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HomeMy WebLinkAboutAgenda Packet City Council - 05/21/2013Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, May 21, 2013 11:30 AM 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. A. Mayor Nelda Martinez to call the meeting to order. B. City Secretary Armando Chapa to call the roll of the required Charter Officers. L1MNI L1 k&WNI L1 I03 NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 1. 13- 000389 Supply agreement for polymer used to remove water from sludge at wastewater treatment plants Motion approving a supply agreement with Polydyne Inc., Riceboro, Georgia for sludge dewatering polymer to be used at the wastewater treatment plants in accordance with Bid Invitation No. BI- 0133 -13, based on only bid for an estimated twelve month expenditure of $162,958.00 of which $40,739.50 is required for FY 2012 -2013. The term of the contract will be for twelve months with option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Wastewater Operating Budget in FY 2012 -2013. Attachments: Agenda Memo - Suppled Agreement for Sludge Dewatering Polymer.pdf • • •• , - • •• t- "♦ �• 2. 13- 000390 Supply agreement for chemical solution for disinfection of treated effluent and potable drinking water Motion approving a supply agreement with Brenntag Southwest, Inc., Dallas, Texas for approximately 956,200 pounds of sodium hypochlorite solution in accordance with Bid Invitation No. BI- 0137 -13 based on lowest responsible bid for an estimated twelve month expenditure of Corpus Christi Page 1 Printed on 511712013 City Council Meeting Agenda - Final May 21, 2013 $551,211.90 of which $137,334.23 is required for FY 2012- 2013.The term of the supply 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 designee. Funds are available in the Water and Wastewater Operations Budgets in FY2012 -2013. + _ 11TAI � - .. + 3. IiRSOTITITCUrA Engineering design contract for lifecycle curb and gutter replacement Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Engineering and Construction Management Services LLC, from Corpus Christi, in the amount of $73,150.00, for Lifecycle Curb and Gutter Replacement. Attachments: Agenda Memo - Lifecycle Curb and Gutter Replacement.pdf •RT,1 yM' s 1 , • • •.. CI Engineering design contract amendment no. 1 for Schanen Ditch Improvements Phase 2 Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with Freese and Nichols, Inc. from Corpus Christi, Texas in the amount of $38,540.00, for a re- stated fee not to exceed $72,978.00 for Schanen Ditch Improvements Phase 2, for design, bid, and construction phase services. Attachments: Agenda Memo - Schanen Ditch. pdf • • 11! 5. iIIK Elitism E10 Engineering design contract for Americans with Disabilities Act (ADA) Master Plan Improvements City Wide (BOND 2012) Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with CH2M Hill, Inc., from Corpus Christi, in the amount of $263,200.00, for ADA Master Plan Improvements City -Wide Bond Issue 2012 for design, bid, and construction phase services. (Proposition No. 1 Street Projects) Corpus Christi Page 2 Printed on 511712013 City Council Meeting Agenda - Final May 21, 2013 Attachments: Agenda Memo - ADA Master Plan Improvements City Wide.pdf s • 1.w + s* rat ■ , , ♦ ,♦ Contract - ADA Master Pl Aerial ♦ p 6. 13- 000400 Purchase of software, hardware and services to create a virtual desktop program for City computer services Motion authorizing the City Manager, or designee, to execute documents necessary to purchase software, hardware, and services for a virtual desktop infrastructure program from the following suppliers: Computer Solutions for $52,709.70, Dell, Inc., for $31,875.00, and Intelek Technologies for $2,317.00 for a total expenditure of $86,901.70. Attachments: Agenda Memo - virtual desktop 7. 13- 000377 Second Reading Ordinance - Accepting and appropriating a Regional grant to support Emergency Medical Services (EMS) operations (1st Reading 5114113) Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,847.28 to be used for the purchase of supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department; and appropriating $2,847.28 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department Attachments: Agenda Memo - EMS 8. 13- 000378 Second Reading Ordinance - Accepting and appropriating a Regional grant to support the Web Based Emergency Operations Center (WebEOC) (1st Reading 5114113) Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $40,000 for the benefit of the City's WebEOC operations; and appropriating $40,000 from the Coastal Bend Regional Advisory Council into the 1062 Fire Grant Fund to purchase equipment, services, technical support, training and travel for the Corpus Christi Fire Department's WebEOC. Corpus Christi Page 3 Printed on 511712013 City Council Meeting Agenda - Final May 21, 2013 Attachments: Agenda Memo - WebEoc [•7T• • .tl'TTii'�T ►1f�7�lZlT1'rFi".. �►.T��[C3 9. 1- 000421 Second Reading Ordinance - Amending City code to allow dogs in outdoor dining areas of food establishments (1st Reading 5114113) Ordinance amending Chapter 19, Code of Ordinances, City of Corpus Christi, regarding a variance of Section 19 -15 which allows for dogs in outdoor dining areas of food establishments and the accompanying application and variance certificate fee; providing for penalties; providing for severance; and providing for publication. Attachments: Agenda Memo - for Ordinance allwoing dogs in outdoor dining areas 10. 13- 000402 Second Reading Ordinance - Lease renewal with Padre Little League for baseball field at Bill Witt Park (1st Reading 5114113) Ordinance authorizing the City Manager or designee to execute a five -year Lease Agreement with Padre Little League for the use of Bill Witt Park for its baseball program. Attachments: Agenda Memo - Padre Little League lease 11. 13- 000405 Second Reading Ordinance - Lease renewal with Padre Youth Soccer for soccer field at Bill Witt Park (1st Reading 5114113) Ordinance authorizing the City Manager or designee to execute a five -year Lease Agreement with Padre Soccer League for the use of Bill Witt Park for its soccer program. Attachments: Agenda Memo - Padre Youth Soccer League lease 12. 13- 000353 Second Reading Ordinance - Approval of a use privilege agreement with the Corpus Christi Independent School District to install, operate, maintain, and remove a wastewater line located at 2602 Lipan Street (1st Reading 5114113) Ordinance authorizing the City Manager to execute a use privilege agreement with the Corpus Christi Independent School District ( "Permittee ") to install, operate, maintain, and remove a private two -inch wastewater force main within the Lipan Street public right -of -way, subject to Permittee's compliance with specified conditions. Corpus Christi Page 4 Printed on 511712013 City Council Meeting Agenda - Final May 21, 2013 No I • I a -� 13. 13- 000368 Second Reading Ordinance - Amendment to Type A agreement for Del Mar College Internship Program (Original Agreement Passed 08/21/12) (1st Reading 5/14/13) Ordinance appropriating $72,804.35 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a small business incentives grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Del Mar College ( "Del Mar ") for an intern program to support small businesses; Changing the FY 2012 -2013 operating budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $72,804.35. Attachments: Agenda Memo - Del Mar Intern s + + • M=#Z1= # 1 14. 13- 000369 Second Reading Ordinance - Amendment to Type A agreement for Texas A &M University - Corpus Christi Internship Program (Original Agreement Passed 08/21/12) (1st Reading 5/14/13) Ordinance appropriating $35,060 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a small business incentives grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Texas A &M University - Corpus Christi ( "TAMU -CC ") for an intern program to support small businesses; Changing the FY 2012 -2013 operating budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $35,060. Attachments: Agenda Memo - TAMU -CC Intern [i7T+' .. 11"' t' 1iT '1�t�!1►1�1�1�17�T!�"�'iT[Ts"1 .., . I a , x 15. 13- 000408 Second Reading Ordinance - Lease agreement for boat show event (1st Reading 5/14/13) Ordinance authorizing the City Manager or designee to execute agreement with Costa Productions, L.L.C. for use of portions of Lawrence Street T -head from July 8, 2013 through July 15, 2013 for a boat show event. Attachments: Agenda Memo - Boat Show 2013 [�7T.11"F .i"i icy: grmlfl'i+'i�i►i►�I1l[c11.T. i Corpus Christi Page 5 Printed on 511712013 City Council Meeting Agenda - Final May 21, 2013 17. 13-000420 City Golf Courses Attachments: Agenda Memo - PRESENTATION Golf Courses Presentation - Golf 5-21-13 18. 13-000456 FEMA Map Update and Downtown Flood Protection System Improvement Strategy Attachments: Agenda Memo - Seawall Strategy.pdf Presentation - Downtown Flood Protection Syste mImprovement Strategy Discu 19. 13-000429 Mary Rhodes Pipeline, Phase 2 Attachments: Agenda Memo - Mary Rhodes Pieline, Phase 2.pdf Presentation - Mary Pipe Rhodes Phase 20. 13-000450 Wastewater Trust Fund Attachments: Agenda Memo - Waste Water Trust Funds Presentation - Wastewater Trust Fund 22. 13-000471 Alternate Construction Delivery Methods Attachments: Agenda Memo - Alternative Delivery Methods Presentation - Alternative delivery methods Future Resolution - delegating GC CH 2267 authority, adopting rules to implem E. LEGISLATIVE UPDATE: 23. 13-000477 Status Report on Legislative Issues F. ADJOURNMENT Corpus Christi Page 6 Printed on 511712013 City Council Meeting Agenda - Final May 21, 2013 Corpus Christi Page 7 Printed on 511712013 E i7ibl 1 DATE: May 14, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 14, 2013 Action Item for the City Council Meeting of May 28, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mie cctexas.com 361- 826 -3169 Foster Crowell, Director of Wastewater Operations fosterc cctexas.com 361- 826 -1801 Supply Agreement for Sludge Dewatering Polymer CAPTION Motion approving a supply agreement with Polydyne Inc., Riceboro, Georgia for sludge dewatering polymer to be used at the wastewater treatment plants in accordance with Bid Invitation No. BI -0133- 13, based on only bid for an estimated twelve month expenditure of $162,958.00 of which $40,739.50 is required for FY 2012 -2013. The term of the contract will be for twelve months with option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Wastewater Operating Budget in FY 2012 -2013. PURPOSE: This chemical will be used by the Wastewater Department to remove water from sludge. BACKGROUND AND FINDINGS Not applicable. ALTERNATIVES Not applicable. OTHER CONSIDERATIONS Technical specifications require samples to be treated at each of the Wastewater Treatment Plants prior to bidding on this contract. This process assures the polymer will work as required. This requirement along with the specialized nature of the polymer limits the number of bidders that can participate in the bidding process. CONFORMITY TO CITY POLICY This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY/ NON - EMERGENCY Non - Emergency. DEPARTMENTALCLEARANCES Wastewater 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 $1,643,974.06 $122,218.50 $1,766,192.56 Encumbered / Expended Amount $1,129,010.95 $1,129,010.95 This item $40,739.50 $122,218.50 $162,958.00 BALANCE $474,223.61 $474,223.61 Fund(s): Wastewater Funds Comments: The $40,739.50 financial impact shown above represents three months of expenditures that will be encumbered through the end of this fiscal year. The remaining $122,218.50 will be requested during the normal FY 2013 -2014 budget approval process. RECOMMENDATION Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS Bid Tabulation. CITY OF CORPUS CHRISTI PURCHASING DIVISION Buyer: Gabriel Maldonado Council Date: May 14, 2013 BID TABULATION Sludge Dewatering Polymer Bid Invitation No.: BI- 0133 -13 Total $162,958.00 POLYDYNE INC. RICEBORO, GA Unit Extended ITEM DESCRIPTION QTY. UNIT Price Price 1.0 Sludge Dewatering Polymer 1.1 Deliver to Allison Treatment Plant 16,000 Pounds $1.18 $18,880.00 4104 Allison Dr. 1.2 Deliver to Broadway Treatment Plant 18,700 Pounds 1.18 22,066.00 1402 W. Broadway 1.3 Deliver to Greenwood Treatment Plant 39,000 Pounds 1.18 46,020.00 6541 Greenwood Dr. 1.4 Deliver to Laguna Madre Treatment Plant 6,900 Pounds 1.18 8,142.00 201 Jester 1.5 Deliver to Oso Treatment Plant 55,200 Pounds 1.18 65,136.00 601 Nile Dr. 1.6 Deliver to Whitecap Treatment Plant 2,300 Pounds 1.18 2,714.00 13409 Whitecap Blvd. Total $162,958.00 E i7ibl 1 DATE: May 14, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of May 14, 2013 Action Item for the City Council Meeting of May 28, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services ieb cctexas.co 361- 826 -3169 Gustavo Gonzalez, Director of Water Operations ustavoo cctexas.co 361- 826 -1874 Foster Crowell, Director of Wastewater Operations osterc cctexas.co 361- 826 -1801 Supply Agreement for Sodium Hypochlorite Solution CAPTION Motion approving a supply agreement with Brenntag Southwest, Inc., Dallas, Texas for approximately 956,200 pounds of sodium hypochlorite solution in accordance with Bid Invitation No. BI- 0137 -13 based on lowest responsible bid for an estimated twelve month expenditure of $551,211.90 of which $137,334.23 is required for FY 2012 -2013. The term of the supply 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 designee. Funds are available in the Water and Wastewater Operations Budgets in FY2012 -2013. PURPOSE: The Wastewater Department uses this chemical for disinfection of treated effluent at four Wastewater Treatment Plants. The Water Department will use this chemical at the Sand Dollar Pump Station to boost the disinfection properties of the potable drinking water. BACKGROUND AND FINDINGS Not applicable. ALTERNATIVES Not applicable. OTHER CONSIDERATIONS Not applicable. CONFORMITY TO CITY POLICY This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY /NON- EMERGENCY Non - Emergency. DEPARTMENTALCLEARANCES Water Department Wastewater 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 $5,690,425.28 $413,877.67 $6,104,302.95 Encumbered / Expended Amount $3,601,604.62 $3,601,604.62 This item $137,334.23 $413,877.67 $551,211.90 BALANCE $1,951,486.43 $1,951,486.43 Fund(s): Water and Wastewater Funds Comments: The $137,334.23 financial impact shown above represents three months of expenditures that will be encumbered through the end of this fiscal year. The remaining $413,877.67 will be requested during the normal FY 2013 -2014 budget approval process. RECOMMENDATION Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS Bid Tabulation. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO COUNCIL DATE: MAY 14, 2013 BID TABULATION BI- 0137 -13 SODIUM HYPOCHLORITE SOLUTION (1 ) Brenntag Southwest, Inc. l Corpus DPC Industries, Inc Dallas, Texas Christi, Texas 1.0 Sodium Hypochlorite Solution Wastewater Department 1.1 Delivered to Broadway Treatment Plant 1402 W. Broadway 1.2 Delivered to Oso Treatment Plant 601 Nile 1.3 Delivered to Allison Treatment Plant 4101 Allison Dr. 1.4 Delivered to Laguna Madre Treatment Plant 201 Jester Water Department 213,900 483,150 118,000 81,150 Ibs Ibs Ibs Ibs $0.5745 $122,885.55 0.5745 277, 569.68 0.5745 67, 791.00 0.5745 46,620.68 $0.5806 $124,190.34 0.5806 $280,516.89 0.5806 $68,510.80 0.5806 $47,115.69 1.5 Delivered to Sand Dollar Pump Station 60,000 Ibs 0.5745 34,470.00 0.5806 $34,836.00 14201 Sand Dollar Ave 1.6 Unloading delays 25 hrs 75.00 1,875.00 75.00 $1,875.00 $551,211.90 (1). DPC Industries, Inc., Corpus Christi, Texas, bid firm pricing for a six month period. Pricing is shown for comparative purposes only. S C �a ©°� AGENDA MEMORANDUM ,CORPORA Future Item for the City Council Meeting of May 14, 2013 1852 Action Item for the City Council Meeting of May 28, 2013 DATE: April 5, 2013 TO: Ronald L. Olson, City Manager FROM: Valerie Gray, P. E., Director of Streets and Storm Water Services ValerieG @cctexas.com (361) 826 -3729 Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Engineering Design Contract Lifecycle Curb and Gutter Replacement CAPTION Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Engineering and Construction Management Services from Corpus Christi, Texas in the amount of $73,150.00, for Lifecycle Curb and Gutter Replacement. PURPOSE: The purpose of this Agenda Item is to authorize services required to develop bidding and construction documents for the Lifecycle Curb and Gutter Replacement Indefinite Delivery /Indefinite Quantity (IDIQ) Program. BACKGROUND AND FINDINGS This contract includes the preparation and development of the necessary Indefinite Delivery/Indefinite Quantity (IDIQ) construction documents for the Lifecycle Curb and Gutter Replacement to include preparing bidding documents and delivery orders to support year one of the IDIQ program. This is an ongoing project where damaged, rolled and failed curb and gutter is removed and replaced along with associated pavement repair throughout the City. In addition to improving drainage, areas considered hazardous to vehicular or pedestrian traffic will receive priority. This project will address problematic areas on a yearly basis as funding allows. Curb replacements shall be designed to exceed a 20 -year service life. The construction documents shall be prepared as a one -year base contract along with three (3) additional annual renewal options. ALTERNATIVES 1. Execute a Contract for Professional Services with Engineering and Construction Management Services as proposed. 2. Do not execute Contract for Professional Services with Engineering and Construction Management Services as proposed. OTHER CONSIDERATIONS Construction observation is included in this contract. Construction documents will be developed for project bidding in July 2013 with construction to follow in September 2013. CONFORMITY TO CITY POLICY Engineering and Construction Management Services LLC 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 EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES Storm Water Department FINANCIAL IMPACT ❑ Ooeratina ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS Line Item Budget $0.00 $600,000.00 $0.00 $600,000.00 Encumbered /Expended $0.00 $0.00 $0.00 Amount This item $73,150.00 $0.00 $73,150.00 Future Anticipated $525,000.00 $0.00 $525,000.00 Expenditures This Project BALANCE $0.00 $1,850.00 $0.00 $1,850.00 Fund(s): SW 02 Comments: RECOMMENDATION City Staff recommends the approval of Contract for Professional Services with Engineering & Construction Management Services LLC. LIST OF SUPPORTING DOCUMENTS Project Budget Location Map PowerPoint Contract PROJECT BUDGET ESTIMATE Lifecycle Curb and Gutter Replacement E12143 PROJECT FUNDS AVAILABLE: StormwaterCIP .................................................................... ............................... $ Project Total $ FUNDS REQUIRED: Construction ( TBD) ................................................................ ............................... $ 480,000.00 Design Fees: Engineer ( ECMS) .................................................................. ............................... $ 73,150.00 Geotechnical Study and Testing ( TBD) ...................................... ............................... $ 9,000.00 Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... $ 6,000.00 Engineering Services (Project Mgt//Traffic Mgt Services) ............... ............................... $ 24,000.00 Finance............................................................................... ............................... $ 3,000.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... $ 3,000.00 TOTAL ................................................................................ ............................... $ 598,150.00 ESTIMATED PROJECT BUDGET BALANCE ............................. ............................... $ 1,850.00 councilexhibits \ exht 72 143. LOCATION MAP NOT TO SCALE PROJECT #E12143 Lifecycle Curb and CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS Gutter Replacement DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and EngineGring Engineering & Construction Management Services, LLC. a Texas corporation, 5001 Oakmont Drive, Corpus Christi, Nueces County, Texas 78413, (Architect/Engineer —AIE), hereby agree as follows: 1. SCOPE OF PROJECT Lifec cle Curb and Gutter Replacement ro'ect no. E12143 — This is an ongoing project where damaged, rolled and failed curb and gutter is removed and replaced along with associated pavement repair throughout the City. In addition to improving drainage, areas considered hazardous to vehicular or pedestrian traffic will receive priority. The Fiscal Year 2012 -2013 work consists of the removal and replacement of approximately 7,000 linear feet of curb and gutter, 7,000 square feet of driveway approaches, 3,500 square feet of sidewalks, 400 square feet of ADA curb ramps and 3,000 square yards of pavement repairs. 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, 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-11", 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 Contract for Engineering (AIE) Services Page 1 of 3 KAENGINEERING DATAEXCHANGE6ANGIEMISTORM WATEME12143 LIFECYCLE CURB AND GUTTER REPLACEMENTIAGENDA ITEW CONTRACT PROFESSIONAL SERVICES.DOC be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. 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 $73,150.00 (Seventy Three Thousand One Hundred Fifty 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 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 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. Contract for Engineering (AIE) Services Page 2 of 3 K ENGINEERING DATAEXCHANGEANGIEMSSTORM WATER%E12143 LIFECYCLE CURB AND GUTTER REPLACEMENPAGENDA ITEM CONTRACT PROFESSIONAL SERVICES.DOC V f „ 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., ate Director of Engineering Services OperaWtiabepartment Date APPROVED AS TO FORM Office of Management . Date and Budget ATTEST Armando Chapa, City Secretary ENGINEERING & CONSTRUCTION MANAGEMENT SERVICES, LLC. Fe ix H. Ocanas, Jrl P.E. Date President 5001 Oakmont Drive Corpus Christi, TX 78413 (361) 549 -4576 Cell (361) 906 -2477 Fax Project No. E12143 Fund Source No. 550950 - 3495 - 00000- E12143 Fund Name: Storm Water CIP Encumbrance No. ENTERED APR 1 CONTRACT MANAGERS Contract for Engineering (AIE) Services Page 3 of 3 K'IENGINEERING DATAEXCHANGE= ANGIEMISTORM WATERIE12143 LIFECYCL£ CURB AND GUTTER REPLACEMENTIAGENDA ITEW CONTRACT PROFESSIONAL SERVICES.000 I r .0 A 1 1. EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS LIFECYCLE CURB & GUTTER REPLACEMENT (Project Number E12143) I. SCOPE OF SERVICES A. Basic Services. Preliminary Phase. The Architect/Engineer -A/E will: a. Prepare the necessary bid documents for advertising the proposed construction contract. b. Assist City staff during the bidding process as may be necessary. c. Conduct and/or attend and participate in meetings with the City staff as required towards the award of the construction contract. 2. Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image - viewing software available on the City's computer - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD -ROM, not on floppy disks. EXHIBIT "A" Page 1 of 5 Revised April 2010 K:1Engineering DalaExchangelANGIEWSTORM WATEME12143 LIFECYCLE CURB AND GUTTER REPLACEMENT\AGENDA ITEW EXHIBIT A LARGE AE CG 2013.doc .t f I .. I (f Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a 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 (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. F=ees 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. Construction Observation Services. Provide a project representative (PR) to provide periodic construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of A/E 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. EXHIBIT "A" Page 2 of 5 Revised April 2010 MEnginearing DaleExchangMANGIEWSTORM WATEME12143 LIFECYCLE CURB AND GUTTER REPLACEMENTIAGENDA ITEMQ EXHIBIT A LARGE AE CG 2013.doc C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents orwill prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and AIE of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change _ Directives, Addenda, additional Drawings issued subsequent to the Contract, AIE's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to AIE and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and AIE the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD -ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of AIE, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 2. Start-up Services. Previde on site sewices and V&ftat for a start if needed and required EXHIBIT " A " Page 3 of 5 Revised April 2010 K1Engineering DataExchangakANGIEWSTORM WATEME12143 LIFECYCLE CURB AND GUTTER REPLACEMENT4AGENDA ITEMR2 EXHIBIT A LARGE AE CG 2013,doc � a 3 Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one - year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 4 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 Activit Wednesday May 15, 2013 Begin Design Wednesday June 12, 2013 Interim Submittal Wednesday June 19, 2013 City Review DYO_Clnal S brn' #W City Review Wednesday June 26, 2013 Final Submittal Monday July 1, 2013 Advertise for Bids Tuesday July 9, 2013 Pre -Bid Conference Wednesday July 17, 2013 Receive Bids July 30, 2013 Contract Award . Tuesday Wednesday August 21, 2013 Begin Construction Thursday August 21, 2014 Complete Construction 3. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. 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 City concurrence) of the proportion of the total services actually completed at the time of billing Fo seFV'G -- I . - -.-. ... - -- -.. ... .. ., ..— -- .. -... .-- - _..- r--•--"- City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I. B. "Additional Services," the City will pay the A/E a not -to- exceed fee as per the table below: EXHIBIT "A" Page 4 of 5 Revised April 2010 K: Engineering DataExchange%NGIEMLSTORM WATEME12143 LIFECYCLE CURB AND GUTTER REPLACEMENT4AGENDA ITEW2 EXHIBIT A LARGE AE CG 2013.doc Summary of Fees Basic Services Fees 1. Preliminary Phase (20hrs @$75/hr) $1,500 2. Design Phase (100 hrs @$100 /hr) $10,000 3. Bid Phase (30 hrs @$75 /hr) $2,250 4. Construction Phase (included in 5 below) Subtotal Basic Services Fees $13,750 Additional Services Fees (Allowance) 4. Permit PTepafa# Gn - -- 2 C QVV Anri iic+"irtn C wv-ey - -- 3. T-opegmphim Survey and-I Ram-e- ID86Griptions --- A Environmental issues - -- 5. Construction Observation Services(12x22x3x$73) $59,400 6.. Start-up SeNiGes 7. Warranty Phase (included in 5 above) -- -- Sub -Total Additional Services Fees Authorized $59,400 Total Authorized Fee 73,154 EXHIBIT "A" Page 5 of 5 Revised April 2010 K kEngineering DataEnhangMANGIEMISTORM WATER1Ei2143 LIFECYCLE CURB AND GUTTER REPLACEMENTIAGENDA ITEM52 EXHIBIT A LARGE A£ CG 2013.doo k r EXHIBIT "A -1" TASK LIST (Provides supplemental description to Exhibit "A ". Exhibit "A -1" Task List does not supersede Exhibit "A. ") CITY OF CORPUS CHRISTI, TEXAS LIFECYCLE CURB & GUTTER REPLACEMENT (Project No. E12143) Basic Services (See Exhibit "A ") Additional Services: CONSTRUCTION OBSERVATION SERVICES 1) Provide construction observation services as authorized by the City in accordance with Exhibit 'A' of the Contract for Professional Services. 2) Conduct daily site visits to the project site during construction. 3) Prepare monthly reports and submit to City staff as required.. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing laboratory. PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meetings. 2) Assist the City in conducting the public information meetings. 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, WARRANTY PHASE Upon receiving authorization from the.Cityto 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. s Page 1 of 1 EXHIBIT "B" INSURANCE REQUIREMENTS Insurance Requirements A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies (except Workers Compensation /EL and Professional Liability), and a blanket waiver of subrogation is required on all applicable policies (except Professional Liability). TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, or Bodily Injury & Property Damage reduction in coverage or limits required Per occurrence - aggregate on all certificates or by policy endorsements COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury/ Advertising InjurN AUTOMOBILE LIABILITY to include: 1. Owned vehicles 2. Hired — Non -owned vehicles UMBRELLA — EXCESS LIABI ITY Must follow form PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION $1,000,000 COMBINED SINGLE LIMIT Per Occurrence and in the aggregate $1,000,000 COMBINED SINGLE LIMIT 1,000,000 COMBINED SINGLE LIMIT $2,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Applicable to paid employees while on City property Which Complies with the Texas Workers Compensation Act EMPLOY LIABILITY 500,000/$500,000/$500,000 EXHIBIT "B" Pagel of 3 C. In the event of accidents of any kind related to this agreement, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis (except for Professional Liability), by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. City shall be entitled, upon request and without expense, to receive Certificates of Insurance and all endorsements thereto as they apply to the limits required by the City. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City on CGL and Auto policies of any suspension, cancellation, non - renewal or reduction in coverage or limits in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Consultant shall provide this notice to City on Workers Compensation and Professional Liability policies. H. Within five (5) calendar days of a suspension, cancellation, or non- renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. EXHIBIT "B" Pa e2of3 I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3 of 3 COMPLETE PROJECT NAME Project No. E11088 Invoice No. 12345 Invoice Date: Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 Summary of Fees $0 Basic Services Fees $0 Additional Services Fees $1,000 Total of Fees 7% 20,818 0 0 20,818 1,000 H 1,500 7% Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 0 nla 14,166 0 0 14,166 0 0 0. nla 0% 0 0 0 0 0 0 0 $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 nla 0 0 0 0 0 0 0 nla 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% SUPPLIER NUMBER TO BE ASSIGNED BYiCITE PURCHASING DIVISION City of f CITY OF CORPUS CHRISTI City Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Engineering & Construction Management Services LLC P. O. BOX: ' U STREET ADDRESS: 5001 Oakmont Drive CITY: Corpus C hri st i ZIP: 78413 FIRM IS; 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner El 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessa7, 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 i" I Department (if known) 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 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 A] I. 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 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 to 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: Felix H. Ocanas, Jr. P.E. Title: President (Type or Print) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. o° SC a AGENDA MEMORANDUM NaRa ©aa Future Item for the City Council Meeting of May 14, 2013 ss Action Item for the City Council Meeting of May 28, 2013 DATE: April 18, 2013 TO: Ronald L. Olson, City Manager FROM: Valerie Gray, P. E., Director of Storm Water and Street Operations ValerieG @cctexas.com (361) 826 -3729 Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Engineering Design Amendment No. 1 Schanen Ditch Improvements Phase 2 CAPTION Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with Freese and Nichols, Inc. from Corpus Christi, Texas in the amount of $38,540.00, for a re- stated fee not to exceed $72,978.00 for Schanen Ditch Improvements Phase 2, for design, bid, and construction phase services. PURPOSE: The purpose of this Agenda Item is to authorize engineering services required to develop bidding and construction documents for the Schanen Ditch Improvements Phase 2 projects. BACKGROUND AND FINDINGS Under the original design contract, the project area included approximately 670 linear feet of Schanen Ditch from Cedar Pass Drive towards the east (upstream). This contract amendment will provide for additional design phase services and will extend the project area from Cedar Pass Drive approximately 2200 linear feet upstream to Wapentate Drive. This project will also address slope repair, slope stabilization, channel regarding, and adding concrete slope protection at the culverts upstream of Cedar Pass and will also repair several storm drainage pipe outfalls that area causing erosion of the slope embankment. The design will accommodate space for a future hike - and -bike trail along one side of the drainage right -of -way easement. The proposed improvements are in accordance with recommendations included in the Engineering Letter Report. ALTERNATIVES 1. Execute Amendment No. 1 with Freese and Nichols, Inc. as proposed. 