and, acting through its duly authorized City Manager, or the City Manager's designee ( "City Manager), which owns a regional water supply system that provides untreated raw water and treated water to municipal and industrial .,customers, and . Violet Water Supply Corporation . ( "Violet "), a water supply corporation, organized under Article 1434a, V.A.T.S., for the purpose of constructing, including making extensions from time to time, and operating a water supply distribution system serving water users within the area described in plans on file at its office and Corpus Christi's office, which area is outside of, but adjacent to, Corpus Christi, acting by and through its duly authorized representative ( "Violet's Representative"), This Contract supersedes and replaces the treated water contract dated March 12, 1977, between the parties to this Contract; and is the only agreement of the parties relating to the sale, delivery, and use of treated water. Any prior understandings or written or oral agreements between the parties relating to the sale and use of treated water are superseded by this contract. Violet wants to continue to divert and use treated water for resale for municipal purposes, and the City desires to continue allowing or otherwise facilitating the delivery and use of treated water to Violet. In consideration of the above recitals and the mutual promises, covenants, and agreements in the Contract, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Term. This Contract becomes effective on the date of final approval of this Contract, and continues in force and effect for a period of forty (40) years. 2. Use and Quantity of Water. a. The City agrees to sell potable treated water, meeting Federal and State standards, to Violet and allow Violet to resell treated water for municipal and industrial purposes in such quantity as may be required by Violet, but not exceeding a total of 10,000,000 gallons per month. b. However, if an emergency situation arises, the City may deliver additional treated water. The City's Director of Water Operations will determine how long the extra deliveries will last and the rate at which deliveries will be increased. C. Except as provided in subparagraph 2.b., if Violets projected need for treated water exceeds 10,000,000 gallons per month, then in that event, Violet will notify the Director of Water Operations of Violet's needs at least 90 days prior to the date on which the increased deliveries are needed. The Director of Water Operations, in his or her sole discretion, will determine whether there is sufficient capacity within the system to allow an increased rate of delivery after considering the City's planned needs and the needs of its other water customers. The Director of Water Operations, in his or her sole discretion, will determine whether water can be delivered at an increased rate and the rate to which. deliveries will be increased, and notify Violet's Representative of the decision. d. Violet may request an increase in the amount of treated water delivered in a year based on the extent of the uncommitted water available. The City will consider the City's planned needs,.the needs of its other water customers, and the needs of other communities in the region before committing to any increase in Violet's annual deliveries. However, the City is under no obligation to authorize an increase in the annual deliveries. In the event an increase in the annual deliveries is authorized, this contract must be amended in writing to show the amount of increased deliveries. e. Actual current and projected future deliveries are shown on Exhibit "A -1" attached to and incorporated into this Contract. f. Actual deliveries within the last 3 years are shown on Exhibit "A -2" 3. Point of Delivery. Title to and possession of the treated water passes to Violet at the point of delivery. The City will deliver the treated water to the existing delivery points located on State Farm to Market 24 (Violet Road), at or near the city limits of Corpus Christi, and on State Farm to Market 1694 (Callicoate Road) near the intersection with Meadow Lane. The treated water will be delivered at the minimum pressure operating pressure required by the Texas Commission on Environmental Quality ( "TCEQ "). 4. Measurement of Treated Water. a. The treated water delivered under this Contract must be measured in U.S. standard gallons by a suitable water meter or meters to be installed and maintained by the City at the point of delivery, which shall be accurate within 2 %, either plus or minus. The City's Director of Water Operations may specify the type of meter or meters to be used and the installation design of the meter or meters. Checks as to the accuracy of the meter or meters will be made annually by the Director of Water Operations, at Violet's sole expense. The City's Director of Water Operations will notify Violet's Representative in writing 10 days in advance of all annual checks and tests in order that Violet may have a representative present as a witness. If Violet's Representative fails for any reason to be present for a check, the City may nevertheless proceed with the test and the City's findings shall be conclusive. The City shall notify Violet of the results, if the Violet Representative is not present. (1) if either the City's Director of Water Operations or Violet's Representative, at any time, notifies the other that it desires a special test of any meter, the parties will cooperate in arranging for a special test to be made by the City. (2) The expense of the special test of the meter or meters will be paid by the party requesting the test. (3) If, on any test, the meter tested is found to be inaccurate by an amount exceeding 2 %, either plus or minus then any previous readings of the meter will be credited for any period of inaccurate measurement, but no credit will extend back over a period beginning more than 30 days prior to the time when the inaccuracy was first made known by either party to the other. (4) If, for any reason, the meter or meters are out of service so that the volume of treated water delivered cannot be ascertained or computed, the treated water delivered during the period the meter or meters are out of service will be estimated by the City's Director of Water Operations, in consultation, with Violet's Representative, upon the basis of the best data aVai&le: b. The City will read the meter or meters on or about the last day of each month and will determine from these readings the amount of treated water delivered to Violet. All meter readings will be made available to Violet's Representative during the City's reasonable office hours. 5. Price of Treated Water. a. The price to be charged for treated water sold by the City to Violet is the published Resale for Treated Water Rates established by City ordinance, including the monthly minimum charge for a treated water customer, plus the raw water cost adjustment ( "RWCA ") which are in effect at the time of delivery. The RWCA will be calculated on a monthly basis, and determined by dividing the most recently available costs of raw water by the system -wide average volume of untreated raw water sales for the prior twelve month period. The RWCA will be adjusted on a monthly basis to account for differences in volumes used in the prior calculation and the actual volume of water sales for that month. A copy of the current water rate and raw water cost adjustment ordinance is attached as Exhibit "B ". Changes in the raw water cost adjustment are automatic, and Violet will be billed the adjusted rate. The ordinance is subject to change at the sole discretion of the Corpus Christi City Council. City's Director of Water Operations will provide Violet's Representative with a copy of any modifications to the ordinance, which will be attached to this Contract as the new Exhibit "B -1 ". b. The actual methods for computing the untreated raw water cost adjustment is established in a written policy filed with the City Secretary. A copy of the 3 current policy is attached as Exhibit "C ". The City's Director of Water Operations will provide Violet's Representative with a copy of any modifications to the policy, which will then be attached to this Contract as the new Exhibit "D ". C. When the City intends to change the rate, the City shall give Violet notice of the proposed change, and any information necessary to evaluate the proposed rate ninety (90) days before the change is to take effect. Violet shall give good faith consideration to the proposed new rate and shall attempt to provide the City with its comments on the proposed change not later than forty -five (45) days before the proposed change is to take effect. The City shall give good faith consideration to Violet's comments, but may institute the new rate on the date the change is scheduled to take effect. d. The parties agree and acknowledge that the City is evaluating, going forward, implementing consistent wholesale contract provisions such as supply limits, limitations on maximum supply, peaking limitations, resale provisions, development of other supply provisions, etc. so that wholesale contract provisions conform to city policy and are consistent among all of the wholesale parties. To the extent that the City defines and interprets policy, and adopts, in order to implement that policy, provisions relating to a maximum supply limit, a supply limit rate, a capacity reserve, a, minimum charge related tor-the extent of the reservation, a peaking limitation, limitations on the ability to resell water, etc., the parties agree to consider. implementing those contract provisions under Section 24 of this contract, to the extent such provisions are reasonable and fair to both parties. e. In no event may any provision in this Contract be interpreted to exempt Violet from any ordinance passed by the City Council. 6. Fixed Minimum Obligation. a. Violet is not obligated to purchase any minimum amount of treated water in any billing month during the period of this Contract or any renewals or extensions thereof, but Violet must pay the City the minimum monthly charge for commercial metered treated water customers under the City's water rate ordinance, regardless of whether any treated water is used. b. If the payment due the City from Violet for treated water withdrawn during the billing period under consideration exceeds the minimum, then payment must be made for the amount of water milled by the City to Violet. c. If the payment which would be due on the basis of treated water delivery is less than the minimum, then said minimum is nevertheless the amount due. This minimum amount is intended to cover the cost of meter readings, testing, billing, and other costs, which will continue whether any treated water is withdrawn by Violet. 7. Billing. a. All treated water taken in any one calendar month will be billed between the first and tenth of the next succeeding calendar month, and Violet will pay the bill within 10 days of the receipt of the bill. Any clerical error in the bill or question regarding 4 the bill is not sufficient grounds to delay payment by Violet to the City. Any adjustments in the amount paid as a result of the agreement will be added to or deducted from the following month's bill. Any failure by Violet to pay the monthly billing within 30 days after the billing date is a "default" under Section 19 of this Contract. In the event it becomes necessary to collect the charges, through any Court procedure, the City is entitled to also recover reasonable attorney's fees. If Violet fails to pay its water bills, the City, at its discretion, may terminate this Contract in its entirety, require the payment in advance of each monthly water bill based on Violet's previous bill plus a deposit, as a condition to furnishing treated water to Violet, or avail itself of any other, legal remedy. Violet, its officers and directors, and the City, its officers, members and administrative staff each recognizes that there are many advantages to 'using mediation to settle any and all legal disputes and claims, including, but not limited to, disputes over the billing for water provided by the City to Violet pursuant to this agreement. For many reasons, lawsuits and court actions are disadvantageous to both Violet and the City and that the many benefits and advantages to`all parties-include: speed of process, cost effectiveness, use of trained and professional problem solvers, privacy and confidentiality, and complete due process and fairness to all parties. In consideration of these. many benefits and other consideration, Violet anal City. have agreed that disputes between the parties arising out of this agreement shall be governed by alternate dispute resolution of all claims and disputes between them. Any claim or dispute between Violet and City arising out of this agreement shall be resolved, as follows: (1) by attempting settlement by mediation, under the Mediation Rules set forth in Chapter 154 of the Texas Civil Practice and Remedies Code, with the mediator being selected by agreement of the parties or by request for appointment of a mediator made to the senior United States District Judge for the Southern District of Texas, Corpus Christi Division, if the parties cannot agree on a mediator. 8. Restrictions on Resale. a. Violet is strictly prohibited from selling the treated water obtained under this contract to any customer for resale of the water to others. Violet is prohibited from selling water under any other name other than the Violet Water Supply Corporation. Violet agrees to provide in every customer contract the following language, to be made conspicuous with uppercase type font or bolded with text at least one font -size larger than the surrounding text: YOU ARE STRICTLY PROHIBITED FROM SELLING ANY WATER PROVIDED TO YOU UNDER THIS AGREEMENT BY THE VIOLET WATER SUPPLY CORPORATION 9. Alternative Supplies. a. Nothing in this Contract prohibits Violet from obtaining treated water from sources other than the City. b. Before Violet commingles waters from different sources within its distribution system, Violet shall notify City's Director of Water Operations. The City's Director of Water Operations may require Violet to install an appropriate backflow prevention device at all points where Violet's water distribution system connects with the City's water distribution system. 10. Water Rights. a. It is mutually agreed and understood that Lake Corpus Christi and Choke Canyon Reservoir waters, any currently developed ground water, water acquired by the City from the Lavaca = Navidad River Authority, water rights obtained from the Garwood Irrigation Company, and other future waters, whether surface waters or ground waters, obtained by the City, which are not under Contract to others, and which are owned by the City, may be used to supply water during the time this Contract remains in force. , b. This Contract is subject to the City's responsibility and obligation to provide water to municipal and industrial consumers within the Corpus Christi city limits and other municipal and industrial consumers. outside its city limits. C. Subject to Section 13, Water Conservation and Drought Contingency Measures, and subject to the City's obligations under any Agreed Orders, or any Environmental Protection Agency ( "EPA ") or Texas Commission on Environmental Quality ( "TCEQ ") requirements or standards, to be interpreted and determined solely by the City, the City binds -and obligates itself, however, to take the necessary actions within its power and to make the necessary applications to obtain whatever additional water rights as may be necessary to adequately meet the needs of its existing contracts, this Contract, and any future contractual obligations of' the City, and, if requested by the City, Violet shall support the City's action, in the manner requested by the City. d. It is also mutually agreed and understood that this Contract is subject to the jurisdiction of the Texas Commission. on Environmental Quality ( "TCEQ"), any successor agency, or any -other regulatory authority that may have jurisdiction over the matters. e. Violet agrees to support any future City requests to the TCEQ or other regulatory authorities for permission to acquire or amend its water rights or provide water to the Violet and other customers, unless such action would adversely affect Violet. f. City agrees to support any Violet requests to TCEQ or other regulatory authorities for permission to distribute treated water purchased by Violet from the City under this Contract. 