HomeMy WebLinkAboutAgenda Packet City Council - 07/08/2003CITY
COUNCIL
AGENDA
City of
Corpus
Christi*
July 8, 2003
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11
City of
Corpus
Christi*
July 8, 2003
1:45 P.M. - Proclamation declarinJuly 7 - 13, 2003 as "First United Methodist Church - Corpus
Christi Week"
AGENDA
CIOF CORPUS CHRISTI, TEXAS
EGULAR COUNCIL MEETING
CI HALL - COUNCIL CHAMBERS
1201 LEOPARD
July 8, 2003
12:00 P.M.
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 5:30 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. Yourpresentation will be !united to three minutes. If you have a petition or other information pertaining to your
subject, please present it to the City Secnaary.
Si ud. Desea dirigirse al Concilio y tree qua su ingl6s as limitado, habr8 un int€rprete ingles-espariol an 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»880-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Father Dennis Zerr, St. Patrick Catholic Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem Melody Cooper
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
E. MINUTES:
City Manager George K. Noe
Acting City Attorney R. Jay Reining
City Secretary Armando Chapa
Approval of Regular Meeting of June 24, 2003. (Attachment # 1)
Agenda
Regular Council Meeting
July 8, 2003
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
F. EXECUTIVE SESSION:
PUBLIC NOTICE is given
executive session at any t
any matters listed on the ac
the Open Meeting Act, Ch,
and that the City Council
session on the following m
into executive session re
sections of the Open Meal
will be publicly announced
the City Council may elect to go into
during the meeting in order to discuss
a, when authorized by the provisions of
r 551 of the Texas Government Code,
�ciffcally expects to go into executive
s. in the event the Council elects to go
ling an agenda item, the section or
Act authorizing the executive session
tie presiding office.
2. Executive Session under Texas Government Code Section
551.071 regarding CCMCAI Inc. A Texas Corporation vs. City of
Corpus Christi, Case No. C-03-170, in the United States District
Court for the Southern District of Texas, Corpus Christi Division,
with possible discussion and action in open session.
3. Executive session under Texas Government Code Section
551.071 regarding Jon Harwood, et al vs. City of Corpus Christi,
Cause No. 00-4149-G, in the 319"Judicial District Court, Nueces
County, Texas, with possible discussion and action in open
session.
G. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
4. * Corpus Christi Business and Job Development
Corporation
* Corpus Christi Convention and Visitors Bureau
* Planning Commission
H. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are
listed as motions, resolutions, or ordinances. If deemed
appropriate, the City Council will use a different method of
adoption from the one fisted; 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.
Agenda
Regular Council Meeting
July 8, 2003
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
The following items are 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 even the item or items will immediately be
withdrawn forindividual consideration,in its normal sequence afterthe items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will voteQn all motions, resolutions and ordinances not
removed for individual consideration)
5. Motion authorizing the City Manager or his designee to enter into
a contractwith Dynix Corporation which will provide hardware and
software maintenance for the Library's automated system.
Estimated expenditure for the first year of the three year contract
will be $62,819 of which the city's portion will be $39,966.
(Attachment # 5)
6. Motion approving a supply agreement with Pencco, Inc. of San
Felipe, Texas for approximately 435 tons of Hydrofluorosilicic
Acid in accordance with Bid Invitation No. BI -0108-03 based on
low bid for an estimated annual expenditure of $66,903 of which
$5,575.25 is for FY 2002-2003. The term of the contract will be
for twelve months with an option to extend for up to two additional
twelve-month periods subject to the approval of the supplier and
the City Manager or his designee. Funds have been budgeted by
the Water Department in FY 2002-2003. (Attachment # 6)
Agenda
Regular Council Meeting
July 8, 2003
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
7. Motion approving the purc
trucks in accordance with
following companies for ti
and low bid meeting s
$424,411.56. Nine units
addition to the fleet. Func
ase of eight heavy trucks and two light
id Invitation No. BI -0100-03 from the
following amounts based on low bid
�Icifications for a total amount of
re replacements and one unit is an
are available from the FY 2002-2003
Capital Outlay Fund. (Attachment # 7)
Crosstown Ford Sales, Inc. Champion Chevrolet
Corpus Christi, TX Corpus Christi, TX
2 Units 2 Units
$125,094 $44,504
Fleetpride Power Equipment Champion Ford
Corpus Christi, TX Corpus Christi, TX
1 Unit 5 Units
$51,838.56 $202,975
Grand Total - $424,411.56
8. Motion approving supply agreements with the following
companies for the following amounts in accordance with the
Coastal Bend Council of Governments Bid Invitation No. CBCOG-
03-4 for food items which linclude canned and frozen fruit and
vegetables, meats and condiments for an estimated six month
expenditure of $125,221.90 of which $10,435.15 is for FY 2002-
2003. The terms of the contracts shall be for six months with an
option 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 his designee. Funds have
been budgeted by Senior Community Services in FY 2002-2003.
(Attachment # 8)
Ben E. Keith
LaBatt Food Service
San Antonio,
TX Corpus Christi, TX
32 Items
75 Items
$15,741.37
$45,802.33
PFG
Sysco Food Service
Victoria, TX
San Antonio, TX
50 Items
19 Items
$53,921.96
$9,756.24
Grand Total - $125,221.90
Agenda
Regular Council Meeting
July 8, 2003
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
9. Motion approving a supply
LP of Austin, Texas in acc
Governments Bid Invitatio
pint containers of low fat m
submitted by the Coastal
estimated six month expel
is for FY 2002-2003. The
3reement with Borden Milk Products
dance with Coastal Bend Council of
No. CBCOG-03-5 for 151,800 half-
, based on the recommended award
snd Council of Governments for an
iture of $28,842 of which $2,403.50
rm of the agreement shall be for six
months with an option to extend for up to three additional months,
subject to the approval of the Coastal Bend Council of
Governments, the supplier and the City Manager or his designee.
Funds have been budgeted by Senior Community Services in FY
2002-2003. (Attachment # 9)
10. Resolution approving the substitution of a Debt Service Reserve
Fund Insurance Policy for funds in the Reserve Fund supporting
the outstanding City of Corpus Christi, Texas, Utility System
Revenue Bonds. (Attachment # 10)
11. Motion authorizing the City Manager or his designee to execute
a radio facility and tower lease agreement with KVOA
Communications, Inc. dba KRIS Communications for a five year
term estimated at $31,559 per yearfrom January 1, 2003 through
December 31, 2007 and fpr an optional extended term of five
years estimated at $36,414 per year from January 1, 2008
through December 31, 2012 for continued use as a
communications site to operate a public safety communications
system. (Attachment #11)
12. Resolution authorizing the City Manager or his designee to
execute an interlocal cooperation agreement with the Corpus
Christi Independent School!District in the amount of $162,036 for
the DARE and KIDS and COPS Curricula. (Attachment # 12)
13. Motion authorizing the City Manager or his designee to execute
a twelve-month software maintenance agreement with HTE, Inc.
of Lake Mary, Florida in an amount not to exceed $113,442.50.
Included in the maintenance agreement are the HTE modules for
Utilities Business Office, Central Cashiering, Accounts
Receivable, Collections, Development Services and Housing and
Community Development. (Attachment # 13)
Agenda
Regular Council Meeting
July 8, 2003
Page 6
14.a. Resolution authorizing the ity Manageror his designee to accept
a reimbursement grant from the Texas Commission for
Environmental Quality in the amount of $29,126 for mitigation
measures at the old Regio al Transportation Authority facility at
1024 Sam Rankin. (Attachment # 14)
14.b. Ordinance appropriating a 1$29,126 Reimbursement Grant from
the Texas Commission for Environmental Quality in the No. 1050
Federal/State Grants Fund for mitigation measures at the old
Regional Transportation Authority facility at 1024 Sam Rankin.
(Attachment # 14)
14.c. Motion authorizing the City Manager or his designee to execute
Amendment No. 9 in the amount of $29,126 with Applied Earth
Sciences, Inc. of Corpus Christi, Texas for mitigation services
associated with a removed underground fuel storage tank.
(Attachment # 14)
15. Motion authorizing the City Manager or his designee to execute
Amendment No. 11 to an engineering services agreement with
MEI Govind, Inc. of Corpus Christi, Texas in the amount of
$639,621 for the Broadway Wastewater Treatment Plant
Diversion Project 36"/48" Diameter Gravity Line and Lift Station.
(Attachment # 15)
16.a. Ordinance appropriating $30,485 in unappropriated interest
earnings from the Water Capital Improvement Program Fund No.
4081 (1994 Revenue Bond)Iforarchitectural revisions to the multi-
purpose arena; amending the Capital Budget adopted by
Ordinance No. 025144 to increase appropriations by $30,485.
(Attachment # 16)
16.b. Motion authorizing the City Manager or his designee to execute
Change Order No. 2 for the Multi -Purpose Arena in the amount
of $121,118 with Fulton Coastcon, Joint Venture of Corpus
Christi, Texas for architectural revisions including masonry,
plumbing, water main, fire hydrants, electrical, mechanical,
structural steel, telecomMunications, fire standpipes, fire
protection and solid plastic toilet partitions. (Attachment # 16)
17. Motion authorizing the City Manager or his designee to execute
a construction contract with KGS Electric Company of Victoria,
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
July 8, 2003
Page 7
Texas in the amount of $2 39,727 for the Youth Outdoor Sports
Facilities Lighting Improvement, Phase 2 at the following
locations: South Guth Park Evelyn Price Park; and Bill Witt Park.
(BOND ISSUE 2000) (Attachment # 17)
18.a. Ordinance appropriating61,382 in unappropriated interest
earnings from Water Capital Improvement Program Fund No.
4081 (1994 Revenue Bond) for the O. N. Stevens Water
Treatment Plant Wash Water System, Phase 3 Elevated Tank;
amending Capital Budget adopted by Ordinance No. 025144 to
increase appropriations by 1$461,382. (Attachment# 18)
18.b. Motion authorizing the Cityi, Manager or his designee to execute
a construction contract with PittsburgTank&Tower Co.,Elevated
Division, Inc. of Sebree, Ke tucky in the amount of $461,382 for
the O.N. Stevens Water Trteatment Plant Wash Water System,
Phase 3 Elevated Tank. (Attachment # 18)
19. Motion authorizing the City', Manager or his designee to execute
a construction contract with Cash Construction Company, Ltd.
from Pflugerville, Texas in the amount of $2,579,910 for the
McArdle Road Improvements, Phase 3 from Everhart Road to
Holmes Drive (BOND ISSUE 2000 Project No. C-6) and for
Intersection Approach Improvements at the following sites: South
Staples at Everhart and Airline at South Padre Island Drive).
(BOND ISSUE 2000 PROJECT NO. C-11) (Attachment # 19)
20.a. Ordinance appropriating $124,785 in unappropriated interest
earnings from the Water Capital Improvement Fund No. 4081
(1994 Revenue Bond) for the Texas Department of
Transportation Highway 44 Clarkwood Bypass - Utility
Adjustments and New Casing Locations; amending Capital
Budget adopted by Ordinance No. 025144 to increase
appropriations by $124,785. (Attachment # 20)
20.b. Motion authorizing the City Manager or his designee to execute
Amendment No. 3 to an engineering services agreement for the
Southside Water Transmission Main with Urban Engineering of
Corpus Christi, Texas in the amount of $158,580 for the Texas
Department of Transportation Highway 44 Clarkwood Bypass -
Utility Adjustments and NewCasingLocations. (Attachment#20)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
July 8, 2003
Page 8
21. Motion authorizing the City
a contract in the amount o
and Torno, Inc. of Corpus C
for the Corpus Christi Int
Project. (Attachment # 21)
Manager or his designee to execute
$58,250 with Bennett, Martin, Solka
iristi. Texas for architectural services
Airport Covered Parking
22.a. Ordinance appropriating 3119,790 in unappropriated interest
earnings from the Water Capital Improvement Program Fund No.
4082 (1995 Revenue Bond) for construction management
services for various capital i provement projects associated with
the 2003 Capital Budget; amending the Capital Budget adopted
by Ordinance No. 025114 to increase appropriations by
$119,790. (Attachment # �2)
22.b. Motion authorizing the City!,Manager or his designee to execute
Amendment No. 1 for construction management services in the
amount of $187,200 with Anderson Group Construction
Management, Inc. of Corpus Christi, Texas for various capital
improvement projects associated with the 2003 Capital Budget.
(Attachment # 22)
23. Ordinance appropriating $45,000 from the reserve for golf course
design in Golf Fund 4690 for improvements to Gabe Lozano, Sr.
Golf Course and the Oso Beach Municipal Golf Course;
amending Ordinance No. 024974 which adopted the FY 2002-
2003 Operating Budget by increasing appropriations by $45,000.
(Attachment # 23)
J. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
24. Texas Department of Transportation, Harbor Bridge Decorative
Lighting (No Attachment)
25. Texas Department of Transportation, Hurricane Evacuation
Transportation Operations (Attachment # 25)
26. City Council Audit Committee findings and recommendations
regarding fiscal issues. (Attachment # 26)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
July 8, 2003
Page 9
K.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
27. Overview of the proposFY 2003-2004 Special Revenue,
Internal Service and Debt Service Funds Budgets. (Attachment
#27)
L. PUBLIC HEARINGS: (2:00 P.M.)
PUBLIC HEARING ON PROPOSED BUDGET:
28. Proposed FY2003-2004 Operating Budget. (Attachment # 28)
ZONING CASES:
29. Case No. 0503-07, Texas'Pinkus Housing. L.P. : A change of
zoning from a 1-2" Light! Industrial District to "R-2" Multiple
Dwelling Districton Mid -Town Industrial District, Block2, Lot42R,
located between Bear Lane, Brownsville Road and South
Navigation Boulevard. (Request to Table for 9/12/03)
(Attachment # 29)
Planning Commission's Rgcommendation: Approval of a "R-2"
Multiple Dwelling District.
Staffs Recommendation: 'Denial of a "R-2" Multiple Dwelling
District.
30. Case No. 0503-06, Gene Graham/Oak Properties: A change of
zoning from a "R-113" One -family Dwelling District to a "RE"
Residential Estate District on Flour Bluff and Encinal Farm and
Garden Tracts, being 25.56 acres out of a 76.07 acre tract of Lots
29 through 32, Section 48„ located north of Don Patricio Road,
south of Meeks Road and east of Flour Bluff Drive. (Attachment
# 30)
Planning Commission and §tafrs Recommendation: Approval of
a "RE" Residential Estate District.
ORDINANCE
Amending the zoning ordinance upon application by Gene
Graham/Oak Properties by changing the zoning map in reference
to 25.56 acres of Flour Bluff and Encinal Farm and Garden
Agenda
Regular Council Meeting
July 8, 2003
Page 10
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
31.
Tracts, Section 48, Lots 0 through 32, from "R-1 B" One -Family
Dwelling District to "RE" Re idential Estate District; amending the
comprehensive plan to account for any deviations from the
existing comprehensive pion.
A change of zoning from a 1R-1 B" One -family Dwelling District to
a "B-1" Neighborhood Business District on Don Patricio
Subdivision, Block A, Lots 1, 2, 3, 50, 51 and 52 located on the
southwest corner of Don Patricio and Waldron Roads.
(Attachment # 31)
Planning Commission and staffs Recommendation: Approval of
a "B-1" Neighborhood Business District.
ORDINANCE
Amending the zoning ordinance upon application by Daniel J.
Thornton & Robert J. Thornton by changing the zoning map in
reference to Don Patricio Subdivision, Block A, Lots 1, 2, 3, 50,
51 and 52 from "R -1B" Ohe-Family Dwelling District to "B-1"
Neighborhood Business District; amending the comprehensive
plan to account for any deviations from the existing
comprehensive plan.
ZONING TEXT AMENDMENTS:
32. First Reading Ordinance - Amending the Zoning Ordinance by
revising Article 17, "B-5" Primary Business District, Article 18, "B-
6" Primary Business Core District, and Article 22, Off -Street
Parking Regulations. (Attachment # 32)
M.
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
33. Discussion and consideration of Charter Revision
election/process. (Attachment # 33)
34. Motion authorizing the negotiation of a one-year contract with four
one-year renewal options between the City of Corpus Christi and
Humana to provide excess stop loss insurance for the City's self-
funded health benefit plan. (Attachment # 34)
Agenda
Regular Council Meeting
July 8, 2003
Page 11
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
N.
TO ADDRESS THE
PLEASE SIGN THE
CHAMBER, GIVING
IF YOU PLAN
CIL DURING THIS TIME PERIOD,
AT THE REAR OF THE COUNCIL
NAME, ADDRESS AND TOPIC.
(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.)
Si usted se dirige a la junta y tree, qua su inglds es limdado, habrb un intbrprete
ingl6s-espanol en la reuni6n de 6 junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THEA UDIENCE SHALL BERA TE,
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.
O. REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff, reports of activities of individual Council members and Staff,•
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of fu#ure Council meetings and activities, and
other brief discussions regarding city -related matters.
35. CITY MANAGER'S REPORT
Upcoming Items
36. MAYOR'S UPDATE
37. COUNCIL AND OTHER REPORTS
Agenda
Regular Council Meeting
July 8, 2003
Page 12
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
P. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the C�tyso It ill bubulletin
to City Hall, 1201 Leopard Street,iat 11�'
Armando Chapa
City Secretary
2003.
NOTE: The City Council A9enda can be found on the City's Home
Page at www.cctexos.com after 7:00 p.m, on the Friday
before regularly sch duled council meetings. If technical
problems occur, thle agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
2001-2002
ITY COUNCIL GOALS
AND
PRIORITY ISSUES
• to I I OILI '
Airport / Seawall / o v nti enter Arena
• Continue quarterly reporting process for these initiatives.
'86 Bond Issue Improvements
• Update status on Senior Centers.
• Provide communication on completion of these projects (e.g. "Report to the Community").
• Continue community involvement on issues such as Leopard Street improvements.
Privatization / Re -Engineering
• Clearly define "privatization" and "re-engineering."
• Make decisions regarding privatization and re-engineering in the next 12-24 months, with
discussions within 90 days.
• Establish process to identify What services can and cannot be privatized.
• Continue focus on park maintenance.
Finance
• Maintain the 5 -year forecast model.
• Review the August 1 budget adoption deadline.
Crime Control and Prevention
• Continue implementation of the Community Policing initiative.
• Establish date for Crime Control and Prevention District election.
• Continue City participation in Youth Opportunities United and other youth crime initiatives.
Employee Health Care
• Address concerns related to employee compensation and benefits, including health insurance.
• Work to coordinate Police and Fire health benefits with those of other City employees
Economic Development Sales Taa
• Establish election date.
Storm, Water Utility
• Reconsider implementation plIm for a Storm Water Utility.
Packery Channel
• Continue quarterly reports on the progress of the TIF and Beach Restoration Project.
Landfill
• Continue to evaluate the efficiency and effectiveness of operations.
• Examine alternatives for solid waste management system, including privatization.
tern
• Continue regular updates and expansion of the City's web site, including individual council
member web pages.
• Establish target date for online permitting process.
• Communicate brush pickup via e-mail.
CDBG
• Continue active role.
Frost Bank Buildine
• Lease and complete renovation
Annexation Plan
• Implement current island annexation plan
ADA Transition Plan
• Develop and approve ADA Transition Plan within 90 days.
Redistrictinta
• Develop Council -approved redistricting plan for the City of Corpus Christi
Industrial District Contract
e Review Industrial District contracts and determine date for approval
Council Action Items
• Staff completes action requests in a timely manner.
City / County Health Issues
• Continue discussions with County to determine structure and process for the most effective
and efficient delivery of health services
Marketing of CC Museum and olum us hi s
• Continue to develop marketing plans for the Museum of Science and History and the
Columbus Fleet
Relationships with Other Go-*
Development Initiative Packs
*Park Rehabilitation
*Leopard Street Curbs and G
Economic Development Sum
Agnes -Laredo Corridor Mark
*Solid waste / Pickup
Base Closures
**Northwest Library
Northside Development Plan
Traffic Controls (channeling,
*Five Points Ambulance
Effluent Plan for Leopard Mt
RTA—Public Improvements
Arts and Sciences Park Plan
it and Post -Summit Meetings
(studies, plans)
Budget Item
** Capital Improvement Progtpm Item
on/off ramps on SPID)
NEW PRIORITY
City staff will develop mid present to
areas:
6 Desalination Pilot Project
•
AND ISSUES
Council action/implementation plans for the followingpriorlty
rl *Code Enforcement in Trashy Neighborhoods
*Employee Classification Study
Ma ster Drainage Plan
AGarwood Water
*New Golf Course
45� *Charter Revision with Specific Charge(s)
*More Funding for Economic Development
4# *Fire and Police Contracts
New Funding Sources / Plan for Inner City Improvements
Improve Permitting Process (online / customer service)
Padre Island Development Plan
�M'' Downtown / South Central Development Plan (marina, t -heads, breakwater)
Ll Housing Emphasis / Process (older neighborhoods, working class neighborhoods)
**Road Projects
Southside Traffic Plan
I
MINUTES
CIT`P OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
June 24, 2003 - 2:04 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Henry Garrett
Council Members:
Brent Chesney
Javier D. Colmenero
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
ABSENT
Council Member:
Melody Cooper
City Staff:
City Manager George K. Noe
Acting City Attorney R. Jay Reining
City Secretary Armando Chapa
Recording Secretary Rebecca Huerta
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Council Member Chesney and the Pledge of Allegiance to the United
States flag was led by Boy Scout Troop #22. City Secretary Chapa called the roll and verified that
the necessary quorum of the Council and the required charter officers were present to conduct the
meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of June 17,
2003. A motion was made and passed to approve the minutes as presented.
*************
Mayor Neal called for consideration of the consent agenda (Items 2-20). City Secretary
Chapa stated that Council Member Noyola was abstaining from the discussion and vote on Items
6 and 18. Council members requested that Items 3, 8, 11 and 19 be discussed. There were no
comments from the audience. A motion was made and passed to approve Items 2 through 20,
constituting the consent agenda, except for Items 3, 8, 11 and 19, which were pulled for individual
consideration. City Secretary Chapa polled the Council for their votes and the following items
passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye"; Cooper was absent (NOTE: Noyola abstained on items 6 and 18; an emergency
was declared on items 4b, 5, 7b, 13a, 14b, 15b, 17, and 18).
MOTION NO. 2003-217
Motion setting a Public Hearing on the Proposed FY2003-2004 Operating Budget during the
Regular Council Meeting of July 8, 2003.
4.a. RESOLUTION NO. 025344
Resolution authorizing the CityManager or his designee to execute Amendment No. 1 to the
contract with the Texas State Library and Archives Commission for a grant increase of
Minutes - Regular Council Meeting
June 24, 2003 - Page 2
$5,114 to augment funds to purchase new computer, upgrade software, and to continue
operations of the Inter-lib¢ary Loan Center.
4.b. ORDINANCE NO. 025345
Ordinance appropriating an additional $5,114 grant from the Texas State Library and
Archives Commission in ;the No. 1050 Federal/State Grants Fund to augment funds to
purchase new computer, upgrade software and operation of the Inter -Library Loan Center.
ORDINANCE NO. 025346
Ordinance appropriating $12,936.30 in the No. 4720 Community Enrichment Fund for Bay
Jammin' Concerts and Multicultural Programming.
6. MOTION NO. 2003-219
Motion authorizing the City Manager or his designee to execute Amendment No. 4 in an
amount not to exceed $165,400 with Anderson Group Construction Management, Inc. of
Corpus Christi, Texas to extend construction management, project liaison and inspection
services for the Corpus Christi International Airport through November 2003.
7.a. RESOLUTION NO. 025347
Resolution authorizing the City Manager or his designee to accept $40,000 from the Corpus
Christi Beach Association for the Corpus Christi Beach Boardwalk Project.
7.b. ORDINANCE NO. 025348
Ordinance appropriating $40,000 from the Corpus Christi Beach Association in the No. 1050
Federal/State Grants Fund for the Corpus Christi Beach Boardwalk Project.
9. RESOLUTION NO.025350
Resolution authorizing the City Manager or his designee, to execute and Advanced Funding
Agreement with the Texas Department of Transportation for preliminary engineering and
bridge construction associated with the following Bridge Replacement Projects: Wooldridge
Road, Kingsbury Lane and Lexington Road.
10. MOTION NO. 2003-221
Motion authorizing the City Manager or his designee to execute a construction contract with
McAllen Construction, Inc. of McAllen, Texas in the amount of $309,500 for the Kinney
Street Storm Water Pump Stations.
12. MOTION NO. 2003-223
Motion authorizing the City Manager or his designee to execute a contract to be activated
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Minutes - Regular Council Meeti�g
June 24, 2003 - Page 3
only in the event of a hu*ane or other disaster with D & J Enterprises, Inc. of Auburn,
Alabama for DebrisManagement: Clearing, Removal and Disposal for Post
Hurricane/Disaster Recovery Operations.
13.a. ORDINANCE NO. 0253511
Ordinance appropriating $187,484 in unappropriated interest earnings from the Water
Capital Improvement Program Fund No. 4081 (1994 Revenue Bond) for Park Road 22, 12"
Waterline Relocation; amending Capital Budget adopted by Ordinance No. 025144 to
increase appropriations by $187,484.
13.b. MOTION NO. 2003-224
Motion authorizing the City Manager or his designee to execute an emergency procurement
with Berry Contracting, LP dba Bay Ltd. of Corpus Christi, Texas in the amount of $187,484
for the Park Road 22, 12" Waterline Relocation.
14.a. MOTION NO. 2003-225
Motion approving the reimbursement application submitted by ONAC Developers, Inc.,
owner and developer of Bordeaux Place Unit 1 Subdivision, (who has completed
construction of the full street), for reimbursement of developer's contribution for in lieu of
half street construction of'Brockhampton Street as was required by the development of
Bordeaux Place Unit 1 Subdivision and approved by City Council Ordinance No. 024769
on February 19, 2002.
14.b. ORDINANCE NO. NO. 025358
Ordinance appropriating $2,890 from the Infrastructure Fund, Brockhampton Street
Subaccount No. 4730-21654-263037, to pay ONAC Developers, Inc. request for
reimbursement in accordance with the Platting Ordinance, to fund construction of half street
(with supporting public utility infrastructure) required by development of Bordeaux Place
Unit 1 Subdivision, said construction having previously been deferred for cash in lieu of
construction during platting.
15.a. MOTION NO. 2003-226
Motion approving the reimbursement application submitted by Marsha Jill Kovar, owner and
developer of Noakes Partition, Lot 3, Block 2 for the installation of 300 linear feet of a 8 -
inch PVC water distribution main.
15.b. ORDINANCE NO. 025353
Ordinance appropriating $5,403 from the Water Arterial Transmission and Grid Main Trust
Fund No. 4030-209010 to pay developer reimbursement request for the installation of 300
linear feet of 8 -inch PVC water distribution main to develop Noakes Partition, Lot 3, Block
2.
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Minutes - Regular Council Meeting
June 24, 2003 - Page 4
16. MOTION NO. 2003-227
Motion authorizing the City Manager or his designee to execute Amendment No. 12 to the
engineering services contract with Shiner, Moseley & Associates of Corpus Christi, Texas
in the amount of $158,154 for the Seawall Reconstruction Project Major Storm Water
Outfall Condition Assessment (Phasel).
