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HomeMy WebLinkAboutAgenda Packet City Council - 09/23/2014Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, September 23, 2014 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. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor Kevin Jennings, Mt. Olive Lutheran Church. C. Pledge of Allegiance to the Flag of the United States to be led by Miles Risley, City Attorney. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 14-001046 Proclamation declaring September 20-27, 2014 as, "2nd Annual National Estuaries Week" Proclamation declaring September 23, 2014 as, "Leave It Better Than You Found It Pledge Partner Day" Proclamation declaring September 27, 2014 as, "Walk 'N Roll Celebration for Disability Awareness Day" Proclamation declaring the third week in September as, "Literacy Week" Swearing-in Ceremony for Newly Appointed Board, Commission and Committee Members Corpus Christi Page 1 Printed on 9/22/2014 City Council Meeting Agenda - Final September 23, 2014 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. Other H. SPECIAL PRESENTATION ITEM 2. 14-001073 Impact to Broadcast Services Regarding the Proposed APEX Windfarm Development Attachments: Agenda Memo - Broadcasters Map of farm and FAA triangle I. EXECUTIVE SESSION: (ITEMS 3 - 4) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 3. 14-001076 Executive Session pursuant to Section 551.071 of theTexas Government Code and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys on annexation, with possible action and discussion in open session. 4. 14-001069 Executive session pursuant to Section 551.071 of the Texas Corpus Christi Page 2 Printed on 9/22/2014 City Council Meeting Agenda - Final September 23, 2014 Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. J. MINUTES: 5. 14-001072 Regular Meeting of September 16, 2014 Attachments: Minutes - September 16, 2014 K. BOARD & COMMITTEE APPOINTMENTS: (NONE) L. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. M. CONSENT AGENDA: (ITEMS 6 - 22) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 6. 14-00879 Purchase of two (2) Police Interceptor sedans Motion approving the purchase of two (2) police interceptor sedans from Caldwell Country Chevrolet, Caldwell, Texas for a total amount of $55,172.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted in FY 2013-2014. Attachments: Agenda Memo - Purchase of Police Interceptors Price Sheet - Police Interceptor Sedans.pdf 7. 14-00915 Purchase of thirty-one (31) Police Vehicles Motion approving the purchase of thirty-one (31) police vehicles from Sames Ford, Corpus Christi, Texas in accordance with Bid Invitation No. BI -0224-14, based on lowest responsible bid for a total expenditure of $794,185.49. Funds have been budgeted in FY 2013-2014. Attachments: Agenda Memo - Police Vehicles Bid Tabulation - Police Vehicles.pdf Corpus Christi Page 3 Printed on 9/22/2014 City Council Meeting Agenda - Final September 23, 2014 8. 14-00918 Purchase of four (4) Tahoe Police Special Service Vehicles Motion approving the purchase of four (4) Tahoe police special service vehicles from Caldwell Country Chevrolet, Caldwell, Texas for a total expenditure of $133,088.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted in FY 2013-2014. Attachments: Agenda Memo - Tahoe Police SSV Price Sheet - Tahoe Police SSV.pdf 9. 14-001014 Purchase and Lease Purchase of Backhoes five (5) in total Motion approving the purchase of two (2) Series III Tractor Loader Backhoes and Lease Purchase of three (3) Series IV Tractor Loader Backhoes from Doggett Machinery of Corpus Christi, Texas, based on lowest responsible bid in accordance with Bid Invitation BI -0237-14 for a total amount of $364,353. The backhoe will be used by the Gas, Park & Recreation, Water and Wastewater Department. These units are replacement to the fleet. Funds for the purchase of (2) two tractor loader backhoes are available in the FY 2013-2014 Capital Outlay Budget of the Maintenance Services. Funds for the lease purchase of three (3) tractor loader backhoes will be provided through the City's lease/purchase financing program. Attachments: Agenda Memo - Purchase and Lease Purchase of Backhoes Bid Tab - BI -0237-14 10. 14-001025 Purchase and Lease Purchase of five (5) CNG Vehicles, one (1) Hybrid Vehicle and four (4) Heavy Trucks Motion approving the purchase two (2) CNG vehicles, one (1) hybrid vehicle, four (4) heavy trucks and the lease -purchase of two (2) CNG Vans and one (1) heavy trucks from Caldwell Country Chevrolet, Caldwell, Texas for a total amount of $403,915.23. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds for the purchase of the vehicles have been budgeted in FY 2013-2014. Financing for the lease -purchase of the vehicles will be provided through the City's lease -purchase financing contractor. Attachments: Agenda Memo -Purchase and Lease Purchase of five (5) CNG Vehicles, one (1 Price Sheet - Purchase and Lease Purchase of Five (5) Green City Initiative Vel 11. 14-00951 Purchase of one (1) Wheel Loader and one (1) Skid Steer Loader Motion approving the purchase of one (1) Wheel Loader and one (1) Skid Steer Loader from Waukesha - Pearce Industries Inc., Corpus Christi, Texas for the total amount of $97,519.53. The award is based Corpus Christi Page 4 Printed on 9/22/2014 City Council Meeting Agenda - Final September 23, 2014 on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funding for the purchase of the loaders is available in the Fleet Maintenance Services Fund in FY 2013- 2014. Attachments: Agenda Memo - Purchase of Wheel & Skid Steer Loader Price Sheet - Purchase of Wheel & Skid Loader 12. 14-00952 Purchase and Lease Purchase of six (6) Mowers, three (3) Tractors and seven (7) Heavy Trucks (CNG) Motion approving the purchase five (5) mowers, three (3) tractors, four (4) heavy trucks (CNG), and the lease -purchase of one (1) mower, and three (3) heavy trucks (CNG) from the following companies for the following amounts for a total amount of $1,593,206.52. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). Funding for the purchase of mowers, tractors and heavy trucks are available in the Capital Outlay Budget of the Maintenance Service Fund and the Municipal Information System Fund. Financing for the lease -purchase of mower and heavy trucks will be provided through the City's lease -purchase financing contractor. John Deere Company Cary, NC Items 1, 2, & 3 $118,389.52 Houston Freightliner Houston, TX Items 4, 5, 6, 7, 8 & 9 $1,391,583.00 Grand Total: $1,593,206.52 Kubota Tractor Corp. Torrance, CA Items 10 & 11 $83,234.00 Attachments: Agenda Memo - Purchase and Lease Purchase of Mowers, Tractors and Heavy Price Sheet - Purchase and Lease Purchase of Mowers, Tractors and Heavy Tr 13. 14-00953 Purchase and Lease of five (5) Excavators Motion approving the purchase of four (4) excavators and the lease purchase of one (1) excavator from Doggett Machinery, Corpus Christi, TX for the total amount of $221,674.00. The award is based on the lowest responsible bid in accordance to Bid Invitation BI -0223-14. Funding for the purchase of excavators is available in the Fleet Maintenance Services Fund in FY 2013-2014. Funds for the lease purchase of excavator will be provided through the City's lease purchase financing program. Attachments: Agenda Memo - Purchase and Lease Purchase of Excavator(s) Bid Tabulation - Purchase and Lease Purchase of Excavator(s) 14. 14-00954 Purchase of one (1) Forklift Motion approving the purchase of one (1) Forklift from American Corpus Christi Page 5 Printed on 9/22/2014 City Council Meeting Agenda - Final September 23, 2014 Material Handling, Inc. Watkinsville, GA for the total amount of $58,863.00. The award is based on the lowest responsible bid in accordance with Bid Invitation BI -0226-14. Funding for the purchase of the forklift is available in Fleet Maintenance Services Fund in FY 2013- 2014. Attachments: Agenda Memo - Purchase of Forklift Price Sheet - Purchase of Forklift 15. 14-00846 Approving new rental and recreational use fees for fiscal year 2014-2015 Resolution adding new rental and recreational use fees for fiscal year 2014-2015 and providing for publication; effective date; and severance of the same. Attachments: Agenda Memo - FY15 New Fees Parks and Recreation Resolution - New Fee 2014 - Parks Exhibit A - FY14 Fees Parks and Recreation 16. 14-00885 Approving engineering contract amendment no. 2 for water program management Motion authorizing the City Manager or designee to execute Amendment No. 2 to the engineering contract with URS Corporation of Corpus Christi, Texas in the amount of $250,000 for a total restated fee not to exceed $550,000 for Water Program Management. Attachments: Agenda Memo - Water Program Mgmt Project Budget - Water Program Mgmt Location Map - Water Program Mgmt Contract - Water Program Management Presentation - Water Program Mgmt 17. 14-00899 Approving amendment no. 1 to the engineering services contract for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2014-2015 Motion authorizing the City Manager or designee to execute Amendment No. 1 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $97,687, for a total restated fee of $192,292 for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2014-2015. Attachments: Agenda Memo - Salinity Monitoring Project Budget - Salinty Monitoring Location Map - Salinity Monitoring Contract - Salinity Monitoring Presentation - Salinity Monitoring Corpus Christi Page 6 Printed on 9/22/2014 City Council Meeting Agenda - Final September 23, 2014 18. 14-001031 Resolution to acknowledge the Homeless Housing and Service Program funding from TDHCA to the Mother Teresa Shelter, Inc. Resolution to acknowledge the current FY2014-2015 funding allocation of $199,843 provided by the Texas Department of Housing and Community Affairs to Mother Teresa Shelter, Inc. for the Homeless Housing and Services Program; and to have each City Council member submit a TDHCA "Uniform Previous Participation Form". Attachments: Agenda Memo - Mother Teresa Shelter Resolution Resolution - Mother Teresa Shelter Final Form - Uniform Previous Participation -City Historical Resolution 028425 19. 14-001001 Second Reading Ordinance - Accepting and appropriating grant and reimbursement funds from Texas State Library and Archives Commission for special library services (1st Reading 9/16/14) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept grants from the Texas State Library and Archives Commission ("TSLAC") in the amount of $8,373 for the Impact Grant, in the amount of $37,226 for the Special Projects Grant, in the amount of $4,822 for the Edge Implementation Reimbursement Program, and in the amount of $3,000 for the Texas Reads Grant; and appropriating $53,421 from TSLAC in the Library Grants Fund No. 1068. Attachments: Agenda Memo - appropriating Funds from TSLAC and Reimbursment (53,421) ! Ordinance - appropriating Funds from TSLAC and Reimbursment (53,421) 9.16 20. 14-00991 Second Reading Ordinance - Accepting and appropriating amendment no. 2 of the Federal Aviation Administration grant for upgrading security and perimeter road systems at the airport (1st Reading 9/16/14) Ordinance appropriating $92,864 from the Federal Aviation Administration Grant No. 3-48-0051-048-2011, Amendment No. 2, in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport; changing the FY 2013-2014 capital budget adopted by Ordinance No. 029916 by increasing revenues and expenditures by $92,864. Attachments: Agenda Memo - Grant 48 Amendment 2 Appropriation Ordinance - Grant 48 Amendment2 Appropriation FAA Award Letter - Grant 48.pdf 21. 14-00994 Second Reading Ordinance - Appropriating Federal Aviation Administration grant funds for taxiway improvements at the airport (1st Reading 9/16/14) Corpus Christi Page 7 Printed on 9/22/2014 City Council Meeting Agenda - Final September 23, 2014 Ordinance appropriating $6,500,000 from the Federal Aviation Administration Grant No. 3-48-0051-051-2014 in the No. 3020 Airport Capital Improvement Fund to rehabilitate Taxiways B, B1, B2, B3, B4 and B5 at Corpus Christi International Airport; changing the FY 2013-2014 capital budget adopted by Ordinance No. 029916 by increasing revenues and expenditures by $6,500,000. Attachments: Agenda Memo - FAA Grant 51 Appropriation Ordinance - Grant 51 Appropriation FAA Grant Agreement.pdf 22. 14-001033 Second Reading Ordinance - Amending the Capital Improvement Budget to accelerate funding for Mary Rhodes Pipeline Phase 2 due to change in fiscal year (1st Reading 9/16/14) Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by accelerating funding for the Mary Rhodes Pipeline Phase 2 in the amount of $14,000,000 from Fiscal Year 2015 to Fiscal Year 2014; and increasing expenditures in the amount of $14,000,000. Attachments: Agenda Memo - Mary Rhodes Phase 2 Ordinance - Mary Rhodes Phase 11 N. PUBLIC HEARINGS: (ITEM 23) 23. 14-00988 Public Hearing and First Reading Ordinance - Rezoning from Single -Family to Neighborhood Commercial and Multi -family at 7901 South Padre Island Drive Case No. 0814-01 Gladys Mattie Smith Marital Trust, Patricia Peterson Nuss and Chris Ann Peterson Brown: A change of zoning from "RS -6" Single Family 6 to "CN -1" Neighborhood Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2 resulting in a change to the Future Land Use Plan. The property is described as being 14.24 acres out of Lots 23 and 24, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located south of Williams Drive between Ennis Joslin Road and Paul Jones Avenue. Planning Commission and Staff Recommendation (August 13, 2014): Approval of the rezoning from the "RS -6" Single -Family 6 District to "CN -1" Neighborhood Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Gladys Mattie Smith Marital Trust, Patricia Peterson Nuss and Chris Ann Peterson Brown ("Owners"), by changing the UDC Zoning Map in reference to a 14.24 -acre tract of land out of Lots 23 and Corpus Christi Page 8 Printed on 9/22/2014 City Council Meeting Agenda - Final September 23, 2014 24, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District on Tract 1 and to the "RM -3" Multifamily 3 District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Gladys Mattie Smith Marital Trust Ordinance - Gladys Mattie Smith Marital Trust Aerial Map - Gladys Mattie Smith Marital Trust Zoning Report - Gladys Mattie Smith Marital Trust O. REGULAR AGENDA: (ITEMS 24 - 25) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 24. 14-001028 Second Reading Ordinance - Adopting the Proposed FY 2014-2015 Operating Budget (1st Reading 9/16/14) Ordinance adopting the City of Corpus Christi budget for the ensuing fiscal year beginning October 1, 2014; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. Attachments: Agenda Memo - Adoption of FY 2014-2015 Operating Budget, 1st Reading Budget Ordinance (3rd revision) - FY 2014-2015 Amendment Sheet 2- FY2015 25. 14-001030 Second Reading Ordinance - Adjusting Water, Wastewater and Gas Rates (1st Reading 9/16/14) Ordinance amending the Code of Ordinances, Chapter 55, regarding water, gas and wastewater rates and fees; water laboratory charges; compressed natural gas rates and charges; providing for publication, providing for severance, and providing effective date. Attachments: Agenda Memo - Ordinance Adjusting Water, Wastewater and Gas Rates, 1st Rf Ordinance - Utility FY 2015 V5 P. FIRST READING ORDINANCES: (ITEMS 26 - 31) 26. 14-00979 First Reading Ordinance - Approving the Capital Improvement Budget for fiscal year 2014-2015 Ordinance approving the Fiscal Year 2014 - 2015 Capital Budget and Capital Improvement Planning Guide in the amount of $265,257,900. Attachments: Agenda Memo - CIP Budget Ordinance - CIP Budget Presentation - Fiscal Year 2014 2015 CIP Corpus Christi Page 9 Printed on 9/22/2014 City Council Meeting Agenda - Final September 23, 2014 27. 14-001054 First Reading Ordinance - Appropriating fund proceeds in the City's Capital Improvement Program Funds Ordinance appropriating funds as detailed in Attachment 1 summarized as follows: $19,293.27 in AIRPORT interest earnings for the City's match for future FAA Grant Projects; $201,380.61 in BOND PROCEED interest earnings for Bayfront, Public Facilities, Fire, Police, Public Health and Safety, Sanitary Landfill, Convention Center, Parks, and Streets for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; $272,814.59 in UTILITY REVENUE BOND interest earnings for the support of the City's approved Capital Improvement Program; $135,529.63 in SPECIALTY BOND PROCEED interest earnings for Sales Tax Bonds for the Seawall, Packery Channel Bonds, and Energy Efficiency Bonds for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; and appropriating $239,234.33 in OTHER UNAPPROPRIATED FUNDS for Street Assessments, Construction Yard Lease Rental, Sale of Scrap, and Texas Department of Transportation Refund for the repair of city street due to private construction and other street expenses to be approved by City Council; and Changing the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to increase expenditures by total of $868,252.43. Attachments: Agenda Memo - Appropriations Ordinance - Appropriation Attachment One - Unappropriated Revenue 28. 14-001053 First Reading Ordinance - Appropriating funds for Corpus Christi Downtown Revitalization Alliance (CCDRA) Development Director Ordinance appropriating $30,000 in the Parking Improvement Fund 1040 from Parking Meter Collection revenue for payment to the Corpus Christi Downtown Revitalization Alliance and changing the FT2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing expenditures in the Parking Improvement Fund by $30,000. Attachments: Agenda Memo - Parking Imp Fund 09.23.2014 Ordinance - Parking Improvemnet Fund 2014 - Police Agreement - CCDRA signed 29. 14-001075 First Reading Ordinance - Appropriating funds to pay for emergency repairs to Police Department roof. Ordinance appropriating $267,214.82 from the unreserved fund balance in the No. 1020 General Fund for emergency repairs to the roof of the Corpus Christi Page 10 Printed on 9/22/2014 City Council Meeting Agenda - Final September 23, 2014 Police Department; and changing the FY 2013-2014 operating budget adopted by Ordinance No. 029915 by increasing expenditures by $267,214.82. Attachments: Agenda Memo - Emergency PD Roof Repairs 09.17 Ordinance - PD roof repairs CM Memo - Emergency Roof Repairs 30. 14-00964 First Reading Ordinance- Appropriating funds to refund wastewater lot/acreage fees paid Ordinance appropriating $5,928.97 from the No. 4220 Wastewater Trunk System Trust Fund to refund Jack R. Day, Jr., the wastewater lot/acreage fee paid since wastewater services are not available nor will it be available within the next 5 years as related to Oak Terrace Unit 2, Block 4, Lot 6A. Attachments: Agenda Memo - Oak Terrace Unit 2 Ordinance - Appropriation- Oak Terrace Unit 2 Location Map - Appropriation,Oak Terrace Unit 2 Refund Request - 934 Graham Road - Appropriation,Oak Terrace Unit 2 31. 14-001032 First Reading Ordinance - Approving a wastewater reimbursement agreement and appropriating funds for property located on the south side along Holly Road, east of Rodd Field Road (SH 357) and west of Encino Drive. Ordinance authorizing execution of a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Palm Land Investment, Inc. ("Developer"), for the construction of a wastewater collection line and appropriating $243,846.90 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo - WW Sandy Creek Ordinance - WW Sandy Creek Aerial Map - WW Sandy Creek Agreement - WW Sandy Creek Q. FUTURE AGENDA ITEMS: (ITEMS 32 - 37) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 32. 14-00923 Approving a construction contract and an engineering contract for construction observation services for the Wastewater Service Line Repair and Clean-out Installation and Man -hole Ring and Cover Adjustment Program FY 2014-2015 Motion authorizing the City Manager or designee to execute a Corpus Christi Page 11 Printed on 9/22/2014 City Council Meeting Agenda - Final September 23, 2014 construction contract with RCM Constructors, Inc. of Corpus Christi, Texas in the amount of $657,391 for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2014-2015 for the base bid and to execute an engineering contract with Engineering & Construction Management Services, LLCof Corpus Christi, Texas in the amount of $69,300, for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2014-2015 for construction observation services. Attachments: Agenda Memo - V V Srvc Line Protect Budget - V M/ Srvc Line Location Map - WVV Srvc Line Presentation - VWV Srvc Line Contract - WVV Srvc Line 33. 14-001029 Purchase Six Months End of Lease Extension from ePlus for Mobile Data Terminals used by Public Safety Motion authorizing the City Manager or designee to execute all documents necessary to purchase six months end of lease extension from ePlus of Herndon, Virginia for 207 Public Safety mobile data terminals in the amount of $31,643.43 per month for a total cost of $189,860.58. Funds are available in the MIS FY2013-2014 budget. Attachments: Agenda Memo - ePlus Extension End of Lease Options - ePlus 34. 14-001041 Purchase of Localizer Array System for the Corpus Christi International Airport Motion approving the purchase of a localizer array system for the Corpus Christi International Airport (CCIA) with Thales ATM, U.S., Overland Park, Kansas, based on sole source for the total amount of $268,612.00. Ninety (90) percent of the project is funded through a Federal Administration Grant with a ten (10) percent local match. Attachments: Agenda Memo - Localizer Array System Price Sheet - Localizer Array System 35. 14-001065 Installation of Monitors for the Multi -User Flight Information Display System Motion approving the installation of twenty nine (29) monitors and related materials at the Corpus Christi International Airport (CCIA) for the Multi -User Flight Information Display System (MUFIDS) from MCFSA LTD., San Antonio, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of Corpus Christi Page 12 Printed on 9/22/2014 City Council Meeting Agenda - Final September 23, 2014 $155,050.00. Funds have been budgeted in the Airport Fund No. 4610 in FY 2013- 2014. Attachments: Agenda Memo - Installation of Monitors for the Multi -User Flight Information Disi Price Sheet - Installation of Monitors for the Multi -User Flight Information Displa' 36. 14-001062 Approving a legal services contract with Tim Brown for general water issues Motion to authorize the City Manager or designee to execute a legal services agreement with Timothy L. Brown to advise the City on water rights and general water law issues, at monthly rate of $7,000 plus expenses. Attachments: Agenda Memo - Tim Brown Contract Resume - Timothy L Brown Letter Agreement - Tim Brown Legal Services Agmt 2014-2015 37. 14-001079 Approval of Tax Abatement Guidelines Resolution adopting the City's Guidelines and Criteria for Granting Tax Abatements Attachments: Agenda Memo - Guidelines Resolution - Guidelines R. BRIEFINGS TO CITY COUNCIL: (ITEM 38) The following items are for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 38. 14-001035 Economic Development Overview Attachments: Agenda Memo - Economic Development Overview Presentation - Economic Development Presentation 2014 S. ADJOURNMENT Corpus Christi Page 13 Printed on 9/22/2014 AGENDA MEMORANDUM City Council Meeting of September 23, 2014 DATE: TO: September 17, 2014 Ronald L. Olson, City Manager FROM: Kristina Leal, Mayor's Chief of Staff KristinaL@cctexas.com (361) 826-3101 Impact to Broadcast Services Regarding the Proposed APEX Windfarm Development OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Don Dunlap President and General Manager South Texas Public Broadcasting System Representing Local Area Broadcasters BACKGROUND: Presentation regarding the impact to local area broadcast services as it relates to the proposed APEX windfarm development located at Chapman Ranch. LIST OF SUPPORTING DOCUMENTS: Maps Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, September 16, 2014 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. Mayor Martinez called the meeting to order. B. Invocation to be given by Reverend Yul Ibay, Holy Cross Catholic Church. Reverend Yul Ibay gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Police Commander Todd Green. Police Commander Todd Green led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and stated that a quorum of the Council and the required Charter Officers were present to conduct the meeting. City Secretary Huerta announced that Council Member Leal has been granted a leave of absence. (Council Member Scott arrived at 11:35 a.m.) Charter Officers: Deputy City Manager Margie Rose, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 8 - Mayor Nelda Martinez,Council Member Kelley AIIen,Council Member Rudy Garza,Council Member David Loeb,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Mark Scott Absent: 1 - Council Member Priscilla Leal E. Proclamations / Commendations (NONE) G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and referred to City Manager's Comments. Deputy City Manager Rose stated that there were no comments. Corpus Christi Page 1 Printed on 9/18/2014 City Council Meeting Minutes September 16, 2014 a. Other None. I. MINUTES: 3. Regular Meeting of September 9, 2014 Mayor Martinez deviated from the agenda and referred to the approval of the minutes. Council Member McIntyre made a motion to approve the minutes, seconded by Council Member Scott and passed unanimously. J. BOARD & COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 4 - 23) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. Council Member McIntyre requested that Item 9 be pulled for individual consideration. The remaining consent agenda items were passed by one vote as follows: Aye: 8 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 4. Approving the purchase of four hundred (400) AV 3000 HT Masks for the Fire Department Motion approving the purchase of four hundred (400) AV 3000 HT Mask from Municipal Emergency Services Inc., Houston, Texas in accordance with Bid Invitation No. BI -0234-14 based on the lowest responsible bid for a total expenditure of $83,556.00. Funds are available in the General Fund Budget FY 2013- 2014. This Motion was passed on the Consent Agenda. Enactment No: M2014-115 5. Approving supply agreements for food items for the Elderly Nutrition Program (ENP) Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Corpus Christi Page 2 Printed on 9/18/2014 City Council Meeting Minutes September 16, 2014 Governments Bid Invitation No. CBCOG-14-3 for food items which include canned and frozen fruit and vegetables; meats and condiments, for an estimated six month expenditure of $235,260.88, of which $117,630.43 is required for the remainder of FY 2013-2014. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or designee. Funds are available through the Meals on Wheels Grant. LaBatt Food Service Corpus Christi, Texas 181 Line Items $125,653.64 Performance Food Group Victoria, Texas 113 Line Items $109,607.24 Grand Total: $235,260.88 This Motion was passed on the Consent Agenda. Enactment No: M2014-116 6. Approving the purchase of the Community Development and Regulation (CDR) module of Infor for the Health Department Motion authorizing the City Manager or designee to execute all documents necessary to approve the purchase of additional licenses and consulting hours provided sole source from Infor (US), Inc., Alpharetta, GA, for a total expenditure of $76,263. Funds are available in the Health Department FY2013-2014 budget. This Motion was passed on the Consent Agenda. Enactment No: M2014-117 7. Approving an interlocal agreement for local emergency response planning 8. Resolution authorizing the City Manager, or his designee, to execute a renewal of an Interlocal Cooperation Agreement for a term of five (5) years for the Local Emergency Response Planning Specific to Extremely Hazardous Substances with Nueces County, City of Corpus Christi, and Port of Corpus Christi Authority. This Resolution was passed on the Consent Agenda. Enactment No: 030276 Authorizing an interlocal agreement with West Oso School District for prevention and intervention services from the Juvenile Assessment Center Corpus Christi Page 3 Printed on 9/18/2014 City Council Meeting Minutes September 16, 2014 10. 11. Resolution authorizing the City Manager, or designee, to execute an interlocal cooperation agreement with West Oso Independent School District regarding prevention and intervention programs. This Resolution was passed on the Consent Agenda. Enactment No: 030277 Approving the renewal of a joint funding agreement for maintaining accurate records of all inflows and releases in the City's water reservoir Motion authorizing the City Manager or his designee to renew an annual Joint Funding Agreement for Water Resources Investigation with the United States Geological Society (USGS), U.S. Department of the Interior, for automated river gauging stations to gather and maintain accurate records of all inflows and releases in the City's water reservoir, with the City's cost to be $140,860. This Motion was passed on the Consent Agenda. Enactment No: M2014-118 Approving an engineering design contract for interim sludge management improvements at O. N. Stevens water treatment plant Motion authorizing the City Manager or designee to execute the engineering contract with LNV, Inc. of Corpus Christi, Texas in the amount of $119,600 for the O.N. Stevens Water Treatment Plant Interim Sludge Management Improvements for design, bid and construction phase services. This Motion was passed on the Consent Agenda. Enactment No: M2014-119 12. Approving amendment no. 4 of an engineering monitoring contract for the Watershed Monitoring Program Motion authorizing the City Manager or designee to execute Amendment No. 4 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $98,439, for a total restated fee of $555,081 Nueces River Water Quality, Oso Creek Water Level & City of Corpus Christi Meteorological Monitoring 2014-2015. This Motion was passed on the Consent Agenda. Enactment No: M2014-120 Corpus Christi Page 4 Printed on 9/18/2014 City Council Meeting Minutes September 16, 2014 13. Authorizing a design services contract for the Police Vehicle Impound Yard and Garage Phase 2 project (Bond 2012) 14. Motion authorizing the City Manager, or designee, to execute a Design Services Contract with Freese and Nichols from Corpus Christi, Texas in the amount of $110,168 for the Police Vehicle Impound Yard and Garage Phase 2 for the design, bid, and construction phase services (Bond 2012). This Motion was passed on the Consent Agenda. Enactment No: M2014-121 Approving an engineering services contract for groundwater monitoring and related services at the JC Elliott Municipal Landfill Motion authorizing the City Manager, or designee, to execute an engineering contract with Tolunay-Wong Engineers of Corpus Christi, Texas in the amount of $133,700.00 for Groundwater Monitoring and Related Services at J.0 Elliott Landfill. This Motion was passed on the Consent Agenda. Enactment No: M2014-122 15. Approving an engineering services contract for groundwater monitoring and related services at Cefe Valenzuela Landfill Motion authorizing the City Manager, or designee, to execute an engineering contract with Tolunay-Wong Engineers of Houston, Texas in the amount of $138,280.00 for Groundwater Monitoring and Related Services at Cefe Valenzuela Landfill. This Motion was passed on the Consent Agenda. Enactment No: M2014-123 16. Amending the Corpus Christi Downtown Management District agreement to align with the City's fiscal year 17. Resolution authorizing the City Manager or designee to amend the Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District to align with the City's new fiscal year. This Resolution was passed on the Consent Agenda. Enactment No: 030279 Second Reading Ordinance - Accepting and appropriating grant funds for the Edward Byrne Memorial Justice Assistance Grant (JAG)(1st Reading 9/9/14) Corpus Christi Page 5 Printed on 9/18/2014 City Council Meeting Minutes September 16, 2014 18. Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $168,613 for the FY 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and Appropriating the $168,613 in the No. 1061 Police Grants Fund to fund the enhancement of law enforcement efforts by the Police Department and Nueces County under an established interlocal agreement which provides that 50% of the funds be distributed to Nueces County. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030280 Second Reading Ordinance - Accepting and appropriating grant funding for the Senior Companion Program (SCP)(1st Reading 9/9/14) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $264,007 for the Senior Companion Program with a City match of $76,903; and appropriating the $264,007 grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030281 19. Second Reading Ordinance - Accepting and appropriating grant funds for the Elderly Nutrition Program (ENP)(1st Reading 9/9/14) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a $427,397 final grant from the Area Agency on Aging of the Coastal Bend in the No. 1067 Parks and Recreation grants fund for the FY 2014 Senior Community Services, Elderly Nutrition Program. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030282 20. Second Reading Ordinance - Accepting and appropriating grant funds for the Retired Senior Volunteer Program (RSVP)(1st Reading 9/9/14) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $47,934.00 grant awarded by the Corporation for National and Community Service for the Retired Senior Volunteer Program; appropriating the $47,934.00 grant in the Corpus Christi Page 6 Printed on 9/18/2014 City Council Meeting Minutes September 16, 2014 No. 1067 Parks and Recreation Grants Fund. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030283 21. Second Reading Ordinance - Accepting and appropriating a continued services "Bundle" grant from the Texas Department of State Health Services for continued clinical services (1st Reading 9/9/14) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a total grant amount of $722,821 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide continued clinical services for the contract period of September 1, 2014 through August 31, 2015; and to ratify acceptance of the grants to begin as of September 1, 2014. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030284 22. Second Reading Ordinance - Rezoning from the "RE" Residential Estate District to the "CG -2" General Commercial District, on property located at 822 Graham Road (Public Hearing held 7/22/14)(Tabled 7/29/14) (Postponed 8/26/14)(1st Reading 9/9/14) Case No. 0614-03 CCSemloh Partnership, Ltd.: A change of zoning from the "RE" Residential Estate District to the "CG -2" General Commercial District. The property to be rezoned is described as a 10.861 -acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Compton Road between the intersections with First National Boulevard and Waldron Road. Staff Recommendation: Denial of the change of zoning from the "RE" Residential Estate District to the "CG -2" General Commercial District and, in lieu thereof, approval of a Special Permit for a boat storage facility subject to ten conditions. Planning Commission Recommendation: Approval of the change of zoning from the "RE" Residential Estate District to the "CG -2" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by CCSemloh Partnership, Ltd. ("Owner"), by changing the Corpus Christi Page 7 Printed on 9/18/2014 City Council Meeting Minutes September 16, 2014 UDC Zoning Map in reference to a 10.861 -acre tract of land out of Lot 10, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, from the "RE" Residential Estate District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030285 23. Second Reading Ordinance - Amending the board composition for Reinvestment Zone Number Three (1st Reading 9/9/14) 9. Amending Ordinance No. 027996, adopted on December 16, 2008, which designated a certain area within the jurisdiction of the City of Corpus Christi as a tax increment financing district known as "Reinvestment Zone Number Three, City of Corpus Christi, Texas" (the "Reinvestment Zone"), which was amended by Ordinance No. 028136 on April 28, 2009 and Ordinance No. 029403 on March 2, 2012, to correct the Board appointment procedure to comply with state law on tax increment participation; providing for severance; and providing for publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030286 Approving a process of notification for the sale of parks and use of proceeds for parks sold subject to the 2014 election ballot proposition Resolution dedicating the proceeds from the sale of park lands exclusively for the improvement of existing parks; requiring notification to property owners within 500 feet of a park land to be sold; and providing for an effective date. Mayor Martinez referred to Item 9. Council Member McIntyre made a motion to amend the resolution to require a sign to be posted in the parks 10 days prior to sale as well as notification to property owners, seconded by Council Member Scott and passed unanimously. This Resolution was passed and approved as amended with the following vote: Aye: 8 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 030278 M. PUBLIC HEARINGS:(NONE) Corpus Christi Page 8 Printed on 9/18/2014 City Council Meeting Minutes September 16, 2014 N. REGULAR AGENDA: (ITEM 24) 24. Adopting the Fiscal Year 2014 Property Tax Rate Ordinance setting a property tax rate of $0.585264 per $100 valuation which is effectively a 7.71% increase over the effective tax rate; and declaring an emergency. Mayor Martinez referred to Item 24. Director of Financial Services Constance Sanchez stated that the purpose of this item is to set the property tax rate of $0.585264 per $100 valuation which is a 7.71% increase over the effective tax rate. Ms. Sanchez stated that recommended tax rate is the same rate as the prior year. Mayor Martinez called for comments from the public. Susie Luna Saldana asked the City Council to consider that even if the tax rate stays the same as last year, taxes will still increase because of the increase in appraised values. Council Member Loeb made a motion that the property tax rate be increased by the adoption of a tax rate of $0.585264 per $100 valuation, which is effectively a 7.71% increase in the tax rate, seconded by Council Member Garza and passed unanimously. This Ordinance was passed on emergency and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 030287 O. FIRST READING ORDINANCES: (ITEMS 25 - 28) 25. First Reading Ordinance - Accepting and appropriating grant and reimbursement funds from Texas State Library and Archives Commission for special library services Ordinance authorizing the City Manager or designee to execute all documents necessary to accept grants from the Texas State Library and Archives Commission ("TSLAC") in the amount of $8,373 for the Impact Grant, in the amount of $37,226 for the Special Projects Grant, in the amount of $4,822 for the Edge Implementation Reimbursement Program, and in the amount of $3,000 for the Texas Reads Grant; and appropriating $53,421 from TSLAC in the Library Grants Fund No. 1068. Mayor Martinez referred to Item 25. Director of Libraries Laura Garcia stated that the purpose of this item is to accept and appropriate grants from the Texas State Library and Archives Commission in the amount of $53,421. There were no comments from the Council or the public. This Ordinance was passed Corpus Christi Page 9 Printed on 9/18/2014 City Council Meeting Minutes September 16, 2014 on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 28. First Reading Ordinance - Approving the Southside FM2444 Annexation Ordinance annexing Laureles Farm Tracts adjacent to the City limits located along and on both sides of FM 2444, areas south of FM 2444 and west of County Road 41, commonly referred to as a portion of the Chapman Ranch and a portion of the proposed APEX Wind Farm; providing for a Municipal Services Plan for the annexed tracts of land; providing that the owner and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions and Rules; providing for amendment of the official maps of the City of Corpus Christi; designating area to be added to City Council District number 5; providing for severence; and providing an effective date. Mayor Martinez referred to Item 28. City Secretary Huerta announced that Council Member Magill would abstain from the discussion and vote on this item. Executive Director of Utilities Mark Van Vleck stated that the purpose of this item is to have the first reading on the annexation ordinance for Southside FM 2444. Mr. Van Vleck presented the annexation schedule, a map of the proposed wind farm and annexation area; the area profile; and services. Mayor Martinez called for comments from the public. Susie Luna Saldana and Jack Gordy spoke in opposition to the annexation. Abel Alonzo and Prasant Chhotu spoke in support of the annexation. Council members spoke regarding the effects that wind turbines could place on air traffic safety, the military presence, and the ability to receive signals for television and radio communications; the Joint Land Use Study with the Navy; and the schedule for the second reading of the ordinance. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 1 - Council Member Magill 26. First Reading Ordinance - Accepting and appropriating amendment no. 2 of the Federal Aviation Administration grant for upgrading security and perimeter road systems at the airport Ordinance appropriating $92,864 from the Federal Aviation Corpus Christi Page 10 Printed on 9/18/2014 City Council Meeting Minutes September 16, 2014 Administration Grant No. 3-48-0051-048-2011, Amendment No. 2, in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport; changing the FY 2013-2014 capital budget adopted by Ordinance No. 029916 by increasing revenues and expenditures by $92,864. Mayor Martinez referred to Item 26. Director of Aviation Fred Segundo stated that the purpose of this item is to appropriate funding for airport projects associated with the Federal Aviation Administration Grant 48, Amendment 2 in the amount of $92,864 to upgrade security and perimeter road systems at the Corpus Christi International Airport. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 27. First Reading Ordinance - Appropriating Federal Aviation Administration grant funds for taxiway improvements at the airport Ordinance appropriating $6,500,000 from the Federal Aviation Administration Grant No. 3-48-0051-051-2014 in the No. 3020 Airport Capital Improvement Fund to rehabilitate Taxiways B, B1, B2, B3, B4 and B5 at Corpus Christi International Airport; changing the FY 2013-2014 capital budget adopted by Ordinance No. 029916 by increasing revenues and expenditures by $6,500,000. Mayor Martinez referred to Item 27. Director of Aviation Fred Segundo stated that the purpose of this item is to appropriate funding for airport projects associated with Federal Aviation Administration Grant No. 51 in the amount of $6,500,000 to be used to rehabilitate various taxiways at the Corpus Christi International Airport. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 Corpus Christi Page 11 Printed on 9/18/2014 City Council Meeting Minutes September 16, 2014 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez deviated from the agenda and called for comments from the public. Jack Gordy requested that the Code Enforcement Department be investigated for not enforcing code violations. Susie Luna Saldana spoke regarding the increases in City fees and the burden to taxpayers. Linda Walters stated that the lights on Interstate 37, Exit 2 have been out for three months and requested that the lights be repaired for safety reasons. Mariah Lauridzen recommended that the Council consider changing downtown streets from one-way to two-way as a project to revitalize the downtown area. John Helm and Skip Butler thanked the Council for supporting the annexation on the southside. Juan Ariaza spoke regarding taking the politics out of City policy and read portions of the City's Code of Ethics. Carrie Robertson Meyer spoke in opposition to the proposed annexation and suggested delaying action until hearing comments from the Navy regarding this issue. Cindi Mutchler expressed appreciation to the City Council for their work and thanked them for their service. H. EXECUTIVE SESSION: (ITEMS 1 - 2) 1. 2. Mayor Martinez deviated from the agenda and referred to the day's executive sessions. The Council went into executive session. Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. This E -Session Item was discussed in executive session Executive Session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding legal issues related to uninterruptible water rates and potential production of uninterruptible waterwith possible discussion and action in open session. This E -Session Item was discussed in executive session. City Secretary Huerta announced that Council Member Riojas recused herself from the discussion on this item. FIRST READING ORDINANCES: (ITEM 29) 29. First Reading Ordinance - Amending the Capital Improvement Budget to accelerate funding for Mary Rhodes Pipeline Phase 2 due to change in fiscal year Ordinance amending the FY 2014 Capital Improvement Budget Corpus Christi Page 12 Printed on 9/18/2014 City Council Meeting Minutes September 16, 2014 adopted by Ordinance No. 029916 by accelerating funding for the Mary Rhodes Pipeline Phase 2 in the amount of $14,000,000 from Fiscal Year 2015 to Fiscal Year 2014; and increasing expenditures in the amount of $14,000,000. Mayor Martinez referred to Item 29. Director of Financial Services Constance Sanchez stated that the purpose of this item is to amend the FY2014 Capital Improvement Budget by increasing expenditures by $14,000,000 to accelerate the funding for the Mary Rhodes Pipeline Phase 2. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 2 - Council Member Allen and Council Member Leal Abstained: 0 SPECIAL BUDGET RELATED ITEMS (ITEMS 30 - 32) 30. First Reading Ordinance - Adopting the Proposed FY 2014-2015 Operating Budget Ordinance adopting the City of Corpus Christi budget for the ensuing fiscal year beginning October 1, 2014; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. Mayor Martinez referred to Item 29. Assistant Manager of Management and Budget Eddie Houlihan stated that the purpose of this item is to adopt the first reading of the proposed FY2014-2015 Operating Budget, with the proposed revenues of $832,787,546 and proposed expenditures of $830,117,690. Mr. Houlihan stated that the amendment sheet includes the water rate option discussed last week to use the revenue fund balance by $8.6 million to reduce the rates and a correction to the golf capital reserves. Council Member McIntyre made a motion to amend to reduce the revenue by $8.6 million in the Water fund as per the amendment sheet, seconded by Council Member Scott and passed unanimously. Council Member Scott made a motion to decrease revenue by $50,000 and increase expenditures by $50,000 in the Golf Capital Reserve Fund, seconded by Council Member McIntyre and passed unanimously. Council Member Scott made a motion to amend the budget to include funding for the peer review and Assistant Auditor position in the amount of $18,500 from reserve appropriations, seconded by Mayor Martinez and passed unanimously. Council Member McIntyre made a motion directing the City Manager to place the amendment for 13 additional officers to the Crime Control and Prevention District budget on the October 14, 2014 City Council agenda for consideration, Corpus Christi Page 13 Printed on 9/18/2014 City Council Meeting Minutes September 16, 2014 seconded by Council Member Loeb and passed unanimously. Council Member Loeb made a motion to amend the budget by $200,000, with no project exceeding $50,000, from the Convention Center Maintenance Fund to create a fund for improvements to public spaces involving tourism, seconded by Council Member McIntyre. A brief discussion ensued regarding the funding in the reserves for the Hotel Occupancy Tax (HOT) fund and the project list for convention center maintenance. Council Member Loeb amended the motion to take the funds out of reserves, seconded by Council Member McIntyre and passed unanimously. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 030287 31. First Reading Ordinance - Adjusting Water, Wastewater and Gas Rates Ordinance amending the Code of Ordinances, Chapter 55, regarding water, gas and wastewater rates and fees; water laboratory charges; compressed natural gas rates and charges; providing for publication, providing for severance, and providing effective date. Mayor Martinez referred to item 31. Assistant Manager of Management and Budget Eddie Houlihan stated that the purpose of this item is to adjust the water, wastewater and gas rates that will support the proposed budget. Mr. Houlihan said the rates reflect the reduction that was presented as an option at the last meeting. There were no comments from the Council or the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Allen, Council Member Garza, Council Member Loeb, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 1 - Council Member Leal Abstained: 0 Enactment No: 030288 P. FUTURE AGENDA ITEMS: (ITEMS 32 - 45) Mayor Martinez referred to Future Agenda Items. Deputy City Manager Rose stated that staff had a presentation on Item 36 and Items 37-45 would be presented under one presentation. 32. Approving new rental and recreational use fees for fiscal year 2014-2015 Corpus Christi Page 14 Printed on 9/18/2014 City Council Meeting Minutes September 16, 2014 Resolution adding new rental and recreational use fees for fiscal year 2014-2015 and providing for publication; effective date; and severance of the same. This Resolution was recommended to consent agenda 33. Development Agreements for Property Owners with Exemptions in the Southside FM 2444 Annexation Area Resolution granting a Development Agreement for properties in the Proposed Southside FM 2444 Annexation Area where the property contains an agricultural, wildlife management, or timber land exemption established by the Nueces County Appraisal District and where the property owner has requested the City grant a development agreement in lieu of annexation on their qualifying property; providing for a 15 year time limit; providing that the City will not annex land that is the subject of a Development Agreement; providing that the development agreement authorizes the City to enforce all regulations and planning authority of the municipality provided the authority does not interfere with the use of the area for agriculture, wildlife management, or timber land uses; providing that the area under the Development Agreement is considered adjacent or contiguous to the city; providing that the agreement is automatically terminated if the landowner files any type of subdivision plat or related development document regardless of how the property is appraised by the Nueces County Appraisal District; providing that the agreement will be filed with the Nueces County Clerk; providing for severance; and providing an effective date. This Resolution was recommended to consent agenda 34. Approving engineering contract amendment no. 2 for water program management Motion authorizing the City Manager or designee to execute Amendment No. 2 to the engineering contract with URS Corporation of Corpus Christi, Texas in the amount of $250,000 for a total restated fee not to exceed $550,000 for Water Program Management. This Motion was recommended to consent agenda 35. Approving amendment no. 1 to the engineering services contract for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2014-2015 Motion authorizing the City Manager or designee to execute Amendment No. 1 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $97,687, for a total restated fee of $192,292 for the Nueces Corpus Christi Page 15 Printed on 9/18/2014 City Council Meeting Minutes September 16, 2014 Bay System Salinity and Freshwater Inflow Monitoring 2014-2015. This Motion was recommended to consent agenda 36. Resolution to acknowledge the Homeless Housing and Service Program funding from TDHCA to the Mother Teresa Shelter, Inc. Resolution to acknowledge the current FY2014-2015 funding allocation of $199,843 provided by the Texas Department of Housing and Community Affairs to Mother Teresa Shelter, Inc. for the Homeless Housing and Services Program; and to have each City Council member submit a TDHCA "Uniform Previous Participation Form". This Resolution was recommended to consent agenda SPECIAL VEHICLE PURCHASES (ITEMS 37 - 45) 37. Purchase of two (2) Police Interceptor sedans Motion approving the purchase of two (2) police interceptor sedans from Caldwell Country Chevrolet, Caldwell, Texas for a total amount of $55,172.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted in FY 2013-2014. This Motion was recommended to consent agenda 38. Purchase of thirty-one (31) Police Vehicles Motion approving the purchase of thirty-one (31) police vehicles from Sames Ford, Corpus Christi, Texas in accordance with Bid Invitation No. BI -0224-14, based on lowest responsible bid for a total expenditure of $794,185.49. Funds have been budgeted in FY 2013-2014. This Motion was recommended to consent agenda 39. Purchase of four (4) Tahoe Police Special Service Vehicles Motion approving the purchase of four (4) Tahoe police special service vehicles from Caldwell Country Chevrolet, Caldwell, Texas for a total expenditure of $133,088.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted in FY 2013-2014. This Motion was recommended to consent agenda 40. Purchase and Lease Purchase of Backhoes five (5) in total Corpus Christi Page 16 Printed on 9/18/2014 City Council Meeting Minutes September 16, 2014 Motion approving the purchase of two (2) Series 111 Tractor Loader Backhoes and Lease Purchase of three (3) Series IV Tractor Loader Backhoes from Doggett Machinery of Corpus Christi, Texas, based on lowest responsible bid in accordance with Bid Invitation BI -0237-14 for a total amount of $364,353. The backhoe will be used by the Gas, Park & Recreation, Water and Wastewater Department. These units are replacement to the fleet. Funds for the purchase of (2) two tractor loader backhoes are available in the FY 2013-2014 Capital Outlay Budget of the Maintenance Services. Funds for the lease purchase of three (3) tractor loader backhoes will be provided through the City's lease/purchase financing program. This Motion was recommended to consent agenda 41. Purchase and Lease Purchase of five (5) CNG Vehicles, one (1) Hybrid Vehicle and four (4) Heavy Trucks Motion approving the purchase two (2) CNG vehicles, one (1) hybrid vehicle, four (4) heavy trucks and the lease -purchase of two (2) CNG Vans and one (1) heavy trucks from Caldwell Country Chevrolet, Caldwell, Texas for a total amount of $403,915.23. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds for the purchase of the vehicles have been budgeted in FY 2013-2014. Financing for the lease -purchase of the vehicles will be provided through the City's lease -purchase financing contractor. This Motion was recommended to consent agenda 42. Purchase of one (1) Wheel Loader and one (1) Skid Steer Loader Motion approving the purchase of one (1) Wheel Loader and one (1) Skid Steer Loader from Waukesha - Pearce Industries Inc., Corpus Christi, Texas for the total amount of $97,519.53. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funding for the purchase of the loaders is available in the Fleet Maintenance Services Fund in FY 2013- 2014. This Motion was recommended to consent agenda 43. Purchase and Lease Purchase of six (6) Mowers, three (3) Tractors and seven (7) Heavy Trucks (CNG) Motion approving the purchase five (5) mowers, three (3) tractors, four (4) heavy trucks (CNG), and the lease -purchase of one (1) mower, and three (3) heavy trucks (CNG) from the following companies for the following amounts for a total amount of $1,593,206.52. The award is based on the cooperative purchasing agreement with the Houston Corpus Christi Page 17 Printed on 9/18/2014 City Council Meeting Minutes September 16, 2014 Galveston Area Council (H -GAC). Funding for the purchase of mowers, tractors and heavy trucks are available in the Capital Outlay Budget of the Maintenance Service Fund and the Municipal Information System Fund. Financing for the lease -purchase of mower and heavy trucks will be provided through the City's lease -purchase financing contractor. John Deere Company Houston Freightliner Kubota Tractor Corp. Cary, NC Houston, TX Torrance, CA Items 1,2,&3 Items 4, 5, 6, 7, 8 & 9 Items 10&11 $118,389.52 $1,391,583.00 $83,234.00 Grand Total: $1,593,206.52 This Motion was recommended to consent agenda 44. Purchase and Lease of five (5) Excavators Motion approving the purchase of four (4) excavators and the lease purchase of one (1) excavator from Doggett Machinery, Corpus Christi, TX for the total amount of $221,674.00. The award is based on the lowest responsible bid in accordance to Bid Invitation BI -0223-14. Funding for the purchase of excavators is available in the Fleet Maintenance Services Fund in FY 2013-2014. Funds for the lease purchase of excavator will be provided through the City's lease purchase financing program. This Motion was recommended to consent agenda 45. Purchase of one (1) Forklift Motion approving the purchase of one (1) Forklift from American Material Handling, Inc. Watkinsville, GA for the total amount of $58,863.00. The award is based on the lowest responsible bid in accordance with Bid Invitation BI -0226-14. Funding for the purchase of the forklift is available in Fleet Maintenance Services Fund in FY 2013- 2014. This Motion was recommended to consent agenda Q. BRIEFINGS TO CITY COUNCIL: (ITEMS 46 - 48) 46. Establishment and Implementation of an Airport Zoning Commission Mayor Martinez referred to Item 46. Director of Aviation Fred Segundo stated that the purpose of this item is to familiarize the City Council with the proposed establishment and implementation of an Airport Zoning Commission. Corpus Christi Page 18 Printed on 9/18/2014 City Council Meeting Minutes September 16, 2014 Mr. Segundo referred to a powerpoint presentation including the authority for establishing the Airport Zoning Commission and Joint Airport Zoning Board; the differences between the Airport Zoning Commission and Joint Airport Zoning Board; the Airport Zoning Commission proposed structure; the Airport Zoning Commission flow chart; the two types of airport zoning regulations; the controlled compatible land use area; the controlled compatible land use area for all designated and proposed runways within the city limits; the controlled compatible land use area that is designated for high usage; the reduced compatible use areas; and the implementations schedule. Council members spoke regarding the following topics: the City's efforts to show support for the military presence in the area; the comments made regarding the Navy's opinion on the annexation on the southside; and the Joint Land Use Study. 47. Corpus Christi Downtown Management District Update Mayor Martinez referred to Item 47. Executive Director of the Downtown Management District (DMD) Terry Sweeney stated that the purpose of this item is to provide an update on the activities of the Downtown Management District (DMD). Mr. Sweeney presented information on the DMD's year-to-date highlights including the creation of the clean team, development of a cleaning and safety partnership, volunteer programs, and construction mitigation; and the three-year strategic plan, priority areas, and next steps. Council members spoke regarding the following topics: the leadership at the DMD, additional funding from the City to the DMD; the public comment made at today's meeting to change one-way streets to two-way streets; the status of the Chaparral project, the project punch list, and estimated completion date; the creation of the three-year strategic plan; and the construction mitigation. Council Member Loeb made a motion directing the City Manager to partner with the DMD to execute the DMD's three year plan and to return with proposals and agenda items as necessary to accomplish this partnership, seconded by Mayor Martinez and passed unanimously. 48. State legislative policy priorities for 84th Regular Session of the Texas Legislature in 2015 Mayor Martinez referred to Item 48. Director of Intergovernmental Relations Tom Tagliabue stated that the purpose of the item is to discuss the state legislative policy priorities for the 84th Regular Session of the Texas Legislature. Mr. Tagliabue referred to a powerpoint presentation including the key dates for the 84th legislature; the City's support for general legislative guidelines; items the City will likely oppose; the prioritization levels of importance; policy topics on transportation, appropriations for seawater desalination, the Texas Military Preparedness Commission, funding for TXDOT projects, and continued investment in Texas tourism promotion, natural resources, municipal authority, and higher education, Council members spoke regarding the following topics: securing a portion of the state hotel occupancy tax for bay beach cleaning; local funding options and resources to address transportation; legislation on windfarms for the City to have local control on its extraterritorial jurisdiction; the appropriation for seawater desalination and natural resources; making the workforce a priority Corpus Christi Page 19 Printed on 9/18/2014 City Council Meeting Minutes September 16, 2014 R. ADJOURNMENT for education; and discussion on adopting an ordinance regarding payday lenders. Mayor Martinez provided an update on Council Member Priscilla Leal's health and thanked her for continuing to be part of the Council family. The meeting was adjourned at 3:52 p.m. Corpus Christi Page 20 Printed on 9/18/2014 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 DATE: September 16, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com (361) 826-3169 Jim Davis, Director of General Services jimd@cctexas.com (361) 857-1909 Floyd Simpson, Chief of Police floyds@cctexas.com 886-2603 Purchase of Police Interceptor Sedans CAPTION: Motion approving the purchase of two (2) police interceptor sedans from Caldwell Country Chevrolet, Caldwell, Texas for a total amount of $55,172.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted in FY 2013-2014. PURPOSE: To be used by City Marshalls in the performance of their duties throughout the City. BACKGROUND AND FINDINGS: None. ALTERNATIVES: CNG is not available for this vehicle. CNG Standards Checklist Standard Meets Standard Does not Meet Standard Reliability (OEM available?) (CNG not available) Specifications (Bi -Fuel available?) (Bi -Fuel not available) Economics (comparison available?) (CNG not available) Exclusions X No OEM available X Mission Capability compromised X OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Fleet Maintenance Services, Police Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $7,805,535.51 $0 $7,805,535.51 Encumbered / Expended Amount $5,024,567.60 $0 $5,024,567.60 This item $55,172.00 $0 $55,172.00 BALANCE $2,725,795.91 $2,725,795.91 Fund(s): Maintenance Service Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN ITEM DESCRIPTION PRICE SHEET TLGPC CONTRACT NO. 430-13 POLICE INTERCEPTOR SEDANS QTY. UNIT Caldwell Country Chevrolet Caldwell, Texas 2015 Ford Police Interceptor Sedan TOTAL: 2 Each UNIT EXTENDED PRICE PRICE $27,586.00 $55,172.00 $55,172.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 DATE: September 16, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com (361) 826-3169 Jim Davis, Director of General Services jimd@cctexas.com (361) 857-1909 Floyd Simpson, Chief of Police floyds@cctexas.com 886-2603 Purchase of Police Vehicles CAPTION: Motion approving the purchase of thirty-one (31) police vehicles from Sames Ford, Corpus Christi, Texas in accordance with Bid Invitation No. BI -0224-14, based on lowest responsible bid for a total expenditure of $794,185.49. Funds have been budgeted in FY 2013-2014. PURPOSE: To be used by Police Officers in the performance of their duties throughout the City. BACKGROUND AND FINDINGS: None. ALTERNATIVES: CNG is not available for these vehicles. CNG Standards Checklist Standard Meets Standard Does not Meet Standard Reliability (OEM available?) (CNG not available) Specifications (Bi -Fuel available?) (Bi -Fuel not available) Economics (comparison available?) (CNG not available) Exclusions X No OEM available X Mission Capability compromised X OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Fleet Maintenance Services, Police Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $7,805,535.51 $0 $7,805,535.51 Encumbered / Expended Amount $5,073,283.60 $0 $5,073,283.60 This item $794,185.49 $0 $794,185.49 BALANCE $1,938,066.42 $1,938,066.42 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN BID TABULATION BID INVITATION NO. BI -0224-14 POLICE VEHICLES ITEM DESCRIPTION QTY. UNIT Sames Ford Corpus Christi, TX UNIT EXTENDED PRICE PRICE Autonation Ford Corpus Christi, TX UNIT EXTENDED PRICE PRICE 1. 2015 Ford Police Interceptor AWD Sedan 16 Each $26,740.55 $427,848.80 $26,995.00 $431,920.00 2. 2015 Ford Police Interceptor Utility Vehicle 2 Each 26,634.76 53,269.52 27,000.00 54,000.00 3. 2015 Chevrolet Tahoe 4WD Special Service Vehicle 4 Each NO BID NO BID 4. 2015 Ford Fusion Hybrid SE Sedan 13 Each 24,082.09 313,067.17 24,450.00 317,850.00 Total $794,185.49 $803,770.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 DATE: September 16, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com (361) 826-3169 Jim Davis, Director of General Services jimd@cctexas.com (361) 857-1909 Floyd Simpson, Chief of Police floyds@cctexas.com 886-2603 Purchase of Tahoe Police Special Service Vehicles CAPTION: Motion approving the purchase of four (4) Tahoe police special service vehicles from Caldwell Country Chevrolet, Caldwell, Texas for a total expenditure of $133,088.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted in FY 2013- 2014. PURPOSE: To be used by Police Officers in the performance of their duties throughout the City. BACKGROUND AND FINDINGS: None. ALTERNATIVES: CNG is not available for this vehicle. CNG Standards Checklist Standard Meets Standard Does not Meet Standard Reliability (OEM available?) (CNG not available) Specifications (Bi -Fuel available?) (Bi -Fuel not available) Economics (comparison available?) (CNG not available) Exclusions X No OEM available X Mission Capability compromised X OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Fleet Maintenance Services, Police Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $7,805,535.51 $0 $7,805,535.51 Encumbered / Expended Amount $5,073,283.60 $0 $5,073,283.60 This item $133,088.00 $0 $133,088.00 BALANCE $2,599,163.91 $2,599,163.91 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN ITEM DESCRIPTION PRICE SHEET TLGPC CONTRACT NO. 430-13 TAHOE POLICE SPECIAL SERVICE VEHICLES QTY. UNIT Caldwell Country Chevrolet Caldwell, Texas 2015 Chevrolet Tahoe 4WD Special Service Vehicle 4 Each UNIT PRICE $33,272.00 EXTENDED PRICE $133,088.00 TOTAL: $133,088.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 DATE: September 16, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com 361-826-3169 Jim Davis, Director of General Services jimd@cctexas.com 361-826-1909 Purchase and Lease Purchase of Backhoes CAPTION: Motion approving the purchase of two (2) Series III Tractor Loader Backhoes and Lease Purchase of three (3) Series IV Tractor Loader Backhoes from Doggett Machinery of Corpus Christi, Texas, based on lowest responsible bid in accordance with Bid Invitation BI -0237-14 for a total amount of $364,353. The backhoe will be used by the Gas, Park & Recreation, Water and Wastewater Department. These units are replacement to the fleet. Funds for the purchase of (2) two tractor loader backhoes are available in the FY 2013-2014 Capital Outlay Budget of the Maintenance Services. Funds for the lease purchase of three (3) tractor loader backhoes will be provided through the City's lease/purchase financing program. PURPOSE: The backhoes will be used for excavation and backfilling of materials. All units are replacement units to the fleet. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. BACKGROUND AND FINDINGS: Not applicable. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This supply agreement conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Utilities Department Fleet Maintenance Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $7,805,535.31 $241,245.60 $8,046,780.91 Encumbered / Expended Amount $5,163,058.60 0.00 $5,163,058.60 Purchase $136,951.00 0.00 $136,951.00 Lease Purchase 0.00 $241,245.60 $241,245.60 BALANCE $2,505,525.71 0.00 $2,505,525.71 Fund(s): Fleet Maintenance Services Fund, Gas Fund, Park & Recreation Fund Comments: Funding for the purchase of the two (2) backhoes, in the amount of $136,951.00, are available in the Capital Outlay Budget of the Fleet Maintenance Services Fund for FY 2013-2014. Funding for the lease purchase of the remaining three (3) backhoes are approved in the FY 2013-2014 budget. However, the backhoes will be delivered and paid for in FY 2014 -2015 and, therefore, no funds are required in this fiscal year. Funding is provided through the City's lease/purchase financing agreement for a sixty -month period. The estimated interest rate is 2.35%. The actual interest rate will be determined after acceptance of the equipment. The estimated annual payment is $48,249.12. Total estimated cost over the sixty - month period, including principal of $227,402.00 and interest of $13,843.60, is $241,245.60. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation - Sheet attached. CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BUYER: GABRIEL MALDONADO BID TABULATION NO. BI -0237-14 Purchase of Tractor/Loader/Backhoes TOTAL: $ 364,353.00 $ 422,848.32 Doggett Machinery Corpus Christi, Tx Nueces Power Equipment Corpus Christi, Tx ITEM DESCRIPTION QTY UNIT EXTENDED UNIT PRICE PRICE UNIT PRICE EXTENDED PRICE 1 Series III Tractor Loader Backhoe - w/Backhoe Buckets per Specification 1 EA $57,299.00 $57,299.00 $ 71,309.32 $ 71,309.32 No. 1017 Park & Recreation -Lease Purchase 2 Series IV Tractor Loader Backhoe - w/Extended Option, Hydraulic tool supply power w/Buckets per 1 EA $75,772.00 $75,772.00 $ 83,169.00 $ 83,169.00 Specification No. 1017 Water Dept - Purchase 3 Series III Tractor Loader Backhoe - w/Extended Option, w/Buckets per 1 EA $61,179.00 $61,179.00 $ 71,644.00 $ 71,644.00 Specification No. 1017 Wastewater Dept - Purchase 4 Series IV Tractor Loader Backhoe - w/Extended Option, w/Buckets per 1 EA $73,730.00 $73,730.00 $ 80,759.00 $ 80,759.00 Specification No. 1017 Gas Dept - Lease Purchase 5 Series IV Tractor Loader Backhoe - w/Extended Option, w/Buckets and detachable sideboom per Specification 1 EA $96,373.00 $96,373.00 $ 115,967.00 $ 115,967.00 No. 1017 Gas Dept - Lease Purchase TOTAL: $ 364,353.00 $ 422,848.32 DATE: TO: AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 September 16, 2014 Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com 361-826-3169 Jim Davis, Director of General Services jimd@cctexas.com 361-826-1909 Purchase and Lease Purchase of five (5) CNG Vehicles, one (1) Hybrid Vehicle and four (4) Heavy Trucks CAPTION: Motion approving the purchase two (2) CNG vehicles, one (1) hybrid vehicle, four (4) heavy trucks and the lease -purchase of two (2) CNG Vans and one (1) CNG heavy trucks from Caldwell Country Chevrolet, Caldwell, Texas for a total amount of $403,907.23. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds for the purchase of the vehicles have been budgeted in FY 2013-2014. Financing for the lease - purchase of the vehicles will be provided through the City's lease -purchase financing contractor. PURPOSE: These vehicles will be used by the using departments in performance of their duties throughout the City. Seven (7) units are replacements to the fleet and three (3) units are additions to the fleet. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. BACKGROUND AND FINDINGS: The equipment will be purchased through the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC). TLGPC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statues regarding competitive bidding requirements. 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. DEPARTMENTAL CLEARANCES: Fleet Maintenance Services, Facility Maintenance, Libraries Grant Fund No. 1068, Neighborhood Services, Park and Recreations, Solid Waste Department, Street Department, Water Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $8,246,802.12 $149,062.80 $8,395,864.92 Encumbered / Expended Amount $5,159,956.85 0.00 $5,159,956.85 Purchase $259,400.07 0.00 $259,400.07 Lease Purchase 0.00 $149,062.80 $149,062.80 BALANCE $2,827,445.20 0.00 $2,827,445.20 Fund(s): General Fund, Libraries Grant Fund No. 1068, Stormwater Fund, Water Fund & the Capital Outlay Budget of the Fleet Maintenance Services Fund. Comments: Funding for the purchase of the vehicles, in the amount of $259,400.07, is available in the General Fund, Stormwater Fund, Water Fund and the Capital Outlay Budget of the Fleet Maintenance Services Fund for FY 2013-2014. Funding for the lease purchase of the remaining vehicles are approved in the FY 2013-2014 budget. However, the equipment will be delivered and paid for in FY 2014 -2015 and, therefore, no funds are required in this fiscal year. Funding is provided through the City's lease/purchase financing agreement for a sixty -month period. The estimated interest rate is 2.35%. The actual interest rate will be determined after acceptance of the equipment. The estimated annual payment is $29,812.56. Total estimated cost over the sixty - month period, including principal of $140,509.16 and interest of $8,553.64, is $149,062.80. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO PRICE SHEET BUYBOARD CONTRACT NO. 430-13 ITEM DESCRIPTION QTY UNIT Caldwell Country Ford -Chevrolet Caldwell, Texas UNIT EXT PRICE PRICE 1 2015 Chevrolet 15 Passenger Van 1 EA $40,474.00 $40,474.00 CNG Vehicle Lease Purchase - Solid Waste 2 2015 - 3 /4 Ton Chevrolet Express Cargo 1 EA 33,806.00 33,806.00 Van - CNG Vehicle Lease Purchase - Facility Maintenance 3 2015 Ford CMAX HYBRID 1 EA 23,009.00 23,009.00 Purchase - Neighborhood Services 4 2014 F-150 BI -Fuel CNG Conversion 1 EA 30,152.00 30,152.00 Purchase - Stormwater 5 2015 Chevrolet Express Cargo Van - CNG 1 EA 33,806.00 33,806.00 Vehicle Purchase - Library 6 2015 Ford F-350 w/ Service Body - Diesel 1 EA 38,602.61 38,602.61 Purchase - Fleet Maintenance Services 7 2015 Ford F-250 w/ Service Body & Lift Gate 1 EA 35,291.61 35,291.61 - Diesel Purchase -Fleet Maintenance Services 8 2015 Ford F-450 w/ Service Body - 1 EA 70,227.16 70,227.16 CNG Vehicle Lease Purchase - Street 9 2015 Ford E-350 CUTAWAY w/ Service 1 EA 35,686.00 35,686.00 Body - Diesel Purchase - Water 10 2015 Ford F-350 w/ Service Body - Diesel 1 EA 62,852.85 62,852.85 Purchase - Fleet Maintenance Services Total 403,907.23 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 DATE: September 16, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com 361-826-3169 Jim Davis, Director of General Services jimd@cctexas.com 361-826-1909 Purchase of Wheel & Skid Steer Loader CAPTION: Motion approving the purchase of one (1) Wheel Loader and one (1) Skid Steer Loader from Waukesha — Pearce Industries Inc., Corpus Christi, Texas for the total amount of $97,519.53. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funding for the purchase of the loaders is available in the Fleet Maintenance Services Fund in FY 2013- 2014. PURPOSE: The equipment will be used by the Waste Water Department at the Greenwood Plant and Collection System to clean and maintain dry beds. BACKGROUND AND FINDINGS: The loaders will be purchased through the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative (TLGPC). TLGPC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statues regarding competitive bidding requirements. 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. DEPARTMENTAL CLEARANCES: Utilities 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 $5,514.171.00 $5,514.171.00 Encumbered / Expended Amount $5,073,283.60 $5,073,283.60 This item $97,519.53 $97,519.53 BALANCE $343,367.87 $343,367.87 Fund(s): Fleet Maintenance Services Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION BUY BOARD #424-13 BUYER: LATIFAH JACKSON LOADERS ITEM DESCRIPTION WHEEL LOADER SKID STEER LOADER Total QTY UNIT 1 EA 1 EA WAUKESHA - PEARCE INDUSTRIES INC. CORPUS CHRISTI, TX UNIT EXT PRICE PRICE $69,515.64 $69,515.64 28,003.89 28,003.89 97,519.53 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 DATE: September 16, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com 361-826-3169 Jim Davis, Director of General Services jimd@cctexas.com 361-826-1909 Purchase and Lease Purchase of Mowers, Tractors and Heavy Trucks (CNG) CAPTION: Motion approving the purchase five (5) mowers, three (3) tractors, four (4) heavy trucks (CNG), and the lease -purchase of one (1) mower, and three (3) heavy trucks (CNG) from the following companies for the following amounts for a total amount of $1,593,206.52. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). Funding for the purchase of mowers, tractors and heavy trucks are available in the General Fund and the Capital Outlay Budget of the Maintenance Service Fund. Financing for the lease -purchase of mower and heavy trucks will be provided through the City's lease -purchase financing contractor. John Deere Company Cary, NC Items 1,2,&3 $118,389.52 Houston Freightliner Houston, TX Items 4, 5, 6, 7, 8 & 9 $1,391,583.00 Grand Total: $1,593,206.52 Kubota Tractor Corp. Torrance, CA Items 10 & 11 $83,234.00 PURPOSE: The mowers will be used to maintain the City Parks throughout the City, Cefe Landfill and Allison Wastewater Plant. The tractors will be used at the Cefe Landfill, Allison & Oso Wasterwater Treatment Plants. The heavy trucks will be used by Street, Stormwater, Water and Wastewaster in their day to day operations. All units are replacements to the fleet. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. BACKGROUND AND FINDINGS: The equipment will be purchased through the cooperative purchasing agreement with HGAC. HGAC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statues regarding competitive bidding requirements. 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. DEPARTMENTAL CLEARANCES: Fleet Maintenance Services, Park and Recreations, Solid Waste Department, Street Department, Stormwater Department, Wastewater Department, Water Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $8,604,865.71 $757,333.50 $9,362,199.21 Encumbered / Expended Amount $3,868,037.09 0.00 $3,868,037.09 Purchase $879,332.24 0.00 $879,332.24 Lease Purchase 0.00 $757,333.50 $757,333.50 BALANCE $3,857,496.38 0.00 $3,857,496.38 Fund(s): General Fund & the Capital Outlay Budget of the Fleet Maintenance Services Fund. Comments: Funding for the purchase of the five (5) mowers, three (3) tractors, four (4) heavy trucks (CNG), in the amount of $879,332.24, is available in the General Fund and the Capital Outlay Budget of the Fleet Maintenance Services Fund for FY 2013-2014. Funding for the lease purchase of one (1) mower, and three (3) heavy trucks (CNG) is approved in the FY 2013-2014 budget. However, the equipment will be delivered and paid for in FY 2014 -2015 and, therefore, no funds are required in this fiscal year. Funding is provided through the City's lease/purchase financing agreement for a sixty -month period. The estimated interest rate is 2.35%. The actual interest rate will be determined after acceptance of the equipment. The estimated annual payment is $151,466.76. Total estimated cost over the sixty - month period, including principal of $713,874.28 and interest of $43,459.22, is $757,333.50. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO PRICE SHEET HGAC CONTRACT NO. GR01-12 & HT06-14 ITEM DESCRIPTION QTY UNIT John Deere Company Cary, NC Houston Freightliner Houston, TX Kubota Tractor Corp. Torrance, CA UNIT PRICE EXT PRICE UNIT PRICE EXT PRICE UNIT PRICE EXT PRICE 1 John Deere 997 Commercial Mower 5 EA $14,871.28 $74,356.40 Purchase - (4) - Park & Recreation Lease Purchase - (1) - Solid Waste 2 John Deere MX7 Rotary Mower 1 EA 3,117.13 3.117.13 Purchase - Allison Wastewater Plant 3 John Deere 5057 M Utility Tractor 1 EA 40,914.99 40.915.99 Purchase - Oso Wastewater Plant 4 2015 Freightliner M2-112 (HT -4) Asphalt Body Truck 1 EA 141,879.00 141.879.00 - CNG Vehicle Lease Purchase - Street 5 2015 Freightliner M2-112 (HT -4) 7 CY Dump Truck - 2 EA 278,562.00 557.124.00 CNG Vehicle Lease Purchase - Street 6 2015 Freightliner M2-112 (HT -6 ) Crew Cab Truck w/Service Body - CNG Vehicle 1 EA 154,303.00 154,303.00 Purchase - Water 7 2015 Freightliner M2-112 (HT -6 ) Crew Cab Truck w/Service Body - CNG Vehicle 1 EA 196,053.00 196.053.00 Purchase -Wastewater 8 2015 Freightliner M2-112 (HT -6 ) Crew Cab Truck w/Flatbed Body - CNG Vehicle 1 EA 171,644.00 171.644.00 Purchase -Wastewater 9 2015 Freightliner 114SD - 12 CY Dump Truck - 1 EA 170,580.00 170.580.00 CNG Vehicle Purchase - Storm Water 10 Kubota 2 WD Tractor w/Hydraulic Shuttle & Rops 1 EA 44,005.20 44.005.20 Utility Tractor Purchase - Wastewater 11 Kubota 4 WD Tractor w/Hydraulic Shuttle & Cab 1 EA 39,228.80 39.228.80 Utility Tractor Purchase - Solid Waste Total Grand Total Award: 1.593.206.52 118.389.52 1.391.583.00 83.234.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 DATE: September 16, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com 361-826-3169 Jim Davis, Director of General Services jimd@cctexas.com 361-826-1909 Purchase and Lease Purchase of Excavator(s) CAPTION: Motion approving the purchase of four (4) excavators and the lease purchase of one (1) excavator from Doggett Machinery, Corpus Christi, TX for the total amount of $221,674.00. The award is based on the lowest responsible bid in accordance to Bid Invitation BI -0223-14. Funding for the purchase of excavators is available in the Fleet Maintenance Services Fund in FY 2013-2014. Funds for the lease purchase of excavator will be provided through the City's lease purchase financing program. PURPOSE: The equipment will be used for excavation of underground utilities while performing leak repairs, replacements, and new construction by the Gas, Water and Wastewater Department Four units are additions and one (1) unit is a replacement to the fleet. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. 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. DEPARTMENTAL CLEARANCES: General Services FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $7,940,418.84 $24,960.57 $7,965,379.41 Encumbered / Expended Amount $5,073,283.60 0.00 $5,073,283.60 Purchase $197,747.00 0.00 $197,747.00 Lease Purchase $423.06 $24,960.57 $25,383.63 BALANCE $2,668,965.18 0.00 $2,668,965.18 Fund(s): Fleet Maintenance Services Fund and Gas Fund Comments: Funding for the purchase of excavators, in the amount of $197,747.00, is available in the Fleet Maintenance Service Fund FY 2013-2014. The $423.06 financial impact shown above represents one (1) month of expenditures that will be encumbered through the end of this fiscal year, for the lease/purchase excavator. The remaining $24,960.57 will be requested during the normal FY 2014- 2015 budget approval process. Funding is provided through the City's lease/purchase financing agreement for a sixty -month period. The estimated interest rate is 2.35%. The actual interest rate will be determined after acceptance of the equipment. The estimated annual payment is $5,076.72. Total estimated cost over the sixty - month period, including principal of $23,927.00 and interest of $1,456.63, is $25,383.63. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation — Attached CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BI -0223-14 BUYER: LATIFAH JACKSON EXCAVATORS 1.0 Mini Excavator with 24" Bucket Purchase - Water 2.0 Mini Excavator with 12" Bucket Purchase - Water 3.0 Mini Excavator with 18" Bucket Purchase - Water 4.0 Mini Excavator 14.5 HP Lease Purchase - Gas 5.0 Mini Excavator 14.5 HP Purchase - Wastewater $221,674.00 Doggett Machinery Corpus Christi, Texas Qty Unit 1 EA $55,787.00 $55,787.00 1 EA $62,937.00 $62,937.00 1 EA $55,096.00 $55,096.00 1 EA $23,927.00 $23,927.00 1 EA $23,927.00 $23,927.00 $221,674.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 DATE: September 16, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com 361-826-3169 Jim Davis, Director of General Services jimd@cctexas.com 361-826-1909 Purchase of Forklift CAPTION: Motion approving the purchase of one (1) Forklift from American Material Handling, Inc. Watkinsville, GA for the total amount of $58,863.00. The award is based on the lowest responsible bid in accordance with Bid Invitation BI -0226-14. Funding for the purchase of the forklift is available in Fleet Maintenance Services Fund in FY 2013- 2014. PURPOSE: The equipment will be used by Water Department at the O.N. Stevens Plant for lifting and loading materials. 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. DEPARTMENTAL CLEARANCES: Water FINANCIAL IMPACT: ❑Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $7,805,535.51 $7,805,535.51 Encumbered / Expended Amount $5,073,283.60 $5,073,283.60 This item $58,863.00 $58,863.00 BALANCE $2,017,258.90 $2,017,258.90 Fund(s): Fleet Maintenance Services Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BI -0226-14 BUYER: LATIFAH JACKSON FORKLIFTS Qty Unit American Material Handling, Inc Watkinsville, GA 1 Doosan Model D705 FORKLIFT 15,500 lbs @ 24" load center EA $58,863.00 $58,863.00 $58,863.00 AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of September 16, 2014 Action Agenda Item for the City Council Meeting of September 23, 2014 DATE: 7/21/2014 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director of Parks and Recreation MichaelMo@cctexas.com; 361-826-3464 Parks and Recreation FY15 new fees CAPTION: Resolution adding new rental and recreational use fees for fiscal year 2014-2015 and providing for publication; effective date; and severance of the same. PURPOSE: Approve proposed new fees for Fiscal Year 2015. BACKGROUND AND FINDINGS: A Special Events application fee (non-refundable) will be submitted online and initiate the interdepartment processing of a request for parades, marches, or special events. The Special Events clean-up deposit is to cover the cost for any repairs and/or waste removal on public grounds after a special event. A key deposit will cover the security and expense of replacing and re -keying lock when key is not returned. All new fees have been included in the FY15 proposed budget as revenue in the General Fund. ALTERNATIVES: Do not approve resolution. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all new fees. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 0.00 0.00 BALANCE 0.00 0.00 Fund(s): General Fund Comments: RECOMMENDATION: Approve the proposed resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit A — FY14 New Fees — Parks and Recreation Resolution adding new rental and recreational use fees for fiscal year 2014-2015 and providing for publication; effective date; and severance of the same. Whereas, Section 36-7 of the Code of Ordinances requires City Council approval, by motion or resolution, for creation of any new user fees, or increases of existing user fees by more than 25 percent, for parks and recreation department facility use; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council approves new parks and recreation department recreational use fees as shown in Exhibit A attached, for Fiscal Year 2014-15. Section 2. This resolution is effective October 1, 2014. Section 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. Section 4. The City Council intends that every section, paragraph, subdivision, phrase, word and provision of this resolution be given full force and effect for its purpose. If any section, paragraph, subdivision, clause, phrase, word or provision of this resolution is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 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 EXHIBIT A FY14 NEW FEES - Parks and Recreation Program Area Current Fee Proposed Fee Diff. PERCENT CHANGE Section 5. PARK AND FACILITY RENTALS West Guth Pavilion (key deposit) $ - $25.00 NEW Section 9. SPECIAL SERVICES Special Event application fee (non-refundable) $ - $ 50.00 NEW Small Special Event clean-up deposit $ - $ 250.00 NEW Medium Special Event clean-up deposit $ - $ 500.00 NEW Large Special Event clean-up deposit $ - $ 1,000.00 NEW AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 DATE: TO: August 4, 2014 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Interim Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 Engineering Contract Water Program Management CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 2 to the engineering contract with URS Corporation of Corpus Christi, Texas in the amount of $250,000 for a total restated fee not to exceed $550,000 for Water Program Management. PURPOSE: The purpose of this agenda item is to obtain authority to execute Amendment No. 2 to the URS Corporation contract for Water Program Management. BACKGROUND AND FINDINGS: The City is undertaking several short-term and long-term water and wastewater projects to enhance the systems reliability, capacity, and to address aging infrastructure. In order to effectively manage these projects, the City requires program management services from a team possessing comprehensive knowledge and experience in surface water treatment, wastewater treatment, pumping station and pipeline design as well as general program management expertise. In August 2012, URS Corporation was awarded the contract to deliver these services. In July 2014, the contract was administratively amended to extend the program management services to wastewater projects due to the reorganizations at the City of Corpus Christi combining the Water and Wastewater Departments under the Utilities Department. This project provides a holistic approach to the management of water and wastewater projects. The services include programmatic support such as project portfolio coordination, requirements definition, initial evaluation of alternatives, technical peer review, and support throughout the project life cycle. This project shall not cover the Regional Water Supply Strategic Sustainability Planning efforts, the Sanitary Sewer Overflow Initiative (SSOI) program management, or the Wastewater Treatment Plant Consolidation program management. The duration of the project shall be consistent with the original intent: this amendment will authorize URS Corporation for three years to complete the first five-year contract term, with two five-year term elective options. Annual renewals during each term shall be determined by the program needs and availability of funds and shall require only administrative approval. This is in accordance with the original RFQ solicitation, RFQ No. 2011-05, by which URS Corporation was selected. ALTERNATIVES: 1. Authorize the execution of the engineering contract amendment. 2. Do not authorize the execution of the engineering contract amendment. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2013-2014 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $313,000.00 $550,000.00 $500,000.00 $1,363,000.00 Encumbered / Expended Amount $313,000.00 $313,000.00 This Item $250,000.00 $250,000.00 Future Anticipated Expenditures This Project $61,965.00 $61,965.00 BALANCE $0.00 $238,035.00 $500,000.00 $738,035.00 Fund(s): Water CIP #1 Comments: The contract amendment will result in the expenditure of an amount not to exceed $250,000. Funding for wastewater services will be provided from the specific Wastewater CIP project. RECOMMENDATION: City Staff recommends approval of Amendment No. 2 to the to the engineering contract with URS Corporation of Corpus Christi, Texas in the amount of $250,000 for a total restated fee not to exceed $550,000 for Water Program Management. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET WATER PROGRAM MANAGEMENT FUNDS AVAILABLE: Water CIP (Current) $863,000 Water CIP (Future Estimate) $500,000 Total $1,363,000 FUNDS REQUIRED: Engineer Fees: *Engineer (URS Corporation) INCLUDES THIS AMEND. NO. 2 $550,000 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $23,853 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs) $44,298 Misc $6,815 TOTAL $624,965 PROJECT BUDGET BALANCE *Original contract approved by City Council on August 28, 2012 by Motion No. M2012-161 Funding for wastewater services will be provided from the specific Wastewater CIP project. $738,035 FA 624 44 NULCES BAN bbil°111b' • T'', r if BEAR tf• To, 414i FM. 43 *410 0 CO_RP'US C3{RISTI 'BAY NOTE: CITY WIDE PROGRAM PROJECT # E11069 FM 2444 LAGUNA M.ADRB LOCATION MAP NOT TO SCALE WHITECAP ys ti N GU1FOf :MEXICO WATER PROGRAM MANAGEMENT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 of 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 2 The City of Corpus Christi, Texas hereinafter called "CITY", and URS Corporation herein after called "ENGINEER' agree to the following amendment to the Contract for Professional Services for Water Program Management (Project No. E11069), as authorized and amended by: Original A/E Agreement f August 28, 2012 Motion No, M2012-161 $300,000.00 Amendment No. 1 J July 29, 2014 Administrative Approval $0.00 Exhibit "A", Scope of Work, shall be amended as set forth in the attached Amendment No. 2 Exhibit Exhibit "A", Section HI. Fees, shall be amended as specified in Amendment No. 2 Exhibit "A' for a revised fee not to exceed $250,000.00 (Two Hundred Fiftv Thousand Dollars and Zero Cents), for a total restated fee not to exceed $550,000.00 (Five Hundred. Fifty Thousand Dollars and Zero Cents), Monthly invoices shall be submitted in accordance with Exhibit "B". All other terms and conditions of the August 28, 2012 contract between the City and Engineer, and any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI URS CORP • Natahsa Fudge, P.E., (Date) Je' f H. Edmonds, P.E., Acting Director, Capital Programs Branch Manager 711 N. Carancahua, Suite 1620 Corpus Christi, TX 78401 RECOMMENDED (361) 884-7140 Office (361) 888-7140 Office Operating Department (Date) APPROVED AS TO LEGAL FORM Assistant City Attorney (Date) for City Attorney APPROVED Office of Management and Budget (Date) ATTEST Rebecca Huerta, City Secretary Jarrles Etherton, P.E., (pate} Vice President Transportation/Infrastructure 9400 Amberglen Boulevard Austin, TX 78729-1100 (512) 419-5868 Office Project No: E11069 Fund Source No. 550950-4091-00000-F11069 Fund Name: Water 2012.19 CIP Encumbrance No: AMEND. NO. 2 Page 1 of 1 Mf 1CNCiINEEP+.lNG DATAE%CHANGEl1EVM;ERlWArER.F.11059 WATFR PROGAM MANAGEMENR'AMENDMEN f F10 21CONTRAGTCONTRACT DOCX July 24, 2014 Natasha Fudge, P.E. Acting Director of Capital Programs City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78410 Re: City of Corpus Christi Water Program Management Project No. E11069 — Amendment No. 2 Dear Ms. Fudge: Pursuant to our contract terms, we are hereby submitting our request for Amendment No.2 for the City of Corpus Christi Water Program Management in compliance with the Executed Agreement between the City of Corpus Christi, Texas and URS Corporation, approved by City Council on August 28, 2012 (Motion M2012-161) (the Agreement). Amendment No. 2 in the amount of $250,000 will becotne effective upon Council approval and will cover services related to the City of Corpus Christi Water Program Management in compliance with the Agreement, as amended.