11. Violet's Storage and pumping Requirements. a Any storage facilities must be built and maintained to standards adopted by Corpus Christi, the TCEQ, or any other regulatory authority. If there is a conflict between standards, the City's standards shall apply. b. Pump intakes connected directly to the Violet's water lines or Corpus C Christi's supply main are prohibited. c. The transmission and distribution piping construction and operation downstream from the City's meters serving Violet shall meet the requirements of the TCEQ; Rural Development, United States Department of Agriculture; and any other governmental agency having jurisdiction. If there is a conflict between standards, the most stringent standards shall apply. Violet shall submit copies of plans for all extensions of its transmission and distribution system to the City for review prior to awarding any contracts. d. Violet shall institute a program to control unaccounted for water losses consistent with the requirements of the City, as directed by the Director of Water Operations. The Director of Water Operations may request, at any time, that Violet submit its Water Loss Control Program for approval. Within 30 -days of such request, Violet shall submit to the Director of Water Operations-a- plan of action for instituting a Control Program, approval of which the City shall not unreasonably withhold-The failure of Violet to comply with this Section of the Contract is a "default" under Section 16 of th- is-Contract. The parties agree to confer and coordinate to-assist Violet, in Violet's efforts insure that its Water Loss Program is consistent with the City's requirements. e. Violet agrees that Corpus Christi has the right to inspect its system at any and all times during normal business hours. If Violet's system or any portion thereof does not meet TCEQ's standards for an interim rural water supply, Violet shall bring its system, or any portion of its system, up to TCEQ's standards. 12. Corpus Christi's Right to Sell Treated Water. The City, with the express written consent of the Board of Directors of Violet, retains the right to sell treated water at points and to customers located within and outside Violet's service area In Violet's Certificate of Convenience and Necessity, consistent with applicable law. The City shall not execute any plans for new service extensions within Violet's service area unless and until it obtains the Board of Directors of. Violet's consent to provide said service. 13. Water Conservation and Drought Contingency Measures. a. Violet acknowledges the terms of the TOED Agreed Order of April 28, 1995, which amended the operational procedures relating to Special Condition 5.B, Certificate of Adjudication No. 21 -3214, and the City's responsibilities under both the Agreed Order and the Certificate of Adjudication. Violet recognizes that the Agreed Order and Certificate of Adjudication may be amended in the future. The agreed order requires the City to provide in any future contracts or any amendments, modifications, or changes to existing contracts the condition that all wholesale. customers and any subsequent wholesale customers must develop and have in effect a water conservation and drought management plan consistent with the City plan as required by the TCEQ rule. Therefore, Violet agrees that during the term of this contract, it shall have in effect a water conservation and drought management plan consistent with the City's plan, including any changes adopted by the City. Violet also agrees to bind future customers 7 and its existing customers upon contract renewals to develop and have in effect a water conservation and drought management plan consistent with the City plan. b. If the City implements any measures under its Water Conservation and Drought Contingency Plan, adopted under Section 55 -156 of the Code of Ordinances for the City of Corpus Christi, Violet shall within 30 days of notice of any changes to the plan or the implementation of any restrictions, surcharges, or rationing by the City, impose similar restrictions, surcharges, or rationing measures on its customers. Any contract for the resale of water furnished by Violet shall contain a similar condition. If for whatever reason Violet, or its customer, is unable or unwilling to impose the required restrictions, surcharges, or rationing measures within the required time period, Violet, or its customer, shall reduce its consumption of water from the system as follows: (1) During Condition I -- Water Shortage Possibility, deliveries from the system shall be reduced by 10% from the average deliveries for the same month of the year over the previous three years. (2) During Condition II -- Water Shortage Watch, deliveries from the system shall be reduced by 20% from the average deliveries for the same month of the year over the previous three years. (3) During Condition III — Water Shortage Warning, deliveries from the system shall be reduced by 30% from the average deliveries for the same month of the year over the previous three years. (4) During Condition IV -- Water Shortage Emergency, deliveries from the system shall be reduced by 60% from the average deliveries for the same month of the year over the previous three years. C. If for whatever reason Violet, or its customer, is unable or unwilling to impose the required restrictions, surcharges, or rationing measures within the required time period, but relies upon other sources of water for all or a portion of its water requirements, Violet, or its customer, agrees not to request an increase in the amount of water being diverted from the system should Violet's, or its customer's, other source(s) of water fall to continue to yield the amounts of water anticipated. d. To the extent that the TCEQ or other regulatory agency requires rationing of water in a manner stricter than that imposed by the City, Violet will comply with the stricter method of rationing water. e. Violet shall furnish a copy of any ordinances, orders, or rules adopted by it or its customers that is adopted to implement the required restrictions, surcharges, or rationing measures within the applicable jurisdiction. If for whatever reason Violet, or its customer, is unable or unwilling to impose the required restrictions, surcharges, or rationing measures, the City may audit the records of Violet to ensure that Violet or its customer has reduced its deliveries by the amount required by this Section. f. The failure of Violet to comply with this Section of the Contract is a 8 "default" under Section 16 of this Contract. g. Upon Violet's failure to cure a default of this Section 13, provided the City has provided Violet with written notice of the default and an opportunity to cure within a period of not less 30 days, the City is authorized to reduce its deliveries of water to Violet if Violet or its customer has not, in the sole opinion of the City, adequately imposed restrictions under this Section of the Contract. Force Majeure. If the City or Violet is prevented, wholly or in part, from fulfilling its obligations under this Contract by reason of circumstances both beyond its reasonable control and unforeseeable, including any act of God, unavoidable accident, acts of.enerrmies„ fires, floods, rationing, governmental restraint or regulation, other causes-of force majeure„ then the obligations of City or Violet, as provided in this . Contract, .are temporarily suspended during continuation of the force majeure. This section does not extend to any default or failure to perform due to labor shortages or strikes or economic hardship. If a party's delay in performance is excused under this section, the delay will only be for the period the party was actually delayed in performance by the event outside of its reasonable control: No damage is recoverable by Violet from City by reason of the temporary suspension of delivery of water due to any of the causes above mentioned. If the City's obligation is affected by any of the causes, the -City will promptly notify Violet's Representative in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 15. Resolution of Rate Disputes. In the event of any dispute as to the rates being. charged, the City and Violet agree that the dispute will be appealed to the TCEQ, under applicable TCEQ rules, to the extent that the TCEQ has jurisdiction over the issue. The City and Violet agree to cooperate to satisfy any jurisdictional requirements that the TCEQ may require for it to determine the rate. In the event that the TCEQ or another dispute resolution agency of the State of Texas falls or refuses to hear an appeal of the wholesale water rate charged by the City, then, in that event, Violet can contest the proposed wholesale water rate in the appropriate court in Nueces County, Texas. 16. Violet's Right to Terminate. If Violet's need for water from the City should cease for a period of at least 30 days, Violet may, by giving 30 days written notice to City, by certified mail, terminate this Contract in Its entirety. If Violet actually gives the City written notice, then, in that event this Contract expires 30 days from the date the notice is mailed to City and this Contract and all of its provisions shall become null and void. 17. Remedies Upon Default. a. if either party determines that the other party is in default under this Contract, the party claiming default by the other party shall give written notice to the other party, which states specifically the nature of the default and the remedy for the default that the party intends to seek. The notice must be mailed to the defaulting party at the address provided in Section 24 of this Contract. The defaulting party has or will have ninety (90) days in which to cure the default, or if the default cannot be reasonably cured within the ninety (90) day period, the defaulting party shall use reasonable efforts D to undertake to cure the default within the ninety (90) day period. If the defaulting party does not cure the default and reimburse the party not In default for any and all costs incurred as a result of the breath within ninety (90) days, or if the default cannot be reasonably cured within the ninety (90) day period, or If the defaulting party does not use reasonable efforts to undertake to cure the default and reimburse the party not in default for any and all costs incurred as a result of the breach within the ninety (90) day period, the party claiming default may seek any remedy available at law or equity, including an action in mandamus or for specific performance. b. No waiver of any breach or default by any party or of performance may be deemed a waiver in the future, nor may any waiver be deemed or construed to be waiver of subsequent breach or default of any kind, character, or description, under any circumstances. C. However, the right to cure a default may not prevent the City from enforcing Section 13 of this Contract if the City has imposed water conservation measures upon its residents. 18. Assignment.This Contract may not be assigned by Violet without the prior written consent of the governing body of the City, which consent will not be unreasonably withheld, unless the assignment would alter or restrict the City's rights under this Contract. Notwithstanding the above and forgoing, the City agrees that Violet may pledge this Contract as security for a loan with the United States Department of Agriculture, Rural Development Division, to be used for the installation of water lines within the certificated area of Violet as set forth in its Certificate of Convenience and Necessity numbered 10920, issued by the Public Utility Commission of Texas. 19. Non - Curable Material Breach by Violet. Each of the following is a non - curable breach under this Agreement: a.any representation or warranty of Violet contained herein that is knowingly false or misleading in any material respect as of the date made or deemed to have been made; or b. Violet (1) admits in writing its inability to pay its debts as they become due or (2) file a petition in bankruptcy or for the reorganization or for the adoption of an arrangement under the Bankruptcy Code as now or in the future amended, or file a pleading asking for such relief, or have or suffer to be filed an invoiuntary petition in bankruptcy against it which is not contested and discharged within sixty (60) days, or (3) make an assignment for the benefit of creditors, or (4) consent to an appointment of a trustee or receiver for all or a major portion of its property,.,�or (5) be finally adjudicated a bankrupt or insolvent under any federal or state law, or (6) suffer the entry of a court order, any federal or state law appointing a receiver or trustee for all or a major part of its property or ordering the winding up or liquidation of its affairs, or approving a petition filed against it under the Bankruptcy Code, as now or in the future amended, which order, if not consented to by it shall not be vacated, denied, set aside or stayed within sixty 10 (60) days after the date of its entry, or (7) suffer the entry of a final judgment for the payment of money and the same shall not be discharged or a provision made for its discharge within thirty (30) days from the date of entry thereof or an appeal or other appropriate proceeding for review thereof shall not be taken within said period and a stay of execution pending such appeal shall not be obtained, or (8) suffer a writ or warrant of attachment or any similar process to be issued by any court against all or any substantial portion of its property and such writ or warrant of attachment or similar process is not stayed or is not released within forty -five (45) days after its entry or levy or after any stay is vacated or set aside, or (9) suffer the placing of a judgment lien on its property and failure to cause such lien to be released and discharged within forty -five (45) days from the date such lien took effect; or c.- Violet conceals, removes or permits to be concealed or removed, any'part of its property with the intent to hinder, delay or defraud its creditors or shall make any transfer of any of its property to, or for the benefit of a creditor at a time when other creditors similarly situated have not been paid; or suffer or permit while insolvent any creditor to obtain a lien upon its property through legal proceedings, which lien is not vacated within thirty (30) days from the date thereof; or d. Violet: 1. fails to make payment to the City for any month or period of time; 2. sells water to any customer for resale; 3. fails to notify the City of any customer who resells water obtained under this Contract; or 4. fails to follow Sections 7, 8, 11 or 13 of this Contract. 