17. ORDINANCE NO. 025354
Ordinance amending Section 9-37 of the Code of Ordinances relating to the consumption of
alcoholic beverages upon the property of the Corpus Christi International Airport; providing
for penalties.
18. ORDINANCE NO. 025355
Ordinance appropriating $11,467.84 in unappropriated interest earnings in Airport 1992
Capital Improvement Program Fund No. 3023 for the Airport Terminal Project; amending
FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations
by $11,467.84.
20. ORDINANCE NO. 025356
Second Reading Ordinance - Authorizing the City Manager or his designee to amend an
existing five-year lease with Texas A & M University Corpus Christi for the use of the area
located adjacent to the northern most hobie cat launching ramp on North Beach and the area
located on the north side of Ocean Drive right-of-way on Ward Island to extend the term of
the lease to five years following the effective date of the lease and to include the use of a part
of the area east of the public parking lot described as Padre Island - Corpus Christi, Section
A, a subdivision of Padre Island, Nueces County, Texas as shown by map or plat thereof
recorded in Volume 33, page 97, in consideration for the installation and operation of two
CODAR Radio Towers and providing for the maintenance of the premises. (First Reading -
05/27/03)
Mayor Neal opened discussion on item 3 regarding a supply agreement for mosquito
insecticide. Council Member Kelly asked if the insecticide being purchased was an upgrade from
last year's program. Mr. Michael Barrera, Director of Materials Management, answered that staff
would be following the same program and using the same insecticide because they felt it had proven
to be very effective in reducing the mosquito population. He said that the one change from last year
was that staff was purchasing the insecticide on an annual contract so that it would be readily
available when needed, instead of having to come to the Council or make an emergency purchase
each time the chemical was needed.
Council Member Kelly asked if staff was making any effort to strengthen the program since
mosquitoes have been confirmed to carry St. Louis encephalitis once again this year. Dr. Ardys
Boostrom, Acting Director of Public Health, said that staff did not feel that the program needed to
be upgraded. Council Member Kelly asked if staff was satisfied with the results from last year's
program. Dr. Boostrom replied affirmatively. Mr. Jorge Cruz-Aedo, Assistant City Manager, added
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Minutes - Regular Council Meeting
June 24, 2003 - Page 5
that the vast majority of the purr
effective insecticide available for
to ensure the best possible protecti
impossible. Council Member Kel
trucks was sufficient to distribute
levels of staffing and equipment to
on parafocal spraying, focusing on
Once viruses are confirmed beyon
key. City Manager Noe comments
what they can do to protect thems
lase was for an insecticide called Scourge, the best and most
ombating mosquitoes. He said that staff was sparing no effort
n for the community, recognizing that mosquito eradication was
y asked if staff was satisfied that the fleet of mosquito spraying
to spray. Dr. Boostrom replied that staff felt they had adequate
administer the program. She added that the program would focus
he areas with confirmed reports of disease -carrying mosquitoes.
a 20 to 30 mile radius, she said that personal protection becomes
I that additional efforts would be made to educate the public on
Assistant City Manager C Aedo added that mosquito spraying was only one aspect of the
program. He said that the most effective part of the program was the larvicide program, which
attacked the mosquitos at the larya stage, especially in the city's storm water system. Even with
these efforts, Mr. Cruz-Aedo cautioned the public that personal protection was essential to ensure
their safety. He said the Health department was promoting the public's use of the four "D"s:
avoiding outside exposure at DUSK or DAWN, using DEET, wearing proper DRESS and
maintaining good DRAINAGE.
Council Member Kelly asked if the city kept track ofthe mosquito population. Dr. Boostrom
replied affirmatively, saying that different two surveillance methodologies were being used. Council
Member Kelly asked if the mosquito population was effectively being reduced. Dr. Boostrom
replied affirmatively.
Council Member Noyola commented that the insecticide was quite expensive. Dr. Boostrom
agreed, but said it was highly effective and environmentally friendly. Mr. Noyola asked how long
the product would last. Dr. Boostrom replied that the proposed five -drum purchase would last
through the first week of August 2003. In response to Council Member Kinnison's question, Dr.
Boostrom said that staff was planning to make public service announcements on personal protection
tips. Council Member Colmenero asked if the price for the insecticide was locked in at this price
or if it was volatile. Mr. Barrera replied that the price was volatile because the demand has
increased for the product, and that the contract would lock the price in until the first of January.
City Secretary Chapa polled the Council for their votes, and the following ordinance passed
with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye"; Cooper was absent.
3. MOTION NO. 2003-218
Motion approving a supply agreement with B&G Chemicals & Equipment Co., Inc. of
Houston, Texas for mosquito insecticide for an estimated annual expenditure of $304,944.75,
of which $101,648.25 is for FY 2002-2003. The term of the supply agreement will be for
twelve months with an option to extend the contract for up to two additional twelve month
periods subject to the approval of the supplier and the City Manager or his designee. The
insecticide will be used by the Vector Control Division of the Health Department. Funds
have been budgeted by the Health Department in FY2002-2003.
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Minutes - Regular Council Meeting
June 24, 2003 - Page 6
Mayor Neal opened discussion on item 8 regarding utility service assessments. Mayor Neal
asked for more information on this item. City Engineer Angel Escobar explained that this item was
geared to determine whether current utilities required any improvements and to determine the cost
of the improvements to prepare for any proposed economic development in the city. Mayor Neal
asked if this new development was being coordinated by the 4A board, otherwise known as the
Corpus Christi Business and Job Development Corporation. City Manager Noe replied
affirmatively. Mayor Neal asked Why these utility needs were being paid from the water fund rather
than from the 4A fund. Mr. Kevin Stowers, Assistant Director of Engineering Services, replied that
the rationale was that the water and wastewater departments would need to have the appropriate
infrastructure in place to providle support for these large commercial developments as their
customers. Council Member Kinnison asked if any projects had already been identified for
development or if the funds would be used on an as needed basis. City Engineer Escobar replied
that the projects would be identified through the Economic Development Office headed by Mark
McDaniel, and that the funds would be used as needed. City Manager Noe added that the intent was
to allow the city to respond more quickly to meet the needs of potential prospects.
City Secretary Chapa polled the Council for their votes, and the following items passed with
the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye"; Cooper was absent. (NOTE: An emergency was declared for item 8a)
8.a. ORDINANCE NO. 025349
Ordinance appropriating $75,000 in unappropriated interest earnings from the Water Capital
Improvement Program Fund No. 4080 for engineering assistance to evaluate utility needs
for development proposals submitted to the Corpus Christi Business and Job Development
Corporation; amending Capital Budget adopted by Ordinance No. 025144 to increase
appropriations by $75,000.
8.b. MOTION NO. 2003-220
Motion authorizing the City Manager or his designee to execute and engineering services
contract in an amount not to exceed $150,000 with MEI Govind, Inc. of Corpus Christi,
Texas for utility service assessments to support initiatives associated with Corpus Christi
Economic and Job Development Board.
Mayor Neal opened discussion on item 1 I regarding a contract for the disposal of hazardous
waste during a hurricane. Council Member Kinnison stated that he understood that this contract was
a contingency only. He noted that the budget did not include the costs associated with this item.
However, he asked staff to confirm that in the event of a hurricane, the event would be eligible for
FEMA reimbursement for 75 percent, and the remainder would be funded through the reserve fund.
Staff confirmed that this was the case. City Secretary Chapa polled the Council for their votes, and
the following motion passed with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly,
Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent.
11. MOTION NO. 2003-222
Motion authorizing the City Manager or his designee to execute a contract to be activated
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Minutes - Regular Council Meeting
June 24, 2003 - Page 7
only in the event of a hurriane or other disaster with Ash Britt Environmental of Pompano
Beach, Florida in the amount of $1,151,892 for the Collection Characterization and Disposal
of Hazardous Waste during Post Hurricane/ Disaster Recovery Operations.
Mayor Neal opened discussion on Item 19 regarding the FY 2001 Consolidated Plan.
Council Member Kinnison stated that it appeared that approximately $73,000 in funds had been
released as a result of this item, and he asked when the funds were scheduled to be reprogrammed
and used on another project. Ms. Mary Dominguez, Director ofNeighborhood Services, replied that
staff was actually trying to get this project back on track so the full funding would be utilized. In
response to Mr. Kinnison's question, Ms. Dominguez replied that the Ballet Nacional had committed
$13,900 of their own funding in addition to the approved CDBG funding. Mr. Kinnison noted that
the Ballet Nacional would not rehabilitating the building in the Port area as proposed, but was
instead going to carry out the project at their dance studio at 4411 Gollihar. City Manager Noe
added that staff was going to bring a reprogramming request to Council within the next month
consisting of unanticipated funds that were generated last year.
Mayor Neal asked whether the Gollihar area was eligible for CDBG funding. Ms.
Dominguez replied that it was ineligible, but the Ballet Nacional could meet the national objective
of 51 percent of low to moderate income participants by providing income information on the
individuals using the facility. Mayor Neal asked if staff would obtain this information before the
appropriation. Ms. Dominguez replied affirmatively. Council Member Noyola asked what the
consequences would be if they did not meet the 51 percent. Ms. Dominguez replied that the city
would not release the funding if they did not meet the 51 percent. Council Member Kinnison asked
if the project would have to maintain that usage over the life of the project. Ms. Dominguez replied
that they would only have to maintain the usage over approximately 10 to 15 years because the
funding was being used to rehabilitate the building. Council Member Kinnison asked if staff was
prepared to monitor their compliance with this usage level. Ms. Dominguez replied that staff would
be evaluating their usage on an annual basis.
Mayor Neal asked what would happen if the group rehabilitated the building and then moved
out. Ms. Dominguez replied that the contract would require the group to reimburse the city for a
prorated amount. In response to Mayor Neal's question, Ms. Dominguez said that the contract
would ensure that the city would not lose its funding over a short period of time. She added that
many of the participants were children who were low-income and lived in some of the more
economically distressed areas in the city. Council Member Noyola expressed his concern that the
city was going to have spend resources to ensure that the project was in compliance. City Manager
Noe added that the reason the issue was coming before the Council because it was a change from
the previous agreement. He said it was at the Council's discretion whether or not to approve the
project. He noted that staff has negotiated the best deal for the city to move the project forward with
the right kind of guarantees from the group, but there was a higher level of risk than with the first
alternative.
Council Member Colmenero asked if this was an atypical project in that it was combining
private and public sector funds. Ms. Dominguez replied that most applicants have to make some
type of commitment to obtain the funding for their project. Mr. Noe added that there have been
some projects in the recreation areas where staff relied on the percentage of participants as opposed
to the solely the area, and that it was not an unusual project in this respect.
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Minutes - Regular Council Meeting
June 24, 2003 - Page 8
Council Member Scott asked if the Black Foundation had pulled out of this project. Ms.
Dominguez confirmed that they had pulled out of the project because they could not commit to a
fifteen -year lease. Council Member Scott expressed his concern that the Black Foundation was no
longer involved because he had based his decision to approve the project on their involvement.
City Secretary Chapa polled the Council for their votes, and the following motion passed
with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Scott, voting
"Aye"; Noyola voting "No"; Cooper was absent.
19.a. MOTION NO. 2003-228
Motion authorizing the City Manager or his designee to amend the FY 2001 Consolidated
Annual Action Plan.
19.b. MOTION NO. 2003-229
Motion authorizing the City Manager or his designee to execute an agreement with Ballet
Nacional for improvements to the facility at 4411 Gollihar Road.
*************
Mayor Neal deviated from the agenda and referred to item 23, a presentation on the July 4's
Big Bang Celebration. Ms. Diana Z. Garza, Assistant to the Mayor, provided a report on the
scheduled events. She noted that the time for the parade was being moved to 6:00 p.m. to better
cope with the heat. She introduced Ms. Debbie Lindsey -Opel with H -E -B, Mr. Steve Hinneman
with the Buccaraders Parade organization and Ms. Pat Eldridge with the Junior League, who would
be providing more detailed reports on each of the events. Mr. Hinneman reported on the 4' of July
Stars and Stripes parade. Ms. Lindsey -Opel reported on H -E -B's coordination of an All -America
City essay contest, the 16' Annual Fireworks display, and the Children's Area. Finally, Ms.
Eldridge reported on the Junior League's coordination of a Biergarten, with the proceeds going
towards several community projects. Finally, Ms. Garza noted that Whataburger has sponsored the
t -shirts for this event.
*************
Mayor Neal referred to Item 21, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0503-04, Flint Dills Resources, L.P.: A change of zoning from a "R-113" One -
family Dwelling District and "A-1" Apartment House District to a `B -I" Neighborhood
Business District on Nueces Bay Heights, Block 22, Lots 1 through 20, located between
Nueces Bay Boulevard and Floral Street and between Hulbirt and Noakes Streets.
City Secretary Chapa said the Planning Commission and staff recommended the denial of
the `B-1" District, and in lieu thereof, approval of a Special Permit for a temporary off-street parking
lot. No one appeared in opposition to the zoning change. Mr. Noyola made a motion to close the
public hearing, seconded by Mr. Chesney, and pagsed. Mr. Chapa polled the Council for their votes
Minutes - Regular Council Meeting
June 24, 2003 - Page 9
as follows:
21. ORDINANCE NO. 0253517
Amending the zoning ordinance upon application by Flint Hills Resources, LP, by changing
the zoning map in reference to Nueces Bay Heights, Block 22, Lots 1 through 20, (currently
zoned "R -1B" One-famil Dwelling District and "A-1" Apartment House District) by
granting a special permit for a temporary off-street parking lot subject to a site plan and
seven (7) conditions; ame�ding the Comprehensive Plan to account for any deviations from
the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed by the following vote:
Neal, Chesney, Colmenefo, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye";
Cooper was absent.
Mayor Neal referred to Item 22, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0503-05, Robert A. May: A change of zoning from a "A-1" Apartment House
District to a `134" General Business District on Flour Bluff and Encinal Farm and Garden
Tracts, being 1.435 acres out of Lot 12, Section 28, located east of Lexington Road and
approximately 250 feet south of South Padre Island Drive.
City Secretary Chapa said the Planning Commission and staff recommended the approval
of the `B-4" General Business District. No one appeared in opposition to the zoning change. Mr.
Garrett made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr.
Chapa polled the Council for their votes as follows:
22. ORDINANCE NO. 025358
Amending the zoning ordinance upon application by Robert A. May by changing the zoning
map in reference to 1.435 acres out of Flour Bluff and Encinal Farm and Garden Tracts,
Section 28, Lot 12, from "A-1" Apartment House District to "134" General Business
District; amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
An emergency was declared, and the foregoing motion passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was
absent.
*************
Mayor Neal referred to the presentations on the day's agenda. The first presentation was
regarding the proposed Padre Island desalination plant. Assistant City Manager Ron Massey stated
that the purpose of today's presentation was to receive the report from Carollo Engineers on the
feasibility study for the desalination plant. He introduced Mr. John Heckler with Carollo Engineers,
who would be making the presentation.
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Minutes - Regular Council Meeting
June 24, 2003 - Page 10
Mr. Heckler said that the presentation would reveal the key findings and recommendations
from the assessment for Stage 1 of this project. First, he stated that the Chicot Aquifer was the
recommended water source because it was the lowest -cost water source evaluated. Second, he stated
that concerns about subsidence and groundwater pumping could be addressed by proper design of
the source water well field. Third, he said that the preferred method for by-product disposal would
be deep -well injection. Fourth, he stated that aquifer storage and recovery (ASR) appears to be a
feasible, cost effective means of optimizing the project. Fifth, he said that the project could be
permitted, but the process would take approximately 15 months. Finally, Mr. Heckler stated that
staff has determined that there was considerable resident interest in the ASR and desalination
projects, and support for the system improvements to accommodate growth and improve pressure
on Padre Island.
Next, Mr. Heckler covered the preferred siting for each of the facilities. He said that the
preferred location for the reverse osmosis (RO) facility would be the current site of the Padre Island
Pump Station. The RO facility would share the property with this existing pump station. Mr.
Heckler stated that the preferred site for the ASR well location was near Nueces County Padre Balli
Park. Finally, the preferred location for the source well was the city -leased General Land Office
(GLO) land at Packery Channel. He also reported on an alternate site for the ASR well located near
mid -Mustang Island and an alternate site for the RO facility located at the Nueces County Pumping
Station.
Mr. Heckler then described the elements of the recommended projects. He said that the
project would have a 3.0-mgd (million gallons per day) capacity, with two components. First, the
1.0-mgd RO facility that would supply water to the ASR system with a pump -back capability of 2.0-
mgd. This design would allow for a supplemental water supply during periods of high demand. He
reiterated that the by-product disposal would occur via deep -well injection. He added that site work
and transmission piping would be needed to connect each element together and into the existing
distribution system. Finally, Mr. Heckler stated that there were some necessary upgrades to the
existing Padre Island Pump Station so that it could operate in concert with the ASR system. He said
that the total estimated cost for the project was $23.2 million including contingencies. He noted
that this amount was subject to verification and refinements based on the results of hydrogeologic
and water quality testing program. He clarified that today's recommendations were the result of a
paper study in the assessment. To move forward, the study would require a higher degree of detail
with regard to the design of the facilities.
Mr. Heckler reviewed a number of charts providing data on the average and maximum day
demands for water on an annual basis. He commented that he was providing this data to inform the
Council on the amount of time they may have to make a decision on the Island's water supply needs.
Based on this data, Mr. Heckler stated that it appeared that roughly around the year 2005, the water
supply to Padre Island via the Laguna Madre pipeline could not meet the maximum day demand.
For this reason, Mr. Heckler explained that staff was recommending a system with a 3.0-mgd
capacity because it would meet the Island's maximum water supply needs up until about 2012.
Next, Mr. Heckler reviewed cost estimates for the new RO water. He noted that the most
costly element of this project was the RO process. He stated that the estimates included the costs
for the incremental expansion of the RO facility from 1.0-mgd to 5.0-mgd. At 1.0-mgd capacity,
Mr. Heckler explained that the cost per 1,000 gallons of water would be approximately $4.47. At
Minutes - Regular Council Meeti ig
June 24, 2003 - Page 11
5.0-mgd capacity, the cost per 1,00 gallons would drop to approximately $2.08, primarily because
of the improved economies of scale.
Council Member
Mr. Heckler estimated that the
minimum or more. Mr. Andrew
that the Chicot Aquifer did not h;
that the aquifer would be recharg
Member Kinnison asked why d
replied that the estimates were p
the cost included were more tow
asked what type of useful life this project would have overall.
eject would have a useful life of approximately 20 years at a
tastain-Howley, a member of the Carollo Engineer team, added
a specific limit on the amount of water extracted. He explained
upstream to the west and also through the ASR process. Council
cost estimates were ±30 percent, a wide range. Mr. Heckler
iminary since the project was still in the assessment phase, and
the plus side. He said that staff included this amount to account
for unknown contingencies. Mr. Kinnison asked what the city was currently charging per 1,000
gallons. Mr. Ed Garafia, Water Superintendent, estimated that the city was charging $1.50 to $1.70
per 1,000 gallons, including raw water costs.
Council Member Scott asked if the Chicot Aquifer would be able to support a 10.0-mgd
facility in the future. Mr. Chastain -Howley replied affirmatively, but said it would depend on
several factors, including space. lie explained that the more water extracted, the more space you
would need for storage. He said that the Stage 2 demonstration project would determine exactly
what the space needs would be. Regarding the preferred locations, he asked if the source well
location would be directly across from Packery Channel. Assistant City Manager Massey replied
affirmatively. Mr. Scott expressed his concern that the Packery Channel area was a potential resort
site, and he did not want the source well to detract from the ambience. Assistant City Manager
Massey said that the well would not be a problem. Regarding the preferred ASR location, Mr. Scott
asked what type of impact this facility would have on future development in the area. Mr. Heckler
said that staff did not believe that the facilities would be detrimental to development, and they were
sited accordingly. Mr. Scott again expressed his concern that the facilities were being sited across
from potentially valuable property. He asked if the ASR facility was a visible structure. Mr.
Chastain -Howley replied that the facility was underground. Mr. Scott asked if the initial estimates
had been $10 million. Mr. Massey replied that the estimate assumed what the quality of water
would be coming out of the ground prior to the study by Carollo. Mr. Heckler added that the $23
million estimate includes 30 percent for contingencies.
Council Member Colmenero commented that he was intrigued by the horizontal drilling
procedure, because it appeared it would be less noticeable on the surface and it could be easily
relocated if needed to minimize conflicts with development. Mr. Heckler agreed, adding that it
would also minimize sedimentation.
Mayor Neal asked if the equipment needed to treat gulf water as substantially different from
the equipment used to treat brackish water. Mr. Heckler replied that the equipment was the same
but the membranes would be different. Other considerations were that the city would need to obtain
a permit and a discharge line leading to the Gulf may need to be in place to dispose of brine reject
from the plant. Mayor Neal noted that the Governor's Desalination Initiative was tailored for a large
scale plant desalinating gulf water. He commented that this type of plant was significantly more
expensive to build and operate compared to the city's proposed project. He stated that Corpus
Christi was in a position to set the bar on the Gulf Coast for desalinated water use by its residents.
Minutes - Regular Council Meeting
June 24, 2003 - Page 12
Under the implementation plan key features, Mr. Heckler explained that immediate
improvements would need to be made to the existing pump station. He also recommended splitting
the RO, ASR and permitting into three parallel tracks to maximize the city's decision-making
flexibility. Most importantly, Mr. Heckler suggested that staff develop comparable cost estimates
for other supplemental supply alternatives, such as a pipeline. Finally, he recommended a follow-up
assessment of the applicability of ASR throughout the city to determine any cost savings.
Mr. Heckler reviewed the time line for the Stage 2 schedule and for the next steps needed.
He noted that around June 2004, the decision point on whether or not to proceed with reverse
osmosis would be reached. By November 2004, the ASR recharge operations would be scheduled
to begin, and by December 2005, the initial production phase would be completed. He stressed that
if the Council decided to proceed with reverse osmosis, it would take 30 months after the approval
date to complete the RO design, bid and contract awards.
Council Member Garrett asked if there were any source well sites planned for the Flour Bluff
area. Mr. Heckler responded negatively. Mr. Garrett asked how big the RO building was planned
to be. Mr. Heckler replied that it would be a two-story, commercial building with approximately
14,000 to 15,000 square feet. Mr. Massey added that the building would be nicely landscaped and
fit in with the architecture, similar to the Whitecap Wastewater Plant. Council Member Scott asked
about the durability of the facilities in the event of a hurricane or flooding. Mr. Heckler responded
that the facilities were designed to resist these types of natural disasters. In reply to Mr. Scott's
question, City Manager Noe said that the 24 -inch pipeline currently serving Padre Island was
antiquated and would be unable to provide the main supply source, considering the potential for
long-term development on the island. With or without the desal project, Mr. Noe said that the city
needed to move forward with the permitting for the Southside transmission line. Mr. Heckler added
that certain elements of the assessment will benefit either supply decision, for the pipeline or ASR.
In response to Mr. Scott's question, Mr. Massey stated that the decision to proceed with the ASR
project would need to be made in early 2004.
Council Member Kinnison expressed his concern that it appeared that the city would be
spending money up front to design and permit the project, but may run the risk of not building the
project once more testing was completed. Mr. Heckler replied that staff was specifically setting the
study up in the preliminary design to spend the minimum amount of money necessary before making
a decision on the largest costing item. In addition, he said that staff would not proceed with the
design of any element that would not be useful to the city with or without RO.
Mayor Neal expressed his concern that industry would not want to pay the additional raw
water costs associated with this project because they would not be using it. He stressed that staff
should break down the costs as soon as possible and find the fairest way to charge consumers. City
Manager Noe replied that it would be important to include the raw water costs into the utility rate
model to determine the impact. Mayor Neal asked if there was any federal money available to fund
this project. City Manager Noe replied that staff would look into it.
The final presentation was a report on the 78`s Texas Legislative Session by Mr. Tom Utter,
Special Assistant to the City Manager. Mr. Utter commented that this legislative session was
characterized by an agenda that was strongly against the well-being of cities. Paradoxically, this
session could also be characterized as beneficial because the City of Corpus Christi was able to
—12—
Minutes - Regular Council Meeti�g
June 24, 2003 - Page 13
secure more legislative initiatives ''Ithan in any other session in recent memory. Mr. Utter credited
the local legislative delegation and their staffs for their role in securing these initiatives, namely
Senator Chuy Hinojosa, Representative Vilma Luna, Representative Jaime Capelo and
Representative Gene Seaman. He also thanked the Texas Municipal League for their support.
Mr. Utter reported on the highlights of the 78' legislative session. Under financial integrity,
he discussed bills regarding street accessibility improvements, the clarification of hotel tax for
beaches, delinquent ambulance bill collection, municipal court failure -to -appear fee and municipal
court costs. Regarding essential irifrastructure, he discussed bills affecting desalination projects,
streamlining the Texas Department of Transportation and the supply of surplus materials. He
commented on bills affecting community protection and development, including annexation
authority, affordable housing, historic courthouse preservation, and dune protection. Mr. Utter
reported that the Community Youth Development program would be continued, but the overall
program was being reduced by approximately 15 percent. Education legislation regarding higher
education and the South Texas Border Initiative was also discussed. Under the area of public safety
and health, Mr. Utter touched upon bills regarding the fire control and prevention district, child
safety registration fees, CHIPS, and photographic traffic signal enforcement. Regarding utilities,
Mr. Utter mentioned a bill about right-of-way control.
Mr. Utter also noted legislation affecting the environment, including air quality, national
estuary program, regional water planning, oil spill response program and glass and plastic bottles.
Regarding economic development, Mr. Utter discussed bills on military, the spaceport, and
economic development authority. Under the area of effective administration, Mr. Utter mentioned
bills regarding the city election date statute, property tax exemption and the open records act. He
also discussed legislation subsequent to the adoption of the legislative program, including the marina
bill, the Port expansion bill and the Community Renewal Program. He also mentioned a new wide-
ranging ethics bill that would affect cities over 100,000 in population. Mr. Utter discussed two bill
affecting sales tax. Finally, he discussed bills affecting contracts and bidding in cities, city taxes
and finances, extraterritorial jurisdiction, municipal employee travel, and handguns.
Mayor Neal thanked Mr. Utter for his efforts this year. Council Member Chesney expressed
his concern that the city was understaffed in its representation in Austin compared to other large
cities in Texas, saying that the city was lacking a paid lobbyist team. City Manager Noe commented
that it would be difficult to continue with only one lobbyist if the legislature continued to have an
anti -city agenda. He cautioned that the city needed to carefully evaluate how to prepare for next
session. Council Member Scott asked which bills did not pass due to a lack of representation in
Austin. He advocated examining what the city wanted to pass first, and then debate what resources
would be necessary for success. He complimented Mr. Utter on his efforts, especially in passing the
marina bill and the higher education bill.
Mayor Neal asked about the special session, specifically regarding redistricting. Mr. Utter
replied that redistricting was crucial for a number of reasons, not the least of which was the affect
of military installations. He recommended that the council take a strong, unified position on the
matter, stressing the importance of keeping the city intact. City Manager Noe emphasized that staff
was going to actively monitor the special session.
The Council took a short break.