- Billing rates for Amendment No. 2 will also be annually updated consistent with the terms of the agreement. The revised Labor Rates schedule for calendar year 2015 is attached as Attachment B; they are based on the 2013 Consumer Price Index (CPI) of 1.6. The billing rates for the remainder of calendar year 2014 will remain unchanged. As stated in the attached amendrnent, future amendments beyond fiscal year 2014-2015 will be negotiated on a yearly basis and will be extended yearly based on mutual agreement. We are looking forward to our continued collaboration. Sincerely, URS Corporation Jeff H. Edmonds, P.E. Corpus Christi Branch Manager Enclosure cc: Alex Barabanov, P.E., Capital Programs Brian, Butscher, P.E., Assistant Director, Utilities Joelle Francois, P.E., URS URS Corporation 711 North Carancahua, Ste 1620 Corpus Christi, 78401-0572 Tel: 361.884.7140 Fax: 361.888.7140 www. urs.com AMEND. NO. 2 EXHIBIT "A" Page 1 of 4 Page 2 of 3 ATTACHMENT A Water Program Management (Project No. E11069) PURPOSE: The purpose of this contract is to ensure that the technical, fiscal and operational aspects of all capital water and wastewater Improvement Projects are well planned, technically sound, properly sequenced and coordinated with existing operations, ongoing maintenance and repair efforts and future CIP projects. These services can be described as functioning as an extension of the City of Corpus Christi staff to enhance alignment and control of project delivery within the water and wastewater capital improvements program (CIP). The purpose of this amendment is to provide for an annually renewable A/E contract as was originally intended in the CIF and subsequent Request for Qualifications (RFQ). BACKGROUND AND FINDINGS: The City is undertaking several short term and long tern water and wastewater projects to enhance system reliability and capacity. In order to effectively manage these projects, the City required Program Management Services from a team possessing comprehensive knowledge and experience in surface water treatment, wastewater treatment, pumping station and pipeline design as well as general program management experience. The Agreement was fully executed on September 11, 2012 for a total not -to -exceed amount of $300,000. Under this original agreement, Work Authorization No.1 (WA# 1) in the amount of $100,000 was issued on November 14, 2012. Over the next year, URS provided Program Management Services for the Water Department under WA# 1 until October 29, 2013 when Work Authorization No. 2 (WA#2) was issued in the amount of $150,000. Soon after, Work Authorization No.3 (WA#3), in the amount of $50,000 was approved to fund ongoing water and wastewater Program Management tasks. The authorization brought URS' contract up to the limit of $300,000 approved in the original agreement for Fiscal Year 2012-13. URS was not issued a work authorization using the $250,000 funds that were budgeted for Fiscal Year FY 2013-14. In July 2014, following the reorganizations at the City of Corpus Christi combining the Water and Wastewater Departments under the Utilities Department, Amendment No.1 was approved to continue to provide Program Management services related to the City's water infrastructure in addition to the City's wastewater facilities. Services for water and wastewater facilities will be provided under the same contract terms, using the same billing rates. By authorizing the expansion of URS' services to the wastewater facilities, URS is assisting the City with achieving one of its strategic goals to "Develop and Implement a Unified Program Management", CURRENT AMENDMENT Amendment No. 2 is seeking to authorize use the $250,000 in funds allocated for Fiscal Year 2 (FY 2013-2014). As stated in the original agreement, through the City Manager or designee, the City may extend the Agreement at each calendar year by one year upon agreement by both parties. URS Corporation 711 North Carancahua, Ste 1620 Corpus Christi, 78401-0572 Tel: 361.884.7140 Fax: 361.888.7140 www.urs.com AMEND. NO. 2 EXHIBIT "A" Pa•e2of4 AMEND. NO. 2' EXHIBIT "A" Page 3 of 4 URSPage 3 of 3 Water Program Management (Project No. E11069) OTHER CONSIDERATIONS: The Project Manager resides in Corpus Christi, Texas and will serve as the principal agent for the project. Local staff and outside expertise will be used as needed to satisfy the program objectives. The majority of work is anticipated to be performed by local staff. In addition, the Program Manager will not seek to work on water and wastewater design projects which fall directly under the scope of the Water Program Management. However, services under this project will include preliminary and conceptual design as well as alternatives evaluation and cost estimating in addition to technical reviews, value engineering studies, scheduling and other project/program management related services. URS Corporation will not engage in work without the prior authorization of the City of Corpus Christi. CONFORMITY TO CITY POLICY:: Conforms to statutes regarding Request for Qualifications process and the FY 14-15 Capital Budget. This consultant was selected by the City through Request for Qualifications 2011-05 solicitation. ATTACHMENT B Schedule of Hourly Rates Water Program Management (Project No. E11069) 2015 Labor Category Hourly Rate* Corporate Principal 197 Program Manager 180 Sr. Engineer/Sr. Scientist/Chief Engineer 167 Engineer/Scientist/Constructability Reviewer 143 Staff Engineer (PE)/Scientist/Scheduler 120 Sr. Cost Estimator/Jr. Engineer (PE) 114 Project Financial Administrator 93 Sr. CADD Designer/GIS Specialist/ELT 92 CADD Technician/Scheduler Assistant 83 Junior Estimator 74 Admin. Assistant/Writer 62 Note: Engineer Classifications include civil, structural, coastal, geotechnical, electrical, mechanical and environmental disciplines. Charges for equipment, services, and supplies not furnished directly by URS Corporation and any items of expense not customarily incurred in our normal operations, are computed as follows: Notes: 1. Cost plus 10 percent for other shipping charges, professional services, subsistence, transportation, printing and reproduction, miscellaneous supplies, and rentals. 2. Cost plus 10 percent for surveying services, land drilling equipment, construction equipment, testing laboratories, and contract labor. 3. Cost plus 10 percent for vehicle, aircraft, watercraft, helicopter, and marine drilling equipment and operation. 4. Mileage, per diem, and lodging will be reimbursed at cost plus 10 percent. 5. Labor rates for subcontractors will be charged consistent with URS' proposed labor rates and will be invoiced at cost plus 10 percent. 6. A new rate table will go into effect at the beginning of each calendar year. The rates will be accelerated based on the Consumer Price Index (CPI) for the previous calendar year. 7. *The published CPI of 1.6 for 2013 was used to calculate the new hourly rates. 8. The billing rates currently in effect will remain unchanged for the remainder of calendar year 2014. AMEND. NO. 2 EXHIBIT "A" Page 4 of 4 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for. Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $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% SUPPLIER NUMBER TO BE ASSIGNED BY -CITY PURCHASING DIVISION City of Corpus Chnsti CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: URS Corporation P. O. BOX: STREET ADDRESS: 711 N. Carancahua, Suite 1620 CITY: Corpus Christi FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other ZIP: 78401 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 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 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 in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Jeff H. Edmonds, P.E. rti Titles Branch Manager (Type or Print) Signature of Certifying Person: DEFINITIONS Date: "VI 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. Corpus Chr sti Capital Programs Water Program Management Council Presentation September 16, 2014 Project Scope 0 Corpus Chr sti Capital Programs cows c5txtST7 14.21.11 NOTE: CITY WIDE PROGRAM LOCATION MAP NOr TD SCALE qux.7" 07 w xrco 2 Project Schedule Corpus Chr sti Capital Programs Program Management Services Project Estimate: September 30, 2014 to September 30, 2015 Project Budget too Corpus Chr sti Capital Programs FUNDS AVAILABLE: Water CIP (Current) $863,000 Water CIP (Future Estimate) $500,000 Total $1,363,000 FUNDS REQUIRED: *Engineer (URS Corporation) INCLUDES THIS AMEND. NO. 2 $550,000 Reimbursements $74,966 TOTAL $624,966 PROJECT BUDGET BALANCE $738,035 *Original contract approved by City Council on August 28, 2012 by Motion No. M2012-161 Funding for wastewaster services will be provided from the specific Wastewater CIP project. AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for the City Council Meeting of September 23, 2014 DATE: TO: July 25, 2014 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Interim Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 William J. Green, P.E., Interim Head, Environmental & Strategic Initiatives BiIIG@cctexas.com (361) 826-3598 Engineering Monitoring Contract Nueces Bay System Salinity and Freshwater Inflow Monitoring 2014-2015 CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 1 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $97,687, for a total restated fee of $192,292 for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2014-2015. PURPOSE: The purpose of this agenda item is to obtain authority to execute the Conrad Blucher Institute contract for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2014-2015. BACKGROUND AND FINDINGS: The contract for monitoring services provides resources necessary to perform monitoring and data collection required by the Texas Commission on Environmental Quality (TCEQ) as required by the City's amended reservoir operating plan. This operating plan will allow for greater accuracy in determining release events. Reducing salinity monitoring requirements would require modification of the existing TCEQ permit and is not recommended by staff at this time. The Conrad Blucher Institute (CBI) of Texas A&M University -Corpus Christi has conducted extensive research in the Rincon Bayou, local bays and estuaries. The CBI is considered the foremost expert in local near shore salinity research and has existing salinity monitoring stations that will be used to collect the required data. The CBI has conducted the required salinity monitoring for the City since the Reservoir Operating Plan was amended by TCEQ. In November 2013, the City awarded CBI with a contract to initiate salinity and freshwater inflow monitoring. The contract term was from November 15, 2013 through September 30, 2014. This contract, Amendment No. 1, allows CBI to continue to maintain salinity monitoring stations for the Nueces Bay System. The contract term of this amendment is from October 1, 2014 to September 30, 2015. ALTERNATIVES: 1. Authorize the execution of the monitoring contract amendment. 2. Do not authorize the execution of the monitoring contract amendment. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Environmental and Strategic Initiatives FINANCIAL IMPACT: ® Operating ❑ Revenue Capital ❑ Not applicable Fiscal Year 2013-2014 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $202,868.00 $202,868.00 Encumbered / Expended Amount $94,605.00 $94,605.00 This Item $97,687.00 $97,687.00 Future Anticipated Expenditures This Project $10,576.00 $10,576.00 BALANCE $0.00 $0.00 Fund(s): Water Operating Comments: The contract amendment will result in the expenditure of an amount not to exceed $97,687. RECOMMENDATION: City Staff recommends approval of Amendment No. 1 to the monitoring services contract with the Conrad Blucher Institute at Texas A&M University -Corpus Christi in the amount of $97,687, for a total restated fee of $192,292 for the Nueces Bay System Salinity and Freshwater Inflow Monitoring 2014-2015. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET Nueces Bay System Salinty and Freshwater Inflow Monitoring 2014-2015 FUNDS AVAILABLE: Water Operating $202,868 FUNDS REQUIRED: *Original (Conrad Blucher Institute, TAMUCC) $94,605 Amend. No. 1 (Conrad Blucher Institute, TAMUCC) THIS CONTRACT $97,687 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $3,365 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs)$6,250 Misc $961 TOTAL $202,868 PROJECT BUDGET BALANCE $0 *Original contract approved by City Council on November 12, 2013 by Motion No. M2013-170 PROJECT # 8443 >- D NUECES BAY SALTO1 v �y J , CALICOATTE HW44 SALINATION MONITORING STATI ONS CLARKWOOD FM 43 LOCATION MAP NOT TO SCALE NUECES BAY SYSTEM SALINITY AND FRESHWATER INFLOW MONITORING 2014-2015 CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 CITY OF CORPUS CHRISTI CONTRACT FOR MONITORING SERVICES AMENDMENT NO. 1 The City of Corpus Christi, Texas hereinafter called "CITY", and the Conrad Blucher Institute at Texas A&M University—Corpus Christi, hereinafter called "CBI," agree to the following amendment to the Contract for Monitoring Services for Nueces Bay System Salinity and Freshwater Inflow Monitoring 2014-2015 (Project No. 8443), as authorized and amended by: Original AIE Agreement November 12, 2013 Motion No. 2013-170 $94,605.00 In the original contract, Exhibit "A". SECTION II. SCOPE OF SERVICES shall be amended to include the additional tasks as described in Amendment No. 1 Exhibit "A". In the original contract, the FEES shall be amended and is attached as Amendment No. 1 Exhibit "A" for a revised fee not to exceed $97,687.00 (Ninety -Seven Thousand Six Hundred Eighty -Seven Dollars and Zero Cents), for a total restated fee not to exceed $192,292.00 (One Hundred Ninety -Two Thousand Two Hundred Ninety -Two Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "B". All other terms and conditions of the November 12, 2013 contract between the City and CBI, and any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF COPUS CHRISTI TEXAS A&M UNIVERSITY -CORPUS CHRISTI ' Natasha Fudge, P.E., (Date) �arry Lloyd, �--( � ( Date ) Acting Director, Capital Programs Research Specialist II Conrad Blucher Institute for Surveying and Science RECOMENDED Texas A&M University — Corpus Christi 6300 Ocean Drive, Unit 5799 Corpus Christi, Texas 78412 Operating Department (Date) (361) 825-5759 Office Larry.Lloyd@tamycc.edu APPROVED AS TO LEGAL FORM /!♦1r Cifu4nte (Date) V' = President fo search, Commercialization Assistant City Attorney (Date) and Outreach for City Attorney APPROVED Office of Management and Budget (Date) ATTEST Rebecca Huerta, City Secretary Project No: 8443 Fund Source No: 530000-4010-30220-180227 Fund Name: Water Operating Encumbrance No: TEXAS A&M UNTVEnsrry kk CORPUS CONRAD BLUCHER INSTITUTE FOR SURVEYING AND SCIENCE Sharon Bailey Lewis 1201 Leopard City of Corpus Christi Corpus Christi, Texas 78401 Dear Sharon Lewis: Larry Lloyd Research Specialist II Conrad Blucher Institute for Surveying and Science College of Science and Engineering 630o OCEAN DRIVE, UNIT 57L9 CORPUS CHRISTI, TEXAS 78412 0 361.825.5759 C 361.438.6594 8 July, 2014 The statements of work covered herein are submitted to the City of Corpus Christi for consideration. These statements will constitute a fee for services rendered by the Conrad Blucher Institute for Surveying and Science (CBI) at Texas A&M University - Corpus Christi (TAMUCC). Included is an outline of our scope of work and budget to continue the ongoing salinity monitoring efforts in the Nueces Estuary. PROPOSED SCOPE OF WORK FOR NUECES BAY SYSTEM SALINITY AND FRESHWATER INFLOW MONITORING: 2014-2015 Summary Three salinity monitoring stations in the Nueces River and Bay will be covered under this agreement. Station service includes exchange of Hydrolab° instruments with a freshly calibrated unit. In order to reduce costs, station service frequency will be based on observed marine growth fouling the instruments; for example, every 2 weeks when warmer bay waters foster excessive marine growth and every 3 weeks when water temperatures are cooler. All salinity monitoring stations will report salinity and water temperature. All monitoring stations will also report dissolved oxygen, pH, and water depth. All data will be available in graphical and tabular format on the CBI website (http://www.cbi.tamucc.edufNueces-BayWater-Duality-Monitoring) within one hour of the time data were collected. This proposal covers a period of 1 year. Research Objectives The Conrad Blucher Institute for Surveying and Science (CBI) at TAMUCC has been operating and maintaining salinity monitoring equipment in the Nueces Estuary for the City of Corpus Christi since November 1991, trying to help understand the effects of freshwater inflows on salinity into the Nueces system. Additional funding from the Coastal Bend Bays and Estuaries Program (CBBEP) will ensure that comprehensive spatial coverage of the Nueces Estuary continues. This proposal is for a continuation of the current monitoring effort in support of salinity conditions in Nueces Bay and river. The data collected will be used to help the City of Corpus Christi water supply managers determine quantities of fresh water required by the amended Agreed Order between the City and the State of Texas. Other benefits of the data collection include collaboration with other researchers in the delta, namely, The Center for Coastal Studies (CCS) and Harte Research Institute for Gulf of Mexico Studies (HRI) at TAMUCC, the University of Texas Marine Science Institute at Port Aransas (UTMSI), and the U.S. Army Corps of Engineers (COE; Fort Worth District). AMEND. NO. 4 EXHIBIT "A" Page 1 of 5 Nueces Bay Salinity Monitoring — Freshwater Inflow This is an ongoing project originating in the fall of 1991. Nueces Bay salinity monitoring by CBI consists of 2 monitoring platforms in the bay: one near Whites Point (SALT03) and the other mid bay, near the CPL power lines (SALT01); plus one station in the Nueces River (SALT05). In addition, with support from CBBEP, CBI will continue to maintain SALT08, at the mouth of the Rincon Bayou, which was, until recently, sponsored by the City. Parameters measured at stations SALT01, SALT03 and SALT05 include salinity, conductivity, dissolved oxygen, water temperature, water depth, and pH. The stations are located in such a manner to track fresh water inflows into Nueces Bay using salinity levels as the indicator. Relief for required freshwater releases may be taken by the City if the salinity levels in Nueces Bay fall below the Upper Salinity Bounds. A daily running report (http://lighthouse.tamucc.edu/salrel) produced by CBI and the Nueces River Authority (NRA) shows the current freshwater relief status. Nueces Delta Diversion Project — Freshwater Inflow The City has designed and built a diversion channel from the Nueces River into the delta at the head of the Rincon Bayou channel. The diverted river water is designed to flow into the Rincon Bayou and adjacent wetland. UTMSI, HRI, and CCS are presently conducting long-term ecological studies of the effects of this diversion. Five salinity monitoring stations along the Rincon Bayou, beginning at the head and ending of Nueces Bay have been established to determine the fate of freshwater diversions from the pipeline. Nueces Bay Tidal and Meteorological Station The Texas Coastal Oceanic Observation Network (TCOON) operated a tidal/meteorological station (011) in the upper part of Nueces Bay at Whites Point. This station was replaced in the winter of 2010 with a new tidal monitoring platform (185) just across the bay, near the mouth of the Nueces River. Although not an official TCOON station, all maintenance and operation of the tidal station will follow TCOON protocols. Precise water level measurements from this station are used as a reference for work by the others in the various projects in the bay, river, and delta. The initial installation and maintenance was funded by the CBBEP. Funding for continuing maintenance of this station is currently being sought. Station Service and Maintenance All water quality monitoring stations consist of a Hydrolab© water quality datasonde, a modem, data collection platform, and 12 volt solar power system. TAMUCC owns and maintains all monitoring equipment. Freshly calibrated units are exchanged with units on the station every 2 to 3 weeks, depending on the degree of observed marine fouling on the instruments. The Hydrolabs° are taken back to CBI for post calibration and preparation for future service. An annual maintenance agreement with HydrotechZS ensures the accuracyof the Hydrolab© units. Covered under this agreement are all components of the Hydrolab©, ensuring that the instruments deployed meet factory standards. All datasondes will be placed under the annual service agreement to ensure continual data collection at all stations. AMEND. NO. 1 EXHIBIT "A" Page 2 of 5 Data Collection A computer program, written by staff at CBI, polls each station every six minutes. Five measurements are requested from each instrument, these five are then averaged. The hourly averages are then placed into the database and reported on the CBI web site. Daily salinity reports are produced showing the running ten and seven day averages as well as the daily average (http://www.nueces-ra.org/CP/CITY/passthrufindex.php). Monthly salinity levels in relation to the Upper and Lower Salinity bounds are found at http://lighthouse.tamucc.edu/salrel, and are used to help determine if the City may take credits to offset scheduled freshwater releases from the storage impounds. Instrument Calibration All calibration standards used are NIST traceable, and purchased from HydrotechZS. Calibration and post - calibration methods used are those established by the manufacturer of Hydrolab°. All calibration and post - calibration records are kept on the CBI environmental monitoring database and available upon request. An instrument maintenance agreement with HydrotechZS is used with each Hydrolab©. Each unit is sent to the manufacturer annually for inspection and refurbishment. All components of the instrument are covered under the warranty agreement and they are replaced as needed. Collaborative Monitoring This proposed continuation of the salinity monitoring program is designed to provide data to support those research efforts currently being done by CCS, UTMSI, HRI, COE, CBBEP, USGS and the City. Should the need or occasion arise where additional monitoring efforts are required, CBI will be in a position to support those efforts. Schedule of Work and Fee for Service The Conrad Blucher Institute for Surveying and Science at Texas A&M University — Corpus Christi hereby agrees for the duration of one year (1 October, 2014 through 30 September, 2015) to perform all services necessary to provide water quality monitoring, as described in this proposal. The budget for 1 October, 2014 through 30 September, 2015 is $97,687 and is enclosed with this proposal. AMEND. NO. 1 EXHIBIT "A" Page 3 of 5 Budget Summary TOTAL Salaries & Benefits $57,692 Travel Pool $6,178 Supplies $4,000 Other Expenses (IP modem fee, freight service $6,700 warranty) Indirect $23,117 TOTAL $97,687 AMEND. NO. 1 EXHIBIT "A" Page 4 of 5 NUECES BAY SYSTEM SALINITY AND FRESHWATER INFLOW MONITORING 2014-2015 SUMMARY OF FEES ORIGINAL CONTRACT AMEND. NO. 1 TOTAL 1 Salaries & Benefits $50,263.00 $57,692.00 $107,955.00 2 Travel Pool 10,005.00 6,178.00 16,183.00 3 Supplies 4,000.00 4,000.00 8,000.00 4 Other Expenses 7,950.00 6,700.00 14,650.00 5 Indirect 22,387.00 23,117.00 45,504.00 TOTAL 94,605.00 97,687.00 192,292.00 11/12/13 M2013-170 M2014 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for. Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $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% SUPPLIER NUMBER ii TO BE ASSIGNED BY CITY PURCHASING DIVISION City of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Conrad Blucher Institute at Texas A&M University -Corpus Christi P. O. BOX: STREET ADDRESS: 6300 Ocean Drive, Unit 5799 CITY: Corpus Christi ZIP: 78412 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 4. Association 5. �2;C._ 3v i',a-V7/ n / / ' 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.' NNaalmee Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Nam Board, 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 an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Nar/rt Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, 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 he made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)I 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. Vice President for Research, Certifying Person: Dr. Luis Cifuentes Title: Commercialization, & Outreach (Type or Print) Signature of Certifying r /� Date:. Y'l 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. Corpus Chr sti Capital Programs Nueces Bay System Salinity & Freshwater Inflow Monitoring 2014-2015 Council Presentation September 16, 2014 Project Scope 0 Corpus Chr sti Capital Programs • Ongoing project originating in the Fall of 1991 • Maintenance and real-time data collection salinity monitoring stations in Nueces Bay (2) in the Nueces River (1). • Data is available to the public at http://www.cbi.tamucc.edu/Nueces- BayWater-Quality-Monitoring • Salinity reduction data is used to determine flow freshwater releases from the Wesley Seale Dam into Nueces Bay Estuary to satisfy requirements put forth in the Texas Natural Resource Conservation Commission agreed order (found at: http://www.nueces-ra.org/CP/CITY/pdfs/agreed order.pdf) • Salinity maintenance and data collection performed by the Conrad Blucher Institute for Surveying and Science at Texas A&M University — Corpus Christi. • Passthru Reports provide to the public the Nueces River Authority's website: http://www.nueces-ra.org/CP/CITY/passthru/index.php • Salinity relief values are available at: http://lighthouse.tamucc.edu/salrel 2 Project Scope Corpus Chr sti Capital Programs PROJECT # 84 HWaa SALINATION MONITORING STATIONS SALT03, -N / O AGNUS AGNUS _ 32 0 ORGAN o BEAR POINT O LOCATION MA12)?ro,,,, ti� rRo oRF'Scq�oo _4 Project Schedule Corpus Chr sti Capital Programs Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Monitoring Services Project Estimate: October 1, 2014 to September 30, 2015 TOTAL Project Budget too Corpus Chr sti Capital Programs FUNDS AVAILABLE: Water Operating FUNDS REQUIRED: *Original (Conrad Blucher Institute, TAMU-CC) Amend. No. 1 (Conrad Blucher Institute, TAMU-CC) THIS CONTRACT $202,868 $94,605 $97,687 Reimbursements $10,576 PROJECT BUDGET BALANCE $202,868 *Original contract approved by City Council on November 12, 2013 by Motion No. M2013-170 $0 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 16, 2014 Action Item for City Council Meeting September 23, 2014 DATE: 9/5/2014 TO: Ronald L. Olson, City Manager THRU: Susan K. Thorpe, Assistant City Manger SThorpe@cctexas.com 361-826-3898 Eddie Ortega, HCD Director EddieO@cctexas.com 361-826-3234 FROM: Rudy Bentancourt, CD Administrator RudyB@cctexas.com 361-826-3021 Resolution to acknowledge the Homeless Housing and Services Program funding from TDHCA to the Mother Teresa Shelter, Inc. CAPTION: Resolution to acknowledge the current FY2014-2015 funding allocation of $199,843 provided by the Texas Department of Housing and Community Affairs to Mother Teresa Shelter, Inc. for the Homeless Housing and Services Program; and to have each City Council member submit a TDHCA "Uniform Previous Participation Form". PURPOSE: Purpose of the resolution is for City Council to acknowledge the FY2014-2015 funding awarded to the Mother Teresa Shelter, Inc. in order for the Texas Department of Housing and Community Affairs to enter in a binding agreement with Mother Teresa Shelter, Inc. for the administration of the funds. BACKGROUND AND FINDINGS: In 2009, the City of Corpus Christi received a Homeless Housing and Services Program (HHSP) grant in the amount of $779,446 from the Texas Department of Housing and Community Affairs (TDHCA). The HHSP grant is provided to the eight largest cities in Texas and is awarded every two years from General Revenue funds by the Texas Legislature. Allowable activities under the HHSP grant include construction, development or procurement of housing for homeless persons; rehabilitation of structures targeted to serving homeless persons or persons at -risk of homelessness; provisions of direct services and case management to homeless persons or persons at -risk of homelessness; or other homeless -related activities as approved by TDHCA. On November 10, 2009 the City Council passed a Resolution (#028425) to accept the allocation and appoint the Mother Teresa Shelter, Inc. as the sole direct designee to provide services in lieu of the City. To date, the award has renewed every two years during the Texas Legislative session. Though the HHSP grant award is designated to "pass-through" the City, TDHCA and Mother Teresa Shelter, Inc. have a direct contractual agreement for the use of the HHSP funds. HHSP guidelines require that the City, as the funding recipient and governing body, is required to submit Uniform Previous Participation Forms for each City Council member, City Administrator, and Department Director. The form is an acknowledgement of any TDHCA contract in which the City is directly involved in. The information on #2 of the form will be an acknowledgement of the HHSP funding received by Mother Teresa Shelter, Inc. within the last three (3) years. The form has not previously been required, however TDHCA now requires that in order for Mother Teresa, Inc. to receive HHSP funding, all parties involved, including Mother Teresa Shelter, Inc. staff and board members and the City Council of the City of Corpus Christi must acknowledge said funding allocation. Upon the passing of the Resolution, City staff will facilitate the completion of the Uniform Previous Participation Form as the Resolution will serve as the overall acknowledgement of the funds to be received by Mother Teresa Shelter, Inc. The form requires no signatures, therefore, once the Resolution is passed, City staff will include the name of the City Council member on the forms individually and submit the forms along with the Resolution of the City Council acknowledging the FY2014-2015 HHSP funding to Mother Teresa Shelter, Inc. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval is required EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Housing and Community Development Department Legal FINANCIAL IMPACT: Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: HCD requests the passing of the resolution. LIST OF SUPPORTING DOCUMENTS: Uniform Previous Participation Form Resolution Historical Resolution #028425 Resolution to acknowledge the current FY2014-2015 funding allocation of $199,843 provided by the Texas Department of Housing and Community Affairs to Mother Teresa Shelter, Inc. for the Homeless Housing and Services Program; and to have each City Council member submit a TDHCA "Uniform Previous Participation Form". Whereas, in 2009 the City of Corpus Christi received a Homeless Housing and Services Program (HHSP) grant in the amount of $779,446 from the Texas Department of Housing and Community Affairs (TDHCA) which is to be used for homeless -related activities; Whereas, on November 10, 2009 the City Council passed a Resolution (#028425) to accept the allocation and appoint Mother Theresa Shelter, Inc. as the sole direct assignee to provide services in lieu of the City; Whereas, Mother Teresa Shelter, Inc. has received a funding allocation from the TDHCA for FY2014-2015 in the amount of $199,843 for the HHSP; and Whereas, although not previously required, the TDHCA now requires that in order for Mother Theresa Shelter, Inc. to receive the current FY2014-2015 funding allocation of $199,843 for the HHSP, the City Council of the City of Corpus Christi must acknowledge said funding allocation and each Council member must submit a TDHCA "Uniform Previous Participation Form". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: Section 1. The City Council for the City of Corpus Christi hereby acknowledges the current FY2014-2015 funding allocation of $199,843 provided by the TDHCA to Mother Teresa Shelter, Inc. for the HHSP; and Section 2. Each City Council member shall submit a TDHCA "Uniform Previous Participation Form". PASSED AND APPROVED this day of , 2014 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas of , 2014 Nelda Martinez Mayor 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 Uniform Previous Participation Form Identify the subrecipient/entity legal name and contact information for the person designated to address questions from TDHCA staff regarding this form and/or the previous participation review. Subrecipient/Entity Legal Name: Mother Teresa Shelter, Inc. Designated Contact Name: Linda McKamie, Executive Director Designated Contact Email: Imckamie@diocesecc.org Complete Sections 1, 2 and 3 for each person/entity that has or will have a controlling interest or oversight in the contract, award, agreement or ownership transfer being considered. This form should also be completed for each board member, individual with signature authority, executive director or elected official that represents the person/entity (as applicable). Person/Role: 1. List experience with all TDHCA rental development programs (including: HTC, HTC Exchange, HOME (RHD), NSP and BOND) that you have controlled at any time. By placing an X in this box, I certify that I have no prior experience with any TDHCA administered affordable rental program. X TDHCA ID# Property Name Property City Program Control began (mm/YY) Control End (mm/YY) 2.List any TDHCA Community Affairs Contract Activities (including: CSBG, CEAP, WAP, HHSP, and ESG) that you had experience overseeing within the last 3 years. By placing an X in this box, I certify that I have no prior experience with any TDHCA Community Affairs Contract Activity. TDHCA Contract ID# Grantee, Contractor or Sub-Recipient Name Program Contract Begin (mm/yy) Contract End (mm/yy) 63100000890 Mother Teresa Shelter, Inc. HHSP 10-Oct 11-Aug 63140001775 Mother Teresa Shelter, Inc. HHSP 13-Oct 14-Aug 3. List experience with Single Family TDHCA programs and activities (including: HOME (HRA, HBA, CFDC, TBRA or SFD), all HTF/OCI activities (including: AYBR, Bootstrap, and Colonia Self-Help Centers), NSP and any other Single Family awards that you had experience overseeing within the last 3 years. By placing an X in this box, I certify that I have no prior experience with any Single Family TDHCA programs or activity. X TDHCA Contract ID# Administrator Name (Grantee, Contractor or Sub-Recipient) Program Contract Begin (mm/yy) Contract End (mm/yy) July 2014 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT AN ALLOCATION FROM THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS IN THE AMOUNT OF $779,446 FOR THE HOMELESS HOUSING AND SERVICES PROGRAM; APPOINTING MOTHER TERESA SHELTER, INC., AS THE SOLE DIRECT DESIGNEE TO PROVIDE SERVICES, IN LIEU OF THE CITY, FOR THE EXPANSION OF DAYTIME SHELTER SERVICES TO BENEFIT THE HOMELESS; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL RELATED DOCUMENTS NECESSARY TO IMPLEMENT THE PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept an allocation from the Texas Department of Housing and Community Affairs in the amount of $779,446 for the Homeless Housing and Services Program. Additionally, the City Council appoints Mother Teresa Shelter, Inc., as the sole direct designee to provide services, in lieu of the City, for the expansion of daytime shelter services to benefit the homeless. Furthermore, the City Manager or his designee is authorized to execute all related documents necessary to implement the program. ATTEST: Armando Chapa City Secretary APPROVED: November 10, 2009 Eliz. • : h R. Hundley Ass ` . nt City Attorney for the City Attorney EHres255.doc CITY OF CORPUS CHRISTI Joe Ada°1-1 Mayor �. 28425 Corpus Christi, Texas //1k day of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 8425 First Reading Ordinance for the City Council Meeting of 9/16/14 Second Reading Ordinance for the City Council Meeting of 9/23/14 DATE: TO: September 4, 2014 Ronald L. Olson, City Manager FROM: Laura Z. Garcia, Library Director lauraga@cctexas.com 826-7070 Accepting and appropriating grant and reimbursement funds from the Texas State Library and Archives Commission for Corpus Christi Public Libraries. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept grants from the Texas State Library and Archives Commission ("TSLAC") in the amount of $8,373 for the Impact Grant, in the amount of $37,226 for the Special Projects Grant, in the amount of $4,822 for the Edge Implementation Reimbursement Program, and in the amount of $3,000 for the Texas Reads Grant; and appropriating $53,421 from TSLAC in the Library Grants Fund No. 1068. PURPOSE: To be used for library services. BACKGROUND AND FINDINGS: Funds from the U.S. Institute of Museum and Library Services (IM LS) to the Texas State Library and Archives Commission (TSLAC) made the following grants possible: 1) Texas Read $3,000 — Science kits will be purchased to continue the focus on STEM (Science, Technology, Engineering and Math) programs. 2) Impact $8,373 — A mobile lab will be created to provide digital literacy classes to the public throughout the library system and at outreach locations. 3) Special Projects $37,226 - This grant will provide programming by means of iPad technology to three underserved populations. (1) Programming at the Library for Adults with intellectually, developmental, visual and hearing disabilities (2) Outreach programming for seniors at Senior Centers, Adult Daycares and Assisted Living Facilities (3) Outreach programming for families residing in local shelters, Metro Ministries Rainbow House and Women's Shelter of South Texas. Edge initiative reimbursement $4,822 — Network printers with wireless capability and scanners were purchased. The Library will be offering wireless printing and digital scanning services in the coming months. CCPL is participating in the Edge initiative which was developed by a national coalition of leading library and local government organizations, funded by the Bill and Melinda Gates Foundation and led by the Urban Libraries Council. The purpose of the initiative is to support libraries in making strategic decisions and identifying areas for improvement. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This conforms to policy regarding appropriations. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 53,421 53,421 BALANCE 53,421 53,421 Fund(s): Comments: None. RECOMMENDATION: Staff recommends acceptance and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance. Ordinance authorizing the City Manager or designee to execute all documents necessary to accept grants from the Texas State Library and Archives Commission ("TSLAC") in the amount of $8,373 for the Impact Grant , in the amount of $37,226 for the Special Projects Grant, in the amount of $4,822 for the Edge Implementation Reimbursement Program, and in the amount of $3,000 for the Texas Reads Grant; and appropriating $53,421 from TSLAC in the Library Grants Fund No. 1068. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all necessary documents to accept a grant in the amount of $8,373 from the Texas State Library and Archives Commission ("TSLAC") for the Impact Grant for the period of September 1, 2014 through August 31, 2015. SECTION 2. The City Manager or designee is authorized to execute all necessary documents to accept a grant in the amount of $37,226 from TSLAC for the Special Projects Grant for the period of September 1, 2014 through August 31, 2015. SECTION 3. The City Manager or designee is authorized to execute all documents necessary to accept a grant from TSLAC in the amount of $4,822 for the Edge Implementation Reimbursement Program. SECTION 4. The City Manager or designee is authorized to execute all necessary documents to accept a grant in the amount of $3,000 from TSLAC for the Texas Reads Grant for the period of September 1, 2014 through August 31, 2015. SECTIONS. That $53,421 from TSLAC is appropriated in the Library Grants Fund No. 1068 for execution of grant programs. 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: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading for the City Council Meeting of September 16, 2014 Second Reading for the City Council Meeting of September 23, 2014 DATE: TO: FROM: August 25, 2014 Ronald L. Olson, City Manager Fred A. Segundo, Director of Aviation FredS@cctexas.com 289-0171 ext.1213 Appropriation of Federal Aviation Administration Grant No. 3-48-0051-048-2011, Amendment 2 for the security and perimeter road improvements s at Corpus Christi International Airport. CAPTION: Ordinance appropriating $92,864 from the Federal Aviation Administration Grant No. 3-48-0051- 048-2011, Amendment No. 2, in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport; changing the FY 2013-2014 capital budget adopted by Ordinance No. 029916 by increasing revenues and expenditures by $92,864. PURPOSE: The Federal Aviation Administration (FAA) funds major capital improvements at Corpus Christi International Airport (CCIA) through its Airport Improvement Program (AIP) grants. The FAA previously offered Grant 48 in the amount of $3,250,000 to the City of Corpus Christi to fund upgrades to security and perimeter road systems. In addition, City Council approved Amendment No. 1 in the amount of $62,249 on December 10, 2013. The project scope includes placing a portion of the fiber optic infrastructure around the airport perimeter road, three automatic rolling gates, access control readers and various surveillance cameras were installed to enhance airport security. And therefore complete the project. BACKGROUND AND FINDINGS: During the construction phase, additional opportunities for enhanced automatic gate and access control improvements were identified. The additional improvements were presented to the FAA Program Manager and approved for additional funding through Amendment Number 2 to Grant 48 in the amount of $92,864. ALTERNATIVES: The only alternative would be for the additional project costs to be funded entirely from Airport funds or foregoing the additional improvements. Airport staff is of the opinion that improvements provide a substantial benefit to the terminal building. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The project is consistent with Airport Master Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget FINANCIAL IMPACT: ❑ Operating ❑ Revenue ® Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,312,249 0 0 $3,312,249 Encumbered / Expended Amount $0 $0 0 $0 This item 0 $92,864 0 $92,864 BALANCE $3,312,249 $92,864 0 $3,405,113 Fund: 3020 Airport CIP Fund Grants RECOMMENDATION: Staff recommends approval of the Ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance FAA Award Letter Page 1 of 2 Ordinance Appropriating $92,864 from the Federal Aviation Administration Grant No. 3-48-0051-048-2011, Amendment No. 2, in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport; changing the FY 2013- 2014 capital budget adopted by Ordinance No. 029916 by increasing revenues and expenditures by $92,864. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. A grant amendment in the amount of $92,864 from the Federal Aviation Administration Grant No. 3-48-0051-048-2011, Amendment No. 2, is appropriated in the No. 3020 Airport Capital Improvement Fund to upgrade security and perimeter road systems at Corpus Christi International Airport. SECTION 2. The fiscal year 2013-2014 capital budget adopted by Ordinance No. 029916 is amended to increase revenues and expenditures by $92,864 each. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, 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 , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb Ordinance Grant 48 Amendment2 Appropriation 20140902 Page 2 of 2 PASSED AND APPROVED this the day of , 2014 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Ordinance Grant 48 Amendment2 Appropriation 20140902 Nelda Martinez Mayor U.S. Department of Transportation Federal Aviation Administration August 20, 2014 Federal Aviation Administration Southwest Region, Airports Division, Texas Airports Development Office Mr. Fred Segundo Airport Director Corpus Christi International Airport 1000 International Blvd. Corpus Christi, Texas 78406 Dear Mr. Segundo: Fort Worth, Texas 76193-0650 This is in response to your letter of July 1, 2014 requesting an amendment to the Grant Agreement for AIP Project No. 3-48-0051-048-2011 at Corpus Christi International Airport, Texas. In accordance with. Grant Special Condition No. 16 which states in part: "It is mutually understood and agreed that ... if there is an overrun in the eligible project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (15%) percent limitation and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified." This Grant Agreement, accepted on September 13, 2011 is hereby amended by this Amendment No. 2 by increasing the amount set forth on Page 2 of the Grant Agreement from $3,250,000.00 to $3,405,113.00. This increase in the maximum obligation is to provide for allowable 5.0 % cost overrun of $92,864.00. If you have any questions or if we can be of additional service, please contact us. Edward N. Agnew, i ag e r Texas Airports Devel,► sm: t Office AGENDA MEMORANDUM First Reading for the City Council Meeting of September 16, 2014 Second Reading for the City Council Meeting of September 23, 2014 DATE: September 3, 2014 TO: Ronald L. Olson, City Manager FROM: Fred A. Segundo, Director of Aviation FredS@cctexas.com 289-0171 ext.1213 Appropriate Federal Aviation Administration Grant No. 3-48-0051-051-2014 in the amount of $6,500,000 to rehabilitate Taxiways at Christi International Airport. CAPTION: Ordinance appropriating $6,500,000 from the Federal Aviation Administration Grant No. 3-48- 0051-051-2014 in the No. 3020 Airport Capital Improvement Fund to rehabilitate Taxiways B, B1, B2, B3, B4 and B5 at Corpus Christi International Airport; changing the FY 2013-2014 capital budget adopted by Ordinance No. 029916 by increasing revenues and expenditures by $6,500,000. PURPOSE: The Federal Aviation Administration (FAA) funds major capital improvements at Corpus Christi International Airport (CCIA) through its Airport Improvement Program (AIP) grants. FAA Grant 51, in the amount of $6,500,000, will fund the rehabilitation of Taxiways B, B1, B2, B3, B4 and B5. BACKGROUND AND FINDINGS: Rehabilitation of the airport taxiway system is a major objective for the FAA and CCIA. The Taxiway Rehabilitation and Reconfiguration Project reflects major emphasis on the construction of a connecting taxiway system consistent with new FAA safety criteria for taxiways adjoining runways. A taxiway is a path that connects runways, ramps and terminals. The new connecting taxiway system will serve the runway by safely and efficiently locating all connecting taxiways at strategic locations relative to the new runway end locations. Project also includes the run-up area, removal of older section of pavement, runway lighting, and LED lighting and signage on taxiways and Airport Lighting Control System (ALCS). The existing surface of Taxiways will be rehabilitated via cold -tar application and marked accordingly. The grant requirements include a 10% local match which will be funded from Airport capital reserves. ALTERNATIVES: No viable alternatives exist for the funding of this project. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The project is consistent with the Airport Master Plan EMERGENCY / NON -EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Legal Capital Budget Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ® Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $210,000 $2,623,000 $2,833,000 Encumbered / Expended Amount This item 6,500,000 6,500,000 BALANCE $210,000 $9,123,000 $9,333,000 Fund(s): Airport CIP Grants (3020) and Airport 2012 CO CIP (3026) RECOMMENDATION: Approval of appropriation ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance FAA Grant Agreement Page 1 of 2 Ordinance Appropriating $6,500,000 from the Federal Aviation Administration Grant No. 3-48-0051-051-2014 in the No. 3020 Airport Capital Improvement Fund to rehabilitate Taxiways B, B1, B2, B3, B4 and B5 at Corpus Christi International Airport; changing the FY 2013-2014 capital budget adopted by Ordinance No. 029916 by increasing revenues and expenditures by $6,500,000. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. A grant in the amount of $6,500,000 from the Federal Aviation Administration Grant No. 3-48-0051-051-2014 is appropriated in the No. 3020 Airport Capital Improvement Fund to rehabilitate Taxiways B, B1, B2, B3, B4 and B5 at Corpus Christi International Airport. SECTION 2. The fiscal year 2013-2014 capital budget adopted by Ordinance No. 029916 is amended to increase revenues and expenditures by $6,500,000 each. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, 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 , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb Ordinance Grant 51 Appropriation 20140902 Page 2 of 2 PASSED AND APPROVED this the day of , 2014 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Ordinance Grant 51 Appropriation 20140902 Nelda Martinez Mayor U.S. Department of Transportation Federal Aviation Administration S!•' ONSO GRANT AGREEMENT PART 1— OFFER copy Date of Offer Airport/Planning Area AIP Grant Number DUNS Number TO: The City of Corpus Christi, Texas JUL 1 2814 Corpus Christi International Airport, Texas 3-48-0051-051-2014 782001259 (herein called the "Sponsor") The United States of America (acting through the Federal Aviation Administration, herein called the FROM: "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated June 19, 2014, for a grant of Federal funds for a project at or associated with the Corpus Christi International Airport, Texas, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Corpus Christi International Airport, Texas (herein called the "Project") consisting of the following: Rehabilitate Taxiways B, B1, B2, B3, B4 and B5 which is more fully described in the Project Application. NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958, as amended and recodified, 49 U.S.C. 40101, et seq., and the former Airport and Airway Improvement Act of 1982 (AAIA), as amended and recodified, 49 U.S.C. 47101, et seq., (herein the AAIA grant statute is referred to as "the Act"), the representations contained in the Project Application, and in consideration of (a) the Sponsor's adoption and ratification of the Grant Assurances dated April 3, 2014, and the Sponsor's acceptance of this Offer, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 90 percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1IPage 3-48-0051-051-2014 CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $6,500,000.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b), the following amounts are being specified for this purpose: $6,500,000.00 for airport development. 2. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 3. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with the regulations, policies and procedures of the Secretary. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this agreement, and the regulations, policies and procedures of the Secretary. The Sponsor also agrees to comply with the assurances which are part of this agreement. 5. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 6. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before July 23, 2014, or such subsequent date as may be prescribed in writing by the FAA. 7. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 8. United States Not Liable for Damage or Injury. The United States is not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 2IPage 3-48-0051-051-2014 9. System for Award Management (SAM) Registration And Universal Identifier. A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). B. Requirement for Data Universal Numbering System (DUNS) Numbers 1. The Sponsor must notify potential subrecipient that it cannot receive a contract unless it has provided its DUNS number to the Sponsor. A subrecipient means a consultant, contractor, or other entity that enters into an agreement with the Sponsor to provide services or other work to further this project, and is accountable to the Sponsor for the use of the Federal funds provided by the agreement, which may be provided through any legal agreement, including a contract. 2. The Sponsor may not make an award to a subrecipient unless the subrecipient has provided its DUNS number to the Sponsor. 3. Data Universal Numbering System: DUNS number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D & B) to uniquely identify business entities. A DUNS number may be obtained from D & B by telephone (currently 866-492-0280) or the Internet (currently at http://fedgov.dnb.com/webform). 10. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 11. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. If the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the FAA can issue a letter to the Sponsor amending the grant description. By issuing an Informal Letter Amendment, the FAA has changed the grant amount or grant description to the amount or description in the letter. 12. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this grant. 13. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 14. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract. 3 I Page 3-48-0051 -051 -201 4 15. Maximum Obligation Increase For Primary Airports. In accordance with 49 U.S.C. § 47108(b), as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: A. may not be increased for a planning project; B. may be increased by not more than 15 percent for development projects; C. may be increased by not more than 15 percent for land project. 16. Audits for Public Sponsors. The Sponsor must provide for a Single Audit in accordance with 2 CFR Part 200. The Sponsor must submit the Single Audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. The Sponsor must also provide one copy of the completed 2 CFR Part 200 audit to the Airports District Office. 17. Suspension or Debarment. The Sponsor must inform the FAA when the Sponsor suspends or debars a contractor, person, or entity. 18. Ban on Texting When Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgra nt. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B. The Sponsor must insert the substance of this clause on banning texting when driving in all subgrants, contracts and subcontracts 19. Trafficking in Persons. A. Prohibitions: The prohibitions against trafficking in persons (Prohibitions) that apply to any entity other than a State, local government, Indian tribe, or foreign public entity. This includes private Sponsors, public Sponsor employees, subrecipients of private or public Sponsors (private entity) are: 1. Engaging in severe forms of trafficking in persons during the period of time that the agreement is in effect; 2. Procuring a commercial sex act during the period of time that the agreement is in effect; or 3. Using forced labor in the performance of the agreement, including subcontracts or subagreements under the agreement. B. In addition to all other remedies for noncompliance that are available to the FAA, Section 4I Page 3-48-0051 -051 -201 4 106(g) of the Trafficking Victims Protection Act of 2000 (NPA), as amended (22 U.S.C. 7104(g)), allows the FAA to unilaterally terminate this agreement, without penalty, if a private entity – 1. Is determined to have violated the Prohibitions; or 2. Has an employee who the FAA determines has violated the Prohibitions through conduct that is either— a. Associated with performance under this agreement; or b. Imputed to the Sponsor or subrecipient using 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 49 CFR Part 29. 2 0. Exhibit A Included with Grant Application. The Exhibit "A" updated May 18, 2012, submitted with the project application is made a part of this grant agreement. 5IPage 3-48-0051-051-2014 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRA ION 4.-C,6--t-f Edward N. Manager, Texas Airports Development Office 6IPage 3-48-0051-051-2014 PART II - ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. I declare under n ItteS perjury that foregoing is true andicorrect.1 Executed this _ r of i.day L1 , c�a 1 ` 4 By: Title: Y ame onsor) (Signature onsor's Designated Official Representative) Wesley S. Pierson (Typed Name of Sponsor's Designated Official Representative) GS MaAvencr (Title of Spon or) CERTIFICATE OF SPONSOR'S ATTORNEY 1, lZC611" I -boi , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of ‘Te.SCC.Z.9 . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. r: Dated at a this day of 4,71(K,f, / /i�By •� nature of Sponsor's Attorney 1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001(False Statements) and could subject you to fines, imprisonment, or both. 7IPage 3-48-0051-051-2014 OMB Number. 4040-0004 Expiration Date: 03/31/2012 pplication for Federal Assistance SF -424 *1. Type of Submission ❑ Preapplication * 2. Type of Application * If Revision, select appropriate letter(s): * Other (Specify) ✓ New ❑ Continuation ❑ Revision ✓ Application ❑ Changed/Corrected Application * 3. Date Received: 4. Application Identifier: 5a. Federal Entity Identifier: 3-48-0051-051-2014 * 5b. Federal Award Identifier: 3-48-0051-051-2014 State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: * a. Legal Name: City of Corpus Christi, Texas * b. Employer/Taxpayer Identification Number (EIN/TIN): 74-600074 *c. Organizational DUNS: 782001259 d. Address: * Streets: 1000 International Drive Street 2: * City: Corpus Christi County: Nueces * State: Texas Province: Country: USA *Zip/ Postal Code: 78406-1801 e. Organizational Unit: Department Name: City of Corpus Christi, Texas Division Name: Aviation Department f. Name and contact information of person to be contacted on matters involving this application: Prefix: Mr. First Name. Fernando Middle Name: * Last Name: Segundo Suffix: Title: Director of Aviation Organizational Affiliation: Corpus Christi International Airport 1000 International Drive Corpus Christi, TX 78406-1801 * Telephone Number: 361-289-0171 ext. 1213 Fax Number: 361-289-0251 * Email: FredS(a?cctexas.com OMB Number: 4040-0004 • Application for Federal Assistance SF -424 9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: - Select One - Type of Applicant 3: Select Applicant Type: - Select One - * Other (specify): * 10. Name of Federal Agency: Federal Aviation Administration,Texas ADO, Fort Worth, Tx. 76193-0610 11. Catalog of Federal Domestic Assistance Number: 20.106 CFDA Title: Airport Improvement Program 12. Funding Opportunity Number: 3-48-0051-051-2014 Title: Rehabilitate Taxiways B, B1, B2, B3, B4, and B5. 13. Competition Identification Number: 3-48-0051-051-2014 Title: Rehabilitate Taxiways B, B1, B2, B3, B4, and B5. 14. Areas Affected by Project (Cities, Counties, States, etc.): City of Corpus Christi, Nueces County, San Patricio County, Texas * 15. Descriptive Title of Applicant's Project: Rehabilitate Taxiways B, B1, B2, B3, B4, and B5. Attach supporting documents as specified in agency instructions. OMB Number: 4040-0004 Expiration Date: 03/31/2012 Application for Federal Assistance SF -424 16. Congressional Districts Of: Tx -27 * a. Applicant Tx -27 * b. Program/Project: Attach an additional list of Program/Project Congressional Districts if needed. 17. Proposed Project: Rehabilitate Taxiways B, B1, B2, B3, B4 and B5 * a. Start Date: July 29,2014 * b. End Date: December 10,2015 18. Estimated Funding ($): *a. Federal $6,500,000.00 *b. Applicant $722,223.00 c. State *d. Local $0.00 *e. Other $0.00 *f. Program Income $0.00 *g. TOTAL $7,222,223.00 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. / c. Program is not covered by E.O. 12372. *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) Yes / No 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001). ,/ **I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: Mr. *First Name: Fernando Middle Name: *Last Name: Segundo Suffix: *Title: Director of Aviation *Telephone Number: 361-289-0171 ext.1213 Fax Number: 361-289-0251 *Email: Fredscctexas.com cr *Signature of Authorized Representative: Date Signed: 6-23-2014 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION PART II PROJECT APPROVAL INFORMATION OMB NO. 2120-0569 11/30/07 Item 1. Does this assistance request require State, local, regional, or other priority rating? LI Yes X No Name of Governing Body: Priority: Item 2. Does this assistance request require State, or local advisory, educational or health clearances? Yes X No Name of Agency or Board: (Attach Documentation) Item 3. Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? Yes X No (Attach Comments) Item 4. Does this assistance request require State, local, regional or other planning approval? Yes X No Name of Approving Agency_ Date: / / Item 5. Is the proposed project covered by an approved comprehensive plan? X Yes Check one: No Location of Plan: State Local Regional X ACIP Item 6. Will the assistance requested serve a Federal installation? Yes X No Name of Federal Installation: Federal Population benefiting from Project: Item 7. Will the assistance requested be on Federal land or installation? Yes X No Name of Federal Installation: Location of Federal Land: Percent of Project: Item 8. Will the assistance requested have an impact or effect on the environment? Yes X No See instruction for additional information to be provided Item 9. Will the assistance requested cause the displacement of individuals, families, businesses, or farms? Yes X No Number of: Individuals. Families. Businesses. Farms. Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? Yes X No See instructions for additional information to be provided. FAA Form 5100-101 (6-73) SUPERSEDES FAA FORM 5910-1 AND 5920-1 Page 2 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R0209 PART II — SECTION C (SECTION B OMITTED) The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: Covered in the Corpus Christi International Airport 20 -year Master Plan and the City of Corpus Christi Airport Area Plan. This plan covers the Airport and its environs and has protection for the Airport written into it, including zoning ordinances. The area plan has been incorporated into the City's Comprehensive Plan. A Part 150 Noise Compatibility Study for the Corpus Christi International Airport was approved in September 2000. It was incorporated into the Airport's Master Plan to assume compatible land use surrounding the airport. 2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: NONE 3. Possible Disabilities. - There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: NONE 4. Land. - (a) The Sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport, subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the property map designated as Exhibit "A": Within existing Airport Boundary, See Exhibit "A" State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. CA A 17 -..... cA nn Ann /A 7Q\ U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 04-R0209 PART II — SECTION C (Continued) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "B": (c) N/A The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "B": N/A 5. Exclusive Rights. -There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: NONE * State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. r n A r_ _.__ r A 11 ll Ann IA -le, U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 80-R0184 PART III - BUDGET INFORMATION -- CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No. 2. Functional or Other Breakout 20.106 SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (-) 1. Administration expense $ $ $ 10,000.00 2. Preliminary expense $ 00.00 3. Land, structures, right of way $ 00.00 4. Architectural engineering basic fees $ 370,749.00 5. Other architectural engineering fees (Const. Mgmt., Inspection , Surveying & Testing) $ 500,000.00 6. Project inspection fees $ 00.00 7. Land development $ 00.00 8. Relocation Expenses $ 00.00 9. Relocation payments to Individuals and Businesses $ 00.00 10. Demolition and removal $ 00.00 11. Construction and project improvement $ 6,341,474.00 12. Equipment $ 00.00 13. Miscellaneous $ 00.00 14. Total (Lines 1 through 13) $ 7,222,223.00 15. Estimated Income (if applicable) $ 00.00 16. Net Project Amount (Line 14 minus 15) $ 7,223,223.00 17. Less Ineligible Exclusions $ 00.00 18. Add: Contingencies $ 00.00 19. Total Project Amt. (Excluding Rehabilitation Grants) $7,222,223.00 20. Federal Share requested of Line 19 $6,500.000.0 21. Add Rehabilitation Grants Requested (100 Percent) $ 00.00 22. Total Federal grant requested (Lines 20 & 21) $ 6,500,000.00 23. Grantee share $ 722,223.00 24. Other shares $ 00.00 25. Total project (Lines 22, 23 & 24) $ $ $ 7,222,223.00 GPO 865.480 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 80-R0184 SECTION C - EXCLUSIONS 26 Classification Ineligible for Participation (1) Excluded from Contingency Provision (2) a. $ $ b. c. d. e. f. g. Totals $0.00 $0.00 SECTION D — PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ 722.223.00 a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) Airport Reserves h. TOTAL — Grantee share 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL $722,223.00 SECTION E - REMARKS PART IV PROGRAM NARRATIVE (Attach — See Instructions) AGENDA MEMORANDUM First Reading Item for the City Council Meeting of September 16, 2014 Second Reading Item for the City Council Meeting of September 23, 2014 DATE: TO: September 5, 2014 Ronald L. Olson, City Manager THRU: Wes Pierson, Assistant City Manager Business Support Services WesP@cctexas.com (361) 826-3082 THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Interim Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Constance Sanchez, Director Financial Services ConstanceP@cctexas.com (361)826-3227 Ordinance Amending Fiscal Year 2014 Capital Budget Mary Rhodes Pipeline, Phase 2 CAPTION: Ordinance amending the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 by accelerating funding for the Mary Rhodes Pipeline Phase 2 in the amount of $14,000,000 from Fiscal Year 2015 to Fiscal Year 2014; and increasing expenditures in the amount of $14,000,000. PURPOSE: The purpose of this agenda item is to amend the Fiscal Year 2014 Water Capital Improvement Program Budget to accelerate funding for the Mary Rhodes Pipeline Phase 2. BACKGROUND AND FINDINGS: Due to the extension of the Fiscal Year from July 2014 to September 2014, funding programmed for construction expenditures in FY 2015 must be moved to FY 2014 to compensate for the expedited construction of the Mary Rhodes Pipeline Phase 2. This item needs to be approved so a wire transfer to the contractor may be completed prior to the fiscal year-end financial deadlines in place to facilitate the migration to the new financial system. When the Fiscal Year 2014 Water Capital Improvement Program Budget was developed, in Spring 2013, the anticipated construction timeline for the Mary Rhodes Pipeline Phase 2 was approximately three years. During the late stage of the design phase, the project was broken into different segments to allow for multiple contractors to work simultaneously and thus shorten the construction time. Currently, Garney Companies, Inc. of Kansas City Missouri, the contractor working on pipeline segments A, B, and C, has expedited construction and is approximately 8 to 10 percent ahead of schedule. Funds originally programmed to be spent in Fiscal Year 2015 must now be transferred to Fiscal Year 2014 to allow for prompt payment to this contractor in accordance with state law. This agenda item does not increase the total project budget. ALTERNATIVES 1. Approve the Ordinance as presented so payment is possible. 2. Do not approve the ordinance. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department Finance Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2013-2014 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $52,000,000 $98,000,000 $150,000,000 This Item 14,000,000 -14,000,000 14,000,000 Revised Budgeted Amount $66,000,000 $84,000,000 $150,000,000 Fund(s): Water CIP Mary Rhodes Pipeline, Phase 2 Revenue Bonds Comments: N/A RECOMMENDATION: City Staff recommends approval of the Ordinance as proposed so a wire transfer may be completed prior to the approval of the Fiscal Year 2015 Capital Budget and transition timelines for the new financial system. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE AMENDING THE FY 2014 CAPITAL IMPROVEMENT BUDGET ADOPTED BY ORDINANCE NO. 029916 BY ACCELERATING FUNDING FOR THE MARY RHODES PIPELINE PHASE 2 IN THE AMOUNT OF $14,000,000 FROM FISCAL YEAR 2015 TO FISCAL YEAR 2014; AND INCREASING EXPENDITURES IN THE AMOUNT OF $14,000,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to add $14,000,000 from Fiscal Year 2015 to Fiscal Year 2014 to the Mary Rhodes Pipeline Phase 2 project. SECTION 2. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is amended to increase expenditures in the amount of $14,000,000 to the Mary Rhodes Pipeline Phase 2 project. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of September 23, 2014 Second Reading for the City Council Meeting of September 30, 2014 DATE: August 22, 2014 TO: Ronald L. Olson, City Manager FROM: Julio Dimas, Interim Assistant Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Rezoning from Single -Family to Commercial and Multifamily For Gladys Mattie Smith Marital Trust, Patricia Peterson Nuss and Chris Ann Peterson Brown Property Address: 7901 South Padre Island Drive CAPTION: Case No. 0814-01 Gladys Mattie Smith Marital Trust, Patricia Peterson Nuss and Chris Ann Peterson Brown: A change of zoning from "RS -6" Single -Family 6 District to "CN -1" Neighborhood Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2 resulting in a change to the Future Land Use Plan. The property is described as being 14.24 acres out of Lots 23 and 24, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located south of Williams Drive between Ennis Joslin Road and Paul Jones Avenue. PURPOSE: To rezone property to allow apartment and retail uses. RECOMMENDATION: Planning Commission and Staff Recommendation (August 13, 2014): Approval of the rezoning from "RS -6" Single -Family 6 District to "CN -1" Neighborhood Commercial District on Tract 1 and to the "RM -3" Multifamily 3 District on Tract 2. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to "CN -1" Neighborhood Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2 to allow construction of a 336 -unit student housing development on 10.80 acres, and a convenience store and retail strip center on 3.44 acres. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. The Zoning Map amendment does not have a negative impact upon the surrounding neighborhood. ALTERNATIVES: Deny the request OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for a low density residential use. Although the proposed rezoning to the "CN -1" Neighborhood Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2 is not consistent with the adopted Future Land Use Plan, which slates the property for a low density residential use, our staff finds the proposed student housing development, convenience store, and retail strip center will have direct access to a major collector and is compatible with the present zoning and conforming uses of nearby property. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits Ordinance amending the Unified Development Code ("UDC"), upon application by Gladys Mattie Smith Marital Trust, Patricia Peterson Nuss and Chris Ann Peterson Brown ("Owners"), by changing the UDC Zoning Map in reference to a 14.24 -acre tract of land out of Lots 23 and 24, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District on Tract 1 and to the "RM -3" Multifamily 3 District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Gladys Mattie Smith Marital Trust, Patricia Peterson Nuss and Chris Ann Peterson Brown, ("Owners"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 13, 2014, during a meeting of the Planning Commission, and on Tuesday, September 23, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Gladys Mattie Smith Marital Trust, Patricia Peterson Nuss and Chris Ann Peterson Brown ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 14.24 -acre tract of land out of Lots 23 and 24, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located south of Williams Drive between Ennis Joslin Road and Paul Jones Avenue (the "Property"), from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District on Tract 1 (3.44 acres) and to the "RM -3" Multifamily 3 District on Tract 2 (10.80 acres), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of Tract 1 of the Property, Exhibit B, which is a metes and bounds description of Tract 2 of the Property, and Exhibit C, which is a map to accompany the metes and bounds descriptions, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 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: Rebecca Huerta City Secretary Nelda Martinez Mayor 0814-01 Ordinance, Gladys Mattie Smith Marital Trust Page 2 of 2 3.44 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 08896.B4.03 August 6, 2014 Fieldnotes, for a 3.44 Acre tract of land, of Lot 23, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas; said 3.44 Acre tract, being more fully described by metes and bounds as follows: Commencing, at a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR C.C. TX" found, on the Southwest line of Williams Drive, a public roadway, the Southeast line of the said Lot 24, from whence, a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR C.C. TX" found, on the North line of the said Williams Drive, for the South corner of Lot 1A, Block 4, Oso River Estates, Block 4, Lot IA, as recorded in Volume 68, Page 30 and 31 of the said Map Record, bears, North 28°35'20" East, 65.00 feet; Thence, North 61°09'54" West, with the said Southwest line of Williams Drive, 823.50 feet for the Point of Beginning and North corner of this tract; Thence, South 28°38'11" West, 571.00 feet, for the South corner of this tract; Thence North 61°09'54" West, 266,80 feet, for the West corner of this tract; Thence, North 28°50'06" East, 545.95 feet, to the Southeast corner of Ennis Joslin Road, for a corner of this tract and the beginning of a non -tangent curve to the right, having a radius point which bears, South 61°20'42" East, 15.00 feet, a central angle of 90'16'17", a radius of 15.00 feet, a tangent length of 15.07 feet and an arc length of 23.63 feet; Thence, with the arc of the said curve to the right, 23.63 feet, to a 5/8 inch iron rod, found, with cap stamped "Bass and Welsh Engineering" on the said Southwest line of Williams Drive, for a corner of this tract; Thence, South 61°09'54" East, with the said Southwest line, 100.00 feet, to a 5/8 inch iron rod, found, with a red plastic cap stamped "Urban Engr C.C. Tx", for a corner of the said Williams Drive and this tract; Thence, South 66°52'43" East, continuing with the said Southwest line, 100.45 feet, to a 5/8 inch iron rod, found, with a red plastic cap stamped "Urban Engr C.C. Tx", for a corner of the said Williams Drive and this tract; S:1Surveying188961B403\OFFICE\METES AND BOUNDS1008896B403-3.44 Acre Zoning 20140806.doc Page 1 of 2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 www.urbaaneng.com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 Exhibit A Thence, South 61°09'54" East, with the said Southwest line, 49.85 feet, to the Point of Beginning, containing 3.44 acres (150,093 Square Feet) of land, more or less. Bearings are based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. This description was prepared from field work performed in May of 2013 and does not represent a current on the ground survey. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. URBAN ENGINEERING Keith W. Wooley, R.P.L License No. 5463 S:1Surveying188961B4031OFFlCE\METES AND BOUNDS \008896B403-3.44 Acre Zoning 20140806.doc Page 2 of 2 Exhibit A 1.1 RBAN ENGINEERING 10.80 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 08896,B4.03 July 2nd, 2014 Fieldnotes, for a 10.80 Acre tract of land, of Lots 23 and 24, Section 28, Flour Bluff and Encinal Farm and. Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas; said 10.80 Acre tract, being more fully described by metes and bounds as follows: Beginning, at a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR C.C. TX" found, on the Southwest line of Williams Drive, a public roadway, the Southeast line of the said Lot 24, for the East comer of this tract, from whence, a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR C.C. TX" found, on the North line of the said Williams Drive, for the South corner of Lot 1A, Block 4, Oso River Estates, Block 4, Lot 1A, as recorded in Volume 68, Page 30 and 31 of the said Map Record, bears, North 28°35'20" East, 65.00 feet; Thence, South 28°35'20" West, with the said Southeast line, at 12.50 feet, pass the North corner of Lot 1, Paul Jones Sports Complex, as recorded in Volume 67, Pages 495-496, of the said Map Records, continue with the common line of the said Lot 1 and the said Lot 24, in all 571.01 feet, for the South corner of this tract; Thence North 61°09'54" West, 823.97 feet, for the West corner of this tract; Thence, North 28°38'11" East, 571.00 feet, to the Southwest line of the said Williams Drive, for the North corner of this tract, from whence, a 5/8 inch iron rod, with red plastic cap stamped "URBAN ENGR C.C. TX" found, for a corner of the said Williams drive, bears, North 61°09'54" West, 49.85 feet; Thence, South 61°09'54" East, with the Southwest line of the said Williams Drive, 823.50 feet to the Point of Beginning, containing 10.80 acres (470,349 Square Feet) of land, more or less. Bearings are based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. This description was prepared from field work performed in May of 2013 and does not represent a current on the ground survey. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract desc r __ URBAN ENGINEERING \\Urbanfs021Data\Surveying188961B4031OFFICEIMETES AND BOUNDS100 Page 1 of 1 (361)854-3101 1 Keith W. Wooley, R.P.L.S. License No. 5463 -10.80 Acre Zoning-20140702.doc 2725 SWANTNER DR. • CORPUS CNRISTI,TEXAS 78404 www,urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 Exhibit B / / / A =90' 16' 17" R=15.00' T=15.07' L=23.63' 1 h .4, ° 6e o °r NAgo e,- FS ck g osOee30 Slee Te rO ti / /// // / // / /Q`" / / / o ° ° 300 200 100 0 o/ Site Pea Par SITE MAP N.T.S. Leaend: Fd. 5/8" I.R. with cap o stamped "Bass and Welsh Engineering" Set 5/8" I.R. with red • lastic cap stamped 'Urban Engr C.C. Tx" LINE BEARING DISTANCE L1 S61'09'54"E 100.00' L2 S66 -52'43"E 100.45' / eo 1Orr 23 Secf ° eh 9s Noe g7 °cfs es g3 s ° q ekOS Tract 2 "Point of Commencement" RS -6 to RM -3 for Tract 1 10.80 Acres / 470,349sf Exhibit C •e o hS k URBAN) ENGINEERING 1725 AM St, rape Ch:sh b Al. �r r w. ie rests r 172 ,mums rneNE 060859 -JIM 1,sr. 0611 851-6001 200 400 • ■•• Graphic Scale 1"=200' Sketch to Accompany Fieldnotes, for a 14.24 Acre tract of land, of Lots 23 and 24, Section 28, Flour Bluff and Encino) Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas REV: August 6, 2014 REV: July 21, 2014 DATE: June 26, 2014 SCALE: 1 "=200' JOB NO.: 08896.84.03 SHEET: 1 of 1 DRAWN BY: XG 0 2014 by Urban Engineering At N Aerial Overview Aerial t N PLANNING COMMISSION FINAL REPORT Case No. 0814-01 HTE No. 14-10000032 Planning Commission Hearing Date: August 13, 2014 Applicant & Legal Description Applicant/Owner: Gladys Mattie Smith Marital Trust, Patricia Peterson Nuss and Chris Ann Peterson Brown Legal Description/Location: Being 14.24 acres out of Lots 23 and 24, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located south of Williams Drive between Ennis Joslin Road and Paul Jones Avenue. Zoning Request From: "RS -6" Single -Family 6 District To: "CN -1" Neighborhood Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2 Area: 14.24 acres Purpose of Request: To allow construction of a student housing development, a convenience store and a retail strip center. Existing Zoning and Land Uses Existing Zoning District Existi eland USite Future Land Use "RS -6" Single -Family 6 Vacant Low Density Residential North "RM -3" Multifamily 3 Medium Density Residential Medium Density Residential South "RS -6" Single -Family 6 Vacant Low Density Residential East "FR" Farm -Rural Park Low Density Residential West "RS -6" Single -Family 6 Vacant Low Density Residential Report Page 2 o o E a o 5 Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for a low density residential use. The proposed change of zoning to the "CN -1" Neighborhood Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2 is not consistent with the adopted Future Land Use Plan. Map No.: 039033 Zoning Violations None o 0. Transportation and Circulation: The subject property is located at the southeast corner of Ennis Joslin Road and Williams Drive. The property will have direct access to Williams Drive, which is an existing "C2" Secondary Collector street, and Ennis Joslin Road, which is a proposed "A3" Primary Arterial street. A traffic calculation was submitted and was determined that a Traffic Impact Analysis (TIA) was not required due to the number of trips during peak hour not exceeding 501 trips. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2011) Williams Drive "C2" Secondary Collector Street 65' ROW 41' paved 65' ROW 41' paved Not Available Ennis Joslin Road "A3" Primary Arterial Street 130' ROW 79' paved 130' ROW 79' paved Not Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from "RS -6" Single Family 6 District to the "CN -1" Neighborhood Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2. Applicant's Development Plan: In the proposed 10.80 acres of "RM -3" Multifamily 3 District zoning, the applicant is proposing to develop a multifamily student housing development. The development will consist of 73 individual buildings with a total of 336 bedrooms for housing. The development will include a gym, swimming pool, basketball court and dog park. In the proposed 3.44 acres of "CN -1" Neighborhood Commercial District zoning, the applicant is proposing to develop a retail strip center. Existing Land Uses & Zoning: North of the subject property across and adjacent to Williams Drive is a new multifamily student housing development zoned "RM -3" Multifamily 3 District. South of the subject property is vacant land zoned "RS -6" Single - Family 6 District. East of the subject property is an existing park and Oso Pony League ball fields zoned "FR" Farm Rural District. West of the subject property is vacant land zoned "RS -6" District. Report Page 3 AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is not consistent with the Comprehensive Plan and the adopted Future Land Use Plan, which states the property for a low-density residential use. The proposed rezoning opens examination into two pertinent elements of the Comprehensive Plan such as: 1. The "neighborhood" commercial activities will be aimed toward meeting the daily convenience retail needs of nearby residents for food, pharmaceuticals, personal services, etc. 2. Rezoning to the new Neighborhood District will occur on limited site area in new residential development. Plat Status: The subject property will require platting with all infrastructure and public improvements in accordance with the Comprehensive Plan and all applicable area development plans and master plans. Department Comments: • Although the Zoning Map amendments are inconsistent with the Future Land Use Plan, the proposed student housing development will have direct access to a major collector and is compatible with the present zoning and conforming uses of nearby property street. The "RM -3" Multifamily 3 District also borders an existing sports complex. • The requested "CN -1" Neighborhood Commercial District is located at the intersection of a major collector street and major arterial street, which is an appropriate location for commercial uses. • The requested "RM -3" Multifamily 3 District is an expansion of the existing "RM -3" Multifamily 3 District to the North. The proposed rezoning will have minimum impact to the properties to the south. Planning Commission and Staff Recommendation: Approval of the rezoning from the "RS -6" Single -Family 6 District to "CN -1" Neighborhood Commercial District on Tract 1 and "RM -3" Multifamily 3 District on Tract 2. Report Page 4 Public Notification Number of Notices Mailed — 5 within 200 -foot notification area 2 outside notification area As of August 31, 2014: In Favor In Opposition — 0 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: A. Aerial Map B. Site Map Report Page 5 Odie Created: 7212014 Prepared By Jee;nyM Oeparimear of Development Servrces CASE: 0814-01 2013 AERIAL Subject Property Exhibit A Report Page 6 ' ry41 ^ti�1 4 � y i v W Nbe�'`• ,1¢/I r' 1 ��U5A0' 1Y 3.83' TL:123 7' G�S �0 I 1 ■ "Point off ginnin " for for 1 SITE MAP N.T.S. LINE 121 L2 °Point al Beginning' for Trod 2 -Ingot 2 "Point of Commencement' 25-9 to RM -3 for Tract 1 10-00 Acme / 470,3400± / ru/ �y$ Legend' Fd- S/S" I.R- iikh cop 0 stomped 'Boss and Welsh Englneedng' Set 5/2 I.R. with red • elastic cop stamped Urban Engr C.C. Tx' aEA,runG 061'00'54'E 566'52'43'E 200 DISTANCE fa0.20` 100.45' 400 ti Graphic Scale 1 "=2❑0' Sketch to Accompany Feldnotea, for o 14-24 Acre Vogt of loud, of Lots 23 and 24. Section 22, Flour Bluff and Encino) Fane and Garden Tracts, o mop of which le recorded In Volume A, Pogo, 41-43, of tho Mop fivcards of Nucoes Gaunty, Teams URBAN' ENGINEERING ae w s>rdoer-.■ seJ Roe cxr Mr) as�sn v REV: August 6, 2014 REV: July 21, 2014 DATE: June 20, 2014 SCALE: 1"=200' JOB 00,; 08896.64.03 SHEET: 1 of 1 DRAWN BY: XG O 2014 by Urban Engineering Exhibit B AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of 09/16/2014 Second Reading Ordinance for the City Council Meeting of 09/23/2014 DATE: TO: September 5, 2014 Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Manager, Office of Management and Budget EddieHo©cctexas.com (361) 826-3792 Adoption of Proposed FY 2014-2015 Operating Budget CAPTION: Ordinance adopting the City of Corpus Christi budget for the ensuing fiscal year beginning October 1, 2014; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. PURPOSE: To adopt budget for upcoming fiscal year as per charter requirement. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Operating Budget on a yearly basis. ALTERNATIVES: None. Approval of the budget is required by the City Charter. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY / NON -EMERGENCY: This item requires two readings. The second reading will be at the regular September 23, 2014 City Council meeting. DEPARTMENTAL CLEARANCES: Office of Management and Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 830,117,690 830,117,690 Encumbered / Expended Amount This item BALANCE 830,117,690 830,117,690 Fund(s): All Operating Funds Comments: Total proposed expenditures are $830,117,690 and total proposed revenues are $832,787,546 which includes an increase of $8,496,725 in property tax revenues over the prior year. RECOMMENDATION: Approval of Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Council Amendment Sheet AN ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 2014; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council a budget proposal (Budget Proposal) of the revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning October 1, 2014, and ending September 30, 2015, and which Budget Proposal had been compiled from detailed information from the several departments, divisions, offices of the City, in accordance with the City Charter provision referenced above; and WHEREAS, the members of the City Council have received and studied the City Manager's Budget Proposal and have called and held the proper hearing in accordance with Section 102.006, Texas Local Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City of Corpus Christi, Texas, the City Council must appropriate such sums of money as provided in the Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Budget of the City of Corpus Christi, covering proposed expenditures amounting to $830,367,690 and estimated revenues amounting to $824,137,546 for the Fiscal Year beginning October 1, 2014, and ending September 30, 2015, as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. That upon the passage of this ordinance certain sums of money from all sources of City revenues, as described in the Budget, shall be and they are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the Budget, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions The number of positions authorized for each police officer classification in the Police Department shall be: Police officer and senior police officer - 389* Police Lieutenant - 37 Police Captain - 15 Police Commander - 4 Assistant Police Chief - 3 Police Chief - 1 FY14-15 TOTAL 449 * These positions are interchangeable. Any police officer may become a senior police officer after 60 months' service by passing a pass/fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to authorized total through attrition. SECTION 4. Firefighter Positions The number of positions authorized for each firefighter classification in the Fire Department shall be: Firefighter - 134* Firefighter II —EMS — 109 Firefighter II — Engineer - 73 Fire Captain - 82 Battalion Chief - 10 Assistant Fire Chief - 4 Deputy Fire Chief - 1 Fire Chief - 1 FY14-15 TOTAL 414 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to authorized total through attrition. SECTION 5. That upon final passage of this budget ordinance, a true certified copy of this same ordinance shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The budget shall also be part of the archives of the City. SECTION 6. 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 in this ordinance be given full force and effect for its purpose. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta City Secretary Approved as to form: By: Buck Brice, Assistant City Attorney for the City Attorney Nelda Martinez Mayor Attachment A - Schedule of Adjustments City of Corpus Christi Amendments to the FY 2014-2015 Proposed Budget TOTAL PROPOSED REVENUES 832,787,546 TOTAL PROPOSED EXPENDITURES 830,117,690 General Fund - 1020 Proposed Expenditures Adjustments: Increase City Auditor Appropriations Decrease Reserve Appropriation Total Adjusted Expenditures 228, 911, 658 18,500 (18,500) 228, 911, 658 Hotel Occupancy Tax Fund - 1030 Proposed Expenditures Adjustments: Add Appropriation for Tourist Area Amenities Total Adjusted Expenditures 18,667,874 200,000 18,867,874 Water Fund - 4010 Proposed Revenues Adjustments: Decrease ICL Residential Revenue Decrease ICL Commercial Revenue Decrease ICL Large Volume Revenue Total Adjusted Revenues 135,122, 559 (4,059,794) (4,158,167) (382,039) 143,722,559 Golf Capital Reserve Fund - 4691 Proposed Revenues 175,000 Adjustments: Decrease Surcharge Revenue (50,000) Total Adjusted Revenues Proposed Expenditures Adjustments: Increase Reserve (for capital projects) Total Adjusted Expenditures 225,000 125,000 50,000 175,000 TOTAL AMENDED PROPOSED REVENUES TOTAL AMENDED PROPOSED EXPENDITURES 824,137, 546 830,367,690 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of 09/16/2014 Second Reading Ordinance for the City Council Meeting of 09/23/2014 DATE: September 5, 2014 TO: Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Manager, Office of Management and Budget EddieHo©cctexas.com (361) 826-3792 Ordinance Adjusting Water, Wastewater and Gas Rates CAPTION: Ordinance amending the Code of Ordinances, Chapter 55, regarding water, gas and wastewater rates and fees; water laboratory charges; compressed natural gas rates and charges; providing for publication, providing for severance, and providing effective date. PURPOSE: To amend the Code of Ordinances for the revision of Water, Wastewater and Gas rates. BACKGROUND AND FINDINGS: The Proposed FY 2014-2015 Budget includes estimates of revenues generated from increased fees and rates and new fees/rates necessary to fund specific projects and/or cover existing operating costs. ALTERNATIVES: Council may choose not to amend the Code of Ordinances. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY / NON -EMERGENCY: This item requires two readings. The second reading will be at the regular September 23, 2014 City Council meeting. DEPARTMENTAL CLEARANCES: Water, Wastewater, Gas FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $7,139,156 $7,139,156 BALANCE $7,139,156 $7,139,156 Fund(s): Comments: Rate changes and/or consumption changes will generate estimated additional revenue of ($2,334,542) for Water, $8,334,475 for Wastewater and $1,139,223 for Gas. RECOMMENDATION: Approval of Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance 1 Ordinance amending the Code of Ordinances, regarding water, gas and wastewater utility rates and fees; water laboratory charges; compressed natural gas rates and charges; providing for publication, providing for severance, and providing effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 55-50 of the Code of Ordinances regarding water rates is revised. The new rates are shown in underlined text and the former rates are shown as struck through text, as follows: ARTICLE III. WATER RATES AND CHARGES. Sec. 55-50. Schedule. (a) Base rates for water service. The rates for water service are as follows: (1) Monthly minimum charges. a. Metered treated water customers. 1. Inside city limits ("ICL"): Meter Size (Inches) August 1, 2013 to Effective October 1, 2014 September 30, 201/1 i Residential 518—% Commercial 5/8—% $-8.89 $ 9.33 12.83 13.47 Residential and Commercial 1 19.25 20.21 11/2 2 4 6 8 and larger 32.09 33.69 6/1.16 67.37 102.65 107.78 205.32 215.59 320.81 336.85 6/11.61 673.69 2 Large Volume Any size 16,676.00 17 510.00 Temporary construction 1 19.25 20.21 11/2 32.00 2. Outside city limits ("OCL"): 33.69 61.16 67.37 Meter Size (Inches) August 1, 2013 to Effective October 1, 2014 September 30, 2011 1 Residential 5/8-3/4 5/8-3/ 1 1'h 2 3 4 6 Commercial $-10.67 Residential and Commercial 15.10 23.10 38.51 76.99 $ 11.20 16.16 24.25 40.43 80.84 123.18 129.34 216.38 258.71 381.97 404.22 8 and larger 769.93 808.43 Large Volume Any size Temporary construction 1 11/2 2 27,825.00 29,216.00 23.05 24.25 38.51 40.43 76.95 1 80.84 b. Untreated water customers. August 1, Effective 2013 to October 1 September 2014 3 untreated Vv, v , 1 ilinimum monthly service charge, water districts/ municipalities with raw vater supply contracts executed after January 1, 1997 $398.051- $417.99 Minimum monthly service charge for public agency for resale untreated vater without a raw water supply contract executed after January 1, 19971 2/12A5 254.57 ilinimum monthly service charge, industrial 398.09 417.99 Minimum monthly service charge, domestic 13.26 13.92 ilinimum annual service charge, domestic 132.69 139.32 Minimum monthly service charge, agricultural irrigation water service 198.90 208.85 ✓linimum monthly service charge, temporary construction water service 265.20 278.46 ilinimum monthly service charge, temporary large volume industrial water customers obtaining water, which is under contract to the :ity, from a reservoir under the exclusive control of a river authority 1,530.00 1,607.00 'Minimum monthly charge for public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a monthly billing period is less than $254.57, the customer shall be billed $254.57, unless a valid water supply contract between the customer and city that was executed prior to January 1, 1997, provides for a 4 minimum annual payment. If a valid water supply contract between the customer and city executed prior to August 1, 2000, provides for a minimum annual payment, the customer shall pay the minimum annual payment under the contract. c. Blended water customers. August 1, 2013 to Effective October 1, 2014 September 30, 201'1 Any size $27,825.00 (2) Monthly volume charges per 1,000 gallons. a. Residential rate. 1. Inside city limits: 29.216.00 August 1, 2013 to Effective October 1, 2014 September 30, 201/1 First 2,000 Gallons Minimum* Minimum* Next 4,000 Gallons 117 -Next 4,000 Gallons $495 $ 4.751 5.619 5.939 Next 5,000 Gallons 6./162 6.829 Next 15,000 Gallons 7.867 8.314 Next 20,000 Gallons 9.553 10.095 Next 50,000 Gallons 10.395 10.986 Over 100,000 Gallons 11.238 11.877 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: August 1, 2013 to September 30, 201/1 Effective October 1, 2014 First 2,000 Gallons Minimum* Minimum* Next 4,000 Gallons Next 4,000 Gallons Next 5,000 Gallons Next 15,000 Gallons Next 20,000 Gallons Next 50,000 Gallons Over 100,000 Gallons $1.949 $ 2.028 2A36 2.535 2.802 2.915 3.111 3.549 1.112 4.310 1.507 4.690 1.872 *Use the minimum charges in subsection (a)(1). b. Commercial rate. 1. Inside city limits: H 5.070 August 1, 2013 to Effective October 1, 2014 September 30, 2011 First 2,000 Gallons Minimum* Over 2,000 Gallons $5.662 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Minimum* $ 5.672 August 1, 2013 to Effective October 1, 2014 September 30, 2011 1 First 2,000 Gallons Over 2,000 Gallons nnr $24,54 *Use the minimum charges in subsection (a)(1). Minimum* $ 3.086 5 c. Golf course and athletic field irrigation water inside city limits. August 1, 2013 to Effective October 1, 2014 September 30, 2011 First 2,000 Gallons Minimum* !Minimum* Over 2,000 Gallons 1$2.954 $ 3.106 *Use the minimum charges in subsection (a)(1) for ICL customer. d. Residential irrigation water on separate meter. 