2. Do not execute Amendment No. with Freese and Nichols, Inc. as proposed. OTHER CONSIDERATIONS Construction observation is not included in this contract amendment. CONFORMITY TO CITY POLICY Conforms to statutes regarding the FY 2012 -2013 Capital Improvement Budget EMERGENCY / NON - EMERGENCY Not applicable DEPARTMENTAL CLEARANCES Storm Water and Street Operations FINANCIAL IMPACT ❑ Ooeratina ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date Current Year Future Years Totals 2012 -2013 Expenditures Line Item Budget $11,300.00 $500,000.00 $2,088,700.00 $2,600,000.00 Encumbered /Expended $11,300.00 $0.00 $11,300.00 Amount This item $38,540.00 $0.00 $38,540.00 Future Anticipated $0.00 $0.00 $0.00 Expenditures This Project BALANCE $0.00 $461,460.00 $0.00 $0.00 Fund(s): Storm Water CIP #10 Comments: Restoration of channels and ditches is critical to avoid potential washouts that may result in encroachment, flooding, and undermining of adjacent private structures during rain events. RECOMMENDATION City Staff recommends the approval of Amendment No. 1 with Freese and Nichols, Inc. LIST OF SUPPORTING DOCUMENTS Project Budget Location Map Amendment No. 1 PROJECT BUDGET ESTIMATE SCHANEN DITCH IMPROVEMENTS PHASE 2 (Project No. E11073) Future Item City Council Meeting 5/14/2013 Action Item City Council Meeting 5/28/2013 FUNDS AVAILABLE: Storm Water CIP (FY 2011 -2012 and FY 2012 - 2013) ................. ............................... $900,000.00 FUNDS REQUIRED: Construction (preliminary estimate) ........................................ ............................... $613,636.36 Contingency ( 10%) .............................................................. ............................... 61,363.64 Engineer Fees: Engineering (Freese and Nichols) Amendment No. 1 ................ ............................... 72,978.00 Topographic Survey (Capnor USA) ........................................ ............................... 9,466.46 Geotechnical Study and Testing ( TBD) .................................... ............................... 18,000.00 Reimbursements Contract Administration (Contract Preparatio n/Awa rd/Ad min) ...... ............................... 13,500.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) .......... ............................... 90,000.00 Finance Issuance ............................................................... ............................... 4,500.00 Misc. (Printing, Advertising, etc.) ............................................ ............................... 4,500.00 TOTAL ............................................................................. ............................... $887,944.46 ESTIMATED PROJECT BUDGET BALANCE .......................... ............................... $12,055.54 File : \ Mproject \counci1exh \exhE11073.dwg W U 'CBS BA Sh Ch4 �'ne� I H 37 ��F�, I H 37 L OPARD Z 3 CORPUS AGNES C9fRISTJ 0 ° MO GAN Ball_/ w � o c, a � � a z a Z m W. POINT Q F s o� 0 SRO q�q O OCFgN IlF S gRg TC ` Q ly �� CAYO DEL OSO F.M. 43 PROJECT LOCATION No OY co co w N Z D U) Q � Q F M 2444 oRkTO�et� FLOUR BLUFF 0 OSp Cr LOCATION MAP NOT TO SCALE PROJECT # E11073 CITY COUNCIL EXHIBIT SCHANEN DITCH IMPROVEMENTS CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PHASE 2 PAGE: 1 of 1 = _ AMENDMENT NO. 1 TO SMALL A/E AGREEMENT FOR ARCHITECT /ENGINEERING SERVICES The City of Corpus Christi, Texas, hereinafter called "CITY ", and FREESE AND NICHOLS, INC, hereinafter called "ENGINEER ", agree to the following amendments to the contract for Architect/Engineering Services for the following project, as authorized and administratively amended by: Original Small A/E Agreement I July 21, 2011 1 Administrative Approval $34,438.00 1. DECLARATIONS. "CITY" desires to engage "ENGINEER" to provide services in connection with dity's project, described as follows: SCHANEN DITCH IMPROVEMENTS PHASE 2 Project No. E11073 ( "PROJECT "). 2. SCOPE OF WORK. "ENGINEER" shall provide services for the "PROJECT" in accordance with the accompanying Letter, Scope of Services, and Fee attached as "Exhibit A ". Additional Services required. 3. FEE. The "CITY" agrees to pay the "ENGINEER" for services provided in accordance with Exhibit "A', Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed $38.540.00 (Thirty Eight Thousand Five Hundred Forty Dollars and Zero Cents) fora total restated fee not to exceed $72,978.00 (Seventy Two Thousand Nine Hundred Seventy Eight Dollars and Zero Cents Monthly invoices will be submitted in accordance with "Exhibit B ". 4. INDEMNIFICATION AND HOLD HARMLESS. The Engineer agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants and employees as more full set forth in Exhibit "C ". CITY OF CORPUS CHRISTI F ESE A NICHOLS, INC. ad;E=�Y - ) - 7. ( Oscar R. Martinez (Date) Ron Guz an, P.E. (Date) Assistance City Manager Principal 800 N. Shoreline Blvd., Suite 160ON Corpus Christi, Texas 78401 RECOMMENDED (361) 561 -6500 Office / / y (361) 561 -6501 Fax Daniel Biles ' E. (Date) Director of n neering Services ' Valera , P. . (Date) Director of Storm Water APP VED AS TO FORM AOU&t: - q/1-7/ Office of Management and Budget (Da e) Legal Department (Date) K:lEngineering DataExe.hange4VELMAP4DRAINAGE1E11073 SCHANEN DITCH IMPS PHASE ZAMENDMENT NO. 1 freese nicholMAMENDMENT NO. 1.doc n ATTEST Armando Chapa, City Secretary Project No. E11073 Fund Source No. 550950 - 3495 - 00000- E11073 Fund Name: Storm Water 2012B CIP Rev Bds AN Encumbrance No. JJJ y KWngineering DalaEnhango WELMAKDRAINAGBE71073 SCHANEN DITCH IMPS PHASE 21AMENOMENT NO. 1 freese oichoWAMENDMENT NO. 1.doc EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Schenen Ditch Improvements Phase 2 (Project No. El 1073) AMEND. NO.1 EXHIBIT "A" Pa e 1 of 10 60M Gity PRg file*. e, AeFlal PhGtGgFaPhY W the "sat area. d. f . — = -a 1AW A1 L1111J.r� - a -ter - AJALd 9 r 11 nor Nor.. T.7mon"70, I W7 1 � Oft 60M Gity PRg file*. e, AeFlal PhGtGgFaPhY W the "sat area. d. f . 2. Design phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the AIE Will: b. Prepare one (1) set of the construction bid and contract documents (electronic and full -size hard copies using City Standards as applicable), including contract agreement forms, general conditions and supplemental conditions, notice to bidders, AMEND. NO. 1 EXHIBIT `°A" Pa e2of10 Instruction to bidders, Insurance, bond requirements, and preparation Of other contract and bid related Items; specifications and drawings to fix and deswbe, for one bill, the size and character of the entire Project; description of rnaterietls to be utilized, and such other essentials as may be necessery for construction and cost analysis, c, :Provide assistance to Identify testing, handling and disposal of any hazardous -materials andlor contaminated soils that may be discovered daring construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs with the recornrnended construction schedule, The construction schedule will provide a phased appmach t n • jaeA by distinguishing key elements w-ah as. Pipe Size or Building-Siaze r Why one mateiial us seleded ever- anothe Pluses of seleetione ROW Fequkements and v"Y GGRO�bilk% etc, Speeifis Faquiraments a! the G4 • Any unique Faqu IF Aaali;nllete all FWow , phase neA 0 g. Provide one (1) set of the pre -final plans and bid documents (90 /� submittal - electronic-and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. h. Provide Quality Assurance /Quality Control (CWQC) measures to ensure that' submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant AIE and Sub - consultant ME shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and Include ) i 1 J y M O.1 A" 10 signature of all' including but not limited to structural, civil, mechanical, eldefrIcal, etc. I. If required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. j, Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. k. Assimilate all finatieview comments (if any). , i. Upon' approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. m. The-City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -Use of modified plans. n. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. o. Provide a Storm Water Pollution Prevention Plan, if required. The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b. Provide the budget for the Project specifying the funds available for the construction contract. c. Provide the City's . standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a. Participate in the pre -bid conference and provide a recommended agenda for critical construction activities and elements Impacted the project. b. Assist the City In solicitation of bids by Identification of prospective bidders, and review of bids by solicited interests. 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 prior -6 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 matte such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. The City staff will: a. Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b. Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening, s r s AMEND. N0. 1 EXHIBIT " A" Page 4of10 c. Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. . d. Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Phase., The 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 wonting 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 ar 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 program of construction. L Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications fortha contmelarand authorize minor changes which do not af%ctthe contractor 's price and Ora not contrary to the general Interest of the City under the contract. g. Make final InspiotWon with City staff and provide the City with a Cortif late. of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this project, These manuals will be In a "multimedia format" suitable for viewing vAth Microsoft's Internal Explorer, version 3.0. As a minlmum the Introduction, Table of Contents, and Index will be In HTfl L (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The rev alhder of the manual can be scanned Images or a mixture of scanned Images and tort, Us% the common formats for scanned images ¢ Clfz, TIFF, JPEG, etc., C*n#lrm before delivery of the manuals that all scanned Image formats are compatibl with the image- vlevuing soft ayt available on the City's computer Imaging to livings (Wang) and li9iiarosoft Imaging Corrrp08er, 0e11vOr the m anuals an a CO -ROIA� not on fl disks. i, Ravlaw constmetion `red- line`" drawings, prepare moord drawings of the ptoject a constmcted ftm the "reds -line" drawings, Inspection, and the contractor provided plans) and delivar to the Englnee ft Sow s a reproducible set and electronle Elie (AutoCAD r A4 or later) of the remm drawings wvithtn two (2) months of final acceptance of the project, All draWfts will be CARD drawn using dwg format In AutoCAC, and graphics data will be In dxlformat with each layer being provided in a separate file, Attribute data will bs provided In ASCII tormat In tabular foam. All electronlo data will be compatible with the City GIS system. The City staff wail: i s AMEND. NO. 1 EXHIBIT ``A" Page 5of10 a. Prepare applicationslestimates for payments to contractor. b. Conduct the final acceptance inspection vrith the Engineer. S. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) forcompensation for additional services that may be included as part of this contract, but the AIE 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. Permit PE2RgE4)jon. (NOT AUTHORIZED) Fumish the City all engineering data and documentation necessary for all required permits. The AIE will prepare this documentation for all required signatures. The A/E will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. Union Pacific Railroad, Missouri Pacific Railroad, or any other rallroad operating in the area b. TxDOT Permits /Amendments c. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permit/Amendments f. Texas Commission of Environmental Quality (TCEQ) Permits/Amendments g. Nueces County h. Texas Historical Commission (THC) 1. . U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USACE) k. United States Environmental Protection Agency (USEPA) 1. Texas Department of Licensing and Regulation (TDLR ) 2. Rlaht- ofaNav IBM) Acauisitfon Survey. (NOT AUTHORIZ-91D) The AIE VAII review existing ROW and easements to ascertain any conflicts and provide field ROW surveys and submit ROW plats and descriptions for the City's use in the acquisition process. 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 conform with the City's Global Positioning System (GPS) control network and comply with all TxDOT requirements as applicable. A/E Consultant will be required to obtain Preliminary Tike Reports from a local title company and will provide copies of the title reports to'the City. 3. - Topographic Survey and Parcel Descriollong (NOT AUTHORIZED) A/E will provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be fled to and conform with the Ctys Global Positioning System (GPS) control network and comply nth Category 6, Condition I specifications of the Texas Society of Professional Surveyors'o Manual of Practice for Land Surveying in the M O.1 A" 10 State of Texas, Ninth Edition. include reference to a minimum of two (2) found boundary monuments from the project area. A/E will submit individual parcel descriptions and survey plats to the City along with all title reports obtained in Section 2, A strip map showing all parcels required will be submitted along with parcel descriptions. The Ate will field mark and delineate all new right-of-way lines upon request of the City`s land Acquisition Division, 4. Wronmental j sues, (NOT AUTHORIZED) Identify and develop a scope of Work anytesting, handling and disposal of hazardous materials and/or contaminated soils that may bei discovered during construction. (NOT AUTHORIZED) Provide a project representative (PR) to provide periodic construatlon Inspection. A, Through suer additional observations of Contractor's work in progress and fietd checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. M The duties and responsibilities of the PR are described as follows; t 1. Cansrbi, PR will act as directed by and under the supervision of AIE, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. . 2. Conference and Meetings: Attend meetings .with Contractor, such as pro - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist In understanding the intent of the Contract Documents, B, PR shall Communicate with CITY with the knowledge of and under the direction of A/E 4. Interpretation of Contract Documents: Report when clarifications and Interpretations of the Contract Documents are needed and transmit to Contractor clarifications and Interpretations as Issued. 5. , Shop Drawings and Samples: A. Receive Samples, Which are furnished at the Site by Contractor, and notify of availability of Samples for examination, B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of'any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E In determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes. that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or E D. NO.1 BIT "A" 7of10 approval required to be made, and advise City and AIE of that part of work In progress. that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents Including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, AIE's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents, B. Prepare a daily report utilizing approved Cityformat, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. 8. Reports: A. Fumish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report Immediately to the CITY and AIE the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of Clod endangering the work, and property damaged by fire or other causes, C. Provide project photo report on CD -ROM at the rate of a minimum of two photographs, per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of AIE, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and Issuance of the Notice of Acceptability of the Work. 6. Start-up Services. (NOT AUTHORIZED) 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, 7. Warranty Phase. (AUTHORIZED) Provide a maintenance guaranty Inspection toward the and of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace Improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (6o) days prior to the end of the maintenance guaranty period. . r AMEND. NO.1 EXHIBIT "A" Page 8of10 8. Provide the services above authorized In addition to those items shown on Exhibit 11 A. - 1 Task List, which provides supplemental description to Exhibit "K. Note: The Exhibit "A. V Task List does not supersede Exhibit "'Au. 2i SCHEDULE Date ...- -_. -- .. Aotivlt December 7 2011 Be In Design 30 Da s from NTP of Amd. #1 Pre -Final Submittal -14 Days City Review 21 Days ' Final Submittal 7.Da s Advertise for Bids 8 pays Pre -Bld Conference 14 Dayg Receive Bids SO Days Contract Award 45 Days Begin Construction 120 Days Com late Construction 3. Z=EES A. Fee for Basic Services. The City will pay the AIE a fixed fee for providing for all °Basle 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 City concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. S. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section 1. B. "Additional Services, " the City will pay the A/E a not-to-exceed fee as per the table below: 's f t M I Summary of Fees 7/29/2011 Admin. Approval s r The' estimated cost of construction of Schanen Ditch Improvements Phase 2 Project Is $1,100,000. The total basic services fee proposal for this project is $69,421. Therefore, the percentage of design cost to construction cost is 6.31 %. AMEND. NO.1 EXHIBIT "A" Page 10 of 10 Original Contract Amend. No.1 Total BASIC SERVICES 1 PreliminaDL Phase $2,063.00 $0.00 __$2,-9e3, 2 Design Phase 19 244.04 25 933.00 45 177,00 3 Bid Phase 2 681 .00 2 627.00 5 348 :00 4 Construction Phase 9,550 E 34 423.00 16 Sub -Total Basic Services 34 438.00 983.00 6942100 ADDITIONAL SERVICES 1 Permit Preparation 0.00 0.00 0,00 2 ROW Acquisition 0,013 .0.00 0.00 3 To o ra hlc Survey 0.00 0.00 0.00 4 Environmental Issues 0.00 0.00 0,00 5 Construction Observation 0.00 0.00 0,00 6 Start-Up Services 0.00 0.00 0,00 7 Warran!y Phase 0.00 3,557.00 3.557.00 Sub -Total Additional Services 0.00 3 557.00 3557.00 Total $3E43B .0 0 $38 540.00 $ 7/29/2011 Admin. Approval s r The' estimated cost of construction of Schanen Ditch Improvements Phase 2 Project Is $1,100,000. The total basic services fee proposal for this project is $69,421. Therefore, the percentage of design cost to construction cost is 6.31 %. AMEND. NO.1 EXHIBIT "A" Page 10 of 10 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees -o m X C 00 c � W COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Cnntrant Invnir_pd In vnir-P_ Invnir_p CmmnFa+ *o $1,000 $0 $0 $1,000 $0 $1,000 $1,000 . 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Sampie form for: Payment Request Revised 07/27/00 EXHIBIT "C" INSURANCE REQUIREMENTS Insurance Requirements A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies (except Workers Compensation /EL and Professional Liability), and a blanket waiver of subrogation is required on all applicable policies (except Professional Liability). TYPE OF INSURANCE 30 -Day Written Notice of Cancellation, or reduction in coverage or limits required on all certificates or by policy endorsements COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury / Advertising Injury AUTOMOBILE LIABILITY to include: 1. Owned vehicles 2. Hired — Non -owned vehicles UMBRELLA — EXCESS LIABIITY Must follow form PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION EMPLOYERS' L IABILITY MINIMUM INSURANCE COVERAGE Bodily Injury & Property Damage Per occurrence - aggregate $1,000,000 COMBINED SINGLE LIMIT Per Occurrence and in the aggregate $1,000,000 COMBINED SINGLE LIMIT $1,000,000 COMBINED SINGLE LIMIT $2,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Applicable to paid employees while on City property Which Complies with the Texas Workers Compensation Act M EXHIB :Iof:3] Page C. In the event of accidents of any kind related to this agreement, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis (except for Professional Liability), by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. City shall be entitled, upon request and without expense, to receive Certificates of Insurance and all endorsements thereto as they apply to the limits required by the City. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City on CGL and Auto policies of any suspension, cancellation, non- renewal or reduction in coverage or limits in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. Consultant shall provide this notice to City on Workers Compensation and Professional Liability policies. H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. EXHIBIT "C" Pa e2of3 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. . K. It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless. and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "C" Page 3 of 3 y � DI3C��6iJ OF CHRISTI cify of Co s MINI Ordinance 17112, as amended reilokes all persons or firms seehin tto do business wit )t the C y to provide the following information. I've uestton must be answered. 1f the gmalon is not a,pIicable► answer with NA' . See reverse side for Filing Raquiretnents, Certtlications and def lls COMPANY NAME: F reon and Nichols, Inc. P. O. BOX: STREET ADDRESS 00 N. !Shoreline Blvd., Suite 160ON CITY$ Corpus +Christi ZIP: 78401 FIRM IS; 1. Corporation ® 1 Partnership 8 1 Sole Owner ❑ 4. Association 5. Other If additional space is necessar DISCLOSURE QUESTIONS y, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm:' Name NIA Job Title and City Department (if known) 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 "rem." Nance Title N/A 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; ` NSA Name Board, Commission or Committee NIA 4. State the names of +ewh employee or officer of a "consultam" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an '" ownership intaca" constituting 3 or more of the ownership in the above nand "firm. Nance Consultant NIA _ NSA { FILING REQUIREMENTS Ira perm 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 fhet in a signed writing to the City official, employee or body that has been waste 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 Bled with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION certif} that all information provided is tote 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, Certirying Person: Ron Guzman, P.E. Title: Principal mrV4Wrd *u Signature of Certifying Date: + 13 ) 3 Person: 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 elect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part - time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. C "Ownership Interest." I.egai 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. "C.ansiructively held" refers to holdings or control esiablishad through voting trrms, 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. S C �a ©°� AGENDA MEMORANDUM ,CORPORA Future Item for the City Council Meeting of May 14, 2013 1852 Action Item for the City Council Meeting of May 28, 2013 DATE: April 16, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Engineering Design Contract for ADA Master Plan Improvements City Wide Bond Issue 2012 CAPTION Motion authorizing the City Manager, Hill, Inc. from Corpus Christi, Texas Bond Issue 2012, for design, bid, a Street Projects) PURPOSE: or designee, to execute a Contract for Professional Services with CH2M in the amount of $263,200 for ADA Master Plan Improvements City -Wide nd construction phase services BOND ISSUE 2012. (Proposition No. 1 The purpose of this Agenda Item is to execute the Contract for Professional Services with CH2M Hill, Inc. for ADA Master Plan Improvements City -Wide Bond Issue 2012. BACKGROUND AND FINDINGS This project will implement the Americans with Disabilities (ADA) transition plan approved by City Council (2003) as well as address accessible routes including sidewalks and curb ramps which are identified and prioritized in the ADA Master Plan - Phase 1 which was adopted by City Council on December 11, 2012. In addition to these priorities, this project will also incorporate curb ramp locations which are identified by individual citizens and prioritized by the Committee for Persons with Disabilities Engineering Sub - Committee, by constructing approved curb ramps with a project cost of up to $100,000 per year. CH2M Hill, 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 CH2M Hill, Inc. as proposed. 2. Do not execute the Contract for Professional Services with CH2M Hill, Inc. as proposed. OTHER CONSIDERATIONS This project is one of the Bond Issue 2012 Proposition No. 1 Street Projects approved by the community in the general election held on November 6, 2012. K: \ENGINEERING DATAEXCHANGE \ANGIEM \ADA \12104 ADA MASTER PLAN BOND ISSUE 2012 \AGENDA ITEM \AGENDA MEMO -ADA MASTER PLAN IMPROVEMENTS CITY WIDE. DOCX CONFORMITY TO CITY POLICY The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. CH2M Hill, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON - EMERGENCY Not applicable DEPARTMENTAL CLEARANCES Not applicable FINANCIAL IMPACT ❑ Ooeratina ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2012 -2013 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget $575,000.00 $1,725,000.00 $2,300,000.00 Encumbered /Expended Amount This item $263,200.00 $0.00 $263,200.00 Future Anticipated $311,800.00 $1,724,450.00 $2,036,250.00 Expenditures This Project BALANCE $0.00 $550.00 $550.00 Fund(s): Streets Bond Issue 2012 and Bond Issue 2008 Comments: The Contract for Professional Services will result in the expenditure of an amount not to exceed $263,200.00. RECOMMENDATION City Staff recommends the approval of the Contract for Professional Services with CH2M Hill, Inc. LIST OF SUPPORTING DOCUMENTS Project Budget Location Map Contract K: \ENGINEERING DATAEXCHANGE \ANGIEM \ADA \12104 ADA MASTER PLAN BOND ISSUE 2012 \AGENDA ITEM \AGENDA MEMO - ADA MASTER PLAN IMPROVEMENTS CITY WIDE. DOCX councilexhibits \ exhE 121 Shp Channel N PROJECT LOCATION WATER FROM RESACA TO BELDEN PROJECT LOCATION TANCAHUA FROM LEOPARD TO KINNEY PROJECT LOCATION LIPAN FROM N. PORT TO CARANCAHUA PROJECT LOCATION MANN FROM N CHAPARRAL TO N SHORELINE Q PROJECT LOCATION 3 CHAPARRAL FROM AUBREY TO BORN EXCLUDING BETWEEN SCHATZELL TO JOHN SARTAIN J LIPAN AGNES PROJECT LOCATION CARANCAHUA FROM COOPER'S ALLEY TO KINNEY HOSPITAL PROJECT LOCATION HOSPITAL FROM APPROX MID BLOCK TO WEST PARKING Q� s PROJECT LOCATION KINNEY FROM CHAPARRAL TO WATER ¢ PROJECT LOCATION = S. SHORELINE FROM ¢ LAWRENCE TO PARK �ILPROJ LOCATION ORELINE FROM EY TO PARK DING BOND 2008) PROJECT LOCATION TO BROADWAY CT WATER FROM KINNEY (EXCLUDING BOND 2008) w J � N ` 1 3 PROJECT LOCATION MACARTHUR FROM HORNE TO BELTON J� Q LOCATION MAP NOT TO SCALE PROJECT #E12104 CITY COUNCIL EXHIBIT ADA MASTER PLAN IMPROVEMENTS CITY OF CORPUS CHRISTI, TEXAS CITY -WIDE BOND ISSUE 2012 DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 PROJECT BUDGET ESTIMATE ADA Master Plan Improvements City Wide Bond Issue 2012 E12104 PROJECT FUNDS AVAILABLE: Bond 2012 ........................................................................... ............................... $ 2,300,000.00 FUNDS REQUIRED: Construction (preliminary estimate) .......................................... ............................... Contingency( 10 %) ................................................................ ............................... Design Fees: Engineer (CH2M Hill) ............................................................. ............................... Geotechnical Study and Testing ( estimate) ................................. ............................... Construction Materials Testing ( estimate) ................................... ............................... Reimbursements: Contract Administration (Contract Preparation/ Award/ Admin) ......... ............................... Engineering Services (Project Mgt /Constr Mgt /Traffic Mgt Services) ............................... Finance............................................................................... ............................... 1,675,000.00 167,500.00 263,200.00 45,000.00 23,000.00 115,000.00 2,300.00 Misc. (Printing, Advertising, etc.) .............................................. ............................... 2,300.00 TOTAL ................................................................................ ............................... $ 2,293,300.00 ESTIMATED PROJECT BUDGET BALANCE ............................. ............................... $ 6,700.00 d 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 CH2M Hill, Inc. a Texas corporation, 555 N. Carancahua, Corpus Christi, Nueces County, Texas 78401, (Arch itectlEng i neer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT ADA Master Plan Improvements City -Wide Bond Issue 2012 (Project No. E12104) This project will implement the Americans with Disabilities (ADA) transition plan approved by City Council (2003) as well as address accessible routes including sidewalks and curb ramps which are identified and prioritized in the ADA Master Plan - Phase 1 which was adopted by City Council on December 11, 2012. In addition to these priorities, this project will also incorporate curb ramp locations which are identified by individual citizens and prioritized by the Committee for Persons with Disabilities Engineering Sub - Committee, by constructing approved curb ramps with a project cost of up to $100,000 per year. 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 11 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 (A!E) Services Page 1 of 3 K%ENGINEERING DATAEXCHANGE% ANGIEMIADA112104 ADA MASTER PLAN BOND ISSUE 201211 CONTRACT PROFESSIONAL SERVICES.DOC The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $263,200.00 (Two Hundred Sixty Three Thousand Two Hundred 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. Contract for Engineering (A/E) Services Page 2 of 3 K%ENGINEERING DATAEXCHANGEWNGIEMWDA \12104 ADA MASTER PLAN BOND ISSUE 201211 CONTRACT PROFESSIONAL SERVICESMOC All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. [QkWFA[q] &016] :1 :1 J &M M Oscar R, Martinez, Date Assistant City Manager fff •t, t► I§W Office of Management Date and Budget Armando Chapa, City Secretary Contract for Engineering (A/E) Services Page 3 of 3 CH2 HILL, INC. KSENG$NEERINGDATAEXCHANGEIANGIEM ADA112lG4 ADA MASTER PLAN BOND ISSUE 2012%1 CONTRACT PROFESSIONAL SERVICES. DOC 1 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS ADA Master Plan Improvements City -Wide Bond Issue 2012 (Project Number: E12104) 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. Preliminary Phase The Architect/Engineer -A/E (also referred to as Consultant) will: a) Prepare Consultant contract award recommendation PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings minutes to attendees within five working days of the meeting. Oensulta� d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. Eliminate non - compliant intersections identified in the ADA Master Plan, but scheduled for upgrades in other completed, ongoing or upcoming projects by the City. RTA and TxDOT based on project location data provided by the City in December 2012. e) Develop preliminary requirements for utility relocations,, replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. g) naa. Conduct site visits to 140 corner locations and sidewalk segments identified in Exhibit "A -1 ". Identify corner locations or sidewalk alignments constrained by limited right -of -way. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. sefved j) GendwGt the hydFaU ana W quantify the stemn se-Are-r- d-e-sign of exist and k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities aad that must be 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 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, EXHIBIT " A " Page 1 of 11 K 1Engineering DataExchange%ANGIEMWDA112104 ADA MASTER PLAN BOND ISSUE 201212013 04 24 EXHIBIT A LARGE AE - ADA IMPR REV TRACK CHANGES.60cx USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. Fequii:emenW. o) Prepare an Engineering Letter Report ( 25 5 — 10 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). Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, Gress- seGUORs, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, GF966 sertieR, rte, 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, CDBG, USPS, CCISD, community groups, TDLR, etc. " T and 1 a##eGt. 6. Provide anticipated index of drawings and specifications. 7 It is anticipated there will be locations in which the level of design detail required to generate constructible plan sheets exceeds the level of detail set forth in the agreement of this contract (as outlined in Exhibit "A" I.A.2.d). At the 30% (Engineering Letter Report) Submittal these locations will be identified by the A!E (CH2M HILL). Locations requiring additional detailing not covered in the base contract will be paid for under a contract amendment at a rate of $2,500 per sheet. It is assumed that a plan sheet will have one (1) intersection or 560 LF of sidewalk. 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 Final 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. EXHIBIT "A" Page 2 of 11 K%Ergirteering DataE=hange%ANGIEM%ADA%12104 ADA MASTER PLAN BOND ISSUE 201212013 04 24 EXHIBIT A LARGE AE - ADA IMPR REV TRACK CHANGES.deex 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. (A/E 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 only for the intended purpose of this project. Any 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. C) Prepare construction documents in City standard format for the work identified in the approved ELR. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 4'x36= one hundred fifty-seven (157) 11 "x 17" plan sheets_ that Gal; be Fad - AACI 11 " " Plan set level of design detail will be based on TxDOT Plans for CSJ 0916 -00 -063, a similar project for the construction of curb ramp improvements. The plan set will include the following: 1. Cover Sheet (1 Sheet) 2. General Construction Notes and Abbreviations 0 Sheet) 3. Estimated Quantities (1 Sheet) 4. Corridor Location Sheets (10 Sheets) 5. Curb Ramp Corner Sheets (53 Sheets) a. 240 Ramps (40 one -ramp corners and 100 two -ramp corners) located at 140 corner locations. b. 2 to 4 corner locations per sheet 6. Sidewalk Sheets (49 Sheets) a. 26.951 LF of sidewalk b. 2 viewports per sheet, 280 LF of sidewalk per viewport. 7. Citizen Request ID /IQ (Fees associated with these sheets are part of 8. City Standards for Driveways, Curb & Gutter, Sidewalks, and miscellaneous details (15 Sheets) 9. City Standard PED Sheets (5 Sheets) 10. Project- Specific Detail Sheets (2 Sheets) 11. Prepare Traffic Control Plan Sheets The TCP will include , r--n-mstmafian phasing plan sheets, warning and barricades, as- well -as EXHIBIT "A" Page 3of11 K %Engineering DataExchange%ANGIEMIADA112104 ADA MASTER PLAN BOND ISSUE 201212013 04 24 EXHIBIT A LARGE AE - ADA IMPR REV TRACK CHANGES.docx including standards sheets for barricades, traffic control plan, work zone pavement markings and signage (15 Sheets) 12. RFeaideStorm Water Pollution Prevention Plan, including construction drawings 2 Sheets). e) Furnish one (1) set of the interim plans (60% submittal - electronic and #till half - 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 minutes to attendees within five working days of the meeting. Assimilate all review comments as appropriate and proceed to next phase upon Notice to Proceed. Provide eRe (1) set of the piFe-final plans and bed dGGUMGAtS 0 tests h) Hold PFGjeGt 0 PranA8d i) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full half -size hard copies using City Standards as applicable) for City's final review. j) Hold Project 100% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate review comments and incorporate revisions of the agreed upon level of design detail into the plans and specifications, and advise City of responding and non- respondina participants as appropriate, and proceed to next phase upon Notice to Proceed. k) Assimilate all final review comments and upon approval by the Director of Engineering Services, provide one (1) set of the fkW bid plans and contract documents (electronic and full half -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual propertv of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final bid plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. 1) 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 or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee. Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards.- EXHIBIT "A" Page 4 of 11 K:1Ergineerirg DstaExchange%ANGIEM%ADA \12104 ADA MASTER PLAN BOND ISSUE 20121201304 24 EXHIBIT A LARGE AE - ADA IMPR REV TRACK CHANGES.docx m) 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. n) 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. 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 ;masted impacting 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 up to four 4 addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make provide a summary report concerning awaFd of the GoAtFaGt responsiveness and responsibility of bidders e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. f) Prepare Contractor bid award recommendation 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 A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. C) Receive the Engineer's summary report concerning bid evaluation and FeGemmendafien s 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 impacting the project. EXHIBIT "A" Page 5 of 11 K%Ertgineering OalaExdtange%NG1EMWDA112104 ADA MASTER PLAN BOND ISSUE 2012/201 3 04 24 EXHIBIT A LARGE AE - ADA IMPR REV TRACK CHANGES.doex 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 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 (up to 10 field visits; up to 4 hours per visit) 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) A/E will not provide field engineering during the construction phase of this rp oiect. g) 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. h) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor - provided construction "red -line" drawings. Prepare Project record drawings (to the same level of design detail as agreed upon in this contract ) 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 CADD drawn using .dwg format in AutoCAD, and graphics data will be in Axf 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. C) Provide Consultant the construction "red- line" drawings. 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. 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: Mn the aF TxDQT utility and eRYOFORmental �mr�n v*sGhaFSe Per:::; ' multiple use a@Feements T EXHIBIT "A" Page 6 of 11 K%ErgneMng DataExchangeXANG1EWADA112104 ADA MASTER PLAN BOND ISSUE 20121201304 24 EXHIBIT A LARGE AE - ADA IMPR REV TRACK CHANGES.doex e. NTPDES Permit/Amendments (including SSC, NOI, NOT). Consultant will prepare NOI for signature by City's responsible party. U.S. Fish and Wildlife SeW (USPALS) k I Initeed State Envirnnmen4..l Drn4en +inn Ai+cnnv 11 IQEPA) I. Texas Department of Licensing and Regulation (TDLR ) n. 2. Right -of -Way (ROW)- Asgu+siWn- Identification 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. b a.. zd. G) PFGvide a PF8 base Fnap Gentaining appaFent ROW, whiGh will be used by the NF= to develep the PFOpesed alignment and its pesitien Felative to the existing 3. Topographic Survey 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. hn@ineerinn Gens ltai:i • 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 third - parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. gwweying eewiiaes, Felated to EXHIBIT "A" Page 7 of 11 K1Engineving DataExchangelANGIEMI4DA112104 ADA MASTER PLAN BOND ISSUE 2012\2013 04 24 EXHIBIT A LARGE AE - ADA IMPR REV TRACK CHANGES.docx W9 fi re —rvrwE—. 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. must be showF;. M) PFepaFe individual signed and sealed par-Gel maps and legal de6GF far the all pamels FeqUiFed will be sub.m.*#-ed aleng with par-Gel deSGAPNOR6. Additional 0 dWFiAg 5. Public Involvement. , Prepare one (1) PowerPoint presentation for meeting with Committee for Persons with Disabilities Engineering Sub - Committee. EXHIBIT "A" Page 8 of 11 K\Engineering DateExchangeVWGIEMIADAl2104 ADA MASTER PLAN BOND ISSUE 2012\2013 04 24 EXHIBIT A LARGE AE - ADA IMPR REV TRACK CHANGES.docx ■- - - - - 40 00, - 0 w: ML - - - - - EXHIBIT "A" Page 8 of 11 K\Engineering DateExchangeVWGIEMIADAl2104 ADA MASTER PLAN BOND ISSUE 2012\2013 04 24 EXHIBIT A LARGE AE - ADA IMPR REV TRACK CHANGES.docx 7. CGRStFdstiGR ObseFinatien SeMews TO Be ^°•eFMiRed Not applicable 8 Start up SeMses if Reeded and Fequiped-. 9. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 10 ADA IMPROVEMENTS ID /IQ (Indefinite Deliverable /Indefinite Quantity) PROJECT CONTRACT DOCUMENTS (PLANS & SPECIFICATIONS) TO BE DETERMINED. 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 ". EXHIBIT "A" Page 9 of 11 K1Engineering DataExchan;;"NG1EMV%DA112104 ADA MASTER PLAN BOND ISSUE 2012/2013 04 24 EXHIBIT A LARGE AE - ADA IMPR REV TRACK CHANGES.Oocx II. SCHEDULE Date Activit Friday, May 31 -, 2013 NTP Friday, October 4, 2013 Draft ELR Submittal Friday, October18, 2013 City Review Friday, November 1, 2013 Final ELR Submittal Friday, February 7 , 2014 60% Design Submittal Friday, March 7, 2014 City Review Friday, April 11, 2014 100% Design Submittal Friday, April 25, 2014 City Review Friday, May 23, 2014 Bid Submittal Monday, May 26, 2014 Advertise for Bids Wednesday, June 4, 2014 Pre -Bid Conference Wednesday, June 11 , 2014 Receive Bids Tuesday, July 22, 2014 Contract Award Monday, August 4, 2014 Begin Construction Friday, April 10, 2015 Complete Construction Friday, A 8, 2016 Warranty Phase Complete EXHIBIT "A" Page 10 of 11 K%Engineering DataExchange%ANGIEMADA112104 ADA MASTER PLAN BOND ISSUE 20121201304 24 EXHIBIT A LARGE AE - ADA IMPR REV TRACK CHANGES.docx 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 -34, 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. , the City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the A/E a not -to- exceed fee as per the table below: Summary of Fees A. Basic Services Fees 1. Preliminary Phase $24,100 2. Design Phase $128,550 3. Bid Phase $6,525 4. Construction Administration Phase $16,920 Subtotal Basic Services Fees $176,095 B. Additional Services Fees (Allowance) 1. Permit Preparation (Authorized) $2,870 2. Right -of -Way (ROW) Identification Survey (Authorized) $6,065 3. Topographic Survey (Authorized) $74,130 5. Public Involvement (Authorized) $1,080 7. Construction Observation Services N/A 9. Warranty Phase (Authorized) $2,960 10. ADA Improvements ID /IQ (Authorization Required) TBD Subtotal Additional Services Fees $87,105 TOTAL BASIC SERVICES AND ADDITIONAL SERVICES $263 200 The estimated cost of construction for ADA Master Plan Improvements City -Wide Bond Issue 2012 is $1,575,000. The Basic Services fee for the project is $176,095. Therefore, the percentage of Basic Engineering Services cost to construction cost is 11.2 %. EXHIBIT "A" Page 11 of 11 KTW4teedrtg DataExdvmpWNGIEM%ADA112104 ADA MASTER PLAN BOND ISSUE 20121201304 24 EXHIBIT A LARGE AE -ADA IMPR REV TRACK CHANGES.docx EXHIBIT "A -1" CITY OF CORPUS CHRISTI, TEXAS ADA Master Plan Improvements City -Wide Bond Issue 2012 (Project Number: E12104) I. SCOPE OF SERVICES A. BASIC SERVICES Basic services includes approximately 240 curb ramp improvements (located at 140 comer locations) and approximately 26,951 LF of sidewalk improvements based on the City of Corpus Christi ADA Master Plan, Phase 1, Package A and B. Project limits include: ADA Master Plan, Package A • Water Street— Resaca Street to Belden Street and Kinney Avenue to Broadway Court (excludes the Broadway Court intersection) • Shoreline Boulevard — Aubrey Street (I.H. 37) to Park Avenue o Excludes Twigg Street intersection, Antelope Street intersection, Coopers Alley Intersection, Broadway Court intersection, Park Avenue intersection on Shoreline southbound lanes, and sidewalk along southbound Shoreline between Broadway Court and Park Avenue • Mann Street — North Chaparral to North Shoreline Boulevard Chaparral Street —Aubrey Street (I. H. 37) toSchatzell Street and John Sartain Street to Born Street (Excludes Twigg Street, and Cooper's Alley intersections) • Kinney Avenue — Chaparral Street to Water Street ADA Master Plan, Package B • Lipan Street — North Port Avenue to Carancahua Street • Tancahua Street — Leopard Street to Kinney Avenue • Carancahua Street — Cooper's Alley to Kinney Avenue • Hospital Boulevard — Approximately mid block between Baylor and Kokernot to West Parking Lot (Dead End) on the north side of Hospital Boulevard • MacArthur Street— Horne Road to Belton Street (excludes Belton Street intersection) EXHIBIT "A -1" Page 1 of 8 1. PRELIMINARY PHASE a) MEETINGS /PRESENTATIONS (1) Consultant will prepare Consultant contract award recommendation PowerPoint presentation (in City format) for City Council Meeting. (2) Consultant will coordinate one (1) Kick -Off Meeting. The purpose of the meeting is to: (a) Summarize project scope and schedule. (b) Coordinate any special design considerations with City Staff and City Department representatives. (3) Consultant will coordinate one (1) Draft Engineering Letter Report review meeting. (4) Consultant will prepare PowerPoint presentation, handouts, and exhibits for one (1) City- appointed capital project oversight committee meeting. (a) Consultant staff will attend the meeting. (b) Consultant will provide written follow -up and response to committee comments. Format will be a letter /memo to the City Project Manager. b) DATA COLLECTION (1) Consultant will review ADA Master Plan requirements. (a) Consultant will check proposed Master Plan improvements against proposed projects from the City, the RTA, and TxDOT to avoid redundant design efforts. (2) Consultant will perform site visits to all corner locations. The purpose of site visits is to: (a) Establish up -to -date field conditions. (b) Take photographs to aid in design. (c) Document site - specific obstructions or design considerations. (3) Consultant will identify areas of potential right -of -way constraints using City GIS (if available for the area) and County Plat records. EXHIBIT "A -1" Page 2 of 8 c) ENGINEERING LETTER REPORT (1) Consultant will provide City staff with one (1) hard copy and one (1) electronic copy of Draft Engineering Letter Report (ELR). Draft ELR will include the following: (a) Project Description and Limits (b) Project Context in the ADA Master Plan (c) ADA - Compliant Parameters (d) Typical Existing Site Conditions (e) Typical Proposed Improvements (f) Unique, Site - Specific Design Considerations and Recommendations (i) It is anticipated there will be locations in which the level of design detail required to generate constructible plan sheets exceeds the level of detail set forth in the agreement of this contract (as outlined in Exhibit "A -1 ", I.A.2.a.1.b.i). At the 30% (Engineering Letter Report) Submittal these locations will be identified by the Engineer (CH2M HILL) Locations requiring additional detailing not covered in the base contract will be paid for under a supplemental contract agreement at a rate of $2,500 per sheet. It is assumed that a plan sheet will have one (1) intersection or 560 LF of sidewalk. (g) Coordination with other Entities or Agencies (h) Engineer's Opinion of Probable Cost (i) Opinion of cost will be based on ADA Master Plan guidelines and experience from similar projects. (i) Anticipated Index of Drawings and Specifications 0) Plan Sheet Template (2) Consultant will assimilate City comments of the Draft ELR and submit one (1) hard copy and one (1) electronic copy of FINAL ELR. (3) Consultant will conduct and document internal QA/QC review of Draft and Final ELR submittals. 2. DESIGN PHASE a) 60% SUBMITTAL EXHIBIT "A -1" Page 3 of 8 (1) Consultant will provide City staff with one (1) hard copy and one (1) electronic copy of 60% Submittal, which will include the following: (a) Plan Executive Summary and checklists as required by City Plan Preparation Standards. (b) 60% Submittal Plan Set (11 "x17" format) (i) Plan set level of design detail will be based on TxDOT Plans for CSJ 0916 -00 -063, a similar project for the construction of curb ramp improvements. (c) Engineer's Opinion of Probable Cost (d) List of specifications (2) Consultant will coordinate 60% Submittal review meeting with City staff. b) 100% Submittal (1) Consultant will provide City staff with one (1) hard copy and one (1) electronic copy of 100% Submittal, which will include the following: (a) 100% Submittal Plan Set (11 "x17" format) (i) Plan set level of design detail will be based on TxDOT Plans for CSJ 0916 -00 -063, a similar project for the construction of curb ramp improvements. (b) 100% Submittal Set of Specifications and Contract Documents (c) Engineer's Opinion of Probable Cost (d) City's red -lined set of review comments from 60% review, with Consultant's documented response to comments. (2) Consultant will coordinate 100% Submittal review meeting with City staff. c) Bid Set Submittal (1) Consultant will provide City staff with one (1) hard copy and one (1) electronic copy of Bid Set Submittal, which will include the following: (a) Bid Set Submittal Plan Set, signed and sealed (11 "x17" format) (i) Plan set level of design detail will be based on TxDOT Plans for CSJ 0916 -00 -063, a similar project for the construction of curb ramp improvements. (b) Bid Set Submittal Set of Specifications and Contract Documents, signed and sealed EXHIBIT "A -1" Page 4 of 8 (c) Engineer's Opinion of Probable Cost (d) City's red -lined set of review comments from 100% review, with Consultant's documented response to comments. d) QA/QC (1) Consultant will conduct and document internal QA/QC review of 60 %, 100 %, and Bid Set Submittal plans, specifications, and documents. 3. BID PHASE a) PRE -BID (1) Consultant will attend Pre -Bid Conference. (2) Consultant will address pre -bid questions and prepare up to four (4) addenda. (a) City Project Manager will be point of contact between Consultant and Bidders. b) BID TABULATION AND SUMMARY REPORT (1) Consultant will attend bid opening, analyze bids, evaluate and prepare bid tabulation, and provide a summary report concerning responsiveness and responsibility of bidders. (2) Consultant will prepare Contractor bid award PowerPoint presentation (in City format) for City Council Meeting. 4. CONSTRUCTION ADMINISTRATION PHASE a) PRE - CONSTRUCTION (1) Consultant will participate in pre- construction meeting conference. (2) Consultant will review Contractor submittals for conformance to contract documents. b) CONSTRUCTION ADMINISTRATION (1) Consultant will review lab test results. (2) Consultant will prepare change orders as authorized by the City. (3) Consultant will visit project sites (up to 10 field site visits; up to 4 hours per visit) to confer with City project inspector and Contractor. Consultant will attend final inspection walk- through and provide a Certificate of Completion upon successful completion of the project. (4) Consultant will prepare Record Drawings based on Contractor - provided construction "red -line" drawings. EXHIBIT "A - 1 " Page 5 of 8 (a) All drawings shall be CADD drawn using AutoCAD dwg format. B. ADDITIONAL SERVICES (ALLOWANCE) 1. PERMIT PREPARATION a) TPDES PERMIT (1) Consultant will prepare NOI for signature by City's responsible party. (2) City will be responsible for submitting the completed NOI and paying the application fee. b) TDLR SUBMITTAL (1) Consultant will prepare and submit the following documents and associated review fee to TDLR. (a) Project Registration form. (b) Bid set plans for TDLR Plan Review. (c) Request for Inspection form. (2) Consultant will submit payment to TDLR for any associated fees. 2. RIGHT -OF -WAY (ROW) IDENTIFICATION SURVEY a) Establish the location of the ROW at specified locations to determine if there is adequate ROW to accommodate the required ADA improvements. It is estimated that 13 locations will require ROW identification. 3. TOPOGRAPHIC SURVEY a) Provide detailed topographic survey at each new curb ramp location (an allowance for up to 141 corner location topographic surveys have been included in this contract). Survey data will include all existing above ground appurtenances such as existing curb and gutter, power poles, traffic signal foundations, traffic signal controller boxes, fire hydrants, curb inlets, signs, fences, natural ground, etc. which may affect the design and construction of the proposed ADA improvements. (1) For curb ramps that do not have adjoining sidewalks that will be surveyed as part of item B.3.b, establish cross slope and profile of the existing sidewalk 20 feet beyond the end of the existing curb and gutter radius return. b) Establish cross slope and profile for up to 26,951 LF of existing sidewalk/pedestrian pathway. 4. ENVIRONMENTAL ISS NOT APPLICABLE EXHIBIT "A -1" Page 6 of 8 5. PUBLIC INVOLVEMENT a) PRESENTATION (1) Prepare one (1) PowerPoint presentation for meeting with Committee for Persons with Disabilities Engineering Sub - Committee. (a) Consultant staff will attend the meeting. 6. NOT APPLICABLE 7. CONSTRUCTION OBSERVATION NOT APPLICABLE 8. START UP SERVICES NOT APPLICABLE 9. WARRANTY PHASE a) Provide Warranty Phase Inspection. b) Prepare Warranty Phase Report. 10. ADA IMPROVEMENTS IDIIQ PROJECT CONTRACT DOCUMENTS (PLANS & SPECIFICATIONS) TO BE DETERMINED a) Prepare Example Delivery Orders and Forms (1) Consultant will prepare ID /IQ plans and specifications with example ID /IQ Delivery Orders. (2) Consultant will prepare an example Delivery Order form. b) Prepare Citizen Requested Delivery Orders (1) Consultant will prepare Citizen Request Delivery Orders. Delivery Orders will be limited to curb ramp corners with minimal obstructions and simple alignment features that do not require detailed design. A "City of Corpus Christi Pedestrian Curb Ramp Standards" ramp configuration will be the basis for each corner improvement. It is assumed that each Delivery Order will consist of one plan sheet designed at the level of detail set forth in the agreement of this contract. It is assumed that a plan sheet will have one (1) intersection or 560 LF of sidewalk. (a) Delivery Orders will include: (i) Coordination with City Staff and a preliminary site visit. (ii) A simple schematic layout (no topographic survey) of curb ramp improvements. (iii) Construction Cost Estimate. (b) Delivery Orders will not include: EXHIBIT "A -1" Page 7 of 8 (i) Construction observation /construction administration site visits. (ii) Corners that would require complex ramp alignment retrofits around obstructions. (iii) Topographic survey and ROW identification /acquisition services. (iv) Striping and signalization features. (2) The preparation of Citizen Request Delivery Orders will be paid to the A/E under a contract amendment at a rate of $1,200 per Delivery Order. EXHIBIT "A -1" Page 8 of 8 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES /CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, Bodily Injury & Property Damage non - renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions 'COMPENSATION $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 EMPLOYERS' LIABILITY 500,000/500,000/500,000 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 JAEngineering FormsILARGE AE EXHIBIT B.DOCX D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: L Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability 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. 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 EXHIBIT "B" Page 2 of 3 JAEngheering FormsVI ARGE AE EXHIBIT B. DOCX 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 J:Tngineedng FormsU ARGE AE EXHIBIT B.DOCX COMPLETE PROJECT NAME Project No. E11088 Invoice No. 12345 Invoice Date: Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Total Amount Previous Total Percent Contract Amd No.1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 Summary of Fees $0 Basic Services Fees $0 Additional Services Fees $1,000 Total of Fees M X 20,818 0 0 UW 1,000 0 1,500 ° n 7% 0 0 Total Amount Previous Total Percent Contract Amd No.1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 0 n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 0 $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0 n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% SUPPLIER NUMBER To BE ASSIGNED BYCITY PURCHASING DIVISION Ci,y of CITY OF CORPUS CHRISTI oti DISCLOSURE OF INTEREST Ciry 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: CH2M Hill, Inc. P. O. BOX: STREET ADDRESS: 555 N. Camncahua, Suite 310 CITY: Corpus Christi ZIP: 7 8401 FIRM IS: 1. Corporation 2. Partnership 8 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name Consultant N/A FILING REQUIREMENT If a person who requests official action on a matter knows that the requested action will confer an economic benefit on anv Cit-., official or ernylovec that is distinguishable front the effect that the action will have on members of the �ublic 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 flit interest of the City official or crn�Joyce ill the matter is apparent. The disclosure shall also be made in a signed writing filed with the City ecretary. [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: Sidney A. Fans, P. E. Title: (Type or Print) Vice President Signature of Certifying Date: Person: �' 5 '_ 41 t04 d 932WHOM -31 12-b-5 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". Ali action that is likely to affect in economic interest if it is likely to have all effect on that interest that is distinguishable frorn its effect on members or 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 all independent contractor. d. "Firtu." A ny c n tity operated for economic gain, whether professional, industrial or com mere i a], and whether established to produce or deal with a product or service, including but not limited to, entities operated in the forth 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. c. "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 ChTiSti,'I'exas. **Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm. such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CITY COUNCIL EXHIBIT ADA MASTER PLAN IMPROVEMENTS CITY OF CORPUS CHRISTI, TEXAS CITY -WIDE BOND ISSUE 2012 DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: March 29, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Director of Municipal Information Services MichaelAr@cctexas.com 361- 826 -3735 Create a Virtual Desktop Infrastructure program for the City of Corpus Christi. CAPTION Motion authorizing the City Manager, or designee, to execute documents necessary to purchase software, hardware, and services for a virtual desktop infrastructure program from the following suppliers: Computer Solutions for $52,709.70, Dell, Inc., for $31,875.00, and IntelekTechnologies $2,317.00 for a total expenditure of $86,901.70. PURPOSE: Approval of these contracts and implementation of the project will empower 100 mobile and multi -user computer users to more easily access City computer services. It will also reduce Information Technology (IT) maintenance time and cost. BACKGROUND AND FINDINGS Virtual Desktop Infrastructure (VDI) is a more efficient method of computing. It makes available a complete desktop computer that is easy to provision, easy to maintain and does not require an expensive user device to perform City computer business. A VDI session can be opened on all the current major tablet devices, as well as all laptop and desktop computers. VDI sessions can be initiated by the employee from any Internet location in the world or through the City's extensive, local wireless network. Two categories of employees would most benefit at this time: mobile workers and those logging in on multi -user computers. Mobile workers will open a VDI session with one username and password into a unique, individual virtual desktop that opens and saves files in the same folders they use on their desktop computer. A Virtual Private Network (VPN) connection is no longer required. User required applications in the work environment are accessible in the VDI. Employees accessing multi -user computers will not require a profile on the desktop computer they use. All their applications and data files will be in the City's internal "cloud." This represents a significant reduction in maintenance and support; it also provides the Service Desk with a faster repair process— remote re -image rather than sending a technician to the computer location. ALTERNATIVES Continue using VPN access to network datashares. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY /NON- EMERGENCY Not applicable DEPARTMENTAL CLEARANCES Not Applicable 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 86,901.70 0 86,901.70 Encumbered / Expended Amount This item BALANCE 86,901.70 0 86,901.70 Fund(s): Municipal Information Services Comments: (Insert any brief comments that may be necessary to explain chart) Total cost of the contracts, including 3 years of hardware maintenance is $86,901.70. Funds are available in 5210 - 40420 - 530160. RECOMMENDATION Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS Computer Solutions Quotes, Dell Quote, Intelek Quote Computer Solutions Professional Services Agreement Certification of Funds Letter of Engagement M Soh, 814 Arion Parkway, Suite 101, San Antonio, Texas 78216 1210.369.0300 phone 1210.369.0389 fax 1 www.comsoltx.com UCS Installation and VMware VDI View for 100 Desktops Page 3 • Computer Solutions will conduct a single hands-on knowledge transfer session with Client after st - YN#n - vM 63%-ta3 (4) Client staff members for up to six (6) hours. Computer Solutions will conduct a single hands-on knowledge transfer session with Client after Client staff members for up to eight (8) hours, desktop infrastructure at time of deployment. Page 4 uCS Installation and vMwarevDI View for z00Desktops Pricing Pricing terms within this document are valid for thirty (30) days from the date of delivery to Client. Rate This is a fixed bid engagement with an estimated duration of two (2) weeks for a total of $17,305.20. Taxes Pricing does not reflect applicable taxes, which are the sole responsibility of Client. Travel Travel expenses are estimated at $1,600.00 and are included in the rate stated above. Client will bebilled only for expenses incurred. Start Date Upon receipt of a signed agreement, a Computer Solutions representat will contact Client's designated point o/ contact to discuss a tentative start date. Computer Solutions Commitment Computer Solutions is committed to the satisfaction of their customers. For a period of (30) days following project completion, Computer Solutions warrants all related performed professional services. - � Page 5 UCS Installation and VMware VDI View for 100 Desktops document contains wrivileved information that is critical to the succesoKelikaxtAs owdkAn - yWWftajp.W L e - maintain the confidentiality • this document at all times. -. ` 11 �et RM M"M MEN 1 Cervices that are not specified within this document are considered out of scope. — o Such services may be provided • Computer Solutions for an additional A Throughout the duration of project services, Client is obligated to provide assistance to Computer Solutions. Client is accountable for all resyonsibilities services. 1 1anning o If not already submitted in writing, Client will designate a point • contact (POC) by which all correspondence may be addressed to. Client will also designate a technical POC who is familiar with all areas, devices, or peripherals to be serviced by Computer Solutions. POCs will have the authority to act on behalf of Client; POC duties include but are not limited to: Page 6 � Client will provide all software and licensing required bvthis project. o Client may request that Computer Solutions procure software and licensing for an additional e� � Client will take all necessary precautions to secure and backup sensitive data prior to start of services. o In the event that data loss to Client occurs within the duration of the project, Computer Solutions will not be held liable. � Data loss includes but is not limited to corrupt, inaccurate, lost, or damaged data and unrecoverable media errors. Page 7 ��� UCS Installation and VMware VDI View for 100 Desktops By signing below, Client accepts this agreement in its entirety and recognizes its finality. Client 2cknowledges the incorporation of this agreement into the current MSA between Client and Computer Solutions. 2 . 2 , P I-SYMMI"TWI I 2nd/or delivery of necessary resources as they pertain to this agreement. Signature: Name: Title: Date: Page 8 4 . Computer Solutions ff 814 Arlon Parkway Expiration Suite 101 Apr 26 0:02 AM Date San Antonio, Texas 78216 CDT May 26, 2013 United States corn wolet'r Y http://www.comsoltx.com Doc solub IZ3 38790 - rev I of I BUSINESS, TECHNOLOGY, INNOVATION Description ComSol Professional Services (UCS & VMware) SalesRep Jones, David (P) 210-369-0318 (F) 210-369-0389 Customer Contact Spiess, John (P) 361-826-3750 johns@cctexas.com Customer Bill To Ship To Sales Order Type: Regular Order City of Corpus Christi (16975) City of Corpus Christi City of Corpus Christi 1201 Leopard Street Accounts, Payables Receiving, Central Corpus Christi, Texas 78401 1201 Leopard Street 1201 Leopard Street (P) 361-826-4091 Corpus Christi, Texas 78401 Corpus Christi, Texas 78401 (P) 361-826-4091 ........................................................................................................... ...................................................................................... 7 --------------------------------------------------------------------------------------------------------------------------------------------- Customer PO: Terms: Ship Via: None Net 30 Days FedEx Ground Special Instructions: Carrier Account #: 'None �None ............... "I'l""I'll""I'll'll""I'll""I'll",'ll""I'll""I'll'll""I'll""I'll""I'll""I'll",'ll""I'll""I'll",'ll""I'll""I'l'll""I'll""I'll""II ............... Computer Solutions Professional Services Comsol PS $17,305.20 1 No $17,305.20 $17,305.20 Fixed Bid Engagement Note: Est. Travel Expenses of $1600 are included in Rate. Client will only be billed for expenses incurred. Reference Document: "VDI lementatio n Fixed Bid" Dated 4/18/2013 Subtotal: $17,305.20 Tax (0.000%): $0.00 Cisco DIR Contract: DIR-SDD-1382 Shipping: $0.00 Expiration Date: 5/18/2014 Vendor ID: 1942650013800 Total: $17,305.20 Computer Solutions Co. Certifications: HUB (Historically Underutilized Business) Certification #1942650013800 Expires 06/25/2014 WBE (Women Business Enterprise) Certification #211089371 Expires 08/31/2013 Thank you for the opportunity to provide this quote. This quote is valid for 30 days. Freight charges are estimates only. Returns are subject to approval and may include a restocking fee. 4 . Computer Solutions ti 'M MM ff 814 Arion Parkway Expiration a t Expiration Date e Suite 101 Date 2 AM Date Oct 2 0 1:10 AM 1 0 San Antonio, Texas 78216 May 30, 2013 C D T May 3 0' 2 0 3 United States http://www.comsoltx.com D D oc Solublons 3 34168 rev I of 4 8 r ev 6 e v f I BUSINESS, TECHNOLOGY, INNOVATION c 8 Description D s r P 0 n w 0 VMware View M a V 1 0 VMware View 100 Connections & 3 YR re 0 Co nnecton s & 3 YR [Customer 24x7 S nS Sales Jones, David (P) 210-369-0318 (F) 210-369-0389 Contact Franco, Francisco Customer Bill To Ship To Sales Order Type: Drop Ship City of Corpus Christi (16975) City of Corpus Christi City of Corpus Christi 1201 Leopard Street Accounts, Payables Receiving, Central Corpus Christi, Texas 78401 1201 Leopard Street 1201 Leopard Street (P) 361-826-4091 Corpus Christi, Texas 78401 Corpus Christi, Texas 78401 (P) 361-826-4091 ------------......... ------------......... ------------......... -------------......... --------------------- ...................................................................................... 