-13-
Minutes - Regular Council Meeting
June 24, 2003 - Page 14
The Council returned from break, and Mayor Neal referred to the special budget presentation
on enterprise funds for FY 2003-04. Mr. Mark McDaniel, Executive Director for Support Services,
reviewed the enterprise funds by expenditures, noting that the water fund was the largest fund. He
reviewed the utility system revenues, noting that water constituted 50 percent of the combined
revenues, while wastewater and as comprised 25 percent each. He reported that utility rate
adjustments would be increased l Iy five percent this year. Unlike like other departments, Mr.
McDaniel noted that a large portion of utility system expenditures was dedicated to purchases of
water and gas, instead of personnel. He discussed other expenditures in the utility system related
to salaries and wages, re-engineering, capital improvement financing and purchased water and gas.
Regarding the marina fund, Mr. McDaniel noted that slip rentals were the largest source of
revenue. He said that staff was considering implementing a three percent increase in slip rentals,
which would generate approximately $24,000. For expenditures, Mr. McDaniel noted that salaries
comprised the largest part of the budget, but noted that there was an increase in reserves for this fund
as a contingency, depending on the outcome of the negotiations for private development operation
of the marina. In summary, Mr. McDaniel said that marina fiscal issues included a recommended
slip rental increase, keeping staffing at existing levels, increasing reserves for capital improvements
and current negotiations regarding future development and maintenance.
With regard to the golf centers fund, Mr. McDaniel commented that green fees comprised
the largest revenue source. He said that staff was recommending new fee increases this year. He
stated that the two largest expenditures were for contract services and salaries. He concluded that
declining golf activity and revenue streams would require rate adjustments to stay even. He
identified expenditures for Phase 1 improvements to existing courses and additional phases to be
considered for Bond 2004 as other golf center fund fiscal issues.
Next, Mr. McDaniel discussed the airport fund. He noted that airport revenues were healthy
this year, despite declining enplanements. In particular, he commented that oil and gas leases and
TSA charges were favorable this year. Regarding airport expenditures, personnel was once again
the largest expenditure. Overall, Mr. McDaniel stated that expenditures were down by $507,905.
Regarding the ambulance fund, Mr. McDaniel commented that call revenue had increased
this fiscal year because of better recovery of rates charged for emergency calls. He said the reserves
for salary adjustments were budgeted for $76,916 to account for the implementation of the
compensation plan and sworn personnel adjustments. He noted that the full deployment of the
eighth ambulance was also scheduled to take place and the replacement of an ambulance was also
included in the budget.
Finally, Mr. McDaniel reviewed the Development Services fund. Regarding revenues, he
noted that since this was a new fund, 43 percent of the revenues consisted of a transfer from the
general fund. Mr. McDaniel stated that the overall goal was to have the program pay for itself over
time. He said that proposed fee increases being programmed into next year's budget would generate
approximately $185,000. He reviewed expenditures and noted that the allocations category was
higher than in other funds, explaining that the increase consisted of payment on the note for the first
floor improvements. To summarize, Mr. McDaniel said that rate adjustments for development
-14-
Minutes - Regular Council Meeting
June 24, 2003 - Page 15
services totaled $185,477, the reserve for salary adjustments for the comp plan totaled $97,928, and
that further service enhancements and guarantees were being implemented by staff this summer.
*************
Mayor Neal opened discussion on Item 27 regarding an interlocal agreement with Nueces
and San Patricio counties for regio aal health awareness. Assistant City Manager Jorge Cruz-Aedo
explained that various community groups had raised concerns about access to public health and
environmental issues to regulatory d governmental agencies. Consequently, Mr. Cruz-Aedo stated
that discussions began to develop 41 meaningful dialogue over community and environmental issues
by the EPA and several key stakeholders. He said that a survey was conducted which identified
numerous social services in the community in both the health and environmental areas (public and
private) that served the community where a lack of access was identified, due to gaps in the process.
He said that a community dialogue model was developed to model, coordinate and channel public
concerns to the appropriate agencies. Mr. Cruz-Aedo explained that an infrastructure was needed
to make the model work. Hence, he said that the interlocal agreement before the Council today
would provide a framework for a Community board, to be named the Regional Health Awareness
Board. He added that the board was composed of members representing a cross-section of the
community, stakeholders and interested parties. He commented that San Patricio County had
approved the agreement yesterday, the city would consider it today, and Nueces County would
consider it tomorrow. In conclusion, Mr. Cruz-Aedo said that staff was recommending the approval
of the agreement. There were no comments from the audience. City Secretary Chapa polled the
Council for their votes, and the following resolution passed with the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye'; Cooper was absent.
27. RESOLUTION NO. 025359
Resolution authorizing the City Manager or his designee to execute an Inter -local
Cooperation Agreement with Nueces and San Patricio Counties to promote community
dialogue on Regional Health Awareness.
*************
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
28. Executive session under Texas Government Code Section 551.071 regarding City of San
Benito v. PG&E Gas Transmission, Texas Corporation et al, No. 96-12-7404-A, 107th
District Court, Cameron County, Texas; the remaining related claims of the City of Corpus
Christi; and similar claims of the City of Corpus Christi against other similar entities, with
possible discussion and action in open session.
29. Executive session under Texas Government Code Section 551.071 regarding Second Baptist
Church of Corpus Christi v. City of Corpus Christi, No. 00-6895-A, 28`s District Court,
Nueces County, Texas, with possible discussion and action in open session.
*************
The Council returned from executive session. Mayor Neal called for petitions from the
-15-
Minutes - Regular Council Meetiq�g
June 24, 2003 - Page 16
audience. There were no comments from the audience.
Mayor Neal called for the City Manager's report. City Manager Noe reported that
mosquitoes in the city have tested positive for West Nile virus, saying that staff would continue to
monitor this issue. Mr. Noe provided a status report on the lease for the Southside Pony League and
the theft of police insurance documents, saying that he would have more information soon. For the
July 8 agenda, Mr. Noe said that a presentation on the negotiations with Landry's, the stop -loss
insurance program, a public hearing on the budget, and a charter revision schedule were all
scheduled. On July 15 and July 22, the adoption of the budget was scheduled. He informed the
Council that staff was suspending the contractor's work on the South Staples Street (Hamlin to
Williams Street) project due to the vendor's loss of insurance. Mayor Neal asked for the name of
the contractor. City Manager Noe replied that it was the J.R. Salazar Construction.
Mayor Neal called for Council concerns and reports. Council Member Chesney
congratulated the Corpus Christi Cathedral on their 100' Anniversary, saying that he and Mr.
Colmenero had attended a celebration in its honor. He asked that Mr. Noe provide information to
a constituent on the poor condition of the street in front of 7850 Bauvis. Mr. Chesney announced
that the next Town Hall meeting would be held on July 14 at 6:00 p.m. at Ethel Eyerly Community
Center, hosted by him and Council Members Cooper, Scott and Garrett. He asked Mayor Neal if
the Council would be interested in honoring the San Antonio Spurs as the NBA World Champions,
possibly by contacting Mr. Peter Holt, a former Corpus Christian who is affiliated with the San
Antonio Spurs organization. Mr. Chesney expressed his concern about the theft of the police
insurance information and the lack of a protocol to handle these types of incidents. City Manager
Noe replied that staff was currently working on a protocol. Mr. Chesney reported that he had heard
that the Development Services department was understaffed. City Manager Noe replied that there
had been some personnel changes in the department, namely that Assistant City Manager Margie
Rose was now the Acting Development Services Director and that Mr. Art Sosa had been named
Assistant Director of Inspection Services. He also said that the city needed to refine its ordinances
regarding development services.
Mr. Chesney noted that he was having a meeting with TXDOT to address several constituent
complaints about construction projects. He thanked staff for assisting Ms. Karen Heist, and he asked
for a status on the Starlight House. Finally, he welcomed back Ms. Cheryl Soward, Public
Information Officer, who had returned to work after a long illness.
Council Member Noll reminded the Council about the meeting at South Park Middle
School regarding drainage issues in the Sunnybrook/Manshiem area. He also said that he had been
notified that the Electrical Advisory Board had not met for some time. Mr. Art Sosa, Assistant
Director of Inspection Services, replied that the board chairman had the prerogative to cancel a
meeting if there was no business.
Council Member Scott also welcomed Ms. Cheryl Soward. He stated that he hoped the
police department would better enforce the littering ordinance this upcoming Fourth of July holiday.
Council Member Bill Kelly asked about concerns raised by Mr. David Royal regarding a
-16-
Minutes - Regular Council Meeting
June 24, 2003 - Page 17
drainage project on Up River Road. City Engineer Angel Escobar replied that staff had scheduled
a meeting with the Royals at SchanOn Elementary this Friday to discuss his concerns. Mr. Kelly said
that he had been contacted by Mr. Neill Amsler regarding the city's requirement that 75 percent of
a development must be completed before a plat can be issued. City Manager Noe replied that he and
staff have been discussing this issue with Mr. Amsler, and that he would follow up on the matter.
Finally, Mr. Kelly said that he had also been notified that the Electrical Advisory Board had not
been meeting, and that staff had canceled a meeting. Mr. Sosa said he would check on this.
Council Member Javier Colmenero spoke regarding negotiations for international air service
to Mexico from Corpus Christi airport. He suggested that opening a consular services office in the
airport might make this deal more attractive to the stakeholders. Mr. Colmenero commented that
he had not been receiving weekly reports from the EDC as promised. Finally, Mr. Colmenero asked
about a lighting project for the Harbor Bridge. City Manager Noe said that TXDOT had proposed
reinstalling lighting on the bridge when future construction has been completed. He said that the
Port and the city would share the cost of lighting the bridge. He added that he would schedule a
presentation on this matter at a future meeting.
Mayor Neal asked the Council Audit Committee if they would be prepared to report on their
recommendations for the budget before the scheduled public hearing. Council Member Kinnison
replied that the committee would be making their recommendations at the July 8 meeting.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 5:47 p.m. on June 24, 2003.
*************
—17—
2
NO ATTACHMENT FOR THIS ITEM
K
NO ATTACHMENT FOR THIS ITEM
-25-
El
5
MEMORANDUM
DATE: July 8, 2003
SUBJECT: Maintenance Contract for the Library Automated System
AGENDA ITEMS: Authorizing the City Manager or his designee to enter into a
contract with Dynix Corporation which will provide hardware and software maintenance
for the library's automated system. Estimated expenditure for the first year of the three
year contract will be $62,819, of which the city's portion will be $39,966.
ISSUE: The library purchased the Dynix automated library system in 1987 following
the opening of the Central Library. The system was purchased with over $500,000 in
funds raised privately, as part of a campaign to raised $1.5 million to augment the $5
million bond issue for a new central library. The Dynix system provided automated
circulation, cataloging, ordering and replaced the card catalog with an online system. In
the mid -1990's as the year 2000 approached and the system reached its limit, the library
began a campaign to raise funds to upgrade the system. Ultimately over $500,00 was
raised to upgrade the system to current standards and to introduce Internet service. The
new system, known as LINCC (Library Information Network of Corpus Christi) includes
all City library branches and the high schools of the Corpus Christi independent school
districts.
The new system went online in the fall of 1996. The maintenance contract which went
into effect at that time is expiring and requires renewal. The proposed contract provides
for one year of service and two one-year renewals if the City chooses to continue. The
estimated amount for the first year (FY 2003-04) is $62,819, of which 64% or $39,966 is
to be paid by the City; the balance is to be paid by the school districts. At the end of the
maintenance contract for the system which was replaced in 1996, the City was paying
approximately $60,000 per year. The automated circulation module generates
approximately $106,000 in fine revenues each year.
Approximately 74% of the maintenance charges cover software maintenance and
upgrades. Dynix software is proprietary and cannot be maintained by anyone else. The
balance will cover hardware purchased from Dynix which serves as a single point of
contact for the maintenance. Over the years this arrangement has resulted in minimal
downtime, averaging less than one percent per year.
Funds to cover the City's portion are included in the library budget.
—45—
SUBJECT: Maintenance Contract for the Library Automated System
Page Two
REQUIRED COUNCIL ACTION: Contracts in excess of $25,000 require City
Council approval.
PRIOR COUNCIL ACTION: In 1996 the City Council approved a multi-year
maintenance contract which isl expiring.
FUTURE COUNCIL ACTION: None
RECOMMENDATION: St4ff recommends approval of contract.
Herb Canales
Director of Libraries
-46-
US D Y N
NTENANCE AGREEMENT
X_
This Maintenance Agreement (Agreement") is made and entered into by and between Dynix
Corporation ("Dynb('), having its offices at 400 West 5050 North, Provo, Utah, 84604 and the City of
Corpus Christi, a municipal corporation with home rule powers, for and on behalf of its public City ("City"),
having its offices at 1201 Leopa d Street, Corpus Christi, Texas 78401. The term "Dynix" shall
also refer to the company, its agents, suppliers, and its subcontractors.
1. ATTACHMENTS
Attached and made a part hreof are the following (circle and initial all that apply):
Exhibit A — Software Maintenance Coverage
Exhibit 8—iServer and OS Maintenance Coverage
Exhibit C —',Peripheral and Workstation Maintenance Coverage
Each of these documents isl incorporated by this reference as if set forth in full, and constitute
a part of this Maintenance Agreement.
2. DEFINITIONS
Database Server (or Server): The computer acquired and operated by the City to provide
database management services in connection with the Licensed Software.
Hardware: All hardware itejns covered by this Maintenance Agreement, including servers,
Workstations, and Peripherals.
Horizon Information Portal 'Server (or Server): The computer acquired and operated by the
City to provide web access and gateway services to the Database Server in connection
with the Licensed Software,
Licensed Software (or Software): Each Dynix-developed or Dynix-owned software product,
which may include third-pOrty technology, including machine-readable object code (not
source code) for such product, any user documentation for such product, and any other
related materials which are furnished to the City by Dynix for use in connection with such
product, as well as any Dynix-developed software modules that are acquired subsequent to
this Agreement.
Peripherals: Hardware that is not a Server or Workstation.
System: The total complerinent of Hardware, Licensed Software, and Third Party Software
furnished and maintained by Dynix.
Third Party Software: Software owned by an entity other than Dynix which is re -licensed or
sublicensed by Dynix to the City.
Workstation: An end user machine provided by the City on which client software operates
to access the Database Server.
3. TERM
This maintenance services to be provided under this Maintenance Agreement begins on the
date City Council approves this Maintenance Agreement and continues for a period of one (1)
year. Unless sixty (60) days prior notice of intent not to renew is given by either party, the
City, by paying the then current maintenance fees, may automatically renew this Maintenance
Agreement for up to two (2) additional subsequent one (1) year terms. The City shall be
provided written notice of any rate increase for the following year sixty (60) days prior to the
anniversary date. This Maintenance Agreement may be terminated by either party in
accordance with the terms and conditions under this Agreement.
Prior to the beginning of each subsequent term of this Maintenance Agreement, the items to
be covered by maintenance shall be reviewed by Dynix for evaluation of each individual
component's continued coverage. Should Dynix determine that an item can no longer
receive continued maintenance coverage, the City shall have the option of either paying for
replacement of such item in order to renew maintenance coverage or continue using the item
—47—
C!
without maintenance coverage. The City Director of Libraries shall be notified in writing by
Dynix sixty (60) days prior to the anniversary date of the Maintenance Agreement of any
coverage modifications to the System for the following year.
WARRANTY
A. WARRANTIES
Dynix warrants that tre services performed pursuant to this Agreement will be
performed in a workmanlike manner consistent with industry standards reasonably
applicable to the performance of such services.
B. EXCLUSIVE REMEDY
If City believes there hE s been a breach of a warranty and so notifies Dynix, then Dynix
will promptly investigate the matter to determine the nature of the suspected error. If
there has been a brea h of this warranty, then Dynix's sole obligation and the City's
exclusive remedy will be for Dynix to re -perform the services. If Dynix is unable, after
repeated efforts, to correct a breach of warranty, the City will be entitled to an equitable
adjustment in the mo ies owing under this Agreement, up to the total amount of
payments received over the prior twelve month period to reflect any reduction in the
value of the or services as a result of the uncorrected error.
C. NO BREACH OF WA NTY
Dynix is not responsi le for any claimed breach of any warranty caused by: (i)
modification(s) made to the System by anyone other than Dynix; or (ii) the combination,
operation or use of the (System components with any items not supplied by Dynix to the
City; or (iii) the City's failure to use any new or corrected versions of the System
components made available by Dynix; or (iv) Dynix's adherence to the City's
specifications or instructions.
D. NO ADDITIONAL WARRANTIES
THE WARRANTIES SET FORTH IN THIS SECTION OF THIS AGREEMENT ARE IN
LIEU OF, AND THIS AGREEMENT EXPRESSLY EXCLUDES TO THE MAXIMUM
EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (i) ANY
WARRANTY THAT THE LICENSED SOFTWARE IS ERROR -FREE; AND (ii) ANY
AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON -INFRINGEMENT, AND (iii) ANY AND ALL
IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING,
COURSE OF PERFORMANCE OR USAGE OF TRADE. NO ADVICE, STATEMENT
OR INFORMATION GIVEN BY DYNIX, ITS AFFILIATES, CONTRACTORS OR
EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY.
E. THIRD PARTY WARRANTIES
Third party products may come with a manufacturer's warranty. Such warranties begin
on shipment of the third party products from the manufacturer, whether shipment is to
Dynix or to the City.
S. INDEMNIFICATION AND LIMITATION OF LIABILITY
A. NO LIMITATION OF CERTAIN CATEGORIES OF LIABILITY.
Dynix acknowledges the full extent of its own liability to the City arising from:
1. death or personal injury resulting from Dynix's negligent acts or omissions;
2. Dynix's breach of any applicable license grant; or
3. the non -excludable statutory rights of consumers, e.g., under laws providing for
strict product liability.
B. LIMITATIONS ON OTHER CATEGORIES OF LIABILITY.
Subject to 5.A above and to the extent not prohibited by applicable law:
1. Dynix's maximum aggregate liability for all claims relating to the Agreement,
whether for breach of contract, breach of warranty or in tort, including negligence,
Dynix Corporation — Page 2
Confidential and Proprietary
will be limited to the
amount paid by the City to Dynix during the previous twelve
(12) months for th
product or service which is the subject matter of the claim; and
2. DYNIX WILL NOT
BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, OF,
CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR
ARISING OUT OF
THE AGREEMENT (INCLUDING, WITHOUT LIMITATION,
LOSS OF BUS
NESS, REVENUE, PROFITS, GOODWILL, USE, DATA,
ELECTRONICAL
Y TRANSMITTED ORDERS, OR OTHER ECONOMIC
ADVANTAGE),
OWEVER THEY ARISE, WHETHER IN BREACH OF
CONTRACT, BREACH
OF WARRANTY, OR IN TORT, INCLUDING
NEGLIGENCE, AND
EVEN IF DYNIX HAS PREVIOUSLY BEEN ADVISED OF
THE POSSIBILIT
OF SUCH DAMAGES.
LIABILITY FOR I
AMAGES WILL BE LIMITED AND EXCLUDED, EVEN IF ANY
EXCLUSIVE REMEDY
PROVIDED FOR IN THE AGREEMENT FAILS OF ITS
ESSENTIAL PURPOSE.
6. PROVISIONS FOR MAINTENANCE SERVICES
Dynix agrees to furnish services, as specified under this Agreement, to maintain the
System and the City purchases the maintenance service for the System upon the terms
and conditions in this Maintenance Agreement. All maintenance services provided under
this Agreement are remedial only; no preventative maintenance services are offered.
SUBCONTRACTORS
Dynix hereby accepts full responsibility for the obligations outlined by this Maintenance
Agreement. The City agree$s that Dynix may subcontract some or all of the performance of
its duties provided for here n. Nothing in this paragraph shall be interpreted as authorizing
the assignment of this Mai Lance Agreement by Dynix.
8. DIAGNOSIS OF PROBLEMS
Dynix shall maintain technical personnel stationed at its offices for purposes of providing
customer service to report problems and discuss questions about operations. For
diagnosis of problems, Dymx technical personnel shall be able to access the City's System
directly via a dedicated data -grade phone line (which may go through a PBX) and 56k
modem, all of which shall be provided by the City at the City's expense. At the option of
Dynix, maintenance shall take place over this phone line or via the Internet. Dynix will use
its best business efforts to acknowledge the receipt of any properly reported problem
within four business hours.
9. HOLIDAYS
Maintenance services provided under this Maintenance Agreement shall be exclusive of
the following holidays: New Year's Day, Labor Day, Christmas Day.
Holidays falling on Saturday will be observed on the preceding Friday; holidays falling on
Sunday will be observed on the following Monday.
Dynix Corporation — Page 3
Confidential and Proprietary
-49-
10. CONDITIONS OF DYNIXt OBLIGATIONS
All maintenance services of any nature rendered by Dynix hereunder shall be limited to the
items listed on Dynix's maihtenance audit document for the City (which shall be provided to
the City prior to the start of each annual term) and shall be contingent upon the City's
proper use of the System in the application for which those items were intended. Any item
covered under this Maintenance Agreement which is abused, physically or otherwise, or
used contrary to themanufacturer's specifications, is deemed not subject to the
maintenance services of Pynix contracted for hereunder by the City and the full cost of
repairs shall be borne by the City.
11. OBLIGATIONS OF THE
A. The City shall be responsible for maintaining a sufficient staff and quality of
consumables (i.e. D to Grade Tapes) to handle normal day-to-day operation and
support for the System, including, but not limited to, tasks such as back-ups and
report handling. It is acknowledged and understood that the maintenance and
support service to be provided by Dynix under this Agreement are not intended to
supplant the City's daffy -to -day operation and support for the System.
B. The City shall provjide Dynix full and free access to each item covered by
maintenance to allow Dynix to provide maintenance service and a suitable place in
which to perform service shall be made available to Dynix. The City shall provide
Dynix all access to such items which Dynix believes is necessary or desirable for the
performance of any unscheduled on-site remedial maintenance services. A
designated representative of the City shall be in the building whenever Dynix
personnel are present.
C. The City shall provide suitable environmental conditions, including space, heat, light,
ventilation, cooling, electrical power, current and grounding, and the like to be
maintained properly hereunder.
D. The City shall not perform, nor attempt to perform, or cause to be performed, maintenance or
repair to the System or any part thereof covered hereunder during the term of this
Maintenance Agreement except with the prior written or oral approval of Dynix.
E. The City shall be responsible for maintaining: (1)a telephone within operational reach of the
Database Server, (2) an auto -answer 56K baud modem attached to a port for the exclusive
use of Dynix; and (3) an "outside' data grade phone line for the modem to be used in dial-up
diagnostics and maintenance The cost of procuring and maintaining this line in good
operating condition shall be borne by the City, (4) internet access including access through
any security measures.
F. The City is solely responsible for verifying the success of all System and data backups. Dynix
disclaims all liability for data loss responsible for data loss including, but not limited to, data
loss resulting from backups that were not verified by the City.
G. The City may move components within the room where originally installed without notifying
Dynix. Moves beyond this room require sixty (60) days prior written notice to Dynix. Should
the City decide to use Dynix staff, the City will be billed at Dynix's then -published rates to
move the components and is responsible for all costs associated with the move. The
movement of components/hardware without proper authorization may void the City's
maintenance on those items. The City shall be solely responsible for any damages to the
components/hardware incurred by the City's movement thereof. If Dynix moves the
components, any damages will be covered under this Maintenance Agreement This section
does not apply to the moving of Workstations or Peripheral which may be moved without prior
permission; however, any damages caused by moving such items shall be the sole
responsibility of the City.
Dynix Corporation — Page 4
Confidential and Proprietary
-50-
12. CHARGES AND PAYMENTS
A. The maintenance ch rges noted in Dynix's maintenance audit document are based on
annual prepayment a d are due and payable by the City prior to the start of each annual
maintenance period. Ten percent (10%) will be added to the then annual maintenance price
if the City chooses to pay semi-annually; fourteen percent (14%) if the City chooses to pay
quarterly; or twenty pe -cent (20%) if the City chooses to pay monthly. Applicable taxes and
tariffs will be added to each invoice. It is the City's responsibility to inform Dynix if the
customer is tax exempt, and provide the applicable documentation including their tax -
exemption number.
B. Requests for re -billing or adjustments to the presentation of billings, not the result of an error
by Dynix, will be d ne at the sole discretion of Dynix, and may be subject to an
administrative fee, not o exceed fifteen percent (15%) of the billing amount.
C. Payment terms are n thirty (30) days. Late payments are subject to an interest charge of
one and one-half pe nt (1'/%) per month (18% per annum) or the highest amount
permitted by applicablE Texas law, whichever is less. The City agrees that delinquencies in
excess of sixty (60) d ys may result in Dynix's withholding of support services, upgrades,
and the cancellation of this contract without liability to Dynix.
D. Should the City de ire to renew maintenance coverage on any item previously
terminated from coverage due to delinquencies of payment terms, the City shall be
liable for one hundre d percent (100%) of the maintenance charges that would have
been charged on the Hardware and Software during the period when maintenance
coverage was terminated. Dynix shall have the sole option of determining whether to
renew maintenance coverage on any item and may inspect such items to determine
if they are in good operating condition before renewing coverage. The inspection
and any repairs, adjustments, or upgrades deemed necessary by Dynix or its third
party providers shall be made at Dynix's then -current prices and terms. The City will
be charged for such repairs, adjustments, or upgrades prior to continuation of
service.
E. Charges for on-site remedial maintenance provided other than during the hours of contracted
maintenance or for other services, products or items which are not included in the monthly
maintenance charges are due and payable thirty (30) days from the date of invoice. These
charges will be invoiced as they occur.
F. Any request by an employee or apparent authorized representative of the City for
maintenance on items, or matters not covered under this Maintenance Agreement shall be
deemed a commitment by the City to pay for such additional support at Dynix's then
published hourly rates. It is the City's responsibility to ensure its employees and
representatives know the limit of their approval authority.
G. Time spent by Dynix resolving or attempting to resolve problems subsequently determined
to be caused by products neither supplied nor supported by Dynix shall be billed to the City at
Dynix's then publishedhourly rates.
H. There shall be no addi0onal maintenance charge for.
I. Unscheduled on-3ite maintenance begun during the contracted hours of maintenance
and extending one hour beyond.
2. Time spent by maintenance personnel after arrival at the site awaiting the arrival of
additional maintenance personnel and/or delivery of parts, tools, or other required
material after a service call has commenced.
13. CANCELLATION
All items in this section require written notice to Dynix:
A. Licensed Software Maintenance Cancellation: the City shall give Dynix sixty (60) days
advanced notice in writing that it wishes to Cancel its Licensed Software maintenance, be it at
the end of the maintenance period or before. If the City terminates Software maintenance
during the maintenance period, it will receive a prorated refund of paid maintenance fees based
on the time remaining in the maintenance period. An administrative fee of 15% of the refund
amount will be assessed by Dynix.
Dynix Corporation — Page 5
Confidential and Proprietary
—51—
B. Should the City desire to cancel maintenance on any of the other products it must
provide Dynix ninety (90) days advanced notice in writing, whether such termination
shall be at the end of thle maintenance period or before. The City shall be responsible for
paying any cancellation fees incurred by Dynix from the third -party maintenance vendor.
Such termination shall b� subject to the terms and conditions of any applicable agreement
existing between Dynix ;and the third -party maintenance vendor. If the City terminates
maintenance during the maintenance period, it will receive a prorated refund of paid
maintenance fees based on the time remaining in the maintenance period if maintenance is
available under the terms from Dynix's vendor. The refund amount will be prorated
based upon the time remaining in the current maintenance term as of the termination
date. An administrate a fee of fifteen percent (15%) of the refund amount will be
assessed. Any such refund shall be subject to cancellation costs from the third party
maintenance vendor and will be deducted from the refund amount.