1. Inside city limits: Meter Size (Inches) August 1, 2013 to Effective October 1, 2014 September 30, 2011 First 2,000 Gallons Next 15,000 Gallons Next 20,000 Gallons Next 50,000 Gallons Over 87,000 Gallons Minimum* Minimum* $ 7.867 $ 8.314 9.553 10.095 10.395 10.986 11.238 11.877 2. Outside city limits Meter Size (Inches) August 1, 2013 to Effective October 1, 2014 September 30, 2011 i First 2,000 Gallons Next 15,000 Gallons Next 20,000 Gallons Next 50,000 Gallons Over 87,000 Gallons nn� $3,414 1.112 1.507 1.872 Minimum* $ 3.549 4.310 1 4.690 5.070 6 7 e. Resale treated water rates. 1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: August 1, 2013 to September 30, 201/1 Effective October 1, 2014 1 First 2,000 Gallons Minimum* Minimum* Over 2,000 Gallons $1.008 $ 1.253 *Use the minimum charges in subsection (a)(1). 2. Treated water rates purchased for resale where the water is delivered to the resale entity through city facilities are hereby set as follows: August 1, 2013 to September 30, 201/1 First 2,000 Gallons Minimum* Minimum* Effective October 1, 2014 Over2,000 Gallons $1.628 $1.914 *Use the minimum charges in subsection (a)(1). f. Large volume treated water customers. A commercial treated water customer who agrees to pay for a minimum of ten million (10,000,000) gallons of treated water per month is considered a large volume treated water customer. Once a customer has elected to become a large volume treated water customer, the customer will be billed as a large volume treated water customer until the customer notifies the city and requests reclassification as a commercial customer in writing. However, a commercial customer may not elect to become a large volume treated water customer more than once in any twelve- month period. 1. Inside city limits: August 1, 2013 to Effective October 1, 2014 September 30, 201/1 First 10,000,000 Gallons Each Additional 1,000 Gallons Mr $4.067 *Use the minimum charges in subsection (a)(1). Minimum* $ 4.480 2. Outside city limits: August 1, 2013 to Effective October 1, 2014 September 30, 201/1 First 10,000,000 Gallons Minimum* Minimum* Each Additional 1,000 Gallons $1.626 $1.914 8 *Use the minimum charges in subsection (a)(1). g. Large volume blended water customers. A commercial blended water customer who agrees to purchase a minimum of ten million (10,000,000) gallons of blended water per month is considered a large volume blended water customer. 1. Inside city limits: August 1, 2013 to Effective October 1, 2014 September 30, 201/1 First 10,000,000 Gallons Minimum* Minimum* Each Additional 1,000 Gallons $20 1$ 2.677 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: August 1, 2013 to Effective October 1, 2014 September 30, 201/1 First 10,000,000 Gallons Each Additional 1,000 Gallons Minimum* Minimum* $0.069 $0.111 *Use the minimum charges in subsection (a)(1). 3. Peaking factor. [To be determined.] h. Temporary water service. 1. Treated water. A. Inside city limits: August 1, 2013 to September 30, 2011 Effective October 1, 20141 Minimum* Minimum* $2.854 $ 3.086 *Use the minimum charges in subsection (a)(1). 2. Untreated water. A. Inside city limits: 9 August 1, 2013 to Effective October 1, 2014 September 30, 201/I First 2,000 Gallons Over 2,000 Gallons nnr $5,662 *Use the minimum charges in subsection (a)(1). B. Outside city limits: Minimum* $ 5.672 August 1, 2013 to Effective October 1, 2014 September 30, 201/1 First 2,000 Gallons Over 2,000 Gallons r First 2,000 Gallons Minimum* Over 2,000 Gallons 12 x RWCA *Use the minimum charges in subsection (a)(1). B. Outside city limits: August 1, 2013 to September 30, 201/1 Effective October 1, 2014 August 1, 2013 to September 30, 201/1 Effective October 1, 20141 First 2,000 Gallons Minimum* Over 2,000 Gallons -12 x RWCA *Use the minimum charges in subsection (a)(1). i. Agricultural irrigation water outside city limits. First 2,000 Gallons Over 2,000 Gallons Minimum* 2 x RWCA 10 *Use the minimum charges in subsection (a)(1). j. Public agency for resale untreated water rates. The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the city executed after January 1, 1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the city's current contract with the public agency. k. Temporary large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority. August 1, 2013 to Effective October 1, 2014 S�mber 30, 201 First acre foot or fraction (Minimum* thereof Over acre foot Minimum* $1,100.00 per acre foot or fraction thereof *Use the minimum charges in subsection (a)(1). $1,155.00 per acre foot or fraction thereof (b) Raw water cost adjustment (RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumers bill, except public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of 11 the composite cost, as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2)g. of this section.) The RWCA will be based on projected system -wide raw water sales, adjusted for water losses. The RWCA will be calculated on an annual basis using the adopted utility rate model, according to the following procedures: (1) Use projected system -wide water sales based on historical consumption and projected growth, with adjustments for water losses. (2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. (3) Include budgeted expenditures for purchases of water. (4) Include purchases of water rights, amortized over the duration of the water right agreement. (5) Budgeted expenditures for capital items shall be included as follows: a. The expense of acquiring a capital item that costs not more than five hundred thousand dollars ($500,000.00) shall be charged in the year in which it is acquired. b. The expense of acquiring a capital item that costs more than five hundred thousand dollars ($500,000.00) shall be amortized over the number of years used to calculate depreciation expenses, with the half-year convention used in the year of acquisition. (6) All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related interfund charges. (7) All expenses for consultants, engineering, legal services, and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. (8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in which case they are included in the year budgeted. (9) Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and rentals, is applied as an offset based on annual budgeted amounts. (10) Apply the credit for levelized Choke Canyon debt payments to city rate payers' RWCA. (The escalating payment schedule on the Choke Canyon debt was levelized through the creation of a reserve fund. In the initial years, payments greater than the debt service were made, with the excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the levelized payment amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the reserve fund, the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers.) (11) Include funds necessary to collect 1.35 times coverage on current annual debt service in order to improve the financial position and bond ratings of the city's water fund. (12) Include funds necessary to establish and maintain an operating reserve fund with a target amount of twenty-five (25) per cent (or three (3) months) of annual operating expenses for the fiscal year. 12 (13) Include funds necessary to establish and operate a water capital reserve fund with a target amount of two (2) per cent of the respective annual water capital improvements program for the fiscal year or two million dollars ($2,000,000.00) (whichever is greater). (14) Include funds necessary to establish and maintain a future water resources reserve fund (Water Supply Development Reserve) with an ultimate target balance of thirty million dollars ($30,000,000.00), and an annual contribution of approximately two million dollars ($2,000,000.00) per fiscal year. Revenue from this Water Supply Development Reserve will be deposited into a fund set aside for this purpose. (15) The minimum operating or capital reserves amounts are intended to provide for unplanned, unbudgeted expenses and revenue shortfalls, and will not be used for routine expenses. (16) At fiscal year end, determine the amount of over or under collections that have resulted from difference between budgeted and actual expenses and offsetting revenues and the difference between projected and actual volume of water sold. Any funds realized in excess of annual expenses are available for either supplementing minimum operating or capital reserves, for addition to the capital funds for discretionary cash capital funding of the water utility, or to create and maintain a reserve to level out large fluctuations in raw water charges is authorized. Apply any remaining amount as an adjustment to the RWCA. (c) Definitions. Costs of raw water is the total of all costs of acquiring, producing, storing, conserving, and transporting untreated water from its source to the city's treatment facility and all other points of diversion. These costs include, but are not limited to, the costs of: Construction, including debt service, operation, and maintenance of dams and reservoirs. Construction, including debt service, operation, and maintenance of raw water supply transmission pipelines. Construction, including debt service, operation, and maintenance of wells. Construction, including debt service, operation, and maintenance of facilities capable of converting wastewater effluent, salt water, and brackish ground water into water suitable for municipal, industrial, or agricultural uses. Acquisition of new water supplies and water rights, including the establishment and funding of a reserve dedicated to offset the costs of acquisition of additional water rights and the implementation of long range water resource development and related capital improvements. Construction, operation, and maintenance of facilities to reduce water losses from water resources due to evaporation or the release of water from a reservoir due to the operation of law. Acquisition and transportation of emergency water supplies, including the costs of transporting water by vessel or pipelines from other regions. Water supply development and protection, including consultants' studies and reports, investigations, legal fees, court costs, and any other costs related to the development or protection of the water supply. Administrative costs, including overhead and the portion of the city's general administrative costs applicable to the activities enumerated in this definition. Section 2. Section 55-54 of the Code of Ordinances regarding water utilities laboratory charges is revised. The new charges take effect October 1, 2014. The new charges 13 are shown in underlined text and the deleted charges are shown in struck -through text, all as follows: Sec. 55-54. Water utilities laboratory charges. (a) The following fees apply to tests performed at the city's water utilities laboratory for other overnment agencies and private parties: Parameter Fee Effective October 1, 2014 Total Coliform $17.00 Fecal Streptococcus $20.00 Fecal Coliform $20.00 Escherichia coli (E. Coli) 20.00 $17.00 Enterococci $17.00 Hexane Extractable Material (HEM) $50.00 Total Organic Carbon $35.00 Specific Ultra -Violet Absorption (SUVA) $35.00 Biochemical Oxygen Demand (BOD) $30.00 Carbonacious Biochemical Oxygen Demand (CBOD) $32.00 Total Suspended Solids (TSS) $15.00 Total Dissolved Solids (TDS) $20.00 14 Total Kjeldahl Nitrogen (TKN) $35.00 Total Nitrate — Nitrogen $25.00 Total Ammonia - Nitrogen $20.00 $25.00 Total Phosphorus $25.00 Dissolved Phosphorus $27.00$30.00 Total Nitrite -Nitrogen $25.00 Chloride $12.00 UV 254 $20.00 1 $5.00 Total Alkalinity $10.00 Conductivity $10.00 Dissolved Organic Carbon $37.00 Turbidity $10.00 Total Hardness $20.00 Sulfate -Ion Chromatography $20.00 15 Bromide -Ion Chromatography $20.00 Fluoride -Ion Chromatography $20.00 Chloride -Ion Chromatography $20.00 Nitrite -Ion Chromatography $20.00 Nitrate -Ion Chromatography $20.00 Heterotrophic Plate Count $15.00 (b) If a test or laboratory fee is requested that is not listed in subsection (a) of this section, the Water Utilities Laboratory should charge a fee that recovers the city's labor, material, and equipment costs. (c) The city manager may waive fees in the interest of public safety or as the city's contribution to a project in which the city is involved. SECTION 3. Article IV, Gas Rates and Charges, of Chapter 55 of the Code of Ordinances is revised as described in this Section 3. The revisions take effect October 1, 2014. The new provisions are shown in underlined text and the deleted provisions are shown as struck through text, all as follows: ARTICLE IV. GAS RATES AND CHARGES Sec. 55-60. Definitions. The following terms as used in this article shall have the respective meanings ascribed to them: Cycle: A group of gas customers regularly billed together for their separate accounts by the city utilities division. Cycles are numbered from "1" up. Director: The Director of Gas Operations or designee. Installed total energy: The total energy output at a metered location of all customer - owned or controlled electric -powered generation and gas-fired equipment. Sec. 55-61. Classification of customers and schedules of rates. 16 (a) Residential customers. (1) Inside city limits: a. Winter rates (from November Cycle 11 through April Cycle 10). Rate per MCF Monthly Consumption Effective October 1, 2014 August 1, 2013 September 30, 2014 Meter Charge First 1 MCF (minimum bill) Next 2 MCF Next 3 MCF $1.25$4.03 10.19 9.70 5.70 5.13 3.30 3.1/1 Next 4 MCF 3.20 3.05 Next 20 MCF Next 20 MCF 3.11 2.96 2.66 2.53 All over 50 MCF 2.21 2.10 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. b. Summer rates (from April Cycle 11 through November Cycle 10). Rate per MCF Monthly Consumption Effective October 1, 2014 August 1, 2013 September 30, 2014 Meter Charge $1.25$4.03 First 1 MCF (Minimum Bill) Next 2 MCF Next 3 MCF 10.19 0 5.70 5.13 3.30 3.11 Next 4 MCF 2.48 2.36 Next 20 MCF Next 20 MCF All over 50 MCF 1.66 1.58 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (2) Outside city limits: a. Winter rates (from November Cycle 11 through April Cycle 10). 17 Rate per MCF Monthly Consumption Effective October 1, 2014 August 1, 2013 September 30, 2014 Meter Charge First 1 MCF (minimum bill) Next 2 MCF Next 3 MCF Next 4 MCF Next 20 MCF Next 20 MCF All over 50 MCF $1.508 12.5711.97 6.38 6.08 3.70 3.52 3.59 3.12 3.49 3.32 2.97 2.83 2.47 2.35 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. b. Summer rates (from April Cycle 11 through November Cycle 10). Monthly Consumption Rate per MCF Effective October 1, 2014 August 1, 2013 September 30, 2014 Meter Charge $1.50$ First 1 MCF (minimum bill) Next 2 MCF Next 3 MCF Next 4 MCF Next 20 MCF Next 20 MCF All over 50 MCF 18 12.5711.97 6.38 6.08 3.70 3.52 2.77 2.64 1.86 1.77 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (b) General rate customers (commercial, industrial, and institutional rates): (1) Inside city limits: Rate per MCF Monthly Consumption Effective October 1, 2014 August 1, 2013 September 30, 2014 Meter Charge First 1 MCF (minimum bill) Next 2 MCF Next 3 MCF Next 4 MCF Next 40 MCF Next 50 MCF Next 100 MCF Next 100 MCF Next 700 MCF $16.00$12.32 10.43-93 5.70 5.43 5.32 5.07 5.23-4-98 5.12-88 2.21 2.10 1.84 1.75 1.62 1.54 1.54 1.47 Next 1,000 MCF Next 13,000 MCF All over 15,000 MCF 1.33 1.27 1.20 1.11 1.149 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (2) Outside city limits: 19 Rate per MCF Monthly Consumption Effective October 1, 2014 August 1, 2013 September 30, 2014 Meter Charge First 1 MCF (minimum bill) Next 2 MCF Next 3 MCF Next 4 MCF Next 40 MCF Next 50 MCF Next 100 MCF Next 100 MCF Next 700 MCF Next 1,000 MCF Next 13,000 MCF All over 15,000 MCF $19.08$15.10 12.8512.21 6.38-6-98 5.96 5.68 5.86 5.58 5.74 5.17 2.47 2.35 2.06 1.96 1.81 1.72 1.73 1.65 1.49 1.12 1.34 1.28 1.28 1.22 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. 20 (c) Seasonal customers (partial year service) rates. (All customers who have requested a cutoff and re- connection at the same location or for services to the same premises, including increases or reductions of the same premises, and which cutoff was not necessitated by reason of reconstruction of the building on the premises, shall be classified as seasonal customers, and in lieu of the rates applicable to residential customers, shall be charged and collected the following charge for gas furnished and delivered to the meters by the gas department of the city): (1) Inside city limits: Monthly Consumption Rate per MCF 1 Effective October 1, 2014 August 1, 2013 September 30, 2014 Meter Charge First 1 MCF (minimum bill) Next 2 MCF Next 3 MCF Next 4 MCF Next 30 MCF Next 20 MCF All over 50 MCF $1.25$ 1.03 16.91 16.10 15.27 1/1.5/1 11.26 10.72 7.26 6.91 3.11 2.96 2.66 2.53 2.21 2.10 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (2) Outside city limits: Rate per MCF Monthly Consumption Effective October 1, 2014 August 1, 2013 September 30, 2014 Meter Charge $1.50$-1 2-6 First 1 MCF (minimum bill) 20.31 19.3/1 Next 2 MCF 17.09 16.28 Next 3 MCF Next 4 MCF Next 20 MCF Next 20 MCF All over 50 MCF 12.61 12.01 8.13 7.71 3.49 3.32 2.97 2.83 2.47 2.35 21 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (d) Incentive air cooling and conditioning rate customers rates. (Limited to customers using less than fifteen thousand (15,000) MCF per month annual average. All general rate customers that have installed total energy or have gas operated air cooling and air conditioning equipment, or both, and have an average used in MCF per month in the seven (7) summer months that exceeds the five (5) winter months in average use, when inspected and approved by the gas department, who request in writing to be billed in the summer months on the summer incentive gas rate schedule starting with Cycle 11 in April and ending with the billing Cycle 10 in November shall be billed on the following rate schedule): (1) Inside city limits: Monthly Consumption Rate per MCF Effective October 1, 2014 August 1, 2013 September 30, 2011 Meter Charge First 1 MCF (minimum bill) Next 2 MCF Next 3 MCF Next 4 MCF Next 40 MCF Next 150 MCF Next 100 MCF $16.00$ -2.32 10.43 9.93 5.70 5.13 5.32 5.07 4.62-4-40 3.90 3.71 1.66 1.58 1.54 1.17 1 22 Next 700 MCF 1.33 1.27 Next 1,000 MCF 1.20 1.11 Next 13,000 MCF 11.14-144 All over 15,000 MCF 11.09 1.01 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. (2) Outside city limits: Rate per MCF Monthly Consumption Effective October 1, 2014 August 1, 2013 September 30, 2011 Meter Charge $19.08$15.10 First 1 MCF (minimum bill) 12.8512.21 Next 2 MCF 6.38 6.08 Next 3 MCF 5.96 5.68 Next 4 MCF 5.18 1.93 Next 40 MCF 14.37 1.16 Next 150 MCF 1.86 1.77 Next 100 MCF 1.73 1.65 Next 700 MCF 1.49 1.12 Next 1,000 MCF Next 13,000 MCF All over 15,000 MCF 1.34 1.28 1.28 1.22 1.22 1.16 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. 23 (e) Purchased gas adjustment (PGA). The rates in subsections (a), (b), (c), and (d) of this section are subject to gas cost adjustments as follows: Rates will be adjusted monthly by the city following the receipt of notice of the cost of gas from the supplier to pass on to the consumer the full amount of such cost adjusted for pressure base and gas loss and unaccounted-for factors. Additional fees and charges paid to the supplier, which are necessary for the city to receive the gas, shall be included in the cost of gas. All general rate customers, who consume over fifteen thousand (15,000) MCF in one (1) month, and who receive gas from the city's distribution system at the same pressure base at which the city receives the gas from its supplier (14.65 psi), shall be billed 2.05 per cent less per MCF for purchased gas adjustment than the general customer rate schedule. Interruptions. Deliveries of gas to commercial or industrial customers may be interrupted or curtailed in case of shortage, or threatened shortage, of gas supply from any cause whatsoever, to conserve gas for residential and other human need customers served hereunder, according to all mandatory orders of governmental agencies having jurisdiction. (f) Sec. 55-62. Gas service to city without charge& N. -All rates or charges shall be assessed for natural gas service provided to city buildings, city vehicles, institutions, and activities operated by the city. The city shall maintain records showing the free service provided and the value thereof. Provided, however, that rates and charges shall be assessed for city utilities provided to city buildings, institutions, and activities operated by the city for which operating and maintenance expendituros are recorded in tho Sec. 55-63. Charges for lighting, etc., of natural gas appliances, (a) Customers at a residential, apartment, or mobile home address shall be charged a service fee for lighting, adjusting, or turning off one (1) or more natural gas appliances, or the conversion of burner orifices to burn natural gas. The service fee includes service to all gas appliances at the address for which service is requested. The service fee is fifty dollars ($50.00) for each appliance service order.Unless otherwise noted, the service fees are as follows: (1) Twenty five dollars ($25.00) for each appliance service order between April 1 and October 31. (2) Forty dollars ($/10.00) for each appliance service order between November 1 and March 31. (3) Twenty five dollars ($25.00) for each service order associated with gas lamp light ups, adjustments, and turn offs. ('I) Twenty dollars ($20.00) per hour for maintenance or repairs to gas lamps. (b) All other customers (including commercial, industrial and institutional customers) shall be charged twentyseventy-five dollars ($2575.00) for each appliance lighted, adjusted, or turned off between between November 1 and March 31. (c) Maintenance, installation, or service of appliances is 449-tneither offered nor included in the lighting and adjusting of any gas appliance except for gaslight mantles and glasses, which will be billed to the customer requesting service at a retail price ovor and above the charge set forth abovo. (d) However, in the event the head of a household is sixty-five (65) years of age or above, or the recipient of Social Security disability payments and resides at a residential, apartment, or mobile home address, then no charge shall be made by the city for the first service call made within any calendar year. Proof of eligibility for the exemptions shall be provided in a form to be prescribed by the director, gas operations. Sec. 55-64. Classification of customers and compressed natural gas rates. (a) 24 Compressed natural gas rates. (1) The city gas superintendentDirector shall prepare the rates for the sale of compressed natural gas. (2) The rates shall be based on the sum of: a. The compression charge, b. The distribution charge, c. The commodity charge (refer to section 55-61(e) PGA1, d. Federal tax, and e. State tax. _(3) These rates shall be submitted to the city manager for approval. {'I) The approved rates shall be filed with the city secretary and copies shall be provided to the city council. (b) Retail and consumer rates. The rate categories at which compressed natural gas shall be set are as follows: (1) Wholesale. Consumers who own or operate a fleet of more than ten (10) vehicles may purchase compressed natural gas at a reduced wholesale rate. (2) Retail. All other consumers may purchase compressed natural gas at the retail rate. (c) Periodic rate gas adjustment. The Director shall adjust the rates on a periodic basis with City Council approval. Adjustment of rates will be based on annual reviews of the compression charge based on the city's cost to compress the natural qas for sale and/or the distribution charge based on the city's cost to distribute natural qas for sale. {(1) The city gas superintendent shall adjust the rates on a periodic basis by: a. Adjusting the compression charge based on the city's cost to compress the natural gas for sale over the previous six month period. b. Adjusting the distribution charge based on the city's cost to distribute natural gas for sale over the previous six month period. c. Adjusting the commodity charge based on the purchased gas adjustment as provided in section 55 61(e). {2) The city gas superintendent shall file copies of the adjusted rates with the city secretary. Copies of the adjusted rates shall be provided to the city manager and the city council. (d) Effective date of rates. Compressed natural gas rates shall become effective ten (10) days after the rates are filed with the city secretary. Commodity Charge. The Director shall adjust the commodity charge based on the purchased qas adjustment as provided in section 55-61(e) PGA. Current Rate Schedule. CNG Service Wholesale (>10 Vehicles) _ Service Component Current Price Current Price $/Gasoline Gallon $/MCF Equivalent Compression Charqe 0.97 0.12 Distribution Charqe 1.05 0.13 25 Commodity Charge (changes monthly based 5.31 0.64 on PGA $/Gasoline Gallon $/MCF Federal Tax (if applicable) 1.52 0.18 Compression Charqe 0.97 0.12 State Tax (if applicable) 1.25 0.15 Total Charge 10.10 1.21 on PGA CNG Service Retail (<10 Vehicles) Service Component Current Price Current Price $/Gasoline Gallon $/MCF Equivalent Compression Charqe 0.97 0.12 Distribution Charqe 1.45 0.17 Commodity Charge (changes monthly based 5.31 0.64 on PGA Federal Tax (if applicable) 1.52 0.18 State Tax (if applicable) 1.25 0.15 Total Charqe 10.50 1.26 Sec. 55-65. Builder's incentive program. (a) The city gas superintendentDirector is authorized to establishe4 a builder's incentive program to promote the installation of natural gas powered equipment throughout the city. The Directorcity gas superintendent is authorized under this program to make payments in the form of cash, fuel credits, or equipment to builders, developers, property owners, and equipment providers who install gas piping and certain natural gas powered equipment. (b) The Director city gas superintendent shall prepare a rebate schedule for the builder's incentive program. The rebate schedule shall be submitted to the city manager for approval. The approved rebate schedule shall be filed with the city secretary and copies shall be provided to the city council. The rebate schedule shall be reviewed on an annual basis and may be adjusted at any time. Sec. 55-66. Service charge for same day gas service. The customer must pay an t#iftyeighty-dollar ($4G80.00) service charge for turning on gas service on the same day the customer requests gas service from the city. Secs. 55-67-55-69. Reserved. SECTION 4. Article V, Taps and Connections, of Chapter 55 of the Code of Ordinances is revised to amend Section 55-70 as described in this Section 4. The revisions take effect October 1, 2014. The new provisions are shown in underlined text and the deleted provisions are shown as struck through text, all as follows: Sec. 55-70. Adoption of rules, regulations and water and gas fees. 26 The rules and regulations concerning the control, operation and administration of utility taps or service connections of water, gas and sewer utilities owned by the city and the regulations prescribing fees for utility taps or service connections are hereby adopted and approved as follows: (1) Utility tap applications. Applications for water, gas or sewer taps may be accepted from anyone who has properly applied for a building or plumbing permit for taps to be made inside or outside the city, and the fees for such taps shall be paid before the permit is issued. Impact fees have been adopted in accordance with the Texas Local Government Code, Chapter 395 for certain areas of the city. The fee schedule and map for such fees in contained in Appendix A of the Platting Ordinances of the City Corpus Christi. (2) Utility tap fee payment. Utility tap fees will be paid in cash upon application of utility taps. Where applicant has requested a water line extension and water tap, he may make payment upon an installment basis as hereto set forth. Water tap charge and water line extension charge may be paid upon an installment basis with the owner being furnished the necessary forms for execution including a promissory note and mechanic's and materialman's lien contract. If a cash payment is made at the time of delivery of the executed note and mechanic's lien paper, the note shall be for the balance of the installation charges. If no cash payment is made, the note shall be for the total amount of the installation charges applicable to the property to be served. There shall be a carrying charge on any balance of five (5) per cent per annum for the period covered by all of the installation payment, with such total payable in monthly installments not exceeding twenty-four (24) installments. All monthly installments will be made at the accounting office of the city department of public utilities and will be due and payable monthly on the same due date as the regular utility bill applicable to the property. Such installment note and contract shall contain a provision to the effect that the property owner agrees to make the monthly payments as therein set forth and further that the owner's water meter deposit can be applied to any payment becoming delinquent. Such contract shall also provide that the city shall have the right to discontinue water service to the property in the event any of the installment payments become delinquent. (3) Utility tap fees defined. Utility tap fees are separate and distinct from any plumbing permit or inspection fees and will not be construed as being a part of or as including such fees. (4) Utility tap fees extra charges. No charges will be made in addition to utility tap fees for street cuts; however, for taps outside the city, which cannot be readily made to existing lateral lines provided for such services or for taps which involve major highway crossings or taps to major mains or trunk lines and similar cases, charges will be made to cover the entire cost of all work and material, including meters, if any, as estimated by the city. (5) Fee schedule, gas: (a) Inside city limits: Street Easement Fee Fee Gas—Residential, 1 and 2 -family dwelling 3100.00200.00 3498200.00 Commercial up to two eight inches in size 3081.600.00 3081.600.00 commercial larger than two inch in cizo Special* Special* 27 Loops Meter moves 10.00 50.00 Fee Loops Meter moves *To be determined by Gas Division at the time of the request. (b) Outside city limits: 20.00 200.00 Street Easement Fee Fee Gas—Residential, 1 and 2 -family dwelling $100.00200.00 $100.00200.00 Commercial up to two inch in size 300.001.600 300.001.600 Commercial larger than two inch in cizo Special* Special* Loops 10.00 Meter moves 50.00 Fee Loops 20.00 Meter moves 200.00 *To be determined by Gas Division at the time of the request. SECTION 5. Article VII, Wastewater Rates, Section 55-100 of the Code of Ordinances regarding wastewater rates is revised. The new rates are shown in underlined text and the former rates are shown as struck through text, as follows: "Sec. 55-100. Schedule. (a) The monthly charge to be paid by users of sewer service furnished by the city's municipal sewer system, except as otherwise provided in articles VII and XI of Chapter 55, shall be based on the amount of water used by the user according to the following rates: 28 Classification August 1, 2013 to September Effective October 1, 30, 201/1 2014 Inside city limits One -family minimum monthly charge (first 2,000 gallons) $-96 $ 29.23 Inside city limits One -family per 1,000 gallons over 2,000 5.25 5.75 Inside city limits One -family maximum monthly charge (up to 25,000 gallons) 1116.71 161.48 Outside city limits One -family minimum monthly charge (first 2,000 gallons) 32.115 37.36 Outside city limits One -family per 1,000 gallons over 2,000 11.65 12.76 Outside city limits One -family maximum monthly charge (up to 25,000 gallons) Inside city limits Commercial minimum monthly charge (first 2,000 gallons) Inside city limits Commercial per 1,000 gallons over 2,000 300.110 330.84 35.37 39.53 3.76 Outside city limits Commercial minimum monthly charge (first 2,000 gallons) Outside city limits Commercial per 1,000 gallons over 2,000 1111.21 7.53 4.11 50.23 8.23 (b) The amount of water used to compute the monthly bills to one -family residential customers shall be computed on the basis of the "winter average" or "interim average" that is calculated under this subsection. (1) Definitions. a. Winter averaging wastewater charge period: The period of water and wastewater service during the three (3) complete consecutive reading periods commencing on or after December 1 of each year. 29 b. Winter average usage: The monthly wastewater usage established by the city during the "winter averaging wastewater charge period" based upon their average monthly water consumption during that period. c. Interim average: The monthly wastewater usage established by the city for individual customers who have not established a "winter average usage". The "interim average" is recalculated each year based on the total "winter average usage" of all customers subject to winter averaging divided by the number of winter averaging customers, and is be the basis for monthly billings until a "winter average usage" as defined in subsection (b)(1)b. of this section is established for the individual customer. d. Service area: The geographic region served by the city's wastewater system. (2) Winter average criteria. a. The customer must receive wastewater service at one (1) location during the three (3) consecutive reading periods in order to establish a "winter average usage". b. "Winter average usage" charges shall apply to one -family residential customers only. c. The "winter average usage" shall be based on a customers average water consumption for three (3) complete consecutive reading periods commencing with the customer's first reading period on or after December 1 of each year. d. The following method will be used to calculate a customers "winter average usage": 1. Add the three (3) winter months' water consumption to get total water consumption. 2. Divide three-month usage amount by three (3) to get winter average usage. Such winter average usage shall be limited to a maximum of twenty-five thousand (25,000) gallons. e. Using the winter average usage, apply the applicable rates established in subsection (a) to calculate the customers wastewater bill for each month until a new winter average usage is established or rates are changed. The adjusted rate that applies to service after August 31 will reflect wastewater usage based on the previous "winter averaging wastewater charge period". f. New and relocating customers; adjustments: 1. Customers new to the service area, who have not established a "winter average", shall be billed at the "interim average" rate. 2. Customers who are relocating within the service area, who established a "winter average" at their previous address, shall be billed at the "interim average" rate or their "winter average" rate at the previous address, whichever is less. 3. Customers who are relocating within the service area, who have not established a "winter average" at their previous address, shall be billed at the "interim average" rate. 4. When a customer experiences a substantial increase in water or wastewater usage from hidden water leaks in the plumbing system during the winter average charge period, and if the customer can produce proof of repairs, the director of finance or the director's designee may adjust the wastewater bill. Administrative change in rates. a. The city manager shall annually, based upon the winter average wastewater usage determined during the winter averaging wastewater charge period, adjust the rate in the new fiscal year applied to each customers winter average or interim average so that the adjusted rate will produce an amount equal to the budgeted revenues. b. In years in which preliminary winter average data is available to be used in the utility rate model for determining wastewater rates, the adopted wastewater rates will not be subject (3) 30 to an administrative change in rates unless the final winter average data is materially different than preliminary data. A difference of at least two (2) per cent shall be considered material. (c) The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of five hundred sixty-two (562) parts per million or less by weight of chemical oxygen demand index, two hundred fifty (250) parts per million or less by weight of biochemical oxygen demand index, and two hundred fifty (250) parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters shall pay an additional abnormal wastewater surcharges as provided in section 55- 148. SECTION 6. The effective date is revised in Section 55-148 of the Code of Ordinances, Fees for abnormal wastewater surcharge, subsection (a) (8) to reflect effective date of October 1, 2014. The new date is shown in underlined text and the former date is shown in struck through text, as follows: Sec. 55-148. Fees. (a) Abnormal wastewater surcharge. (1) Any user generating wastewater which exhibits none of the characteristics of prohibited wastes as described in subsection 55-141(a), but which has an average concentration of biochemical oxygen demand, has an average concentration of chemical oxygen demand, or contains total suspended solids in excess of normal wastewater (as defined in subsection 55-140(c)), may be required to pretreat to meet the requirements of normal wastewater or such other more stringent parameters as the city may determine as necessary and appropriate to the particular treatment plant receiving such abnormal wastewater. Pretreated abnormal wastewater may be accepted by a POTW if all the following requirements are met: a. The wastes will not cause damage to the collection system. b. The wastes will not impair the treatment processes. c. The user pays the applicable surcharge over and above published sewer rates, as provided herein; and d. The waste is amenable to treatment such that when it leaves the treatment plant to be discharged, the waste does not exceed, or cause the total discharge to exceed, the standards set by federal and state agencies having jurisdiction. (2) Prior to imposition of a surcharge, the user shall be notified in writing that his waste discharge is in excess of normal wastewater as established in this article. (3) Surcharges will be adjusted on billings for the month following submission of new data but not more frequently than quarterly, unless authorized by the director. (4) The volume of flow used in computing abnormal wastewater surcharges shall be based upon metered water consumption as shown in the records of meter readings maintained by the city of utilities department. In the event that a person discharging 31 waste into the POTW produces evidence to the city demonstrating that a portion of the total amount of water used for all purposes does not reach the POTW, a separate meter or meters or other approved flow measuring device may be installed at the user's expense, upon his request, to measure only that portion of the total flow being discharged into the POTW. Upon request by the user, credit may be allowed by the city for evaporation, product water exported from the user or other operational consumption through which such water is not discharged to the POTW. If it is impossible to show volume by metering, then recognized industry standards designated by the city shall apply. If a surcharge is assessed by the city, it shall be shown separately on the monthly billing. (5) Any person discharging industrial waste into the POTW who procures any part or all of his water supply from sources other than the city utilities department, all or part of which is discharged into the POTW, shall install and maintain at his expense water meters of the type approved by the city for the purpose of determining the proper volume of flow to be used in computing sewer service charges. Such meters shall be read monthly and tested for accuracy when deemed necessary by the city. Where it can be shown that a portion of the water as measured by the aforesaid meter, or meters, does not enter the POTW of the city, then the user if he so elects, may install additional approved meters at the user's expense in such a manner as to measure the quantity of water actually entering the said POTW system from the premises of such user, and the quantity of water used to determine the wastewater service charge and abnormal wastewater surcharge shall be the quantity of water actually entering the POTW as so determined. (6) Computations of each surcharge, as applicable, shall be based on the following: S = V x 8.34 x X x (COD -562) S = V x 8.34 x Y x (BOD -250) S = V x 8.34 x Z x (TSS -250) S = Surcharge in dollars for the billing period. V = Water consumption in millions of gallons during the billing period. 8.34 = Weight of water in pounds per gallon. X = Unit charge in dollars per pound for COD as established in subdivision (8) of this subsection. Y = Unit charge in dollars per pound for BOD as established in subdivision (8) of this subsection. Z = Unit charge in dollars per pound for TSS as established in subdivision (8) of this subsection. COD = Chemical oxygen demand strength index in parts per million by weight, or mg/I. (7) 32 BOD = Five-day biochemical oxygen demand strength index in parts per million by weight, or mg/I. TSS = Total suspended solids strength index in parts per million by weight, or mg/I. 250 = Normal BOD and TSS strength in parts per million by weight, or mg/I. 562 = Normal COD strength in parts per million by weight, or mg/I. The city reserves the right to review and approve any waters or industrial waste entering the POTW or proposed to be discharged into the system having an average daily flow greater than ten (10) per cent of the design flow capacity of the plant which will treat the waste. In the event the city's measurement discloses such flow to be in excess of ten (10) per cent of said capacity, the city shall be under no obligation to receive such flow in excess of ten (10) per cent of design capacity and the city's published rates shall not apply to such excess. An owner affected hereby shall be promptly notified of such determination by the city. A special contract, at the city's option, may be made with the user to accommodate such excess flow. (8) The values for X, Y, and Z used in subdivision (6) of this subsection to determine the abnormal wastewater surcharge are: Value August 1, 2013 to July 31, 201 Effective October 1, 2014 X (unit charge in dollars per pound of COD) $0.0000 Y (unit charge in dollars per pound of BOD) 0.4014 Z (unit charge in dollars per pound of TSS) 0.2882 (b) Pretreatment charges and fees. The city may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the city's pretreatment program which may include: (1) Fees for wastewater discharge permit applications including the cost of processing such applications as set forth in the wastewater fee schedule. (2) Fees for monitoring, inspection, and surveillance procedures including the cost of collecting and analyzing an industrial user's discharge, and reviewing monitoring reports submitted by the industrial user. (3) Fees for reviewing and responding to accidental discharge procedures and construction. (4) Fees for filing appeals. 33 (5) Other fees as the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this article and are separate from all other fees, fines and penalties chargeable by the city. SECTION 7. All rates and charges established or revised by this ordinance take effect October 1, 2014. SECTION 8. 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 9. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta City Secretary Approved as to form: By: Lisa Aguilar, Assistant City Attorney For the City Attorney Nelda Martinez Mayor 34 AGENDA MEMORANDUM First Reading item for the City Council Meeting of September 23, 2014 Second Reading item for the City Council Meeting of September 30, 2014 DATE: September 11, 2014 TO: Ronald L. Olson, City Manager THRU: Wes Pierson, Assistant City Manager Business Support Services wesp@cctexas.com (361) 826-3082 THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P. E., Interim Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 CAPTION: Approval of Fiscal Year 2014 — 2015 Capital Budget and Capital Improvement Planning Guide Ordinance approving the Fiscal Year 2014 — 2015 Capital Budget and Capital Improvement Planning Guide in the amount of $265,257,900. PURPOSE: The purpose of this Agenda Item is to fulfill all requirements necessary to approve the Fiscal year 2014 — 2015 Capital Budget and Capital Improvement Planning Guide BACKGROUND AND FINDINGS: Section 102.006 of the Texas Local Government Code reads as follows: "The governing body of a municipality shall hold a public hearing on the proposed budget. Any person may attend and may participate in the hearing." The City Charter requires City Council to review the recommendations of the Planning Commission and act on the Capital Budget on a yearly basis. A public hearing was held before the Planning Commission on Wednesday, July 2, 2014 and at that meeting the Planning Commission recommended approval of the 2014 — 2015 Capital Budget and Capital Improvement Planning Guide as presented. The 2014 — 2015 Capital Budget and Capital Improvement Planning Guide presented does not currently include a section for Wastewater. The Wastewater Capital Improvement Program has not been included at this time due to pending decisions on how to allocate future wastewater resources. A feasibility analysis on the viability of investing in a regional wastewater treatment plant has been developed and will be presented for City Council review and direction. The Capital Improvement Program budget will be amended in the near future to include a wastewater program that facilitates either the development of a regional plant or contains projects to upgrade and protect existing wastewater infrastructure. ALTERNATIVES: Approval of this budget is required by City Charter. City Council may: 1. Approve the budget as presented (Recommended) 2. Make changes to the budget and then approve. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This item conforms to City Policy and statues regarding approval of the Fiscal Year 2014 — 2015 Capital Budget and Capital Improvement Planning Guide and is consistent with the Comprehensive Plan. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Office of Management and Budget FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $265,257,900 $265,257,900 BALANCE $265,257,900 $265,257,900 Fund(s): COMMENTS: Approval of Ordinance will appropriate the funds required to proceed with the Fiscal Year 2014 — 2015 Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Page 1 of 2 AN ORDINANCE APPROVING THE FISCAL YEAR 2014 — 2015 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE IN THE AMOUNT OF $265,257,900. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Fiscal Year 2014 — 2015 Capital Budget and Capital Improvement Planning Guide in the amount of $265,257,900 is hereby approved. A copy of the Fiscal Year 2014 — 2015 Capital Budget and Capital Improvement Planning Guide will be filed in the Office of the City Secretary ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Ordinance - CIP Budget Nelda Martinez Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez 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: Rebecca Huerta City Secretary Ordinance - CIP Budget Nelda Martinez Mayor Corpus Chr sti Capital Programs Fiscal Year 2014 - 2015 Submitted Capital Improvement Program Budget and Planning Guide City Council Presentation September 23, 2014 FY '15 Proposed CIP kr+ Corpus Chr sti Capital Programs Year One: • S265,257,900 Streets, $40,004.9 - 15% Public Facilities, $3,397.0 - 1% Public Health & Safety, $18,884.7 - 7% Parks & Recreation, $10,393.7 - 4% Storm Water , $23,610.0 - 9% Gas, Airport, $4,695.3 - 2% $31,824.0 - 12% Water Supply, $100,346.5 - 38% Water, $32,101.8 - 12% 2 Airport Corpus Chr 4C111510 Corpus Programs • Year One: $31,824,000 • Program Highlights: — Runway 13-31Extension/Displacement — Taxiway Reconfiguration — Rehabilitate East General Aviation Apron • Funding Sources: — Federal Aviation Administration Grant — Certifications of Obligation — Customer Facility Charges — Airport Fund Reserves Parks & Recreation (11 Corpus Chr sti Capital Programs • Year One: $10,393,700 • Program Highlights: — Community Park Development and Improvements (Bond 2012) — Packery Channel Improvements, Phase 3 Restroom Facilities — Marina Dock R Improvements • Funding Sources: — Bond 2012 General Obligation Bonds — Tax Increment Financing District — Marina Revenue Bonds Public Facilities Corpus Chr 4C111510 Corpus Programs • Year One: $3,397,000 • Program Highlights: — Animal Control Remodel/Improvements (Bond 2012) Signs/Signals Operations - New Shop and Office Facility (Bond 2012) Comprehensive Facilities Improvements • Funding Sources: — Bond 2012 General Obligation Bonds — Certificates of Obligation Public Health/ Safety Corpus Chr 4C111510 Corpus Programs • Year One: $18,884,700 • Program Highlights: — Vehicle Impound Yard and Garage, Phase 2 (Bond 2012) — Citizens Collection Center Flour Bluff/Padre Island Area — Salt Flats Levee System - Certification and Phase 2 Improvements • Funding Sources: — Bond 2012 General Obligation Bonds — Certificates of Obligation — Sales Tax Proceeds (Type A Board Funding) Streets Corpus Chr "10 Corpus Programs • Year One: $40,004,900 • Program Highlights: - Gollihar Road - Staples Street to Weber Road (Proposed Bond 2014) Ocean Drive - Buford Street to Louisiana Avenue (Bond 2012) Staples - IH -37 to Morgan (Bond 12) • Funding Sources: - Tax Notes - Bond 2008 General Obligation Bonds - Bond 2012 General Obligation Bonds Gas Corpus Chr 41C1510 Corpus Programs • Year One: $4,695,300 • Program Highlights: — Gas Line to Padre Island — High Pressure Cathodic Protection Master Plan — West Side Interior Loop • Funding Sources: — Gas Revenue Bonds 8 Storm Water Corpus Chr 4C111510 Corpus Programs • Year One: $23,610,000 • Program Highlights: — Gollihar Outfall Repairs — Support to Street Bond Projects • Funding Sources: — Storm Water Revenue Bonds — Storm Water Department Reserves Water Corpus Chr 4C111510 Corpus Programs • Year One: $32,101,800 • Program Highlights: — ONS Water Treatment Plant High Service Building # 3 and Clearwell # 1 Repairs — ONS Water Treatment Plant Raw Water Influent Improvements — Support of Street Bond Projects • Funding Sources: — Water Revenue Bonds — Water Department Reserves Water Supply Corpus Chr 4C111510 Corpus Programs • Year One: $100,346,500 • Program Highlights: — Mary Rhodes Water Supply Pipeline, Phase 2 — City of Corpus Christi Pilot Desalination Program — Corpus Christi Reservoir Operating System Infrastructure Improvements • Funding Sources: — Mary Rhodes Revenue Bonds — Raw Water Supply Reserves — Federal Grant Wastewater Corpus Chr 41C1510 Corpus Programs • Not being brought forward at this time • Tied to Consolidation Discussion 12 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of September 23, 2014 Second Reading Item for the City Council Meeting of September 30, 2014 DATE: TO: September 18, 2014 Ronald L. Olson, City Manager THRU: Wes Pierson, Assistant City Manager Business Support Services wesp@cctexas.com (361) 826-3082 THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works/Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P. E., Interim Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 Constance P. Sanchez, Director of Finance constancep@cctexas.com, (361) 826-3227 Ordinances Appropriating Fund Proceeds CAPTION: Ordinance appropriating funds as detailed in Attachment 1 summarized as follows: $19,293.27 in AIRPORT interest earnings for the City's match for future FAA Grant Projects; $201,380.61 in BOND PROCEED interest earnings for Bayfront, Public Facilities, Fire, Police, Public Health and Safety, Sanitary Landfill, Convention Center, Parks, and Streets for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service; $272,814.59 in UTILITY REVENUE BOND interest earnings for the support of the City's approved Capital Improvement Program; $135,529.63 in SPECIALTY BOND PROCEED interest earnings for Sales Tax Bonds for the Seawall, Packery Channel Bonds, and Energy Efficiency Bonds for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board; and appropriating $239,234.33 in OTHER UNAPPROPRIATED FUNDS for Street Assessments, Construction Yard Lease Rental, Sale of Scrap, and Texas Department of Transportation Refund for the repair of city street due to private construction and other street expenses to be approved by City Council; and Changing the FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 to increase expenditures by total of $868,252.43. PURPOSE: This item will appropriate all unappropriated capital proceeds accrued from April 1, 2013 through May 31, 2014 in the City's Capital Improvement Program Funds. BACKGROUND AND FINDINGS: This agenda item is a routine practice to efficiently manage City finances and provides additional funds which can be used for approved projects and debt service payments. It also facilitates the closure of older funds to comply with arbitrage regulations and is a responsible fiduciary practice for governmental accounting. These unappropriated capital revenues come from a variety of sources including interest earnings, miscellaneous revenues collected, and reimbursements. (See Attachment A). Funding for this year includes a reimbursement from the Texas Department of Transportation in the amount of $56,248.08 for work completed on State Highway 286 and a refund from the Corps of Engineers in the amount of $125,894.49 for City matching funds not used on the Packery Channel Dredging Project. ALTERNATIVES: 1. Appropriate the funds as recommended. 2. Do not appropriate funds (not recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to statutes regarding the City's financial policies. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 13-14 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount This item 868,252.43 868,252.43 BALANCE 868,252.43 868,252.43 Fund(s): This item will appropriate $868,252.43 in interest and other revenues to the funds listed in Attachment One. RECOMMENDATION: City Staff recommend the approval of this item so the unappropriated funds can be appropriated into their corresponding funds. LIST OF SUPPORTING DOCUMENTS: Attachment One Ordinance ORDINANCE APPROPRIATING FUNDS AS DETAILED IN ATTACHMENT 1 SUMMARIZED AS FOLLOWS: $19,293.27 IN AIRPORT INTEREST EARNINGS FOR THE CITY'S MATCH FOR FUTURE FAA GRANT PROJECTS; $201,380.61 IN BOND PROCEED INTEREST EARNINGS FOR BAYFRONT, PUBLIC FACILITIES, FIRE, POLICE, PUBLIC HEALTH AND SAFETY, SANITARY LANDFILL, CONVENTION CENTER, PARKS, AND STREETS FOR THE STATED BOND PROJECTS NOT YET COMPLETE, SIMILAR PROJECTS TO BE APPROVED BY CITY COUNCIL OR THE PAYMENT OF DEBT SERVICE; $272,814.59 IN UTILITY REVENUE BOND INTEREST EARNINGS FOR THE SUPPORT OF THE CITY'S APPROVED CAPITAL IMPROVEMENT PROGRAM; $135,529.63 IN SPECIALTY BOND PROCEED INTEREST EARNINGS FOR SALES TAX BONDS FOR THE SEAWALL, PACKERY CHANNEL BONDS, AND ENERGY EFFICIENCY BONDS FOR THE STATED BOND PROJECTS NOT YET COMPLETE, THE SUPPORT OF THE CITY'S APPROVED CAPITAL IMPROVEMENT PROGRAM, SPECIFIC MILITARY SUPPORTED PROJECTS AND AS DETERMINED BY THE TYPE A BOARD; AND APPROPRIATING $239,234.33 IN OTHER UNAPPROPRIATED FUNDS FOR STREET ASSESSMENTS, CONSTRUCTION YARD LEASE RENTAL, SALE OF SCRAP, AND TEXAS DEPARTMENT OF TRANSPORTATION REFUND FOR THE REPAIR OF CITY STREET DUE TO PRIVATE CONSTRUCTION AND OTHER STREET EXPENSES TO BE APPROVED BY CITY COUNCIL; AND CHANGING THE FY 2014 CAPITAL IMPROVEMENT BUDGET ADOPTED BY ORDINANCE NO. 029916 TO INCREASE EXPENDITURES BY TOTAL OF $868,252.43. NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: Section 1. An amount of $19,293.27 in Airport Capital Improvement Plan (CIP) interest earnings is appropriated in the funds as listed in Attachment 1, Section 1 for the City's match for future FAA Grant Projects. Section 2. An amount of $201,380.61 in Bond Proceed interest earnings for Bayfront, Public Facilities, Fire Police, Public Health and Safety, Sanitary Landfill, Convention Center, Parks, and Streets is appropriated in the funds as listed in Attachment 1, Section 2 for the stated bond projects not yet complete, similar projects to be approved by City Council or the payment of debt service Section 3. An amount of $272,814.59 in Utility Revenue Bond interest earnings is appropriated in the funds as listed in Attachment 1, Section 3 for the support of the City's approved Capital Improvement Program. Section 4. An amount of $135,529.63 in Specialty Bond Proceed interest earnings, Sales Tax Bonds for the Seawall and Arena, Packery Channel Bonds, and Energy Efficiency Bonds is appropriated in the funds as listed in Attachment 1, Section 4 for the stated bond projects not yet complete, the support of the City's approved Capital Improvement Program, specific military supported projects and as determined by the Type A Board. Section 5. An amount of $239,234.33 in Other Appropriated Funds for street assessments, construction yard lease rental, sale of scrap and project refund is appropriated in the funds as listed in Attachment 1, Section 5 for the repair of city street due to private construction and other street expenses to be approved by City Council. Section 6. The FY 2014 Capital Improvement Budget adopted by Ordinance No. 029916 is changed to increase expenditures by $868,252.43. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Unappropriated Revenue From Capital Improvement Funds SECTION 1 : AIRPORT 3020A Airport CIP Fund (Capital Reserves) 3020B Airport CIP Fund (Other) 3024 Airport 2000A CIP Fund (Rev) 3026 Airport 2012 CO CIP Fd 4621 AIRPORT PFC (2) FUND (4621) 4631 Airport CFC 2010 CO CIP fund Amount 24.43 494.46 315.49 17,671.71 732.94 54.24 AIRPORT TOTAL 19,293.27 SECTION 2 : BOND PROCEEDS Amount 3126 Bayfront Development 09 GO CIP (Bond 08) 26,652.38 3162 Public Facility 2013 GO (Bond 12) 10,622.59 3191 Fire Improvements 2009 GO CIP Fd (Bond 08) 6,757.08 3341 Police Improvements 09 GO CIP Fd (Bond 08) 0.00 3350 Public Health and Safety CIP Fd 10.95 3359 Public H & S 2004 CIP Fund (CO) 109.98 3362 Sanitary Landfill 2006 CIP FD (CO) 316.01 3365 Sanitary Landfill 2008 CIP (CO) 928.30 3366 Public H&S 2013 GO CIP (Bond 12) 186.69 PUBLIC H&S TOTAL 45,583.98 3182 Convention Center 2010 CIP Fund (CO) 33.23 CONVENTION CENTER TOTAL 33.23 3289 Park & Rec 2005 CIP Fund (GO) 3290 Park & Rec 08 TN CIP Fund (NT) 3291 Park&Rec 09 GO CIP Fd (Bond 08) 3292 Parks & Rec 2010 GO (Bond 08) 3293 Parks & Rec 2013 GO (Bond 2012) PARK TOTAL 3541 Street 2005 CI P Fund (GO) 3544 Street 2007A CIP Fund (GO) 3546 Street 09 GO CIP Fd (Bond 08) 3548 Street 2012 GO CIP Fd (Bond 08) 3549 Street 2013 GO CIP (Bond 12) 3701 Developer Participation (Bond 12) STREET TOTAL 41.70 0.00 97.86 1,829.98 27,071.68 29,041.22 1,198.22 472.71 24,888.05 50,588.26 49,216.81 358.13 126,722.18 BONDS TOTAL 201,380.61 SECTION 3 : UTILITY REVENUE BONDS Amount 3493 Storm Water 2012 CIP Fd (Rev Bond) 3494 Storm Water 2012A CIP Fd (Rev Bond) 3495 Storm Water 2012B CIP (Rev Bond) 3496 Storm Water 2012A CIP (Rev Bond) 4528 StormW 2010A CIP REV (Tax-exmpt) 4529 Storm Wtr 2010B REV (Txbl BAB) 4540 Storm Water Capital Reserves 3497 Storm Water 2013 CIP (Rev Bond) 3498 Storm Water 2013 CIP (Rev Bond) STORM WATER TOTAL 4551 Gas 09 CIP Fund (Rev Bond) 4555 Gas 2012B CIP Fd (Rev Bond) 4557 Gas 2013 CIP (Rev Bond) 4080 Water CIP Fund 4087 Water 2010 TWDB-WIF Loan (Rev) 4088 Water 2012 CIP Fd (Rev Bond) 4089 Water 2012A CIP Fd (Rev Bond) 4091 Water 2012B CIP Fund (Rev Bond) 4092 Water 2012A CIP (Rev Bond) 4093 Water 2013 CIP (Rev Bond) 4094 Water 2013 CIP (Rev Bond) 4476 Water 09 CIP Fd (Rev Bond) 4478 Water 2010A CIP REV (Tax-exmpt) 4479 Water 2010B REV (Txbl BAB) 3,566.51 18,164.49 45,641.66 5,676.05 0.00 416.46 4,241.19 12,262.35 2,377.58 92,346.29 32.59 652.92 470.10 GAS TOTAL 1,155.61 WATER TOTAL 4242 Wastewater 1995A CIP Fund (SRF) 4248 Wastewater 2012A CIP Fd (Rev Bond) 4249 Wastewater 2012B CIP (Rev Bond) 4251 Wastewater 2012A CIP (Rev Bond) 4252 Wastewater 2013 CIP (Rev Bond) 4253 Wastewater 2013 CIP (Rev Bond) 4501 WasteW 09 CIP Fd -(Rev Bond) 4504 Wastewater 2010B REV (Txbl BAB) 4510 Wastewater Capital Reserves WASTEWATER TOTAL 44.48 526.24 9,481.87 21,686.16 27,568.03 455.51 5,802.27 503.35 74.74 1,141.17 2,804.17 70,087.99 494.93 16,497.98 37,667.87 0.23 14, 828.19 453.23 54.32 468.96 38,758.99 109,224.70 UTILITY REVENUE BONDS TOTAL 272,814.59 SECTION 4 : SPECIALTY BOND PROCEEDS Amount 3489 Storm Water 2007A-1 (TMPC CO) 4246 Wastewater 2007A-1 (TMPC CO) 3542 Street 2007A-1 CIP (TMPC GO) 3543 Street 2007A-1 CIP (TMPC CO) TMPC TOTAL 3270 Seawall CIP Fund (2002 Sales Tax Rev.Bds) 3271 Seawall System CIP Fund 3272 Seawall Maintenance Reserve Fd SALES TAX BOND TOTAL 3161 Energy Effncy CIP 2012 PPFCO 3163 Energy Effcny CIP 2014 PPFCO ENERGY EFFICIENCY BOND TOTAL 812.77 0.00 298.01 983.87 2,094.65 118.36 323.54 5,906.05 6,347.95 408.89 93.03 501.92 3278 Packery Channel Projects TIF#2 126,585.11 PACKERY CHANNEL TOTAL 126,585.11 SPECIALTY BOND PROCEEDS 135,529.63 SECTION 5 : OTHER UNAPPROPRIATED FUNDS Amount 3530 Street CIP: Street Assessments 175,493.25 3530 Street CIP: Construction Yard Lease Rental 6,516.00 3530 Street CIP: Sale of Scrap 977.00 3530 Street CIP: TXDOT Refund SH 286 56,248.08 Other Unappropriated Total 239,234.33 GRAND TOTAL UNAPPROPRIATED REVENUE: 868,252.43 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 23, 2014 Second Reading Ordinance for the City Council Meeting of September 30, 2014 DATE: TO: FROM: September 11, 2014 Ronald L. Olson, City Manager Floyd Simpson, Chief of Police floyds@cctexas.com 886-2604 Appropriating $30,000 in the Parking Improvement Fund CAPTION: Ordinance appropriating $30,000 in the Parking Improvement Fund 1040 from Parking Meter Collection revenue for payment to the Corpus Christi Downtown Revitalization Alliance and changing the FT2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing expenditures in the Parking Improvement Fund by $30,000. PURPOSE: Appropriate the funds BACKGROUND AND FINDINGS: The Parking Advisory Committee made a presentation to City Council on July 15, 2014 for $30,000 to be disbursed through a contractual agreement to the Corpus Christi Downtown Revitalization Alliance (CCDRA), a 501C3, for use in hiring a Development Director specific to applying for and obtaining grants for revitalization efforts in the city center areas. In addition to government grants there are private grants available for specific types of projects that are not always available to government entities, but to non-profit organizations such as this. The project has currently identified $22 million dollars in grants available to be applied for and is being supported by both the Downtown Management District and the Uptown Neighborhood Initiative. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $30,000 $30,000 BALANCE $30,000 $30,000 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Signed agreement with CCDRA. Ordinance appropriating $30,000 in the Parking Improvement Fund 1040 from parking meter collection revenue for payment to the Corpus Christi Downtown Revitalization Alliance; and changing the FY 2013-2014 Operating Budget adopted by Ordinance No. 029915 by increasing expenditures in the Parking Improvement Fund by $30,000. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $30,000 in the Parking Improvement Fund 1040 from Parking Meter Collection Revenue is appropriated for payment to the Corpus Christi Downtown Revitalization Alliance, SECTION 2. That Ordinance No. 029915, which adopted the FY 2013-2014 Budget, is amended to increase expenditures in the Parking Improvement Fund 1040 by $30,000. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza 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: Rebecca Huerta City Secretary Nelda Martinez Mayor Development Director Service Agreement WHEREAS, the Parking Advisory Committee's initial research has identified $22MM in various grants available; WHEREAS, many private grants are unavailable to government entities, but are available to private or non-profit entities; WHEREAS, City staff typically may not pursue many small specific grants due to staff and time constraints; WHEREAS, Corpus Christi Downtown Revitalization Alliance will receive $5,000 from Downtown Management District, $5,000 from Uptown Neighborhood Initiative and $15,000 from private funding for a Development Director to apply for and obtain various grants from government and private organizations for the use of revitalization efforts in the City Center area; NOW, THEREFORE, Corpus Christi Downtown Revitalization Alliance and City of Corpus Christi enter into this Agreement and agree as follows: This Agreement is entered into this , 6th day of August 2014 (the "Effective Date") by the Corpus Christi Downtown Revitalization Alliance ("CCDRA"), a not-for-profit agency, and the City of Corpus Christi ("C") for Development Director Service. 1. Services. CCDRA's Development Director will apply for and obtain various grants from government and private organizations for the landscaping, beautification, construction, maintenance of the city center, tourism, and establishment and development ofparldng lots in the business areas of the city. City center is the described area bounded by the following streets: On the north by interstate 37 to the US Highway 181 interchange then US Highway 181 to the city limits, east by Corpus Christi Bay, south along Buford Street, west along North Staples Street. CCDRA will be responsible for evaluating qualifications and conditions for grants, applying for, managing and expending such funds received as required by the grantee. CCDRA is not to apply for or obtain any grants in the name of the City. CCDRA will provide notice to the City of any 1 and all grants the City is eligible far. CCDRA may provide notice of grants to private or non- profit onprofit entities where those grants are for the landscaping, beautification, construction, maintenance of the city center, tourism, and establishment and development of parking lots in the business areas of the city. 2. Fee for Services. The City agrees to pay the CCDRA those fees mutually agreed to between both parties as follows: The City agrees to pay CCDRA $30,000 for the services outlined in section 1 of this contract. 3. Payment. Payment shall be made by City within thirty (30) days of execution of this agreement. 4. Term, Termination. This Agreement shall begin on the final date of execution by all parties for an initial term of one (1) year. This agreement is not effective without final City Council approval. This Agreement may be terminated by any Party upon the giving of 30 days' advance written notice. All monies paid to CCDRA will be returned to the City less a prorated payment for services rendered based on days of service provide as of the date of notice of termination. 5. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases ofperformance and operations under this Agreement. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Chief of Police. 6. Annual Report. On or 15 days prior to the expiration of the Terms of this Agreement, CCDRA shall, at its sole expense, prepare and submit to the Chief of Police for his or her review, an Annual Report. This report will provide a general summary of the Development Director's activities and will include a complete financial accounting for all funds applied for 2 and acquired through the scope and course of services provided under the Terms of the Agreement. 7. Independent Contractors. CCDRA Development Director will perform the services hereunder as an Independent Contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of CCDRA be considered as an employee of the City. The Parties to this Agreement are, and will at all times remain, independent contractors. None of the Parties will represent itself to be an affiliate, employee, representative or agent of any other Party. In no event will the Parties be considered partners, joint venturers or fiduciaries. 8. Assignment and Successors. This Agreement shall be binding on and inure to the benefit of the parties to the Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of the other party. This Agreement does not create any personal liability on the part of any officer or agent of the City or CCDRA or any of their respective officers, agents, or employees. No assignment of this Agreement or any right or interest therein by CCDRA is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by CCDRA is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion_of the City on.any ground whatsoever. 9. Liability. Each party to this Agreement will be responsible for any civil liability for its own actions under this Agreement, except that nothing in this Agreement shall constitute a waiver or limitation on any immunity, defense, or other protection afforded either party under state or federal law. The liability, if any, of either party, shall be that prescribed by the laws of the State of Texas 10. Indemnity and hold harmless. CCDRA agrees to indemnify, hold harmless and defend the City of Corpus Christi and its officers, employees and agents (indemnitees) from and against any and all liability, loss, claims, demands, suits and causes of action of any 3 nature on account of death, personal injuries, property loss or damage or any other kind of damage, including all expenses of litigation, court costs, attorneys' fees and expert witness fees which arise or are claimed to arise out of or in connection with this contract or the performance of this contract, regardless of whether the injuries, death or damages are caused or are claimed to be caused by the concurrent or contributing negligence of indemnitees, but not by the sole negligence of indemnitees unmixed with the fault of any other person or group. CCDRA must, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend all actions based thereon with counsel satisfactory to indemnitees and pay all charges of attorney and all other costs and expenses of any kind arising from any of said liability, damage, loss, claims, demands or actions. 11. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is deemed received on the day faxed or band -delivered or on the third day alter deposit, if sent certified mail. Notice shall be sent as follows: IF TO CITY: Chief of Police Corpus Christi Police. Department 321 John Sartain Corpus Christi, TX 78401 IF TO CCDRA: Contact Person: Stefany Schade Address: 223 N. Chaparral Sl., Ste A City, State, Zip: Corpus Christi, TX 78401 Fax & Phone No.: 361-882-2363 4 12. Non -Waiver. Failure of any party to this Agreement to insist on the strict performance of any of the conditions or agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. 13. Law and Venue. All parties shall comply with all applicable federal, State, county and local laws, ordinances, rules, and regulations pertaining to this Agreement and each party's respective performance hereunder. This Agreement will be interpreted according to the Texas laws which govern the interpretation of contracts. Venue for an action arising under this Agreement shall lie in Nueces County, Texas, and be in accordance with the Texas Rules of Civil Procedure. 14. Disclosure of interests. In compliance with Section 2-349 of the City's Code of Ordinances, the Lessee shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit A, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Lease. 15. Severability. _If any article, section, subsection, paragraph, sentence or clauseof this Agreement shall be deemed to be illegal, invalid or unenforceable for any reason, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remainder of this Agreement and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. If any change occurs during the term of this Agreement with respect to any laws, rules, regulations or ordinances which affect the rights or obligations of CCDRA or the City under this Agreement, CCDRA and the City shall negotiate in good faith to bring this Agreement into conformance with such change or changes. Signatures to follow on the next page. 5 EXECUTED IN DUPLICATE be effective as of the last execution date set forth below: City of Corpus Christi Date 1 ATTEST: Rebecca Huerta City Secretary Approved as to legal form: Dr 6 , 2014 Buck Brice Assistant City Attorney For City Attorney Corpus Christi Downtown Revitalization Alliance Mew d.alOq e N: 2011 Ivo2741.0 W con +JS Gil'501/01061f 77t1.O1 Stefany Schade Chairperson 08.06.14 Date 6 SUPPLIER NUMBER TO BE ASSIGNED BY crIY PURCHASING DIVISION rrw� City of Corpus EXHIBIT A CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code 2-349, 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 next page for Filing Requirements, Certification and Definitions. COMPANY NAME: Downtown Revitalization Alliance STREET ADDRESS: 223 N Chaparral St Ste A P.O. BOX: CITY: Corpus Christi STATE: TX zip: 78401 FIRM IS: 1. Corporation 0 2. Partnership 0 3. Sole Owner 0 4. Association 0 5. Other 0 Not hr Profit 501c3 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." Bale Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name None 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 None 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name None Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, 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: Signature of Certifying Person: Stelany Schade oTyh wre:hadwfe. r u. _VS 60. MI.a0611.11.91 AV Title: Chair Date: 08.06 14 DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. 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, whether under civil service or not, including part- time employees and employees of any corporation created by the city. 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. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of 9/23/2014 Second Reading Ordinance for the City Council Meeting of 9/30/2014 DATE: TO: September 17, 2014 Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director of Budget EddieHo@cctexas.com (361) 826-3792 Appropriating Funds for the Emergency Repair of Corpus Christi Police Department Building Roof CAPTION: Ordinance appropriating a total of $267,214.82 from the unreserved fund balance in the No. 1020 General Fund for emergency repairs to the roof of the Police Department; and changing the operating budget adopted by Ordinance No. 029915 by increasing expenditures by $267,214.82. PURPOSE: Police department roof repairs are necessary to prevent further damage to equipment and the building. BACKGROUND AND FINDINGS: On May 26, 2014 a leak was discovered in the Police Department roof that allowed water to pour into an equipment room and short out radio communications equipment. An emergency declaration was made on May 28, 2014. ALTERNATIVES: None. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: The emergency was resolved and permanent repairs are underway; funds are now required to pay for the repairs. DEPARTMENTAL CLEARANCES: Police Department Capital Programs FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget — — — Encumbered / Expended Amount This item $267,214.82 — $267,214.82 BALANCE $267,214.82 — $267,214.82 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Memo Declaring an Emergency to Repair CCPD Roof Ordinance Page 1 of 2 Ordinance appropriating $267,214.82 from the unreserved fund balance in the No. 1020 General Fund for emergency repairs to the roof of the Police Department; and changing the FY 2013-2014 operating budget adopted by Ordinance No. 029915 by increasing expenditures by $267,214.82. Be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That $267,214.82 is appropriated from the Unreserved Fund Balance in the No. 1020 General Fund for emergency repairs to the roof of the Police Department. Section 3. That the FY 2013-2014 Operating Budget adopted by Ordinance 029915 is changed by increasing expenditures by $267,214.82. ORD-Approp-1020General-PD roof repairs 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 , 2014, 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 , 2014, 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 , 2014. ATTEST: Rebecca Huerta City Secretary ORD-Approp-1020General-PD roof repairs Nelda Martinez Mayor Capital Programs Memo TO: Honorable Mayor and Council Members FROM: Ronald L. Olson, City Manager • SUBJECT: Emergency Repairs Corpus Christi Police Department Building Roof Declaration of Emergency DATE: May 28, 2014 SUMMARY: Early morning Monday, May 26. 2014, a Corpus Christi Police Department (CCPD) staff member noticed that contact with a remote radio tower had been lost_ When inspecting the room that houses all radio communications equipment for police, fire and 911 services, a major leak in the roof was discovered and the downpour was shorting out sensitive radio equipment. CCPD staff immediately diverted radio traffic to another tower and began securing over $20 million dollars of city-wide radio communication equipment. The water was discovered entering the room through an air conditioning vent so KJAC, Inc. was called in to perform a hose test to determine if the HVAC was responsible for the leak_ It was discovered the leak was due to the roof which is in excess of 25 years and had experienced previous failures. CCPD maintenance staff performed a temporary patch on the area Tuesday moming and contacted the City Capital Programs Department to assist with a permanent repair. Tumer Ramirez Engineers was contacted and will be on location Wednesday morning with the City's Job Order Contractor, Barcom, to assess the situation and begin permanent repairs. ACTIONS TAKEN: 1. Corpus Christi Police Department (CCPD) staff diverted the signal to another tower and secured the location by covering the equipment. 2. An HVAC company was called in to determine if the leave was due to mechanical equipment. 3. The Capital Program Department contacted Turner Ramirez Engineers and Barcom to evaluation the situation and begin permanent repairs. FUTURE ACTIONS: 1. Corrective actions will be taken to permanently address the situation on a time and materials cost basis. CONTRACT AUTHORITY: Page 1 oft The City Manager is authorized to approve contracts in excess of $50,000 by Charter Art. X, Sec.2(a) in case of an emergency, but such action must be reported to the Council. Additionally, the Local Govemment Code 252.022(a) exempts this repair from State competitive bid requirements because it is necessary to: 1. preserve the property of the municipality; 2. preserve or protect the public health or safety of the municipality's residents; and 3. is due to unforeseen damage to public machinery, equipment or other property. FUNDING: The extent of the damage will not be known until the engineers have completed their evaluation of the situation. At this time the City is planning to use their approved Job Order Contracting (JOC) firm to provide the repairs. If they are unable to complete the repairs, the City will need to contract with another firm to complete the repairs in a timely manner and ensure the safety of the City's emergency radio safety communication equipment. AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of September 23, 2014 Second Reading Ordinance Item for the City Council Meeting of September 30, 2014 DATE: August 12, 2014 TO: Ronald L. Olson, City Manager FROM: Mark Van Vleck, Executive Director of Utilities MarkVV@cctexas.com 361-826-1874 Ordinance appropriating $5,928.97 from the No. 4220 Wastewater Trunk System Trust Fund to refund Jack R. Day, Jr., the wastewater lot/acreage fee paid. CAPTION: Ordinance appropriating $5,928.97 from the No. 4220 Wastewater Trunk System Trust Fund to refund Jack R. Day, Jr., the wastewater lot/acreage fee paid since wastewater services are not available nor will it be available within the next 5 years as related to Oak Terrace Unit 2, Block 4, Lot 6A. PURPOSE: In accordance with the Unified Development Code, Section 8.5.2.G.1, the property owner may petition the City Council to determine whether the wastewater acreage should be refunded. BACKGROUND AND FINDINGS: In April 2004, Mr. Larry Clavette, Sr., paid the wastewater acreage fee as required during the replat of the property. The Platting Ordinance in 1993 required payment of the wastewater acreage fee or an exemption from the fee by the City Council. The applicant paid the fee. In the 1993 Platting Ordinance as well as the current Unified Development Code (UDC), the current property owner may request a refund of the fees paid. The refund request must be made after 10 years and before 20 years from the date of the filing of the plat. The UDC states that the City Council may decide during a hearing to refund the monies if the petitioners are the property owners; no wastewater lines currently serve the petitioners' property; and the property is not likely to be served within the next 5 years. The refunds will be appropriated from the Wastewater Trunk System Trust Fund, if funds available. The refund shall include a 5.5% interest per annum from the date of filing of the plat. The order of refunds will be determined according to the date the application for refund is approved by the City Council. The plat of Oak Terrace Unit 2, Block 4, Lot 6A was recorded on June 2, 2004. It has been 10 years since the plat was recorded. Based on the criteria stated above and the payment of $3,471.00 in 2004, Mr. Day is currently due $5,928.97. Since the fee was paid in 2004 and has been accruing interest, it is in the best interest of the City to authorize payment to Mr. Day. Until Mr. Day is refunded the monies, the amount due will continue to increase. City Council Agenda Memorandum Jack R. Day, Jr. Wastewater Acreage Fee Refund Page 2 ALTERNATIVES: None. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The refund request is consistent with the UDC Section 8.5.2.G.1. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Wastewater Trunk System Trust Fund $771,776.06 Encumbered / Expended Amount $274,145.95 This item $5,928.97 BALANCE $491,701.14 Fund(s): Wastewater Trunk System Trust Fund Comments: N/A RECOMMENDATION: Staff recommends approval of the appropriations ordinance to the refund of Mr. Day's wastewater acreage fee plus the required 5.5% interest per annum. LIST OF SUPPORTING DOCUMENTS: Location Map Jack R. Day, Sr. Refund Request Ordinance K:\DEVELOPMENTSVCS\SHARED\LEGISTAR\2014 CC AGENDA ITEMS \9-16-2014\WASTEWATER FEE REFUND\OAK TERRACE UNIT 2 AGENDA MEMO EXEC SUMMARY.DOC Ordinance making required findings and appropriating $5,928.97 from the No. 4220 Wastewater Trunk System Trust Fund to refund Jack R. Day, Jr., wastewater lot/acreage fees previously paid for Lot 6A, Block 4, Oak Terrace Unit 2 and authorizing the City Manager or designee to issue payment. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: WHEREAS, the current property owner owning at least 50 percent (50%) of the relevant platted property has petitioned for a refund of the wastewater lot/acreage fees originally paid for that property; WHEREAS, the property does not currently have public wastewater services available; and WHEREAS, the property will not be served with public wastewater services within the next 5 years. THEREFORE, in accordance with Section 8.5.2.G. of the Unified Development Code, after making the above findings the City Council approves the refund of the wastewater lot/acreage fee paid by the petitioner with a 5.5 percent interest per annum. SECTION 1. Funding in the amount of $5,928.97 is appropriated from the No 4220 Wastewater Trunk Line Trust Fund to refund Jack R. Day, Jr., wastewater lot/acreage fees previously paid for Lot 6A, Block 4, Oak Terrace Unit 2, in accordance with Section 8.5.2.G. of the Unified Development Code. Furthermore, the City Manager, or his designee, is authorized to issue payment of the refund to the named parties. 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 Appropriation Ordinance Wastewater Lot/Acreage Fees Jack R. Day, Jr. Page 2 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: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Miles 0 0.03750.075 0.15 Legend @ Cfty of Corpus Development Services LOCATION MAP Corpus Christi Bay city of corpus To Miguel 5. Saldana, I Jack Day am requesting a refund for money paid in 2004 for waste water acreage fees by Mr. Clavette we are the current owners of Oak Terrace 2, Block 4 Lot 6A Nueces County, Tx 934 Graham Rd Corpus Christi, TX 78418. My contact number is (361)876-1861 if you need any further information. Sincerely Jack R Day Jr. 08/04/2014 ACJ( - 4 20'4 AGENDA MEMORANDUM 1St Reading for the City Council Meeting of September 23, 2014 Action Item for the City Council Meeting of September 30, 2014 DATE: 8/27/14 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services DanG©cctexas.com (361) 826-3595 Approval of agreement and appropriating ordinance to reimburse Palm Land Investment, Inc. for construction of off-site wastewater collection line for Sandy Creek Subdivision CAPTION: Ordinance authorizing execution of a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Palm Land Investment, Inc. ("Developer"), for the construction of a wastewater collection line and appropriating $243,846.90 from the NO. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: Palm Land Investment Inc., will install 1,902 linear feet of 12 -inch PVC collection line to provide adequate wastewater for Sandy Creek Subdivision. The subdivision is located along the south side along Holly Road, east of Rodd Field Road (SH 357) and west of Encino Drive. BACKGROUND AND FINDINGS: Per Section 8.5.2.E Credits and Reimbursements of the Unified Development Code ("UDC"), Palm Land Investment, Inc. is requesting a Reimbursement Agreement for the off-site wastewater line extension required in order to plat Sandy Creek Subdivision, as shown on the preliminary plat. The public improvement plans have been approved for the development. The subdivision is located along the south side of Holly Road, east of Rodd Field Road (SH 357) and west of Encino Drive. The subdivision will consist of 299 single family residential lots. The development requires the extension of 1,902 linear feet of 12 -inch wastewater collection line in order to provide adequate wastewater to the property. The subject property will be served by the proposed master planned 12 -inch PVC wastewater line which will include seven (7) new sanitary sewer manholes. The 12 -inch wastewater extension qualifies as a collection line. The 12 -inch wastewater collection line is in the Wastewater Master Plan and as such is eligible for reimbursement from the Wastewater Collection Line Trust Fund. A layout of existing and proposed improvements is included as Exhibit 3. Per Section 8.5.2.E.2 Wastewater Collection Line Extensions of the UDC, payment and priority of reimbursements shall be made when monies are fully available in and appropriated from the Collection Line Trust Fund. At this time, the City can only reimburse $243,846.90 from current monies available. The City has provided a Letter of Intent (LOI) for the remaining balance of $254,864.14 which will be owed to Palm Land Investment, Inc. The LOI will place Palm Land Investment, Inc. first in line to be paid once monies become available in the Wastewater Collection Line Trust Fund. ALTERNATIVES: Denial of the Reimbursement Agreement OTHER CONSIDERATIONS: Per Section 8.5.1.C.2.b.ii defer reimbursement for project CONFORMITY TO CITY POLICY: The developer will be extending the wastewater line in accordance with the adopted Wastewater Master Plan. The developer will be extending wastewater to serve the proposed development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Sanitary Sewer Collection Line Trust Fund Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $373,992.17 Encumbered / Expended Amount $130,145.27 This item $243,846.90 BALANCE $0.00 Fund: Sanitary Sewer Construction Line Trust Fund Comments: Balance reflects amount for Kenedy Subdivision Block 1, Lot 1. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Location Map Collection Line Extension Construction and Reimbursement Agreement Ordinance ORDINANCE AUTHORIZING EXECUTION OF A WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH PALM LAND INVESTMENT, INC., ("DEVELOPER"), FOR THE CONSTRUCTION OF A WASTEWATER COLLECTION LINE AND APPROPRIATING $243,846.90 FROM THE NO. 4220 SANITARY SEWER COLLECTION LINE TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a wastewater collection line extension construction and reimbursement agreement ("Agreement") with Palm Land Investment, Inc., ("Developer"), for the extension of a 12 -inch wastewater collection line, including all related appurtenances, for the development of Sandy Creek Subdivision, in Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $243,846.90 is appropriated from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse the Developer for the construction of the wastewater collection line improvements in accordance with the Agreement. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, 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 , 2014, 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 , 2014 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor SANDY CREEK -PRELIMINARY AERIAL OVERVIEW MAP WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § § COUNTY OF NUECES § This Wastewater Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipality, and Palm Land Investment Inc., ("Developer/Owner"), a Texas Corporation. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on October 9, 2013 to develop a tract of land, to wit: approximately 60.18 acres out of lots 3, 4 & 5, Section 27, Flour Bluff & Encinal Farm & Garden Tracts, known as Preliminary Plat of Sandy Creek, located along the south side along Holly Road; east of Rodd Field Road and west of Encino Drive, as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the wastewater collection line extension ("Wastewater Extension"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Extension; WHEREAS, it is to the best interest of the City that the Wastewater Extension be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E.2 of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Collection Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Collection Line Trust Fund for installing the Wastewater Extension, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater Extension in compliance with the City's UDC and under the plans and specifications approved by the City's Development Services Engineer. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Wastewater Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following basic design: 1. Install 1902 linear feet 12 -inch PVC pipe; 2. Install 1902 linear feet trench safety; 3. Install two (2) 4 -foot diameter manholes (9-11 feet depth); 4. Install three (3) 4 -foot diameter manholes (11-13 feet depth); 5. Install two (2) 5 -foot diameter manholes (13-15 feet depth); 6. Install 115 linear feet 20- inch steel casing and boring (Ennis Joslin); 7. Dewatering; 8. Connect to existing manhole (15' approximate depth); 9. Traffic control; b. The Wastewater Extension must begin at the new proposed wastewater manhole at the southeast corner of Flour Bluff and Encinal Farm Garden Tract 60.18 acre tract and extend approximately 1902 linear feet east along the south side of Los Arboles at Terra Mar Unit 2 and Monte Verde at Terra Mar Unit 2 Subdivisions. c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the Gity's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Extension, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Extension. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro - rata fees as required by the UDC for the area of the Wastewater Extension. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Wastewater Extension, under the approved plans and specifications, by September 30, 2015. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. WW Reimb Agmt Palm Land Investment, Inc -Sandy Creek vFinal doc Page 2 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7.18.14 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the Wastewater Extension, according to the approved plans and specifications, by the 90th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Wastewater Extension under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Wastewater Extension, under the approved plans and specifications, on or before September 30, 2015. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 9. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 11, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; WW Reimb Agmt Palm Land Investment, Inc -Sandy Creek vFinal.doc Page 3 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7.18.14 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: Palm Land Investment, Inc. Attn: Dan Caballero 5949 La Costa Corpus Christi, Texas 78414 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 WW Reimb Agmt Palm Land Investment, Inc -Sandy Creek vFinal.doc Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7.18.14 Page 4 of 8 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice rriust be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 12. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Extension, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Extension must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, execute a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bonds must comply with Texas Government Code, Chapter 2253. 14. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Wastewater Extension and the construction of the Wastewater Extension for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services and Development Services Engineer. 