20.INDEMNITY. VIOLET COVENANTS AND AGREES TO HOLD HARMLESS AND SHALL UNCONDITIONALLY INDEMNIFY, PROTECT AND DEFEND THE CITY, ITS ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, VOLUNTEERS AND REPRESENTATIVES OF THE CITY, INDIVIDUALLY OR COLLECTIVELY, FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, ACTIONS, LIABILITIES, LIENS, LOSSES, DAMAGES, COSTS AND EXPENSES, OF EVERY KIND AND CHARACTER WHATSOEVER, INCLUDING WITHOUT LIMITATION BY ENUMERATION THE AMOUNT OF ANY JUDGMENT, PENALTY, INTEREST, COURT COSTS AND REASONABLE LEGAL FEES INCURRED IN CONNECTION WITH THE SAME, OR THE DEFENSE THEREOF, FOR OR IN CONNECTION WITH LOSS OF LIFE OR PERSONAL INJURY (INCLUDING EMPLOYEES OF VIOLET AND OF CITY) DAMAGE TO PROPERTY (INCLUDING PROPERTY OF VIOLET AND OF CITY), TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF, OR INCIDENT TO OR IN CONNECTION WITH OR RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF, VIOLET, ITS AGENTS, SERVANTS, AND EMPLOYEES, OR ITS SUBCONTRACTORS AND THEIR AGENTS, SERVANTS, AND EMPLOYEES, IN CONNECTION WITH THIS AGREEMENT AND THE WATER TO BE SUPPLIED 11 UNDER THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY INCLUDED HEREIN, IN NO EVENT MAY THIS OR ANY PARAGRAPH UNDER THIS AGREEMENT BE CONSTRUED AS WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF EITHER OF THE PARTIES UNDER TEXAS LAW. IN ADDITION TO THE ABOVE, VIOLET ALSO COVENANTS AND AGREES TO HOLD HARMLESS AND SHALL UNCONDITIONALLY INDEMNIFY, PROTECT AND DEFEND THE CITY, ITS ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, VOLUNTEERS AND REPRESENTATIVES OF THE CITY, INDIVIDUALLY OR COLLECTIVELY, FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, ACTIONS, LIABILITIES, LIENS, LOSSES, DAMAGES, COSTS AND EXPENSES, OF EVERY KIND AND CHARACTER WHATSOEVER, INCLUDING WITHOUT LIMITATION BY ENUMERATION THE AMOUNT OF ANY JUDGMENT, PENALTY, INTEREST, COURT COSTS AND REASONABLE LEGAL FEES INCURRED IN CONNECTION WITH THE SAME, OR THE DEFENSE THEREOF, FOR OR IN CONNECTION WITH LOSS OF LIFE OR PERSONAL INJURY (INCLUDING EMPLOYEES OF VIOLET AND OF CITY) DAMAGE TO PROPERTY (INCLUDING PROPERTY OF VIOLET AND OF CITY), TO THE EXTENT CAUSED BY THE INTENTIONAL OR DELIBERATE MISCONDUCT, GROSSLY NEGLIGENT, WILLFUL ACTS OR OMISSIONS OF, VIOLET, ITS AGENTS, SERVANTS, AND EMPLOYEES, OR ITS SUBCONTRACTORS AND THEIR AGENTS, SERVANTS, AND EMPLOYEES, IN CONNECTION WITH THIS AGREEMENT AND THE WATER TO BE SUPPLIED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO VIOLATIONS OF ANY STATUTE, REGULATION, ORDINANCE OR PROVISION OF THIS AGREEMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY INCLUDED HEREIN, IN NO EVENT MAY THIS OR ANY PARAGRAPH UNDER THIS AGREEMENT BE CONSTRUED AS WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF EITHER OF THE PARTIES UNDER TEXAS LAW. 21.Authority to Execute. Both parties represent that the individual signing this Contract on behalf of each of the parties has been duly authorized to execute this Contract by proper ordinance or resolution of its governing body (e.g., the City's City Council and Violet's Board of Directors), and certified copies of the authorization shall be Exhibit "D," and Violet's authorization shall be Exhibit "E." 22. Notices and Addresses. Any notice, communication, or statement required to be given pursuant to this Contract will be in writing and deemed to have been received when delivered in person or three (3) days after mailing if sent by certified mail, postage prepaid, return receipt requested, to the address of the respective party indicated below: City of Corpus Christi Water Department 12 Attn.: Director of Water Operations 2426 Holly Road Corpus Christi, Texas 78415 Phone: (361) 826 -1689 Fax: (361) 826 -4326 Violet Water Supply Corporation Attn.: Violet Manager P.O. Box 1146 3051 highway 44 Robs #own, Texas 78380 Phone: (361) 387 -3350 Fax: (361) 387 -5248 23. Regulatory Agencies. Violet and City agree that the effectiveness of this Contract is subject to the jurisdiction of the TCEQ and is dependent upon compliance with the regulations in Title 31; Texas Administrative Code, Chapter 295 and 297_, Subchapter J., and any amendments thereto. 24. Periodic Review- of Contract Provisions. Violet and the City agree to review the terms and conditions set forth herein every five (5) years to determine whether or not a change in circumstances may require an amendment to this agreement. If a party determines that a change in circumstances requires an amendment then, in that event, the party recommending the amendment shall notify the other party in writing of the proposed amendment. The receiving party shall then have a period of thirty (30) days to review the proposed amendment and to advise, in writing either its acceptance of the proposed amendment, its objections to the proposed amendment or an offer of a counterproposal. In the event the parties are unable to agree on a proposed amendment, then, in that event, the parties agree to submit to the alternate dispute resolution process set forth in Paragraph 7. Billing, as set forth hereinabove. 25. Severability. In case any one or more provisions contained in this Contract is for any reason held to be invalid, Illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability does not affect any other provision of this Contract, and this Contract.will be construed as if the invalid, illegal,-,or unenforceable provision had never been contained in this Contract. 26. Captions. All titles of the sections of this - Contract have been inserted for convenience of reference only and are not considered a part of this Contract and in no way will they affect the interpretation of any provisions of this Contract. 27. Modifications. Any amendments, or alternative or supplementary agreements, to this Contract must be made in writing and duly executed by an authorized representative or agent of each of the parties to this Contract. 28. Parties at Interest. This Contract is for the sole and exclusive benefit of the parties, and shall never be construed to confer any benefit on any third party. This Contract will be binding upon and inure to the benefit of the parties and their respective successors and assigns where permitted by this Contract. 13 29. Texas Law to Apply. This Contract will be construed under and in accordance with the laws of the State of Texas. 30. Venue. Any action or proceedings relating to this Contract must be taken in Nueces County, Texas. The parties agree that the courts in Nueces County, Texas, shall have exclusive jurisdiction over this agreement. 31. Prior Agreements Superseded. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 32. All Agreements Contained in this Written Instrument, This Contract represents the entire agreement between the Violet and City and supersedes all prior negotiations, representations, or agreements either oral or written. The parties have executed this Contract in multiple counterparts; each executed copy shall be considered as an original, by their respective duly authorized representatives, this day of 2013 and is effective on the day of , 2013. 14 "VIOLET" ATTEST Sam Morris Secretary APPROVED this Charles W. Zahn, Jr. Violet's Attorney day of VIOLET WATER SUPPLY CORPORATION William Ordner President , 2013. ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2013, by William Ordner, President, Violet Water Supply Corporation, a water supply corporation, on behalf of said corporation. THE "CITY" ATTEST: Armando Chapa City Secretary Approved as to legal form this Veronica Ocanas Senior Assistant City Attorney NOTARY PUBLIC — STATE OF TEXAS THE CITY OF CORPUS CHRISTI Oscar Martinez Assistant City Manager for City Manager Ronald L. Olson day of 2013. 15 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2013, by Oscar Martinez, Assistant City Manager for City Manager Ronald L. Olson, City of Corpus Christi, a Texas home rule municipal corporation, on behalf of said corporation. NOTARY PUBLIC — STATE OF TEXAS [C DATE: February 21, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 Action Item for the City Council Meeting of March 26, 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 Execute Contract for Professional Services Water Supply Alternative Funding Strategies CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional . Services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $80,000.00, for Water Supply Alternative Funding Strategies. PURPOSE: The purpose of this Agenda Item is to execute the Contract for Professional Services with HDR Engineering, Inc. for Water Supply Alternative Funding Strategies. BACKGROUND AND FINDINGS: The City of Corpus Christi is facing significant water - related supply and infrastructure challenges arising from various factors, including: generalized growth, booming oilfgas industrial development, increased maritime trade, and potential increased wholesale service demands coupled with continuing, perhaps record drought conditions; low lake levels and reliability concerns increasingly - limited, readily - available excess water supply; aging infrastructure; and regulatory compliance issues. This has necessitated accelerated considerations of funding and constructing the Mary Rhodes Phase II pipeline project and how those costs might be shared with other parties. Also in recent years, the City has made great strides in addressing various utility planning, capital, and funding issues, including an overhaul and reform of its utility rate structures; enactment of a water supply development rate surcharge and associated reserve fund; formal provision of various levels of operating, contingency, and capital reserve accounts; adoption of various other capital program policies; and bringing the CIP process into timing synchronization with the annual budget process. However even with these actions, a more comprehensive array of funding and financing strategies is likely needed to better manage these significant infrastructure costs and their impact on future ratepayers. The scope of this project includes: (A) an analysis and contract negotiation support for the Mary Rhodes — Phase II project, and (B) an analysis of strategies to manage capital costs and help minimize impacts on customer rates. ALTERNATIVES: 1. Execute the Contract for Professional Services with HDR Engineering, Inc. as proposed. 2. Do not execute the Contract for Professional Services with HDR Engineering, Inc. as proposed. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2012 -2013 Water Operating Budget. EMERGENCY INON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: 71 OnArnfinci n Rpvp_nina F__1(- nr%ifn1 _'KIM —li —ki- Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $162,748.76 $162,748.76 Encumbered / Expended Amount 23,748.76 23,748.76 This Item $80,000.00 $80,000.00 Future Anticipated Expenditures This Project $6,000.00 $6,000.00 BALANCE 1 $59,000.00 1 $6,000.00 $53,000.00 runaks). vvaier uperaung i1iowvv,vuv ucni la� uvUn Gnwniueiea anu is renecieu in tneAppropriation Expenditure Report. Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $80,000.00. RECOMMENDATION: City Staff recommends the approval of the Contract for Professional Services with HDR Engineering, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Contract PROJECT BUDGET WATER SUPPLY ALTERNATIVE FUNDING STRATEGIES FUNDS AVAILABLE: Water Operating .................................................................--- ............................. $86,000.00 FUNDS REQUIRED: Consultant Fees: Consultant (HDR Engineering, Inc.) ....................................... ............................... 80,000.00 Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ...... ............................... 1,800.00 Engineering Services (Project Mgt/Constr MgtlTraffic'Mgt) .......... ............................... 2,800.00 Finance............................................................................ ....................... ........ 1,000.00 Misc.e.... . ................................................................ I.................. 400.00 TOTAL........................................................................... ............................... $86,000.00 PROJECT BUDGET BALANCE ............................................ ............................... $0.00 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.Q. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and H_ DR Engineering Inc., a Texas corporation, 555 North Carancahua, Suite 1600, Corpus Christi, Nueces County, Texas 78401, (ArchitectlEngineer — AIE), hereby agree as follows: 1. SCOPE OF PROJECT Water Supply Alternative Fundin Strategies Project No. E13012 —The scope of this project includes analysis and contract negotiation support for the Mary Rhodes — Phase II project and an analysis of strategies to manage capital costs and help minimize impacts on customer rates. 2_ SCOPE OF SERVICES The AIE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly iri4oioes) and provide contract administration services, as described in Exhibit "A ", to complete the Project. Work will not begin on Additional Services until requested by the AIE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The AIE 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 AIE and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services ortasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. AIE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Cantrad for Engineering {A1EJ ,%wWcea Pegs 9 c13 MENGINEERING DATAEXCHANGWENN 1FER%WATER1E13012 WATER SUPPLY ALTERNATNE FUNDING STRATEGIEMONTRACT HORICONTRACT_OOC 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 AIE a fee, as described in Exhibit "A ", for providing services authorized, a total fee not.to exceed $80,000.00, (Eighty Thousand Dollars and Zero Cents). Monthly invoices will 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. 7. LOCAL PARTICIPATION The City Council's stated policy is that City, -expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The 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. OmUea for ftkmmm (AIM set goes Page 2 of 3 K-WNGINEERING OATAEXCHANGEUENNIFERIWATER .E13012 WATER SUPPLY ALTERNATME FUNDING STRATEGIEMCONTRACT HOMCONTRACT_OOC 9. OWNERSHIP OFIDOCUMENTS ,10.'DISCLOSURE OF INTEREST AXE further 'a agrees,, in compliance with, City f Corpus Chrisfi Ordinance No, 17 , 11' 9 2, to complete, aspart of this contract, theDisclosure of lntl eestt�. fo . r CITY Of 'CORPUS CHRIST[ Oscar R. Ma Inez, Date Assistant City Manager RECOMMENDED Operatid4 Department K D-at& APPROVED AS TO FORM Office of Management Bate.. andBudgpt ATTEST Armando Chapa, City Secretary Project No E13012 Nc,.5,3000040,1�C.0230-EI3012 Fun.: Source Fund Name. Water Operating Encurnbrance:140, . ... ............. . . . ... . CmIrad for Enginadng CAM) KAENGINEEMNG UATAEXCHMaEUENOWEMWATERlEIM12WAWR SUPWALTEkNATM FUNDING PTRATEGIMCONT% & HDRMNTRACT.D00: EXHIBIT "A" CITY OF CORPUS CHRISTI WATER SUPPLY ALTERNATIVE FUNDING STRATEGIES PROJECT NO. E13012 SCOPE OF PROFESSIONAL SERVICES TO ASSIST IN MARY RHODES PIPELINE — PHASE II NEGOTIATIONS AND TO EVALUATE ALTERNATIVE FUNDING STRATEGIES FOR WATER SUPPLY AND OTHER WATER- RELATED INFRASTRCUTURE The City of Corpus Christi is facing significant water - related infrastructure challenges arising from various factors, including: generalized growth, booming oil /gas industrial development, increased maritime trade, and potential increased wholesale. service demands coupled with continuing, perhaps record drought conditions; low lake levels and reliability concerns increasingly - limited, readily - available excess water supply, aging infrastructure; and regulatory compliance issues. This has necessitated accelerated considerations of funding and constructing the Mary Rhodes — Phase 11 pipeline project and haw those costs might be shared With other.parties. Also in recent years, the City has made great strides in addressing various utility planning, capital, and funding issues, including an overhaul and reform of its utility rate structures; enactment of a water supply development rate surcharge and associated reserve fund; formal provision of various levels of operating, contingency, and capital reserve accounts; adoption of various other capital program policies; and bringing the CIP process into timing synchronization with the annual budget process. However even with these actions, a more comprehensive array of funding and financing strategies is likely needed to better manage these significant infrastructure costs and their impact on future ratepayers. This proposed scope of services would provide for: (A) analysis and contract negotiation support for the Mary Rhodes — Phase II project, and (B) an analysis of strategies to manage capital costs and help minimize impacts on customer rates. SCOPE OF SERVICES EFFORT A — PROVIDE ANALYTICAL AND NEGOTIATION SUPPORT FOR A MARY RHODES — PHASE 11 FUNDING AGREEMENT Task A -1— Assessment of Funding Proposals HDR would confer with the City on the current status of discussions with potential funding partners. HDR would review the current cost projections for the project and various project options, assess the timing of City regional water supply needs, and the current proposals and positions in the negotiations and recommend to the City a strategy for proceeding. HDR would then provide analytical support to the City, as needed, as negotiations proceed towards decision- making. Task A -2 — Coordination HDR would provide coordination support in meeting, briefing, or negotiating with various entities related to the potential protect which could include, among others: City staff, management, and Council; its Financial Advisor and Bond Counsel; and LNRA/Formosa. Given the unknown number of potential meetings, HDR has budgeted a placeholder amount for this. EXHIBIT "A" Pa e 9 of 3 EFFORT B — ASSESS AND RECOMMEND STRATEGIES TO MANAGE CAPITAL COSTS AND EFFECT ON THE RATES Task B-1— Data Gathering, Kick -off Meeting, and Policy Discussion HDR would initiate this effort with an initial kick -off meeting to discuss information sources, City goals, current funding programs and recent initiatives, policy issues, and to refine the study approach and subject matter. Task B -2 — Identify and Assess Measures that Affect City Capital Costs HDR will assess various techniques or market conditions that could lower City capital (project) costs and make recommendations to the City on possible program changes. This will include consideration of economies of scale and oversiaing, value engineering, strategic bidding approaches, construction market conditions, and cost - sharing through partnering. Task B-3 —Identify and Assess Factors that Affect Project Implementation HDR will review and assess existing City programs for project delivery and various forms of alternative delivery, ranging from more traditional approaches to CMAR to design -build to full privatization. Pros and cons of these project•deliveyy methods will be identified reviewing such factors as legal authority, . timeliness, quality of construction, span of City control, project cost, and administrative costs. Task B-4- identify and Assess Programs that Affect City Financing Costs In consultation with.City Finance Staff, MDR will evaluate interim construction funding, pros and cons of cash. versus debt project funding, mixes of cash /debt funding, debt funding through market versus subsidized loans, tax - exempt versus taxable bond implications, and potential grant programs. HDR will make recommendation to the City for possible program changes.