14. ADDITIONAL COVERAGE'
The City may desire coverace for hardware not currently under warranty or not covered by an
existing maintenance agreernent. Dynix shall have the sole option of accepting Hardware for
coverage. Hardware may be subject to inspection by Dynix or its third -party providers to determine
if it is in good operating condition. The inspection and any repairs, adjustments, or hardware
upgrades deemed necessary by Dynix or its third party providers shall be made at Dynix's then
current prices and terms. The City will be charged for repairs, adjustments, or hardware upgrades
prior to commencement or continuation of service.
15. ADDITIONAL REQUESTED SERVICE
Requests by the City for help with items not covered by this Maintenance Agreement shall
be subject to acceptance by Dynix and will be billed at Dynix's prevailing hourly rate.
Customers with maintenance agreement coverage will be cared for ahead of customers
requesting help for items not covered under their maintenance agreement.
16. DISPUTE RESOLUTION
The parties will use reasonable efforts to resolve any dispute arising out of the Agreement
through a meeting of appropriate managers from each party. If the parties are unable to
resolve the dispute, either party may escalate it to its executives. If an executive level
meeting fails to resolve the dispute within thirty (30) days after escalation, either party may
seek any available legal relief. This provision will not affect either party's right to seek
injunctive or other provisional relief at any time.
17. GENERAL
A. Force Majeure. A party is not liable under this Agreement for non-performance
caused by events or conditions beyond that party's reasonable control, if the party
makes reasonable efforts to perform. This provision does not relieve the City of its
obligation to make payments then owing.
B. Notices. All written notices required by this Agreement will be effective upon receipt.
Notices communicated by electronic mail or facsimile will be deemed to be written.
C. Nondiscrimination. 'Neither Dynix, nor any officer, agent, employee, servant or
subcontractor of Dynix shall discriminate in the treatment or employment of an individual
or groups of individuals on the grounds of race, color, religion, national origin, age, sex or
disability unrelated to job performance, either directly, indirectly or through contractual or
other arrangements.
D. Relationship. This Agreement is not intended to create a partnership, franchise, joint
venture, agency, or a fiduciary or employment relationship. Neither party may bind the
other party or act in a manner which expresses or implies a relationship other than that
of independent contractor.
E. Non -collusion Covenant. Dynix hereby represents and agrees that it has in no way
entered into any contingent fee arrangement with any firm or person concerning the
Dynix Corporation — Page 6
Confidential and Proprietary
—52—
obtaining of this Agreement with the City. Dynix has received from the City no incentive
or special payments, or considerations not related to the provision of automation systems
and services described n this Agreement.
F. Invalidity. If any prove ion of the Agreement is held invalid by law or regulation of any
government or by any ourt or arbitrator, such invalidity will not affect the enforceability
of other provisions.
G. Survival. Rights andobligations under the Agreement which by their nature should
survive will remain in a ect after termination or expiration of the Agreement.
H. No Waiver. Any exp
Agreement will not cre
1. Modification. No mo
signed by an authorize
J. Section Headings.
purposes only and sha
K. Entire Agreement. l
to its subject matter.
written communication
prevails over any conf
acknowledgement, or
matter during its term.
L. Counterparts. The p
counterparts, each c
Agreement, and that I
signatures.
>ss waiver or failure to exercise promptly any right under this
to a continuing waiver or any expectation of non -enforcement.
ification to this Agreement will be binding, unless in writing and
representative of each party.
ieadings and titles used in this Agreement are for reference
not be deemed a part of this Agreement.
is Agreement constitutes the parties' entire agreement relating
cancels and supersedes all prior or contemporaneous oral or
proposals, conditions, representations, and warranties, and
:ting or additional terms contained in any quote, purchase order,
other communication between parties relating to its subject
ies agree that this Agreement may be executed in one or more
which shall be constitute an enforceable original of the
simile signatures shall be as effective and binding as original
IN WITNESS WHEREOF, the parties have caused this Agreement, which shall inure to the benefit
of and be binding upon the successors of the respective parties, to be signed and entered as of the
last date indicated below.
Dynix Corporation
By: :&� D.,j,�.,.,..r�-
�t AV /
Title: 6wJ4ccy.'& WWrj. J.hr
Date: 4/1116
-53-
City of Corpus Chrisi
By:
Title:
Date:
Approved as to form: 3�0�
L a Agul ar
Assistant City Attorney
For City Attorney
Dynix Corporation — Page 7
Confidential and Proprietary
EXHIBIT A
SO�TWARE MAINTENANCE COVERAGE
1. Definitions:
Emergency Coverage shall have the meaning ascribed to it in Paragraph 11 below.
Priority 1: (Major Outage) all portions of the complete Software system covered under this
Maintenance Agreement ave aborted and cannot be restarted; restore failures; critical
situations that cause corruption of data; day -end processing not resolved by system utilities;
inability to use PAC for searching; or the inability to use the below noted modules at any site:
Checkout
Checking
Bibliographic fileupdate
Patron file updat
Item file update
PAC title inquiry
(For Dynix Syste s includes TAP)
Priority 2: (High) Any loss of functionality or component failure other than those covered by
Priority 1; functionality degradation; questions about setting up the Software; error
messages, Software system backup problems, the inability to search bibliographic indexes.
Priority 3: (Normal) All other non -Scheduled request.
Priority 4: (Scheduled) All echedulable work.
2. Determination of priority level for all reported problems will be at Dynix's sole discretion.
Response is based on the load of priority levels, which is the order focused upon.
3. Items covered are the Licensed Software and Third Party Software for which the vendor offers
maintenance.
4. Dynix will provide at no additional charge to the City all bug fixes, major releases, interim
releases or upgrades to the Licensed Software if and when developed and released
provided the City is no more than one major release back. Additional charges pursuant to
release level shall be determined at the anniversary date of this Maintenance Agreement.
Such fixes, releases, or upgrades shall be provided with all appropriate documentation for
successful installation and implementation. Upgrades to Third Party Software are subject to
the terms and conditions relating thereto in any applicable agreement between Dynix and
the Third Party Software maintenance vendor.
5. The City will be allowed one City contact person and two designated City contact backups.
Said contacts shall be the only City personnel contacting Dynix regarding maintenance
issues.
6. Technical support via telephone for application Software, including all standard functions,
will be available during Standard Hours of Coverage.
7. The City shall be responsible for the purchase and payment of any hardware upgrades
which may be required to enable any and all fixes, minor enhancements, releases, or
upgrades to the Licensed Software to operate within the performance specifications
established by Dynix unless such is otherwise provided for under this Maintenance
Agreement.
8. Dynix shall provide corrections to the Licensed Software at no additional cost to the City for
any error, malfunction, or defect which causes the Licensed Software to fail to perform
substantially in accordance with the functional specifications of the Licensed Software's
documentation except as provided for in Section 10 below.
9. Should the City desire to be two major releases back from the most current release, there shall be
an additional twenty percent (20%) annual premium above the then current annual maintenance
fee. The City may also experience delays in customer service due to being back two or more
software releases. If the City shall be more than three releases back and not agree to upgrade to
the current Software release, then Dynix shall have no further obligation to provide the services
contemplated under this Maintenance Agreement and may upon thirty (30) days prior notice
Dynix Corporation — Page 8
Confidential and Proprietary
-54-
terminate this Maintenance Agreement without liability except to provide the refunds contemplated
under Section 13 of the Maintenance Agreement.
10. Standard Hours of Coverage: Software remote maintenance and consultations shall be
provided during the followig standard hours: 7AM to 9PM Monday through Friday Eastern
Time
11. Emergency Coverage: Dynix shall provide remote assistance for Major Outages from 7 AM to 11
PM Eastern Time, Monday t rough Sunday. Major Outage assistance is limited to work in
correcting problems that pre ent successful operation of major required functions pursuant to the
definition of Major Outage. Emergency Coverage will be available after 11 PM and before 7 AM,
Eastern Time, Monday throw h Sunday and will be billed to the City at Dynix's then current hourly
rates for the time required to perform such services. Dynix will respond to Emergency
Coverage requests within 4 ours of receipt of notifying call. Time to problem resolution is not
provided due to the variabil' of the nature of Major Outages.
12. Dynix shall have no obligat on to provide assistance in correcting errors or problems arising
in connection with any moc ifications or alterations to the Licensed Software, Third Party
Software which have been made by or on behalf of the City without Dynix's express written
consent; or for any destruc ion, alteration or suspension of the Licensed Software or Third
Party Software operation d je to natural disasters, communication line failure, failure by the
City to perform weekly bacl ups of software and data, or actions or decrees of
governmental bodies. ll
13. The City may request that ynix perform standard services such as maintenance or
installations of new Softwa a releases during times outside Standard Hours of Coverage.
The performance of regula services outside normal hours is called "discretionary services'
and may be billed at Dynixls then current hourly rates for the time required to perform such
services. Delivery of discretionary services is based on availability of resources and Dynix
reserves the right to refuse'such requests.
Dynix Corporation — Page 9
Confidential and Proprietary
-55-
EXHIBIT B
SERVEQ AND OS MAINTENANCE COVERAGE
1. Definitions:
OS shall mean the sery hardware operating system software.
UPS shall mean uninterr iptible power supply system.
2. Unscheduled on-site remed al maintenance of Servers shall be performed after notification to
Dynix by the City that a Sery Dr, other than the UPS, is inoperative or malfunctioning. Dynix shall
provide the City with a des gnated point of contact and shall make arrangements to enable
maintenance personnel to re ive such notification.
3. Unscheduled remote diagn stirs of Server malfunctions, including diagnostics of OS and
hardware, and remedial ma iteriance of OS shall be performed after notification to Dynix by the
City that covered a Server, 'other than the UPS, is inoperative or malfunctioning. Dynix shall
provide the City with a designated point of contact and shall make arrangements to enable
maintenance personnel to receive such notification.
4. Unscheduled on-site remed al maintenance of Server hardware shall be provided during the
following hours: 8:00 AM to :00 PM Central Time.
5. Standard Su ort Hoursor OS: Unscheduled phone support on general questions
regarding OS licenses, general system maintenance, file structure, back ups and system
printing shall be provided during the following hours: 8AM to 8PM Monday through Friday,
Eastern Time
6. Emergency Support Hours icor OS: Down system emergency phone support coverage for OS
shall be provided during the following hours: SAM to 11 PM Eastern Time Monday through
Sunday.
7. The City may change or extend the hours of maintenance coverage upon written agreement with
Dynix and the payment to Dynix by the City of the then current charges for such changed or
extended coverage.
8. Tuning of the OS will be provided when and as determined by Dynix to ensure the OS is running
optimally.
9. All parts necessary for unscheduled on-site remedial Server maintenance shall be fumished at
no additional charge to the City, on an exchange basis. Only new parts or refurbished, like -new
parts shall be used.
10. In order to receive Server maintenance coverage, the City must purchase and install a UPS
power system for each Server. If the UPS power system is not supplied and installed by Dynix,
such UPS power system shell be subject to a billable on-site inspection by Dynix to determine if it
is in good operating condition and sufficient to provide the protection required. Such inspection
may be waived by Dynix at Dynix's option. Any repairs or adjustments made by Dynix shall be at
Dynix's then current prices and terms. The City will be required to correct any noted UPS power
system defects prior to Dynix's extending maintenance coverage to any Hardware.
11. Maintenance on certain items under this Maintenance Agreement, particularly Servers, may require
that the City communicate with the third -party vendor directly. Hours of coverage for such support
not stated herein will vary by vendor but shall be made known to the City by Dynix.
12. If the City requires Dynix to perform maintenance on-site that could be performed remotely, the City
shall pay as a separate and additional charge on-site labor charges, travel time charges and all
reasonable travel and living expenses incurred by Dynix for personnel required to perform on site
visits to the City in conjunction with the performance of this Maintenance Agreement. Charges for
travel time and on site labor to the City shall be calculated at Dynix's then standard consulting rates
per Dynix employee.
13. If a Server or Server component cannot be repaired, Dynix shall have the option to replace the
Server, or Server component with one of like kind that will correctly operate with the System.
14. Dynix will provide the media or software for operating system release upgrades and patches at
no additional charge to the City, unless the Server vendor charges Dynix, in which case the
charge will be passed on to the City.
15. Dynix will provide remote technical assistance for OS upgrades that are required, as determined
by Dynix, in order to run a newer release of a Licensed Software application or pursuant to
Dynix Corporation —Page 10
Confidential and Proprietary
-56-
upgrades to the Server or to the main system which are purchased through Dynix. The City can
request that Dynix perform the OS upgrade. If Dynix performs the OS upgrade, the City will be
billed at the current billable rate.. Such technical assistance shall only be available during
Standard Support Hours f OS and is required to be prescheduled by the City with Dynix
personnel and is subject toavailability of such Dynix personnel.
16. The City may desire coverage for hardware not currently under warranty or covered by an
existing maintenance agreement. Dynix shall have the sole option of accepting such
hardware for coverage. S ch hardware may be subject to inspection by Dynix or its third -
party providers to detera if it is in good operating condition. The inspection and any
repairs, adjustments, or u grades deemed necessary by Dynix or its third party providers
shall be made at Dynix's t en current prices and terms. The City will be charged for such
repairs, adjustments, or ardware upgrades prior to commencement or continuation of
service.
Dynix Corporation — Page 11
Confidential and Proprietary
-57-
EXHIBIT C
PERIPHERAL ANP WORKSTATION MAINTENANCE COVERAGE
1. Peripheral maintenance is only available if maintenance for both Licensed Software and Hardware/OS
is purchased. If either of these aintenance packages is terminated and the City desires to continue
Peripheral maintenance coverage there will be an increase of the charges for such Peripheral
maintenance effective as of thE time of termination of the Software and or Hardware/OS coverage.
Such increase will be due and Dayable to Dynix by the City thirty (30) days after the invoice date for
said increase.
2. Maintenance for any Peripheral may not be renewed beyond three years after its date of purchase as
newly manufactured Peripheral unless a separate amendment extending such coverage and defining
additional charges is agreed to in writing and signed by the parties.
3. If Peripheral or Workstation malfunctions, the City shall contact Dynix for troubleshooting and
diagnosis. Such trouble shootin g and diagnosis will be available Monday through Friday 8 AM to 5 PM
Eastern Time. If the malfunctin is due to a hardware failure, a "Return Materials Authorization
Number" (RMA#) will be provided to the City and the City will be required to package and ship the
Hardware per Dynix instructions. The RMA number shall be clearly identified on the package. No
Hardware shall be returned w0out RMA #. The City shall then ship the Peripheral, at the City's
expense, to the Dynix designated repair center. Upon repair the Rem will be returned to the City freight
prepaid. Dynix shall provide labor and parts (excepting consumable supplies and expendable items)
but preventative maintenance services are not included. Dynix reserves the right, at its sole discretion
and without prior notice to the City, to replace defective Peripheral or Workstation rather than repair it.
If replacement occurs prior to the City's shipping the defective piece in for repair, the City shall remain
liable for shipping the defective piece to a destination designated by Dynix at the CiVs expense.
4. The City may desire to place under maintenance peripherals not currently under warranty or covered
by an existing maintenance agreement. Such peripherals may be subject to an inspection by Dynix to
determine if they are in good operating condition. The inspection and any repairs, adjustments or
hardware upgrades deemed necessary by Dynix shall be made at Dynixs then current prices and
terms. The City will be charged for such repairs, adjustments, or hardware upgrades prior to
commencement or continuation of service. Dynix at its option may waive this inspection requirement,
or reject placing the peripherals under a maintenance program.
5. Repair of Workstations will be as per the vendor's repair policy. Dynix shall provide labor and parts
(excepting consumable supplies and expendable items) but preventative maintenance services are
not included. A premium shall apply should the City request expedited repair service or priority
response coverage. Any such request by the City shall require acceptance in writing by Dynix prior to
work being performed.
6. The City is responsible for reviewing, identifying and communicating all serial numbers for items that
are to be placed under maintenance to Dynix at the beginning of each maintenance term. Any items
that are called in for maintenance for which a registered serial number does not exist in Dynix's
maintenance database will not be eligible for repair under this maintenance agreement.
7. If an item cannot be repaired, Dynix shall have the option to replace the item with one of like kind.
8. Should the City desire to cancel any of its Peripheral maintenance coverage it must provide
Dynix thirty (30) days advanced notice in writing, whether such termination shall be at the end
of the maintenance period or before. If the City terminates such maintenance during the
maintenance period, it will receive a prorated refund, based on the time remaining in the
current maintenance. The refund amount will prorated based upon the time remaining in the
current maintenance term as of the termination date. An administrative fee of 15% of the
refund amount will be assessed. Any early cancellation fees from the Peripheral maintenance
vendor will be deducted from the refund amount.
Dynix Corporation — Page 12
Confidential and Proprietary
'M9
0
AGENDA MEMORANDUM
RECOMMENDATION: Motif
Texas, for approximately 435 tons
BI -0108-03 based on low bid for a
for FY02/03. The term of the con
two additional twelve-month peric
his designee. Funds have been bu
t approving a supply agreement with Pencco, Inc, San Felipe,
f Hydrofluorosilicic Acid in accordance with Bid Invitation No.
estimated annual expenditure of $66,903 of which $5,575.25 is
act will be for twelve months with an option to extend for up to
s subj ect to the approval of the supplier and the City Manager or
geted by the Water Department in FY 02-03.
BACKGROUND:
Purpose: Hyd�ofluorosilicic Acid (fluoride) is added to our water supply as an
aid in the prevention of tooth decay. The City has added fluoride to
the Water for the past forty-six years.
Previous Contract:
Bid Invitations Issued:
Bids Received:
Price Analysis:
Award Basis:
Funding:
The option to extend the current contract was exercised requiring
new bids to be received.
Fifteen
Five
When compared to the previous contract, pricing has decreased
approximately 2 %.
Low Bid
Water Department
520010-4010-31010
Procurement and General Services Manager
—61—
$66,903
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
HYDROFLUOROSILICIC ACID
QUANTITY: 435 TONS
BID INVITATION NO.: BI -0108-03
BUYER: ESTHER C. BARRERA
11-fildp4lIfkl
VENDOR
QTY.
I UNIT
I UNIT PRICE
TOTAL PRICE
PENCCO, INC
435
TON
$153.80
$66.903.00
SAN FELIPE, TX
LUCIER CHEMICAL INDUSTRIES LTD.,
435
TON
$160.00
$69,600.00
DBA, LCI, LTD.
JACKSONVILLE, FL
SOLVAY FLUORIDES, INC.
435
TON
$268.00
$116,580.00
ST. LOUIS, MO
-62-
7
Requested Council Date: 7/08/03
Alternate Council Date: 7/15/03
COUNCIL MEMORANDUM
RECOMMENDATION: Motion aproving the purchase of eight heavy trucks and two light trucks in
accordance with Bid Invitation No. %I-0100-03 from the following companies, for the following
amounts, based on low bid and low bid meeting specifications, for a total amount of $424,411.56. Nine
units are replacements and one unit is an addition to the fleet. Funds are available from the FY02-03
Capital Outlay Fund.
Crosstown Ford Sales, Inc. Fleetprid4 Power Equipment Champion Chevrolet Champion Ford
Corpus Christi, Texas Co> us Christi, Texas Corpus Christi, Texas CoMusChristl,Texas
2 Units 1 Unit I2 Units 5 Units
$125,094.00 $51,838.56 $44,504.00 $202,975.00
Grand Total: $424,411.56
Purpose: The trucks are to be used by Gas, Wastewater, Street Services, and
Maintenance Services Departments. This includes the lease/ purchase of
five heavy trucks and one light truck (Street Services) and the outright
purchase of three heavy trucks and one light truck (Gas, Wastewater, and
Maintenance Services Departments).
Nine units are replacements for previous units that have reached end of life.
The additional light truck vehicle is needed by Maintenance Services for
the tire repair operation. This mobile tire repair unit will help decrease the
down time on large trucks that have flats at the job site or on their route.
Bid Invitations Issued: Fifteen
Bids Received: Five
Price Analysis: When compared to like items bid last year, pricing has remained stable.
Basis of Award: Low Bid — Bid Items 1-6 and Item 8
Low Bid Meeting Specification — Bid Items 7 & 9
The trucks bid by Champion Ford (Bid Items 7 & 9) and Crosstown Ford
(Bid Item 9) do not meet the minimum specification requirements
regarding payload.
Funding: Four trucks will be purchased
Maintenance Services Fund.
550020-5110-40120
Capital Outlay Nos. 83, 86, 112
&
550020-5110-40140
Capital Outlay No. 135A
outright and are funded through the
Total
$ 150,644
$ 23,000
$173,644
Six trucks will be lease purchased and financed through the City's lease
purchase contractor. Although funds in the amount of $49,944 are included
-65-
in this y ar's budget, no funds are required this year due to a projected
delivery date of September 2003. Funds have been requested for FY 03-04
and will be requested for all subsequent years.
These units will be funded through the City's lease/purchase financing
agreement for a 60 -month period. The estimated interest rate is 2.29%.
The actual interest rate will be determined at the time of delivery.
The 60 months total, including principal of $250,767.56 and interest of
$14,869.28 is $265,636.84.
Procurement & General Services Manager
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AGENDA MEMORANDUM
COMMENDATION: Motion approving, supply agreements with the following companies for the following amounts in
accordance with the Coastal Bend Council ofrGovemments Bid Invitation No. CBCOG-03-4 for food items which include
canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $125,221.90 of which
$10,435.15 is for FY02/03. The terms of the c0tracts shall be for six months with an option 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 his
designee. Funds have been budgeted by Senior Community Services in FY02-03.
Ben E. Keith LaBatt Food Service
San Antonio, TX Corpus Christi, TX
32 Items 75 Items
$15,741.37 $45,802.33
PFG
Victoria, TX
50 Items
$53,921.96
BACKGROUND:
Purpose:
Funding:
C
Procurement &
Sysco Food Service
San Antonio, TX
19 Items
$9,756.24
Gravid Total - $125,221.90
These food items will be used by Senior Community Services forthe Elderly
Nutrition Program.
'the items are combined under a cooperative bid issued by the Coastal Bend
Council of Governments (CBCOG). Participating members are comprised
of the City of Corpus Christi, Aransas Council on Aging, Community Action
Corporation of South Texas, Duval County, Bee Community Action
Agency, Kleberg County Human Services, Nueces County Senior
Community Services, Refugio County Elderly Services, and San Patricio
Community Action Agency.
The recommended awards are based on the evaluation and recommendation
of participating members of the Coastal Bend Council of Governments. The
department concurs with this recommendation.
Senior Community Services
ENP 520070-1050-810802.3 $106,440
MOW 520070-1050-810502751 $18,785
1103tlll�
Total: $125,225
Services Manager
—71—
COUNCIL OF GOVERMENTS-STOLES, MEAT & OTHER FROZEN FOODS
Senior Community Services
Bid Tabulation: CBCOG-03-4
Ben E. Keith
San Antonio, Texas
Canned Fruit, Canned Vegetables, Canned (Meat,
Condiments, Juices, Relishes,
Starches and Pasta, Sugar & Products, Miscellaneous Products,
Beef, Poultry, Frozen Vegetables and Dairy,Products
LaBatt Food Service
Corpus Christi, Texas
Canned Fruit, Canned Vegetables, Dried Vegetables,
Canned Meat, Condiments, Dressing, Juices, Oil & Shortening, Relishes
Soups and Bases, Spices, Starches and Pasta, Sugar & Products,
Miscellaneous Products, Fresh Produce, Beef, Fish, Pork, Poultry,
Prepared Products, Frozen Vegetables, Frozen Fruit & Dessert
and Dairy Products
PFG
Victoria, Texas
Canned Fruit, Dried Fruit, Canned Vegetables, Dried Vegetables,
Canned Meat, Condiments, Dressing, Juice$, Relishes,
Soup & Bases, Spices, Starches & Pasta, Sugar & Products,
Miscellaneous Products, Beef, Poultry, Prepared Products,
Frozen Vegetables, Frozen Fruit & Dessert, and Dairy Products
Sysco Food Service
San Antonio, Texas
Canned Vegetables, Dried Vegetables, Oil & Shortening,
Spices, Starches and Pasta,
Sugar & Products, Miscellaneous Products, Fresh Produce, Beef,
Poultry, Frozen Vegetables, Frozen Fruit & Dessert,
and Dairy Products
Grand Total:
-72-
$15,741.37
$45,602.33
$53,921.96
$9,756.24
$125.221.90
0
AGENDA MEMORANDUM
RECOMMENDATION: Motioi
Austin, Texas in accordance wi
CBCOG-03-5, for 151,800 half -p
submitted by the Coastal Bend Cc
$28,842 of which $2,403.50 is for
an option to extend for up to thre
Council of Governments, the sul
budgeted by Senior Community 5
BACKGROUND:
Purpose:
Funding:
Procurement and
approving a supply agreement with Borden Milk Products LP,
1 Coastal Bend Council of Governments Bid Invitation No.
it containers of low fat milk, based on the recommended award
mcil of Governments for an estimated six month expenditure of
'Y02/03. The term of the agreement shall be for six months with
additional months, subject to the approval of the Coastal Bend
rlier and the City Manager or his designee. Funds have been
rvices in FY02-03.
Thee items will be used by Senior Community Services for the
Eldorly Nutrition Program.
The items are combined under a cooperative bid issued by the
Coastal Bend Council of Governments (CBCOG). Participating
mernbers are comprised of the City of Corpus Christi, Aransas
Council on Aging, Community Action Corporation of South
Texas, Duval County, Bee Community Action Agency, Kleberg
Coclnty Human Services, Nueces County Community Services
(Robstown) and San Patricio Community Action Agency.
The recommended award is based on the evaluation and
recommendation of participating members of the Coastal Bend
Council of Governments. The department concurs with this
recommendation.
Senior Community Services
ENP 520070-1050-810803-02
MOW 520070-1050-810503-02
�11�03 Total:
Services Manager
—75—
$24,520.
4,330.
$28,850.
Coastal Bend Council of Governments
COCOG-03-5
Bid Tabulation
Buyer: Gabriel Maldonado
Date: 6/6/03
Quantity - 151,800
LOW FAT MILq - 1/2 pints, 2%
Borden $28,842.00
Austin, Texas
-76-
WI
City Council Action Date: 7/8/03
AGENDAITEM:
Resolution approving the substitutio of a Debt Service Reserve Fund insurance policy for funds in
the Reserve Fund supporting the out tanding City of Corpus Christi, Texas Utility System Revenue
Bonds.
ISSUE:
The City holds $10,364,730 in its D bt Service Reserve Fund as required under the various bond
covenants. The City may release th se cash reserves and replace them with an insurance policy,
thereby releasing $10,364,730 for funding capital projects. The debt service reserve requirement is
$9,407,584. The debt service reserve is now over -funded by $957,146 following the issuance of the
2003 Utility System Reserve Refunding bonds.
In the past few years, the City of (
on its new issue Utility System Re
the amount of the Bond Reserve I
to fully fund the reserve requirem(
requirement under its Revenue B(
replace it with a debt service rese
service reserve surety policy is a o
funding the Bond Reserve Fund is
municipal bonds. After the cash ]
fund Utility System capital impro
)us Christi has satisfied the Bond Reserve Fund requirements
ue Bonds by purchasing a debt service reserve surety policy in
I requirement. This eliminated the need to use bond proceeds
. The City presently has a $9,407,584 debt service reserve cash
Ordinance, but has the option to release this cash reserve and
surety policy in the same amount. The premium on the debt
ime charge and has proven to be cost effective. This method of
eptable to the municipal bond rating agencies and investors in
been removed from the Bond Reserve Fund it can be used to
)ent projects.