7 ----------------------------------------------------------------------------------------------------------------------------------------------- Customer PO: Terms: Ship Via: None Net 30 Days FedEx Ground Special Instructions: Carrier Account #: 'None �None ............... "I'l""I'll""I'll'll""I'll""I'll",'ll""I'll""I'll'll""I'll""I'll""I'll""I'll",'ll""I'll""I'll",'ll""I'll""I'l'll""I'll""I'll""II ............... View Premier Bundle 100 Pack VMware View Premier Bundle ( v. 5 ) - license - 100 concurrent connections - VPP - level I ( VU5-PR-100-C-LI $24,000.00 1 No $19,680.00 $19,680.00 250-599 VMware Support and Subscription Production Technical support - emergency phone consulting - 3 years - VU5-PR-100-3P-SSS-C$16,500.00 I No $15,724.50$15,724.50 24x7 - 30 min - for VMware View Premier Bundle ( v. 5 ) 100 concurrent connections Note: 3 Year Production Support 24x7 - 30 Minute Response Computer Solutions Co. Certifications: Subtotal: $35,404.50 HUB (Historically Underutilized Business) Certification #1942650013800 Tax (0.000%): $0.00 Expires 06/25/2014 Shipping: $0.00 WBE (Women Business Enterprise) Certification #211089371 Expires Total: $35,404.50 08/31/2013 Thank you for the opportunity to provide this quote. This quote is valid for 30 days. Freight charges are estimates only. Returns are subject to approval and may include a restocking fee. 0 , 0 lop Dell Inc Fritzi Mulkey MS Licensing Specialist 512-723-4948 fritzi rnulkey2dell.com Note: Quote Expires: 3/30/2013 EA Enrollment# 8876189 EA Expires: 6/30/2014 City of Corpus Christi Additional Product Quotation Budgetary Quote Number. FM030623APS876189 3/6/2013 State Contract#: DIR-SDD-1014 Microsoft Part# Product Desription 9H5 -00015 WinCSL ALNG SubsVL MVL PerDvc UT6-00005 Off365PE3 ShrdSvr ALNG SubsVL MVL PerUsr Total POs and payments should be made to Dell Marketing L.P. Unit Price $60.45 $25830 EXPIRES: 6/1/2013 C111 Totals 100 $6,045.00 100 $25,830-00 MOO $0,00 $31,875.00 Quote Prepared By: Fritzi Mulkey EIOfB? Quote Prepared For Jesse Carmona City of Corpus Christi 1201 Leopard Corpus Christi, TX 78401 Phone: 361.826.3765 jessecar@bcctexas.com eQuote - Kaspersky Security for Virtual ization - 3 Year eQuote eQuote Number: 834 Payment Terms: Net 30 days Expiration Date: 05/31/2013 Quote Prepared By John Jackman Intelek Technologies 901 Wall St Norman, OK 73069 -6342 Phone: (405) 364-5473 Fax:(405) 364 -0910 jjackntan@intelektechnologies. com ITEM# QUANTITY ITEM NAME UNIT PRICE EXTENDED PRICE i One -Time Items 1) 100 NF1339 $23.17 $2,317.00 Kaspersky Security for Virtualization - Desktop - 3 Year One -Time Total $2,317.00 Comment: SubTotal $2,317.00 Total $2,317.00 Authorizing Signature Date Contact usabout our new leasing options! Intelek Technlogies Ordering & Payment Procedures' Orders may be processed via telephone, fax, or email to: Intelek Technologies. 901 Wall Street . Norman, OK 73069 -6342 Phone: (800)353 -3696 . Fax: (405)364- 0910' Intel ek Technologies Accepts Company Purchase Orders, Visa, Mastercard, American Express, and Discover.' Purchase Orders (Net 30)- New Customers Must Send Credit Referencesand Company Purchase Ordersmust be faxed to: (405)364 -0910' Federal Tax ID # 73- 1492037 Interest Chargeson Past Due Accountsand Collection Costs Overdue amountsshall be subject to a monthly finance charge. In addition, customer shall reimburse all costsand expensesfor attorney'sfees incurred in collecting any amountspast due. Additional training or Professional Servicescan be provided at our standard rates https: / /vAf5.autotask net/opportunity /q uotes /vievvq uote.asp ?ci = 501364& DateFormat = M M /dd /yyW &N umFormat= X,X)(X.)(X &displ ayType= eQuote &eq uoteid= 14762... 1/1 AGENDA MEMORANDUM R First Reading Ordinance for the City Council Meeting of May 14, 2013 asst Second Reading Ordinance for the City Council Meeting of May 28, 2013 DATE: April 19, 2013 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha @cctexas.com (361) 826 -3932 Acceptance of a grant from the Coastal Bend Regional Advisory Council in the amount of $2,847.28 to support the Emergency Medical Service (EMS) operation. CAPTION Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,847.28 to be used for the purchase of supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department; and appropriating $2,847.28 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department PURPOSE: The Costal Bend Regional Advisory Council on Trauma (RAC) has forwarded to the City a check as a grant in the amount of $2,847.28. This is a direct grant for the benefit of the City's Emergency Medical Service (EMS) operations. No application was required. The EMS Division will purchase twenty -eight EZ -10 needles at $100.00 each to stock them on the Medical Units. This is the thirteenth year the Coastal Bend Regional Advisory Council has distributed similar grants. These funds originated from the Texas Department of State Health Services and are routed to the Coastal Regional Advisory Council for distribution. Every Emergency Medical Services agency within the twelve county Coastal Bend who is actively participating in the RAC is eligible to receive a portion of these monies. The amount of funding to be received by each agency is based on the number of trauma emergencies the agency responds to on an annual basis. ALTERNATIVES If we don't accept the grant, we will have to seek alternative funding. OTHER CONSIDERATIONS None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate grant funds. EMERGENCY 1 NON - EMERGENCY: Staff is requesting a non - emergency reading to this routine, non - controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget. 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 1 Expended Amount This item $2,847.28 $2,847.28 BALANCE $2,847.28 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance Ordinance Authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2,847.28 to be used for the purchase of supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department; and appropriating $2,847.28 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $2847.28 to be used for the purchase of supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. SECTION 2. That $2,847.28 is appropriated in the No. 1062 Fire Grant Fund to purchase supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. 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 AGENDA MEMORANDUM R First Reading Ordinance for the City Council Meeting of May 14, 2013 Second Reading Ordinance for the City Council Meeting of May 28, 2013 DATE: April 19, 2013 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha @cctexas.com (361) 826 -3932 Acceptance of a grant from the Coastal Bend Regional Advisory Council in the amount of $40,000 to support the Web Based Emergency Operations Center (WebEOC). CAPTION Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $40,000 for the benefit of the City's Web Based Emergency Operations Center (WebEOC); and appropriating $40,000 from the Coastal Bend Regional Advisory Council into the 1062 Fire Grant Fund to purchase equipment, services, technical support, training and travel for the Corpus Christi Fire Department's WebEOC. PURPOSE: The grant will be used to support the WebEOC. BACKGROUND AND FINDINGS The Coastal Bend Regional Advisory Council (RAC) has forwarded to the City a check as a grant in the amount of $40,000. This is a direct grant for the benefit of the City's WebEOC operations. No application was required. The Office of Emergency Management (EOC) will use the funds to purchase equipment, technical support, training and travel. This is the thirteenth year that the Coastal Bend Regional Advisory Council has distributed similar grants to the Corpus Christi Fire Department. These funds originate from the Texas Department of State Health Services and are routed to the Regional Advisory Council for distribution. ALTERNATIVES If we don't accept the grant, we will have to seek alternative funding. OTHER CONSIDERATIONS None CONFORMITY TO CITY POLICY Council approval of Ordinance to accept and appropriate grant funds. EMERGENCY INON- EMERGENCY Staff is requesting a non - emergency reading to this routine, non - controversial item. DEPARTMENTAL CLEARANCES Legal Finance — Grants and Office of Management and Budget. FINANCIAL IMPACT Operating Expense Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item $40,000 $40,400 BALANCE $40,000 Fund(s): Comments: None RECOMMENDATION Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS 1) Ordinance Ordinance Authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $40,000 for the benefit of the City's WebEOC operations; and appropriating $40,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support, training, and travel for the Corpus Christi Fire Department's WebEOC BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from a grant from the Coastal Bend Regional Advisory Council in the amount of $40,000 for the benefit of the City's WebEOC operations. SECTION 2. That $40,000 is appropriated in the No. 1062 Fire Grant Fund to purchase equipment, services, technical support ,training, and travel for the Corpus Christi Fire Department's WebEOC. 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 Leaf Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 14, 2013 Second Reading Ordinance for the City Council Meeting of May 28, 2013 DATE: 5/2/2013 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health AnnetteR @cctexas.com 361 --826 -7203 Allowing Dogs in Outdoor Dining Areas CAPTION Ordinance amending Chapter 19, Code of Ordinances, City of Corpus Christi, regarding a variance of Section 19 -15 which allows for dogs in outdoor dining areas of food establishments and the accompanying application and variance certificate fee; providing for penalties; providing for severance; and providing for publication. PURPOSE: The Corpus Christi Nueces County Public Health District is proposing to provide a variance certification for food establishments seeking to allow dogs in outdoor eating areas. BACKGROUND AND FINDINGS Many cities are allowing food establishments to have designated areas that allow dogs to accompany their owners when dining in an outside dining area of a restaurant. This allows for a more animal friendly environment in our community. We are requesting an amendment for a variance to allow food establishments that have outside dining areas, to request a variance certificate from the Health District if interested in allowing dogs in their outdoor dining facility. The Health District will provide a variance certificate application for food establishments seeking approval to allow dogs in an outdoor dining area. ALTERNATIVES Without this variance certificate, the state laws will stay in affect, dogs will not be able to accompany their owners to any dining areas. OTHER CONSIDERATIONS Not applicable CONFORMITY TO CITY POLICY Council approval required for acceptance of this ordinance EMERGENCY / NON - EMERGENCY Non - Emergency DEPARTMENTALCLEARANCES Corpus Christi- Nueces County Public Health District Legal FINANCIAL IMPACT © Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP onl Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: No matching funds required. RECOMMENDATION Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS Ordinance Ordinance amending Chapter 19, Code of Ordinances, City of Corpus Christi, regarding a variance of Section 19 -15 which allows for dogs in outdoor dining areas of food establishments and the accompanying application and variance certificate fee; providing for penalties; providing for severance; and providing for publication. Whereas, the City of Corpus Christi currently prohibits any live animal or fowl to be allowed in any food establishment; Whereas, the City of Corpus Christi seeks to be a more "animal friendly" community by providing a procedure whereby a variance to the prohibition of dogs in outdoor dining areas of food establishments may be obtained. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. Chapter 19, Code of Ordinances, City of Corpus Christi, entitled, "Food and Food Establishments ", Section 19 -15 entitled "Animals and fowl prohibited; exception" is amended by revising the title of the section, revising subsection (a) and adding subsection (f) to read as follows: "Sec. 19 -15. - Animals and fowl prohibited; exception and variance for food establishments seeking to allow dogs in outdoor dining areas "(a) No live animal or fowl shall be allowed in any food establishment nor shall the operator which includes for the purposes of this section, an owner, officer, manager, or other person in charge of the food establishment, ef� keep or maintain any animal or fowl within thirty -five (35) feet of any door, window, ventilator or other opening in such establishment unless an exception is provided for in this section or a variance is obtained in accordance with this section to allow dogs in outdoor dining areas. "(b) No food establishment may be operated within five hundred (500) feet of an existing commercial animal establishment, animal hospital, or veterinary hospital that houses animals. "(c) Exception: This section shall not apply to any seeing -eye dog used to assist a blind person. "(d) Exception: Subsection (b) of this section does not apply to circus, rodeo, temporary petting zoo, or temporary performing animal exhibition or a vendor. "(e) Lawfully existing food establishments and food establishments in newly annexed area. Where any existing food establishment is situated within less than five hundred (500) feet of an existing, appropriately licensed or permitted commercial animal establishment, animal hospital, or veterinary hospital that houses animals either within the city or at a location outside the city limits, which location becomes a part of and within the boundaries of the incorporated area of the city by annexation, the distance limitation in subsection (b) of this section does not apply for a period of five (5) years from and after the passage of this amended section or the date of annexation, respectively. Extensions of this exemption may be obtained for successive five -year periods by applying for and obtaining a certificate from the city health officer certifying to the existence of sanitary conditions of the premises and neighboring premises. "(f) Variance for food establishments seeking to allow dogs in outdoor dinin areas. "(1) A food establishment may apply to the local health officer for a variance of subsection (a) of this section for the purpose of allowing dogs in outdoor dining areas of the food establishment. The application for variance must be accompanied by a nonrefundable application fee of fifty ($50.00) dollars. A food establishment requesting a variance must provide the following information to the local health officer who may grant a variance if in the opinion of the health officer a health hazard will not result from the variance. If the local health officer grants a variance, the health authority shall retain the information in its records. "a. A statement that the food establishment requests a variance from X19 -15 (a) of the Code of Ordinances, City of Corpus Christi, for the purpose of allowing dogs in outdoor dining areas of the food establishment; "b. A description of how potential health hazards will be prevented if the variance is granted. "(2) The fee for a variance certificate evidencing the variance granted under this section is fifty ($50.00) dollars, which must be paid prior to the issuance of the variance certificate and may be renewed annually by a food establishment upon payment of an annual fee. The variance certificate is nontransferable and will be valid for one (1) year ending December 31, unless sooner revoked or suspended by the local health officer or terminated by the food establishment. "(3) If pursuant to this section the local health officer grants a variance to subsection (a) of this section for the purpose of allowing dogs in an outdoor dining area of a food establishment, the food establishment shall comply with the following conditions and standards in addition to any other conditions and standards established by the Health Officer for the variance: "a. No dog may be present inside the food establishment or on a Playground area of the food establishment at any time. "b. A separate entrance must be provided from the outside of the food establishment to the outdoor dining area or patio (hereafter "patio ") so that a dog will have direct access to the patio without entering the interior of the food establishment or any playground area of the food establishment. A dog on an outdoor patio may not be allowed within seven (7) feet of any entrance to the interior of the food establishment, except when necessary to enter or exit the patio. "c. A sign must be posted at the front entrance of the food establishment so that it is easily visible to the public. The sign must state: "DOG FRIENDLY PATIO. (with an arrow showing the direction to the patio entrance) DOG ACCESS ONLY THROUGH PATIO AREA." "d. Doors equipped with self - closing devices must be provided at all entrances to the outdoor patio from the interior of the food establishment. "e. No food preparation may be performed in the outdoor patio area. 'T The food establishment shall have hand sanitizer available at or near all entrances and exits to the establishment; and bags for dog waste available at or near all entrances and exits to the outdoor patio area. "g. The outdoor patio must be continuously maintained free of visible dog hair, dog dander, and other dog- related waste or debris. The outdoor patio must be cleaned with animal friendly chemicals at the beginning of each shift during which food or beverages will be served (breakfast, lunch, dinner, or late- hours), or, if a food establishment has continuous food or beverage service without designated shifts, then every six (6) hours that the establishment is open for business, except that cleaning under this subsection is not required if no dog has been present on the outdoor patio since the last cleaning. Waste created from a dog's bodily functions must be cleaned up by the dog owner and /or customer with dog on patio immediately after each occurrence. All dog waste must be disposed of outside of the food establishment in an appropriate waste receptacle. Equipment used to clean the outdoor patio must be kept outside of the food establishment. "h. While on duty, food establishment staff may not pet or have contact with any dog. "i. A dog must be kept on a leash and remain in the control of the customer while in the outdoor patio area. The dog must be currently vaccinated for rabies and wearing a collar or harness with a current license taa attached to it. " A dog is not allowed on a seat, table, countertop, or similar surface in the outdoor patio area. "k. A dog is not allowed to have contact with any dishes or utensils used for food service or preparation at the food establishment. 'T A dog may be fed doggie treats, doggie biscuits and edible treats while in the outdoor patio area and may be given treats, biscuits or water in a disposable container or from a container provided by the customer. "(4) An operator, which includes for purposes of this section, owner, officer, manager, or other person in charge of a food establishment commits an offense if he, either personally or through an employee or aaent. violates. allows a violation of. or fails to comply with a term or condition of a variance granted under this section. "(5) A food establishment granted a variance under this section shall comply with all other applicable federal, and state laws and regulations including the Texas Food Establishment Rules, and the local provisions of this chapter and the Code of Ordinances of the City of Corpus Christi." Section 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable in accordance with Chapter 19, specifically Section 19 -58 and any other applicable provision of the Code of Ordinances, City of Corpus Christi. Section 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Section 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 7 2013 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 , 2013 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Colleen McIntyre Lillian Riojas Mark Scott day of , 2013. Nelda Martinez Mayor 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of May 14, 2013 1852 Second Reading for the City Council Meeting of May 28, 2013 DATE: April 25, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Renewal of lease with Padre Little League for baseball field CAPTION Ordinance authorizing the City Manager or designee to execute a five -year Lease Agreement with Padre Little League for the use of Bill Witt Park for its baseball program. PURPOSE: Renew the lease for field used by Padre Little League at Bill Witt Park for five - years. BACKGROUND AND FINDINGS Padre Little League currently holds a lease to operate a youth baseball league at field located in Bill Witt Park. The league is requesting a renewal of the lease for a five —year period. ALTERNATIVES Do not approve the lease agreement. OTHER CONSIDERATIONS Not applicable CONFORMITY TO CITY POLICY City Council approval is required to renew the Lease for Padre Little League Baseball located at Bill Witt Park. EMERGENCY / NON - 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 / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION Staff recommends approval of the lease with Padre Little League. LIST OF SUPPORTING DOCUMENTS Ordinance, Lease with exhibits Ordinance authorizing the City Manager or designee to execute a five -year Lease Agreement with Padre Little League for the use of Bill Witt Park for its baseball program. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or designee is authorized to execute a five -year Lease Agreement with Padre Little League for the use of Bill Witt Park 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 1 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of 1 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott day of , Nelda Martinez Mayor LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND PADRE LITTLE LEAGUE This lease agreement ( "Lease ") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ( "City "), acting through its duly authorized City Manager or designee ( "City Manager "), and Padre Little League, Inc. ( "Lessee "), a Texas nonprofit corporation, acting through its duly authorized President of Lessee. WHEREAS, the City owns property described on the attached Exhibits A and B, which said property is located in Corpus Christi, Nueces County, Texas, known as the "Premises "; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit A; and WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term Subject to the remaining terms and conditions hereof, the original term of this Lease is as described on the attached exhibit, beginning on day of final City Council approval, ( "Effective Date ") which is , unless sooner terminated as set out herein. Section 2. Contact Person /Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director of Parks and Recreation or designee ( "Director "). Section 3. Premises and Improvements. City leases to Lessee the Premises, as described and delineated in Exhibit B the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ( "Improvements ") including, without limitation, any buildings, lighting, the fields, fences, irrigation systems, and the grassed areas. Section 4. Consideration Padre Little League must operate the program described on ExhibitA and must maintain the Premises and all Improvements on a year -round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this tease. At a minimum, maintenance includes: (A) Padre Little League shall pick up and properly dispose of litter on a daily basis wheneverthe Premises are being used and weekly during the rest of the year. (B) Padre Little League shall keep fully operational and in good repair the Premises and Improvements. City has no responsibility for maintenance or repair to the Premises and Improvements. (C) Padre Little League must immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas. However, the City has no responsibility to repair or replace any damages to Premises and Improvements caused by vandalism or caused by any other reason. (D) Padre Little League shall ensure that parking is confined to on- street parking only, or designated parking lots but no parking is to be allowed on grass. All motor vehicles must be restricted to the designated parking lot area. (E) Padre Little League will provide normal, scheduled mowing of the Premises. Padre Little League will be responsible for maintaining the fields as set out in herein below. Furthermore, Padre Little League will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe height not to exceed six (6) inches; (F) Padre Little League shall maintain the fields within the Premises boundary lines. Grass on the fields must not exceed three (3) inches. Padre Little League must mow the fields within one (1) week after grass reaches three (3) inches in height. At least one month prior to the start of any season or pre - season practice, the fields must be gradually out shorter and brought into playing condition. Failure to keep the grass on the fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease; Padre Little League shall throw Winterize (fertilizer with nutrients) on the fields before first cold front each year. In February and September, Padre Little League shall throw iron on the fields to make the grass green. The Winterize, Weed and feed, and iron shall be purchased by the Padre Little League. (G) If Padre Little League utilizes goal posts on the Premises, Padre Little League shall maintain a secure anchoring system on all goal posts used on the fields at Premises. Padre Little League must repair any deficiency found in the anchoring system that impairs the safe use of the anchoring system within forty -eight (48) hours after the need for repair is or should have been discovered; Padre Little League shall not allow use of the Premises until the anchoring system is repaired; (H) Padre Little League is responsible for proper installation and use of all equipment and improvements at Premises; (1) Padre Little League must maintain First Aid kit on Premises; (J) Padre tittle League shall complete and submit the attached Exhibit D, Standard of Maintenance to the Director no later than March 1 and again August 1 of each year. Section 6. Compliance with Maintenance Standards The City Manager and the Director, or their respective designee, has the right to inspect the Premises and /or the Improvements at any time during the term of this Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or designee, may provide written notice to Lessee demanding compliance, and also assessing fee of $250. If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10 %) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee for Lessee's nonperformance of the maintenance. Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at least one family member of each youth participant (less than 18 years of age) shall complete a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. Section 7. Back round Checks. Lessee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. Section 8. Assignment and Sublease This Lease may not be, in whole or in part, assigned, directly or indirectly, without the prior written consent of the City. This Lease maybe sublet only with the prior written consent of the Director. Requests to sublet the premises must be submitted to the Director at least 30 days in advance. Any tournament or activity allowed to take place by Lessee at the Premises shall be the responsibility of Lessee to indemnify and insure in accordance with this agreement. Section 9. Securina /Anchoring of Goal Posts. Lessee acknowledges and covenants that Lessee shall be responsible, during the term of this Lease, for maintaining the anchoring system, as set out in Section 4 above. Any change, alteration, or modification to the anchoring system during the term of this Lease must be submitted to Director, in writing, prior to the change, alteration or modification being made. Section 10. Understandine Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 11. Joint Use (A) City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for Lessee's sport program purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. (B) City retains the right to use or cross the Premises with utility lines and /or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and /or any Improvements from installing, maintaining, repairing, or removing the utility lines and /or easements. City must use reasonable judgment in locating the utility lines and /or easements to minimize damage to the Premises and /or its Improvements. Section 12. Primary Purpose Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a sports program described on attached Exhibit A and for no other purpose without the Director's prior written approval. Lessee's fundraising activities on Premises require Director's prior written approval. Lessee's insurance must provide coverage in compliance with Section 22 for the type of fundraising activity being proposed by Lessee. Section 13. Construction (A) No construction or modifications may be made at the Premises, and no drilling, excavation, or penetration of the soil surface may be conducted at the Premises without the prior written approval of the City Director. Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of Citywithout necessity of any legal action. Section 14. Utilities Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Lessee must adhere to applicable water conservation standards. In an effort to ensure that fields are maintained In accordance with City standards, the City shall not charge Lessee for water used by Lessee to maintain the fields, up to maximum number of gallons set by Director of Parks and Recreation for each calendar year. Section 15. Signs 3 (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 16. Advertisinm The Director has the right to prohibit any advertising by Lessee on Premises which impairs the reputation of the Premises or the City. Section 17. Securi . Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 18. Non - Discrimination Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Manager; or his designee, retains the right to take such action as the United States may direct to enforce this non- discrimination covenant. Section 19. Compliance with Laws (A) Lessee must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. Section 20. Costs Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and expenses, including reasonable attorneys' fees. Section 21. Indemnity. Lessee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, Indemnitors) covenant to fully indemnify, save, and hold harmless the City, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims, or property loss or damage of any kind whatsoever, to the extent any damage or injury may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, ormisconducf on the part of any persons having involvement in, participation with, or business with the Premises, Lessee, or the Lessee's sport program whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's invitees) entering upon the 4 Premises or its Improvements pursuant to this Lease, or trespassers entering upon the Premises or Its Improvements during Lessee's use orphysical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant Including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation bylndemnitees or any them ofany law, rule, regulation, ordinance, or government order of any kind, . and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident. Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to lndemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 22. Insurance (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit C, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit C constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit C, to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Lease. Section 23. No debts Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 24. Termination. (A) The City Manager may immediately terminate this Lease for cause and without penalty if the City Manager determines, in his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit A. (B) In addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion that Lessee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. (C) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the defauit(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and listing one or more areas of continued noncompliance. (D) Either City Manager or Lessee may terminate this Lease without cause without penalty by giving thirty (30) days written notice to the non - terminating party. (E) Lessee's property must be removed from the Premises upon date of termination. If it is not removed by Lessee, then City may retain property for City purposes, or City may dispose of the property in any manner deemed appropriate by Director and lessee shall pay City's costs for disposal. Section 26. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO CITY IF TO LESSEE City of Corpus Christi Name and address on Exhibit A Attn: Director of Park & Recreation .P. O. Box 9277 Corpus Christi, TX 78469 -9277 Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 26. List of Current Officers and Board of Directors and Bylaws. Lessee must submit its current List of Officers and Board of Directors (List) to the Director by.each January 31 of each year of this Lease. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Lessee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Lessee must provide Director with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. Section 27. Reporting. Lessee shall submit reports listing the number of youth and teams registered by Lessee to play sports each year during the term of this Lease. The reports must be submitted to the Director within two weeks after the start of Lessee's season. Section 28. Construction and Reconstruction Funds (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. (B) Lessee has no action for damages against nor will be compensated by the City for loss of use of the Premises and/or Improvements. The City has no obligation to provide an alternate location for Lessee during the Improvements construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is the City's construction or reconstruction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is complete, the Directorwill notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to Lessee. 6 (D) Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 29. Amendments. No alterations, changes, or modifications of the terms of this Lease, nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 3A. Waiver (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Section 31. Force Maieure No party to this Lease will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 32. publication Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 33. CaRt ions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 34. Severability (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, 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 Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. III (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present orfuture law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 36. Sions at Premises Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 826 -3469 and speak to Athletic Manager or Assistant Manager regarding any complaints or concerns (A) Lessee must post and maintain a sign with sportsmanship policies and possible consequences for non - compliance with policies. (B) Lessee must post and maintain appropriate sings to indicate ADA parking. (C) Lessee must post and maintain signs to indicate restricted parking areas and also that No Parking on grass is permitted. (D) Lessee must post and maintain signs to indicate Maintenance area(s). (E) Less must post Health permits at the concession areas. (F) Lessee must store food handler cards on file at the Premises. (G) Lessee must promptly replace or repair any damaged or missing signage. Section 36. Entirety Clause This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2013. ATTEST: Armando Chapa, City Secretary CITY OF CORPUS CHRISTI Ronald L. Olson, City Manager LESSEE: Padre le League, Inc. By: cQ President Printed Name Lv t 5 e, CIS Date: STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on D , 2013, by �r1lS/ 7,P,E0,17 President of corporation. Padre Little League, Inc, on behalf of said Texas nonprofit OKI ary Public, St to of Texas Printed name: YAWN �- 1 Z'6e&4 Commission expires: ` a ' �!�r��y 'ti os ! -� �l+ Nb is HOLLAND a' sorh,i *,r' ��yCommisslontE plreses �; December 23, 2018 EXHIBIT A Property Description: see attached exhibits Term: Five Years from date of City Council final approval Program to be operated by Lessee: Baseball League Notice Address for Lessee: Padre Little League Attn: President P. O. Box 72301 Corpus Christi, Texas 78472 -2301 10 PAGM LITRE • 0MIOR LFAQLE NAMM L FrInue Ep gCi7,0 6CL rT.1 � • 71f.H � s ff'17'■7' L = 511.1! *r is OMM T F v" W4' I" WARINGS ARB WITH FE1r1NEt4L8 To " OgD iionAO IO D CL p IFK AUGLOT 1972 AND FILM A9 CITY RIGHT -W MAP 0007. PdlM GRILL HOLE 1. Ra■■eu D. aces, Ae■/atered Rroteaslaaal Land r saroror. Yersby certlrr that the fereaah■ m ap w■■ prepared trous a ewirra7 m ade y dear tae =round order 10 1 dlracelow. This tYe dam of ?fSICVl1Y soot' pxlaell D. QcMa FO" CAILL HOLE state at Trans Lie. 9.941 FOUND 117 IRON FM ■ ■ ■ r ■ i.■wl�rrrN EXHIBIT B ASPW .T a aowa�Re PAlKIND 90Ni" "P" Pop WANOR V01 M FOOT57ALL CORPW CWTSTI UNITID L.]TnA MISS KI CKMA e �PTJ r OPAW LM 3' SP. 4 Q � u- RUSSELI. '� °T 5241 ��,u �1 '�^ FI:SStiO�•' � r BEING 13.520 ACHES OF. LAND OUT OF THAT CERTAIN PADRE LITTLE AND CITY o 135.22 ACRE TRACT CONVEYED TO THE CITY OF CORPUS SENIOR LEAGUE HALLEIELDS CHRISTI, TEXAS. COMMONLY KNOWN AS 0ML WITT PARK AND DESCRIBED IN DEED RECORDED IN VOLUME LEASE OUT OF 1708. PAGE 95 OF THE DEED RECORDS OF NIECES SILL WITT PARK COUNTY, TEXAS. A ND BEING OUT OF SECTYON 21 OF THE ' °# F " N " S ' ■ °n ` FLOUR �1 BLUFF AND ENCINAL FARM & GARD TRACTS, Burvey At eavlsr 0i RECORDED IN VOLUME A, PAGES 41 -43 OF THE MAP Onto: Pape moo? --1— t::�� RECORDS OF NIECES_ COUNT I F11k COMPUi crauTJ a * MAT BILL WITT PARR D W911ir T ■ 114.11' L p 11!.41 r--X +i (3 i T O STATE OF TEX" COUNTY OF NUECES C BRING A 13.520 ACRE TRAClr OF LAND, OUT OF TEAT CERTAIN 135.22 ACRR TRACT, CONVEYED TO THE CITY OF CORPUS CHRISTI, T=hS, CCIMONLY KHOW AS SILL WITT BARK )1ND DESCRIBED IN D=W RECORDED IN VOLUME 1709, PA= 95, OF THE b RECORDS OF NUECZ$ COMM, . TXXAS, WINe OUT OF MD SXTUATED IN F SVCTION 21, OF THE FLOUR BLUFF & LMCINAL FARM & 4ARDEN TRACTS, A HRP OF WHICH IS RECORDED IN VOLX= A, %AGES 41 THRU 43, OF N" RECORDS OF NUEC$a COUNTY, TEXAS, AND BEING MORE PARTICULARLY ESCRIBED BY RTES AND BOUNDS AS FOLUMS ; COMMENCING at a 518" Iron R, Found,. on the southwesterly boundary line of Bill Witt Pads, being an angle point there , THENCE, North 47 19 00" Wet along the southwesterly boundary line of said Bill Witt Paris, a distance of 322.84 feet, �o a Paint; THENCE, North 42" 41'00" East through said Bill Witt Park, a distance of 118.37 feet, to the Point of Beginning of this t act, being a southwesterly comer of this tract; THENCE, North 40" 34 32" West, a distance of 67.05 feet, to a Point, being a southwest comer of this tract; THENCE, North 12 27' 28" Easy, a distance of 656.57 feet, to a Point on the beginning of a curve to the right having a radius of 335.02 feet; THENCE, along sold curve to the right having a radius of 335.02 feet, central angle of 89 51' 22 ", a tangent length of $34.18 feet, and an arc length of 525.41' to a Point; THENCE, South 77° 41' 10" East, a distance of-53.76 feet to a Point on the beginning of a curve to the right having a radius of 335.00 feet; THENCE, along said curve to thie right having a radius of 335.00 feet, central angle of 89".47' 03 ", a tangent length of $33.74 feet, and an arc length of 524.95' to a Point; THENCE, South 12° 05'53" West, a distance of 173.82 feet, to a Point, being a southeasterly comer of this tract; THENCE, South 46 32' 09" WgBt, a distance of 511.66 feet, to a Point, being a southeasterly comer of this tract; THENCE, South 67 40' 07" Wost, a distance of 387.78 feet to the POINT AND PLACE OF BEGINNING and containing 13.520 acres of land. State of Texas County of Nueces 1, Russell Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey made on t round under my direction. : This the le day f February, P. %ST Y ry, X002. �,'�. �� �*,0.9�, Russell D. Ochs EXHIBIT C INSURANCE REQUIREMENTS LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this Lease until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for 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, non - renewal, Bossily Injury and Property Damage material change or termination is required on all Per occurrence I aggregate certificates. Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". ".In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations ". • At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is required. B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1.13 (1) -(7), an authorized representative of the insurance company must include a letter specifically stating whether items I.B. (1) -(7) are included or excluded. 12 EXHIBIT D STANDARD OF MAINTENANCE SPORT FIELD LEASE CHECKLIST Due March 1 and August 1 each year of the Lease SITE: INSPECTOR: ADDRESS: Date of Inspection: League President Signature League President Printed Name: All Leagues must complete this self - inspection checklist form twice each year. Due date will be March 1 and again August 1 of each year of the lease. Each league is responsible for their self inspection. If the inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline (March 1 and August 1) each year of the lease, the League will be assessed a fee of $250.00 per site for each inspection the City performs. Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. SKINNED AREAS Yes No [ ] [ ] 1. The soil is too loose to provide good running traction. 2. The soil surface is not loose enough around sliding zones for safe sliding. [ ] [ ] 3. The soil is too abrasive for safe sliding. [ ] (] 4. The soil is too compacted to provide good drainage. [ ] [ ] 5. Running paths and sliding zones near bases have become worn and need to be leveled off. [ j [ ] 6. Batter's box and home plate areas have become worn and need to be reconditioned. [ ] [ ] 7. Pitcher's mound has become worn and needs to be reconditioned. [ ] [ ] 8. The skinned area has low spots, holes, or is not level and should be dragged/re-graded. [ ] [ ] 9. There is a hazardous soil buildup (lip) between the skinned area and the turf. [ ] [ ] 10. The skinned area has unsafe wet spots and/or puddles. 13 [ ] [ ] 11. When moist, the skinned area is too sticky and adheres to shoes. [ ] [ ] 12. Coach's box is not level with surrounding area. [ ] [ ] 13. Coach's box is excessively hard. COMMENTS PITCHER'S MOUND Yes No [ ] [ } 1. The mound does not conform to league requirements. [ ] [ ] 2. Platform area behind the rubber is not large enough. [ } [ ] 3. "Push off" and "landing" areas are not constructed with specialized clay. [ ] [ ] 4. "Push -off" and "landing" areas are dished out and need repair. [ ] [ ] 5. There is a hazardous soil buildup (lip) between the mound and the infield grass. COMMENTS PLAYING SURFACE: Yes No [ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [ ] [ ] 2. Litter and unsafe debris is scattered around the field and player /spectator areas. [ ] [ ] 3. The supply and location of waste cans is inadequate. [ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions. [ ] [ ] 5. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. 1111 6. Our facility does not comply with industry recommended field design 14 specifications. COMMENTS BASES AND ANCHORING: Yes No [ ] [ ] 1. The base coverings have unsafe rips or gouges. [ ] [ ] 2. The base framework or hardware is loose or damaged. [ ] [ ] 3. The base ground stake is unsafely protruding above the surface grade. [ ] [ ] 4. The base ground stake is out of alignment or not level with the surface. [ ] [ ] 5. The base ground stake is not firmly secured in its concrete footing. [ ] [ ] 6. The base, ground stake and its footing are not installed according to the manufacturer's requirement. [ ] [ ] T. The bases do not seat properly with the ground elevation or they are seated loosely. [ ] [ ] 8. The concrete footings have rounded edges and may twist out of place in the ground. [ ] [ ] 9. The surface of home plate is not level with the surrounding surface. [ ] [ ] 10. The surface of home plate is worn or irregular. [ ] [ ] 11. The pitcher's rubber is not level with the surrounding surface or is not secured safely into the ground. [ ] [ ] 12. The pitcher's rubber is showing unsafe wear or gouges. COMMENTS SIGNS Yes No [ ] [ ] 1. The signs are in good condition and properly installed. COMMENTS 15 FENCING Yes No [][] 2 . C][l 3. []C] 4. Fence posts are loose or improperly set in the ground. _ Fence posts are on the inside of the playing area fence. Concrete footings are exposed above ground. Fencing is not securely attached to the fence posts with loose or broken ties. [ ] [ ] 5. There are unsafe gaps under fencing. [ ] [ ] 6. There is no bottom tension wire or railing to secure the bottom of the fence. [ ] [ ] 7. There is not top railing to secure fence at the top. C ] [ ] 8. Wire ends of chain link fencing are exposed_ along the top. [ ] [ ] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. { ] [ ] 10. Gates are left open during games. { ] [ ] 11. There are unsafe gaps in the backstop or netting with worn out boards or fencing. [ ] [ ] 12. Backstop does not meet industry recommended specifications. [ ] [ ] 13. There is no warning track or warning track is in unsafe condition. COMMENTS TURF AREAS Yes No [ ] [ ] 1. There are unsafe bare spots in turf with a hard soil surface exposed. [ ] [ ] 2. The surface is uneven because of soil grade. [ ] { ] 3. Soil is too wet or drains poorly making an unsafe running surface. [][] surface. [l[l [][] [I[I []Cl 4. Turf is not uniform in texture, density, or height making an unsafe playing 5. Turf irrigation comes on during games. 6. Turf is not stable and "blow- outs" frequently occur. 7.Weeds are present with thorns, bristles, or burrs. B. Moles, gophers or other animals have caused mounds or holes. [ ] [ ] 9. Hazardous ruts occur on the field from mowing equipment or trenching. [ ] [ ] 10. Permanent materials used to mark foul lines (i.e., white boards or fire hose) 16 are protruding from the surface COMMENTS LIGHTING Yes No [ ] [] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [ ] [ ] 2. There are burned out lights. [ ] [ ] 3. The beam direction of the lights are out of adjustment. [ ] [ ] 4. The lighting grid pattern on the field is uneven or irregular. [ ] [ ] 5. The lighting foot - candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [ ] [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. 2. The guard rails are loose or missing. 3. The plank or railing end caps are loose or missing. 4. Wooden planks are worn out or splintered. 5. There are hazardous protrusions or sharp edges. _ COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [ ] [ ] 1. Skinned foul lines have become rutted and need to be reconditioned. [ ] [ ] 2. The chalking material used is irritating to the eyes. [ ] [ ] 3. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. 17 , 1 4 [ ] [ ] 4. There are no public telephones available for emergency situations. [ ] [ ] 5. Areas that are hazard_ ous or under repair have not been blocked off or identified. [ ] [ ] 6. There is currently no communication between the maintenance staff and the facility users. COMMENTS 18 0 AGENDA MEMORANDUM First Reading for the City Council Meeting of May 14, 2013 1852 Second Reading for the City Council Meeting of May 28, 2013 DATE: April 25, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Renewal of lease with Padre Youth Soccer league for soccer field CAPTION Ordinance authorizing the City Manager or designee to execute a five -year Lease Agreement with Padre Soccer League for the use of Bill Witt Park for its soccer program. PURPOSE: Renew the lease for field used by Padre Soccer League for five years. BACKGROUND AND FINDINGS Padre Soccer League currently holds a lease to operate a youth soccer league at the field located at Bill Witt Park. The league is requesting a renewal of the lease for a five -year period. ALTERNATIVES Do not approve the lease agreement. OTHER CONSIDERATIONS Not applicable CONFORMITY TO CITY POLICY City Council approval is required to renew the Lease for Padre Youth Soccer League located at Bill Witt Park. EMERGENCY / NON - 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 / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION Staff recommends approval of the lease with Padre Little League. LIST OF SUPPORTING DOCUMENTS Ordinance, Lease with exhibits Ordinance authorizing the City Manager or designee to execute a five -year Lease Agreement with Padre Soccer League for the use of Bill Witt Park for its soccer program. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or designee is authorized to execute a five -year Lease Agreement with Padre Soccer League for the use of Bill Witt Park for its soccer 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 1 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of 1 , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary Chad Magill Colleen McIntyre Lillian Riojas Mark Scott day of , Nelda Martinez Mayor LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND PADRESOCCERLEAGUE This lease agreement ( "Lease ") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ( "City "), acting through its duly authorized City Manager or designee ( "City Manager "), and Padre Soccer League ( "Lessee "), a Texas nonprofit association, acting through its duly authorized President of Lessee. WHEREAS, the City owns property described on the attached Exhibits A and B, which said property is located in Corpus Christi, Nueces County, Texas, known as the "Premises "; WHEREAS, the Lessee desires to use the Premises for program described on the attached Exhibit A; and WHEREAS, the City desires to allow Lessee to use the Premises for said program; NOW, THEREFORE, the City and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term Subject to the remaining terms and conditions hereof, the original term of this Lease is as described on the attached exhibit, beginning on day of final City Council approval, ( "Effective Date ") which is , unless sooner terminated as set out herein. Section 2. Contact Person /Lease Administrator For this Lease, the City's contact person and lease administrator is the Director of Parks and Recreation or designee ( "Director "). Section 3. Premises and Improvements City leases to Lessee the Premises, as described and delineated in Exhibit B the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ( "Improvements ") including, without limitation, any buildings, lighting, the fields, fences, irrigation systems, and the grassed areas. Section 4. Consideration Padre Soccer League must operate the program described on Exhibit A and must maintain the Premises and all Improvements on a year -round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Padre Soccer League shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year. (B) Padre Soccer League shall keep fully operational and in good repair the Premises and Improvements. City has no responsibility for maintenance or repair to the Premises and Improvements. (C) Padre Soccer League must immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department, Nueces County, Texas. However, the City has no responsibility to repair or replace any damages to Premises and Improvements caused by vandalism or caused by any other reason. (D) Padre Soccer League shall ensure that parking is confined to on- street parking only, or designated parking lots but no parking is to be allowed on grass. All motor vehicles must be restricted to the designated parking lot area. (E=) Padre Soccer League will provide normal, scheduled mowing of the Premises. Padre Soccer League will be responsible for maintaining the fields as set out in herein below. Furthermore, Padre Soccer League will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe height not to exceed six (6) inches; (F) Padre Soccer League shall maintain the fields within the Premises boundary lines. Grass on the fields must not exceed three (3) inches. Padre Soccer League must mow the fields within one (1) week after grass reaches three (3) inches in height. At least one month prior to the start of any season or pre - season practice, the fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease; Padre Soccer League shall throw Winterize (fertilizer with nutrients) on the fields before first cold front each year. In February and September, Padre Soccer League shall throw iron on the fields to make the grass green. The Winterize, Weed and feed, and iron shall be purchased by the Padre Soccer League. (G) If Padre Soccer League utilizes goal posts on the Premises, Padre Soccer League shall maintain a secure anchoring system on all goal posts used on the fields at Premises. Padre Soccer League must repair any deficiency found in the anchoring system that impairs the safe use of the anchoring system within forty -eight (48) hours after the need for repair is or should have been discovered; Padre Soccer League shall not allow use of the Premises until the anchoring system is repaired; (H) Padre Soccer league is responsible for proper installation and use of all equipment and improvements at Premises; (1) Padre Soccer League must maintain First Aid kit on Premises; (J) Padre Soccer League shall complete and submit the attached Exhibit D, Standard of Maintenance to the Director no later than March 1 and again August 1 of each year. Section_ S. Compliance with Maintenance Standards The City Manager and the Director, or their respective designee, has the right to inspect the Premises and/or the Improvements at any time during the term of this Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or designee, may provide written notice to Lessee demanding compliance, and also assessing fee of $250. If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10 %) overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the City's invoice for maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee for Lessee's nonperformance of the maintenance. Section 6. Sportsmanship Program. Lessee shall require that all of its coaches and at least one family member of each youth participant (less than 18 years of age) shall complete a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. Section 7. Background Checks. Lessee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. Section 8. Assignment and Sublease. This Lease may not be, in whole or in part, assigned, directly or indirectly, without the prior written consent of the City. This Lease maybe sublet only with the prior written consent of the Director. Requests to sublet the premises must be submitted to the Director at least 30 days in advance. Any tournament or activity allowed to take place by Lessee at the Premises shall be the responsibility of Lessee to indemnify and insure in accordance with this agreement. Section 8. Securing /Anchoring of Goal Posts. Lessee acknowledges and covenants that 2 Lessee shall be responsible, during the term of this Lease, for maintaining the anchoring system, as set out in Section 4 above. Any change, alteration, or modification to the anchoring system during the term of this Lease must be submitted to Director, in writing, prior to the change, alteration or modification being made. Section 10. Understanding Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 11. Joint Use (A) City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for Lessee's sport program purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. (B) City retains the right to use or cross the Premises with utility lines and/or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and /or any Improvements from installing, maintaining, repairing, or removing the utility lines and/or easements. City must use reasonable judgment in locating the utility lines and /or easements to minimize damage to the Premises and /or its Improvements. Section 12. Primary Purpose Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a sports program described on attached Exhibit A and for no other purpose without the Director's prior written approval. Lessee's fundraising activities on Premises require Director's prior written approval. Lessee's insurance must provide coverage in compliance with Section 22 for the type of fundraising activity being proposed by Lessee. Section 13. Construction (A) No construction or modifications may be made at the Premises, and no drilling, excavation, or penetration of the soil surface may be conducted at the Premises without the prior written approval of the City Director. Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved,, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of City without necessity of any legal action. Section 14. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Lessee must adhere to applicable water conservation standards. In an effort to ensure that fields are maintained In accordance with City standards, the City shall not charge Lessee for water used by Lessee to maintain the fields, up to maximum number of gallons set by Director of Parks and Recreation for each calendar year. 3 Section 16. Signs (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 16. Advertising The Director has the right to prohibit any advertising by Lessee on Premises which impairs the reputation of the Premises or the City. Section 17. Securi . Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 18. Non- Discrimination Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City Manager, or his designee, retains the right to take such action as the United States may direct to enforce this non - discrimination covenant. Section 19. Compliance with Laws. (A) Lessee must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. Section 20. Costs Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City or its agents. If the City undertakes legal action to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the City's court costs and expenses, including reasonable attorneys' fees. Section 21. Indemnity. Lessee, its officers, members, partners, employees, representatives, agents, andlicensees (collectively, Indemnitors) covenant to fullyindemnify, save, andhold harmless the City, its officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers compensation and death claims, orpropertyloss ordamage ofanykind whatsoever, to the extent any damage orinjury maybe incident to, arise out of, be causedby, orbe in any way connected with, either proximately or remotely, wholly or in part, (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee's sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of any persons having involvement in, participation with, or business with the Premises, Lessee, or the Lessee's sport program whether authorized with the express or 11 implied invitation or permission of Lessee (collectively, Lessee's Invitees) entering upon the Premises or its Improvements pursuant to this Lease, or trespassers entering upon the Premises or its Improvements during Lessee's use or physical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation by lndemnitees or any them of any law, rule, regulation, ordinance, or government order of any kind, and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident. Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with counsel satisfactory to lndemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Section 22. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit C, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit C constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit C, to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Lease. Section 23. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 24. Termination (A) The City Manager may immediately terminate this Lease for cause and without penalty if the City Manager determines, in his sole discretion, that Lessee is no longer fulfilling the primary purpose of the Lease as set out in Exhibit A. (B) in addition, the City Manager may immediately terminate this Lease for cause and without penalty if he determines, in its sole discretion that Lessee is in violation of any Federal, State, or local government law, rule, regulation, or ordinance. (C) Additionally, if there is noncompliance with one or more of the provisions contained herein, the Director may give Lessee written notice to cure or begin curing the default(s) within ten (10) days of receipt of the notice. if Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, the City Manager may terminate this Lease for cause without penalty by providing written notice of termination and 5 listing one or more areas of continued noncompliance. (D) Either City Manager or Lessee may terminate this Lease without cause without penalty by giving thirty (30) days written notice to the non - terminating party. (E) Lessee's property must be removed from the Premises upon date of termination. If it is not removed by Lessee, then City may retain property for City purposes, or City may dispose of the property in any manner deemed appropriate by Director and Lessee shall pay City's costs for disposal. Section 26. Notice All notices, demands, requests, or replies provided for or permitted, underthis Lease, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; or (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All such communications must only be made to the following: IF TO CITY IF TO LESSEE City of Corpus Christi Name and address on Exhibit A Attn: Director of Park & Recreation P. O. Box 9277 Corpus Christi, TX 78469 -9277 Either party may change the address to which notice is sent by using a method set out above. Lessee will notify the City of an address change within thirty (30) days after the address is changed. Section 26. List of Current Officers and Board of Directors, and Bylaws Lessee must submit its current List of Officers and Board of Directors (List) to the Director by each January 31 of each year of this Lease. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Lessee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Lessee must provide Directorwith copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. Section 27. Reporting Lessee shall submit reports listing the number of youth and teams registered by Lessee to play sports each year during the term of this Lease. The reports must be submitted to the Director within two weeks after the start of Lessee's season. Section 28. Construction and Reconstruction Funds. (A) If the City receives funds to construct or reconstruct Improvements at the Premises, Lessee covenants to vacate the Premises, should the Director deem it necessary, upon thirty (30) days written notice from the Director. (B) Lessee has no action for damages against nor will be compensated by the City for loss of use of the Premises and/or Improvements. The City has no obligation to provide an alternate location for Lessee during the Improvements construction or reconstruction period. The consideration for Lessee relinquishing all rights to use the Premises and Improvements during the construction or reconstruction period is the City's construction or reconstruction of the Improvements for Lessee's benefit. (C) Once construction or reconstruction of the Improvements is complete, the Director will notify Lessee, in writing, of the date on which the Premises and Improvements are once again available to C't Lessee. (D) Lessee's term will not change nor increase if the City requests Lessee to vacate the Premises as set out herein. Section 29. Amendments. No alterations, changes, or modifications of the terms of this Lease, nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 30. Waiver (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (C) If any action by the Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Section 31. Force M cure No party to this Lease will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 32. Publication Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. Section 33. Captions The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 34. Severability (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, orword of this Lease or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, 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 Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. 