- Task B-5 — Identify and Assess Factors that Affect the Timing of Capital Costs HDR will identify and assess factors that affect the timing of capital costs, including situations where the timing of implementation of projects is under City control and just -in -time construction can be accommodated, or alternatively, where external forces and opportunity are governing the timing of action that might result in carrying the cost of excess capacity for a longer period of time. Other factors to be reviewed that affect the timing of costs would include such factors as deferred payment approaches (ex. timing of bond issues and first payments, interest -only and backloading debt schedules, deferred payment subsidized loans, etc.). Again, recommendations would be made for City consideration. Task 04 — Funding Approaches that Affect the Incidence of Risk, Who Pays and How In this-task effort, HDR will examine cost allocation and revenue recovery methods that can affect the incidence of risk, who pays, how they pay, and resulting customer equity considerations. This review will examine alternative utility rate funding approaches; rate surcharges; impact fees of various forms; and contract provisions. These mechanism will be assessed for customer equity; funding effectiveness and revenue stability; risk incidence, implementation issues, on going administrative costs, and legal /regulatory defensibility. Recommendations would be made for City consideration. Task B -7— Coordination, Reporting, and Scheduling HDR proposes close coordination with the City staff through regular phone and e-mail communications, scheduled coordination meetings or presentations to staff at key milestones in the effort. Our budget assumes two work sessions with City staff and one presentation to the City Council. EXHIBIT "A" Page 2 of 3 HDR will prepare and deliver 10 copies of a draft and final report. The draft report will be provided to the City and allow for a two weeks comments period, and then submission of a final report. Given Notice to Proceed, it is anticipated that this portion of the study effort will take approximately 90- 120 days to prepare a draft report for City review. SCHEDULE For the Phase A efforts concerning the Mary Rhodes Phase 11 negotiations, HDR would perform on an on- call or as- needed basis and continue to support the City until the effort is completed or budgeted funds are expended. For the Phase B efforts concerning capital cost management and effect on the rates, HDR will prepare a draft report for City review within 50 -90 days of Notice to Proceed. BUDGET HDR proposes to conduct the study effort for an amount of $80,000. This fee is proposed on a per diem basis, not to be exceeded -without advance written authorization from the City. Extra coordination, if desired, can be provided on a per diem basis at the hourly rates shown in Table 1. Billing would be made on a monthly basis with payment due within 45 days of invoicing. TABLE 1 _ PROPOSED PROJECT BUDGET - -� -- MARY RHODES PHASE U SUPPORT AND CAPITA!. COSTS AND FUNDING STRATEGIES EVALUATION - A LABOR EXPENSES - - -- Effort - - - - -- - - - Pn$ed Saw- Flnmi M I Total - - MW MWW WW ayby er Ana "t f- awcal' Tate! H Mas ! Cost EPFORTA - [VARY RF{ GOES - PH0.SE 11 CONSIDERA'1fONS1NE30'PIATiO{IS ' task A-1- PnWe Maly *el & Negotlatlosi Si wit -- - - -- - - -- 40.0 - - 24.0 - -- - - ° - -- - 64.0 S 15.781 Tack A-2 - ProNde Caoa9tatlon Support 4&0 24.0 4.0 76.0 $ 78 0 71.954 Sub-Total 88.0 45.0 - 4.0 140.01$ 33.735 EFORT B - Cmt& STRATt3GIEa _ - '- Task 8-1- ki8al PaBcy I)>tedlon & - . -. _.... . _ ... -• -- - 12.0 ' - - B.P -- -- - - - - _ 20.0 S q.940 Task 8-2- Measures that AHed City BWltffi Casts - - aA _ t2a -- 16 0 E 4.041 - Task 93 - Faetas dud Al W Pmled �_ - - - - - - - - - 4.0 18.0 --- - -� - - - - - - 22.0 .3 5.580 Task B-4 - PrcgTanu that A1tsd My Costs - ti - - - 12 0 GA - - -- 18.0 . S 4.425 _.... Task tad - Faetas Ihat AHeat the'U nB of CepBel Casts - . _ __ _ 8.0 _ - 8 0 - -_ -- - -- 14A 3.484 ' Task B 8 -funds that Affect the drcldenca of Risk. Who A &Haw - n9APP.- 16.0 6A __S -22.0 S 5.389 ..__.:. Task B-7 - C m !!22!Wj. and ScheUrg 30.0 30A - 4.0 64.0.$ 15.163 _Sut~Total 88.0 86A ToW Lebw Hums 174.0 134.0 - 8.0 316.0 .._.. Isaded I ahorEYperrse per Hour' S 241 $ 257 $ 146.$ 02 Ta1at!B6acExpense; ;._ - - - -- -- - 41,es3 s - 34.37e a - -- - - - - $ - - - -- ._7&73a - B.- NONLABOREVE -- U t - - - - -- ° - -MES -. - -- - Price M@ae0e -Rw Mp A�s1kVHarasata -- -- -----.. .. ._ . 3,52U . tulles E 0.50 PW n*e- 9e 318 moms S 3.70 per hcur S 1.1e9 - CatrunurdcalEans ea $ - _ - -° i ' _ U. $ - 25 -- -29 20 reports $ 5; ea y... -100 - ..,. Mlsc. .S i . , ea 8 _ _ 28tt I Ls. E 20B . .._.__,..... ... ------- {-- - - - -. -. +i-- C TOTAL PRWEU BUDGET EXHIBIT "A" Page 3of3 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 famish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance oompany(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 INSURANCE COVERAGE 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, offers, directors and agents 1. Errors and Omissions WORKERS' COMPENSA EMPLOYERS' KWM&wwim OaaE> 1i. NK1FERIFORMS%Embit 13 forLwwdo= $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 nz EXHIBIT "B" Pagel 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 Consultanfs_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 K74—iM UaW8a=Q0UENNIFffW0RMM0W 8 Tor LazWd= 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, andfor withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shalt 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 KWGh%" 1)WaeCh-9OUEM1FMFORMS1F:JMft 0 W LarWdm .. E QN m DEC c .W m W O c . CL m L O �' a a c c _ m 3 u o � c Q o U . c CL C N C E: Ems: lu R Z G c c Lu X O O Oa (L 2 z Imo � It � IL a CL FE V, U Z Ic E a .r Q C c i .Pl 0 SR 0 0 o p o a o p o p 0 �.-12 0 O to O Q Q N Q Q t) Q Q T 0 co N °o 10° °o © ❑0 0 °o00° o to 0 L m to to 0 N619, Nc, � O O o° O 0 Q Q ❑ ©❑ 0 O Q O Q to to m m I L 6g .. 6s p Q Q 0 O O❑ ❑❑ O 0 O to Q � LO ED m m to N r 6s O O b O to g N N❑❑ 0� to� Ch M `� m 0 4 (� to N O � to � � f- ti N i+ 01 TZ Vi M r d> elf r r 6A !F} r 69 Q N Q N 64 O N m 171 m CM N [ND_ r- �- r r V- r.- N 69 641). 643, 69) CD 69 O p 0 U) N Q❑ry�❑❑ N O N N W ... m r T T Q N 6% d3 EH 6f} Q°_Qt°ot°no° QQQmmmC CD °aC o° 49 N N cm F- I- 6% 6R. ( N N N U N 2 ad U U! C N C C M co E rna o m a` o m U C0 N N Z N c7 � co Lt_ C m Q (a ° 1i w w ql N CL M C co „ p [A ca Z c w C ¢ E 'w is 3 A( d- s 0co nm¢� EXHIBIT "C" Pa e 9 of 1 .r Q C c i .Pl 0 SR 0 0 o p o a o p o p 0 �.-12 0 O to O Q Q N Q Q t) Q Q T 0 co N °o 10° °o © ❑0 0 °o00° o to 0 L m to to 0 N619, Nc, � O O o° O 0 Q Q ❑ ©❑ 0 O Q O Q to to m m I L 6g .. 6s p Q Q 0 O O❑ ❑❑ O 0 O to Q � LO ED m m to N r 6s O O b O to g N N❑❑ 0� to� Ch M `� m 0 4 (� to N O � to � � f- ti N i+ 01 TZ Vi M r d> elf r r 6A !F} r 69 Q N Q N 64 O N m 171 m CM N [ND_ r- �- r r V- r.- N 69 641). 643, 69) CD 69 O p 0 U) N Q❑ry�❑❑ N O N N W ... m r T T Q N 6% d3 EH 6f} Q°_Qt°ot°no° QQQmmmC CD °aC o° 49 N N cm F- I- 6% 6R. ( N N N U N 2 ad U U! C N C C M co E rna o m a` o m U C0 N N Z N c7 � co Lt_ C m Q (a ° 1i w w ql N CL M C co „ p [A ca Z c w C ¢ E 'w is 3 A( d- s 0co nm¢� EXHIBIT "C" Pa e 9 of 1 N N U N 2 ad U U! C N C C M co E rna o m a` o m U C0 N N Z N c7 � co Lt_ C m Q (a ° 1i w w ql N CL M C co „ p [A ca Z c w C ¢ E 'w is 3 A( d- s 0co nm¢� EXHIBIT "C" Pa e 9 of 1 N N Z N c7 � co Lt_ C m Q (a ° 1i w w ql N CL M C co „ p [A ca Z c w C ¢ E 'w is 3 A( d- s 0co nm¢� EXHIBIT "C" Pa e 9 of 1 EXHIBIT "C" Pa e 9 of 1 SUPPLIER NUMBER TO BE ASSIGNED Bl"trrT-- PURCIIASINIG DIVISION w+.:r City of CITY OF CORPUS CHRISTI 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 answcred. If the question is not applicable, answer with '`NA ". See reverse side for Filing Requirements. Certifications and definitions. COMPANY NAME: HEIR Engineering, Inc. P. O. BOX: STREET ADDRESS: 555 N. Carancahun, Suite 1600 ° CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association N 5. Other 8 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate street. 1. State the names of each "employee" of the City of Corpus Christi having an `'ownership interest" constituting 3% or more of the ownership in the above named "firm. Name Job Title and City Department (if known) N.A. 2. State the names of each "official°' of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the wamership in the above named "firm." Name Title N.A. 3. State the names of each "board member" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N.A. 4. State the names of each employee or officer of "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named '•firm: ' Name Consultant N.A. FILING REQUIRE, MENTS 1f person yho requests official action on a matter kno shalt the requested action :will :ctiii.fcr an eecstlomac belie t on ally City official or:empluyee that is distinguishable from the effect .that the actia 01 halo ort i embers of die public in general or a subswr.mnl segment thuredf voii sluall . disclose that fact itt.a signed writing to the City official, employee or body that has been requested to act ttt "tile ttla er, ttttlrrss the interest of the 'City° off ctal or emplov.6 in, The matter is appparent 'fate disclosure shall also. he trade .its a sig,rtcd .�� °ritiu4 filed with ;flit: City SecretarY [Ethic.. Ordinance Section jA49 (i),I CERTIFICATION I certify that all information provided is true nit& corredas..of the date of"this statement, that 1 have not knowingly xithheld disc losure of a :t}' trtfnrttiatton ..requested: and that supplemental statenret is will b� prc�utptly submitted to the city orCricl3tts Chrkti.'ie.�:ts as clvtrt�:zs occur. Cerdl ring Person- Cart E. Crull,P E. "Iitie;: Vice I'resittti t .. Cr' Ynx Print): Signature afterti ying Person'. DEFIITI.Qi a. "t�rc:tnenler" E mezilcr of } itc, a} c?nttaifte tppointed hr the s ott Gi.- Co.unatofttte City of c Orpt is Cliristi,'rexas. b_ ":Fconornic benefit ": An action that is likely to affect an economic Interest if it is likety to h;avc an effect on tltat:intere:st.`that is distinguishable frtttn its effect cyrt meanbers of the pttblie in general or a substantial segment thereof. e'. ' Etttplpti °ec,tty person eripta� ell by life Cityf Clrpus ClYristc' 'ftas cilicr lilt a flail or part-time basis, asis .but not as an independent contractor. d 'Firtai ' Aria cniity operated for economic gain. L+ pother professiortal, industrial or, commercial, and tvhether established to produce or deal xv th a prodatt or simice, incl dints but not limited tea, ettttfies t�perated in the :form of sole :proprietorship, as scli-etstplci} °cd perstatt, ;Wnershtp, carpe rat; tact, joint steel: cvtaapany, joint tferatui-c, rc ceivcrsltip or trust, and entities t'4'hien fear purposesortraxation are treated as tttazt.- profit orgrtnt itions, The Mayor, nienibers of life Ob..-- Couticil City j-ianager, Dap uty t� fit° Manager, assistant City Managers., Depannient and Di isican f ieads and Municipal' Court .;lodges of the City of Carpus Christi Texas. f: "Ownership Interest." Legal or ecluitatble interest,: whether actual[) :car'constructixely held, in a firm, includtnt; When such interest is held through gin agent trust;,. estate, or holding entity. "Canstructtvely. held" refers to h dings or cotilrol estrsbf sltetl tlirtrugh Voting trust:., proxies, or special terms awn.1.1rre or partne.rsitip agreements," g "Carasul:tant. " Any .person or firm, such wi engineers and architects, hired lad, tite Ciih: etC Corpus Christi for the purpose of professional consultation and recommend atitstt: AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 Action Item for the City Council Meeting of March 26, 2013 DATE: March 19, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb cctexas.com (361) 826 -3169 Dan Biles, Director of Engineering Services danba,cctexas.com (361) 826 -3729 Aluminum Traffic Signs CAPTION: Motion approving a -supply agreement with Custom Products Corporation, Jackson, Mississippi for aluminum traffic. signs -in accordance with Bid Invitation No. BI- 0097 -13 based on lowest responsible bid for an estimated annual expenditure of $133,994.56, of which $44,664.85 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 Traffic Engineering FY 2012 -2013. PURPOSE: These traffic signs will be installed throughout the City to control traffic. BACKGROUND AND FINDINGS: All extensions to the previous supply agreement have been exercised, thus requiring the City to issue a new Bid Invitation. Specifications and estimated quantities were developed in cooperation with Traffic Engineering. 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 INON- EMERGENCY: Non - emergency. DEPARTMENTALCLEARANCES: Traffic Engineering 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 $283,516.20 $89,329.70 $372,845.90 Encumbered 1 Expended Amount $51,526.72 $0 $51,526.72 This item $44,664.85 $89,329.70 1 $133,994.55 BALANCE $187,324.63 J $187,324.63 Fund(s): Street Fund Comments: The $44,664.85 financial impact shown above _represents four months of expenditures that will be encumbered through the end of this fiscal year. The remaining $89,329.70 for the last eight months of the contract will be requested for next fiscal year during the normal budget 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- 0097 -13 BUYER: GERALD GOODWIN ALUMINUM TRAFFIC SIGNS Custom Products Corp. Jackson, MS Vulcan Signs Foley, AL Pathmark Traffic Products San Marcos, TX Rocal, Inc. Frankfort, CFI American Signal San Antonio, TX EXT EXT EXT EXT EXT ITEM DESCRIPTION QTY I UNIT PRICE PRICE PRICE PRICE PRICE Approximately 4,700 each Traffic Signs to include Stop, 1 Yield, Speed Limit, Directional, 1 lot $133,994.55 $134,732.60 $152,211.25 $158,959.10 $186,310.00 Parking, and School Zone. DATE: March 19, 2012 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 Action Item for the City Council Meeting of March 26, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikebCcb-cctexas.com (361) 826 -3169 Valerie H. Gray, Director of Storm Water and Street Operations vale rieg(7cctexas.com (361) 826 -1875 Bergkamp Flameless Pothole Patcher Trucks CAPTION: Motion approving the lease- purchase of two (2) Bergkamp Flameless Pothole Patcher Trucks from Freightliner of Austin, Austin, Texas for a total amount of $277,074.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funding is available from the City's lease- purchase financing contractor. PURPOSE: To be used by the Street Department to repair City streets. BACKGROUND AND FINDINGS: These units will be replacement units. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Financing for the lease- purchase of the Bergkamp Flameless Pothole Patcher Trucks is based on a sixty -month term with an estimated interest rate of 1.89% for an annual payment of $58,117.98. The total estimated cost over the five -year period, including principal of $277,074.00 and interest of $13,515.89, is $290,589.89. Funding is available through the Street Fund. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY INON- EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT. n Operating ❑ Revenue x Capital ❑ Not applicable Fiscal Year: 2012- 2013 . Project to Date Expenditures CIP only) Current Year Future Years TOTALS Line Item Budget $779,014.98 $280,903.57 $1,059,918.55 Encumbered 1 Expended Amount $581,737.05 $0. $581,737.05 This item $9,686.32 $280,903.57 $2907589.89 BALANCE $187,591:61 $187,591.61 runa(sy Street tuna Comments: The $9,686.32 financial impact shown. above represents two (2) months of payments that will be encumbered through the end of this fiscal year. The remaining $280,903.57 for the last fifty -eight (58) months of the lease- purchase payments will be requested for future fiscal years during the normal budget process. . RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN . TLGPC CONTRACT NO. 358 -10 PRICE SHEET BERGKAMP FLAMELESS POTHOLE PATCHER TRUCKS Freightliner of Austin Austin, Texas UNIT EXTENDED ITEM DESCRIPTION QTY.1 UNIT PRICE PRICE Bergkamp Flameless Pothole Patcher, M2 106 1 Freightliner Chassis, 250 HP Cummins Engine, 2 Each $138,537.00 $277,074.00 Automatic Transmission, Hopper, Compactor, and Controls. TOTAL: $277,074.00 DATE: March 19, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 Action Item for the City Council Meeting of March 26, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb cctexas.com 361 -826 -3169 Valerie H. Gray, Director of Storm Water and Street Operations valeriege,cctexas.com 361 - 826 -1875 11 Two Asphalt Crack Sealing Machines 11 CAPTION: Motion approving the lease purchase of two (2) asphalt crack sealing machines (trailer mounted) from Crafco Texas, Inc., of San Antonio, Texas for a total amount of $96,740.34. The award is based on the cooperative purchasing agreement with the Texas Local Government Cooperative. The .equipment will be used by the City's Street Department. These units are replacements to the fleet. Funds for the lease purchase of the machines will be provided by the City's lease purchase financing program. PURPOSE: The asphalt crack sealing machines will be used by the Street Department to repairlseal cracks on the asphalt pavement surface. The asphalt crack sealing machines heat and melt asphalt sealant material which is then applied on pavement cracks, filling and sealing the cracks, thus extending the life of the pavement surface. BACKGROUND AND FINDINGS: Crack sealing is considered °a cost effective preventive maintenance pavement treatment. Sealing pavement cracks protects the underlying base and subgrade from moisture intrusion which cause pavement deterioration and premature pavement failure. ALTERNATIVES: Not Applicable. OTHER CONSIDERATIONS: The crack sealing machines will be funded for a sixty -month period with an estimated interest rate of 1.89 %. The actual interest rate will be determined after acceptance of the machines. The estimated annual payment is $20,291.88. Total estimated cost over the sixty -month period, including principal of $96,740.34 and the interest of $4,719.06 is $101,459.40. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY INON- EMERGENCY: Non - Emergency. DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating a Revenue X Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Ekpenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $779,014.98 $96,386.43 $875,401.41 Encumbered 1 Expended Amount $581,737.05 $581,737.05 This item $5,072.97 $96,386.43 $101,459.40 BALANCE $192,204.96 $192,204.96 runaks): atreet Tuna Comments: The $5,072.97 financial impact shown above represents three months of payments that will be encumbered through the end of this fiscal year. The remaining $96,386.43 for the fifty seven months of payments will be requested in future years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO COUNCIL DATE: MARCH 26, 2013 ITEM I DESCRIPTION (Asphalt Crack Sealing Machine, trailer mounted, pump, burner and applicator wand. TOTAL: PRICE SHEET_ BUYBOARD CONTRACT NO. 345 -10 ASPHALT CRACK SEALING MACHINE CRAFCO TEXAS, INC. San Antonio, Texas UNIT EXTENDEE QTY. UNIT PRICE PRICE 2 Each $48,370.17 $96,740.34 $96,740.34 DATE: February 13, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 Action Item for the City Council Meeting of March 26, 2013 TO: Ronald L. Olson, City Manager (Qj FROM: Michael Armstrong, Director of Municipal Information Services MichaelAr@cctexas.com 361- 826 -3735 Update existing LANDesk licensing to LANDesk Data Analytics Suite. CAPTION: Motion authorizing the City Manager, or designee, to execute a 3 -year contract with SHI, Inc., of Austin, Texas for an estimated expenditure of $252,911.94. The cost will be paid in 3 annual payments of $84,303.98. The purpose is to update existing LANDesk Service Desk and management suite licenses to an enterprise solution and this. cost includes maintenance costs for the 3 -year period. SHI, Inc. is a Texas Department of Information Resources raeseiler number DIR -SDD -1009. PURPOSE: Approval of this contract would update our existing LANDesk licensing to an. enterprise solution enabling the City to run the entire LANDesk suite of applications, city - .wide, at.no increase in cost over previous limited application licensing. BACKGROUND AND FINDINGS: Updating our existing licensing will add the ability for Municipal Information Systems department to incorporate Information Technology inventory within the LANDesk management suite. It will also manage software .ficense compliance and aid us in salvaging licenses for reuse resulting in new cost savings for the City. Every department requires inventory data to manage their Information Technology assets and expenditures. This update allows us to bring that data into the LANDesk suite to take advantage of automated integration and reporting. The present reporting process requires manual comparison of almost 6,000 items of Information Technology- inventoried hardware throughout the City, prior to disseminating the information to departments for budgeting and ordering Information Technology hardware. The City has been utilizing LANDesk under several names since 2403 as our Service Desk application, remote access application, and process management software. Individual instances of process rnanagemerit'are in use by Municipal Information Systems and the Police Department, and processes have been created, but not used, in the Legal Department and the Public Information Office. ALTERNATIVES. Continue using LANDesk as presently licensed without inventory and license compliance features. OTHER CONSIDERATIONS: Moving to LANDesk Data Analytics does not require:a cost increase. LANDesk offers this to secure our business for a three -year agreement period. CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY f NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Department and Office of Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital o Not applicable ... .,,`. 1, 1v-1 ffFV41 tl it Vt t 14CLUUt 1 J=1 VILA -wb Comments: Total cost of the 3 -year contract is $252,911.94. This is a Texas Department of Information Resources quote that will -be paid in three annual payments. Funds have been budgeted for this expense and are available in 5210- 40420 - 530160, Rentals. RECOMMENDATION; Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: SHI, Inc. Quotation SHI, Inc. Agreement Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS Line Item Budget 84,303.98 168,607.96 252,911.94 Encumbered ! Expended Amount This item 84,303.98 168,607.96 1252,911.94 BALANCE 1 X. RA ... __.— _ f_ 1 0 0 0 ... .,,`. 1, 1v-1 ffFV41 tl it Vt t 14CLUUt 1 J=1 VILA -wb Comments: Total cost of the 3 -year contract is $252,911.94. This is a Texas Department of Information Resources quote that will -be paid in three annual payments. Funds have been budgeted for this expense and are available in 5210- 40420 - 530160, Rentals. RECOMMENDATION; Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: SHI, Inc. Quotation SHI, Inc. Agreement Pricing Proposal Quotation #: 6231198 Created On: 1/22/2013 Valid- Until: 313012013 CITY OF CORPUS CHRISTI Inside'Sales Manager .Jesse Carman :Jay Martell 1201 LE=OPARD ST 130T South Mo -Pac Expressway CITY HALL BASEMENT Suite $76 CORPUS CHRISTI; TX 78401 Austin, TX 78746 United Stites Phone: 800 -870 -6079 Phone- (361) 826 -3765 Fax: 512 - 732 -9232 Fax .(361) 826 -4355 Email: Jay Martell@SHI.Com Emai: jessecar@cctexas.com LANDesk -Part#: LDTUM -M-04 All Prices are in US Dollar.(USD) Product Qqr. Your Price Total 1 Cloud ServlcesMtgmt Gateway Appliance .MNT ... 1. $3,855.94' $3,855.94 EAN€?esk - Part#: SCNT- PUA- LDMG1000" Note: DIR =SDD -1009, 3/30/2013 - 3/2912016 2 LANDesk Total User:Management:Bundle License Upgrade froin LDMS (User Based) 2896 $35.00 $1.01,360.00 2000-4999. t.ANDesk - Part#;LDTUM- L- UPG -04 Note: DR-SDD -1009 3 LANDesk Total User Management Bundle Maintenance (User Based) 2000 -4999 2896 IJANDesk - Part#: LDTUM -M-04 146tre: - DIR -SDD -1009, 3!3012013 - 3/29/2014 $17.00 $49,232.00 4 LANDesk Total User. Management.Bundle Maintenance (User. Based) 2000-.4.999 2896 $17.00 $49,232.00 LANDesk - ParW:.LDTUM -M-04 Note: DIR -513D -1009; 3/30/2014 - 31291201.5 5 I:ANDesk Total User Management Bundle Maintenance (User Based). ?0004999, 2896 $17.00 $49,232.00 LANDesk -Part#: LDTUM -M-04 Note: DIR =8I7DA 009, 3/30/2015 - 312912016 Trial $252,911.94 Additional Comments * *Per finance agreement with EANDesk, there will he 3 equal payments of $84,303.98 „Due Mamh 2013, 2014, 2015. The firat.of 3 payments due each March-29th of 2013, 2014, 20151* DR-SDD -1009 Good afternoon: Here is the price quote you requested. Please provide end -user contact information (first name, last name, and email address) for all orders..Net including.this information may result in a decay In order processing. Also, please Include SHi quote number on your PO. Please contact me ff you have any questions, The Products offered under this proposal are subject'to the SHl Return Policy posted at www.shi.comlreturn ofic , unless More is an existing agreement between SHi and the Customer. *"Please note ** We will need a copy of your ~ -- Sales Tax Exemption Certificate faxed back with the signed documents. Thanks COVER LETTER AGREEMENT # 9659000 FEBRUARY 7, 2013 CITY OF CORPUS CHRISTI " *WE WILL NEED A COPY OF THE BOARD MINUTES AND 1201 LEOPARD ST PIGGYBACK CONTRACT /RFP. ** CORPUS CHRISTI TX 78401 RE:. Agreement # 1689000 Dear Valued Customer, Thank you for selecting SHI international Corp for your financing needs. Enclosed are the documents needed to complete the transaction. Please complete each item below marked with an "X," and return to me accordingly. Please note the payment amount is valid for 90 days, after 90 days it is subject to change according to current pricing. X Sign and date the Agreement, both pages, by the X" X . If the equipment has been delivered and Is satisfactory to you, please sign and date the Delivery and Acceptance Certificate by the'X" to verify equipment delivery acceptance. X Fax a copy of all documents (front -and back) to me at 866- 977 -0937 X Sign and return all original documents (along with the Advance PaymentiSecuelty Deposit for $0,00, it applicable) to SHI International Corp. '- Please do Nor return the Delivery and Acceptance Certificate if the equipment has yet to be delivered: Please hold the Dellvery and Acceptance Certificate until the equipment is delivered. Once delivered, fax it tome at 886- 977 -0937. That will be our indication that you are ready to start your contract NA Within sixty (60) days of the start of the Agreement, please provide proof of property and liability insurance. Please list SHI International Corp and its Assigns as Lender's Loss Payee and Additional. Insured. Please fax certificates to 800 -328- 9092 or mail to. SHI International Corp, Attn: Insurance at 1310 Madrid Street, Marshall MN 56258. NASign and date the Epay form for the Advance Payment/Security Deposit. Please attach a voided check for routing number purposes. X Provide SHI International Corp with your Federal Tax ID number and Tax Exempt Certificate, if applicable. NAMake a photocopy of driver's license of all signers. Please overnight the above documentation to: SHI International Corp Attn: Amy Bruns 1310 Madrid St Ste 105 Marshall MN 55258 Thank.you for the opportunity to assist you with your financing needs. if you have any questions or concerns, please feel free to contact me at 800- 828-8246 ext 7126. Sincerely, Brady Webb Finance Specialist P.S. Make a copy of the signed agreement documents to keep for your records. Thank you for your business! 10292 REV 06112 Installment Payment Agreement The words Customer, you and your refer to Obligor. The words Lender, Secured Party, we, us and our refer to SHI International Corp. OBLIGOR INFORMA • FULLLEGALNAME STREETADDRESS CITY OF CORPUS CHRISTI 1201 LEOPARD ST CITY STATE ZIP PHONE FAX CORPUS CHRISTI TX 78401 361- 826 -37$5 FINANCED ITEMS LOCATION (IF DIFFERENT FROM ABOVE) E -MAIL SAME AGREENEF NTAO. 1689000 BIWNG STREET ADDRESS (IF DIFFERENT FROM OBLIGOR ADDRESS ABOVE) u l r STATE ZIP - SAME DESCRIPTION OF 1 • • 1- LANDESKTOTAL USER MANAGEMENT BUNDLE (USER BASED)2000 -4999 1 -CLOUD SERVICESIMGMT GATEWAY APPLIANCE MNT Advance Payment: $ 0.00 I SEE SCHED B Payments of $ SEE SCHED B If no Advance Payment is required, the first Payment is due 2. days eRerthe The contract payment CPaymenf") period is monthly unless otherwise Indicated. Interim Agreement start data due date adjustments Y49 be in an amount equal to 11301h ofthe Payment, multiplied by the Amount Financed: $ 252.911:94 number of;days beturaan the Agreement start date and the first Payment due date. Upon acceptance of the Financed Items, THIS AGREEMENT IS NONCANCELABLE, IRREVOCABLE AND CANNOT BE TERMINATED. 1, AGREEMENT: This Agreement is made in connection with the Iicense to be granted to you by licensor of certain software and the provision by licensor of certain related implementation, integration, support and/or professional services in connection with'the licensed software, all as further described in the software license agreement identified above (°License Agresment'). For business purpmes,orty, you have requested that we francs licensed software ('Licensed Softwarej and services (`Services ") identified in the License Agreement, and all as dwribed on this Agreement, as it may be supplemented from time to time (collectively rafarred to as 'Financed Itams"). You agree to all of the terms and conditions contained In this Agreement and any supplement, which (with the acceptance cartitfeatlon) Is the entire agreement regardlrrg the Financed Items CAgreement7 and which supersedes any order or Invoice. You authorize us to correct or Insert missing Financed Items identification Ihformation and to make corrections to your proper legal name and address. This Agreement-becomes valid upon execution by us and will start on the date we pay the licensor, If any provision of this Agreement is declared unenforceable in any jurisdiction; the other provisions herein. shall remain in full force and effect in that jurisdiction and all others, This Agreement may not be prepaid. 