REQUIRED COUNCIL ACTION:
City Council approval of the resolution is required for approving the substitution of a Debt Service
Reserve Fund insurance policy for finds in the Reserve Fund supporting the outstanding City of
Corpus Christi, Texas Utility System Revenue Bonds.
PREVIOUS COUNCIL ACTION:
Series 1990 Bonds, no longer outstanding,
Series 1994 Bonds,
Series 1994-A Bonds,
Series 1995 Bonds,
Series 1995-A Bonds,
Series 1999 Bonds,
Series 1999-A Bonds,
Series 2000 Bonds,
Series 2000-A Bonds,
Series 2002 Bonds,
Series 2003 Bonds
-79-
FUNDING:
Debt Service Reserve funds will pay for the insurance policy and the remaining amount will be
available for capital improvements.
CONCLUSION AND RECOMM> NDATION:
Staff recommends that City Council approve the resolution approving the substitution of a Debt
Service Reserve Fund insurance policy for funds in the Reserve Fund supporting the outstanding
City of Corpus Christi, Texas Utility System Revenue Bonds.
Lee Ann Dumb ul
Director of Financial Services
RESOLUTION APPROVING THE SUBSTITUTION OF A DEBT SERVICE
RESERVE FUND INS CE POLICY FOR FUNDS IN THE RESERVE FUND
SUPPORTING THE OUTSTANDING CITY OF CORPUS CHRISTI, TEXAS
UTILITY SYSTEM REVENUE BONDS
THE STATE OF TEXAS
COUNTIES OF NUECES ANDAN PATRICIO
CITY OF CORPUS CHRISTI
WHEREAS, the City of Corpus Christi, Texas (the "City" or the "Issuer"), a "bome-rule" city
operating under a home -rule charter adopted pursuant to Section 5 of Article XI of the Texas Constitution,
with a population according to the latest federal decennial census of in excess of 90,000, has heretofore
issued its City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 1990 (the "Series
1990 Bonds"), its Utility System Re�enue Bonds, Series 1994 (the "Series 1994 Bonds"), its Utility System
Revenue Bonds, Series 1994-A (the "Series 1994-A Bonds"), its Utility System Revenue Bonds, Series
1995 (the "Series 1995 Bonds"), its ';Utility System Revenue Bonds, Series 1995-A (the "Series 1995-A
Bonds"), its City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds,
Series 1999 (the "Series 1999 Bondst'), its City of Corpus Christi, Texas Utility System Revenue Refunding
and Improvement Bonds, Series 1999-A, in the aggregate principal amount of $15,750,000 (the "Series
1999-A Bonds"), its City of Corpus IChristi, Texas Utility System Revenue Refunding Bonds, Series 2000
(the "Series 2000 Bonds"), its City'of Corpus Christi, Texas Utility System Revenue Refunding Bonds,
Series 2000-A (the "Series 2000-A Bonds"), its City of Corpus Christi, Texas Utility System Revenue
Refunding and Improvement Bonds,, Series 2002 (the "Series 2002 Bonds") and its City of Corpus Christi,
Texas Utility System Revenue Refunding Bonds, Series 2003 (the "Series 2003 Bonds") ; and
WHEREAS, the Series 1991,0 Bonds are no longer outstanding; and
WHEREAS, the Series 1994 Bonds, the Series 1994-A Bonds, the Series 1995 Bonds, the Series
1995-A Bonds, the Series 1999 Bonds, the Series 1999-A Bonds, the Series 2000 Bonds, the Series
2000-A Bonds, the Series 2002 Bonds and the Series 2003 Bonds are sometimes collectively referred to
herein as the "Previously Issued Priority Bonds'; and
WHEREAS, in the ordinance authorizing the issuance of the Series 1990 Bonds (the "Base
Ordinance"), the City established a reserve fund (the "Debt Service Reserve Fund") to provide additional
security for the benefit of the owners of the outstanding Previously Issued Priority Bonds; and
WHEREAS, the Base Ordinance provides that the Debt Service Reserve Fund maybe funded with
cash, Eligible Investments (as defined in the Base Ordinance), any Credit Facility, or any combination of
the foregoing ("Reserve Fund Obligations"); and
WHEREAS, the term "Credit Facility" is defined in the Base Ordinance to mean a policy of
municipal bond insurance, a surety bond or a letter or line of credit; and
am
WHEREAS, the City currently has cash on deposit in the Debt Service Reserve Fund which
has been invested in Eligible Investments that has a current value of $10,364,730; and
WHEREAS, the City in the B#se Ordinance reserved the right to replace or substitute a Credit
Facility for cash or Eligible Investm4nts on deposit in the Debt Service Reserve Fund; and
WHEREAS, City staff has recommended to the City Council that a debt service reserve fund
policy to be issued by Financial Secuty Assurance, Inc. ("FSA") be substituted for the cash that has
been invested in Eligible Investment�as hereinabove described; and
WHEREAS, FSA is an eligible "Credit Facility Provider" as such term is defined in the Base
Ordinance; and
WHEREAS, it is deemed necessary and advisable that this Resolution be adopted.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI THAT:
Section 1. The City Council approves the substitution of a Credit Facility in the form of a
debt service reserve fund policy to be obtained from FSA for cash and Eligible Investments currently
on deposit in the Debt Service Reserve Fund.
Section 2. The Credit Facility to be obtained from FSA shall be in an amount not to exceed
$9,407,583.64, which amount, together with other Reserve Fund Obligations currently on deposit
in the Debt Service Reserve Fund, shall be sufficient to enable the City to satisfy its covenant in the
Base Ordinance that the City will provide reserves in an amount equal to the average debt service
requirements for the outstanding Previously Issued Priority Bonds.
Section 3. The City Manager and the Director of Financial Services shall be and are hereby
expressly authorized, empowered and directed from time to time and at any time to do and perform
all such acts and things and to execute, acknowledge and deliver in the name and under the corporate
seal and on behalf of the City all such instruments, whether herein mentioned, as may be necessary
or desirable in order to carry out the terms and provisions of this Resolution, including, without
limitation, executing any documents to effect the issuance of a debt service reserve fund policy by
FSA such as an insurance agreement to be delivered in connection with any such debt service reserve
fund policy in substantially the form attached to the commitment of FSA to issue such debt service
reserve fund policy in substantially the form attached hereto.
Section 4. The funds withdrawn from the Debt Service Reserve Fund after the substitution
of the Credit Facility therefor shall be deposited to the credit of the "System Fund" established by the
Base Ordinance and used for the purposes permitted by the Base Ordinance.
THE STATE OF TEXAS
COUNTIES OF NUECES AND
CITY OF CORPUS CHRISTI
I, the City Secretary of said
1. The City Council of sa
JULY, 2003, at the City Hall, and
City Council, to -wit:
TE FOR RESOLUTION
PATRICIO
, hereby certify as follows:
City convened in REGULAR MEETING ON THE 8TH DAY OF
e roll was called of the duly constituted officers and members of said
Samuel L. Neal, Jr. I
Mayor
Brent Chesney,
Javier D. Colmen4,
Henry Garrett,
Councilmembers
Bill Kelly,
Rex Kinnison,
Melody Cooper,
Jesse Noyola,
Mark Scott
George K. Noe,
City Manager,
Jay Reining,
Acting City Attorney,
Lee Ann Dumbauld}
Director of Financial Services,
Armando Chapa,
City Secretary
and all of said persons were preserjt, except the following absentee: , thus constituting a
quorum. Whereupon, among other business, the following was transacted at said Meeting: a written
RESOLUTION APPROVING THE SUBSTITUTION OF A DEBT SERVICE
RESERVE FUND INSURANCE POLICY FOR FUNDS IN THE RESERVE FUND
SUPPORTING THE OUTSTANDING CITY OF CORPUS CHRISTI, TEXAS
UTILITY SYSTEM REVENUE BONDS
was duly introduced for the consideration of said City Council and read in full. It was then duly moved and
seconded that said Resolution be paslsed; and, after due discussion, said motion carrying with it the passage
of said Resolution, prevailed and carried by the following vote:
AYES:
NOES:
W --M
2. That a true, full and correct copy of the aforesaid Resolution passed at the Meeting described
in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has
been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph
is a true, full and correct excerpt from Said City Council's minutes of said Meeting pertaining to the passage
of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen,
qualified and acting officers and members of said City Council as indicated therein; that each of the officers
and members of said City Council was duly and sufficiently notified officially and personally, in advance,
of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and
considered for passage at said Meeting, and each of said officers and members consented, in advance, to
the holding of said Meeting for such purpose, and that said Meeting was open to the public and public
notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas
Government Code.
SIGNED AND SEALED the 8th day of July, 2003.
City Secretary
me
SEAL
11
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM: Motion to authc
execute a radio facility and tower h
Communications for a five year ter
December 31, 2007, and for an op
year from January 1, 2008 through
site to operate a public safety com.
City Council Action Date: 07/08/03
ee the City Manager or the City Manager's designee to
se agreement with KVOA Communications, Inc. d.b.a. KRIS
estimated at $31,559 per year from January 1, 2003 through
nal extended term of five years estimated at $36,414 per
ecember 31, 2012, for continued use as a communications
inications system.
ISSUE: The lease agreement has expired and must be renewed.
REQUIRED COUNCIL ACTION: Approval of lease agreement.
FUNDING: Funds are available through the Police operating budget, 1020- 11801
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the
agreement.
Attachments:
Background Information
am
P. Ivarez, Jr.
Chief of Police
The City of Corpus Christi 800
One Shoreline Plaza and near
give the 98% coverage require
TV Tower was originally select
signal coverage and overall sy
for the Public Safety Radio Sy,
and various other Public Safe
construction of the building pr(
D INFORMATION
Ihz radio system operates with two radio towers, on top of
obstown on the KRIS Tower. Two sites are necessary to
through the original purchase of the system. The KRIS -
I because of stringent RFP requirements regarding radio
:m range. This site has proven to be an effective location
am currently in use by the City, the RTA, Nueces County
entities. The site is well maintained and the concrete
excellent security for the equipment.
The City has had an agreement with KRIS since 1990 at an annual cost of $15,840. This
will be the first increase in the Kase since the original agreement.
This agreement covers January2003 through December 2007 at an estimated annual cost
t of $31,599 with an optional ',five years extended term from January 2008 through
December 2012 at an annual cost of $36,414.
RADIO FACILITY AND TOWER
LEASE AGREEMENT BY AND BETWEEN
tgMA CCOMMUNICATIONS, INC.
d.b.a.
S COMMUNICATIONS
AND
CITY OF CORPUS CHRISTI
:'
TABLE OF CONTENTS
DRTTrT.T' T
Section
1.01
- Leased Premises
... 1
Section
1.02
- Term...
1
Section
1.03
- Use...
1
Section
1.04
- BroadcastingPriority
and
Objection
b 1 e Interference... 2
Section
1.05 -
Relocatio
of Antennas... 4
ARTICLE II
Insurance Coverage...
8
Section
2.01
- Rental Pa�ments...
4
Section
2.02
- Rental...',
5
Section
2.03 -
Security
peposit... 5
ARTICLE III
Section 3.01 - Services and Amenities Provided by
Landlord.;. 5
Section 3.02 - Keys and Locks... 7
Section 3.03 - Graphics, ',Building Directory
And Name... 7
ARTICLE IV
Section
4.01
- Care of the Leased Premises...
7
Section
4.02
- Entry for Repairs and Inspection.
7
Section
4.03
- Nuisance.,.
7
Section
4.04
- Laws and Regulations; Rules and
Regulations of Project...
8
Section
4.05
- Legal Use and Violations of
Insurance Coverage...
8
ARTICLE V
Section
5.01 -
Initial Leasehold Improvements...
8
Section
5.02
- Repairs by Landlord...
9
Section
5.03
- Repairs by Tenant...
9
ARTICLE VI
Section
6.01
- Condemnation...
9
Section
6.02
- Damages from Certain Causes...
10
Section
6.03 -
Fire Clause...
10
Section
6.04 -
Casualty Insurance...
11
Section
6.05 -
Liability Insurance...
11
Section
6.06 -
Scope of Tenant Insurance...
11
Section
6.07 -
Hold Harmless...
11
Section
6.08 -
Waiver of Subrogation Rights...
12
i
0
ARTICLE VII
Section
7.01
- Lien For!Rent...
12
Section
7.02
- Default by Tenant...
12
Section
7.03
- Non -Waiver...
14
Section
7.04
- Holding Over...
14
Section
7.05
- Attorneysl' Fees...
14
Section
7.06
- Subordinal` ion ...
14
Section
7.07
- Estoppel Certificate or
Three -Parity Agreement...
15
ARTICLE VIII
Section
8.01
- Assignment or Sublease by Tenant.
15
Section
8.02
- Assignment by Landlord...
16
Section
8.03
- Peaceful Enjoyment...
16
Section
8.04
- Tenant's Option to terminate...
16
ARTICLE IX
Section 9.01 - Notices...
Section 9.02 - Miscellaneous...
EXHIBITS
Exhibit A - Leased Premises
-91-
RADIO FAC1ILITIES AND TOWER LEASE
THIS LEASE AGREEMENT is made �
by and between KVOA Communical
Arizona corporation (hereinafl
purposes hereof is 409 S. Stag
Corpus Christi. (Hereinafter (
hereof is Corpus Christi Poli(
Sartain, Corpus Christi, Texa:
d entered into on this 15`h day of May, 2002,
ons, Inc., d.b.a. KRIS Communications, a
r called "Landlord"), whose address for
es, Corpus Christi, Texas 78401 and City Of
lled "Tenant"), whose address for purposes
Department, attention Police Chief, 321 John
78401;
WITNESSETH:
I.
1.01 Leased Premises. Subject to and upon the terms, provisions and conditions
hereinafter set forth. Landlord goes hereby lease, demise and let to Tenant and
Tenant does hereby lease and take from Landlord those certain premises (hereinafter
called the "Leased Premises") described on Exhibit A hereto, located in the building
(the "Building") constructed by Landlord on the real property described on Exhibit A
(hereinafter called the "Land"). This Lease Agreement is subject to and subordinate
to that certain Ground Lease Agreement covering the Land among F.I. Gandy, Jr., et al
and TFS Tower Company.
1.02 Term.
(a) Subject to the provisions of Section 9.02 (i) and upon the terms ai
conditions set forth herein, or in any exhibit hereto, the term of this Lease shall
commence on the Completion Date (defined below) and shall continue for 60 months (the
"Initial Term") unless earlier terminated as provided herein. Tenant shall have the
option to extend the term of this Lease for an additional term of 60 months (the
"Extended Term"). Tenant must exercise its option to extend the term of this Lease by
giving Landlord written notice of the exercise of its option 180 days prior to the
end of the Initial Term. If the Completion Date does not fall on the first day of a
calendar month, the first month of the lease term shall be the first calendar month
immediately following the month in which the Completion Date occurs. In any event.
Tenant shall be liable for Rental, (on a pro rata basis) and any other payments
required under this Lease from the Completion Date.
(b) As used herein, "Completion Date" means January 1, 2003.
1.03 Use. The Leased Premises are to be used and occupied by Tenant
and any permitted assignees or subtenants solely for the purpose of
continuous use as a communications site only as a duly licensed and
operating public safety communications system for itself and other
governmental entities and for no other purpose, except as consented to in
writing by Landlord. As a material inducement to Landlord to enter into and
continue this Lease, Tenant covenants and agrees to construct, install,
maintain, and operate its communications system in accordance with good
engineering practices and in accordance with all legal requirements.
1
-92-
1.04 Broadcasting Priority and Objectionable Interference.
(a) During the term of this Lease, Landlord shall protect
ant's radio communications equipment (as defined in Section 3.01(a))
pals from Objectionable Interference (as described below) from any
television, radio or other telecommunications transmitting or receiving
facility operating from the leased Premises to the extent provided herein.
(b) Tenant recognkzes that Landlord and other tenants or
licensees of Landlord (hereinafter "User" or "Users") will be using the
Leased Premises for the purpose of broadcasting their communications
signals. This section contains certain provisions applicable to all Users
of the Leased Premises. Each agreement between Landlord and any User shall
contain the agreement of such User, expressed to be for the benefit of and
enforceable by Landlord, Tenant and other users, to accept and be bound by
the provisions of this section. Tenant hereby agrees to accept and be bound
by such provisions, its agreement being for the benefit of and enforceable
by the Landlord and each other User. Landlord hereby agrees to accept and
be bound by the provisions of this section in the same manner as if it were
a User, its agreement being for the benefit of and enforceable by Tenant and
each other User.
(c) The licensee of KRIS -TV, Corpus Christi, Texas shall be
considered a "Priority Broadcaster." In addition, (i) Landlord with respect
to subsequently obtained broadcast licenses, if any, and (ii) tenants, who
are the licensees of KLUX (FM), Robstown, Texas, KLTG (FM), Corpus Christi,
T— as and KWVS (FM), Kingsville, Texas shall be eligible to become Priority
sdcasters if at the time such tenant begins transmitting or receiving its
communications signals no Objectionable Interference is caused to the
signals of existing Priority Broadcasters for a continuous period of thirty
days following the date such tenant begins transmitting or receiving its
signals. All other Users shall be considered "Secondary Broadcasters."
(d) If the operations of any Secondary Broadcaster cause
Objectionable Interference to a Priority Broadcaster's communications
signals, Landlord shall, upon written request of such Priority Broadcaster,
immediately cause the operation causing the Objectionable Interference to
cease and, if necessary, shall remove the equipment causing the
Objectionable Interference, pending correction of the condition causing the
Objectionable Interference. If Tenant's operation is causing Objectionable
Interference to a Priority Broadcaster, Tenant shall immediately cease its
operation and, if necessary, in the sole opinion of Landlord, shall remove
any equipment of Tenant causing such interference, pending correction of the
condition causing the Objectionable Interference.
(e)"Objectionable Interference" to a Priority Broadcaster's
communications signals shall be deemed to exist if:
(i) a determination to that effect is made by an authorized
representative of the Federal Communication Commission or any
other governmental body having jurisdiction, or
-93-
(ii) a condition exists which constitutes interference
under the Rules and'Regulations of the Federal Communications
Commission or such other governmental body at that time in
effect, or
(iii) there i a perceptible impairment of the quality of a
Priority Broadcaste 's communications signals in any portion of the
protected service area of such signals (as such area is or may be
defined by the Federal Communications Commission) at any hour
during the period of such Priority Broadcaster's operation as
compared with the quality of signals that would be obtained if no
other tenant, broadcaster, or licensee were operating from the
Tower or had any equipment on the Tower, or
(iv) a Priority Broadcaster is prevented from using or
having access to it� equipment, it being understood that a
reasonable temporary interference which does not materially
interfere with the operation or maintenance of a Priority
Broadcaster's equipment and which is occasioned by the installation
of new equipment by another tenant or by repaired to or maintenance
of existing equipment of another tenant shall not be considered
Objectionable Interference.
(e) In the event the Broadcasters cannot agree on the cause of the
Objectionable Interference, as provided in paragraph 1.04(d) above, the
matter shall be referred to and decided by a panel of three arbitrators,
none of whom is in the employ of any of the Broadcasters or of any company
controlling, controlled by or under common control with any Broadcaster.
Landlord and the Broadcaster experiencing the Objectionable Interference
shall each select one arbitrator, and the two arbitrators so selected shall
designate the third arbitrator. The decision of a majority of three
arbitrators so selected shall be accepted by and shall be binding upon all
Users. The expense of such arbitration shall be paid by the Broadcasters as
determined by the arbitrators.
(f) The provisions of this Section for protection against
Objectionable Interference are of the essence of the Lease between Landlord
and Tenant. It is agreed that Objectionable Interference will or may result
in immediate and irreparable loss and damage to a Priority Broadcaster and
money damages in an action law cannot fully compensate a Priority
Broadcaster for any such loss or damage. Accordingly, in the case of
Objectionable Interference, any Priority Broadcaster will be entitled to
appropriate injunctive and other equitable relief.
(g) If in any case of Objectionable Interference to Tenant's radio
signals, it is determined that factors external to the operations of users
of the Leased Premises are creating such Objectionable Interference, and if
Landlord is unable to cure the problem, then Tenant, at its option, may
terminate this lease upon six months prior written notice without any
further liability or obligation to the Landlord.
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(h) If, during thelterm of this Lease, Tenant is unable to
idcast from the Leased Premises because a construction permit issued by
t_ Federal Communications Commission shall be withdrawn or modified, or a
license necessary to operate lits equipment for the transmission of its radio
signal shall not be issued, o if issued, shall be terminated or modified by
governmental authority, and T nant shall have used his best efforts to
comply with the orders of gov rnmental authority in order to continue its
operations from the Leased Premises, then Tenant shall have the right to
terminate this Lease without any further obligation or liability to
Landlord.
1.05 Relocation of Anten as. Landlord reserves the right to relocate
Tenant's antennas, at Landlord's expense, as required for the continued
operation of Landlord's businjess including, but not limited to, the
implementation of High Definition Television (HDTV) as required by the
Federal Communications Commission. If Landlord finds it necessary to
relocate Tenant's antennas to,a lower position on the tower the rent will be
adjusted on a pro rata basis using a formula wherein the numerator is the
rent in effect at the time of the move and the denominator is the current
height of the antenna on the tower. If tenant finds the new location on the
tower to be unacceptable for any reason, tenant's sole remedy shall be the
right to terminate this lease without any further obligation or liability to
L_ndlord.
II.
2.01 Rental Payments.
(a) Commencing on the Completion Date and continuing thereafter
throughout the full term of this Lease, Tenant hereby agrees to pay to
Landlord the Rental (defined below) together with any and all other amounts
becoming due hereunder which shall be deemed to be additional rental. The
Rental shall be due and payable in advance and without notice or demand on
the first day of each calendar month during the initial term of this Lease
and any extensions or renewals hereof, and Tenant hereby agrees to so pay
such rent to Landlord at Landlord's address as provided herein (or such
other address an may be designated by Landlord from time to time).
(b) If the term of this Lease commences on other than the first day of
a calendar month or terminates on other than the last day of a calendar
month, then the installments of Rental for such month or months shall be
prorated and the installment or installments so prorated shall be paid in
advance. The payment for such prorated month shall be calculated by
multiplying the monthly payment by a fraction, the numerator of which shall
be the number of days of the Lease term occurring during said commencement
or termination month, as the case may be, and the denominator of which shall
be the number of days in such month.
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(c) Tenant shall pay al rent and other sums of money as shall become
due from and payable by Tenan to Landlord under this Lease at the times and
in the manner provided in this Lease, without demand, set-off or
counterclaim. All rent and other sums of whatever nature owed by Tenant t
Landlord under this Lease mor: than 10 days past due shall bear interest
from the date due until paid t the maximum lawful contract rate per annum.
2.02 Rental. The Rentallfor each month during the Initial Term of this
Lease shall be $2,629.90 as d scribed in Exhibit "B". The rental for each
month during the Extended ter of this Lease shall be $3,034.50 as described
in Exhibit "B".
2.03 Security Deposit. hereby agrees to pay in cash to Landlord
$1.00 as a security deposit o the date this Lease is executed by Tenant.
Upon the occurrence of any evJenant
nt of default by Tenant, Landlord may, from
time to time, without prejudi e to any other remedy, use the security
deposit paid to Landlord by T nant to the extent necessary to make good any
arrears of rent or to pay any,sums owed to Landlord pursuant to this Lease
or any damage, injury, expense or liability caused to Landlord by any event
or default. The security deposit shall not be considered an advance payment
by Tenant. Tenant shall not ieceive any interest on the security deposit,
and Landlord may commingle the same with other monies of Landlord. If
Landlord shall ever use the security deposit to pay the sums described
above, and if this Lease has not terminated, Tenant shall immediately
deposit with Landlord an additional security deposit equal to the amount so
used. Landlord may assign and deliver the security deposit to any purchases
of Landlord's interest in this Lease or the Building without Tenant's
approval, and the Landlord shall thereupon be released and discharged from
any and all obligations and liabilities related to the security deposit.
After such transfer, Tenant shall look only to such purchaser for any
recovery of the security deposit to which Tenant is entitled. In the event
of any permitted assignment of this Lease by Tenant in accordance with the
provisions hereof, Landlord shall not be required to return the security
deposit to Tenant, but only t0 Tenant's permitted assignee.
III
3.01 Services and Amenities Provided by Landlord. Except for the following,
Landlord shall not be responsible for providing any services or amenities to Tenant
whatsoever:
(a) Radio Communications Tower. Landlord has constructed a 1049 -
foot (above mean sea level) communications tower (the "Tower") within 80
feet of the Building. Landlord shall also provide Tenant with space on the
Tower adequate, as reasonably determined by Tenant and Landlord, for the
installation of Tenant's radio communication equipment as described in
Exhibit "A". Installation and maintenance of Tenant's radio communication
equipment shall be the sole responsibility of Tenant. Tenant shall obtain
the written approval of Landlord prior to undertaking the installation of
any equipment. Landlord's approval shall not be unreasonably withheld. Al
frequencies use by tenant are described in Exhibit "C". Tenant shall not u_
any other frequencies without prior written consent of Landlord.
5
T.
(b) Electrical Service. Landlord has caused Central Power and
L yht Company to bring electr cal service to the Building. Except for the
foregoing, Tenant shall be re ponsible for obtaining electrical service to
Tenant's radio communications equipment. Landlord shall have no
responsibility or liability t Tenant, or to any customers of Tenant, for
damages or interruption of se vice, except for losses or damages resulting
solely from Landlord's neglig nce, gross negligence or willful misconduct.
(c)Auxiliary Genera or. Landlord may, but is not required to,
install an auxiliary generato , which may be available for use by Tenant in
the event of loss or electrical service. Landlord may, but is not required
to, offer use of such auxilia y generator service to Tenant at such
additional cost to Tenant as andlord may reasonably deem appropriate.
Tenant may, but shall not be equired, to elect to use such service at such
additional cost. In the even -,Landlord permits and Tenant elects to use its
auxiliary generator, Tenant a6rees to use such generator at Tenant's risk
and hereby agrees to waive aq and all claims against Landlord for any
damages Tenant may incur in connection with the use of such generator
including, but not limited toy damages resulting from electrical surges and
electrical shorts, unless such damages are caused solely by Landlord's
negligence, gross negligence pr willful misconduct. Tenant, at Tenant's
expense, may install and provpde its own generator for its own use.
Landlord agrees to allow Tenant to install a platform outside the Leased
uses to accommodate Tenant's generator subject to Landlord's prior
i _sonable approval of the location of such platform.