15. REIMBURSEMENT. a. Subject to the conditions for reimbursement from the Wastewater Collection Line Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Extension up to an amount not to exceed $243,846.90 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. The City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 days from the date of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. WW Reimb Agmt Palm Land Investment, Inc -Sandy Creek vFinal.doc Page 5 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7.18.14 d. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 16. INDEMNIFICATION. DEVELOPER/OWNER SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND AGENTS ("INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL PROPERTY DAMAGE OR INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION, WORKERS' COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE WASTEWATER EXTENSION. 17. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, to wit: approximately 60.18 acres out of lots 3, 4, & 5, Section 27, Flour Bluff & Encinal Farm & Garden Tracts, a subdivision in Corpus Christi, Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer/Owner's successors or assigns. 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5. 20. EFFECTIVE. DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 21. AUTHORITY. The person signing this Agreement on behalf of each of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN ONE ORIGINAL this day of 20 WW Reimb Agmt Pafm Land Investment, Inc -Sandy Creek vFinal doc Page 6 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7.18.14 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Gustavo Gonzalez Assistant City Manager, designee of the City Manager APPROVED AS TO FORM: , 2014. Julian Grant, Senior Assistant City Attorney For the City Attorney STATE OF TEXASN COUNTY OF ve, § § OWNER: Palm Land Investment, Inc. By: Dan Caballero, President This instrument was acknowledged before me on Cl'tr\, 2014, by Dan Caballero, President, Palm Land Investment,. i c., a Texa Corporation, on behalf of said corporation. 9i -t--- C Notary Public's Signature WW Reimb Agmt Palm Land Investment, Inc -Sandy Creek vFinal.doc Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7.18.14 Page 7 of 8 ULTRA V PENA NOTARY PUBLIC 1, '' °O jam• State W Texas ; ' Comm. Exp. 12.022015 STATE OF TE AS COUNTY OF OWNER: Palm Land Investment, Inc. a)/20gCL B� Y• Maria E. Caballero, Vice President iV 1 This instrument was acknowledged before me on 2014, gby Maria E. Caballero, Vice President, Palm Land Inve = nt, nc., a Texas Corporation, on behalf of said corporation. Notary Public's Signature WW Reimb Agmt Palm Land Investment, Inc -Sandy Creek vFinal doc Page 8 of 8 Standard Form Wastewaster Collection Line Reimbursement Agreement Template Version 1.0 7 18.14 1 rt -',y,m, LOCALS:MEE', am LOCAL STREET ,L -,A1 25.1555,6"4,16665V2551 -742546.,2"2242A-6,55,64.64222 ",5175-?"015"1"5,57645,1Xnant?"7""n,"""n,t iitn1UrintiVilna017MYEannin , ` . - EV Ev--• 224' ...„„.„ TyPle,%, LOCAL STRESS - SECTION SABI L PRELIMINARY PLAT OF SANDY CREEK RE -PLAT OF 60.18 ACRES OUT OF LOTS 3, 4 & 5, SECTION 27, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, CORPUS CHRISTI, NUECES COUNTY, TEXAS 456 — • • 4: • ? 2, • 72 • ? 2, • ? 71, :? • ? 2, • 2: - ! • • ! II • ;!•1 Q") • t!, ! • !!; .!;!. • " tt • "" n • t;= • n • 2 • ? ••• •• a 1 a •f., a. a a • t a • a • 2, H?"."; ? "7 = , „: 5, 2, • .1 5 .5, • 5 ;„1. a-, n a a 2 -; •; •i •rt •i ',Jr 7 . . • 5 n - I , -? -? 2. • ? 2 • ? 2 • ."7: 55, • lt a a 72 -5 2, • ? 2 • ? :? ,t," • .? .t5. • ? -? ••?? •• • _ ". 1 I .5. '5 1,'"4. " 645. . ' •' 5 2 !, 1 ,! . 5 ! 6.", ' 5 .2 "t;-1, ;-7,,ns, 7'— ; 18 I - HELENA GI ILIRCli TRACT I ()I I a IJCI, 1 Exhibit 1 APPLICATION FOR WASTE WATER REIMBURSEMENT We, Palm Land Investment, Inc., 5949 La Costa, Corpus Christi, TX 78414, owners and developers of proposed re -plat of 60.18 acres out of Lost 3, 4 & 5, Section 27, Flour Bluff & Encinal Farm & Garden TRS, Corpus Christi, Nueces County, Texas, hereby request reimbursement of $243,846.90 for the installation of the waste water trunk line in conjunction with said lot, as provided for by City Ordinance No. 17396. $598.533.04 is the construction cost, including 9% Engineering and Surveying, as shown by the cost supporting documents attached herewith. (Z -17(/Z.7,0( aniel Caballero, President Date Palm Land Investment, Inc. THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ]Jq cQ Xh , 2014, by ' /U i5L- efq /2,1A _E o(Name), 1" RF 5 L Ylr ry T (Title): of Palm Land Investment, Inc., a Texas Corporation, on behalf of the said corporation. JUNE A. FIEBIG r Notary Public, State of Texas My CommlUlan Expires % March 21, 2018 cu aNo t ry,' ubli, i and for the State exas Maria Caballero, Vice -President Palm Land Investment, Inc. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2i Lfq/2nt er , 2014, by in9g09 (Name), t JCC--.. P S j l JT (Title), of Palm Land Investment, Inc., a Texas Corporation, on behalf of the said corporation. CERTIFICA The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: JUNE A. FiEBIG Notary Public, State of Texas My Commission Expires March 2L 2018 _..6Q 9,62/JA ary Public in and for the Statof Texas (a) Sufficiency of funds in the Sanitary Sewer Trunk System Trust Fund, and (b) Appropriation and ap al by the City Council. evelopment S ic6s Engineer Exhibit 2 psSh/iaM/L( (Date) Page 1 of 2 AFP]L1RCATION FOR WASTE WATER CREDIT We, Palm Land Investment, Inc., 5949 La Costa, Corpus Christi, TX 78414, owners and developers of proposed re -plat of 60.18 acres out of Lost 3, 4 & 5, Section 27, Flour Bluff & Encinal Farm & Garden TRS, Corpus Christi, Nueces County, Texas, hereby apply for $99,822.00 credit towards the waste water acreage fee for the wastewater trunk line in conjunction with said subdivision as provided for by City Ordinance No. 17396. $598,533.04 is the construction cost, including 9% Engineering and Surveying, as shown by the cost supporting documents attached herewith. Daniel Caballero, President Palm Land Investment, Inc. THE STATE OF TEXAS § COUNTY OF NUECES %). /Z-70 ( Date This instrument was acknowledged before me on /1.0_64,/ S T .5`J-() , 2014, by I'>(1 t0 j r L. (),(1- VV1-LL/ :() (Name), irk' FS r 13 E-A) 1 (Title), of Palm Land Investment, Inc., a Texas Corporation, on behalf of the said corporation. .,/).0.4-0 l�LL/Lo Notary Public in and for the Sfate of Texas " -"JUNG A. HMG, •+6% Notary Public, State of Texas ar, My Commission Expires feavt:`S March 21, 201D Maria Caballero, Vice -President Palm Land Investment, Inc. THE STATE OF TEXAS § COUNTY OF NUECES Date This instrument was acknowledged before me on CLLf' ,Y(.fIJ0/_ , 55//l , 2014, by 1Y)figl,/ rhq. L/ () (Name), (V ICE Pf lO /I) T (Title), of Palm Land Investment, Inc., a Texas Corporation, on behalf of the said corporation. JUNE A, FIESIG Notary Public, State of Texas My Commission Expires March 21, 2018 Notary/Public in and for the State'of Texas rci�ii�sx 2 Page 2 of 2 Exhibit 3 UN., COLLECTION LINE Ilip 3 'ti ao HEou Ec,, osFF`ZTr, "' INV 11-4 25 e Pur LP Hig 6 WSaz Cg�y v P C = W Wgaa: L ag:Po ++:€_ - III TR Zc 1111 1111 NEVE :,...,g1,0,,.8,..5,k, 9 92 ®_v N 3:0 122 PVC e Pvc a� e Pvc S1PROPOSES 1.7.112°. ePvc . OFF-SITE SANITARY SEWER EXHIBIT SANDY CREEK WASTEWATER REIMBURSEMENT CORPUS CHRISTI, TEXAS "..0.— e,,�s s. 0.-211'12:11/ v1 ozae NRIM O21i0--1.1',,71-13:0 PROPOSED MS 4 1 P ra oo ... iz FL o,o MASTERPLAN INV 0.-1 65 is PVC i H1112 nF.1 Nv O'N01110,z Pvc 11'121 _ zes e 21/ „a ,x FL .108 END OF CONSTRUCTION AT THIS MANHOLE 12-2222211111011-6145 1 111 111 1.00 SHEET 1 OF , ®MEN Exhibit 3 Engineer Estimate of Project Costs Title: Sandy Creek - Full Development Costs Owner: Palm Land Investments, Inc. Contact: Dan Caballero 5949 La Costa Address: Corpus Christi, Texas 78414 Phone: (361) 765-2166 NEI Engineer: Craig Thompson, P.E. Address: 4501 Gollihar Road Corpus Christi, Texas 78411 Phone: (361) 814 - 9900 Naismith Elnpllrwwiinghec 4501 Gollihar Road. Corpus Christi, TX 78411 361-814-9900 Fax 361-814-4401 Size: 60 +/- Acres July 11, 2014 Property Date of Estimate: ON-SITE DEVELOPMENT COSTS A. Storm Water Pollution Prevention il ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 1 Reinforced Filter Fabric Fence 12,275 LF $3.75 $46,031.25 _ 2 Stabilized Construction Entrance 3 LS $2,000.00 $6,000.00 3 Inlet Protection Barriers 31 EA $200.00 $6,200.00 4 Manhole Protection Barriers 2 EA $100.00 $200.00 5 Post Construciton Seeding 3 LS $6,000.00 $18,000.00 B. Site Preparation A. Storm Water Pollution Prevention Subtotal: $76,431.25 and Improvements ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 6 7 C. Sanitary Sewer Moblization and Demobilization 3 LS $13,000.00 $39,000.00 Site Grading 27,000 CY $8.00 $216,000.00 B. Site Preparation and Improvements Subtotal: $255,000.00 Improvements ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 8 0'-5' Deep - 8" PVC Sanitary Sewer 1,800 LF $65.00 $117,000.00 9 5'-9' Deep - 8" PVC Sanitary Sewer 5,250 LF $85.00 $446,250.00 10 9'-11' Deep - 12" PVC Sanitary Sewer 1,750 LF $115.00 $201,250.00 11 OSHA Trench Safety 8,800 LF $6.00 $52,800.00 12 4' Diameter Manhole (0' - 5' depth) 8 EA $5,500.00 $44,000.00 13 4' Diameter Manhole (5' - 9' depth) 18 EA $7,000.00 $126,000.00 14 4' Diameter Manhole (9' -11' depth) 6 EA $7,000.00 $42,000.00 15 Sanitary Sewer Service Connections - Single 298 EA $1,250.00 $372,500.00 16 Dewatering / Well Pointing 1,750 LF $35.00 $61,250.00 17 Connect to existing MH 8 LS $9,500.00 $76,000.00 C. Sanitary Sewer Improvements Subtotal: $1,539,050.00 D. Water Improvements ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 18 PVC Pressure Pipe - 8" 7,972 $25.00 $199,300.00 19 Gate Valve - 8" 35 $1,200.00 $42,000.00 20 Ductile Iron Fittings - 8" 23 $500.00 $11,500.00 21 Fire Hydrant 16 $4,600.00 $73,600.00 22 Water Service Connection - Single 14 $1,000.00 $14,000.00 23 Water Service Connection - Double 142 $1,250.00 $177,500.00 24 Connection to Existing Waterline 8 $2,500.00 $20,000.00 D. Water Improvements Subtotal: $537,900.00 E. Storm Sewer Improvements ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 25 18" Reinforced Concrete Pipe Culvert 1,670 LF $62.50 $104,375.00 26 24" Reinforced Concrete Pipe Culvert 2,020 LF $75.00 $151,500.00 27 36" Reinforced Concrete Pipe Culvert 120 LF $95.00 $11,400.00 28 42" Reinforced Concrete Pipe Culvert 120 LF $75.00 $9,000.00 29 5' Curb Inlets 52 EA $2,750.00 $143,000.00 30 24" Headwall / Outfall 10 EA $4,500.00 $45,000.00 31 32_ 36" Headwall / Outfall 4 EA $5,500.00 $22,000.00 42" Headwall / Outfall 6 EA $6,000.00 $36,000.00 E. Storm Sewer Improvements Subtotal: $522,275.00 F. Street Improvements 1 Exhibit 4 Paae 1 of 3 ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 33 1-1/2" HMAC including Prime Coat 34,700 SY $10.00 $347,000.00 34 6" Lime Stabilized Subgrade 39,150 SY $4.00 $156,600.00 35 8" Lime Stabilized Base 39,150 SY $8.00 $313,200.00 36 Curb and Gutter 20,350 LF $10.00 $203,500.00 37 Concrete Sidewalk 75,900 SF $4.50 $341,550.00 38 ADA Ramps 48 SF $1,000.00 $48,000.00 39 Traffic Control 2 LS $3,500.00 $7,000.00 F. Street Improvements Subtotal: $1,416,850.00 Estimated On -Site Construction Costs: $4,347,506.25 Professional Services ITEM NO. DESCRIPTION FEE 1 Engineering (7.5%) $326,062.97 2 Topographic Surveying $35,000.00 3 Contract Administration $45,000.00 4 Testing (0.5%) $21,737.53 Professional Services Subtotal: $427,800.50 IF IF TOTAL ESTIMATED ON-SITE COSTS: $4,775,306.75 OFF-SITE SANITARY SEWER COSTS _ A. Storm Water Pollution Prevention ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 1 Reinforced Filter Fabric Fence 1,900.00 LF $3.75 $7,125.00 2 Stabilized Construction Entrance 2.00 LS $2,000.00 $4,000.00 3 Post Construciton Seeding 1.00 LS $3,000.00 $3,000.00 A. Storm Water Pollution Prevention Subtotal: $14,125.00 B. Site Preparation and Improvements ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 4 Moblization and Demobilization 1.00 LS $13,000.00 $13,000.00 5 C. Sanitary Site re -Grading 1.00 LS $11,000.00 $11,000.00 B. Site Preparation and Improvements Subtotal: $24,000.00 Sewer Improvements ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 6 9'-11' Deep - 12" PVC Sanitary Sewer 1,291.00 LF $140.00 $180,740.00 7 11'-13' Deep - 12" PVC Sanitary Sewer 420.00 LF $148.00 $62,160.00 8 13'-15' Deep - 12" PVC Sanitary Sewer 191.00 LF $168.00 $32,088.00 9 OSHA Trench Safety 1,902.00 LF $5.99 $11,400.00 10 4' Diameter Manhole (9' - 11' depth) 2.00 EA $10,000.00 $20,000.00 11 4' Diameter Manhole (11' -13' depth) 3.00 EA $12,000.00 $36,000.00 12 4' Diameter Manhole (13' - 15' depth) 2.00 EA $14,000.00 $28,000.00 13 20" Steel Casing and Boring (under Ennis Joslin) 115.00 LF $495.00 $56,925.00 14 Dewatering / Well Pointing 1,900.00 LF $35.00 $66,500.00 15 Connect to existing MH (15' aproximate depth) 1.00 LS $9,500.00 $9,500.00 16_ Traffic Control 1.00 LS $3,500.00 $3,500.00 _ C. Sanitary Sewer lmprovements Subtotal: $506,813.00 Estimated Off -Site Saniatry Sewer Construction Costs: $544,938.00 Professional Services ITEM NO. DESCRIPTION FEE 1 Engineering Professional Services Subtotal: $44,870.35 2 Topographic Surveying $6,000.00 4 Testing $2,724.69 $53,595.04 TOTAL ESTIMATED OFF-SITE SANITARY SEWER COSTS: $598,533.04 TOTAL ESTIMATED PROJECT COSTS: $5,373,839.79 Exhibit 4 Page 2 of 3 Engineer Estimate of Project Costs Title: Sandy Creek - Off -Site Trunk Main Reimbursement Owner: Palm Land Investments, Inc. Contact: Dan Caballero 5949 La Costa Naismith Address: Corpus Christi, Texas 78414 Engineering,Inc Phone: (361) 765-2166 4501 Gollihar Road. Corpus Christi, TX 78411 NEI Engineer: Craig Thompson, P.E. 3b1-814-9900 Fax 361-814-4401 Address: 4501 Gollihar Road Corpus Christi, Texas 78411 Phone: (361) 814 - 9900 Date of Estimate: August 13, 2014 A. Storm Water Pollution Prevention ITEM NO. I DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 1 Reinforced Filter Fabric Fence 1,900.00 LF $3.75 $7,125.00 2 Stabilized Construction Entrance 2.00 LS $2,000.00 $4,000.00 3 Post Construciton Seeding 1.00 LS $3,000.00 $3,000.00 B. Site Preparation A. Storm Water Pollution Prevention Subtotal: $14,125.00 and Improvements ITEM NO. I DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 4Moblization and Demobilization 1.00 LS $13,000.00 $13,000.00 5 I Hauling / Site Re-Grading 1.00 LS $11,000.00 $11,000.00 C. Sanitary Sewer B. Site Preparation and Improvements Subtotal: $24,000.00 Improvements m_ __ ITEM NO. DESCRIPTION QUANTITY UNIT CONTRACT UNIT PRICE TOTAL COST 6 9'-11' Deep - 12" PVC Sanitary Sewer 1,291.00 LF $140.00 $180,740.00 7 11'-13' Deep - 12" PVC Sanitary Sewer 420.00 LF $148.00 $62,160.00 8 13'-15' Deep - 12" PVC Sanitary Sewer 191.00 LF $168.00 $32,088.00 9 OSHA Trench Safety 1,902.00 LF $5.99 $11,400.00 10 4' Diameter Manhole (9' -11' depth) 2.00 EA $10,000.00 $20,000.00 10 4' Diameter Manhole (11' -13' depth) 3.00 EA $12,000.00 $36,000.00 11 5' Diameter Manhole (13' -15' depth) 2.00 EA $14,000.00 $28,000.00 12 20" Steel Casing and Boring (Ennis Joslin) 115.00 LF $495.00 $56,925.00 13 Dewatering / Well Pointing 1,900.00 LF $35.00 $66,500.00 14 Connect to existing MH (15' aproximate depth) 1.00 LS $9,500.00 $9,500.00 15 Traffic Control 1.00 LS $3,500.00 $3,500.00 I IIIIII C. Sanitary Sewer Improvements Subtotal: $506,813.00 Estimated Construction Costs: $544,938.00 Professional Services ITEM NO. DESCRIPTION FEE 1 Engineering $44,870.35 2 Topographic Surveying $6,000.00 4 Testing $2,724.69 Professional Services Subtotal: $53,595.04 Total Offsite Estimated Project Costs: $598,533.04 Lot Fee Credit for 254 Lots: $99,822.00 Total Wastewater System City Participation: $498,711.04 Exhibit 4 Page 3 of 3 City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at: 2406 Leopard Street (Corner of Leopard St. and Pan Ave.) 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". NAME: b'V'Jz.11. CASALtbfO STREET: 5c/ t LA C05%/v CITY: CG42A- C/t1.e4,5 rr r, ZIP: 76 r!/Lj FIRM is: porporation ❑ Partnership ['Sole Owner ['Association ❑ 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) 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 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 CERTIFICATE 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,ch,gess occur. Certifying Person: Ar GL1 ) a(761;16 Title: ffe-'3 dL-vYi (Print) Signature of Certifying Person: Date: 7/Zz/Z0iY K:VDEVELOPMENTSVCSISHAREDTAND DEVELOPMENTIORDINANCE ADMNISTRATIONVU'PLICATION FORMS FORMS AS PER LEGAL2012\D1SCLOSURE OF INTERESTS Page 1 of 2 STATEMENTI.27.I2.DOC Pvhihit C' PN DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K:\DEVELOPMENTSVCS\SHAREDLAND DEVELOPMENT\ORDINANCE ADMiNISTRATION\APPLICATION FORM STORMS AS PER LEGAL220121D1SCLOSURE OF INTERESTS STA TEMENT1.27.12.DOC Pvhihif F Pana 1 of ~) City of 111,1 Corpus .= Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. "lox 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at: 2406 Leopard Street (Comer of Leopard St. and Port Ave.) 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". NAME: .+)'l L- I'LLb Q STREET: g-`lC.A CosrA CITY: Coe/us nc ZIP:y/'c'%' FIRM is: Eorporation ❑ Partnership ❑ Sole Owner 0 Association [] 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(4 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 rdIA 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 N/4 Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: (Print) Signature of Certifying Perso Title: 51-7.4.azy Date: 7/4 41/1// K:\DEVELDPMENTSVCSISHAREDILAND DEVELOPMENT ORDINANCE ADMINISTRATIONIAPPLICATION FORMSIFORMS AS PER LEGAMII2\DISCLOSURE OF INTERESTS Page 1 of ^ STATEMENT1.27.. 12.DOC Fvhihif .r'f DEFINITIONS a. "'Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K:IDEVLLOPMENTSVCS'\SHARED \LAND DEVELOPMENTSORDINANCE ADMINISTRATIONIAPPLTCATION FORMSIFORMS AS PER LECAL120121DISCLOSURE OF INTERESTS STATEM NTL27.12_DOC rvhihi+ ri 1:1 el. 9 of 9 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 23, 2014 Action Item for the City Council Meeting of September 30, 2014 DATE: TO: August 18, 2014 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Interim Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 Engineering Contract Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2014-2015 CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with RCM Constructors, Inc. of Corpus Christi, Texas in the amount of $657,391 for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2014-2015 for the base bid and to execute an engineering contract with Engineering & Construction Management Services, LLC of Corpus Christi, Texas in the amount of $69,300, for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2014-2015 for construction observation services. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract with RCM Constructors and an engineering contract with Engineering & Construction Management Services for construction observation services. BACKGROUND AND FINDINGS: The construction contract is for the locating and the excavation of existing service lines; replacing approximately 2800 linear feet of wastewater service lines from the clean-out to the bend and from the bend to City main; 150 Sanitary Sewer and 100 Storm Water Manholes Ring and Cover Adjustments throughout the City under multiple work authorizations. The construction contract duration is 365 calendar days. Engineering & Construction Management Services, LLC (ECMS) will provide field inspection of the work in progress, planning/coordination of the next work orders and documentations of all work completed and approved. ECMS is recommended to provide these services based upon their expertise and past construction management of similar work. ECMS has provided similar services since the original contract in FY 2011. On July 16, 2014, the City received proposals from three (3) bidders and their respective bids are as follows: Contractor Base Bid RCM Constructors, Inc. Corpus Christi, TX $657,391.00 ADK Environmental, Inc. Odem, TX $689,323.00 National Power Rodding Corporation Austin, TX $1,141,832.32 The Engineer's Opinion of Probable Construction Cost is $675,000 (for the base bid). ALTERNATIVES: 1. Authorize the execution of the contracts. 2. Do not authorize the execution of the contracts. (Not Recommended) OTHER CONSIDERATIONS: The City's engineer, Engineering & Construction Management Services, LLC, conducted a bid analysis of the three (3) proposals submitted to the City. The lowest bidder based on the total base bid is RCM Constructors, Inc. of Corpus Christi, Texas. Based on the information submitted in accordance with the contract documents, RCM Constructors, Inc. has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ® Operating ❑ Revenue Capital ❑ Not applicable Fiscal Year 2013-2014 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $762,848.00 $762,848.00 Encumbered / Expended Amount This Item - RCM $657,391.00 $657,391.00 This Item - ECMS $69,300.00 $69,300.00 Future Anticipated Expenditures This Project $36,157.00 $36,157.00 BALANCE $0.00 $0.00 Fund(s): Wastewater Operating, Storm Water Operating Comments: This project requires approximately 365 calendar days with anticipated completion September 2015. The construction contract will result in the expenditure of an amount not to exceed $657,391. The engineering contract will result in the expenditure of an amount not to exceed $69,300. RECOMMENDATION: City Staff recommends approval of the construction contract with RCM Constructors, Inc. of Corpus Christi, Texas in the amount of $657,391 for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2014-2015 for the base bid and to execute an engineering contract with Engineering & Construction Management Services, LLC of Corpus Christi, Texas in the amount of $69,300, for the Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2014-2015 for construction observation services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET WASTEWATER SERVICE LINE REPAIR & CLEAN-OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2014-2015 FUNDS AVAILABLE: Wastewater Operating FY 2014 $678,935.00 Storm Water Operating FY 2014 $83,913.00 TOTAL $762,848 FUNDS REQUIRED: Construction (RCM Constructors, Inc.) $657,391 Engineer Fees: *Construction Observation Services (ECMS, LLC) $69,300 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $11,504 Engineering Services (Project Mgmt/Constr Mgmt/Traffic Mgmt/Land Acq Svcs) $21,365 Misc $3,287 TOTAL $762,848 PROJECT BUDGET BALANCE *Design services for $17,500 were administratively approved by Amendment No. 1 to Project No. E13048 on April 22, 2014 $0 F, 624 IVER HWY 44 JVUECES Bey VfR RD yam'_ v ar ,, 1714rit 44444*•4 CORPUS C3-1RISTI Byty N NOTE: CITY WIDE PROGRAM PROJECT # E14025 LOCATION MAP NOT TO SCALE WHITECAP VP QQ ti C,tLfof .T4EXICO WASTEWATER SERVICE LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM 2014-2015 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 of 1 Corpus Chr sti Capital Programs Wastewater Service Line Repair & Clean-out Installation and Manhole Ring and Cover Adjustment Program FY 2014-2015 Council Presentation September 23, 2014 Project Scope Corpus Chr sti Capital Programs NIIECTS Bay CORPUS Ci -f fSTI Bay NOTE: CITY WIDE PROGRAM LOCATION MAP 2 Project Schedule Corpus Chr sti Capital Programs Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Construction Project Estimate: 365 days October 1, 2014 to September 30, 2015 PROJECT BUDGET BALANCE FUNDS AVAILABLE: Wastewater Operating FY 2014 Storm Water Operating FY 2014 TOTAL FUNDS REQUIRED: Construction (RCM Constructors, Inc.) Engineer Fees: *Construction Observation Services (ECMS, LLC) Reimbursements TOTAL *Design services for $17,500 were administratively approved by Amendment No. 1 to E13048 on April 22, 2014 Project Budget Corpus Chr sti Capital Programs $678,935.00 $83,913.00 $762,848 $657,391 $69,300 $36,156 $762,848 $0 Project No. 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 (Executive Director of Public Works) and Engineering and Construction Management Services, LLC, a Texas corporation, 5001 Oakmont Drive, Corpus Christi, Nueces County, Texas 78413, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Adjustment Program 2014-2015 (Project No. E14025) — The ID/IQ construction contract is for the locating and the excavation of existing service lines; replacing approximately 2800 linear feet of wastewater service lines from the clean-out to the bend and from the bend to City main; 150 Sanitary Sewer and 100 Storm Water Manholes Ring and Cover Adjustments throughout the City under multiple work authorizations. The work period will be 365 calendar days. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Executive Director of Public Works. 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 Executive Director of Public Works. 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 Executive Director of Public Works. 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 Executive Director of Public Works. Contract for Engineering (A/E) Services Page 1 of 3 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E14025 WW SRVC LINE REPAIR & CLEAN-OUT INSTALLATION & MANHOLE RING & COVER ADJUSTMENT 2014- 2015\CONSTRUCTION & CONS OBSERVATION\CONTRACT\CONTRACT.DOC The Executive Director of Public Works 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 revised fee not to exceed $69,300.00 (Sixty -Nine Thousand Three Hundred Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 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 DATAEXCHANGE\JENNIFER\WASTEWATER1E14025 WW SRVC LINE REPAIR & CLEAN-OUT INSTALLATION & MANHOLE RING & COVER ADJUSTMENT 2014- 20151CONSTRUCTION & CONS OBSERVATION\CONTRACT\CONTRACT.DOC 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the AIE without the express written consent of the Executive Director of Public Works. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI ENGINEERING & CONSTRUCTION MANAGEMENT SERVICES, LLC 6-404-40 C7(7#6( Natasha Fudge, P.E., Date Felix'H. canas, Jr., P.E., Date Acting Director, Capital Programs Pres dent 5001 Oakmont Drive Corpus Christi, Texas 78413 RECOMMENDED (361) 986-1202 Office (361) 906-2477 Fax Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date for City Attorney APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta, City Secretary Project No: E14025 Fund Source No: 530235-4200-33400-E14025 Fund Name: Wastewater Operating for $61,677 Fund Source No: 530000-4300-32005-E14025 Fund Name: Storm Water Operating for $7,623 Encumbrance No: Contract for Engineering (A/E) Services Page 3 of 3 K\ENGINEERING DATAEXCHANGE1JENNIFER1WASTEWATERSE14025 WW SRVC LINE REPAIR & CLEAN-OUT INSTALLATION & MANHOLE RING & COVER ADJUSTMENT 2014- 20154CONSTRUCTION & CONS OBSERVATJONYCONTRACTICONTRACT.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS WASTEWATER SERVICE LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM 2014-2015 PROJECT NO. E14025 I. SCOPE OF SERVICES A. 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 Executive Director of Public Works. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Executive Director of Public Works as required. The A/E will, with written authorization by the Executive Director of Public Works, 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. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. EXHIBIT "A" Page 1 of 4 K:\Engineering DataExchange\JENNIFER\WASTEWATER\E14025 WW SRVC LINE REPAIR & CLEAN-OUT INSTALLATION & MANHOLE RING & COVER ADJUSTMENT 2014-2015\CONSTRUCTION & CONS OBSERVATION\CONTRACT\Exhibit A.doc 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and A/E 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 A/E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 2. 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 EXHIBIT "A" Page 2 of 4 K:\Engineering DataExchange\JENNIFER\WASTEWATER\E14025 WW SRVC LINE REPAIR & CLEAN-OUT INSTALLATION & MANHOLE RING & COVER ADJUSTMENT 2014-2015\CONSTRUCTION & CONS OBSERVATION\CONTRACT\Exhibit A.doc method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". II. SCHEDULE Day Date Activity Tuesday September 9, 2014 Contract Award Thursday October 1, 2014 Begin Construction Friday September 30, 2015 Complete Construction 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.1-2 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.1-2, A/E will submit monthly statements for basic services rendered. In Section I.A.1-2, 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. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Executive Director of Public Works 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 3 of 4 K:\Engineering DataExchange\JENNIFER\WASTEWATER\E14025 WW SRVC LINE REPAIR & CLEAN-OUT INSTALLATION & MANHOLE RING & COVER ADJUSTMENT 2014-2015\CONSTRUCTION & CONS OBSERVATION\CONTRACT\Exhibit A.doc Summary of Fees EXHIBIT "A" Page 4 of 4 K:\Engineering DataExchange\JENNIFER\WASTEWATER\E14025 WW SRVC LINE REPAIR & CLEAN-OUT INSTALLATION & MANHOLE RING & COVER ADJUSTMENT 2014-2015\CONSTRUCTION & CONS OBSERVATION\CONTRACT\Exhibit A.doc ORGINAL TOTAL BASIC SERVICES 1 Preliminary Phase $0.00 $0.00 2 Design Phase 0.00 0.00 3 Bid Phase 0.00 0.00 4 Construction Phase 0.00 0.00 Subtotal Basic Services 0.00 0.00 ADDITIONAL SERVICES 1 Permit Preparation 0.00 0.00 2 ROW Acquisition Survey 0.00 0.00 3 Topographic Survey 0.00 0.00 4 Environmental Issues 0.00 0.00 5 Construction Observation Services 68,700.00 68,700.00 6 Start -Up Services 0.00 0.00 7 Warranty Phase (8 hrsx$75) 600.00 600.00 Subtotal Additional Services 69,300.00 69,300.00 TOTAL FEE $69,300.00 $69,300.00 M2014 - EXHIBIT "A" Page 4 of 4 K:\Engineering DataExchange\JENNIFER\WASTEWATER\E14025 WW SRVC LINE REPAIR & CLEAN-OUT INSTALLATION & MANHOLE RING & COVER ADJUSTMENT 2014-2015\CONSTRUCTION & CONS OBSERVATION\CONTRACT\Exhibit A.doc EXHIBIT "A-1" TASK LIST CITY OF CORPUS CHRISTI, TEXAS WASTEWATER SERVICE LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM 2014-2015 PROJECT NO. E14025 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. WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one-year period after acceptance of the project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXHIBIT "A-1" Page 1 of 1 K:\Engineering DataExchange\JENNIFER\WASTEWATER\E14025 WW SRVC LINE REPAIR & CLEAN-OUT INSTALLATION & MANHOLE RING & COVER ADJUSTMENT 2014-2015\CONSTRUCTION & CONS OBSERVATION\CONTRACT\Exhibit A-1.doc 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, non -renewal or material change required on all certificates Bodily Injury & Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included 1. Owned vehicles 2.. Hired — Non -owned vehicles $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions $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 WORKERS' COMPENSATION EMPLOYERS' LIABILITY Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 K:\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large - Insurance & Indemnification.docx EXHIBIT "B" Page 1 of 3 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page 2 of 3 K:\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large - Insurance & Indemnification.docx H. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3 of 3 K:\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large - Insurance & Indemnification.docx Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Protect No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 0727100 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice invoice Complete 51,000 50 50 51,000 $0 51,000 51,000 100% 2.000 1.000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 096 2.500 0 1,000 3,500 0 0 0 0% 56,000 51,000 51,250 58,250 5750 51,500 52,500 30% 521000 50 50 52,000 5500 50 $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 51,120 51,627 $4,747 5500 50 5500 11% 56,000 51,000 51,250 58,250 5750 51,500 52,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 52,120 52,877 $12,997 51,250 $1,500 53,000 23% RR. SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to providepthe 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: STREET ADDRESS: 5001 Oakmont CITY: Corpus Christi FIRM IS: 1. Corporation 11 4. Association 2. Partnership 5. Other e ZIP: 78413 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name N.A. Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 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 REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Felix H. Ocanas, Jr., P.E. Title: President (Type or Print) Signature of Certifying Person: -1A--1 92/ V- rat -it -4-v DEFINITIONS Date: 4—%/ I 2" f� 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. AGENDA MEMORANDUM Future Item for the City Council Meeting of September 23, 2014 Action Item for the City Council Meeting of September 30, 2014 DATE: August 27, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Director of Municipal Information Services MichaelAr@cctexas.com 361-826-3735 Purchase Six Months End of Lease Extension from ePlus for Mobile Data Terminals used by Public Safety CAPTION: Motion authorizing the City Manager or designee to execute all documents necessary to purchase six months end of lease extension from ePlus of Herndon, Virginia for 207 Public Safety mobile data terminals in the amount of $31,643.43 per month for a total cost of $189,860.58. Funds are available in the MIS FY2013-2014 budget. PURPOSE: Continue leasing the mobile data terminals used by the Police Department for an additional six months. BACKGROUND AND FINDINGS: The City entered into a forty-eight month operating lease of mobile data terminals on July 1, 2010. Now, the City would like to execute the end of lease option and continue this lease for an additional six months. This will enable the Police Department to continue using the existing equipment while replacement equipment is procured and implemented. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Department and Office of Management and Budget. FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 63,286.86 126,573.72 189,860.58 Encumbered / Expended Amount This item 63,286.86 126,573.72 189,860.58 BALANCE 0 0 0 Fund(s): Municipal Information Services Comments: Total cost of the contract is $189,860.58. Funds have been budgeted for this expense in Fiscal Year 2013-2014 and will be available in 5210-40495-530160, Rentals. Procurement of replacement equipment will be brought before the City Council at a later date. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: ePlus End of Lease options 1 ptember 10, 2014 Corpus Christi P.O. Sox 9277 Corpus Christi, TX 78469 RE: End of lease options for Schedule Nos. 1 and 2 to Appendix D to DIR Contract No. DIR-SDD-1032 between Austin Ribbon & Computer Supplies, Inc. as Lessor and the City of Corpus Christi as Lessee, as assigned to ePlus Group, inc. as Assignee. Pursuant to your company's desire to investigate their end of term options for the above referenced lease Schedules, ePlus Group inc. is pleased to provide the following proposal: Equipment- Equipment Description. All Equipment on Schedules 1 and 2 Option 1 for Schedules 1 and 2: Pricing does not include warranty: XSix month extension: $31,643.43 (plus applicable taxes) per month for six months commencing October 1, 2014 (531,177.36 for Schedule 1 and 5466.07 for Schedule 2) Option 2 for Schedules 1 and 2: Extension pricing includes warranty provided by Austin Ribbon & Computer Supplies (Quote # Q-124010): Six month extension: $44,90250 (plus applicable taxes) per month for six months commencing October 1, 2014 The effective date of the above options would be October 1, 2014. All rent, taxes and other obligations due prior to the effective date arc not included in the prices provided above. All rent payments and other receivables due under the Schedules must be current. Ail terms and conditions of the Schedules remain in full effect. Please indicate which option is acceptable above by initialing in the applicable space above and by signing below where provided. Please return this letter via fax to my attention at 703-984-8695 or email at jmarsh@eplus.com. If the extension options are accepted, ePlus may require extension agreements or lease schedulm to be executed between Lessee and ePlus. In order to prevent further obligations, this proposal must be executed and returned by the expiration date and the payments must be received by their due dates. If either of these conditions is not met additional payments may apply. Should you have any questions or concerns, please contact me at (703) 984-8095. This proposal is valid through September 30, 2014. gily, AGREED TO AND ACCEPTED BY: Jason Marsh Vice President, Operations ePlus Group, inc. Signature Title & Date 13595 Dulles Technology Drive it Herndon. VA 20171-3413 • wwweplus.com AGENDA MEMORANDUM Future Item for the City Council Meeting of September 23, 2014 Action Item for the City Council Meeting of September 30, 2014 DATE: TO: September 23, 2014 Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com (361) 826-3169 Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Purchase of Localizer Array System for the Corpus Christi International Airport CAPTION: Motion approving the purchase of a localizer array system for the Corpus Christi International Airport (CCIA) with Thales ATM, U.S., Overland Park, Kansas, based on sole source for the total amount of $268,612.00. Ninety (90) percent of the project is funded through a Federal Administration Grant with a ten (10) percent local match. PURPOSE: Flight operations at the CCIA require the use of navigational aids to assist aircraft in approaching and landing on the runway. One component of the various navigational aids is the localizer array. The current localizer array requires replacement as part of the updated and enhanced version of the system. BACKGROUND AND FINDINGS: The construction contract for this project was awarded on April 15, 2014 to Bay Ltd. in the amount of $34,766,637.10. The project began construction on May 15, 2014, with an anticipated completion date of October 22, 2015. The project will extend the existing 7,508 -foot Runway 13 to the North by 1,000 feet and provide high strength pavement that is capable of accommodating a full range of aircraft. The Federal Aviation Administration (FAA) approved the design and construction work for the installation of various Navigational Aids (NAVAIDS) to be completed under this project, including the relocation and re -use of the existing runway localizer array systems for each runway end. Upon further review, the FAA has made a determination that the existing 8 -element localizer array system is no longer sufficient for the increased runway length due to new FAA criteria and that a 14 -element MK20A - single frequency element log periodic dipole (LPD) array is required. The 14 -element array must be purchased new from Thales Air Traffic Management as they are the only suppliers for the antenna array. The FAA, CCIA, and KSA Engineers determined that in order to mitigate impacts to the overall project schedule and due to the complexity of the project, it is more efficient to have this equipment procured by the city, thus eliminating delays with the ongoing critical path work activities of the Runway 13-31. In addition, purchase by the City may be eligible for tax-free equipment and will not include the additional contractor mark-up thereby, overall providing a cost benefit for the City. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Aviation Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $720,000.00 $11,381,388.00 0.0 $12,101,388.00 Encumbered / Expended Amount 0.0 0.0 0.0 This item 0.0 $268,612.00 0.0 $268,612.0 BALANCE $720,000.00 $11,650,000.00 0.0 $12,370,000.00 Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO ITEM DESCRIPTION QTY PRICE SHEET UNIT Thales ATM, U.S. Overland Park. Kansas 1 Single Frenquency 14 Element Antenna Array Includes; (14) welded antenna elements & transient suppressor cable fault CCA 1 LOT UNIT EXT PRICE PRICE $268,612.00 $268,612.00 Total 268,612.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 23, 2014 Action Item for the City Council Meeting of September 30, 2014 DATE: September 23, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager chrisetalm@cctexas.com (361) 826-3169 Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Installation of Monitors for the Multi -User Flight Information Display System CAPTION: Motion approving the installation of twenty-nine (29) monitors and related materials at the Corpus Christi International Airport (CCIA) for the Multi -User Flight Information Display System (MUFIDS) from MCFSA LTD., San Antonio, Texas in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $155,050.00. Funds have been budgeted in the Airport Fund No. 4610 in FY 2013- 2014. PURPOSE: The current MUFIDS requires an extensive software upgrade and installation of new monitors to provide passengers and customers with a real-time flight information system, weather updates and relevant emergency and/or directional information. BACKGROUND AND FINDINGS: The existing MUFIDS equipment is approximately fifteen years old and was originally installed in the old terminal. It has become unreliable, requires manual updates by airline employees and is not fully compliant with the American with Disabilities Act (ADA). The new equipment will enhance customer service with the latest software/hardware technology to include LCD monitors. The improved FIDS will provide airport management with automated control to distribute and display real-time flight information to passengers and airport operational staff. The system includes a web - based platform that enables airline differentiated check-in counter (layout-) control system for existing environments. The upgrade will allow mobile devices (i.e. smart phones) to access flight and weather information via the City's web -site, as well as automatic updates through the airline feeds for real time flight information. Airport Staff will also be able to deliver emergency, weather and way -finding instructions/information as needed. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Aviation Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $256,386.76 $256,386.76 Encumbered / Expended Amount $0.00 $0.00 This item $155,050.00 $155,050.00 BALANCE $101,336.76 $101,336.76 Fund(s): Airport Fund No. 4610 Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO ITEM DESCRIPTION TXMAS CONTRACT #9-84060 PRICE SHEET QTY UNIT MCFSA LTD San Antonio, Texas UNIT PRICE TOTAL PRICE 1. Installation of twenty-nine (29) monitors and related materials for the (MUFIDS) 1 LOT $155,050.00 $155,050.00 Grand Total $155,050.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of September 23, 2014 Action Item for the City Council Meeting of September 30, 2014 DATE: September 5, 2014 TO: Ronald L. Olson, City Manager FROM: Miles Risley, City Attorney MilesR@cctexas.corn 826-3360 Legal Services Contract with Tim Brown for general water issues CAPTION: Motion to authorize the City Manager or designee to execute a legal services agreement with Timothy L. Brown to advise the City on water rights and general water law issues, at monthly rate of $7,000 plus expenses. PURPOSE: To obtain legal services for general water law issues for FY 2014-2015. BACKGROUND AND FINDINGS: Tim Brown has many years of experience in dealing with City of Corpus Christi water issues. ALTERNATIVES: Hire water law specialist as a permanent City employee. OTHER CONSIDERATIONS: Mr. Brown provides legal advice during legislative session concerning water issues. CONFORMITY TO CITY POLICY: This request conforms to City Charter provision regarding employment of legal counsel. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: The Environmental & Strategic Initiatives Interim Department Director is in concurrence with this request. FINANCIAL IMPACT: x Operating ❑Revenue ❑Capital ❑Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $220,000 $220,000 Encumbered Expended Amount This item $84,000 $84,000 BALANCE $136,000 $136,000 Fund(s): Water RECOMMENDATION: Staff recommends approval of the legal services contract. LIST OF SUPPORTING DOCUMENTS: Letter agreement attached. Resume Timothy L. Brown Tel. (512) 371-7070 FAX. (512) 450-0389 E-mail: tlbrown@tlbrown.com 1600 West 38thStreet, Suite 206 Austin, Texas 78731-6405 Specializing in water rights, Groundwater and water districts Timothy L. Brown born Chicago, III July 18, 1940 admitted to bar 1966 Texas also admitted to practice before U.S. Court of Appeals Fifth Circuit, U.S. District Court Southern, Eastern and Western Districts of Texas. Preparatory education, Corpus Christi Public Schools, Del Mar College (AA, 1960), University of Texas (BA 1962); legal education University of Texas School of Law (LL.B 1965). Fraternity Delta Theta Phi. Planning Committee, University of Texas Water Law Conference 2005-2008, 2010-2012, 2014. Program Coordinator Texas Water Law Conference, CLE International 2002-04 Speaker Texas case law and legislation CLE International (2012) Groundwater and the 82"d Legislative Session; Texas Water Law Institute (2011) Judicial and Legislative Activity in Texas; CLE International (2011) History of Texas Water Laws; CLE International (2010) Statewide Groundwater Issues; CLE International Management and Administration of Ground and Surface Water in Texas; CLE International (2009) Recreational Amenity Ponds — When Groundwater and Surface Water Collide; Texas Water Law Institute (2008) Groundwater and Surface Water Legislative Principles; CLE International (2008) Water Legislation from the 80th Legislative Session. Texas Co -host for CLE International Law of the Rio Grande (Santa Fe, NM). Member, Austin Bar Association; State Bar of Texas (Administrative and Public Law Council 1976-2006, Chair 1981-82, 1986-87); Former Department Chief Legal Affairs U.S. Coast Guard Auxiliary, Commodore (Ret.); AV Martindale Hubbel, Peer Review Rated for Ethical Standards and Legal Ability. October 1, 2014 Mr. Timothy L. Brown Attorney at Law 1600 West 38th Street, Suite 206 Austin, Texas 78731 Re: Legal Services Agreement to Assist the City with general water issues and ongoing projects Dear Mr. Brown: This will confirm your agreement with the City of Corus Christi to provide legal services to assist the City with general water issues and other matters as directed by the City Manager or City Attorney. You will work with the City Attorney and Utilities Department on specific projects, as requested by the City Manager, City Attorney, or their designees, including, but not limited to, assisting the City regarding legal issues related to any of the City's water rights, assisting the Corpus Christi Aquifer Storage and Recovery Water Conservation District, analyzing legal issues related to City's perpetual wholesale water supply contracts, analyzing legal issues related to the development of the City's water rights, assisting in negotiating and drafting of agreements relating to the City's water rights, and assisting the City in regard to Federal and State legislative and agency matters that could affect the City's water rights. You will also keep informed as to discussions and proposals relating to general water related matters and provide the City with regular briefings. In addition, in coordination with and as requested by the City's Director of Intergovernmental Relations, you will act as one of the City's liaisons for legislative and regulatory matters dealing with water legislation during the regular and special session of the Texas Legislature, water rights, general water issues, environmental issues, and other matters as directed by the City Manager or City Attorney. You will assist the City, Legislative members, and regulatory entities by providing data, information, and research relating to the full range of issues covered under this agreement as directed by the City Manager or City Attorney. Your services will be performed beginning October 1, 2014 and ending September 30, 2015 at the hourly rate of $175 per hour, capped at $7,000 per month beginning October 1, plus expenses. When travel is requested by the City, the City of Corpus Christi will reimburse you for reasonable and customary charges for travel, when itemized. (For example, first class airfare and luxury suites are not considered reasonable.) Billing will be submitted monthly to Miles Risley, City Attorney, and shall be payable within 30 days of receipt. You will notify the City Attorney promptly if you should discover any conflict of interest between your representation of the City and any other interest or client that you may have. This agreement is exclusive of any other agreement between you and the City and may be cancelled at any time with 30 days notice to either party. Please indicate your acceptance by your signature below and return to the City Attorney. Sincerely, Ronald L. Olson City Manager ACCEPTED: Timothy L. Brown AGENDA MEMORANDUM Future Item for the City Council Meeting of September 23, 2014 Action Item for the City Council Meeting of September 30, 2014 DATE: September 9, 2014 TO: Ronald L. Olson, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Tax Abatement Guidelines CAPTION: Resolution adopting the City's Guidelines and Criteria for Granting Tax Abatements. PURPOSE: Approve the tax abatement guidelines for the City of Corpus Christi. BACKGROUND AND FINDINGS: Tax abatement is an incentive where companies for a certain amount of investment and jobs can apply for property tax abatement for City property tax over a period of time. The State statute limits this time to ten years. The guidelines delineate the amount of investment required and the average salary requirements to get a specific level of tax abatement. ALTERNATIVES: The guidelines must be in place to be able to offer tax abatement as an incentive OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand and thrive in Corpus Christi. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund: Not applicable RECOMMENDATION: Staff recommend the approval of the resolution to approve the tax abatement guidelines. LIST OF SUPPORTING DOCUMENTS: Resolution with Tax Abatement Guidelines Resolution adopting the revised the City's Guidelines and Criteria for Granting Tax Abatements WHEREAS, on December 6, 2011, the City Council by Resolution 029298, adopted the City's Guidelines and Criteria for Granting Tax Abatement; WHEREAS, the City's Guidelines and Criteria for Granting Tax Abatement, by State statute, expires two years from date and need to be adopted to make tax abatement available; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City's Guidelines and Criteria for Granting Tax Abatement are adopted. A copy of the revised Guidelines and Criteria are attached to and incorporated into this resolution as Exhibit A. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez City Secretary Mayor Corpus Christi, Texas of , 2014 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Jr. Priscilla G. Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Resolution - Tax. Abatement Guidelines EXHIBIT A Tax Abatement Guidelines Resolution - Tax Abatement Guidelines CITY OF CORPUS CHRISTI GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT September 30, 2014 WHEREAS, the attraction of long-term Added Value and the establishment of new permanent full-time jobs in the area would enhance the economic base of area taxing entities; WHEREAS, Corpus Christi must compete with other communities across the nation currently offering tax inducements to attract new plant and modernization projects, and studies have shown that a favorable local tax climate and start-up tax concessions rank second on the list of priorities for new plant installations or expansions; WHEREAS, tax abatement is one of the principal means by which the public sector and the private sector can forge a partnership to promote real economic growth within a community; WHEREAS, any tax incentives offered must be strictly limited in application to those new and existing industries that bring new wealth to the community in order to avoid reducing the needed tax revenues of area taxing entities; WHEREAS, the Property Redevelopment and Tax Abatement Act ("Act"), Chapter 312 of the Texas Tax Code authorizes taxing units to provide property tax abatement for limited periods of time as an inducement for the development or redevelopment of a property; WHEREAS, a Texas Enterprise Zone constitutes designation as a Reinvestment Zone without further hearing or other procedural requirements under Chapter 312, Texas Tax Code; WHEREAS, the Act requires eligible taxing jurisdictions to establish Guidelines and Criteria ("Guidelines") as to eligibility for tax abatement agreements prior to granting any future tax abatement, the Guidelines may not be changed for a two-year period unless amended by a three-fourths vote; WHEREAS, the City Council by Resolution 028424, on November 17, 2008, adopted the City of Corpus Christi Economic Development Policies, 2009-2011, which contain the City's Guidelines for tax abatement; WHEREAS, there is a need to supplement those Guidelines with greater detail on the requirements for tax abatement agreements; WHEREAS, in order to assure a common, coordinated effort to promote economic development in the area, these Guidelines have been circulated among Nueces County, Del Mar College, and other taxing entities for consideration as a common policy for ail jurisdictions which choose to participate in tax abatement agreements; and 1 Corpus Christi Tax Abatement Guidelines 09 30 2014 NOW, THEREFORE, BE IT RESOLVED by the City of Corpus Christi that these Guidelines for granting tax abatement be adopted: Section 1. Definitions. 'Abatement" means the temporary, full or partial exemption from ad valorem taxes of certain added value to real and personal property in a zone designated for economic development purposes under the Act. "Added Value" means the increase in the assessed value of an eligible property as a result of "expansion" or "modernization" of an existing facility or construction of a "new facility." It does not mean or include "deferred maintenance." "Agreement" means a contractual agreement between an Owner and the City for the purposes of tax abatement. "Base Year Value" means the assessed value of eligible property as of the January 1 preceding the execution of an Agreement, plus the agreed upon value of eligible property improvements made after January 1 but before the execution of the Agreement. "Basic Manufacturing or Service Facility" means buildings and structures, including fixed machinery and equipment not elsewhere described, used or to be used for the production of products or services that derive a majority of revenue from points beyond a 50 mile radius of Nueces County. "Catalyst Area" mean an area within a Texas Enterprise Zone, Downtown, Corpus Christi (North) Beach, Padre and Mustang Islands (other than areas within Tax Increment Reinvestment Zone Number Two, City of Corpus Christi), or other areas designed as catalyst areas by the City Council. "City" means the City of Corpus Christi that levies ad valorem taxes upon and provides services to property located within a proposed or existing zone designated under the Act. "Convention Center Hotel" means a hotel. "Deferred Maintenance" means improvements necessary for continued operations that do not improve productivity or alter the process technology. "Downtown Revitalization Housing Facility" means a Multi -family Housing Facility constructed or renovated in the area encompassed by the Downtown Management District; provided that a Multi -family Housing Facility, which is located near the boundaries of the Downtown Management District, may be considered if the Facility is determined by the City Council to assist in the revitalization of the downtown area. 2 Corpus Christi Tax Abatement Guidelines o9 30 2014 "Economic Life" means the number of years a property improvement is expected to be in service in a Facility. "Enterprise Zone Residential Redevelopment Facility" means buildings and structures used or to be used primarily for residential purposes that is located within a Texas enterprise zone. "Expansion" means the addition of buildings, structures, fixed machinery, or equipment for the purposes of increasing capacity. "Facility" means property improvements completed or in the process of construction that together compromise an integral whole. "Historic Structure" means any structure that has been designated by the Corpus Christi Landmark Commission as historically significant. "Locally Owned" means a facility, manufacturer, supplier, contractor, and labor supplier whose owner resides in or maintains its principle office within a 50 mile radius of Nueces County. "Mixed-use facility" means a facility having residential and commercial uses where the commercial use occupies more than 20% of the structure, "Multi -family housing" means a facility designed, arranged, or used exclusively for the use and occupancy of three or more families living independently of each other. The dwelling structure may include a triplex, apartment, townhouse, condominium, cooperative, high-rise, etc. "Modernization" means the replacement and upgrading of existing facilities that increases the productive input or output, updates the technology, or substantially lowers the unit cost of the operation, and extends the economic life of the facilities. Modernization may result from the construction, alteration, or installation of buildings, structures, fixed machinery, or equipment. "Modernization" does include work done for the purpose of reconditioning, refurbishing, repairing, or completion of deferred maintenance to a structure. "New Facility" means a property previously undeveloped, which is placed into service by means other than or in conjunction with an expansion or modernization. "Owner" means the owner of a Facility subject to abatement. If the Facility is constructed on a leased property, the Owner is the party that owns the property subject to tax abatement. The other party to the lease must join in the execution of Agreement, but may not be obligated to assure performance of the party receiving abatement. "Permanent full-time job" means a new employment position or full-time equivalent created by a business that provides a regular work schedule of at 3 Corpus Christi Tax Abatement Guidelines 09 30 2014 least 32 hours per week or 1,664 hours of employment per year to a Corpus Christi Metropolitan Statistical Area resident and maintains the employment position during the term of the Agreement. "Petrochemical Facility" means buildings and structures, including fixed machinery and equipment, the primary purpose of which is or will be the manufacture or processing of petrochemicals or fuels by physical or chemical change. "Regional Distribution Center Facility" means buildings and structures, including fixed machinery and equipment, used or to be used primarily to receive, store, service, or distribute goods or materials owned by the Facility operator where a majority of the goods or services are distributed to points beyond a 50 mile radius of the City. "Regional Telecommunications/Data Processing Center Facility" means buildings and structures used or to be used primarily for the provision of telecommunication or data processing services by the Facility operator where a majority of the services are provided to points beyond a 50 mile radius of the City. "Regional Visitor/Amusement Facility"' means buildings and structures used or to be used primarily as a stadium, arena, amusement park, or similar attraction or sports venue. "Rehabilitation" means that the Added Value, as defined, of the project exceeds the base year of a development property by $250,000. "Texas Enterprise Zone" means any area designated as an enterprise zone under Chapter 2303, Texas Government Code. Section 2. Abatement Authorized. (a) Authorized Facilities. A Facility may be eligible for abatement if it is one of the following: (1) Basic Manufacturing Facility. (2) Basic Service Facility. (3) Regional Distribution Center Facility. (4) Regional Telecommunications/Data Processing Center Facility. (5) Regional Visitor/Amusement Facility. (6) Enterprise Zone Facility. 4 Corpus Christi Tax Abatement Guidelines 09 30 2014 (7) Downtown Revitalization Housing Facility. (8) Petrochemical Facility. (9) Convention Center Hotel. (10) Historically Significant Structure. (b) Abatement for New Facilities or Improvements to Existing Facilities. Abatement may be granted for new facilities and improvements to existing facilities for the purpose of modernization or expansion. (c) Creation of New Value. Abatement may only be granted for the additional value of eligible property improvements made subject to and listed in an Agreement between the City and the Owner, subject to the limitations as the City requires. The economic life of the improvements must exceed the term of the Agreement. (d) Eligible Property. Abatement may be extended to the value of the improvements to real property, including buildings, structures, fixed machinery and equipment, and site improvements, plus that office space and related fixed improvements necessary to the operation and administration of the Facility. Abatement may also be extended for tangible personal property as defined by the Texas Tax Code. (e) Ineligible Property. The following types of property are fully taxable and ineligible for abatement, unless specifically authorized by the City Council: (1) Land. (2) Inventories. (3) Supplies. (4) Tools. (5) Furnishings and other forms of movable personal property. (6) Vehicles. (7) Vessels. (8) Aircraft. (9) Housing, other than an Enterprise Zone Residential Redevelopment Facility or Downtown Revitalization Housing Facility. (10) Hotel accommodations, other than a convention center hotel. (11) Deferred maintenance investments, 5 Corpus Christi Tax Abatement Guidelines 09 30 2014 (12) Property to be rented or leased, except when the Owner is the lessee of the land, but is the Owner of the Facilities. (13) Improvements for the generation or transmission of electrical energy not wholly consumed by a New Facility or expansion. (14) Any improvements, including those to produce, store, or distribute natural gas, fluids, or gases that are not integral to the operation of the Facility. (15) Improvements to real property that have an economic life of less than 15 years. (16) Property owned or used by the State of Texas or its political subdivisions, or by any organization owned, operated, or directed by a political subdivision of the State of Texas. (f) Period of Abatement. (1) Abatement may be granted effective with the January 1 valuation date immediately following the date of execution of the Agreement. Abatement may be allowed for a period of up to ten years, including the period of construction. 1f the period of construction exceeds two years, the Facility is considered completed for purposes of abatement at the end of two years, and in no case may the total period of abatement, inclusive of the construction period, exceed ten years. (2) Abatement for a Downtown Revitalization Housing Facility may be granted effective with the January 1 valuation date immediately following the date of execution of the Agreement. Abatement may be allowed for a period of seven years, including the period of construction. If the period of construction exceeds two years, the Facility is considered completed for purposes of abatement at the end of two years, and in no case may the total period of abatement, inclusive of the construction period, exceed seven years. (g) Completion of Construction. The completion of construction is deemed to occur upon the earliest of the following events: (1) When a certificate of occupancy is issued for the project (if it is located within a city). (2) When commercial production of a product or provision of a service is achieved at the Facility. (3) When the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument. (4) Two years after the date of the Agreement. 6 Corpus Christi Tax Abatement Guidelines 09 30 2014 (h) Determination of Completion of Construction. The determination of the completion of construction is made by the City, in its sole and absolute discretion, based upon the above criteria and the other factors as the City deems relevant. The determination of the completion of construction is conclusive, and any judicial review of the determination must be governed by the substantial evidence rule. (1) Abatement Percentage. Temporary property tax abatement may be authorized for the development of a New Facility, Expansion, or Modernization that meets either qualification criteria of capital investment or a qualification criteria based upon a combination of the number of new jobs created plus the average salary of all jobs at the facility. (1) The capital investment qualification criteria is as follows: Added Value from Capital Investment Abatement Level $2,000,000 to $10,000,000 Level 1 $10,000,001 to $50,000,000 _ Level 2 $50,000,001 to $150,000,000 Level 3 $150,000,001 to $500,000,000 Level 4 Over $500,000,000 Level 5 Note: ' The qualification for abatement by capital investment is based upon the added value of Eligible Property as reflected on the tax rolls of the applicable appraisal district. (2) The combination of new jobs and salary criteria is as follows: Number of New Jobst Average Salary Up to $50,000 Average Salary $50,001 to $70,000 Average Salary Over $70,000 20 to 99 New Jobs Level 1 Level 2 Level 3 100 to 199 New Jobs Level 2 Level 3 Level 4 200 or more New Jobs Level 3 Level 4 Level 5 Note: ° Provided that, obtaining temporary tax abatement based solely on the creation of the new jobs must be further conditioned on the requirement for the improvement or repair of property in order to meet the minimum requirements of the Act. (3) The level of any New Facility, Expansion, or Modernization that is located within a Catalyst Area or that is a Locally -Owned Facility is increased by one level above the standards set forth in Section 2(i)(1) and (2) above, with a minimum level of 3 for any the project. Further, if a Facility qualifies under both the capital investment qualification criteria and the new jobs and salary criteria, the Facility will be increased by one level above the highest criteria level achieved. (4) A historically significant structure is a minimum of Tier 3. (5) Any New Facility, Expansion, or Modernization that utilizes the Leadership in Energy and Environmental Design (LEED) Green Building Rating System may be increased at least one level above the qualifying level for abatement. 7 Corpus Christi Tax Abatement Guidelines 09 30 2014 (6) Abatement for a small business facility providing Added Value of at least $250,000 may be considered within a Catalyst Area or as a Locally -Owned Facility by the City Council on a case-by-case basis. (7) Upon compliance with the above criteria, the percentage of tax abated may be under the following schedule, with 100% abatement in each case during the construction period of up to two years: Year Level 1 Level 2 Level 3 Level 4 Levels Year 1* 100% 100% 100% 100% 100% Year 2* 100% 100% 100% 100% 100% Year 3 100% 100% 100% 100% 100% Year 4 75% 100% 100% 100% 100% Year 5 50% 75% 100% 100% 100% Year 6 25% 50% 75% 100% 100% Year 7 25% 50% 75% 100% Year 8 _ 25% 50% 75% Year 9 25% 50% Year 10 25% *Construction Period (8) In the event the Added Value caused by the Project is less than $2.0 million, no abatement may be granted unless the Facility is a Rehabilitation Project as described in Section 2(k) or historically significant as described in Section 2(1). (9) In order to be counted as a permanent job under these Guidelines, the job must be a full-time position providing regular work schedules of at least 32 hours per week. (10) For a Downtown Revitalization Housing Facility, the percentage of tax abated is under the following schedule: Year Percentage of Abatement Year 1* 100% Year 2* 100% Year 3 100% Year 4 100% Year 5 100% * Construction Period (11) For compliance purposes, the date for determining a permanent full-time job will be six months from the date of completion. The business must maintain the same level of employment or increase employment during the term of the agreement. (12) For an Enterprise Zone Facility, the jobs must be created within six months following the completion of construction. One new permanent full-time job must 8 Corpus Christi Tax Abatement Guidelines 09 30 2014 be added per $50,000 of Added Value to a property. The Owner must maintain the same level of employment or increase employment during the term of the Agreement. For example: Company X is rehabilitating a building in a Texas Enterprise Zone for a commercial use. The current value of the building is $250,000 and Company X estimates an added value of $750,000. The job requirement will be to create and maintain a minimum of 15 permanent full-time positions during the term of the Agreement. ($750,000 /$50,000 = 15) (13) For residential multi -family housing, the job creation requirement will be waived. (14) For mixed-use facilities, the job requirement will be prorated. For example: Company Y is constructing a mixed-use facility that is 30% non-residential and the Added Value is $1,500,000. The job requirement will be to create and maintain a minimum of 9 permanent full-time jobs during the term of the Agreement, (1,500,000 X .30 = $450,000/$50,000=9) (f) Living Wage Requirement. In order to count as a permanent full-time job under this tax abatement program, the job should provide a "living wage" for the employee. The target living wage under this abatement program is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. The City has the right to adjust the living wage target under these Guidelines and insert a specific target in each property Agreement to govern the abatement offered under that Agreement. (g) Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement (h) Utilization of Local Contractors and Suppliers. Developer agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements for elements that are not owner - provided or owner affiliate -provided being paid to local contractors and suppliers. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to comply with the Local Requirement. (1) Utilization of Disadvantaged Business Enterprises. Developer agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises, in the construction of elements of the Project that are not owner -provided or owner affiliate -provided. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as 9 Corpus Christi Tax Abatement Guidelines 09 30 2014 complying with state or federal standards for qualification as such an enterprise. The Developer agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements, for elements of the Project that are not owner -provided or owner affiliate -provided, being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to comply with the DBE Requirement. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. (j) Rehabilitation Projects. The $2 million minimum Added Value requirement for abatement does not apply to rehabilitation projects that involve the adaptive reuse of an existing structure or building for a Facility. (1) In order to qualify as a rehabilitation project under this provision, the project must involve a minimum Added Value, as defined, of $250,000. Any rehabilitation project must involve the adaptive reuse of an existing structure or building currently on the property tax rolls so that the Base Year Value associated with the project will include both the value of the land and the existing improvements. (2) For the rehabilitation projects, all Eligible Property in excess of the Base Year Value are subject to abatement, plus the value of personal property, such as furniture and movable equipment that would otherwise be considered Ineligible Property for any other type of abatement category. (3) In no event, however, may the total value of personal property subject to abatement exceed $1 million or the total amount of all property subject to abatement in a rehabilitation project exceed $5 million. (k) Historical Significant Structures. The $2 million minimum Added Value requirement for abatement does not apply to historical projects. (1) In order to qualify as an historical significant project under this provision, the project must be designated as historically significant by the CC Landmark Commission. (2) For the historical projects, all Eligible Property in excess of the Base Year Value are subject to abatement, plus the value of personal property, such as furniture and movable equipment that would otherwise be considered Ineligible Property for any other type of abatement category. Properties in Industrial Districts. For eligible property to be constructed in an area which is covered by an executed industrial district agreement with the City, the method of calculating payments in lieu of property taxes for the eligible property is set forth in the 10 Corpus Christi Tax Abatement Guidelines 09 30 2014 industrial district agreement. As an alternative to an industrial district agreement, an eligible property may be covered by an Agreement. (I) Economic Qualification for Non -Residential Development and Mixed -Use Facilities. (1) In order to be eligible for tax abatement, the planned improvement for a Non - Residential Development or Mixed -Use Facility may create no later than the January 1 following the completion of construction and maintain throughout the remainder of the term of the Agreement the minimum number of 50 permanent full-time jobs in City. (2) The planned improvement for a Non -Residential Development or Mixed -Use Facility may not adversely affect competition in the local market with established local businesses. (m) Taxability. From the execution of the Agreement to the end of the abatement period, taxes will be payable as follows: (1) The value of Ineligible Property as provided in Section 2(e) are fully taxable (except for personal property added in connection with a Rehabilitation Project). (2) The Base Year Value of existing Eligible Property as determined each year are fully taxable. (3) The Added Value of new Eligible Property (and certain personal property added in connection with a Rehabilitation Project) is taxable, less the authorized abatement provided in Section 2(i). Section 3. Application. (a) Written Application. Any present or potential owner of taxable property may request tax abatement by filing a written application with the City Manager. (b) Contents of Application. The application must consist of a completed application form provided by the City or Corpus Christi Regional Economic Development Corporation accompanied by the following: (1) A general description of the new improvements to be undertaken. (2) A descriptive list of the improvements for which abatement is requested. (3) A list of the kind, number, and location of all proposed improvements of the property. (4) A map and metes and bounds property description. (5) A time schedule for undertaking and completing the proposed improvements. 11 Corpus Christi Tax Abatement Guidelines 09 30 2014 (6) In the case of a modernization or expansion project, a statement of the assessed value of the Facility, separately stated for real and personal property, must be given for the tax year immediately preceding the application. (c) Additional information. The City may require additional financial and other information that the City deems appropriate for evaluating the financial capacity and other relevant factors of the applicant. (d) Written Notification to Other Governing Bodies. Upon receipt of a completed application, the City Manager will forward a copy of the application to the presiding officer of the governing body of each jurisdiction that has taxing authority over the property covered by the application. (e) Feasibility. After receipt of an application for abatement, the City will consider the feasibility and the impact of the proposed tax abatement. The study of feasibility includes, but not be limited to, an estimate of the economic effect of the abatement of taxes and the benefit to the City and the property to be covered by the abatement. (f) No Abatement if Construction has Commenced. No Agreement may be approved if the application for the abatement was filed after the commencement of construction, alteration, or installation of improvements related to the proposed Modernization, Expansion, or New Facility. (g) Variance. Requests for variance from the provisions of Section 2 may be made in written form, provided, however, that no variance may extend the term of abatement beyond ten years. The requests must include a complete description of the circumstances explaining why the applicant should be granted a variance. Approval of a request for variance requires a three-fourths vote of the City Council. Section 4. Public Hearing and Approval. (a) Designation of Tax Abatement Reinvestment Zone. An action designating a reinvestment zone for tax abatement under the Act may not be adopted by the City Council until a public hearing has been held at which interested persons are entitled to speak and present evidence for or against the designation. Notice of the hearing must be provided to the public in the manner required by the Act. (b) Tax Abatement Reinvestment Zone. Under Chapter 312, Texas Tax Code, a designated Texas Enterprise Zone constitutes designation as a Reinvestment Zone without further hearing or other procedural requirements. Under Chapter 2302 of the Texas Government Code, a federally designated Renewal Community or Census Block Group with poverty greater than 20% constitutes designation as a Texas Enterprise Zone. Therefore, the Renewal Community is a Reinvestment Zone, without further hearing. 12 Corpus Christi Tax Abatement Guidelines 09 30 2014 Section 5. Agreement. (a) Required Findings. In order to enter into an agreement, the City must find that the terms of the proposed Agreement meets the requirements of the Act and these Guidelines. (b) Reservation of Rights. Nothing in these Guidelines may be construed to limit the authority of the City to examine each application for tax abatement before it on a case- by-case basis and determine in the City's sole and absolute discretion whether or not the proposed project should be granted temporary tax abatement, whether or not it complies with these Guidelines, is feasible, and whether or not the proposed temporary abatement of taxes will inure to the long-term benefit of the City. (c) Contents of Tax Abatement Agreement. The Agreement with the Owner of the Facility must include all of the following: (1) The estimated value to Facility subject to abatement and the Base Year Value. (2) The percentage of value to be abated each year as provided in Section 2. (3) The commencement date and termination date of abatement. (4) A provision that the term of the Agreement must extend until five (5) years after the expiration of the period of tax abatement. (5) The proposed use of the Facility, nature of construction, time schedule, map, metes and bounds property description, and improvements list as provided in the application. (6) The contractual obligations in the event of default, delinquent taxes, recapture, administration, and assignment as provided in these Guidelines, or other provisions that may be required for uniformity or by state law. (7) The amount of Added Value and required number of permanent full-time jobs. (d) Time of Execution. The Agreement will normally be executed within 60 days after the applicant has provided all necessary information and documentation. (e) Attorney's Fees. In the event any attorney's fees are incurred by the City in the preparation of an agreement, the fees must be paid by the applicant upon execution of the Agreement. 13 Corpus Christi Tax Abatement Guidelines 09 30 2014 Section 6. Recapture. (a) Failure to Commence Operation During Term of Agreement. (1) In the event that the Facility is not completed and does not begin operation with the required minimum number of permanent full-time jobs by the January 1 following the completion of construction, no abatement may be given for that tax year, and the full amount of taxes assessed against the property is due and payable for that tax year. (2) In the event that the Enterprise Zone Facility is not completed and does not begin operation with at least one permanent full-time job per $50,000 of Added Value within six months following the completion of construction, no abatement may be given for that tax year, and the full amount of taxes assessed against the property are due and payable for that tax year. In the event that the Owner of such a Facility fails to begin operation with the required minimum number of permanent full-time jobs by the next January 1 or for an Enterprise Zone Facility, at least one permanent full-time job per $50,000 within 1 year following the completion of construction, then the abatement agreement terminates and all abated taxes during the period of construction must be recaptured and paid within 60 days of the termination. (b) Discontinuance of Operations During Term of Agreement. In the event the Facility is completed and begins operation with the required number of jobs, but subsequently discontinues operations and the required number of permanent full-time jobs are not maintained as required, for any reason, except on a temporary basis due to fire, explosion, other casualty or accident, or natural disaster, the Agreement may be terminated by the City providing abatement, and all taxes previously abated by virtue of the Agreement must be recaptured and paid within 60 days of the termination. (c) Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent and fails to timely and properly follow the legal procedures for their protest and/or contest, the Agreement automatically terminates and there may be no abatement of the taxes for the tax year of the delinquency. The total taxes assessed without abatement, for that tax year must be paid within 60 days from the date of termination. (d) Notice of Default, Should the City determine that the Owner is in default under the terms and conditions of its Agreement, the City will notify the Owner in writing at the address stated in the Agreement that if the default is not cured within 60 days from the date of the notice ("Cure Period"), then the Agreement will be terminated. In the event the Owner fails to cure the default during the Cure Period, the Agreement may be terminated and the taxes abated by virtue of the Agreement will be recaptured and paid as provided in these Guidelines. (e) Actual Capital Investment. Should the City determine that the total level of capital investment in eligible property is lower than provided in the Agreement, the difference 14 Corpus Christi Tax Abatement Guidelines 09 30 2014 between the tax abated and the tax that should have been abated based upon the actual capital investment as determined must be paid to the City within 60 days of notification to the Owner of the determination. (1) Reduction in Rollback Tax Rate. (1) If during any year of the period of abatement with respect to any property any portion of the abated value that is added to the current total value of the Facility, but is not treated as "new property value" (as defined in Section 26.012(17) of the Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in calculating the "rollback tax rate" under Section 26.04(c)(2), Texas Tax Code, and if the City's budget calculations indicate that a tax rate in excess of the "rollback tax rate" is required to fund the operations of the City for the succeeding year, then the City may recapture from the taxpayer a tax in an amount equal to the lesser of the following: (A) The amount of the taxes abated for that year by the City with respect to the taxpayer. (B) The amount obtained by subtracting the rollback tax rate computed without the abated property value being treated as new property value from the rollback tax rate computed with the abated property value being treated as new property value and multiplying the difference by the total assessed value of the City. (2) If the City has granted an abatement of taxes to more than one taxpayer, then the amount of the recapture, calculated under Section 6(f)(1)(B) above, will be prorated on the basis of the amount of the abatement with respect to each taxpayer. (3) All recaptured taxes must be paid within thirty (30) days after notice the recapture has been given to the affected taxpayer. Penalty and interest may not begin to accrue upon the sum until the first day of the month following the thirty (30) day notice, at which time penalty and interest accrues under the laws of the State of Texas. (g) Continuation of Tax Lien. The amount of tax abated each year under the terms of these Guidelines and the Agreement must be secured by a first and prior tax lien that continues in existence from year to year throughout the entire term of the Agreement or until all taxes, whether assessed or recaptured, are paid in full. (h) Automatic Termination. The Agreement must automatically terminate on and as of the date any of the following events occur: (1) The filing of a petition in bankruptcy by the Owner. (2) The making by the Owner of an assignment for the benefit of creditors. 15 Corpus Christ Tax Abatement Guidelines 09 30 2014 (3) Any involuntary petition in bankruptcy or petition for an arrangement under the federal bankruptcy code is filed against the Owner. (4) A receiver is appointed for the business of the Owner (i) Prior Notice of Automatic Termination Not Required. In the event of automatic termination for any of the reasons in Section 6(h), the prior notice of default provisions in Section 6(d) do not apply. Section 7. Administration. (a) Annual Assessment. The applicable appraisal district shall annually determine an assessment of the real and personal property subject to an Agreement. Each year, the Owner shall furnish the Appraisal District with the information as may be necessary for the abatement. Once value has been established, the Appraisal District may notify the affected jurisdictions which levy taxes of the amount of the assessment and the abatement. (b) Access to Facility. The Agreement must stipulate that employees or designated representatives of the City will have access to the Facility during the term of the Agreement to inspect the Facility to determine if the terms and conditions of the Agreement are being met. All inspections will be made only after giving 24 hours prior notice and will only be conducted in the manner as to not unreasonably interfere with the construction or operation of the Facility. All inspections will be made with one or more representatives of the Owner and under its safety standards. (c) Annual Evaluation. Upon completion of construction, the City individually or in conjunction with other affected jurisdictions, will annually evaluate each Facility receiving abatement to ensure compliance with the Agreement and report possible violations of the Agreement. (d) Annual Reports. The Owner shall certify to the City Council on or before April 1 each year that the Owner is in compliance with each applicable term of the agreement. Additionally, during the term of property tax abatement, the Owner shall provide to the City approving the abatement an annual report covering those items listed on Schedule 1 in order to document its efforts to acquire goods and services on a local basis. The annual report must be prepared on a calendar year basis and must be submitted to the City no later than ninety (90) days following the end of each the calendar year. The annual report must be accompanied by an audit letter prepared by an independent accounting firm which has reviewed the report. (e) "Buy Local" Provision. Each recipient of property tax abatement shall additionally agree to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. In any exception involving purchases over $10,000.00, a justification for the purchase must be included in the annual report. Each recipient shall further acknowledge that it is a legal and moral obligation of persons receiving property tax abatements to favor local 16 Corpus Christi Tax Abatement Guidelines 09 30 2014 manufacturers, suppliers, contractors, and labor, all other factors being equal. For the purposes of this provision, the term "local" as used to describe manufacturers, suppliers, contractors, and labor included firms, businesses, and persons who reside in or maintain an office in the Corpus Christi Metropolitan Statistical Area. In the event of a breach of the buy -local provision, the percentage of abatement will be proportionately reduced equal to the amount the disqualified contract bears to the total construction cost for the project. (f) Right to Modify or Cancel. Notwithstanding anything in these Guidelines or in any agreement to the contrary, the City Council may cancel or modify the agreement if the Owner fails to comply with the Agreement. (g) Transition Rule. For any project which obtained an Agreement within the twelve months prior to adoption of these Guidelines, the project may, upon the agreement of the Owner and the City, obtain an amendment to its Agreement to incorporate the terms and conditions of these Guidelines. 17 Corpus Christi fax Abatement Guidelines 09 30 2014 SCHEDULE 1 "Buy Local" Annual Reports The following information must be reported to the City on a calendar -year basis during the first four years of the tax abatement program: 1. Dollar amount spent for materials* (local). 2. Dollar amount spent for materials* (total). 3. Dollar amount spent for labor** (local). 4. Dollar amount spent for labor** (total). 5. Number of jobs created in the construction project (local). 6. Number of jobs created in the construction project (total). 7. Number of jobs created on a permanent basis (local). 8. Number of jobs created on a permanent basis (total). * "Materials" is defined to include all materials used in excavation, site improvement, demolition, concrete, structural steel, fire proofing, piping, electrical, instruments, paintings and scaffolding, insulation, temporary construction facilities, supplies, equipment rental in construction, small tools and consumables. This term does not include major items of machinery and equipment not readily -available locally. ** "Labor" is defined to include all labor in connection with the excavation, site improvement, demolition, concrete construction, structural steel, fire proofing, equipment placement, piping, electrical, instruments, painting and scaffolding, insulation, construction services, craft benefits, payroll burdens, and related labor expenses. This term does not include engineering services in connection with the project design. The term "local" as used to describe manufacturers, suppliers, contractors and labor includes firms, businesses, and persons who reside in or maintain an office in either Nueces County or San Patricio County. 18 Corpus Christi Tax Abatement Guidelines 09 30 2014 AGENDA MEMORANDUM City Council Meeting of September 23, 2014 DATE: TO: September 17, 2014 Ronald L. Olson, City Manager FROM: Alyssa Barrera, Business Liaison AlyssaB@cctexas.com (361) 826-3356 UPDATE Economic Development Overview STAFF PRESENTER(S): Name 1. Alyssa Barrera 2. 3. OUTSIDE PRESENTER(S): Title/Position Business Liaison Department City Manager's Office Name Title/Position Organization 1. Roland Mower President & CEO CCREDC 2. David Spillane Principal Goody Clancy 3. BACKGROUND: This presentation is intended to begin conversations about the City's Economic Development Policies and Incentives. It includes review of current incentives, the Regional Economic Development Strategic Plan, Economic Development Funding, Plan CC and the Downtown Area Development Plan LIST OF SUPPORTING DOCUMENTS: PowerPoint — Economic Development Overview Council Presentation September 23, 2014 Economic Development Overview • Policy Statement • Current Incentives • Regional Economic Development Strategic Plan • Regional Economic Development Funding • Recent Strategic Planning Efforts • PIanCC & Downtown Area Development Plan Policy Statement Encourage Long-term Growth & Prosperity through Coordinated Public Initiatives to: • Diversify the City's Economy; • Attract Private Investment; • Increase Business Recruitment & Retention; • Attract Talent & Develop Workforce; • Improve Quality of Life Current Local Incentives • Development Services "One -Stop Shop" • Expedited Review & Development Fee Waivers • Business & Job Development Corporation • Development Agreements - Grants, Loans, Infrastructure, etc. • Tax Abatement & Tax Rebates (Chapters 312 & 380) • Industrial District Agreement • Tax Increment Financing • Public Improvement Districts • Freeport & Goods In Transit Exemptions Current State & Federal Incentives • Chapter 313 Tax Limitation (Local ISDs) • State Enterprise Zone Designation • Skills Development Fund (Del Mar) • Texas Enterprise Fund • Texas Emerging Technology Fund • Foreign Trade Zone (Port) Regional Economic Development Strategic Plan - Strategies 1. Continue Domestic & International Business Recruitment Efforts 2. Strengthen Region's Business Retention & Expansion (BRE) Program 3. Invest in Critical Infrastructure & Resources* 4. Broaden Region's Talent Pool of High & Middle -Skill Workers 5. Promote Downtown as Destination for New Investment, Employment & Housing* 6. Advance Research, Development, Innovation & Entrepreneurship 7. Utilize Appropriate Incentives to Encourage New & Re -Development* 8. Expand & Leverage the Region's Tourism Sector* 9. Support Missions of CCAD, NAS Corpus Christi & NAS Kingsville* 10. Sustain & Enhance Regional Economic Development Cooperation* * City of Corpus Christi has an Active Role Regional Economic Development Funding CCREDC 2014 Budget Revenues Private Sector 30%0 City of Corpus Christi 42% Port of Corpus Christi Other Gov't 21%0 7 % CCREDC 2015 Budget Revenues Private City of Sector Corpus 29% Christi 45% Port of Corpus Christi Other Gov't 20% 64 CCREDC Board of Directors Private Sector 41% City of Corpus Christi 35% Port of Other Corpus Gov't 12% Regional Economic Development Strategic Plan suggests City of Corpus Christi provide 1/3 CCREDC funding; additional 2/3 from other governmental entities & private sector. Recent Strategic Planning Efforts • Integrated Community Sustainability Plan (HDR, 2011) o Destination Nodes • NextGen Corpus Christi (Next Generation Consulting, 2012) o Attractive Downtown Key for Young Professionals • Regional Economic Development Strategic Plan (111' Strategies, 2014) o Multi -Organization Focus Suggestions • Regional Urban Design Assistance Team (AIA, 2014) o Suggestions for Harbor Bridge Area Plan CC Elements • Housing Market Potential & Housing Strategies • Commercial Market Potential & Strategies for Development • Economic Development Analysis & Strategies for Emerging Sectors & Workforce Development • Cost of Service for Land Use, Development Scenarios • Utility & Infrastructure Master Plans Review & Advice Corpus Christi Downtown Area Development Plan — Overview Schedule N LL N CL Sep Oct Nov Dec Jan Feb March Downtown Conditions and Opportunities Market Analysis Multimodal Transportation and Parking Analysis Goals & Strategies Framework Downtown Area Development Plan and Implementation Strategy Community Engagement (SUMMARY OF KEY ACTIVITIES) STAKEHOLDER INTERVIEWS DOWNTOWN PLANNING AND DESIGN CHARRETTE DRAFT PLAN PRESENTATIONS /REVIEW FINAL PLAN PRESENTATIONS KEY DELIVERABLES EXISTING CONDITIONS MARKET ASSESSMENT/ ASSESSMENT/ ISSUES/OPPORTUNITIES REVIEW OF MODELS/ / PRECEDENTS BARRIERS VISION FRAMEWORK PRELIMINARY IMPLEMENTATION/ INCENTIVE RECOMMENDATION FOR DISCUSSION (DOWNTOWN) DRAFT FINAL PLAN PLAN Sep Oct Nov Dec Jan Feb March 10