2, PAYMENTS, TAXES AND FEES: You will pay file Payments (as adjusted) when due. The base Payment and the Amount Financed may be adjusted proportlonately upward or downward: (1) by up to 10% to accommodate changes In the actual Financed Items cost; (2) if the shipping charges differ from the estimate given to you; and/or (3) if a down payment or deposit is deducted. You agree to pay when duo all taxes (including personal property taxes), assessments, levies, lmposts, duties and charges, of any kind or nature, imposed upon the Financed items or for its use or operation or upon this Agreement. At our option, we may discharge taxes, liens or other encumbrances at any time levied or placed an the Financed items, and you agree to reimburse us when we request and to pay us a processing fee far each expense or charge we pay an your behalf. We may charge you a fee for Ming, searching and/or Sting costs required under the Uniform Commerdal Code (UCC) ar other laws. By the date the first Payment is due, you agree to pay us an origination fee in the amount of $150.DD to cover us for all closing costs. We will he" the right to apply all sums received horn you to any amours due and owed to us under the terms of this Agreement. if for any reason your check is returned for nonpayment, you will pay us a bad check charge of $34 or, if less, the maximum charge slowed by law. We may make a profit on any fees and other charges paid under Us Agreement you certify that you have reviewed and do agree to aft.terms and conditions of this Agreement on this page and on page CITY OF CORPUS CHRISTI 10572 REV 10/12 Page I of 2 t )..Ise Agu0s Assistant City AttOtfy C- n$., A#norknit 3. SECURITY INTEREST: You grant us a security interest in the Licensed Software, tha License Agreement, including without limitation, all your rights in the Licensed Software granted thereunder, all rights to payment under the License Agreement and all proceeds of the foregoing to secure all amounts you owe us tinder any agreement with us, and you authorize us to flea financing statement (UCC -1) to show our interesi. You will not change your state of organization, headq uarters or residence without providing prior written notice to us so that we may amend or 1118 a new UCC -1. You "It notify us within 30 days H your state of organization revokes or terminates your existence. 4. LOSS OR DAMAGE: YOU HEREBY WAIVE ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT LIABILITY OR ABSOLUTE LIABILITY IN TORT) THAT YOU MAY HAVE AGAINST US FOR ANY LOSS. DAMAGE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, OR SPECIAL, INCIDENTiAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE CAUSED BY THE FINANCED ITEMS COVERED BY THE LICENSE AGREEMENT OR ATERMINATION OF THE LICENSED SOFTWARE PURSUANT TO SECTION 8 HEREIN, EVEN IF WE HAVE BEE14 ADVISED OF THE. POSSIBILITY OF SUCH DAMAGE, LOSS,. EXPENSE OR COST. If the Licensed Software is destroyed, you will pay to us the unpaid balance of this Agreement, including any . future Payments to the end of the term discounted at 2%. 5. ASSIGNMENT: YOU HAVE NO RIGHT TO ASSIGNOR IN ANY WAY DISPOSE OF ALL OR ANY OF YOUR RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT THE FINANCED rrEMIS OR THE LICENSE AGREEMENT, without our priervuritton consent. Without our prior written consent, you shall not reorgardae or merge with any other entity ortransfer all or a substantial part of your ownership interests or assets. We may sell, assign, or transfer this Agreement without notice. You agree that if we sell, assign or transfer this Agreement, our assignee will have the same rights and benefits that we have now and will not have to perform any of our obligations. You agree that our assignee will not be subject to any claims, defenses, or offsets that you may have against us. You shall cooperate with us in executing any documentation reasonably required by us or our assignee to effectuate any-such assignment. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. B. DEFAULT AND REMEDIES: You will be in default if. (a) you do not pay any Payment or other sum due to us or any other person when due or if you fail to perform in accordance with the covenants, terms and conditions of this Agreement or any other agreement with us or any of our affiliates or any material agreement with any other entity, including but not limited to tyre License Agreement, (b) you make or have made any false statement or misrepresentation to us, (c) you or any guarantor dies, dksolves or tarminales existence, (d) there has been a material adverse change in youror any guarantors.financial, business or operating condition, (e) any guaransordefaults underany guaranty for this Agreement, or (f) the License Agreement Is terminated. If any part of a Payment is more than 5 days -late, you agree to pay a late charge of 10% of the Payment which is late or if less, the maximum charge allowed by Is If.you are ever in default, at our option, we can terminate Ihis Agreement and require that you pay the unpaid balance of this Agreement, including any future Payments to the and of the term discounted at 2%,and inaddifion we shall have the right to cause the termination of all Financed Items We may recover default Interest on any unpaid amount at the rate of 12% per year. Concurrently and'aimulatively, we r `a also use any or all of the re medies available to us under Article g of the UCC and any other law, including requiring that you: (1) deliverthe licensed Software to us to a location we specify; and (2) Immediately, stop using any Licensed Software, regardless of whether you are in default of your obligations under the License Agreement. In such event you shall, at our option, deliver to us certification executed by your duly- authorized officer certifying that you have ceased your use of the Licensed Software. In the event you are entitled to transfer the right to use the Licensed Software to any third party, you hereby agree to transfer any such right to use the licensed Software to -any third party selected by us and acknowledge that you shall have no right to fees payable by any third party in connection with such transfer. In addition, we will have the right, immediately and without notice or other action, to set-off against any of your liabilities m us any money, including depository account balances, owed by us to you, whether or not due. In,the event of any dispute orenforcement of rights under this Agreement or any related agreement, you agree to pay our reasonable attomey's fees Jbduding any incurred before or at trial, on appeal or In any other proeseding), actual court costs-and any other collection costs, including any collection agency fee. If..we have tp take possession of the Licensed Software, you agree to pay the costs of repossession, YOU AGREE THAT WE.WILL NOT BE RESPONSIBLE TO PAY YOU ANY CONSEQUENTfAL, INDIRECT M-INCIDENTAL DAMAGES FOR ANY DEFAULT, ACTOR OMISSION BY ANYONE. Any delay or failure to enforce our fights under this Agreement will not prevent us from enforcing any rights at a lathr time. You agree that your rights and remedies are governed exclusively by tidsAgreemernl If interest is charged or collected in excess of the maximum lawful rate, we will refund such excess to you, which will he your sde remedy. 7. FINANCED ITEMS: SOFTWARE, SERVICES,- ARRA01TY DISCLAIMERS: You have elected to finance the Financed Items, including but not limited to training, installation, maintenance, custom programming, technical consulting and support services. Ownership of any Licensed Software shall remain with the licensor thereof and your rights with respect to such Licensed Software shall be governed by the License Agreement between you and %e licensor, which shag not be affected by this Agreement. Arty Services shall be perfeimed by a service provider unrelated to us. IN NO EVENT SHALL WE HAVE ANY OBLIGATION TO PERFORM ANY SERVICES, AND ANY FAILURE OF SUCH SERVICE- PROVIDER TO PROVIDE ANY SERVICES FINANCED HEREUNDER SHALL NOT EXCUSE YOUR OBLIGATIONS TO US. WE SHALL NOT BE LIABLE TO YOU, NOR SHALL THERE BE ANY AiRATEMENT OR SETOFF IN YOUR PAYMENTS, FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE OR EXPENSE OF ANY KIND OR NATURE CAUSED BY ANY FINANCED ITEMS. You acknowledge and agree that your sole remedy In the event of 0) a breach of the License Agreement, (ii) a failure of the Financed Items to perform as warranted by licensor, or (iii) any other dispute or default under the License Agreement shall be against licensor or any Suppler, and you shall have no right to withhold or refuse to make the payments required under this Agreement, even if the License Agreement provides for the possibility of offset, refund'or suspension of payment, or the licenses granted under the License. Agreement and/or Services provided thereunder have been revoked or otherwise terminated for any reason whatsoever, YOU AGREE.THAT YOU HAVE SELECTED THE LICENSOR AND FINANCED ITEMS BASED UPON YOUR OWN JUDGMENT AND YOU DISCLAIM ANY RELIANCE UPON ANY STATEmms OR REPRESENTATIONS MADE BY US. WE DO NOT TAKE RESPONSIBILITY FOR THE INSTALLATION OR PERFORMANCE OF THE LICENSED SOFTWARE. THE LICENSOR IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF THE LICENSOR, AND NOTHING THE LICENSOR STATES CAN AFFECT YOUR OBLIGATION UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED AS TO THE FINANCED ITEMS COVERED BY THE LICENSE AGREEMENT AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR AS TO ANY PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, OR ANY OTHER ISSUE IN REGARD TO THE FI NANCED ITEMS. 8. INSPECTIONS AND REPORTS: We will have the right at any reasonable time, to inspect the Licensed Software and any documents relating to its use, maintenance and repair. Wilhin 30 days after our request, you will deliver all requested information (including tax returns) which we deem reasonably necessary to determine your current financial condition and faithful performance of the terns hereof. This may include: (i) compiled, reviewed or audited annual financial statements (induding,'wiihout limitation, a Balance sheet; a statement of income, a statement of cash flaw, a statement of changes in equity and notes to financial statements) within 120 days after your fiscal year end, and (u) management - prepared interim financial statements within 45 days after the requested reporting period(s). Annual statements shag set forth the corresponding figures for the prior fiscal year in comparative form, all in reasonable detail without any quaificalion or exception deemed material by us. Unless otherv9se accepted by us, each financial statement submitted to us shall be prepared in accordance with generally accepted accounting principles conslstengy applied and shall fairly and accurately present your financial condition and results of operations forthe period to which it pertains. 9. USA PATRIOT ACT NOTICE; FAILED OR SCANNED DOCUMENTS; MISC.. To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verity, and record information that identifies each customer who opens an account When you enter into a transaction with us, we ask for your business name, address and other infomtathn that will allow us to identify you. We may also ask to see other documents that substantiate your business identity. You agree to submit ths original duly- signed documents via ovemight courier the same day of the faosimle or scanned transmission of the documents. Any faxed or scanned copy may he considered the original, and you waive the right to challenge in court the authenticity or binding effect of any faxed or scanned copy or signature thereon, You agree to execute any further documents that we may request to carry out the intents and purposes of this Agreement. Al notices shag be mailad ordelvered by facsimile transmission or overnight courier to the respective parties at the addresses shown on this Agreement or such other address as a party may provide in wiling from time to time. By provid'amg any telephone number, now or in the future, for a cell phone or other wireless device, you are expressly consenting to receiving communications, regardless of their purpose, at that number, including, but net limited to, prerecorded or artificial voice message calls, text messages, and calls made by an automatic dialing system from us and our agents. These calls and messages may incur access fees from your provider. 10. LAW, JURY WAIVER: Agreements, promises and commitments made by us. concerning loans and other credit extensions_ must be inwritin% express consideration and be slorted by us to be enforceable. This Agreement may be modified only by written agreement and not by course of performance, This Agreententwill be governed by end construed in accordance with Minnesota law. You consent to Jurisdiction and venue of any state or federal court in Minnesota and wale the defense of inconvenient forum, For any action arising out of or retailing to this Agreement or the Financed Items, YOU AND WE WAiVE ALL RIGHTS TO A TRIAL BYJURY, Page 2 of 2 110572 REV 10112 OBLIGOR INITIALS; PAYMENT SCHEDULE "B" (DEFERRAL) AGREEMENT # 1689000 This Payment Schedule "B" is to be. attached to and become part of Agreement # 1689000 dated between the undersigned as Customer and SHI International Corp as Lessor /Secured Party.. If any terms hereof are inconsistent wkh the terms of the Agreement, the terms hereof shall prevail. Type of upfront payment and amount: Security Deposit $0.00 Advance Payment $0.00 Down Payment $0.00 The above payment(s) islare due 120 days after the Agreement start date. Payment Schedule as follOWS: *plus applicable taxes 1 monthly Payment(s)* of $84,303.98; and 7 monthly Payment(s)* of $0.00; and 1 monthly Payment(s)* of $84,303.98; and 11 monthly Payment(s)* of $0.00; and 1 monthly Payment(s)* of $84,303.98. The first monthly Payment is due 120 days after the Agreement start date. This Payment Schedule "B" is hereby verified as correct by the undersigned Customer, who agrees to the terms hereof CITY OF CORPUS CHRISTI Customer Signature x x Title Late NOTE. SIGNER OF THfS'OOCUMENT MUST BE SAME AS ON THE AGREEMENT. A FACSIMILE OF THIS DOCUMENT WrrH SIGNATURE SHALL BE CONSIDERED TO BEAN ORIGINAL. CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE.AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. 10576 REV 02112 TM Addendum to Agreement # 1889000, dated SHI International Corp, as Lessor. NON APPROPRIATION ADDENDUM AGREEMENT# 1689000 between City of Corpus Christi, as Customer and The parties wish to amend the above - referenced Agreement to add the following language: REPRESENTATIONS AND WARRANTIES OF CUSTOMER: Customer hereby represents and warrants to Lessor that, (a) Customer has been. duly authorized by the Constitution and laws of the applicable jurisdiction and by an approved motion of its governing body (which approved motion, if requested by Lessor, is attached hereto), to execute and deliver the Agreement and to carry out its obligations her®under. (b) AlF legal requirements have been met, and procedures have.been followed, including public bidding, in order to ensure the enforceability of the Agreement. "(p) The Equipment will be used by Customer only for essential governmental or proprietary functions of Customer consistent with the scope of Customer's authority and will not be used in a trade or business of any person or entity, by the federal government or for any personal, family or household use. Customer's need for the Equipment is not expected to diminish during the term of the Agreement. (d) Customer has funds available to pay contracted Payments until the end of its current appropriation period, and it intends to request funds to make contracted Payments in each appropriation period, from now until the end of the term .of the Agreement. (e) Customer's exact legal name is as set forth on page one of the Agreement. Customer will not change its legal name in .any. respect without giving thirty (30) days prior written notice to Lessor. NON - APPROPRIATION: If sufficient funds are not appropriated to make contracted Payments under the Agreement, the Agreement shall terminate and Customer shall not be obligated to make contracted Payments under the Agreement beyond the then- current fiscal year for which funds have been appropriated. Upon such an event, Customer shall, no later than the end of the fiscal year for which contracted Payments have been appropriated, deliver possession of the Equipment to Lessor. If Customer fails to deliver possession of the Equipment to Lessor, the termination shall nevertheless be effective but Customer shall be responsible for the payment of damages in an amount equal to the portion of contracted Payments thereafter coming due that is attributable to the number of days after the termination during which the Customer fails to deliver possession and for. any other loss suffered by Lessor as a result,of Customer's failure to deliver possession as required. Customer shall notify Lessor in writing within seven (7) -days after the failure of the Customer to appropriate funds sufficient for the payment of the contracted Payments, but failure to provide such notice shalt not operate to extend the Agreement term or result in any liability to Customer. The parties wish to amend the above - referenced Agreement by restating the following: Any provision in the Agreement stating that the Agreement shall automatically renew unless the Equipment is purchased, returned or a notice requirement is satisfied is hereby amended and restated as follows: "This Agreement will renew for month -to -month terms uniess.you purchase or return the Equipment (according to the conditions herein) or send us written notice at Ieast.30 days (before the end of any term) that you do not want it renewed." Any provision- in the .agreement stating that you' grant us a security interest in the Equipment to secure all amounts owed to us under any agreement is hereby amended and restated as follows: "You grant us a security interest in the Equipment to secure all amounts you owe us under this Agreement, and you authorize us to file a financing statement (UCC -1) to show our interest." Page 1 of 2 NOTE: SIGNER OF THIS DOCUMENT MUST BE SAME AS ON THE AGREEMENT. A FACSIMILE OF THIS DOCUMENT WITH siGNATURE SHALL 6E CONSIDERED TO BEAN ORIGINAL_ CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. 