To the extent the services described above require electricity and water
supplied by public utilities, Landlord's covenants thereunder shall (except
as required in Section 3.01 (b)) only impose on Landlord public utilities to
furnish the same. Failure by Landlord to furnish the services described in
this Section (other than of the Tower facilities (including the platform) as
provided in Section 3.01 (a) above and the provisions of electrical service
as provided in Section 3.01 (b) to any extent, or any cessation thereof,
shall not render Landlord liable in any respect for damages to either person
or property, be construed as an eviction of Tenant, work an abatement of
rent or relieve Tenant from fulfillment of any covenant or agreement hereof
unless said failure or cessation was caused solely by Landlord's negligence,
gross negligence or willful misconduct. In addition to the foregoing, if the
Tower or any equipment to be provided by Landlord breaks down, or for any
cause ceases to function properly, Tenant shall have no claim for rebate of
rent or damages on account of an interruption in service occasioned thereby
or resulting therefrom unless said failure or cessation was caused solely by
Landlord's negligence, gross negligence or willful misconduct. Landlord
agrees to use reasonable efforts to repair said equipment or machinery at
its expense and to promptly restore said services within five (5) days.
Tenant's rental (computed on a daily basis) shall abate for each day
,eafter until said services are restored.
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3.02 Keys and Locks. Al corridor doors entering the Leased Premises
shall be equipped with the to k set specified by Landlord, which lock set
will be compatible with Landlord's pass key. Keys for such lock set for
Tenant's employees will be furnished by Tenant at Tenant's expense. No
additional locks shall be all wed on any door of the Leased Premises without
Landlord's permission. Upon ermination of this Lease, Tenant shall
surrender to Landlord all key to any locks on doors entering or within the
Leased Premises, and give to andlord the explanation of the combination of
all locks for safes, safe cab -nets and vault doors, if any, in the Leased
Premises.
3.03 Graphics, Buildin irectory and Name. Landlord shall provide and
install at Tenant's expense a 1 letters or numerals on entrance doors to the
Leased Premises. All such le ters and numerals shall be in standard
graphics chosen by Landlord a0d approved by Tenant, which approval shall not
be unreasonably withheld. No, signs, numerals, letters or other graphics
shall be used or permitted on the exterior of, or which may be visible from
outside, the Leased Premises, unless previously approved in writing by
Landlord.
IV
4.01 Care of the Leased Premises. Tenant shall not commit, or allow tc
be committed, any waste or damage to any portion of the Leased Premises or
the Building, and at the termination of this Lease, by lapse of time or
otherwise, Tenant shall deliver up the Leased Premises to Landlord in as
good condition as existed on the date of possession by Tenant, ordinary we,
and tear excepted. Upon such termination of this Lease, Landlord shall have
the right to re-enter and resume possession of the Leased Premises.
4.02 Entry for Repairs apd Inspection. Tenant shall permit Landlord
and its contractors, agents or representatives to enter into and upon any
part of the Leased Premises at all reasonable hours to inspect or clean the
same, make repairs, alterations or additions thereto, show the same to
prospective tenants or purchasers within one hundred twenty (120) days of
the end of the term of this Lease or for any other purpose as Landlord may
deem necessary or desirable.
4.03 Nuisance. Tenant shall conduct its business and visitors in such
manner as not to create any nuisance, or interfere with, annoy or disturb
any other tenant or Landlord.
7
M.
4.04 Laws and RegulatioLO Rules and Regulations of Project. Tenant
shall comply with, and Tenant'sha11 cause its visitors, employees,
ractors, agents and invitees to comply with, all laws, ordinances,
o_..ers, rules and regulations of any state, federal, municipal or other
governmental agency or body hving any jurisdiction relating to the use,
condition or occupancy of the Leased Premises and with all rules and
regulations of the Building reasonably adopted and altered by Landlord from
time to time for the safety, dare and cleanliness of the Leased Premises and
the Building and for preserva ion of good order therein. The adoption of
such rules and regulations sh ll be subject to the consent of Tenant, which
shall not be unreasonably wit held. Landlord shall at its expense maintain
the Tower and other equipment to be provided by Landlord so as to comply
with all applicable federal, state, and local laws, rules, and regulations,
including without limitation,'those imposed by the Federal Communications
Commission, the Federal Aviat�on Administration, and any other governmental
authority having jurisdiction over the operation of the Tower and associated
equipment.
4.05 Legal Use and Viola
ons of Insurance Cover
_Tenant shall not
occupy or use the Leased Premises, or permit any portion of the Leased
Premises to be occupied or used, for any business or purpose which is
unlawful, disreputable or deemed to be hazardous on account of fire or other
hazards, or permit anything to be done which would in any way increase the
rate of fire or liability or any other insurance coverage on the Building
and/or its contents other than using the Leased Premises and the Building
the purposes contemplated by this Lease Agreement.
u
5.01 Initial Leasehold Improvements.
(a) In preparing the Leased Premises for occupancy by Tenant,
Landlord shall construct the initial leasehold improvements in and about the
Leased Premises in the manner set forth in certain drawings and
specifications, copies of which have been made available for review by
Tenant.
(b) Tenant shall not make or allow to be made (except as otherwise
provided in this Lease) any material alterations or physical additions
(including fixtures) in or to the Leased Premises, or place safes, vaults or
other heavy furniture or equipment within the Leased Premises, without first
obtaining the written consent of Landlord which shall not be unreasonably
withheld. Tenant shall deliver to Landlord a copy of the "as -built" plans
and specifications for all alterations or physical additions made in or to
the Leased Premises.
(c) All alterations, physical additions or improvements in or to
the Leased Premises (including fixtures) shall, when made, become the
Derty of the Landlord and shall be surrendered to Landlord upon
L._ minaticn of this Lease, whether by lapse of time or otherwise; provided,
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however, this clause shall no apply to movable equipment, removable trade
fixtures, furniture or other ersonal property owned by Tenant and installed
or placed in the Leased Premi es.
(d) Tenant and Landlord each ("Indemnitor") hereby agree to
indemnify and hold harmless tie other party ("Indemnitee") from and against
all costs (including attorney ' fees and costs of suit), losses, liabilities
or causes of action arising o t of or relating to any alterations, additions
or improvements made byIndem itcr to the Leased Premises, including but not
limited to any mechanic's or aterialmen's liens asserted in connection
therewith.
(e) Should any mechnic's or other liens be filed against any
portion of the Building by re son of Indemnitor's acts or omissions or
because of a claim against In emnitor or Indemnitor's contractors,
subcontractors, employees or gents, Indemnitor shall cause the same to be
canceled or discharged of rec rd by bond or otherwise within ten (10) days
after notice by Indemnitee. f Indemnitor shall fail to cancel or discharge
said lien or liens, within said ten-day period, Indemnitee may, at its sole
option, cancel or discharge tie same and upon Indemnitee's demand,
Indemnitor shall promptly reimburse Indemnitee for all costs incurred in
canceling or discharging such', liens. Landlord shall have the same remedies
for recovering such costs from Tenant as Landlord has for the collection of
rent hereunder.
5.02 Repairs by Landlord All repairs, alterations or additions whicl—.
affect the Building's structural components or major mechanical, electrics
or plumbing systems shall be made by Landlord or its contractor only, and,
in the case of any damage to Such components or systems caused by Tenant or
Tenant's agents, contractors, employees, invitees or visitors, such repairs
shall be paid for by Tenant in an amount equal to Landlord's costs. Unless
otherwise stipulated herein, Landlord shall not be required to make any
improvements to or repairs of any kind or character to the Leased Premises
during the term of this Lease, except such repairs as are reasonably
necessary for normal maintenance operations.
5.03 Repairs by Tenant. Subject to Sections 5.02 and 6.06, Tenant
shall at its own cost and expose, repair or replace any damage or injury
done to its leasehold improvements or any part thereof caused by Tenant or
Tenant's agents, contractors, employees, invitees or visitors. If Tenant
fails to make such repairs or replacements to its leasehold improvements
promptly, Landlord may, at its option, make such repairs or replacements,
and Tenant shall repay the cost thereof to the Landlord on demand.
VI.
6.01 Condemnation. If the Tower or more than twenty-five percent (250) of
the Leased Premises shall be permanently taken or condemned for any public
purpose, this Lease shall, at the option of either party, forthwith cease s
and terminate as of the date of such condemnation or taking. In addition,:
in the event more than twenty-five percent (25%) of the Building is taken
Q
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condemnation and Landlord sha�l decide to discontinue the use or operation
of the Building or to demolish, alter or rebuild the same as a result
1 eof, either party shall have the right, but not the obligation, to
to minate this Lease by giving the other party written notice thereof within
sixty (60) days after receiving final notice of such taking, such
termination to be effective ao of the last day of the calendar month next
following the month in which such termination notice is given to Tenant.
Except as provided in the previous two sentences, this Lease shall continue
in full force and effect and the rental shall be proportionately reduced.
All proceeds payable to either or both parties to this Lease from any taking
or condemnation of the Lease remises shall belong to and be paid solely to
Landlord except for those proceeds pertaining to Tenant's property which
shall be paid to Tenant.
6.02 Damages from Certain Causes. Neither Landlord nor Tenant shall be
liable or responsible to each other for any loss or damage to any property
or person occasioned by thefto fire, act of God, public enemy, injunction,
riot, strike, insurrection, war, court order, requisition or order of
governmental body or authority, or any cause beyond Landlord's or Tenant's
control, or for any damage or inconvenience which may arise through repair
or alteration of any part of the Building unless such repairs or alterations
are performed by Landlord or Tenant in an irresponsible manner or such
damage is caused solely by Landlord's or Tenant's negligence, gross
negligence or willful misconduct.
6.03 Fire Clause. In the event of a fire or other casualty in the
L --sed Premises, Tenant shall immediately give notice thereof to Landlord.
If the Leased Premises, through no fault or neglect of Tenant, its agents,
employees, invitees or visitors, shall be partially destroyed by fire or
other casualty so as to render the Leased Premises untenantable in whole or
in part, the rental provided for therein shall abate thereafter as to the
portion of the Leased Premises rendered untenantable until such time as such
portion(s) of the Leased Premises are made tenantable as reasonably
determined by Landlord and Tenant. In the event such destruction will
result in the Leased Premises being untenantable in whole or in substantial
part for a period reasonably estimated by a responsible contractor selected
by Landlord to be sixty (60) days or longer, or in the event of total or
substantial damage or destruction of the Leased Premises or the remainder of
the Building from any cause and if Landlord shall elect not to rebuild, then
in either event all rent owed up to the time of such destruction shall be
paid by Tenant and thenceforth this Lease shall cease and come to an end,
and all rent paid subsequent to the date of destruction shall be promptly
refunded to Tenant. Landlord shall give Tenant written notice of its
decisions, estimates or elections under this Section within fifteen (15)
days after any such damage or destruction. If the Leased Premises shall be
damaged by fire or other casualty resulting from the fault or negligence of
Tenant or Tenant's agents, employees, licensees or invitees, Tenant agrees
to pay for the repair of such damage to the extent of the lesser of (i) the
ictible amount of Landlord's casualty insurance or (ii) $20,000(increased
e, -n year by the amount of inflation during the year as measured by
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the U.S. Consumer Price Index)I-
6.04 Casualty Insurance.) Landlord shall, at its cost, maintain
standard fire and extended coverage insurance on the Building (excluding —
leasehold improvements) and the Tower and related equipment owned by
Landlord. Said insurance sha1 be maintained with an insurance company
authorized to do business in exas, in amounts reasonably determined by
Landlord to cover the replace ent value of such property. Payments for the
losses thereunder shall be male solely to Landlord. Tenant shall maintain
at its expense standard firend extended coverage insurance on all of its
personal property, including removable trade fixtures, located in the Leased
Premises and on its leasehold improvements and all other additions and
improvements (including fixtures) made by Tenant and not required to be
insured by Landlord above. L ndlcrd agrees to provide Tenant with
certificates describing the insurance to be maintained by Landlord pursuant
to this Section.
6.05 Liability Insurance Tenant shall maintain a policy or policies
of comprehensive general liability insurance with the premiums thereon fully
paid on or before the due dat@s, issued by and binding upon an insurance
company reasonably satisfactory to Landlord, such insurance to afford
minimum protection (which may be affected by primary and/or excess coverage)
of not less than $1,000,000 fpr personal injury or death in any one
occurrence and of not less than $500,000 for property damage in any one
occurrence.
6.06 Scope of Tenant Insur ince. Tenant's insurance policies or duly execute.d-
certificates thereof, together with satisfactory evidence that the premium has bee
paid, shall be deposited with Landlord on the Completion Date, and thereafter,
evidence of continuing insurance and premium payment shall be delivered to Landlord
not less than thirty (30) day prior to the expiration of each policy required to be
in force hereunder. All insurance carried by Tenant shall be in form satisfactory
to Landlord, shall show Landlord as an additional named insured as its interest may
appear, and shall provide that the policy shall not be subject to cancellation,
termination or change except after at least ten (10) days prior written notice to
the Landlord and to any mortgagee to whom a loss thereunder may be payable. If
Tenant fails to maintain the required insurance, Landlord may, but shall not be
obligated to, obtain such insurance and Tenant shall pay Landlord the premium upon
demand.
6.07 Hold Harmless. Landlord shall not be liable to Tenant, its agents,
servants, employees, contractors, customers or invitees for any damage to person or
property caused by any act, omission or neglect of Tenant, its agents, servants or
employees, and Tenant agrees to indemnify, defend, and hold Landlord harmless from
all liability and claims for any such damage. Tenant shall not be liable to
Landlord, or to Landlord's agents, servants, employees, contractors, customers or
invitees for any damage to person or property caused by any act, omission or neglect
of Landlord, its agents, servants or employees, and Landlord agrees to indemnify,
defend, and hold Tenant harmless from all liability and claims for such damage.
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6.08 Waiver of Subrogation �ights. Anything in this Lease to the contrary
r ithstanding, Landlord and Tenant each hereby waives any and all rights of
r, very, claim, action or cause of action, against the other, its agents, servants,
partners, shareholders, officers 'or employees, for any loss or damage that my occur
to the Leased Premises or the Building, or any improvements thereto, or any personal
property of such party therein, by reason of fire, the elements or any other cause
which could be and actually is insured against under the terms of the standard fire
and extended coverage insurance olicies referred to in Section 6.04 hereof,
regardless of cause or origin, i1cluding negligence of the other party hereto, its
agents, officers, partners, sham holders, servants or employees, and covenants that
no insurer shall hold any right o subrogation against such other party.
VII
7.01 Lien for Rent. In consideration of the mutual benefits arising under this
Lease, Tenant hereby grants to Indlord a lien and security interest on all property
of Tenant now or hereafter place in or upon the Leased Premises, and such property
shall be and remain subject to such lien and security interest of Landlord for
payment of all rent and other sums agreed to be paid by Tenant herein except for
such property Tenant is prohibited by law from encumbering. The provisions of this
Section relating to said lien and security interest shall constitute a
security agreement under the Uniform Commercial Code as then in effect in
the State of Texas so that Landlord shall have and may enforce a security
interest on all property of Tenant now or hereafter placed in or on the
Leased Premises by Tenant. Tenant agrees to execute as debtor such
'ancing statement or statements as Landlord may now or hereafter
sonably request in order that such security interest or interests may be
protected pursuant to said Code. Landlord may, however, at its election at
any time file a copy of this Lease as a financing statement. Landlord, as
secured party, shall be entitled to ail of the rights and remedies afforded
a secured party under said Code in addition to and cumulative of the
Landlord's liens and rights provided by law or by the other terms and
provisions of this Lease. Landlord agrees to subordinate its lien to any
vendor or lender providing financing to Tenant in connection with its
operation on the Leased Premises, so long as Tenant is not in default of
this Lease at the time of the requested subordination.
7.02 Default by Tenant. If (a) default shall be made in the payment of
any sum to be paid by Tenant under this Lease and such default shall
continue for ten (10) days after written notice to Tenant, (b) default shall
be made in the performance of any of the other covenants or conditions which
Tenant is required to observe and to perform and such default shall continue
for thirty (30) days after written notice to Tenant, (c) the interest of
Tenant under this Lease shall be levied on under execution or other legal
process, (d) any petition shall be filed by or against Tenant to declare
Tenant bankrupt or to delay, reduce or modify Tenant's debts or obligations
and such petition shall not be discharged within ninety (90) day after the
filing thereof, (e) Tenant is declared insolvent according to law, (f) any
ignment of Tenant's property shall be made for the benefit of creditors,
a receiver or trustee is appointed for Tenant or its property, (h)
Tenant shall vacate or abandon the Leased Premises or any part thereof for
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a continuous period in excess of ten (10) days during the term of this Lease
or any renewals or extensions thereof (i) Tenant is a corporation and Tenant
shall cease for a period of a least sixty days to exist as a corporation in
good standing in the state of its incorporation or if Tenant is a
partnership or other entity and Tenant shall be dissolved or otherwise
liquidated, or (j) if any guarantor of the Lease shall default under or
repudiate or revoke such guar my or any obligation thereunder, or if any of
the events described in this ection become applicable with respect to such
guarantor, then, in any such vent, Landlord may (but is not required to)
treat the occurrence of any o e or more of the foregoing events as a breach
of this Lease and thereupon, t Landlord's option, may have any one or more
of the following described re edies in addition to all other rights and
remedies provided at law or i equity:
(I) Landlord may terminate this Lease and repossess the Leased
Premises and be entitled to recover as damages a sum of money equal to
the total of (a) the reasonable costs of recovering the Leased Premises
(including reasonable attorneys' fees and costs of suit), (b) the
unpaid rent earned at the time of termination, plus interest thereon at
the rate described in this Lease for due but unpaid rental, (c) the
present value (based on 4 discount rate of eight percent (8°s) per
annum) of the balance of,the rent for the remainder of the term less
the then fair market vai4e of the right to lease the Leased Premises
for the remainder of the, term, and (iv) any other sum of money and
damages owed by Tenant to Landlord.
(ii) Landlord may terminate Tenant's right of possession (but nr�,
this Lease) and may repossess the Leased Premises by forcible entry
detainer suit or otherwise, without thereby releasing Tenant from any
liability hereunder and without demand or notice of any kind to Tenant,
in which event Landlord may, but shall be under no obligation to do so,
relet all or any portion of the Leased Premises as may be reasonably
necessary or desirable, and charge all such reasonable costs to
Tenant's account. If Landlord shall fail or refuse to relet the Leased
Premises or if all or a portion of the Leased Premises are relet and a
sufficient sum shall not be realized from such reletting (after first
deducting therefrom, for retention by Landlord, the unpaid rent, due
hereunder earned but unpaid at the time of such reletting plus interest
thereon at the rate specified in this Lease for due but unpaid rental,
the cost of recovering possession, including reasonable attorney's fees
and costs of suit, all of the reasonable costs and expenses of any
decorations, repairs, changes, alterations and additions, all other
reasonable expenses of such reletting and the cost of collection of the
rent accruing therefrom) to satisfy the rent provided for in this Lease
to be paid by Tenant, then Tenant shall pay to Landlord as damages a
sum equal to such rent plus all of such reasonable costs incurred by
Landlord less any amounts received by Landlord for such reletting. Any
such payments due Landlord shall be made upon demand therefor from time
to time and Tenant agrees that Landlord may file suit to recover any
sums falling due under the terms of this Section from time to time.
1 �
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delivery to or recovery by Ladlord of any portion due Landlord hereunder
shall be any defense in any a tion to recover any amount not therefore
reduced to judgement in favor of Landlord, nor shall such reletting be
trued as an election on the part of Landlord to terminate this Lease
u.__ess a written notice of such intention be given to Tenant by Landlord.
Notwithstanding any such rele�ting without termination, Landlord may at any
time thereafter elect to term nate this Lease for such previous breach.
7.03 Non -Waiver. Failu e of Landlord to declare any default
immediately upon occurrence hereof, or delay in taking any action in
connection therewith, shall n�t waive such default, but Landlord shall have
the right to declare any such default at any time and take such action as
might be lawful or authorizedhereunder, either in law or in equity.
Acceptance of late rental payment by Landlord shall not waive the
requirement that timely payment of rental be made in the future.
7.04 Holding Over. In the event of holding over by Tenant after expiration
or termination of this Lease without the written consent of Landlord, Tenant shall
pay as liquidated damages double rent (including all Rental then payable as
described in this Lease for the entire holdover period). No holding over by Tenant
after the term of this Lease shall be construed to extend this Lease; in the event
of any unauthorized holding over, Tenant shall also indemnify Landlord against all
claims for damages by any other tenant to whom Landlord may have leased all or any
part of the Leased premises effective upon the termination of this Lease. Any
holding over with the consent of Landlord in writing shall thereafter constitute
Lease a lease from month to month at the Rental payable during the month
1. -eding the commencement of the holding over.
7.05 Attorneys Fees. In the event either party defaults in the performance of
any of the terms, agreements or conditions contained in this Lease and the other
party places the enforcement of this Lease, or any part thereof, or the collection
of any rent due or to become due hereunder, or recovery of the possession of the
Leased Premises, in the hands of an attorney who files suit upon the same, and
should such non -defaulting party prevail in such suit, the defaulting party agrees
to pay the other party's reasonable attorney's fees.
7.06 Subordination. Tenant agrees that, upon the request of Landlord made in
writing, Tenant will subordinate this Lease to each ground or land lease, if any,
now or hereafter covering all or any part of the Land and to each mortgage or deed
of trust which may now or hereafter encumber the Building and/or the Land, as well
as to all renewals, modification, consolidations, replacements and e:3tensions
thereof. In the event of the enforcement by the Landlord under any such ground or
land lease or the trustee or the beneficiary under any such mortgage or deed or
trust of the remedies provided for by law or by such land or ground lease, mortgage
or deed of trust, Tenant will, upon request of any person or party succeeding to the
interest of said Landlord, trustee or beneficiary, as a result of such enforcement,
automatically become the Tenant of such successor in interest without change in the
terms of provisions of this Lease. Upon request by such successor in interest,
ant shall ei:ecute and deliver an instrument or instruments confirming the
14
-105-
attornment herein provided for.
7.07 Estoppel Certificate of Three -Party Agreement. At either party's request,
the other party will execute, from time to time, either an estoppel certificate or a.
three -party agreement among both parties, and any third party dealing with the
requesting party certifying to such facts (if true) and agreeing to such notice
provisions and other matters assuch third party may reasonably require in
connection with the business dealings of the requesting party and such third party.
001
8.01 Assignment or Suble se by Tenant. Tenant shall not, without the
prior written consent of Land ord, assign, mortgage, pledge, encumber or
otherwise transfer this Lease',or any interest herein, or sublet the Leased
Premises or any part thereof. ',Notwithstanding anything contained in this
Section 8.01 to the contrary, Landlord agrees to consent to an assignment of
the entire lease in connection with the sale by Tenant of its radio station
and in the event of such assignment, no further liability or obligation
shall thereafter accrue againot Tenant hereunder. In addition, Landlord
agrees to consent to a mortgage or pledge of the Lease by Tenant in
connection with loans obtained by Tenant for the operation of its radio
station. Landlord does not intend to consent to any sublease unless all
payments under the sublease are made directly to Landlord and Landlord is
given the right to deal direc�ly with the subtenant. In the event Tenant
should desire to assign this Lease or sublet the Leased Premises or any part
thereof, Tenant shall give Landlord written notice (which shall specify tr
duration and terms of said proposed sublease or assignment and the
identification of the proposed assignee or subtenant, together with proof of
its financial responsibility) of such desire at least twenty (20) days in
advance of the date on which Tenant desires to make such assignment or
sublease. Landlord shall then have a period of twenty (20) days following
receipt of such notice within which to approve or disapprove in writing such
assignment or sublease. If Landlord should fail to notify Tenant in writing
of such election within said twenty (20) day period, Landlord shall be
deemed to have consented to such sublease or assignment. Each subtenant or
assignee shall fully observe all covenants of this Lease, including without
limitation, the provisions of this Lease dealing with the use of the Leased
Premises, and no consent by Landlord to an assignment or sublease shall be
deemed in any manner to be the consent to a use not permitted under the
terms of this Lease. Except for assignments of this Lease by Tenant as
permitted by this Section 8.01, no assignment or subletting by Tenant shall
relieve Tenant of any obligation under this Lease, and Tenant shall remain
fully liable hereunder. Any attempted assignment or sublease by Tenant in
violation of the terms and covenants of this Section shall be void. Any
consent by Landlord to a particular assignment or sublease shall not
constitute Landlord's consent to any other or subsequent assignment by a
subtenant of Tenant shall be subject to the provisions of this Section as if
it were a proposed sublease or assignment by Tenant. Tenant's lease of an
aural subcarrier shall not be considered a sublease hereunder.
15
-106-
8.02 Assignment by Landl rd. Landlord shall have the right, without
the consent of Tenant, to trasfer and assign, in whole or in part, all its
rights and obligations hereun er and in and to all or any portion of the
F ding and/or the Land and all other property referred to herein, and in
s�-n event and upon such transfer no further liability or obligation shall
thereafter accrue against Landlord hereunder.
8.03 Peaceful Enjoyment.! Landlord covenants that Tenant shall and may
peacefully have, hold and enjoy the Leased Premises, subject to the other
terms hereof, provided that Tenant pays the rental and other sums herein
recited to be paid by Tenant and performs all of Tenant's covenants and
agreements herein contained.
8.04 Tenant's Option to�Terminate. Tenant may terminate this Lease
prior to the end of the then 'current Term by giving Landlord six (6) months
prior written notice.
IX.
9.01 Notices. Any notice or other communications to Landlord or Tenant
required or permitted to be given under this Lease (and copies of the same
to be given to the parties as below described) must be in writing and shall
be effectively given if delivered to the addresses for Landlord and Tenant
stated above or if sent by United States Mail, certified or registered,
return receipt requested, to said addresses. Any notice mailed shall be
deemed to have been given on the third regular business day next following
the date of deposit of such item in a depository of the United States Postal
Tice. Notice effected other than by mail shall be deemed to have been
g -✓en at the time of actual delivery. Either party shall have the right to
change its address to which notices shall thereafter be sent by giving the
other notice thereof.
9.02 Miscellaneous.
(a) This Lease shall be binding upon and inure to the benefit of
the successors and assigns of Landlord, and shall be binding upon and inure
to the benefit of Tenant, its successors, and, to the extent assignment may
be approved by Landlord hereunder, Tenant's assigns. The pronouns of any
gender shall include the other genders, and either the singular or the
plural shall include the other.
(b) All rights and remedies of Landlord under this Lease shall be
cumulative and none shall exclude any other rights or remedies allowed by
law.
(c) This Lease shall be construed according to the laws of the
State of Texas. If any clause or provision of this Lease is determined to
be illegal, invalid or unenforceable, under present or future laws effective
during the term hereof, then the remainder of this Lease shall not be
affected thereby, and each clause or provision of this Lease shall be valid
' enforceable to the extent permitted by law.
16
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(d) If Tenant is acorporation, partnership or other entity,
Tenant warrants that all consnts or approvals required of third parties
(including but not limited to its Board of Directors or partners) for the
execution, delivery and performance of this Lease have been obtained and
that Tenant has the right and Iauthority to enter into and perform its —
covenants contained in this Lease.
(e) In all instances where Tenant is required hereunder to pay
any sum or do any act at a pa ticular indicated time or within an indicated
period, it is understood thatiltime is of the essence.
(f) Unless otherw'se specifically provided herein, if either
Landlord or Tenant shall be d layed or hindered in or prevented from the
performance of any act requir d hereunder by reason of strikes, lockouts,
labor disputes or disturbance, inability to procure materials, failure of
power, restrictive government4l laws or regulations, riots, insurrection,
war or any other reason of a like nature not the fault of the party delayed
in performing work or doing acts required by this Lease, then upon written
notice to the other party, performance of such act shall be excused for the
period of such delay; provided, however, that this paragraph shall not
operate to excuse Tenant from the prompt payment of Rental or any other sums
required by this Lease to be paid by Tenant to Landlord hereunder except as
may be expressly provided elsewhere in this Lease.