7 (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 35. Signs at Premises Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 826 -3461 and speak to Athletic Manager or Assistant Manager regarding any complaints or concerns (A) Lessee must post and maintain a sign with sportsmanship policies and possible consequences for non - compliance with policies. (B) Lessee must post and maintain appropriate sings to indicate ADA parking. (C) Lessee must post and maintain signs to indicate restricted parking areas and also that No Parking on grass is permitted. (D) Lessee must post and maintain signs to indicate Maintenance area(s). (E^) Less must post Health permits at the concession areas. (F) Lessee must store food handler cards on file at the Premises. (G) Lessee must promptly replace or repair any damaged or missing signage. Section 36, Entirety Clause This Lease and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease are expressly revoked, except for the promulgation of future maintenance rules as contemplated in Section 4 herein above, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and as relating to Lessee's use of the Premises. EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of 2013. ATTEST: Armando Chapa, City Secretary CITY OF CORPUS CHRISTI Ronald L. Olson, City Manager LESSEE: Padre Soccer League By: 0- x� et 1 President Printed Name: Date: 0 Z 4� - Q C'. Zda STATE OF TEXAS r COUNTY OF NUECES 1 This instrument was acknowledged before me on , 2013, by President of Padre Soccer League, on gehalf of s id Texas nonprofit association. Notary Public, 5 ate of Texas `14111P /// Printed name GL,g 4ANNIE HOLLAND Commission expires: / NotarY'Rvbilc, State of - texas MY Co?nmission Expires December 23, 2013 0 EXHIBIT A Property Description: Bill Witt Youth Soccer Complex Term: l=ive Years from date of'City Council final approval Program to be operated by Lessee: Soccer League Notice Address for Lessee: Padre Soccer League Attn: President P. O. Box 270453 Corpus Christi, Texas 78467 1.101 } Exhibit r3 pn S - 0 I or 3 \ rAM WcCZR Aft e BILL IMT`f PARK WWrLAN t�� N� 4 1 r r r r r HV�1t I iwRr mat r �� PokiwAMmadim EXHIBIT 6 REVISED 10/2001 ( 0G5e 2 oe 3 ) STATE OF TEXAS COUNTY OF NIECES BEING A 34.47 ACRE TRACT OF LAND, OUT OF THAT CERTAIN 136,22 ACRE TRACT, CONVEYED TO THE CITY OF CORPUS CHRISTI, TEXAS, COMANONLY KNOWN AS BILL WITT PARK AND DESCRIBED IN DEED RECORDED IN VOLUME 7709, PAGE 96, OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, BEING} OUT OF AND SITUATED IN SECTION 21, OF THE FLOUR FLUFF S IENC1Q, FARM IL GARDEN TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME A, PAGES 41 TNRU 43, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING at a 1" iron pipe, found, on the southwest boundary line of a 100.00 foot wide road, known as Yorktown Boulevard, at it's Intersection with the northwest boundary line of said Bill Witt Park, for the north comer of this tract; THENCE, South 81 17'30" East, parallel with and 50.00 feet distant therefrom, measured at tight angles thereto, the centerline of said Yorktown Boulevard, a distance of 1,412.83 feet, to a 518" iron rod, set, for the most northerly east comer of this tract; THENCE, South 07° 19'54" East, a distance of 164.48 feet, to 'a 518" concrete nail and disk, set, for the most easterly comer of this tract; THENCE, South 28° 37' S3" West, a distance of 884.14 feet, to a 518" Iron rod, set, for the south comer of this tract; THENCE, North 61 ° 24' 00" West. a distance of 1,510.95 feet, to a 518" iron rod, set, at it's Intersection with the northwest boundary line of aforementioned pill Witt Park, for the west corner of this tract; THENCE. with said northwest boundary line of Bill Witt Park, North 28 43' 08" East, a distance of 1000.00 feet to the POINT AND PLACE OF BEGINNING and containing 34.47 acres of land. State of Texas County of Nuaces 1, Russell Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey mado on the ground under my direction. OFj Th the 13 day of August, 2001• P C, ST�pE�' .......... : ... Russell D. Ocher State of Texas license No. 5,241 ` ,4)SUh EXHIBIT B, REVISED 14/2401 SET fii7V AGIR POINT ar 401WIA0 MAD N 28'41' E 1000.00' of 1, Russell 1]. Ochs. Reslst*red Prof *sslanal Land Surveyor. hereby certify that the foresoing Map was prepared from A survey M& a on the ground Rader eny direction. This she K� day of Russel) A. acts State of Texas Lic. 5.24 "IN 1.InK FkWX t' IP. I ax c aoo a0G �� �" MLM BEING 34.47 ACAM OF LAND OUT OF THAT CERTAIN rw:sscx. aULA; K Lk;A.tillL 13(i.E2 ACRE TRACT. CONVEYED To YHc CITY Or CORPUS LEASE OUT OF - CHRISTI, TEXAS. COMMONLY KNOWN AS BILL WITT BILL WITT PARK v i- PARK A ND DESCRIBED IN DEED RECORDED IN VOLUME oeo.rs"nt of 1^.09. PAGE 9S OF T} E 0=0 RECORDS 0� h'UECES ^COL)NTY. TEXAS. AND BEING OUT Or SECTION 21 Or TFE FLOUR BLUFF AND ENCTNAL, RARh4 F. GARDEN TRACTS. Dnt Q: � P #�4 F�CORDED IN VOLIR -!E A. PAGES 4543 O^ Tt z. MAC Far-CORDS 0- NUErCE S COLINTI. TEXAS LIMP. , • a 4 t� .� .fd18T� fr' {•'. y; a • R FC; . �r�,. . RUSSELL (� +p Y� ^• . ouu s..q N .. M4rx s PADRR FOUTR SOCCER 6 ��a 34,47 ACR ,VS ,.. c; a z Lif/I..0 DOALS- MT " zMW RW S 1,• � f' SET 98' ZMV RM WT Ag 2 Air / M.14' 1, Russell 1]. Ochs. Reslst*red Prof *sslanal Land Surveyor. hereby certify that the foresoing Map was prepared from A survey M& a on the ground Rader eny direction. This she K� day of Russel) A. acts State of Texas Lic. 5.24 "IN 1.InK FkWX t' IP. I ax c aoo a0G �� �" MLM BEING 34.47 ACAM OF LAND OUT OF THAT CERTAIN rw:sscx. aULA; K Lk;A.tillL 13(i.E2 ACRE TRACT. CONVEYED To YHc CITY Or CORPUS LEASE OUT OF - CHRISTI, TEXAS. COMMONLY KNOWN AS BILL WITT BILL WITT PARK v i- PARK A ND DESCRIBED IN DEED RECORDED IN VOLUME oeo.rs"nt of 1^.09. PAGE 9S OF T} E 0=0 RECORDS 0� h'UECES ^COL)NTY. TEXAS. AND BEING OUT Or SECTION 21 Or TFE FLOUR BLUFF AND ENCTNAL, RARh4 F. GARDEN TRACTS. Dnt Q: � P #�4 F�CORDED IN VOLIR -!E A. PAGES 4543 O^ Tt z. MAC Far-CORDS 0- NUErCE S COLINTI. TEXAS LIMP. , • a 4 t� .� .fd18T� fr' {•'. y; a • R FC; . �r�,. . RUSSELL (� +p Y� ^• . EXHIBIT C INSURANCE REQUIREMENTS LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this tease until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for 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, non - renewal, Bodily Injury and Property Damage material change or termination is required on all Per occurrence 1 aggregate certificates. Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury C. In the event of accidents of any kind, Lessee must furnish the Risk Manager copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ", ".In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations ". • At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is required. B. If the Certificate of Insurance on its face does not show on its face the existence of the coverage required by items 1, B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.13. (1) -(7) are included or excluded. 12 EXHIBIT D STANDARD OF MAINTENANCE SPORT FIELD LEASE CHECKLIST Due March 1 and August 1 each year of the Lease SITE: INSPECTOR: ADDRESS: Date of Inspection: League President Signature League President Printed Name: All Leagues must complete this self- inspection checklist form twice each year. Due date will be March 1 and again August 1 of each year of the lease. Each league is responsible for their self inspection. If the inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline (March 1 and August 1) each year of the lease, the League will be assessed a fee of $250.00 per site for each inspection the City performs. Check "NO" if repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. SKINNED AREAS Yes No [ ] [ ] 1. The soil is too loose to provide good running traction. [ ] [ ] 2. The soil surface is not loose enough around sliding zones for safe sliding. [ ] [ ] 3. The soil is too abrasive for safe sliding. [ ] [ ] 4. The soil is too compacted to provide good drainage. [ ] [ ] 5. Running paths and sliding zones near bases have become worn and need to be leveled off. [ ] [ ] 6. Batter's box and home plate areas have become worn and need to be reconditioned. [ ] [ ] 7. Pitcher's mound has become worn and needs to be reconditioned. [ ] [ ] 8. The skinned area has low spots, holes, or is not level and should be dragged /re- graded. [ ] [ ] 9. There is a hazardous soil buildup (lip) between the skinned area and the turf. [ ] [ ] 10. The skinned area has unsafe wet spots and/or puddles. 13 [ ] [ ] 11. When moist, the skinned area is too sticky and adheres to shoes. [ ] [ ] 12. Coach's box is not level with surrounding area. [ ] [ ] 13. Coach's box is excessively hard. COMMENTS PITCHER'S MOUND Yes No L 1 L l 1. The mound does not conform to league requirements. [ ] [ ] 2. Platform area behind the rubber is not large enough. [ ] [ ] 3. "Push off" and "landing" areas are not constructed with specialized clay. [ ] [ ] 4. "Push -off" and "landing" areas are dished out and need repair. [ ] [ ] 5. There is a hazardous soil buildup (lip) between the mound and the infield grass. COMMENTS PLAYING SURFACE: Yes No [ ] [ ] 1. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [ ] [ ] 2. Litter and unsafe debris is scattered around the field and player /spectator areas. [ ] L 1 3. The supply and location of waste cans is inadequate. [ ] [ ] 4. Sprinkler heads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions. [ ] [ ] 5. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. [ ] [ ] 6. Our facility does not comply with industry recommended field design 14 specifications. COMMENTS BASES AND ANCHORING: Yes No [ ] [ ] 1. The base coverings have unsafe rips or gouges. [ ] [ ] 2. The base framework or hardware is loose or damaged. L ] L ] 3. The base ground stake is unsafely protruding above the surface grade. [ ] [ ] 4. The base ground stake is out of alignment or not level with the surface. [ ] [ ] 5. The base ground stake is not firmly secured in its concrete footing. [ ] [ ] 6. The base, ground stake and its footing are not installed according to the manufacturer's requirement. [ ] [ ] 7. The bases do not seat properly with the ground elevation or they are seated loosely. [ ] [ ] 8. The concrete footings have rounded edges and may twist out of place in the ground. [ ] [ ] 9. The surface of home plate is not level with the surrounding surface. [ ] [ ] 10. The surface of home. plate is worn or irregular. [ ] [ ] 11. The pitcher's rubber is not level with the surrounding surface or is not secured safely into the ground. [ ] [ ] 12. The pitcher's rubber is showing unsafe wear or gouges. COMMENTS SIGNS Yes No [ ] [ ] 1. The signs are in good condition and properly installed. COMMENTS 15 FENCING Yes No [ ] [ ] 1. Fence posts are loose or improperly set in the ground. [ ] [ ] 2. Fence posts are on the inside of the playing area fence. [ l [ ] 3. Concrete footings are exposed above ground. [ ] [ l 4. Fencing is not securely attached to the fence posts with loose or broken ties. [ ] (] 5. There are unsafe gaps under fencing. [ ] [ ] 6. There is no bottom tension wire or railing to secure the bottom of the fence. [ ] [ ] 7. There is not top railing to secure fence at the top. [ ] [ ] 8. Wire ends of chain link fencing are exposed along the top. [ ] [ ] 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. [ l [ ] 10. Gates are left open during games. [ ] [ ] 11. There are unsafe gaps in the backstop or netting with worn out boards or fencing. [ ] [ ] 12. Backstop does not meet industry recommended specifications. [ ] [ ] 13. There is no warning track or warning track is in unsafe condition. COMMENTS TURF AREAS Yes No [ ] [ ] 1. There are unsafe bare spots in turf with a hard soil surface exposed. [ ] [ ] 2. The surface is uneven because of soil grade. [ ] [ ] 3. Soil is too wet or drains poorly making an unsafe running surface. [ ] [ ] 4. Turf is not uniform in texture, density, or height making an unsafe playing surface. [ ] [ ] 5. Turf irrigation comes on during games. [ ] [ ] 6. Turf is not stable and "blow- outs" frequently occur. [ ] [ ] 7.Weeds are present with thorns, bristles, or burrs. [ ] [ ] 8, Males, gophers or other animals have caused mounds or holes. [ ] [ ] 9. Hazardous ruts occur on the field from mowing equipment or trenching. [ ] [ ] 10. Permanent materials used to mark foul lines (i.e., white boards or fire hose) "rol a are protruding from the surface. COMMENTS LIGHTING Yes No [ ] [ ] 1. The lighting was not designed, installed, or inspected by properly trained engineers or technicians. [ ] [ ] 2. There are burned out lights. [ ] [ ] 3. The beam direction of the lights are out of adjustment. [ ] [ ] 4. The lighting grid pattern on the field is uneven or irregular. [ ] [ ] 5. The lighting foot - candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [ ] [ ] 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [ ] [ ] 2. The guard rails are loose or missing. [ ] [ ] 3. The plank or railing end caps are loose or missing. [ ] [ ] 4. Wooden planks are worn out or splintered. [ ] [ ] 5. There are hazardous protrusions or sharp edges._ COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [ ] [ ] 1. Skinned foul lines have become rutted and need to be reconditioned. [ ] [ ] 2. The chalking material used is irritating to the eyes. [ ] [ ] 3. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. 17 [ ] [ ] 4. There are no public telephones available for emergency situations. [ ] [ ] 5. Areas that are hazardous or under repair have not been blocked off or identified. [ ] [ ] 6. There is currently no communication between the maintenance staff and the facility users. COMMENTS 18 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of May 14, 2013 1852 Second Reading Ordinance for the City Council Meeting of May 28, 2013 DATE: April 24, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, Director, Development Services Department MarkVV@cctexas.com (361) 826 -3246 Approval of a use privilege agreement with the Corpus Christi Independent School District to install, operate, maintain, and remove a wastewater line located at 2602 Lipan Street CAPTION Ordinance authorizing the City Manager to execute a use privilege agreement with the Corpus Christi Independent School District ( "Permittee ") to install, operate, maintain, and remove a private two -inch wastewater force main within the Lipan Street public right -of -way, subject to Permittee's compliance with specified conditions. PURPOSE: The purpose of the use privilege agreement is to allow the Corpus Christi Independent School District the ability to provide restroom services to the Roy Miller High School softball field restroom /storage facility, located on 2602 Lipan Street. BACKGROUND AND FINDINGS The Corpus Christi Independent School District, ( "Permittee ") has requested a Use Privilege Agreement ( "UPA ") from the City to install, operate, maintain, and remove a private two -inch PVC wastewater force main ( "Wastewater Line ") within the Lipan Street public right -of -way between the Permittee's property (at 2602 Lipan Street) and Palm Drive. The private two -inch force main being constructed will be approximately 297 linear feet, and is located on the north side of the Lipan Street public right -of -way. The Wastewater Line authorized by this Agreement is strictly limited to providing restroom service to the Roy Miller High School softball field restroom and storage facility, located at 2602 Lipan Street, in the Use Privilege Area. ALTERNATIVES Deny the request of a Use Privilege Agreement. OTHER CONSIDERATIONS Not applicable. CONFORMITY TO CITY POLICY City Charter Article IX, Section 1, requires City Council approval for use of any portion of public right -of -way for private purposes. Ordinance 026217, Section 3. Section. 49- 61. Fees for use of public ways by unauthorized pipelines. EMERGENCY /NON- EMERGENCY Non - Emergency DEPARTMENTAL CLEARANCES All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities or objections regarding the proposed Use Privilege Agreement, provided the applicant meets the specified conditions set out in the Use Privilege Agreement. FINANCIAL IMPACT ❑ Operating o Revenue ❑ Capital ❑ Not applicable Fund (s):Development Services 4670 Comments: Not applicable RECOMMENDATION Staff recommends approval and adoption of the ordinance. Owners must comply with the following conditions: 1. In exchange for the City's authorization to allow use of the public right -of -way for the stated purpose, the Permittee agrees to provide the City with an annual payment of $742.00. 2. The Permittee's use of the two -inch PVC wastewater force main is strictly limited to serving the Permittee's Roy Miller High School Softball Field restroom /storage facilities on Lipan Street. Permittee may not provide wastewater service through this force main outside of this limitation. 3. All costs incurred to install, operate, maintain, repair, and remove the two -inch PVC wastewater force main are the sole responsibility of the Permittee. Project to Date Fiscal Year: 2012- Expenditures Current 2013 CIP only) Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount annual term payments of This item $742.00 $742.00 $1,484.00 BALANCE $742.00 $742.00 $1,484.00 Fund (s):Development Services 4670 Comments: Not applicable RECOMMENDATION Staff recommends approval and adoption of the ordinance. Owners must comply with the following conditions: 1. In exchange for the City's authorization to allow use of the public right -of -way for the stated purpose, the Permittee agrees to provide the City with an annual payment of $742.00. 2. The Permittee's use of the two -inch PVC wastewater force main is strictly limited to serving the Permittee's Roy Miller High School Softball Field restroom /storage facilities on Lipan Street. Permittee may not provide wastewater service through this force main outside of this limitation. 3. All costs incurred to install, operate, maintain, repair, and remove the two -inch PVC wastewater force main are the sole responsibility of the Permittee. LIST OF SUPPORTING DOCUMENTS Ordinance and Use Privilege Agreement USE PRIVILEGE AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This use privilege agreement ( "Agreement ") is entered into by and between the City of Corpus Christi ( "City "), a Texas home -rule municipal corporation, and the Corpus Christi Independent School District ( "Permittee "), a Texas public school district and property owner of 2602 Lipan Street, Corpus Christi, Texas, whose business address is 801 Leopard Street, Corpus Christi, Texas, 78403. In accordance with Article IX, Section 1, of the City's City Charter and in consideration of an annual payment of Seven Hundred and Forty -two Dollars ($742.00) paid by Permittee, the receipt of which for the initial year is acknowledged, the City has granted and conveyed, and by these presents does grant and convey to Permittee, for the term and upon the conditions stated in this Agreement, a use privilege for the right to install, operate, maintain, repair, and remove a two -inch PVC wastewater force main ( "Wastewater Line ") within the north side of the Lipan Street public right -of -way between Permittee's property (at 2602 Lipan Street) and Palm Drive, as shown in Exhibits "A" (Location Map) and "B" (Plan View and Profile View). Exhibits "A" and "B" are attached to this Agreement and incorporated into this Agreement by reference as if fully set out herein in their entireties. The area in which the use privilege is granted to locate the Permittee's Wastewater Line is referred to in this Agreement as the "Use Privilege Area." TO HAVE AND TO HOLD the same use privilege granted unto Permittee, its successors, and assigns, together with the right under the conditions specified in this Agreement, to at any time enter upon the above described Use Privilege Area to install, operate, maintain, repair, or remove Permittee's Wastewater Line, and being further understood that the use privilege granted by this Agreement is subject to the Permittee's compliance at all times with the following conditions, the City and Permittee agree as follows: A. This Agreement, and the rights granted under the Agreement, may be revoked at any time by the City upon providing the Permittee not less than 30 days notice in writing by the City's City Manager, or his designee ( "City Manager"). In the event of a revocation by the City Manager or earlier termination of this Agreement by either party, no portion of any payment made under this Agreement is refundable to the Permittee. B. This Agreement is for a term of one (1) year from the date executed by the City. At the end of the initial term, this Agreement renews automatically for up to four (4) successive annual terms upon the timely payment of $742.00 by the Permittee, unless the Permittee or the City provides written notice of intent not to renew to the non - terminating party at least 60 days before the end of any annual term. Unless sooner terminated, at the conclusion of the initial term and any renewal terms of this Agreement, the parties shall mutually discuss (i) the necessity of further renewals of this Agreement, (ii) Permittee's option to remove and/or relocate the Wastewater Line, or (iii) other options, such as acquisition of the Wastewater Line. C. This Agreement may not be assigned by Permittee without the City Manager's prior written consent. D. The Permittee shall acquire and maintain at all times for the term of this Agreement insurance coverage pertaining to the Use Privilege Area granted under this Agreement and the activities authorized by this Agreement. The types of required insurance coverages must be in the minimum amounts set forth in the attached Exhibit "C," the substantive content of Exhibit "C" being incorporated by reference into this Agreement as if fully set out here in its entirety. The insurance policies must name the City as an additional insured and may not be canceled, renewed, or materially changed by Permittee unless at least ten (10) days advance written notice has been provided to the City. Upon the City Manager's written request, Permittee shall provide copies of all requested insurance policies to the City's City Attorney. E. Should construction be deemed necessary by Permittee in the Use Privilege Area, construction plans and specifications for all proposed work shall be submitted in advance by the Permittee to the City's City Engineer for approval prior to beginning the construction process. The plans must show the depth, and location of the proposed construction and distance from existing water, storm water, wastewater, and gas lines. The Permittee shall also comply with any other laws, rules, regulations, and ordinances applicable to construction in the City and in the public right -of -way, including obtaining all required permits. F. Prior to the start of any approved construction, Permittee shall require every contractor and subcontractor to provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Exhibit "C." Additionally, Permittee shall require their contractors and subcontractors to indemnify the City, its officers, officials, employees, representatives, agents, licensees, and invitees in the same manner that Permittee has provided indemnification to the City pursuant to this Agreement. G. Permittee shall provide all necessary and proper safety devices so as to prevent injuries or accidents in the Use Privilege Area, in as much as possible. H. At least 48 hours prior to beginning any approved construction, Permittee shall contact 1 -800- DIG -TESS and the Lone Star Notification Center (1 -800- 669- 8344), and any other required agency or authority. Additionally, at least 48 hours prior to beginning any approved construction, Permittee shall give notice and verify depth and location of communication lines or communication fiber optic cables, whichever is applicable, to the following: UPA CCISD RMHS Softball Field vFinal 20130422 Page 2 of 7 • City Utility Departments, including Water, Storm water, Wastewater and Gas; • American Electric Power (AEP); • American Telephone and Telegraph (AT &T); • CenturyTel; • Time Warner; • Grande Communications; and • Any and all other certified telecommunications providers. A City inspector may request a utility line be uncovered to verity its depth or location. Any construction process and use of the Use Privilege Area by Permittee shall not interfere with the construction, installation, operation, maintenance, repair, removal or replacement by the City or any of its agents, contractors, or franchisees of any existing or future proposed sidewalks, utility lines, or other uses. If the City or any franchisee with utilities currently located in said public right -of -way needs access to the right -of -way, Permittee shall pay for removing or relocating the Private 2 -inch PVC Wastewater Force Main in the Use Privilege Area to allow access to utility lines for maintenance, repair, removal, or replacement of the utility lines. The Permittee shall repair the Use Privilege Area to its original condition or cease to use the Use Privilege Area, at which time this AGREEMENT terminates immediately. J. Traffic Engineer requirements pertaining to this Agreement, if applicable in context: 1. At least 48 hours prior to commencing any approved construction, the Permittee shall file and obtain approval for a traffic control plan with the City's Traffic Engineer. No closure or barricading of a public right -of -way or any portion of a public right -of -way may occur before approval of the traffic control plan and, if applicable, approval of a detour or barricade plan has been obtained from the City's Traffic Engineer. 2. Should Permittee require a trench, pit, or similar excavation be dug during approved construction, the Permittee shall file and obtain approval for barricading said trench, pit, or excavation in accordance with the Texas Manual on Uniform Traffic Control Devices from the City's Traffic Engineer. [See paragraph "P" of this Agreement for additional requirements regarding trenches, pits and similar excavations.] K. If, as determined by the City Manager, damage occurs to any gas, water, storm water, or wastewater line, Permittee shall allow the City immediate access to the Use Privilege Area to perform an assessment, make repairs, or take any other action deemed necessary by the City. Determination of the extent of damage and repairs necessary to restore the utility line(s) shall be made by the City Manager. All costs of the City associated with said damage UPA CCISD RMHS Softball Field YFinal 20130422 Page 3 of 7 and repair, including labor and materials, shall be paid by Permittee within 30 days of the City's invoice. L. Should construction become necessary near existing water or wastewater lines, Permittee shall take every precaution not to disturb the soil surrounding any such lines, including all thrust blocks. M. If any approved work is conducted near any existing water main, it shall be done under the inspection of a City inspector at a daily rate of three- hundred ten dollars and thirty -five cents ($310.35) for each day spent inspecting construction, installation, maintenance, repair, removal, or replacement in the Use Privilege Area. A half -day, being four hours or more of work time by the City inspector, constitutes a whole working day for purposes of calculation. Any time in excess of eight hours a day, or on Saturday, Sunday or holidays, shall be calculated at a daily rate of fifty -eight dollars and eighteen cents ($58.18) per hour. Any assessed inspection fees shall be paid by the Permittee to the appropriate City department within 30 days of the City's invoice. These amounts will be adjusted annually each year on August 1 to reflect any pay increases that may be attributable to the rates charged. N. The parties acknowledge that the Wastewater Line is not owned by the City. At any and all times Permittee shall be solely responsible for the repair and maintenance of the Wastewater Line and Use Privilege Area, including any costs associated with damage occurring due to natural weather elementstoccurrences or man -made forces. Should damage occur to the Wastewater Line or Use Privilege Area, regardless of the type of damage, Permittee shall immediately repair the damage upon notice by the City. Failure to so repair terminates this Agreement immediately without any further action needed on the part of the City. Q. Permittee shall repair, or cause to be repaired, any damage to driveways, culverts, head walls, landscaping, sidewalks, curbs, gutters, and any other structure, public or private, resulting from or caused by reason of construction, installation, maintenance, repair, removal, replacement or operation of the Wastewater Line and Use Privilege Area. P. If a trench, pit, or other excavation is required during approved construction, no trenches, pits, or other excavation, other than bore pits, shall be left open overnight, except as specifically authorized by the City's Director of Development Services and City's Engineer. Bore pits are not allowed open for a period of longer than 14 calendar days, regardless of location. All trenches, pits, or other excavations, other than bore pits, shall be backfilled by the Permittee promptly and in accordance with current City standards and specifications and as per the City inspector's request. All trenches, pits, and other excavations, including bore pits, shall be barricaded by the Permittee in accordance with the Texas Manual on Uniform Traffic Control Devices and as approved by the City's Traffic Engineer. [See paragraph "J.2." for additional requirements pertaining to trenches, pits, and other excavations.] UPA CCIS❑ RMHS Softball Field VFinal 20130422 Page 4 of 7 Q. If backfilling becomes necessary, all backfill, specifically including that in and around existing utilities, shall be made by Permittee according to current City standards and specifications and as required by a City inspector. R. Use of the Wastewater Line authorized by this Agreement is strictly limited to providing restroom capabilities and service to the Roy Miller High School softball restroom and storage facility, located at 2602 Lipan Street, in the Use Privilege Area. Permittee shall not provide, nor permit anyone else to provide or receive, service through said Wastewater Line, or at any facilities within the City other than the building facilities specifically included in this Agreement without first obtaining a franchise or other required approval from the City. S. INDEMNIFICATION. Intentionally left blank. T. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signatures. U. Unless otherwise stated in this Agreement, any notice required or permitted to be given under this Agreement must be in writing and sent by certified mail, return receipt requested to the following addresses: If to Permittee: Corpus Christi Independent School District 801 Leopard Street Corpus Christi, TX 78403 If to the City: City of Corpus Christi Attn: Director, Development Services Department P. O. Box 9277 Corpus Christi, TX 78469 -9277 Any party shall, by notice to the others in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes within 10 days of any address change. V. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this Agreement are performable in Nueces County, Texas. Venue for all actions arising from, out of, or related to this Agreement must be brought in Nueces County, Texas. W. The Permittee further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the "Disclosure of Interests" form attached to this Agreement as Exhibit "D." Completed versions of Exhibit "D" by the Permittee form a part of this Agreement and are incorporated by reference into this Agreement as if set out here in their entireties. UPIA CCISD RMHS Softball Field vFinal 20130422 Page 5 of 7 X. This instrument, including exhibits, constitutes the entire agreement between the City and the Permittee, and no prior written, oral, or contemporaneous promises, warranties, or representations shall be binding upon any parties, This Agreement may only be amended by written instrument signed by authorized representatives of the City and Permittee and approved as required by City law. Y, Any payments due by the Permittee pursuant to this Agreement will be made from current revenue available to the Permittee. EXECUTED IN TRIPLICATE this - day of 20 Approved as to legal form: T 14 —/ 1( V ------------- John J. Janssen General Counsel ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § 114 This instrument was acknowledged before me on ri OM _, 2013, by Carol A. Scott, President, Board of Trustees, Corp7u�Xhristj Independent School District, a Texas public school district, on behalf of the district. NORMA L. HASKELL Notary PUbile STATE OF TEXAS My Comm, Exp, 07-1g-2015 IRA UPACCISO RMHS Softball Field vReyd Final recillned page 6 of! ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Ronald L. Olson City Secretary City Manager Approved as to legal form: 1 2013 Elizabeth Hundley Assistant City Attorney for the City Attorney STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2013, by Ronald L. Olson, City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public's Signature UPA COSD RMHS Softball Field vFinal 20130422 Page 7 of 7 Use Privilege Agreement - 2" Private Wastewater Force Main on Lipan Street (CCISD RMHS Softball Fiela CC)- , rpU, S 11 ,- ADDRESS POINT (HTE) MAJOR STREET M= STREET NAME - MAJOR SHORELINE TO G OTHER; VMTER N + EXHIBIT A LOCATION MAP EX. CURB INLET STA, 0+29.0 RIM EL n 102A'- 45' SEND (RI) CAU7IONIIi 16" RCP EL EL 97.8• 6" OFF SIDEWALK GAS LINES I ; L CP 4 <F EXISTING 6" SET 60D NAIL !j . GAS LINES (a) EL - 102.72 I c (LOCAL CONTROL ESTABLISHED STA. 2 +97 - END 2" FM 1 W/ PREVIOUS TOPO SURVEY) PRIVATE LIFT STATION f : EX. 34' COX I (BY OTHERS) ( ; . CULVERT UNION ( I iI !.; _ 9.S' t 297 LF --• PROP. 2" SCH 80 OFF S.O.C. PVC MV FORCEMAIN £X. WW MANHOLE f rte. ,« 4" PVC SERVICE a RIM EL 102.35 iii R-�--1Mr:Vlf =nom a•tl1/ d_ IL EL 96.115 LIPAN STREET 6" vcP ET' m(s) a rB9,s is" OFF & +s — n• r _ ,_�. STA. 0 +00 INSTALL 45' BENDS (LT n . •+-0 - BEGIN 2" PVC E9RCEMAIN CONNECT TO EXISTING WWMH (SEE DETAIL 'A') CAUTIONI!! 2" FL (IN) - EL 97,88 GAS LINES B" IL (OUT) a EL 98.85 l - — 1 1. 