10162 REV 516112 Any provision in the Agreement stating that you shall indemnify and hold us harmless is hereby amended and restated as follows. "You shall not be required to indemnify or hold us harmless against liabilities arising from the Agreement. However, as between you and us, and to the extent permitted by law, you shall bear the risk of loss for, shall pay directly, and shall defend against any and all claims, liabilities, proceedings, actions, expenses, damages or losses arising under or related to the Equipment, including, but not limited to, the possession, ownership, lease, use or operation thereof, except that you shall not bear the risk of loss of, nor pay for, any claims, liabilities, proceedings, actions, expenses, damages or losses that arise directly from events occurring after you have surrendered possession of'the Equipment in accordance with the terms of the Agreement to us or that arise directly from our gross negligence or willful misconduct." Any provision in the Agreement stating that a default by you under any agreement with our affiliates or other lenders shall be an event of default under the Agreement is hereby amended and restated as follows: "You will be in default if: (a) you do not pay any Payment or other sum due to us under the Agreement when due or if you fail to perform in accordance with the covenants, terms and conditions of this Agreement, (b) you make or have made any false statement or. misrepresentation to us, (c) you or any guarantor dies, dissolves or terminates existence, (d) the' re'has been a material adverse change in your or any guarantor's financial, business or operating condition, or (e) any guarantor defaults under any guaranty for this Agreement." . Any provision in the Agreement stating that the Agreement is governed by A particular state's laws and you consent to such jurisdiction and venue -is hereby amended and restated as follows: 'This Agreement will be governed by and construed in accordance with the laws of the state where Customer is located. You consent to jurisdiction and venue of any state- or federal court in Nueces County, Texas." By signing this Addendum, Customer acknowledges the ,above changes to the Agreement and authorizes Lessor to make such changes. In all other respects, the terms and conditions of the Agreement remain in full force and effect and remain binding on Customer. SHI International Corp Less w Signature City of.Corpus Christi Customer X Signature Tilde Date Title Date Page 2 of 2 NOTE: SIGNER OF THIS DOCUMENT MUST BE SAME AS ON THE AGREEMENT. A FACSIMILE OF THIS DOCUMENT WITH SIGNATURE SHALL BE CONSIDERED TO BE AR ORIGINAL. CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. 10162 REV 08112 AW@vsd as to formR: = FDalL , S Lisa Agullar Assistant City Attorney For City Attorney Re: Agreement # 1689000, dated Lessor. CUSTOMER'S CERTIFICATE AGREEMENT # 1689000 City of Corpus Christi, as Customer and Shi International Corp, as The undersigned, being the duly elected, qualified and acting of the City of Corpus Christi ("Customer") do hereby certify, as of as follows: 1. Customer did, at a meeting oflhe governing body of the Customer held %- -, 410.by motion duty approved, in accordance with all requirements of law, approve and authorize the execution and delivery of the above - referenced Agreement (the "Agreement") by the following named representative of Customer, to wit: NAME OF EXECUTING OFFICIAL TITLEi41.UF OF EXECUTING OFFICIAL TIN^FfCG?i: And/ Or 2. The above -named representative of the Customer held at the time of such authorization and holds at the present time the office set forth above. 3. The meeting(s) of the governing body of the Customer at which the Agreement was approved and authorized to be executed was duly called, regularly convened and attended throughout by the requisite quorum of the members thereof, and the enactment approving ttre Agreement and authorizing the execution thereof has not been altered or rescinded. All meetings of the governing body of Customer relating to the authorization and delivery of Agreement have been: .(a).held within the geographic boundaries of the Customer; (b) open to the public, allowing all people to attend; (c) conducted, in accordance with internal procedures of the governing body: and (d) conducted in accordance with the charter of the Customer, If any, and the laws of the State. 4. No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default or a Non - appropriation (as such terms are defined in the Agreement) exists at the date hereof with respect to the Agreement. 5. The acquisition of all of the Property under the Agreement has been duly authorized by the governing body of Customer. 6. Customer has, in acoordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the Lease Payments scheduled to come due during the current budget year under the Agreement and to meet its other obligations for the current budget year and such funds have not been expended for other purposes. . 7. As of the date hereof, no litigation is pending, (or, to my knowledge, threatened) against Customer in any court (a) seeking to restrain or enjoy in the delivery of the Agreement or of other agreements similar to the Agreement; (b) questioning the authority of Customer to execute the Agreement, or the validity of the Agreement; (c) questioning the constitutionality of any statute, or the validity of any proceedings, authorizing. the execution of the Agreement; or (d) affecting the provisions made for the payment of or security for the Agreement. Cq of Corpus Christi By: Title: SIGNER MUST NOT BE THE SAME AS THE EXECUTING OFFICIALS SHOWN ABOVE. NOTE: A FACSIMILE OF THIS DOCUMENT WITH SIGNATURE SHALL BE CONSIDERED TO BE AN ORIGINAL. CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. A551 REV 12111 AppraM as to 1,nstffl:Q" 21-313 Lisa Aguilar ( j Assistgnt City Attorri" For City,-Attorney TERMS AND CONDITIONS ADDENDUM AGREEMENT # 1689000 Addendum to Agreement # 1689000, dated , between City of Corpus Christi, as Customer and SHI International Corp, as LessorlSecured Party. The parties wish to amend the above - referenced Agreement as set forth below: The following provision(s) shall be added to the terms and conditions of the Agreement: The following provision(s) shall be removed from the terms and conditions of the Agreement: The following.provision(s) shall be revised from the terms and conditions of the Agreement. Paragraph 6 DEFAULT AND REMEDIES: Revise "in the event of any dispute or enforcement of rights under this .:Agreement or any, related agreement, you agree to pay,our:reasonable attomey's• fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collections costs, inculding any collection agency fee." to read "In the event of any dispute or enforcement of rights under this Agreement or any related agreement, the non = prevailing party shall pay the prevailing party's reasonable attorney's fees (including any incurred before or at trial, on appeal or in any other proceeding), actual court costs and any other collections costs, inculding any collection agency fee." By signing this Addendum, Customer acknowledges the above changes to the Agreement and authorizes Lessor /Secured Party to :make such changes. In all other respects, the terms and conditions of the Agreement remain -in full force and effect and remain binding on Customer. SHI International Corp Lessor /Secure rty Y ignature City of Corpus Christi Customer Signature Title Date Title Date 1 NOTE: SIGNER OF THIS DOCUMENT MUST BE SAME AS ON THE AGREEMENT. A FACSIMILE OF THIS DOCUMENT WITH SIGNATURE SHALL BE CONSIDERED TO BE AN ORIGINAL, CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGPREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. A500 REV01 /12 *md88 tO W.. 3 L +sa A r a Assistar►t City Attorney For City Attorney DELIVERY & ACCEPTANCE CERTIFICATE (Poo AGREEMENT # .1689000 Customer certifies that the Equipment and/or Financed Items listed below have been furnished, that delivery and installation has been fully completed and is satisfactory. Further, all conditions and terms of this.Agreement have been reviewed and acknowledged. Upon Customer's signing below, Customer's promises in the Agreement will be irrevocable and unconditional in all respects. Customer understands and agrees that Lessor /Secured Party has paid for the purchase of the Equipment and/or Financed Items from the Supplier and Customer may contact the Supplier for Customer's warranty rights. If the. Agreement is a lease, Lessor transfers any warranty rights to Customer for the term of the Agreement (or until Customer defaults). If the Agreement is a loan, Customer may receive warranty rights from the Supplier upon the purchase at the start of the term. Customer's approval as indicated below of Lessor'slSecured Party`s payment for the purchase of the Equipment and /or Financed Items from the Supplier is a condition precedent to the effectiveness of the Agreement, Supplier: Equipment and /or Financed Items SHI 1- LANDESK TOTAL USER MANAGEMENT BUNDLE USER BASED 20004999 I -CLOUD SERVICES /MGMT GATEWAY APPLIANCE MINT together with all replacements, parts, repairs, additions, and accessions incorporated therein or attached thereto and any and all proceeds of the foregoing, including, without limitation, insurance recoveries. CITY OF CORPUS CHRISTI Customer x Signature x x Title Date NOTE: A FACSIMILE OF THIS DOCUMENT WITH SIGNATURE SHALL BE CONSIDERED TO BE AN ORIGINAL. CAPITALIZED TERMS IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. : 10000 REV 10112 CUSTOMER'S COUNSEL'S OPINION [To be provided on letterhead of Customer's counsel.] SHI International Corp(the "Lender") City of Corpus Christi (the "Customer ") 1201 Leopard St Corpus Christi, TX 78401 RE: Agreement # 1689000 between City of Corpus Christi and SHI International Corp. Ladies and Gentlemen: We have acted as special counsel to City of Corpus Christi ( "Customer"), in connection with the Agreement # 1689000, dated as of , between City of Corpus Christi, as Customer, and SHI international Corp Lender, and any amendment or addendum thereto, if any (together, the "Agreement"). We have examined the law and such certified proceedings and other papers as we deem necessary to render this opinion. Based upon the foregoing, we. are of the opinion that, under existing law. 1. Customer is a.public body corporate and politic, duly organized and existing under the laws of the State, and has a substantial amount of one or more of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and (c) the police power. 2. Customer has all requisite power and authority to enter into the Agreement and to perform its obligations there under. 3. All proceedings of Customer and its governing body relating to the authorization and approval of the Agreement, the execution thereof and the transactions contemplated thereby have been conducted in accordance with all applicable open meeting laws and all other applicable state and federal laws. 4. The Agreement has been duly executed and delivered by Customer and constitute legal, valid and binding obligations of Customer, enforceable against Customer in accordance with the terms thereof, except insofar as the enforcement thereof may be limited by any applicable bankruptcy, insolvency,. moratorium, reorganization. or other laws of equitable principles of general application, or of application to municipalities or political subdivisions such as the Customer, affecting remedies or creditors` rights generally, and to the exercise of judicial discretion in appropriate cases. 5. As of the date hereof, based on such inquiry and investigation as we have deemed sufficient, no litigation is pending, (or, to our knowledge, threatened) against Customer in any court (a) seeldng to restrain or enjoin the delivery of the Agreement; (b) questioning the authority of Customer to execute the Agreement, or the validity of the Agreement (c) questioning the constitutionality of any statute, or the validity of any proceedings, authorizing the execution of the Agreement; or (d) affecting the provisions made for the payment of or security for the Agreement. This opinion may be relied upon by Lender, its successors and assigns, and any other legal counsel who provides an opinion with respect to the Agreement. Very truly yours, By: A550 REV 12J11 DATE: February 28, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 Action Item for the City Council Meeting of March 26, 2013 TO: Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag @cctexas.com 361.826.3850 Resolution supporting the application of Texas A &M University - Corpus Christi to pursue Federal Aviation Administration (FAA) designation for Texas as an unmanned aircraft system (UAS) test range. CAPTION: Resolution supporting the application of Texas A &M University- Corpus Christi to pursue Federal Aviation Administration (FAA) designation for Texas as an unmanned aircraft system (UAS) test range. PIJRPOSE: . The purpose of the resolution is to demonstrate to the FAA that Corpus Christi fully supports the selection of Texas' application, specifically, the application of Texas A &M University - Corpus Christi on behalf of the State of Texas. BACKGROUND AND FINDINGS: On February 14, 2013, the Federal Aviation Administration (FAA) solicited proposals from state and local governments, eligible universities and other public entities to develop six unmanned aircraft systems (UAS) research and test sites around the country. Through the FAA Modernization and Reform Act of 2012, Congress directed the FAA to establish this program to conduct critical research into how best to safely integrate UAS systems into the national airspace over the next several years and what certification and navigation requirements will need to be established. Texas A &M University- Corpus Christi is working with Governor Rick Perry and other institutions of higher education in Texas to submit an application to be selected as one of the six test sites. Applicants have 80 days to submit their research and test -site proposal to the FAA. The FAA anticipates selection of the six test sites will occur later this year. The expanded use of UAS represents a major next step in aviation innovation and will present economic opportunities both for the communities that are selected for this pilot program and for the aerospace industry in general. Texas A &M University – Corpus Christi has been developing research on the UAS industry at the Conrad Blucher Institute; the country's largest endowed geospatial information systems research institute, and using the University's certificate of authorization (COA) which provides permission to use airspace. The test site would research and advise on issues concerning the use of UAS in the national airspace. These issues include security of GPS systems, laws and policies regulating the potential for high UAS traffic, and how the military and civilian will share airspace. The creation of the test site brings the potential for new businesses in this field to come to the Coastal Bend region. According to a recent National Public