(g) This Lease and the Exhibits attached hereto constitute the
entire agreement between Landlord and Tenant. No prior or contemporaneous
promises, inducements, representations or agreements, oral or otherwise,
between the parties hereto not embodied herein shall be binding or have an,
force or effect. This Lease may not be altered, changed or amended, except
by an instrument in writing executed by all parties hereto.
(h) Upon the request of Landlord or Tenant, Landlord and Tenant
shall enter into a memorandum of this lease agreement in recordable form
containing such provisions of this lease agreement as either party
specifies.
(i) This Lease shall not become effective until:
(1) Tenant begins broadcasting from the Tower and the Leased
Premises.
(j) Landlord agrees to offer Tenant the opportunity to
participate in services and benefits in connection with the use of the
Tower, Building and related equipment on the same basis which Landlord
offers to its other Tenants.
17
IN TESTIMONY WHEREOF, the parties hereto have executed this Lease as of
t.__ date aforesaid.
"LANDLORD"
KVOA Communications, Inc. d.b.a. KRIS Communications
10
"TENANT"
City of Copus Christi
By
18
-109-
EXHIBIT "B" ATTACHMENT TO A LEASE BETWEEN KVOA COMMUNICATIONS, INC. d.b.a. KRIS
COMMUNICATIONS AND CITY OF CORPUS CHRISTI DATED MAY 15, 2002.
Prices effective January 1, 2003 thru D cember 31, 2007
(Initial Term)
Antenna description Height Price Ft. Total
Bogner BMR12
Police system
850
$0.65
$552.50
Bogner BMR12
Police system
850
$0.65
$552.50
Bogner BMR12
Police system
810
$0.65
$526.50
DB Products DB -809
Police system
556
$0.65
$361.40
Cellwave PD -220
Community aleo antenna
556
nc
nc
Cellwave PD -455
EAS Repeater
556
nc
nc
Mark Products 6' dish
Police system
315
$1.30
$409.50
Mark Products 6' dish
Police system
175
$1.30
$227.50
Total
$2,629.90
Prices effective January 1, 2008 thru December 31, 2012(Extended
Term)
Antenna description Height Price Ft. Total
Bogner BMR12
Police system
850
$0.75
$637.50
Bogner BMR12
Police system
850
$0.75
$637.50
Bogner BMR12
Police system
810
$0.75
$607.50
DB Products DB -809
Police system
556
$0.75
$417.00
Cellwave PD -220
Community alert antenna
556
nc
nc
Cellwave PD -455
EAS Repeater
556
nc
nc
Mark Products 6' dish
Police system
315
$1.50
$472.50
Mark Products 6' dish
Police system
175
$1.50
$262.50
Total $3,034.50
Total rent will be adjusted using this schedule if antennas are added, removed, or
relocated during the Initial Term or the Extended Term.
KVOA Communications, Inc.
d.b.a. KRIS Communications
James H. Smith
City of Corpus Christi
-110-
EXHIBIT'A' ATTACHEMENT TO TO A LEASE BEN KVOA COMMUNICATIONS INC d.b.a. KRIS
COMMUNICATIONS AN CRY OF CORPUS CHRISTI
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12
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 07/08/03
AGENDA ITEM: Resolution au horizing the City Manager or his designee to execute
an interlocal cooperation agree ent with the Corpus Christi Independent School
District in the amount of $162,0 6 for the DARE and KIDS and COPS Curricula.
ISSUE: The Police Department provides a drug and violence prevention and safety
education curriculum to CCISD,students. This agreement provides for this service and
must be renewed each year.
BACKGROUND INFORMAITON: The City of Corpus Christi Police Department has
been reimbursed for the DARE program by CCISD since 1990. This interlocal
agreement seeks to continue thle relationship between the City of Corpus Christi Police
Department and CCISD for the DARE and Kids and Cops Program at an annual
reimbursable rate of $162,036 payable in three payments beginning with the 2003/2004
school year. This is based on the officers' actual time on campus of 5,814 hours times
an average hourly rate of $27.84.
The agreement calls for Police officers to teach the DARE curriculum to all 6th grade
students, to teach the Kids and Cops curriculum to 2 n and 4th grade students, and to
provide community -policing presentations to all middle and elementary school
campuses.
REQUIRED COUNCIL ACTION: Approval of the resolution.
FUNDING: CCISD reimburses the City of Corpus Christi in the amount of $162,036 each
year for the program.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution.
Attachments:
-115-
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN INTERL AL COOPERATION AGREEMENT WITH THE
CORPUS CHRISTIINIDEPENDENT SCHOOL DISTRICT IN THE
AMOUNT OF $162 , 036 FOR THE DARE AND KIDS AND COPS
CURRICULA
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager!or his designee is authorized to execute an interlocal
cooperation agreement with the,Corpus Christi Independent School District in the
amount of $162,036 for the Drug Abuse Resistance Education "DARE" and Kids and
Cops Curricula.
SECTION 2. The City Manager', or his designee is authorized to make editorial and non -
substantive modifications and execute amendments to the interlocal cooperation
agreement without the further approval of the City Council that do not require the
appropriation of additional funds or exceed the City Manager's authority to amend
contracts, including, but not limited to, time extensions, modifications to schedule,
modifications in scope of work, and any changes dictated by entities providing grant
funding for the project.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor
APPROVED: day of 12003.
James R. Bray Jr.
City Attorney
By:
R. Jay Reining
First Assistant City Attorney
-116-
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
Corpus Christi, Texas
INTERLOCAL AGREEMENT BETWEEN
THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
AND TOE CITY OF CORPUS CHRISTI
THIS INTERLOCAL AGRE�EMENT, hereinafter referred to as "the Agreement", is by
and between the Corpus Christi Independent School District (hereinafter referred to by
name or as "C.C.I.S.D."), and! City of Corpus Christi, a Texas Municipal -Corporation
(hereinafter referred to by nage or as "City"), pursuant to Chapter 791 of the Texas
Government Code, to achieve dfficiency in meeting intergovernmental responsibilities
WHEREAS, the City Police Department provides the Drug Abuse Resistance Education
(hereinafter referred to as "DARE") and Kids and Cops Programs; and
WHEREAS, the Corpus Christi Independent School District desires to engage the City
Police Department to render services to C.C.I.S.D. students composed within the DARE
and Kids and Cops Curricula; and
WHEREAS, the City DARE program desires to perform said services;
NOW, THEREFORE, the parties enter into the following Agreement:
ARTICLE 1. - CONTRACT TERM
The Agreement for services is effective immediately upon execution of this document by
both parties and shall continue through June 30, 2004.
ARTICLE 2. - PURPOSE
The purpose of this Agreement is to provide drug and violence prevention and safety
education to all C.C-I.S.D. elementary and middle school students.
ARTICLE 3. - SCOPE OF SERVICES
The City will provide to C.C.I.S.D. during the term hereof the following projects and
services:
1. Two (2) trained and certified Project DARE officers will provide instruction
as directed by the DARE curriculum to all 6`s grade students at C.C.I.S.D.
middle school campuses. The lessons will be taught in 10 -weekly sessions.
t
-117-
2. Eleven (11) trained officers will provide the Kids & Cops curriculum to 2nd
and 4`h grade students at all C.C.I.S.D. elementary campuses. The curriculum
will be taught in 4 eek sessions.
3. Directed Patrol Off cern will be community policing resources to all middle
schools and elementary campuses.
4. Directed Patrol Offi ers will be available to make presentations to parents and
school staff on a nu nber of subjects, including a parent's guide to recognizing
the signs and sym toms of early gang involvement, drug abuse and the
consequences of un erage drinking.
5. There will be an op n line of communication with the City of Corpus Christi
and the administrator for Title IV: Safe and Drug -Free Schools and
Communities, (361) 886-9115.
6. The City shall bear �he responsibility and expenses of ordering and paying for
a sufficient number of supplies. The City shall not make purchases in the
District's name or aiiy of its agents nor shall it attempt to bind the District for
merchandise purcha es pertaining to the delivery of DARE services.
7. Although not specifically funded under said contract, the City will continue to
offer programs that' support a continuum of service to C.C.I.S.D. students.
These programs are !the Officer Friendly program that introduces positive law
enforcement interactlion to Kindergarten, I" and 2nd graders and the Campus
Crime Stoppers program which encourages students to take an active part in
making their middle and high schools safe places to learn.
DISTRICT RESPONSIBILITIES
C.C.LS.D. will be responsible for providing DARE curriculum books to students in the
middle school DARE programs and covering any cost thereof from 2003-2004 Title IV:
Safe and Drug -Free Schools and Communities funds.
ARTICLE 4. - EVALUATION COMPONENT
The City agrees to provide three summaries of program implementation and the
program's effectiveness to the Title IV: Safe and Drug -Free Schools and Communities'
administrator by November 28, 2003, February 27, 2004, and May 31, 2004. The
summary shall include the following:
• Documentation of program effectiveness, such as, Pre- and post -evaluation,
student/teacher surveys, etc.
• Total number of presentations made during the previous quarter.
• Total number of presentations made throughout the year to date of summary.
• Total number of students served during the previous quarter.
• Total number and grade level of classrooms visited during the previous
quarter.
• Teacher's name for classrooms visited during the previous quarter.
• Officer's name for classrooms visited during the previous quarter.
2
-118-
A quarterly report will include information as prescribed by the Safe and Drug - Free
Schools and Communities Act "Principles of Effectiveness" as set forth below:
Principle 1: Assessment - A grant recipient shall base its SDFSC program on an
assessment of objective data concerning the drug and violence problems in the
schools and communities served.
Principle 2: Performatice Measures - A grant recipient shall, with the assistance
of local or regional consultation with required representation, which includes
community representatives, establish a set of performance measures aimed at
ensuring that schools and communities served have a safe, orderly and drug-free
learning environment.
Principle 3: Scientifically Based Research - A grant recipient shall design and
implement its SDFSC activities for youth based on scientifically based research
that provides evidence that the strategies used prevent or reduce drug use and
violence.
Principle 4: Analysis of Factors - A grant recipient shall base its SDFSC
program on an analysis of the prevalence of risk and protective factors, buffers,
assets, or other variables in schools and communities in the state identified
through scientifically based research.
Principle 5: Consultation - A grant recipient shall include meaningful and
ongoing consultation with, and input from, parents in the development of the
application and administration of the SDFSC program.
Principle 6: Evaluation - A grant recipient shall evaluate its drug prevention and
violence prevention program periodically to assess progress toward achieving its
established performance measures. The evaluation results shall be used to refine,
improve, and strengthen its program, and shall also be made available to the
public upon request, with public notice of such availability provided.
ARTICLE 5. - COMPENSATION AND METHOD OF PAYMENT
For and in consideration of the services to be performed by the City pursuant to this
Agreement, C.C.I.S.D. shall pay to the City $162,036 for services rendered at all
elementary and middle schools from Title IV: Safe and Drug -Free Schools and
Communities. This cost is based on an average hourly rate of $27.87 for 5,814 hours of
service to all elementary and middle schools campuses. Such amount shall be paid in
three (3) equal installments of $54,012, upon receipt of invoice and evaluative reports.
The first invoice is due on November 28, 2003, and the second invoice is due in February
27, 2004 and third invoice is due no later than May 31, 2004.
C.C.I.S.D. shall pay the City of Corpus Christi all fees due no later than thirty (30) days
after the date of receipt of invoice.
3
—119—
ARTICLE 6. - USES OF C.C.I.S.D. INFORMATION AND RECORDS BY THE
CITY
Authorized representatives of tete City may from time to time have access to, and use of,
information obtained from C.0 I.S.D. regarding students enrolled in the DARE program.
City officers shall not release or disclose to the public or any third party student
information or records without{' the prior written consent of the parent(s) of the minor in
question, except as required py state or federal law. Each party shall take all steps
necessary to ensure that thestudent information and records are viewed only by
authorized representatives of Ithe City for the permissible uses stated herein. Said
information is considered confidential, and shall not be used by the City or any of its
employees or agents for private purposes. The City acknowledges and understands that
the unauthorized release of student information or records may subject the individual or
entity to criminal and civil petalties. Accordingly, the City will educate and inform its
staff regarding C.C.I.S.D.'s ".Acceptable Use Guidelines for Technology", permissible
uses of the student information and records obtained from C.C.I.S.D. databases, and the
Family Educational Rights and'Privacy Act (see 20 U.S.C, Section 1232g and 34 C.F.R.,
Section 90, et seq.). The City further agrees that the information or records disclosed or
obtained pursuant to this Agreement will be destroyed by the City after the need for such
information ceases to exist.
ARTICLE 7. - TERMINATION
This Agreement may be terminated by any of the following occurrences:
A. By mutual agreemeftt and consent in writing by both parties;
B. By either party upon thirty (30) days written notice to the other parry;
C. By either party upon the failure of the other party to fulfill its obligations as
set forth in this Agreement.
ARTICLE 8. - AMENDMENTS
Any and all changes to this Agreement may be enacted by written amendment or
addendum properly executed by the appropriate representative of each party.
ARTICLE 9. - ASSIGNMENT
Neither party shall assign, sublet or transfer its interests in this Agreement without the
prior written consent of the other party.
ARTICLE 10. - LIABILITY AND INDEMNITY
The parties hereto agree, to the extent permitted by law, to forever release from liability,
indemnify, and hold harmless each other for the acts and/or omissions of their respective
4
—120—
employees. Specifically, the City agrees, to the extent permitted by law, to fully release,
indemnify, and hold harmless C.C.I.S.D. for the acts and/or omissions of any City
employee who may violate th terms of this Agreement, or any other state or federal law
applicable to this Agreement. Further, C.C.I.S.D. agrees, to the extent permitted by law,
to fully release, indemnify, and hold harmless the City for the acts and/or omissions of
any C.C.I.S.D. employee who may violate the terms of this Agreement, or any other state
or federal law applicable to this Agreement.
ARTICLE 11. - NOTICES
All notices from either party to the other required under this Agreement shall be
personally delivered or mailed to such party at the following address:
For the City: Pete Alvarez, Chief of Police
City of Corpus Christi Police Department
321 John Sartain St.
Corpus Christi, Texas 78401
For C.C.LS.D.: Dr. Jesus Chavez, Superintendent
801 Leopard Street
Corpus Christi, Texas 78401
ARTICLE 12. - APPROPRIATION OF FUNDS
The City and C.C.I.S.D. agree that the performance of each is subject to the ability of the
parties to provide or pay for the services required under this Agreement. The City and
C.C.I.S.D. acknowledge that this Agreement between them is entered into in accordance
with the Interlocal Cooperation Act, Chapter 791, Texas Government Code. In
accordance with said Act, the parties hereto acknowledge that any payments made
pursuant to the terms of this Agreement shall be made from current revenues available to
the paying party, and any future payments are subject to appropriations.
ARTICLE 13. - EQUAL OPPORTUNITY
The parties shall provide all services associated with the subject matter of this Agreement
in compliance with the Civil Rights Act of 1964, Title IX of the Education Amendments
of 1972 (34 C.F.R., Section 106, et seg.), and all other applicable federal and state non-
discrimination statutes or laws.
ARTICLE 14. - LAW GOVERNING AND VENUE
The parties agree that the law governing this Agreement shall be that of the State of
Texas, and that any disputes arising under this Agreement shall have venue in a State
District Court of Nueces County, Texas.
5
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ARTICLE 15. - MEDIATION
The parties agree that any dispute that may arise under this Agreement shall be first
submitted to mediation in an at�empt to resolve any such dispute before litigation is filed.
The parties may seek injunctive relief from a Nueces County District Court prior to
mediation if there is an imminent risk of loss or damages.
ARTICLE 16. - FORCE MAJEURE
Each party hereto shall be excu�ed from performance hereunder for any period and to the
extent that it is prevented from performing any act, in whole or in part, as a result of
delays caused by the other panty, or an act of God, war, civil disturbance, court order,
labor disputes, third party non-performance, or other cause beyond its reasonable control,
including, but not limited to, ffiilures or fluctuations in electrical power, heat, light, air
conditioning, or telecommunications equipment. Such non-performance shall not be a
default or a ground for termination under this Agreement.
WHEREAS, the City and the Corpus Christi Independent School District agree to the
terms as set forth above, this Agreement shall be effective upon full execution of the
Agreement by the proper authorities of each entity, after approval by the governing
bodies of such entities.
ATTEST: The City of Corpus Christi
Armando Chapa, City Secretary
Legal form approved on 2003
By:
Assistant City Attorney
—122—
George K. Noe, City Manager
Jay Reining, Acting City Attorney
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
every Williams, President
Board of Trustees
7
-123-
D to
Reviewed and Approved by C.C.LS.D.
Legal Counsel
A42
n 1 L. Mere"taffAttomey
Date: S4 �03
13
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: July 8, 2003
AGENDA ITEM: Motion author' ing the City Manager or his designee to execute a twelve-month
software maintenance agreement with HTE, Inc. of Lake Mary, Florida in an amount not to exceed
$113,442.50. Included in the maintenance agreement are the HTE modules for Utilities Business
Office, Central Cashiering, Accou�ts Receivable, Collections, Development Services, and Housing
and Community Development.
ISSUE: Software must be maintained to allow for upgrades and improvements and to ensure that
it stays compatible with other systems. HTE, Inc. provided a quote for annual maintenance from
July 1, 2003 through June 30, 2004 of the City of Corpus Christi's HTE application modules. HTE,
Inc. is the sole provider of HTE application software maintenance.
REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over
$25,000.
PREVIOUS COUNCIL ACTION: None.
FUNDING:
Amount Budgeted
Source of Funds (where budgeted)
CONCLUSION AND RECOMMENDATION:
$ $113,442.50
5210-40470-530160
I, the Director of Municipal Information Systems for the City of Corpus Christi, Texas (or his/her
duly authorized representative), conclude that this expenditure for annual HTE software maintenance
is necessary in order to allow for upgrades and improvements and to ensure that it stays compatible
with other systems. Because HTE, Inc. is the sole provider of HTE application software
maintenance, I recommend that this item be approved by City Council.
Attachments: None
-127-
(Department Head Signature)
BACKGROUND INFORMATION
On March 26, 1996, City Council authorized the purchase of the HTE Customer Information System
from HTE, Inc. of Lake Mary, Flodda. The system was purchased to replace the old IBM mainframe
system in the custom programs 'written in house for utility billing, cashiering, and accounts
receivable applications. The purchase was part of the City's overall plan to replace outdated
mainframe systems with state of the art technology and to provide Y2K compliance. Today this
system drives the Customer Information System, providing not only the utility billing function for
the City Utilities Business Office, but also providing a system for Central Cashiering, Accounts
Receivable and Collections, Development Services, and Housing and Community Development.
—128—
p:lreportslcurrentlApprExp\Allfunds \ 40470.xis
CITY OF CORPUS CN TEXAS
APPROPRIATION EXPENDITURE RL 7 BY ORGANIZATION
FOR THE 11 MONTHS ENDED JUNE 24, 2003
ORGANIZATION: 40470 -MIS operations
Page 1
6/24/2003 3:01 PM
% of
Amended
Unencumbered
Budget
Acct #
Account Description
Original Budget
Budget
Expenditures
Encumbrances
Balance
Expended
510100
Salaries and Wages
897,058.00
897,058.00
738,888.14
0.00
158,169.86
82.37
510200
Overtime
0.00
0.00
1,986.95
0.00
(1,986.95)
n/a
510300
Other Pay
3,568.00
3,568.00
4,475.35
0.00
(907.35)
125.43
511000
Retirement
173,311.00
173,311.00
142,160.48
0.00
31,150.52
82.03
513000
Group insurance benefits
60,420.00
60,420.00
55,385.00
0.00
5,035.00
91.67
514000
Tuition reimbursement
0.00
0.00
1,047.15
0.00
(1,047.15)
n/a
520030
Chemicalthousehold supplies
0.00
0.00
153.74
0.00
(153.74)
n/a
520040
Ciothing
0.00
ebe
29-.94
6.00
(2994)
n/a
520060
Books and Periodicals
150.00
150.00
2,577.98
0.00
(2,427.98)
1,718.65
520070
Food and food supplies
0.00
0.00
32.25
0.00
(32.25)
n/a
520090
Minor tools & equipment
350.00
350.00
257.18
0.00
92.82
73.48
520100
Minor computer equipment
20,400.00
46,135.85
88,488.03
16,452.59
(58,804.77)
227.46
520110
Minor office equipment
3,850.00
3,850.00
1,484.95
0.00
2,365.05
38.57
520120
Office Supplies
2,440.00
2,440.00
7,936.04
0.00
(5,496.04)
325.25
520130
Maintenance & repairs
0.00
0.00
316.06
0.00
(316.06)
n/a
530000
Professional services
328,800.00
640,244.64
293,194.70
63,196.07
283,853.87
55.66
530060
Personal computer repairs
4,200.00
4,200.00
0.00
643.52
3,556.48
15.32
530070
Temporary services
25,440.00
25,440.00
12,695.89
0.00
12,744.11
49.91
530140
Postage & express charges
300.00
300.00
550.24
52.48
(302.72)
200.91
530160
Rentals
748,988.50
857,492.50
549,129.75
14,608.87
293,753.88
65.74
530170
Mileage reimbursement
0.00
0.00
430.86
0.00
(430.86)
n/a
530190
Lease purchase payments
345,118.04
345,118.04
347,659.74
42,466.89
(45,008.59)
113.04
530200
Telephone/telegraph service
0.00
0.00
1,009.91
0.00
(1,009.91)
n/a
530210
Building maint & service
0.00
1,602.00
2,787.38
0.00
(1,185.38)
173.99
530230
Equipment maintenance
196,616.00
201,507.45
89,181.40
19,574.00
92,752.05
53.97
530250
Memberships & dues
284.00
284.00
0.00
0.00
284.00
0.00
530360
Training - Supervisory
122,850.00
133,945.00
76,842.80
21,489.00
35,613.20
73.41
530500
Printing advertising & PR
0.00
0.00
32.50
0.00
(32.50)
n/a
530520
Printing outside print shops
100.00
100.00
0.00
0.00
100.00
0.00
547010
Travel
53,250.00
63,019.37
6,378.55
9,769.37
46,871.45
25.62
548030
Building Main Chgs Ailoc
39,132.00
39,132.00
35,871.00
0.00
3,261.00
91.67
548120
Self Insurance Alloc
10,416.00
10,416.00
9,548.00
0.00
868.00
91.67
550010
Buildings
0.00
4,200.00
0.00
4,200.00
0.00
100.00
550050
Computer Equipment
298,156.00
347,895.75
42,809.97
25,588.85
279,496.93
19.66
TOTAL
3,335,197.54
3,862,179.60
2,513,341.93
218,041.64
1,130,796.03
70.72
Page 1
6/24/2003 3:01 PM
Government Work Better. -
1000 Business Center Dr., Lake Mary, FL 32746, 407 304-3235, wwW.hteinc.com
June 6, 2003
Debby Studer
City of Corpus Christi
1201 Leopard Street
Corpus Christi, TX 78401
Some time ago, your organiza0on made a significant investment with HTE to provide
you with quality solutions. In our ongoing commitment to "Help Government Work
Better" we continue our pursu* to provide the best service and solutions in the industry.
In the coming year, each mainjenance customer of HTE will receive:
• A discount for additiotral HTE applications
• HTE's newest quality -assured releases
• Improved response and resolution times through customer support
• Improved applications and loads due to a formal QA department
• MyHTE with real-time support and PTF monitoring capability as well as a
searchable knowledgebase
Added enhancements to MyHTE, allowing each individual to perform education
planning
Extranet availability (your HTE Internet support connection).
As of January 2003, you will find that our baseline maintenance prices have increased
5% from the prior year. This increase follows no increase to our baseline maintenance
prices in 2002. We are proud to continue to improve our capabilities and still hold our
increase to such nominal levels. I should note that, in some cases, the net change in the
total maintenance fee you experience might not equal 5% as compared to your previous
fiscal year (usually in situations where one or more applications were previously not
charged the correct tier -based rate).
We consider it an honor to support you in your efforts to provide higher levels of service
to your citizens and customers. Should you have any questions or concerns, please do
not hesitate to contact your Account Manager or myself at 800.727.8088.
Steve Goldstein
Manager, Software Renewals
1276
-131-
/� A
JUN 16 2003 �0)
NT
GOO VERNMENT SOFTWARE
Government Work Better. -
1000 Business Center Dr., Lake Mary, FL 32746, 407 304-3235, wwW.hteinc.com
June 6, 2003
Debby Studer
City of Corpus Christi
1201 Leopard Street
Corpus Christi, TX 78401
Some time ago, your organiza0on made a significant investment with HTE to provide
you with quality solutions. In our ongoing commitment to "Help Government Work
Better" we continue our pursu* to provide the best service and solutions in the industry.
In the coming year, each mainjenance customer of HTE will receive:
• A discount for additiotral HTE applications
• HTE's newest quality -assured releases
• Improved response and resolution times through customer support
• Improved applications and loads due to a formal QA department
• MyHTE with real-time support and PTF monitoring capability as well as a
searchable knowledgebase
Added enhancements to MyHTE, allowing each individual to perform education
planning
Extranet availability (your HTE Internet support connection).
As of January 2003, you will find that our baseline maintenance prices have increased
5% from the prior year. This increase follows no increase to our baseline maintenance
prices in 2002. We are proud to continue to improve our capabilities and still hold our
increase to such nominal levels. I should note that, in some cases, the net change in the
total maintenance fee you experience might not equal 5% as compared to your previous
fiscal year (usually in situations where one or more applications were previously not
charged the correct tier -based rate).
We consider it an honor to support you in your efforts to provide higher levels of service
to your citizens and customers. Should you have any questions or concerns, please do
not hesitate to contact your Account Manager or myself at 800.727.8088.
Steve Goldstein
Manager, Software Renewals
1276
-131-
/� A
JUN 16 2003 �0)
1000 Business Center Dr.
_ —.. Lake Mary, Florida 32746
407-364-3235
GOVERNMENT SOFTWARE '�' hteinc.com
Helping Government Work Better."
Bill To: City of Corpus Christi
1201 Leopard Street
Corpus Christi TX 78401
United States
Attn: Debby Studer 361-880-3753
INVOICE
Company
Invoice No
Date
Page
100
836242
05/Jun/2003
1 of 2
Ship To: City of Corpus Christi
1201 Leopard Street
Corpus Christi TX 78401
United States
Attn: Debby Studer 361-880-3753
—132— Balance Due
• HTE, Inc. • Dept. AT 952044 • Atlanta, GA 31192-2044
1000 Business Center Dr.
Lake Mary, Florida 32746
,EL . . ` 407-304-3235
'.RNMENT SOFTWARE W .hteinc.com
He., .y Government Work BetterT
Bill To: City of Corpus Christi
1201 Leopard Street
Corpus Christi TX 78401
United States
Attn: Debby Studer 361-880-3753
INVOICE
Company
Invoice No
Date
Page
100
836242
05/Jun/2003
2 of 2
Ship To: City of Corpus Christi
1201 Leopard Street
Corpus Christi TX 78401
United States
Attn: Debby Studer 361-880-3753
14
AGENDA MEMORANDUM
July 8, 2003
SUBJECT: Old RTA Facility- 1024 Sam Rankin
AGENDA ITEM:
a. Resolution Authorizing the City Manager, or the City Manager's Designee, to Accept a
Reimbursement Grant from the Texas Commission for Environmental Quality In the
Amount of $29,126 for Mitigation Measures at the Old RTA Facility, 1024 Rankin.
b. Ordinance Appropriating a $29,126 Reimbursement Grant from the Texas
Commission for Environmental Quality in the No. 1050 Federal/State Grants
Fund for Mitigation Measures at Fire Station No. 10; and Declaring an
Emergency.
c. Motion authorizing the City Manager, or his designee, to execute a Amendment
No. 9 in the amount of $29,126.00 with Applied Earth Sciences, Inc. of Corpus
Christi, Texas, for mitigation services associated with a removed underground
fuel storage tank.