1 " VC 4YW SERVIC OM OM F FI_ r,7_An HORIZONTAL SCALE VERTICAL. SCALE f f NwE5: 0 30' 8D' 128' 0 3 6 1 '' 1. CONTRACTOR SHALL FIELD VERIFY THE L OF ALL UTILITIES BOTH HORIZONTALLY AND EXISTING � � y ' • 's ' � +� VERTICALLY PRIOR TO COMMENCING CONSTRUCTION AND NOTIFY THE ENGINEER IMMEDIATELY AND iNSER� � 1 , MANHOLE ..... PRIOR TO COMMENCING CONSTRUCTION OF ANY % D, SCOTT ,PONES ! OBSERVED CONFLICTS OR DISCREPANCIES WITH 9D' VERT. /. « ...................... THE PLANS. BEND F L-97.65 /; '� 2. LIPAN ST. R.O.W. MUST BE VERIFIED IN THE FIELD /�00'.'A 81986 q w jo PRIOR TO COMMENCING CON5TRUCTION. err+ �L 3. ALL CONSTRUCTION SHALL BE IN COMPLIANCE WITH 3.' " "''' "1'' .� PROP. 4S' O &•., IST�,.��� 7. CITY STANDARDS AND SPECIFICATIONS. BEND @��5`� - 4. PROJECT COORDINATES AND DATUM ARE BASED ON 'A' r@ CP 4 SHOWN IN PLAN VIEW, DETAI �� I 'lt lE L REVISIONS IV engtnesring•u i 6 Ing mre MU rda xuH"f MILLER HIGH SCHOOL W ASTE W ATER SERVICE LINE PLAN AND PROFILE. 2" PVC WW FORCEMAIN EXHIBIT B EXISTING B" GAS LINES �a! STA END 2" PV ! I --. _ EXISTING 3.5' _.l_ -_. -.__.. 0 CL LIFT STATION (BY OTHERS) -- • -_ -- -. i..__. 104 BOX CULVERT UNION RIM EL =100.5 i02 I ( °) ? 4" FL (IN) -97.4 ( ! 2" FL OUT)R97 x . - - ...- - - __.. _. - 1 ...... .. ... 80170 . it M - _. -. 10fl EL-92.5± !rat r I >,.� NATURAL GROUND f '4`,� hU N D' 100 EXISTING 6 GAS LINE ( °) — - - _...... " _ I I j5�,f2r< •.. ,: ; .: ;`;, 287 LF - 2" _ _ -• _ I - -_- 45 VER BEND SCH rap PVC Ww FORCE , r1•r�ycl L___ -� S$ MAIN I EL EL - 98,0 I `.. 45« VERT. BEND i I P NATE LIFT 54.3# ' STA (S) + e 2 +91. f STATION BY 94 IN . _.._. -. .- ._.., -. _._,._....__.,.._.--- •--- _ -• -;- STALL 45 HORIZ, BE DS LT) -- --.... ...___OTHERS) I 2" FL EL -98,3# 9` ... r STA. 0 +29.0 UTILITIES SHOWN PER .. i �. 45 _.._ -... $ I ' VERT. BEAD 45 HDRIZ. SEND RT L W 94 RECORD DRAWINGS OF 92 $} ,31 TL EL 94.3* LIT?AI� STREET I _- �i. .: 0 1400 9 +m -- 3+ 00 /' HORIZONTAL SCALE VERTICAL. SCALE f f NwE5: 0 30' 8D' 128' 0 3 6 1 '' 1. CONTRACTOR SHALL FIELD VERIFY THE L OF ALL UTILITIES BOTH HORIZONTALLY AND EXISTING � � y ' • 's ' � +� VERTICALLY PRIOR TO COMMENCING CONSTRUCTION AND NOTIFY THE ENGINEER IMMEDIATELY AND iNSER� � 1 , MANHOLE ..... PRIOR TO COMMENCING CONSTRUCTION OF ANY % D, SCOTT ,PONES ! OBSERVED CONFLICTS OR DISCREPANCIES WITH 9D' VERT. /. « ...................... THE PLANS. BEND F L-97.65 /; '� 2. LIPAN ST. R.O.W. MUST BE VERIFIED IN THE FIELD /�00'.'A 81986 q w jo PRIOR TO COMMENCING CON5TRUCTION. err+ �L 3. ALL CONSTRUCTION SHALL BE IN COMPLIANCE WITH 3.' " "''' "1'' .� PROP. 4S' O &•., IST�,.��� 7. CITY STANDARDS AND SPECIFICATIONS. BEND @��5`� - 4. PROJECT COORDINATES AND DATUM ARE BASED ON 'A' r@ CP 4 SHOWN IN PLAN VIEW, DETAI �� I 'lt lE L REVISIONS IV engtnesring•u i 6 Ing mre MU rda xuH"f MILLER HIGH SCHOOL W ASTE W ATER SERVICE LINE PLAN AND PROFILE. 2" PVC WW FORCEMAIN EXHIBIT B EXHIBIT C INSURANCE REQUIREMENTS 1. PERMITTEE'S LIABILITY INSURANCE A. Permittee shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Permittee trust not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Permittee shall furnish to the Risk Manager or designee two (2) copies of Cedificates of insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be named as an additional insured for the General Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence / aggregate Commercial General Liability including: I. Broad Form $1,000,000 Per Occurrence 2. Premises --, Operations $2,000,000 Aggregate 3. Products /Completed Operations Hazard 4. Contractual Liability 5. Broad Fonn Property Damage G. Independent Contractors 7. Underground IIazard (if applicable) BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired & Non -owned WORKERS' COMPENSATION _ WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSA'T'ION ACT AND PARAGRAPH II OF THIS EXHIBIT. EMPLOYER'S L IABILITY $500,000 / $500,000 / $500,000 C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. ]I. ADDITIONAL REQUIREMENTS A. Permittee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Perrnittee's financial integrity is of interest to the City; therefore, subject to Permittee's right to maintain reasonable deductibles in such ainounts as are approved by the City, Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Permittee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification ofparticular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Permittee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Permittee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax # (361) 826 -4555 D. Permittee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions- 0 Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy ® Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; ® Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non- renewal or material change in coverage, anti not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Permittee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Permittee project should there be a lapse in coverage at ally time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Permittee 's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Permittee to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonsirates compliance with the requirerrrents hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Permittee may be hold responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. 1-I. It is agreed that Permittee's insurance shall be deemed primary acid non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2013 CCISD Lift Station ins req. 2/22/2013 ds Risk Management. SUPPLIER NUNiI3L"R TO BE ASSIGN BYVfrY - - - ` PURCHASING DIVISION City of CITY OF CORPUS CHRISTI C h risti r i i sti Ch DISCLOSE F' INTERE City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following inforination. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY w / • p, CITY: STATE„ ZIP: It? FIRM IS: 1. Corporation 2. Partnership 3. Sole 0vaier E 4, Association S. Other i "�L P olt — DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page oi attilch separate sheet. I . 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 acid City Department (if known) 2. State the narnos 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 1 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 I3oart1, Commission or Committee 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 at) "ownership interest" constituting 3 %ir or more of the ownership in the above named "firm." Name Consultant FILING REQ[IIIREMENTS 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 writingg to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or emplo� yee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Fusses Ordinance Section 2 -349 (d)] EXHIBIT D 1 OF 2 CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have n knowing withhold disclosure cat' any information requested; and that sopplemontal statements will be promptly submitte the City of Corpus Christi, Texas as changes occur, Certifying Person: 9 ArrtJ & Title: ly t type or Print) Signature of Certifying Date: Pei-son: ArWINITIONS 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 oil 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-tim b but not as an independent contractor. 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, c. "Official." The Mayor, moinbors of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division [leads, and Municipal Court Judges of the City of Corpus Christi, 'Texas. f "Ownership Interest," Legal or equitable interest, whether actually or constructively hold, 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," 9. "Consultant," Any person or Firm, such as engineers and architects, hired by the City of Corpus Chri for the purpose of professional consultation and recommendation. EXHIBIT D 2 CIF Ordinance authorizing the City Manager to execute a use privilege agreement with the Corpus Christi Independent School District ( "Permittee ") to install, operate, maintain, and remove a private two - inch wastewater force main within the Lipan Street public right -of- way, subject to the Permittee's compliance with specified conditions. WHEREAS, the Corpus Christi Independent School District ( "Permittee ") desires to install, operate, maintain, repair, and remove a private two -inch PVC wastewater force main within the north side of the Lipan Street public right -of -way between the Permittee's property located at 2602 Lipan Street and the wastewater connection at Palm Drive; WHEREAS, the Permittee has requested, and the City of Corpus Christi ( "City ") desires to extend, a one -year use privilege agreement ( "Agreement "), renewable for four additional one -year terms, in order to accomplish the purpose and use intended by the Permittee within the public right -of -way; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, May 14, 2013, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, in accordance with Article IX, Section 1, of the City Charter, the City Council authorizes the City Manager to enter into the Agreement for the benefit of the City and the Permittee, subject to the Permittee's compliance with the specified provisions of the Agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee ( "City Manager"), is authorized to execute a one -year use privilege agreement ( "Agreement "), renewable for four additional one -year terms, with the Corpus Christi Independent School District ( "Permittee ") to allow the Permittee to install, operate, maintain, repair, and remove a private two -inch PVC wastewater force main within the north side of the Lipan Street public right -of -way between the Permittee's property and the wastewater connection at Palm Drive, such Agreement at all times subject to the Permittee's compliance with the conditions specified in the Agreement. A copy of the Agreement is attached to this ordinance as Exhibit 'A" the terms and content of such exhibit being incorporated by reference into this ordinance as if fully set out herein in its entirety. SECTION 2. The Agreement authorized in Section 1 of this ordinance is subject to the Permittee's compliance with the conditions of the Agreement including, but not limited to, the provisions specified below: 1. In exchange for the City's authorization for use of the public right -of -way by the Permittee for the stated purpose, the Permittee agrees to provide the City with an annual payment of $742.00. 2. The Permittee's use of the two -inch PVC wastewater force main is strictly limited to serving the Permittee's Roy Miller High School Softball Field restroom /storage facilities on Lipan Street. Permittee may not provide wastewater service through the force main to any facilities other than the facilities specified in this section nor may Permittee permit or allow anyone else to provide wastewater service or any other service through the force main to any facility whether owned by the Permittee or by another person or entity. 3. All costs incurred to install, operate, maintain, repair, and remove the two -inch PVC wastewater force main are the sole responsibility of the Permittee. 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 UPA CCISD RMHS Softball Field Ord vFinal 20130325 Page 2 of 2 151 rorfilllill�l K TO Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826-3082 wesp@cctexas.com -4 FROM: Mike Culbertson '1ZK67-- (361) 882-7448 mculbertson@ccredc.com Ordinance - Amendment to Type A agreement for Del Mar College Internship Pr 10riqinal Aqreement Passed 08/21/12) 1 Ordinance appropriating $;72,80;4.35 from the unreserved fund balance in the No. 1140 Business/Job; Development Fund for a small business incentives grant from the Corpus Christi Business and job Development Corporation ("Type A Corporation") to Del Mar College ("Del for an intern program to support small businesses; Changing the; FY 2012-2013 operating budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $72,804.35. lalla0am This will increase their original Type A grant of $173,223 for the Del Mar Internship program ir, 2012-2013 by $72,804.35. Del Mar College has a program where students can work for a local company as an intern. The local company will pay minimum wage while the Type A grant will match the wage. This encourages companies to hire interns, it allows the student to get real work experience, and has a goal to create new jobs. The Type A Board has funded this program since 2007. This year they have had an overwhelming response from small businesses for their interns. This increase will allow them to continue the program for the Summer semester. ALTERNATIVES: ®,.: 1 !!11 1111 111 1 Jill area and this also g ives the students necessary job train ing to help them to stay in Corpus Chri�sti. 11060 I 1 01 MONS A A I AMA 0 I Z TU Z 114 F-11 a I J, - i Operating o Revenue o Capital o Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS_ Line Item Budget Encumbered / IT Expended Amount This item 72,804,35 72,804.35 BALANCE 72,804.35 72,80435 9=8206■ - f' Staff recommends that the City Council authorize this increase in funding for this valuable program LIST OF SUPPORTING DOCUMENTS: Ord'inance Certification of Funds Amended Business Incentive Agreement Del Mar College Intern Program. Page 1 of 2 Ordinance Appropriating $72,804.35 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a small business incentives grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Del Mar College ( "Del Mar ") for an intern program to support small businesses; Changing the FY 2012 -2013 operating budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $72,804.35. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $72,804.35 from the unreserved fund balance in the No. 1140 Business /Job Development Fund is appropriated for a small business incentives grant from the Type A Corporation to Del Mar for an intern program to support small businesses. SECTION 2. That Ordinance No. 029565, which adopted the FY 2012 -2013 Operating Fund, is amended to increase proposed expenditures in the No. 1140 Business /Job Development Fund by $72,804.35 for a small business incentive grant from the Type A Corporation to Del Mar for an intern program to support small businesses. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor Corpus Christi, Texas of , 2013 �.�:�.�i►ra►�y�.za�w_0i 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 PASSED AND APPROVED, this the th day of 2013. 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 City Secretary Nelda Martinez Mayor 1010 71►►G1►N1 :8IMIAAFW_'ri m sFre FIRST AMENDMENT TO THE SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES This First Amendment to the Small Business Incentives Agreement for ( "Amendment ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Del Mar College ( "Del Mar"), a political subdivision of the State of Texas. WHEREAS, the Corporation and Del Mar entered into that certain Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College for an Intern Program to support small businesses, dated August 21, 2012 ( "Agreement "); WHEREAS, Del Mar has requested an additional $72,804.35 for the Intern Program to support small businesses; WHEREAS, the Corporation agrees that it is in the best interests of the residents of the City of Corpus Christi to provide the additional funding requested by Del Mar; NOW, THEREFORE, in consideration of the covenants, promises, and conditions stated in this Amendment, the Corporation and Del Mar agree as follows: 1. The effective date of this Amendment is the latest date that either party executes this Amendment. 2. Section 3 of the Agreement is hereby amended by amending subsection a to read as follows: a. The Corporation will grant Del Mar an incentive of up to One Hundred Seventy Three Thousand Two Hundred Twenty Three Dollars ($246,027.35), which must be used to fund one half of the salary of up to a total of 110 interns during the Fall Semester of 2012, Spring Semester of 2013, and Summer Session in 2013, and the entire salary on two interns hired to help administer the program during the Fall and Spring Semesters and Summer Session. The interns will be paid twice the minimum wage, while participating in Del Mar's Small Business Employer Intern Program. 3. This Amendment embodies the entire agreement between the Corporation and Del Mar with respect to the amendment of the Agreement. In the event of any conflict or inconsistency between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall control. 4. Except as specifically modified and amended herein, all other terms, provisions, requirements, and specifications contained in the Agreement shall remain in full force and effect. 5. This Amendment shall be governed by the laws of the State of Texas. Page 1 of 2 CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORATION By: Date: Robert Tamez President Attest: By: Armando Chapa Secretary DEL MAR COLLEGE By: M Escamilla, Ph.D. President Date: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on � rl 1 c� 3 , 2013, by Mark Escamilla, Ph.D., as President of Del Mar College, a political subdivision of the State of Texas, on behalf of the college. JESSICA ANN ALMN Z _ 4 Notary Public, State t Texas N ary Public *, 'I My Commission Expires State of Texas 07/16/2016 Page 2of2 1pjjj� - * $ ? TO: Ronald L. Olson, City Manager THROUGH: Wes Pierson, Assistant City Manager (361) 826-3082 wesp@cctexas.com FROM- Mike Culbertsop� (361) 882-7448 mculbertson@ccre, Ordinance - Amendment to Type A agreement for Texas A&M University — Corpus Christi Internshio Proaram (Orininall Acireement Passed 08/21/12) W-Ailfl Ordinance appropriating $35,060 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for a small business incentives grant from the Corpus Christi Business and Job Development Corporation ("Type A Corporation") to Texas A&M University — Corpus Christi ("TAMU-CC") for an intern program to support small businesses Changing the FY 2012-2013 operatling budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $35;,060. This will increase their original Type A grant of $190,635 for the TAMU-CC Internship program in 2012-2013 by $35,060. I TAMU-CC has a program where students can work for a local company as an intern. The local company will pay minimum wage while the Type A grant will match the wage. This encourages companies to hire interns, it allows the student to get real work experience, and has a goal to create new jobs. The Type A Board has funded this program since 2007. They a $190,635 to fund 105 intern positions. This year they have had an overwhelming response from small businesses for their interns. This increase will allow them to continue the program for the Summer semester. 'I I I i I i I � I i I !I I 1 I Iff I � I I I i pi I 1 11 KINAMPUM By helping students get intern positions companies can see what young talent is already in our area and this also gives the students necessary job training to help them to stay in Corpus Christi. This project is consistent with the City's stated goals of promoting economic development aLVW' helping small businesses thrive in Corpus Christi. a III Y- lei -q 1 1 ZM o Operating o Revenue o Capital o Not applicable Project to Date Fiscal Year: 2012- Expenditures 2013 (CIP only) Current Year Future Years TOTALS_ Line Item Budget Encumbered / Expended Amount This item 35,060 35,060 BALANCE 35,0601 35 nsn Page 1 of 2 Ordinance Appropriating $35,060 from the unreserved fund balance in the No. 1140 Business /Job Development Fund for a small business incentives grant from the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") to Texas A &M University — Corpus Christi ( "TAMU -CC ") for an intern program to support small businesses; Changing the FY 2012 -2013 operating budget, adopted by Ordinance No. 029565, by increasing proposed expenditures by $35,060. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $35,060 from the unreserved fund balance in the No. 1140 Business /Job Development Fund is appropriated for a small business incentives grant from the Type A Corporation to TAMU -CC for an intern program to support small businesses. SECTION 2. That Ordinance No. 029565, which adopted the FY 2012 -2013 Operating Fund, is amended to increase proposed expenditures in the No. 1140 Business /Job Development Fund by $35,060 for a small business incentive grant from the Type A Corporation to TAMU -CC for an intern program to support small businesses. ATTEST: Armando Chapa City Secretary Corpus Christi, Texas of , 2013 THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor 101V Q 1► /G1►[N arGldil1aKW - 10Mrs 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 PASSED AND APPROVED, this the th day of 2013. 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 City Secretary Nelda Martinez Mayor �.�:�.�i►ra►�y�raw��aKy_00 W M-11, 1 114M 111 Wlt MOM: I I L -10 9kTj:6 This First Amendment to the Small Business Incentives Agreement for ("Amendment") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Texas A & M University -- Corpus Christi, a Texas institution of higher education WHEREAS, TAMU-CC, has requested an additional $35,060.00 for the Intern Program to support small businesses; WHEREAS, the Corporation agrees that it is in the best interests of the residents of the City of Corpus Christi to provide the additional funding requested by TAMU-CC; NOW, THEREFORE, in consideration of the covenants, promises, and conditions stated in this Amendment, the Corporation and TAMU-CC agree as follows: 1 , The effective date of this Amendment is the latest date that either party executes this Amendment, 2, Section 3 of the Agreement is hereby amended by amending subsection a to read as follows a. The Corporation will grant TAMU-CC an incentive of up to One Hundred Ninety Thousand Six Hundred Thirty Five Dollars ($225,695.00), which must be used to fund one half of the salary of up to a total of 105 interns during the Fall Semester of 2012, Spring Semester of 2013, and Summer Session! in 2013, and the entire salary on an intern hired to help administer the program during the Fall and Spring Semesters and Summer Session. The interns will be paid twice the minimum wage, while participating in TAMU-CCs Small Business; Employer Intern Program. 3i This Amendment embodies the entire agreement between the Corporation and TAMU- CC with respect to the amendment of the Agreement. In the event of any conflict or this Amendment shall control. 4. Except as speccally moded and amended herein, all other terms, provision; requirements, and specifications contained in the Agreement shall remain in full force a effect. 5. This Amendment shall be governed by the laws of the State of Texas. , Mv WIN W n. By: Robert Tamez President Date: Attest: By: Armando Chapa Assistant Secretary Texas A & M Univ! sity — Corpus Christi p By: IN fientes - .64!4' , Commercialization & Outreaci- Date: I ct ff 911AWTMAUOYAHAMI�q T14L kl 0 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of 5/14/2013 852 Second Reading Ordinance for the City Council Meeting of 5/28/2013 DATE: 4/29/2013 TO: Ronald L. Olson, City Manager FROM: Peter Davidson, Marina Superintendent PeterD @cctexas.com 826 -3980 An Ordinance authorizing a onetime "Texas Coastal Boating & Saltwater Expo" which will bring visitors from Texas and other areas to the Corpus Christi Bayfront for a spectacular weekend. CAPTION Ordinance authorizing the City Manager or designee to execute agreement with Costa Productions, L.L.C. for use of portions of Lawrence Street T -head from July 8, 2013 through July 15, 2013 for a boat show event. PURPOSE: A four day outdoor Boat and Fishing Expo. located on the Lawrence Street T -Head designed to educate while entertaining, providing thrills, laughter as well as vaualble information on fishing and boating including the latest designs. Boating, fishing and product vendors will be at the show to answer questions and provide information on the latest watercraft, accessories and fishing gear. This onetime event if successful will be considered by the promoters for additional years. BACKGROUND AND FINDINGS Costa Productions, LLC, producer of the Texas Coastal Boating & Saltwater Expo, combines almost 60 years experience in the marine boating business of Gulf Coast Marine, with over 20 years in advertising, publishing and promotions of Costa Media Texas, to produce this much anticipated, well- suited event on the Corpus Christi Bayfront. ALTERNATIVES None OTHER CONSIDERATIONS Not applicable CONFORMITY TO CITY POLICY Conforms to City Policy EMERGENCY / NON - EMERGENCY Non - emergency DEPARTMENTAL CLEARANCES Not applicable FINANCIAL IMPACT ❑ Operating X 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 Bayfront Revenue $8,000.00 $8,000.00 BALANCE $8,000.00 $8,000.00 Fund(s): Comments: Budgeted $8,000 bayfront revenue to Marina Enterprise fund (323000- 4700 - 35300) RECOMMENDATION City staff approve of the "Texas Coastal Boating & Saltwater Expo" which will bring visitors from Texas and other areas to the Corpus Christi Bayfront for a spectacular weekend at the Marina. LIST OF SUPPORTING DOCUMENTS Ordinance Lease agreement Ordinance authorizing the City Manager or designee to execute agreement with Costa Productions, L.L.C. for use of portions of Lawrence Street T -head from July 8, 2013 through July 15, 2013 for a boat show event. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute an agreement with Costa Productions, L.L.C. for use of portions of Lawrence Street T -head from July 8, 2013 through July 15, 2013 for a boat show event. Costa Productions shall pay the City $8,000 for use of the Lawrence Street T -head for the event. 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 7 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor �-M :V 4 0F LEASE AGAEEMEIIT BET;':EEA TAE CITTVF CUR 115 GARISTI AND COSTA PRODUCTIONS, LLC (A) 8 Days in July 2013 This Lease is for a term of eight (8) days, beginning on July 8, 2013 at 12:01 p.m, Lessee shall be entitled to non-exclusive use, for the purpose of set-up and take-down preparations of the Premises for a period of eight (8) consecutive days, from July 8, 2013 at 12:01 p.m. through July 15, 2013 at 8:00 p.m.; and to the exclusive use of said Premises for a period of up to four (4) days from July 11, 2013 at 6:00 am through July 14, 2013 at 8:00 p.m. The use periods are also identified in Exhibil B. (C) This Lease does not include the Boaters Facility or parking lots adjacent to the Boaters facility. Use of any of these facilities will be covered under a separate agreement, that is execute4 between the City and Lessee, if this use is determined to be necessary by Lessee. Section 4 Other Areas; Other Use of Premises. (♦) Requests by Lessee for use of additional City-owned areas requires prior written approval from the Marina Superintendent. (B) No concession stand, ride, or other apparatus connected with the Event may be placed in or on the shrubbery areas without the prior written permission of the Marina Superintendent. Section 6 Event Layout Diagram. At least two weeks prior to the Event, Lessee • Lessee's Agent must provide the Marina Superintendent with a detailed diagram showing the final Event layout and including all related activities. Layout of the Event is subject to the approval of the Marina Superintendent. Section 6 Rental Fees. (A) For use of the Marina, Lessee must pay to Marina rental fees of Eight thousand dollars ($8,000.00) Iloilo (C) If there is a hurricane or other tropical storm occurrence in the local vicinity that eliminates the Event the City Manager is authorized to adjust the billing of the City's actual and direct costs. (D) The City's actual and direct costs, incurred in assisting with the Event, may include, but are n•l limited to, the following: (1) Damages: Damage to City property as a result of the Event will be billed to Lessee at the cost of repair. Lessee will first be given an opportunity to repair any damage and restore damaged item, premises, or structure to the condition in which Lessee received it. (2) Clean Up and Litter Removal: Costs of labor contracted for clean-up during and after the Event, including any additional clean-up that is required by the Directors of relevant City departments at the conclusion of the Event, at applicable City rates for the year billed. Lessee will be given the opportunity to hire and work its own clean-up crew to perform cle-I up services and litter removal during and after the Event; (4) Costs for all Marina utilities, including but not limited to electricity, water, and sewage 0 af disposal services, used by exhibitor boats at Marina and not paid for by exhibitors be o Eveat is over. (5) Costs for all Marina utilities, including but not limited to electricity, water, and sewage disposal services, used by Lessee or Lessee's agents at Marina and not paid for by Lessee or Lessee's agents before Event is over. (G) Costs for any other services requested by Lessee or Lessee's Agent and provided by the City. (A) Lessee shall provide emergency contact numbers to the City's Marina Superintendent at least one week in advance of the Event. tissee s A, - 7 , A11,75i InnaLaTie MeM51FIS Ue�'e[Tle HaIVIXIall gent rrraj, exposure. Section 14 Rest Rooms; First Aid; Drinking Water. Lessee shall provide functional and sanitary iNortable restrooms inclu in&, r stro by_r_�III withintecia n, -tpetinns with drinkin water, in both the viewing area of the Premises and on the Lawrence Street T-Head in the Marina. All of the aforementioned items shall be provided throughout the duration of the Event. Section 15 Additional Security. Lessee must separately contract and pay for any additional security, such as daily pre and post-Event public viewing hours and night watch security, that Lessee deems necessary in the crane and patrol boat dock areas. If this security is provided by City's Police Officers, the expense will be billed to Lessee as an actual and direct cost in accordance with Section 6 of this Lease. # �...: MWE=7 (A) The Marina Superintendent shall provide Lessee's Agent with a list of damages, if any, to City property located on the Premises within two (2) working days after the close of the Event. Lessee shall restore all items on that list to their condition prior to the Event, to the satisfaction of the City's Director of Engineering, within three (3) working days of receipt of the list. (B) If Lessee fails to restore all items on the list, the Marina Superintendent may do so, or may cause the same to be done, and will bill Lessee for the restoration as an actual and direct cost, as set oull in Section 6 of this Lease. M- T (A) The clean-up must be performed hourly and immediately after closing the Event each day. All trash cleaned up must be property deposited in trash bags provided by Lessee and taken to a location designated by Lessee. (B) Lessee may hire and work its own clean-up crew during and after the Event. If the Marina Superintendent determines that additional clean-up is necessary, Marina Superintendent will give Lessee or Lessee's Agent two (2) hours notice to increase services and if, after the expiration of th4 response time, the work remains unsatisfactory, the Marina Superintendent may authorize the use of City workers, and the cost for the labor provided by the City's clean-up workers shall be billed to Lessee as an actual and direct cost pursuant to Section 6 of this Lease. Section 23 Storm Water Inlet Screens. Lessee shall, at its sole cost and expense, install screens, approved by the City's Storm Water Utility Division, across all storm water inlets on the Lawrence Street T-Head and within any closed streets in the Premises prior to the beginning of the exclusive use period of this Lease. Lessee shall ensure that drainage is not blocked or impeded by the placement of the i,creens. Lessee shall remove the screens within the non-exclusive use period after the close of the Event, However, Lessee must remove screens (along with any trash that has accumulated over the c-creens) immediately if heavy rain is imminent, or upon the direction of the Stormwater Superintendent or iesignee. Section 38 Agreement between Parties. This Lease is between the City and Lessee for the purpose of described herein and is not for the benefit of any third party or individual. Section 39 City Services Subject to Appropriation. Lessee recognizes that the services agreed to be provided by the City, pursuant to this Lease, are subject to the City's annual budget approval and appropriation process. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required b FW I - UTO year, then City may terminate this Lease, without recourse by Lessee, only at the end of the current applicable fiscal year. Section 40 Compliance with Laws �M 0 OM I I Wi NMI Irllefl* W AJOTI*e 101 a UVIIAllele Ille—,I1115 *1 L1115 Lez&��V terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be use#' in the operations that are the subject of this Lease. SIGNED IN DUPLICATE, each of which shall be considered an original, on this the day of ' 2011 Kit] ill�illillilli�ililillillillill�illiip I i asnma��� This instrument was acknowledged before me on , 2013, by Ronald L. Olson, or his designee, , City Manager of the City • Corpus Christi, a Texas home-rule municipal corporation, • behalf • said corporation. L*��� Signature: Ofb W, 11v Printed Name: Alexandra Holmes Title 0 1-ny-) 0 (Jck___ J Date: l3 STATE OF TEXAS COUNTY OF D N Wc JAMES I A N'o! 3i Ote of Texas Expites 2016 Commission expires: _'O'�/�--'-; EXHIBIT A - PREMISES PAGE 13/16 tA ggs�� TEXAS COASTAL BOATING & SALTWATER EXPO YEAR NON-EXCLUSIVE USE PERIODS 4 DAY EXCLUSIVE USE PERIODS 2013 12:01 p.m. Monday, July 8, 2013 6:00 a,m. Thursday, July 11, 2013 thru 8:00 p.m. Monday July 15, 2013 thru 8:00 p.m. Sunday July 14, 2013 A. Lessee must not commence work under this Lease until all insurance required herein has be© obtained and such insurance has been approved by the City. The Lessee must not allow any subcontractor to commenct work until all similar insurance required of the subcontractor has ,- «•,f nine 9. Lessee must furnish to the Risk Manager, two (2) copies of Certificates of Insurance, showing the followiry minimum coverage by insurance company( ) acceptable to the ®» 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. »x+242: INSURANCE Bodily Injury and Property Damage LIQUOR LIABILITY 1. Vendors providing and/ or selling alcohol AUTOMOBILE LIABILITY -- Owned, Non-owned or renteii, vehicles Required if Lessee employs » » « «. other than himself/herself: COMPENSATION ACT AND PARAGRAPH 11 OF THIS EXHIBIT I ACCIDENT POLICY FOR VOLUNTEERS 1 $5,000 MEDICAL PAYMENTS per PERSON i «0,000D TH or DISMEMBERMENT per PERSON ©, event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of such 2.ccidents within to (10) days of the accident. International Yacht & Jet Plane Show ins. req. 12-16-05ep Risk Mgmt A. Lessee must obtain workers' compensation coverage through a licensed insurance company obtained 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 workers' compensation coverage provided must be in an amount sufficient to ensure that all workers' compensation obligations incurred by the Lessee will be promptly met. The City of Corpus Christi must be named as an additional insured on the liabil q1 coverage, Compensation coverage and a blanket waiver • subrogation is required on all applicable policies. 0 If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to" and deleting the wording after "Ieft". In lieu of modification of the ACORD requirements are mandatory. fhe name of the event, including exact dates including move-in and move out , tates shall be shown under the Description • Operations/ Locations / Vehicles/ Special Items, At a minimum, a 30-day written notice to the Risk Manager and Parks and Recreation Director • material change, non-renewal, termination or cancellation is required, C. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.13 (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items I. B. (1)-(7) are included or excluded. Texas Coastal Boating & Saltwater Expo req. 3-16-13 Risk Mgmt JALegislativeBills\L1SA\2013 Marina\Boat Show 2013 Costa Productions V2 Clean Doc.doc to AGENDA MEMORANDUM for the City Council Meeting of May 21, 2013 DATE: May 1, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, icael o cctexas.com 361- 826 -3464 Update to City Council - Arts & Cultural Commission STAFF PRESENTER(S): Name Title /Position Department 1. Michael Morris Director Parks and Recreation 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. Heidi Hovda Chairperson Arts & Cultural Commission 2. 3. BACKGROUND : The Arts and Cultural Commission (ACC) provides a program report to the City Council on a regular basis. The last report given was on June 21, 2011. The Parks and Recreation Department serves as the supporting department for the ACC. LIST OF SUPPORTING DOCUMENTS Powerpoint 21 m miss Arts... HEIN Two major sculptures installed Public art maintenance inventory 4 organizations - $146,065 in Arts Grants funded through the Hotel Occupancy Tax Fund H.W. "Buddy" Tatum i r Commissioned by City of Corpus Christi Public Art ��� 11 Downtown Police Department Building completed April 201 Ift ",.;, Public art inventory inspected for UN 2, 34 pieces of public art original cost of public art maintenance estimate buileas pue buiueap .. ,. � m \� � y � } � ( }� #} � } � } I � � � m� � } \� d� � } � \ � } .� � k - Arts maintenance 0 General Fund -Arts grants $ 146,065 HOT Fund to AGENDA MEMORANDUM for the City Council Meeting of May 21, 2013 DATE: May 1, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, icael o cctexas.co 361- 826 -3464 Update to City Council — City Golf Courses STAFF PRESENTER(S): Name Title /Position Department 1. Michael Morris Director Parks and Recreation 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. Peter Palacios Director of Golf Foresight Golf 2. 3. BACKGROUND : This is the annual report to the City Council on golf course operations at Lozano and Oso Beach Golf Courses. LIST OF SUPPORTING DOCUMENTS Powerpoint Management Agreement November Zoio - January Zoii owis Lease Agreement February aon - January aoZi k Just Completed Second Full Year CHRISTI P ri'va t'i z a t'i o n Ti' m e I ® ine RccR °r.ON Rounds of Golf - 8 7,9 0 7 (7,3 round increase) * Oso Beach 47,9 (4, increase) * Lozano 39,926 (2,627 increase) * National Average for Public Courses 33,000 Total Revenue - $ 2 , 82 5,4 1 7 ($4 increase) a- Total Expenditures - $ ($4 increase) Net Operating Surplus - $317,557 Operating Reserve - $5o,000 ($25,000 each) we City Rent Payment - $133,779 r � i � CORPUS CHRISTI F I inancial R..REAT.0N Lozano -Hole #5, #7, #g v „a `a CORPUS CHRISTI RECREATION Oso Beach -Hole #i, #3#12 ce Oso Beach - 93.5% Good or Excellent Foo Lozano - 93.o% Good or Excellent emer Overall - 93.3% Good or Excellent wool CORPUS Satisfaction CHRISTI \. \\ am Financial $3 Increased - Food and Beverage Sales, Merchandise Sales, Driving Range Use, Rounds of Golf Increased Rounds of Golf More - Winter Texans, Weekend Visits, Repeat Golfers, Non -Golf Functions , g000 Improved Course Conditions • Irrigation Improvements - repair to lines and heads, additional heads, acid injector CHRISTI \. 2012 Successe am Financial 0 2014 Budget - Project $400, 000 net operating surplus ow Purchase Additional Equipment • Mini Excavator and Dump Trailer eor Facility Improvements (Capital Surcharge Fund) 9 Lozano Paint Clubhouse, Add More Irrigation, Renovate Sand Bunkers Oso Beach Paint Clubhouse Restroom Repairs CHRISTI 2013 Goals R..REAT.ON m CORPUS CHRISTI RECREATION G O� H NoP ©p,EO AGENDA MEMORANDUM 1852 City Council Meeting of May 21, 2013 DATE: May 1, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com; (361) 826 -3729 Valerie H. Gray, P. E., Director of Storm Water & Street Operations ValerieG @cctexas.com (361) 826 -1875 Mark Van Vleck, P. E., Director of Development Services MarkVV @cctexas.com; (361) 826 -3246 FEMA Map Update and Downtown Flood Protection System Improvement Strategy Discussion STAFF PRESENTER(S): Name 1. Daniel Biles, P.E. 2. Valerie H. Gray, P.E. 3. Mark Van Vleck, P. E. Title /Position Director Director Director Department Engineering Services Storm Water & Street Ops Development Services OUTSIDE PRESENTER(S): Name 1. 2. 3. Title /Position Organization BACKGROUND The purpose of this presentation is to provide an update on the Federal Emergency Management Agency (FEMA) release of Preliminary Flood Insurance Rate Maps (FIRMs) and update on the City's strategy for Downtown Flood Protection System Improvement Strategy. LIST OF SUPPORTING DOCUMENTS Power Point For9m, I Rk, -,, M'aal: Downtown Flood Protection System Improvement Strategy Discussion Carpus Christi, TX Seclusion Example u is ATTENTION: The levee, dike, or other structure inside this boundary does not comply with Section 65.10 of the NFIP Regulations. As such, this FIRM panel will be revised at a later date to update the flood hazard information associated with this structure. The flood hazard data shown inside this boundary (which have been re- published from the March 4, 1985 FIRM for the City of Corpus Christi, Nueces and Kleburg Counties), should continue to be used until this FIRM panel is revised to update the flood hazard information in this area. 2 Corpus Chr'sti Engineering 3 fl �f Corpus Chr`sti Engineering Finish Floor must be None 2' -3' abov highest adjacent grade * Future FEMA FIRM's will not have B Zone designations, and this area will be classified as ZonE M Downtown Flood Protection Systenj fl Corpus Chr`sti Engineering to AGENDA MEMORANDUM for the City Council Meeting of May 21, 2013 DATE: May 1, 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 UPDATE TO CITY COUNCIL Presentation on Mary Rhodes Pipeline, Phase 2 STAFF PRESENTER(S): Name 1. Daniel Biles, P.E. 2. Gustavo Gonzalez, P.E. 3. Title /Position Director Director Department Engineering Services Water Operations OUTSIDE PRESENTER(S): Name 1. 2. 3. Title /Position Organization BACKGROUND This presentation will update the Council on the current status of this project. It is for informational purposes only and no action is required. LIST OF SUPPORTING DOCUMENTS PowerPoint r 81ty of Cervas ChrIS Mary Rhodes Pipeline, Phase 2 Status Update �ry Carpus Chr's Engineering Council Presentation May 21, 2013 Project Scope �L Corpus Chr'sti Engineering Project Status �L Corpus Chr'sti Engineerin Completed ✓ Environmental Permits Received from USACE ✓ Environmental and Engineering Clearance Granted by TWDB ✓ 50% Design Submittal and City Review Completed ✓ Steering Committee Ongoing • Pipeline Easement Agreements 27% Complete • Survey, Geotechnical and Cathodic Protection Investigation Underway • Coordination with AEP on Power Supply and Facility Relocation Underway Upcoming • Working Toward go% Submittal in June 2013 3 Project Schedule � \ � � � � x Corpus Chr'sti Engineering I A = ear DESIGN COMPONENTS MIER= = PROP * ACQUISITION COMPONENT5 =CONSTRUCHON COMPORWrS PROJECT BUDGET ESTIMATE Mary Rhodes Pipeline Phase 2 FUND SOURCE: Texas Water Development Board Loan ....................................... ............................... $7,860,271 WaterRevenue Bonds .................................................................. ............................... $898,637 Future Funding Required ............................................................. ............................... $1.q1 PROJECTTOTAL ........................................................................ ............................... $16o,588,339 FUND USE: 50% Construction Estimate for Pipeline /Pump Stations/ Sedimentation Basin (with 15% contingency for pipelines and 20% congingency for pump stations and sedimentation basin) ................................................................. ............................... $126,600,000 Engineer Design (Freese and Nichols, Inc)* ............................. ............................... $ 11 , 1 39,839 Legal Services & Future Misc. Project Costs (Bruce Hawn, Welder Leshin, LLP) * *., $12,812,500 PowerSupply Costs .................................................................... ............................... $2,500,000 Reimbursements: ...................................................................................................... 6 000 TOTAL........................................................................................ ............................... $16o,588,339 BALANCE .................................................................... ............................... $0 Original Design Contract awarded October 28, 2003 by Motion No. M - 394 "Legal Services Agreement awarded July 12, 2011 by Motion No. M2011 -164 V I W AGENDA MEMORANDUM for the City Council Meeting of May 21, 2013 DATE: May 13, 2013 TO: Ronald L. Olson, City Manager FROM: Mark E. Van Vleck, P.E., Director, Development Services Department MarkVV @cctexas.com (361) 826 -3246 Wastewater Trust Funds Discuss solvency of Trunk Line System Trust Fund STAFF PRESENTER(S): Name Title /Position Department 1. Mark Van Vleck, PE Director Dev Services OUTSIDE PRESENTER(S): Name Title /Position Organization 1. None BACKGROUND Provide background information on solvency of the Wastewater Trunk Line System Trust Fund and provide recommended actions to be taken. LIST OF SUPPORTING DOCUMENTS PowerPoint Presentation Purposq as To encourage orderly development Equitably spread the cost of wastewater line extensions. or Reimburse developers for constructing infrastructure where City infrastructure is deficient or non-existent. Funds are collected from developers via Acreage Fees & Surcharge Fee es; Collection Line GO Off-site Collection Lines Trunk System Trunk Lines Master Planned Lift Stations GO, Force Mains Comedian Uio Force Main to 0& Treatment Plant. station Trunk Line Force Main r� 0 stfibrr .. into Lill Trunk System Funi 2004 - First Lift Station funded Cost $2.8 Million 2005 - Balance $5.8 million 2006 to 2009- Funded four more Lift Stations Total Cost = $ million 2009= Balance $o w /over $2 million in Commitments Current = $3771c w /over $40olc in Commitments Causes r� Started Funding Master Planned Lift Stations Four still not in use com Economy hit hard times Revenue from acreage fees was down Current Costs and Revenue Average Costs Trunk lines = $839 /Ac Lift Station = $2,o47 /Ac Force Main = $652 /Ac Total m , Revenue _ $3,53 Acreage Fees = $1,528/Ac Surcharge = $269 /Ac Total = $1,797 �. �� �� Un- platted Acres = 4098 Revenue = $ 7.1 Million Trunk Line cost = $3. Million Available for Lift Stations = $4.1 Million eG Average Service Area (Acres) = 450 em Cost per lift station = s1.1 Million f Enough to build 3 Lift Stations in another area r n evemor Only increase fees to cover inflation UDC text amendment to change priority of reimbursement 9 Refunds to owners who did not receive service in to yrs Trunk Lines by date of approval by City Council Lift stations only when fund has balance of $35ok or greater, then by date of approval by City Council som Exempt the area South of Oso Creek Reduces refunds to AGENDA MEMORANDUM for the City Council Meeting of May 21, 2013 DATE: May 1, 2013 TO: Ronald L. Olson, City Manager FROM: Michael Morris, icael o cctexas.co 361- 826 -3464 Update to City Council — Parker Swimming Pool STAFF PRESENTER(S): Name 1. Michael Morris 2. 3. Title /Position Director Department Parks and Recreation OUTSIDE PRESENTER(S): Name 1. 2. 3. Title /Position Organization BACKGROUND : This presentation will provide an overview of the sequence of events leading to the closure of the Parker Swimming Pool in Flour Bluff. LIST OF SUPPORTING DOCUMENTS Powerpoint Presentation May 1S Memo to City Council Bond Counsel Opinion LIRE e Budget reductions occurred in FY2010, FY toll, FY 2012 and Net Zero Budget in FY2013 creating impacts: Reduced hours at all pools HEB Pool closed for construction Violet Pool closed Weed and Seed funds used to operate Parker Pool in lieu of closure Joe Garza Pool closed Absorb the cost of renovated & re- opened HEB Pool Exhaustion of Weed and Seed Grant Funds - Parker Pool closed a Required Budget Reductions a� Attendance Revenue And in the case of Parker Pool Condition of the Pool End of Weed and Seed Grant CORPUS CHRISTI Rat'i for Clo o f Poo Community Parks Parker Park - $600,000 for irrigation, turf, pavilion /picnic shelter, playground, walking trail , fev Aquatic Facilities West Guth Pool - $ 1.5 Million Collier Pool - $ million zvwe Bond Language • Can use Bond Zola savings after projects are complete. CORPUS CHRISTI RECREATION em Capital Improvement Funding $35 0 , 000 sk FY 2014 Operating Budget Funding Depending Upon Hours of Operation $46,000 for FY2012 Operating Hours 58,000 for Increased Hours CORPUS CHRISTI RECREATION m CORPUS CHRISTI RECREATION D W 0 41 To: Ron L. Olson,, City Manager Thru: Susan Thorpe, Assistant City Manager From: Michael Morris,, Director of Parks and Recreation -tlm Date: May 1, 2013 Subject: Parker Swimming Pool Issue/ Problem Closure of the Parker Swimming Pool in Flour Bluff. Background & Finding In 2008 the City's Parks and Recreation Department operated nine pools (Collier, Greenwood, HEB, Joe Garza, Natatorium, Oso, Parker, T.C. Ayers and West Guth). In 2009 the T.C. Ayers pool was leased to the YMCA in lieu of closure. In January of 2010 cuts were made to the Parks and Recreation Department budget, which included a $77,000 reduction in aquatics funding. In August of 2010 (FY11 Budget) additional budget cuts occurred across many City Departments, due to the dramatic downturn in revenue. The Parks and Recreation budget cuts included drastic cuts to Park Maintenance, reduction of Recreation Centers to three hours per day, closing of two pools and reduction of hours at the other pools. Parker Pool and Joe Garza Pool were scheduled to close as part of the budget cuts. Fortunately, the Parks and Recreation Department had a Weed and Seed Grant from the Federal Department of Justice for the Flour Bluff area, which allowed Parker Pool to remain open for two more years. Grant funding is no longer available to operate Parker Pool. Additional budget cuts were required in August of 2011 (FY2012 Budget). As part of the FY2013 Budget Process a determination was made to close Parker Pool due to the lack of funding to repair and operate the pool. Parker Pool revenue in FY2012 was $1,553.00 and attendance was 1,161. Budgeted cost for operations in FY2012 was approximately $46,000. The chart below illustrates the required attendance and revenue (assuming the capital repairs to make it operational) for Parker Pool to meet the average cost recovery rate (35%) of the other City swimming pools, based on P4rker Pool's current general swim hours (12 hours per week). Budget Recovery Rate Revenue Attendance Fee Needed /Person $46,000 35% $16,100 8,050 $2 $46,000 35% $16,100 5,367 $3 Note: current fee charged is $1. Below is a chart showing the budget and revenue needed to operate the Parker Pool if hours were increased to 25 general swim hours per week and achieve a 35% cost recovery rate. Budget Recovery Rate Revenue Attendance Needed Fee /Person $58,000 35% $20,300 10,150 $2 $58,000 35 0 10 $20,300 6,767 $3 Attached is a spreadsheet of revenue, expenditure, attendance and cost recovery of the swimming pools for the past three years. Parker pool has been steadily declining in condition for years, as funding has not been available to renovate it. Last summer the pool became inoperable, due to leaks under the pool in the piping that have progressed to a point of not being able to run the filter system. A formal Engineering Report to repair the facility has not been done. However, a preliminary projection is that at least $350,000 would be needed to repair the pool. A formal estimate would be needed for an accurate assessment of repairs. According to the City Attorney's Office legal opinion, funding could potentially be used from Bond 2012 Proposition 4 — Aquatics Facilities and/or Community Park Improvements (Parker Park). The Bond 2012 education language identifies specific projects to be completed in both Aquatic Facilities and Community Park Improvements. The Bond 2012 educational material is attached. A local swim club recently expressed interest in leasing the pool and offering open swim hours in addition to their swim club usage. they were willing to put some funding into fixing the pool. Upon their exploratory efforts they determined the pool was beyond their means to repair and have said they are not interested in leasing the pool in its current condition. Conclusion The Department plans to fill the pool with sand, so that it is not a safety risk for people breaking in and playing in the pool. This will also keep the pool from rising up out of the ground due to hydrostatic pressure. Aquatics Usage Breakdown rlyllo Pool Expenditures Revenue Cost Recovered Attendance Cost Per Person Collier $165,772.54 $45 , 516 . 10 ,:, �Qi7 , 8 , 1% 15524 $7.75 Natatorium $212,519.53 $113,192.93 53.26% 13734 $7.23 Oso $55,519.23 $25 45.43`% 5673 $$.97 Parker $48,984.18 $18,107.05 36.97% 2385 $22.95 Greenwood $77,025,90 $35,597.47 '4 13061, $3.03 Joe Garza $36,142.98 $4,671.00 12.92% 1759 $17.89 West Guth $57,526-80 $28,781.00 56.63% 7362 3. WEB Pool $0.00 $0.00 ..................... NA CLOSED NA Administration $129,142.99 $0.00 0.000A NA NA, Operating Total $782,634.15 $271,087.30 34.64% 59498 $8.60 Pool Expenditures Revenue Cost Recovered Attendance Cost Per Person Collier $160,986.70 $49,557,27 �Qi7 , 8 , 1% : 114159 $7.87 Natatorium $216,710.42 $148,392.44 68.47% 13448 $5.08 Oso $5 $24,545.50 42.'36% 3714 $8,99 Parker $42,834.79 $4,363.00 10,19% 1 $24.38 Greenwood $72,971.96 $31,0 43.35% 10484 $194 Joe Garza $34,015.67 $4,208.25 12.37% 1242 $24.00 West Guth $65,634.68 ii $22;723.99 '3 4177 $10.27 WEB Pool $0.00 $0.00 NA CLOSED NA Administration $111,651.14 $0.00 0.000A I NA NA Operating Total $762,745.99 $285,421.45 37.42% 48802 $9078 Pool Expenditures Revenue Cost Recovered Attendance Cost Per Person Collier $158,126.73 $51,763.52 32.74 1401 $7.14 Natatorium $189,990.70 $163,275.43 85.94% 13756 $1.94 Oso $53,097.82 $8,756.46 16.49% 4126 $10.7$ Parker $34,452.99 $1,553.00 4.51% 1161 $28.34 Greenwood $73,141.44 $22,354.16 30.56% 13589 $3.74 Joe Garza $14,333.40 $0.00 0.00% CLOSED NA West Guth $57,389.84 $15,650.35 27.27% 5.542 $7.53 WEB Pool $55,982.52 $8,327.00 14.87% 6606 $7.21 Administration $199,270.26 $0.00 O.00OA NA NA Operating Total $835,785.70 $271,679.92 32.51% 59671 $9.45 Administration Cost - This cost includes the full time staff (Program Manager, Area Supervisors and Pool Mechanics). Please note that the Pool Mechanics were not added until FY12 and the money was transferred over from Park Operations budget along with the employees. There were no budget or staff increases for the Pool Mechanic Positions. These costs are not associated with the operating cost of the individual pools. *Expenditures in the above chart do not include internal city allocation costs. t Development and Improvements tic Faciliti Repairs, $5 Upgrades and Improvements $ 3,500,000 This project will primarily focus on irrigation upgrades Collier Pool is one of the most utilized public facilities in and extensions at West Guth, Bill Witt so Creek, Hec the park system. Dedicated lap swimmers, open swim for P Garcia /Salinas, Billish, and Parker Parks as well as participants, learn to swim participants and neighbor - downtown squares La Retama and Artesian barks. Addi- hood groups patron the pool on a regular basis, maximiz- tionally, improvements may include dog parks, skate ing the Pool's capacity as well as the city resources used parks and splash pads, shade structures, landscaping, to keep it operational on a year -round basis. West Guth trails, parking improvements and other items. is the second most popular park in Corpus Christi. The Hike & Bike Trails* pool is one of the most popular places for residents In Development and Improvements the Northwest to congregate on hot summer day. $ Updates to these facilities and other neighborhood pools This project will focus on the design and construction of may include construction of splash pads, wading and zero hike and bike trails throughout the City with emphasis on depth entry pools, extension of lap lanes and swimmer extending existing trails, providing off road recreational amenities, trail experiences and creating connectivity between parks, public spaces and residential areas. Umu to It also includes completion of the Schanen Ditch Frail, Repairs, Upgrades and Improvements the Bear Creek/Oso Creek Park Trails and other trail pri- includes repairs, upgrades and improvements to the HER orities. This project will bring continuity to a currently and Al Kruse Tennis Centers, which were both built in the disjointed and segmented trail system. Funds may also 1960's. Improvements to the HEB Tennis Center will in- serve as the cash match for any grant funds identified for elude repairs to the stadium structure and replacement increasing the number of hike and bike trails throughout or restoration of the viewing deck, as well as replace - Co rpus Christi. ment of the surfaces of twelve of the Center's 24 playing O cea n rive Pa courts. Improvements to the Al Kruse Tennis Center in- Repairs and Improvements elude repairs to the floors and ceiling in the pro shop, replacement of rollers and nets, resurfacing and /or The scope of this project includes improvements and re- patching on all 10 courts. pairs to Swantner and Cole Park. Improvements to ` M 1fto�ecEs llfi+fo1 /etecf bs delfrrsfed �i t+e Swantner Park include installation of an automatic irriga tion system and repairs to sea wall. Improvements to Cole Park include completion of shoreline stabilization from Bond 2008 and other general Improvements. B U J r +& 9 r 1 0 1> t C t 9 Parker Pool — Legal Counsel Opinion on use of 2013 Bond Funds From: Binford, Clay [ mailto:cbinford()fulbright.com Sent: Wednesday, May 01, 2013 6:29 PM To: Constance Sanchez; Kuhn, Jeffrey Cc: Carlos Valdez Subject: RE: Bond funds - your question re: Parker Pool Constance — I agree with your general analysis. This would be a "priority project" under the Proposition 4 language that identifies "Community Park Development and Improvements" and "Aquatic Facilities" as categories of specific park projects that are to be targeted with the $16MM in funds. I would also say that it is an authorized expenditure under either of these categories with any savings that you might have in the other three categories of "priority" parks projects. This position is qualified somewhat by the City's information brochure, however, as further described below. Regarding the two categories providing direct authority, the informational brochure states that two specific pools and "other" City pools will be renovated with approximately $3.51VIM of this authorized $16MM. After addressing the two specifically identified pools (Collier and West Guth), Parker can certainly be addressed with remaining funds out of this $3.51VIM. Parker is listed as a specific park under the Community Park Development and Improvements category, to which $51VIM of the $16MM has been allocated, but I am less confident in avoiding controversy if you pull from this category, as the brochure focuses on other park improvements (including irrigation). I am hesitant to say Parker Pool is clearly an authorized expense out of this category, when it fits so nicely in the one described above. I hope this addresses your inquiry. Call me if you wish to discuss further. Clay Binford, Partner FULBRIGHT & Jaworski L.L.P. • 300 Convent Street, Suite 2100 • San Antonio, Texas 78205 -3792 T: 210 270 7102 • F: 210 270 7205 • cbinford(a)-fulbright.com • www.fulbright.com /cbinford to AGENDA MEMORANDUM City Council Meeting of May 21, 2013 DATE: May 16, 2013 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com; (361) 826 -3729 Presentation Alternate Construction Delivery Methods STAFF PRESENTER(S): Name Title /Position Department 1. Daniel Biles, P.E. Director Engineering Services OUTSIDE PRESENTER(S): Name Title /Position Organization None BACKGROUND Alternative contracting and delivery methods are available to Texas cities for design and construction of public works projects. In addition to the traditional Competitive Bidding Method (also referred to in the industry as the standard "Design- Bid - Build" Method), the six alternative delivery methods available to the City under Chapter 2267 of the Government Code are: (1) Competitive Sealed Proposal Method; (2) the Construction Manager -Agent Method; (3) the Construction Manager -at -Risk Method; (4) the Design -Build Method; (5) the Design -Build Method for Certain Civil Works Projects; and (6) the Job Order Contract Method. The City currently uses the Job Order Contract Method (JOC). This has proven to be very successful by providing cost effective measures and efficiencies to complete projects versus using the traditional method. LIST OF SUPPORTING DOCUMENTS Power Point Alternative Delivery Methods Council Presentation May 21, 2013 Governed by: • Chapter 271 Texas Local Government Code • Alternative Delivery Methods first authorized in 2001 • Chapter 2267 Texas Government Code • Added by Legislature in 201 • Repealed &Replaced most Alternative Delivery Sections of Chapter 271 • Seven Procurement Methods: ✓ Competitive Bidding Method (Design /Bid /Build) • Competitive Sealed Proposal Method • Construction Manager -Agent Method • Construction Manager -at -Risk Method • Design -Build Method • Design -Build Method for Certain Civil Works Projects ✓ Job Order Contract Method 2 • • Proper long term asset protection 3 Alternative Delivery Vs. Traditional U , Carpus Christi Engineerin M * Financing options for CMAR and DB — municipal financing backed by take or pay contracts and private finance options 2012 Municipal Customer S Sur ' 3,. Carpus Chr "sti En gineering Overlapping Activities Reduces Total Project Time � Corpus Chr`sti Engineerin Traditional Approach Design :.:-1 Award Construction CMAR and DB Approach Bid & Award Construction Design z a P4O Carpus Chr'sti Engineering Construction Management at Risk (CMAR) �v Carpus Chr'sti Engineering E Two separate contracts • Maintains traditional owner - designer- engineer relationship • CMAR acts as consultant to owner in design phase but as at risk general contractor during construction • Flexibility in selecting the CM • Detailed designs not required to make a selection • The Builder and Designer start the project together, increasing change flexibility (preconstruction services) • Fosters innovation in design and construction • Better cost and schedule information • CM manages material pre - purchases and vendors • Single point of responsibility for construction • Construction cost determined by competitive bid • CM has early "buy -in" to project schedule • Intimately familiar with market to assist in bid timing • Coordinates "breaking" of project in to packages to address long lead times • Allows contractor to see the project from designer's perspective and vice versa 0 • Requires more direct Owner involvement • Requires higher level of Owner management expertise • Selection process can take longer • Contracts must be structured properly to provide safeguards no longer in CMAR legislation • Cost management model (contingency and cost overruns) are more difficult to manage • Additional costs associated with pre- design services and subcontractor markups • Potential to limit competition by other contractors during the bid phase • Change of CM's accountability after guaranteed maximum price is signed • It is a variation from familiar procurement methods 10 �s Carpus Chr "sti Engineering 0 Note: For Civil Public Works, Chapter 2267 limits us to 2 per year until September 2015, thereafter the limit is 4 per year. 11 • Single point of accountability for design and construction • Enhanced owner risk posture • Change orders and disputes greatly reduced • Better cost certainty and containment • Potential to achieve the lowest cost and shortest schedule for project • Potential for increased owner control; higher project quality and design input 12 • Traditional owner design engineer relationship diminished • More rapid and earlier decision making needed by owner regarding scope and quality • Loss of some control by owner during design with price based procurements 13 Alternative Delivery Methods Carpus Chr`sti Engineering 14 Resolution adopting rules to implement Chapter 2267 of the Government Code regarding contracting and delivery methods for construction projects; delegating authority of actions authorized or required by Chapter 2267 to the City Manager or designee. WHEREAS, Chapter 2267 of the Government Code (Chapter 2267) provides for certain contracting and delivery procedures for public works construction projects; WHEREAS, Section 2267.051 provides that a governmental entity may adopt rules as necessary to implement Chapter 2267; WHEREAS, Section 2267.053(a) of the Government Code provides that the governing body of a governmental entity may delegate its authority under Chapter 2267 regarding an action authorized or required by Chapter 2267 to a designated representative, committee, or other person; and WHEREAS, Section 2267.053(b) requires notice of the delegation, the limits of the delegation, and the name or title of each person designated under Tex. Gov't Code § 2267.053(a) by rule, in a request for bids, proposals, or qualifications, or in an addendum to the request; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. In accordance with Section 2267.053(a) of the Government Code, the City Council hereby delegates its authority regarding an action authorized or required by Chapter 2267 to the City Manager or designee. SECTION 2. In accordance with Section 2267.053(b) of the Government Code, the City Manager or designee has full authority regarding any action authorized or required by Chapter 2267, except that the City Manager must obtain City Council's approve of a contract procured under Chapter 2267 that would require an expenditure of city funds exceeding the limit at which competitive bids are required under the Local Government Code; SECTION 3. In accordance with Section 2267.051 of the Government Code, the City Council hereby adopts the "Rules Implementing Chapter 2267, Government Code: Contracting and Delivery Procedures for Construction Projects" (attached and incorporated as Exhibit "A ") (the "Rules "), which may be amended from time to time by the City Manager, provided any amendment to the Rules are made in accordance with Chapter 2267 and other applicable law. SECTION 4. This Resolution takes effect immediately upon its passage. CADocuments and Settings \veronicao.CCPD1 \My Documents \construction project delivery methods - TGC CH 2267 \052113 RESO delegating GC CH 2267 authority, adopting rules to implement.docx 1 of 3 Pages ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Nelda Martinez Mayor CADocuments and Settings \veronicao.CCPD1 \My Documents \construction project delivery methods - TGC CH 2267 \052113 RESO delegating GC CH 2267 authority, adopting rules to implement.docx 2 of 3 Pages 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 CADocuments and Settings \veronicao.CCPD1 \My Documents \construction project delivery methods - TGC CH 2267 \052113 RESO delegating GC CH 2267 authority, adopting rules to implement.docx 3 of 3 Pages