Radio News report, the FAA estimates there could be as many as 10,000 drones flying over the U.S. by the end of the decade — doing everything from cargo delivery to law enforcement to news gathering. Part of this process involves helping the FAA address a- number of unanswered questions - how UASs communicate with air traffic control, airplanes and other UASs? When and where UASs can fly? How will personal privacy be protected? In the Feb. 14 RFP, the FAA requested public input into FAA efforts to ensure that privacy questions surrounding the pilot program are properly addressed. The FAA's proposed privacy approach emphasizes transparency, public engagement and compliance with existing law. Under the FAA privacy proposal each test site operator must ensure that its privacy policies are informed by Fair Information Practice Principles, a widely accepted framework •ofprivacy principles at the core of numerous federal and state privacy laws. The privacy proposal is available today on the FAA's website – federal Register Request for Comment (Copy On) y) (PDF ). The FAA technical evaluation of submitted proposals will include consideration of geographic diversity, climatic diversity, location of ground infrastructure and research needs, population density and air traffic density, as well as specific goals and objectives to be accomplished. ALTERNATIVES: The City Council has three options: (1) Approve the resolution of support; (2) Oppose the resolution of support, or (3) Take no action_ OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: NIA EMERGENCY INON- EMERGENCY: This is a non- emergency item. DEPARTMENTAL CLEARANCES: City Attorney, Economic Development, Assistant City Manager for Business Support Services FINANCIAL IMPACT: ❑ Operating o Revenue ❑ Capital ® 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(s) Comments: None RECOMMENDATION: Staff recommends approval of the resolution LIST OF SUPPORTING DOCUMENTS: Council Resolution FAA press release Press Release — FAA Announces Request for Proposals For Unmanned Aircraft 5... Page l of 2 - v Press Release — FAA Announces Request for Proposals For Unmanned Aircraft Systems Research and Test Sites For Immediate Release February 14, 2013 Contact: Laura J. Brown Phone: 202 - 267 -3455 WASHINGTON —.The: Federal Aviation Administration (FAA) today solicited proposals from state and local governments, eligible universities and other public entities to develop six unmanned aircraft systems (UAS) research and test sites around the country. Through the FAA Modernization and Reform Act of 2012, Congress directed the FAA to establish this program to conduct critical research into how best to safely integrate UAS systems into the national airspace over. the next several years and what certification and navigation requirements will need to be established. The expanded use of UAS represents a major next step in aviation innovation and will present economic opportunities both for the. communities that are selected for this pilot program and for the aerospace industry in general. The introduction of these systems into the airspace will also require ensuring that privacy is appropriately protected. Today, the FAA is requesting public input into FAA efforts to ensure that privacy questions surrounding the pilot program are properly addressed. The FAA's proposed privacy approach emphasizes transparency, public engagement and compliance with existing law. "Our focus is on maintaining and improving the safety and efficiency of the world's largest aviation system," said Transportation Secretary Ray LaHood. "This research will give us valuable information about how best to ensure the safe introduction of this advanced technology into our nation's skies." "We expect to learn how unmanned aircraft systems operate in different environments and how they will impact air traffic operations. The test sites will also inform the agency as we develop standards for certifying unmanned aircraft and determine necessary air traffic requirements," said FAA Administrator Michael Huerta_ The FAA technical evaluation of submitted proposals will include consideration of geographic diversity, climatic diversity, location of ground infrastructure and research needs, population density and air traffic density, as well as specific goals and objectives to be accomplished. The combined attributes across the test sites should provide the appropriate environment and opportunities to test UAS, although, each test site will not have to provide all attributes. Along with the test site selection process, the FAA is sending a notice to the Federal Register asking the public to review the draft privacy language and provide comments. The FAA will consider all comments submitted as it develops the final privacy requirements. These requirements will be included in the agreements between the test sites and the FAA. The privacy proposal is available today on the FAA's website — Federal Register Request for Comment (Copy Only) (P ©F) (http:Nwww.fae.gov/ about /initiativesluaslmedial UASTS_RFC_FR _ notice_2- 14- 2013,pdo . hM: / /www.faa.aov /news /press releases /news storv.cfm?newsTd =14 1'; ?/ ?R/ ?n1I Press Release — FAA Announces Request for Proposals For Unmanned Aircraft S... Page 2 of 2 Under the FAA privacy proposal each test site operator must ensure that its privacy policies are informed by Fair Information Practice Principles, a widely accepted framework of privacy principles at the core of numerous federal and state privacy laws. Each site operator and its team members will be required to operate in accordance with federal, state and other laws regarding the protection of an individual's right to privacy. If the U.S. Department of Justice or a state's law enforcement authority files criminal or civil charges over a potential violation of such laws, the FAA may take appropriate action, including suspending or modifying the agreement authorizing test site operations until the privacy proceedings are completed. If the proceedings demonstrate the operation was in violation of the law, the FAA may terminate the operating agreement. Prior to the close of the Federal Register comment period, the FAA will host an online listening session to solicit additional comments on the proposed privacy approach. The agency will publish a notice providing details for the listening session sufficiently in advance with full details. The request for comments on the proposed UAS test site privacy approach, including instructions for filing comments, will be published in the Federal Register and the public will have 60 days to comment. The FAA will post all comments it receives, without change, to: http: / /www.regulations.gov, including any personal information the commenter provides. The FAA anticipates selection of the six test sites will occur later this year. For additional information please see http: / /www.faa.gov /about/ initiatives /uas/ ( http:/ lwww. faa,gov /aboutiinitiatives /uas/) . Applicants will have 80 days to submit their research and test site proposal to the FAA through the Screening Information Request (SIR) process. The SIR is available on the FAA Contracting Opportunities website (http: / /faaco.faa.gov). In developing the SIR and to ensure transparency, the agency has previously asked for input on the test site program. In March 2012, the FAA issued a request for comments and held two webinars in April 2012 about the test site program. U- 191J This page can be viewed online at: http : / /www.faa.gov /news/ press_ releases /news _ story.cfm ?newsld = 14313 http: / /www.faa.2ov /news /`Dress releases /news storv_cftn ?newsTrli =1411 ?/ ?R/1) f1111 RESOLUTION Supporting the application of Texas A &M University- Corpus Christi to pursue Federal Aviation Administration (FAA) designation for Texas as an unmanned aircraft system (UAS) test range. WHEREAS the State of Texas and the City of Corpus Christi promotes economic development for the benefit and well -being of its citizens; and WHEREAS the state's aviation industry is poised for rapid growth in the area of unmanned aircraft systems (UAS); and WHEREAS the Federal.Aviation.Administration (FAA) announced its intention to develop policies, rules and regulations for integrating UAS into the national airspace; and WHEREAS the FAA, in furtherance of its goal, has announced it will designate six states as UAS test ranges for the purpose. of developing technologies, policies and procedures that will safely integrate UAS into the national airspace; and WHEREAS Texas' research capacities are wholly sufficient to provide technical development to meet FAA requirements; and WHEREAS Corpus Christi's natural resources -- its airspace, its coastline and its uncluttered -landscape -- lend themselves to meeting FAA requirements; and WHEREAS Texas' industrial resources are poised to utilize UAS technologies and capacities, which will promote significant economic growth across the state; THEREFORE, be it resolved, that the City of Corpus Christi express strong support for any and all efforts by state offices, agencies and institutions, especially the Office of the Governor, the Texas A &M University System, the Texas Engineering Experiment Station and Texas A &M University - Corpus Christi, to pursue FAA designation for Texas as a UAS test range; and, THEREFORE, be it further resolved, that the City of Corpus Christi commend these offices, agencies and institutions for their diligent effort and tireless support in securing such a designation by the FAA to promote economic growth for the State of Texas and Corpus Christi and the well -being of its citizens. This resolution takes effect upon City Council approval on this the day of 2013. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary FAA Resolution 2 -28 -2013 Nelda Martinez Mayor Page 1 of 2 Corpus Christi, Texas. of 2013 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 Page 2 of 2 FAA Resolution 2 -28 -2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 Action Item for the City Council Meeting of March 26, 2013 DATE: February 28, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo @cctexas.com 361- 826 -3494 Grant application for Summer Food Program CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $250,000 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. PURPOSE: In order to provide certain services associated with the City's Summer Recreation Programs, the City Council must approve a resolution to apply for the Summer Food Service Program Grant from the Texas Department of Agriculture in the amount of $250,000. Last year 27 locations participated in the Summer Food Service Program and this year it is anticipated that the same amount will return for this program. BACKGROUND AND FINDINGS: The City Council has approved the Summer Food Program grant in prior years. Texas Department of Agriculture Special Nutrition Division provides grant funds for the Summer Food Program. There is no grant cash match required. ALTERNATIVES: Do not approve grant application OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Action is required to apply for the Summer Food Service Program grant, appropriate grant funds and authorize the City Manager or designee to execute all related contracts and documents for the 2013 Parks and Recreation Department Summer Recreation Programs. EMERGENCY INON- EMERGENCY: Non - Emergency DEPARTMENTALCLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2D13 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALANCE ru11uk5J: Comments: RECOMMENDATION: Staff recommends approval LIST OF SUPPORTING DOCUMENTS: Resolution Page 1 of 2 Resolution authorizing the City Manager, or designee, to submit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $250,000 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. Be it resolved by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager, or designee, is authorized to submit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $250,000 to operate a summer food service program for summer recreation program participants ages one to eighteen years. Section 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. . Attest: Armando Chapa, City Secretary Approved: Lisa Aguilar Assistant City Attorney For City Attorney , 2013 RES- authSubm itGrant- SummerFoodProg ram - 2013[1 ] City of Corpus Christi Nelda Martinez, Mayor Page 2 of 2 Corpus Christi, Texas of , 2013 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 RES -auth 5u bmitGrant -Su mmerFood Program - 2013[1 ] DATE: February 13, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of March 19, 2013 Action Item for the City Council Meeting of March 26, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo @cctexas.com 361- 826 -3494 Revisions to the Community Youth Development Steering Committee membership CAPTION: Resolution revising membership of the Community Youth Development Steering Committee. PURPOSE: The requirement of having two youth sit on the CYD Steering Committee was removed in the 2011 state contract for Community Youth Development Program, The proposed resolution eliminates the requirement of the two youth voting positions and revises the total number of members from eleven to nine members. BACKGROUND AND FINDINGS: The Texas Department of Family and Protective Services (DFPS) funds the Community Youth Development (CYD) Program in fifteen zip codes throughout the State. The City of Corpus Christi — Parks and Recreation Department continues to be the fiscal agent for the grant_ Part of the contract requirements is to establish a CYD Collaborative Committee (Committee) which was recreated in May, 1997. The current membership is 11 members with two of those members being youth that participate in the Youth Advisory Committee. In the last Request for Proposals the State removed-the requirement to have youth sit on the Committee. It has been difficult to have youth sit on the Committee as their schedules do not accommodate attendance at evening meetings. The Committee will continue to use the Youth Advisory Committee as a resource for decision making. ALTERNATIVES,: Do not approve the resolution and continue with an 11 member Committee. Not applicable CONFQ_RMITY TO CITY POLICY: City Council must approve all changes to Boards and Commissions membership. EMERGENCY INQN- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal City Secretary's Office 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 1 Expended Amount This item BALANCE f- una(sy Comments: NIA RECOMMENDATION: Staff recommends the approval of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Page 1 of 2 Resolution revising membership of the Community Youth Development Steering Committee. Whereas, the Community Youth Development Program is designed to develop and implement programs to reduce juvenile crime in an effort to empower youth to become productive citizens; Whereas, by Resolution 022938, on May 27, 1997, the City Council established the Community Youth Development Steering Committee as an ad hoc advisory committee of the City and appointed 16 voting members and 4 non- voting advisory members, to serve one -year terms; Whereas, by Resolution 023058, on September 16, 1997, the City Council amended Resolution 022938 to require the officers of the Community Youth Development Advisory committee to be residents of the 78415 zip code area; Whereas, by Resolution 023763, on September 14, 1999, the City Council amended Resolution 022938 to decrease the number of Community Youth Development Steering Committee voting members from '16 to 9, and eliminating the 4 non - voting advisory members; and revised terms to two -year staggered terms; Whereas, by Resolution 025049, on October 22, 2002, the City Council amended Resolution 022938 to-change membership to eleven members, with two voting positions filled by youth involved in the Youth Action Committee Now, therefore, be it resolved by the City Council of Corpus Christi, Texas; SECTION 1. That the membership of the Community Youth Development Steering Committee is revised to eliminate the requirement of two voting positions filled by youth involved in the Youth Action Committee, and revising the total number of members from eleven to nine members. SECTION 2: This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor Page 2 of 2 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