ISSUE:
Additional mitigation is required before TCEQ will allow site closure.
FUNDING:
Funds will be available from the Federal/State Grants Fund No. 1050 upon appropriation.
RECOMMENDATION:
Approval of the resolution, ordinance and motion as presented.
07-oZ-o3
'Anfel . Escobar, P.E. Date k6i Mc vire Date
Director- Engineering Services Director- Environmental Programs
Attachments:
Exhibit A: Background
Exhibit B: Location Map
H:\HOME\KEV I NS\GEN\M ITI GATI\U ST\96U ST#2\AMD9MEMO. DOC
-137-
ADDITIONAL INFORMATION
BACKGROUND:
The Old RTA Facility is located
when the RTA was established
petroleum storage tank (LPST)
nine other sites began in 1996 H
eight of the other sites has
Commission for Environmental
complete mitigation on the two r
No. 10) was addressed by Coui
ordinance provides funding to u
Old RTA Facility.
at 1024 Sam Rankin. The site was retained by the City
as separate governmental entity. The site had a leaking
m site that has been removed. Work to mitigate this and
th the award of two mitigation contracts. The mitigation at
,een completed and the cases closed by the Texas
Quality (TCEQ - formerly TNRCC). Additional work to
�maining sites is necessary. The second site (Fire Station
cil on June 10, 2003.) The approval of the appropriation
idertake mitigation efforts pre -approved by TCEQ for the
Mitigation is reimbursed by the state provided the work is pre -approved by the TCEQ.
Mitigation efforts for non -enterprise departments were supported by the Liability and
Employee Benefits Fund as part of a risk mitigation program. Reimbursements were then
posted to the Liability and Employments Benefits Fund as revenue. Reimbursements from
TCEQ are now treated as a grant requiring appropriation prior to expenditure.
Prior Council Action:
1. March 5, 1996 - Motion authorizing the City Manager or his designee to execute a
contract in the amount of $50,700 with Applied Earth Sciences, Inc. for consultant
services at six sites provided through Underground Fuel Storage Tank Mitigation -
Project No. 2 (M1996-061).
2. Sept. 24, 1996 -Motion authorizing the City Manager or his designee to execute a
contract in the amount of $46,870.50 with Professional Services Industries, Inc.
monitor well installation at sibs sites for the Underground Fuel Storage Tank
Mitigation - Project No. 2 (M1996-290).
3. Sept. 24, 1996 -Motion authorizing the City Manager or his designee to execute a
contract in the amount of $20,543 with Core Laboratories, Inc. for laboratory
services at six sites for the Underground Fuel Storage Tank Mitigation - Project
No. 2 (M1996-291).
4. June 10, 2003 - Ordinance appropriating $19,003 reimbursement grant from the
Texas Commission for Environmental Quality in the No. 1050 Federal/State Grants
Fund for mitigation measures at Fire Station No. 10 (Ordinance No. 025329).
Prior Administrative Action:
1. Aug.11, 1997 - Award of Amendment No. 1 in the amount of $12,675 with Applied
Earth Sciences for remediation and closure actions.
2. Mar. 27, 1998 - Award of Amendment No. 2 in the amount of $4,778 with Applied
Earth Sciences for remediation and closure actions.
Exhibit A
Pae 1 of 2
-138-
3. May 29, 1998 - Award of Amendment No. 3 in the amount of $619 with Applied
Earth Sciences for product removal, TNRCC notification, and documentation.
4. Dec. 21, 1998 - Award of Amendment No. 4 in the amount of $4,258 with Applied
Earth Sciences for additional non -aqueous phase liquids (NAPL) removal.
5. Sept. 14, 1999 - Award of Amendment No. 5 in the amount of $8,899 with Applied
Earth Sciences for four quarters of additional NAPL removal and monitoring.
6. Feb. 22, 2000 - Award of Amendment No. 6 in the amount of $1,595 with Applied
Earth Sciences for two additional months of bi-weekly NAPL removal.
7. Jan. 16, 2002 - Award of Amendment No. 7 in the amount of $5,863 with Applied
Earth Sciences for three months of NAPL removal by hand bailing and product
reports.
8. June 19, 2003 — Award of Amendment No. 8 in the amount of $19,003 with Applied
Earth Sciences for two additional monitoring wells, four quarters of monitoring, and
mobile dual phase extraction event at Fire Station No. 10.
Future Council Action:
• Council appropriation of a future reimbursement grant for any additional mitigation
measures and closure.
Amendment Description:
The tasks being addressed by the amendment were pre -approved by TCEQ in 2002 and
January 2003, but a contract amendment was not prepared or executed at that time.
Applied Earth Sciences prepared a new proposal which has now been received by the City.
There are three tasks associated with amendment.
Task 21 provides for:
• continued operation of the non -aqueous phase liquids ( NAPL) recovery system with
reporting (52 weekly site visits);
• hand bailing monitoring well MW -1 which is not connected to the recovery system;
• quarterly sampling for TPH/BTEX/MTBE for monitoring wells MW -1, MW -3 and MW -
5 if they are NAPL free; and
• semi-annual sampling for remaining six monitoring wells (BTEX/MTBE analyses
only).
Task 22 provides for one (1) eight-hour High Volume Dual -Phase Extraction (HVDPE) to
be conducted on the three NAPL impacted wells and submit a report documenting the
effectiveness or applicability of HVDPE technology to the site.
Task 23 provides for installation of a new compressor with security sheet metal enclosure
for the existing "Ferrett" In -Well recovery system.
The total fee pre -approved by TCEQ for these tasks is $29,126.
Exhibit A
Page 2 of 2
-139-
nn tiv. J�
TEXAS NATURAL RES URCE CONSERVATION COMMISSION
LPST CORRECT VE ACTION RESPONSE FORM
LPST-ID: 091808
2/06/2002 Proposal For: OPERATION & MAINTENANCE OF REMEDIATION SYSTEM
G$NERAL INFORMATION
LPST-111 : 091808riority: 4.1
Responsible Party : CITY OF C RPUS CHRISTI Tel: 361/07.6-4060
Facility 4 & Name : 0049858 OLD TRANSIT YARD
Yacili.ty Address : 1024 SAM RANKIN
Facility City : CORPUS CHRISTI County: NUECES
CAPM & Name : CAPM01227,CHARLES MEDINA
RCAS & Name : RCAS00089IAPPLIED EARTH SCIENCES, INC.
f TNRC� TECHNICAL RESPONSE
Proposed activity is approved with the following modifications:
The Operation, Monitoring, and Performance (OMP) Report dated 02/06/02 has been
reviewed for content- and accepted as submitted. Following receipt and review of
the revised workplan/cost propo$al for this site, continued operation of the
NAPL recovery system with reporting is preapproved as indicated on the attached
cost spreadsheet. Fifty-two weekly site visite are preapproved; discontinue
operation of the system if NAPL is recovered to the maximum practicable extent
or to thicknesses below 0.10 foot.
Quarterly sampling for TPH/BTEX/MTBE is preapproved for monitoring well MW -1,
and system wells MW -3 and MW -5. It is noted that these wells contain NAPL and
would be sampled only if they are NAPL-free. The remaining six wells are
preapproved for semi-annual sampling and for BTEX/MTBE analyses only. Monitoring
well MW -1 is not tied into the system and will be handbailed during site visits
for NAPL. recovery.
Please he aware that due to new statutory deadlines the approved activities must
be completed and reported to this office by November 09, 2003. Failure to meet
this deadline may result in forfeiture of reimbursement eligibility, and
enforcement actions under Chapter 7 of the Texas Water Code.
Page 1
-140-
,HUG-Uy-LUU[ hKl U3:U1 FM 2 FAX NO. 33 F. 03/05
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
LPST CORRECTIVE ACTION RESPONSE FORM
LPST-ID: 091808
2/06/2002 Proposal For; OP8RATION & MAINTENANCE OF REMEDIATION SYSTEM
TNRCC TECHNICAL RESPONSE
ACTIVITY COST SUMMARY
Proposed Coat; f 23,691.00 Maximum Pre -Approved: 23,072.00
Signature: VDateo 6/09/02 Telephone: 512/239-2200
Emmanuel Ekpo
Coordinator
Page 2
-141-
R-Zn-[ 03 MON 11 2b RM 2
rRX NO. 33
P. 03/14
. EXAS COMMISSION
ON
ENVIRONMENTAL
R NMENTAL
r
QUALI I'Y
LPST CORRECTIVE ACTION RESPONSE FORM
LPST-ID: 091808
12/17/2002 Proposal For: PSH REMOVAL,
INFORMATION
7,I119T-ID . 091808 Priority: 4.1
}teapons.i.blc Party : CITY OF 'CORPUS CHRISTI Tel: 361/826-4060
Fac.ili.ty # & Name : 0049858 OLD TRANSIT YARD
facility Address : 1024 SAM RANKIN
racilil.y City : CORPUS CHRISTI County: NUECBS
CAPM & Name : CAPM00188 JAMES P. HODGES
RCAS & Name : RCASOOOa9 APPLIED EARTH SCIENCES, INC.
TC,'EQ TECHNICAL RESPONSE
Proposed activity is approved as Proposed, but for a reduced amount.
Bused upon all information submitted, this site failed to meet all necessary
site ani risk assessiment requirements by the September 1, 2002 deadline.
However, the agency has determined that the responsible party, contractor
acient were primarily not at fault so reimbursement eligibility (if the site is
othex wine eligible for reimbursement) is maintained. Continued reimbursement
eligibility is contingent upon all relevant future deadlines being met on time.
High Wicuum Dual -Phase Extraction (HVDPE) technology has not been previously
applieet at this site. One of three three NAPL-impacted wells at this site is not
tied into the existing Ferret In -Well recovery system. Perform one 8 -hour event
Of HVDPLI as proposed, using the three NAPL-impacted wells as extraction points.
.Llbmit a report following completion of the event, documenting the effectiveness
Or sppl..-Cability of this technology at this site.
For maximum effectiveness, the event should be performed at the lowest
historical measured depths to groundwater. Gauge all wells and evacuate total
fluids from all the wells containing NAPL greater than o.l foot, without sealing
Off the casing. Then proceed with dual-phase extraction at the thrc^.e most.
impacted wells.
Collect three :samples at the following intervals: At the heginning of the event
(TP3i), rniclway through the event (BTEX/TPH), and towards the end of the event
(TPH), record PID/FID readings at least hourly. One BTEX/TPH effluent should be
collected diiri.ng Lhe first event. If the effluent concentrations meet the
Chaptex' )06.533(2) requirement (TPH 1.o lb/hr) and the Chapter 106.262(3)
r.equirernr�nt (benzene 0.99 lb/hr), collection of effluent samples for subsequent
events ,is not necessary.
Page142-1
APR -2d-2003 MON 11:2b AM 2 FAX N0, 33 P. 04/14
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
LPST CORRECTIVE, ACTION RESPONSE FORM
Proposed Cogt.:
Si.gnaL-ure:
el Ek
nator
LPST-ID: 091808
12/17/2002 Proposal For; PSH REMOVAL
TCEQ 'TECHNICAL RESPONSE
ACTIVITY COST SUMMARY
5,833,00 Maximum Pre -Approved: 5,560.00
__ Date: 1/17/03 Telephone: 512/239-2200
PagEL143-2
AP,R-2B-2003 MON 1126 AM 2 hAX NO. 33 P. Ob/14
F11,1IAS COMMISSIOIN ON ENVIRONMENTAL QUALITY
LPST CORRECTIVE ACTION RESPONSE DORM
LPST-ID: 091808
12/17/2002 Proposal For: OPERATION & MAINTENANCE OF REMEDIATION SYSTEM
ENERAL INFORMATION
LPST-Ill . 091808 Priority: 4.1 Y
IzPspon..ible Party : CITY OF CORPUS CHRISTI Tel: 361/826-4060
F',Ieil.ity 11 & Name 0049858 OLD TRANSIT YARD
1';,utility Adrlrceos 1024 S RANKIN
F'ac ility city CORPUS C IRISTI County: NUECES
CAI'M & Name CAPM0018 JAMES P. HODGES
RCAS & Name RCAS'0008$ APPLIED EARTH SCIENCES, INC.
TC8Q TECHNICAL RESPONSE
Propo2ecl activity ie; approved as proposed.
This pren1.)pr70va]., as proposed, pertains to installation of a new compressor with
security ahe:et metal enclosure, for the existing Ferret In -Wel], recovery s; M.
hropocscd Cost::
Signature:
Coordinator
ACTIVITY COST SUMMARY
494.00 Maximum Pre -Approved;
.5�5
Date
1'age-144-3
494.00
1/17/03 Telophone: 512/239-2200
File
r
LOCATION MAP
NOT TO SCALE
OLD RTA FACILITY
/ 024 SAM RANKIN
VICINITY MAP
NOT TO SCALE
STI BAY
EXHIBIT "B"
LEAKING PETROLEUM STORAGE TAICITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
(LPST) PAGE: 1 of 1
CITY OF CORPUS CHRISTI, TEXAS DATE: 06-24-2003 #
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO ACCEPT A REIMBURSEMENT GRANT FROM THE
TEXAS COMMISSION FOR ENVIRONMENTAL QUALITY IN THE
AMOUNT OF $29,126 FOR MITIGATION MEASURES AT THE OLD
RTA FACILITY, 1024 SAM RANKIN
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS;
SECTION 1. The City Manager, or the City Manager's designee, is authorized to
accept a reimbursement grant from the Texas Commission for Environmental Quality in
the amount of $29,126 for mitigation measures at the Old RTA Facility at 1024 Sam
Rankin.
ATTEST:
Armando Chapa
City Secretary
Approved: June 25, 2003
Lisa Aguilar
Assistant City Attorney
for City Attorney
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
-147-
ORDINANCE
APPROPRIATING $ 9,126 REIMBURSEMENT GRANT FROM
THE TEXAS COMMI SIGN FOR ENVIRONMENTAL QUALITY IN
THE NO. 1050 EDERAL/STATE GRANTS FUND FOR
MITIGATION MEAS RES AT THE OLD RTA FACILITY, 1024
SAM RANKIN; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That a $29,12q Reimbursement Grant from the Texas Commission
for Environmental Quality in he No. 1050 Federal/State Grants Fund for
mitigation measures at the Old RTA Facility, 1024 Sam Rankin.
SECTION 2. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
day of .2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor
APPROVED: June 25, 2003
A
Lisa Aguilar
Assistant City Attorney
for City Attorney
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15
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: July 8, 2003
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment No.
11 to an Engineering Services Agreement with MEI Govind, Inc. in the amount of
$639,621 forthe Broadway Wastewater Treatment Plant Diversion Project 36" /48"
Diameter Gravity Line and Lift Station.
ISSUE:
The amendment is necessary to begin design services for a 36"/48" Diameter
Gravity Line necessary to alleviate overflow problems in the Broadway Basin
Service Area and a lift station on Resaca Street to facilitate the construction of a
new plant and the diversion of the existing Broadway Wastewater Treatment Plant.
FUNDING:
Funding for this project is available through Wastewater Capital Improvement
program.
CONCLUSION AND RECOMMENDATION:
Approval of this amendment is recommended to award a design contract.
Foster Crowell, n el R. Escobar, P. E.,
Director of Wastewater Services Director of Engineering Services
Attachments:
Exhibit "A"
Background
Exhibit "B"
Contract Summary
Exhibit "C"
Location Maps (2)
Exhibit "D"
Project Timeline
Exhibit "E"
PowerPoint Presentation
H:\HOME\LYNDAS\GEN\Wastewater\BROADWAY PLANtE313-inch Trunk Main and Lift Station\MemO.DOC
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
i
SUBJECT: Broadway Wastewater Treatment Plant Diversion Project 36" Diameter
Gravity Line and �ift Station (Project #7288).
PRIOR COUNCIL ACTION:
1. August 18, 1998 - Motionj authorizing the City Manager, or his designee, to execute
an engineering services contract with Govind & Associates, Inc. in the amount of
$329,853 for engineeri6g services associated with the Airport Ditch Outfall
Improvements and Broodway Plant Lift Station and Diversion to Greenwood
Plant/Nueces River Delta. (M1998-285)
2. May 5, 2001 - Motion a0thorizing the City Manager, or his designee, to execute
Amendment No. 3 to an 'lengineering services contract with Govind & Associates,
Inc. in the amount of $41,010 for engineering services associated with the Airport
Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to
Greenwood Plant/Nuec4 River Delta. (M2001-189).
3. October 30, 2001 - Motioh authorizing the City Manager, or his designee, to execute
Amendment No. 5 to an iengineering services contract with Govind & Associates,
Inc. in the amount of $48,560 for engineering services associated with the Airport
Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to
Greenwood Plant/Nueces River Delta. (M2001-409).
4. April 16, 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 6 to an engineering services contract with Govind & Associates,
Inc. in the amount of $99,112 for engineering services associated with the Airport
Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to
Greenwood Plant/Nueces River Delta. (M2002-099).
PRIOR ADMINISTRATIVE ACTION:
1. September 10, 1999 - Administrative Amendment No. 1 to an engineering services
contract with Govind & Associates for a total fee not to exceed $4,460 for a total
restated fee not to exceed $334,313, for archaeological survey services for the
Airport Ditch Outfall Improvements.
2. June 27, 2000 - Administrative Amendment No. 2 to an engineering services
contract with Govind & Associates for a total fee not to exceed $9,480 for a total
restated fee not to exceed $343,793, to evaluate alternate pump station locations.
June 19, 2001 - Administrative Amendment No. 4 to an engineering services
contract with Govind & Associates for a total fee not to exceed $14,010 for a total
restated fee not to exceed $400,823, to evaluate alternate pump station locations.
May 22, 2002 - Administrative Amendment No. 7 to an engineering services
contract with Govind & Associates for a total fee not to exceed $24,650 for a total
restated fee not to exceed $573,145, forthe Broadway Wastewater Treatment Plant
Iv
Diversion Project.
EXHIBIT "A"
Page 1 of 4
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5. November 14, 2002 - Administrative Amendment No. 8 to an engineering services
contract with MEI Govind for a total fee not to exceed $18,195 for a total restated
fee not to exceed $591,340, for the Broadway Wastewater Treatment Plant
Diversion project.
6. December 24. 2002 - Administrative Amendment No. 9 to an engineering services
contract with MEI Govind for a total fee not to exceed $24, 880 for a total restated
fee not to exceed $616,220, for the Broadway Wastewater Treatment Plant
Diversion project.
7. February 6, 2003 - - Adrrjinistrative Amendment No. 10 to an engineering services
contract with MEI Govind for a total fee not to exceed $1,300 for a total restated fee
not to exceed $617,520, for the Broadway Wastewater Treatment Plant Diversion
project.
FUTURE COUNCIL ACTION: Council will be requested to authorize the necessary land
acquisition, engineering and construction contracts to:
1. Purchase land for the new plant;
2. Environmental and mitigation contracts;
2. Design and construct new plant and lines; and
3. Demolish existing plant.
PROJECT BACKGROUND: The 1997 Council -approved Facilities Implementation Plan
recommended diversion of the waste stream from Broadway Wastewater Treatment Plant
to the Greenwood Plant. Subsequent analyses have indicated a cost far exceeding the'97
Study estimates.
• At the May 15, 2001 Council meeting, staff presented an update of the'97 plan and
the status of the Broadway Wastewater Treatment Plant Diversion project including
progress completed, work pending, projected cost estimate and available options to
diversion. Staff was instructed to further study and compare the original plan for
diversion with Option No. 3 to build a new Wastewater Treatment Facility within the
Industrial Zone and Option No. 4 to build a new Facility at the existing location of the
Broadway Plant.
• At the January 29, 2002 Council meeting, staff presented Broadway WWTP
Diversion Status Update #3. This presentation included a detailed review of
Options 1, 3 & 4 including cost comparisons, site evaluations and life -cycle analysis
of the three different options. Council instructed staff to proceed with Option #3, a
new wastewater treatment plant in the industrial area and
o Amend A/E Contract with Govind Engineering for further work;
o Begin assembling team to help with negotiations between City, Citgo and
Port of Corpus Christi; and
o Address issues specific to land purchase.
This agenda includes an update of the status since the last presentation.
EXHIBIT "A"
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PROJECT DESCRIPTION: The first phase of this project dealt with interim improvements
to the existing Broadway Wa�ewater Treatment Plant to maintain acceptable levels
necessary to comply with T QC regulations. This phase of the project ensured
compliance with TEQC through the year 2010. The next phase of this project is an integral
part to the construction of a new wastewater treatment plant, the diversion of the existing
Broadway Plant, and the necessary long-term planning for the Area Development Plan.
This project is the second phasjr
of the Broadway Wastewater Treatment Plant Diversion
and consists of a new 36"/48" avity line and construction of a new lift station. The 36"
gravity line will be constructed om the south side of IH 37, from Leopard Street to West
Broadway Blvd. A 48" diameter line will begin at the terminus of the 36" line and continue
to the new lift station. It will cross IH 37, pass under the Salt Flat drainage box and cross
the Union pacific rail road lines before terminating at the proposed lift station on Resaca
Street. A large casing under the freeway, at a depth of approximately sixteen feet will be
installed to carry the 36" gravity line. An additional casing will be installed under the
railroad at a depth of approximately 22 feet to carry the 48" diameter line. This proposed
36"/48" gravity line will be over 5,000 feet long and once constructed will help alleviate
overflow problems at the manholes along Leopard Street and Winnebago Street. The line
has been routed to cause a minimum of disruption to the residents of the Winnebago
neighborhood and Leathers Housing project. Also, this route circumvents the Kerr McGee
property which has known environmental problems. This route will be coordinated with
TxDOT to avoid future potential conflicts with the new Harbor Bridge alignment.
The new thirty plus foot deep lift station will be constructed on a recently acquired property
next to the existing Broadway Wastewater Treatment Plant. It will have six submersible
pumps and will be designed to handle a peak flow of 32 MGD. It will be provided with an
odor control system, dual power source to comply with TCEQ rules, and the site will be
fenced and landscaped. A new 48" gravity line, about 2,000 feet in length, will be
constructed between the existing headworks of the Broadway Wastewater Treatment Plant
and the new lift station. This new 48" line will have enough capacity and depth to handle
flows from the proposed Baseball Stadium and Bayfront Arena area, which could be
diverted to this line in the future. This lift station will ultimately serve as the main lift station
for the new wastewater plant in the industrial area and will accommodate all the flow from
the entire Broadway Service area.
A temporary, above ground force main, will be constructed from this lift station to the grit
chambers of the existing Broadway Wastewater Treatment Plant to serve as a temporary
until the construction of the new Wastewater Treatment Plant. This project will also
address overflow problems near Brownlee and Mexico Street. A new 15" gravity line,
approximately 500 feet in length, will be installed under IH 37. This line will replace an
existing 12" cast iron pipe which has deteriorated and often clogs up and causes overflows
near the IH 37 and Crosstown Expressway Intersection.
EXHIBIT "A"
Page 3 of 4
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The estimated cost of construction is:
• $1,882,200 for the 36746" gravity line;
• $ 788,100 for the 36" gravity line under IH 37;
• $ 357,000 for the new 15" line under IH 37; and
• $4,534,200 for the lift station facility.
It is projected that the project will bid in the May 2004 timeframe and is scheduled to be
completed in November 2005.
CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B".
EXHIBIT "A"
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CONTRACT SUMMARY
BROADWAY WWTP 36"/418" DIAMETER GRAVITY LINE AND LIFT STATION
PROJECT NO. 7288
SCOPE OF PROJECT:
The City of Corpus Christi, Texas hereinafter called "City", and MEI Govind hereinafter
called "Engineer", agree to the following amendments to the Contract for Engineering
Services for Airport Ditch Outfall Improvements and Broadway Wastewater Treatment
Plant Lift Station and Diversion to Greenwood Wastewater Treatment Plant/Nueces River
Delta, as authorized and amended by:
Original Contract
Au ust 18, 1998
Motion No. M98-285
$329,853.00
Amendment No.
1
September 10, 1999
Administrative Approval
$4,460.00
Amendment No.
2
June 27, 2000
Administrative Approval
$9,480.00
Amendment No.
3
May 5, 2001
Motion No. M2001-189
$43,010.00
Amendment No.
4
June 19, 2001
Administrative Approval
$14,020.00
Amendment No.
5
October 30, 2001
Motion No. M2001-409
$48,560.00
Amendment No.
6
Aril 16, 2002
Motion No. M2002-099
$99,112.00
Amendment No.
7
May 22, 2002
Administrative Approval
$24,650.00
Amendment No.
8
November 14, 2002
Administrative Approval
$18,195.00
Amendment No.
9
December 24, 2002
Administrative Approval
$24,880.00
Amendment No.
10
Februaa 6, 2003
Administrative Approval
$1,300.00
Section 2. SCOPE OF SERVICES, Paragraph B., ADDITIONAL SERVICES,
BROADWAY PLANT LIFT STATION AND DIVERSION TO GREENWOOD
PLANT/NIJECES RIVER DELTA shall be modified by adding the
additional paragraphs shown below.
9. 36"/48" Diameter Gravity Line and Resaca Street Lift Station
EXHIBIT "B"
Page 1 of 3
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2. SCHEDULE
PROPOSED PROJECT SCHEDULE
DAY
DATE
ACTIVITY
Wednesday
July 9, 2003
Begin Preliminary Phase, DM
Monday
October13, 2003
Submit Design Memorandum p in)
Monday
(October 20, 2003
Acceptance of Design Memorandum
Monday
October 20, 2003
Begin Design Phase
Friday
February 6, 2004
60% Submittal
Friday
March 5, 2004
City Review
Friday
March 26, 2004
100% Submittal
Friday
April 9, 2004
City Review
Friday
April 30, 2004
Final Submittal
Monday (2)
May10 and 17, 2004
Advertise for Bids
Tuesday
May 25, 2004
Pre -Bid Conference
Wednesday
June 2, 2004
Receive Bids
Monday
July 26, 2004
Begin Construction
Weekday
November, 2005
Construction Completion
3. FEES
A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all
"Basic Services" authorized as per the table below. The fees for Basic Services will
not exceed those identified and will be full and total compensation for all services
outlined in Section I.A.1-4 above, and for all expenses incurred in performing these
services. For services provided in Section I.A.1-4, A/E will submit monthly
statements for basic services rendered. In Section I.A.1-3, the statement will be
based upon A/E's estimate (and City concurrence) of the proportion of the total
services actually completed at the time of billing. For services provided in Section
I.A.4, the statement will be based upon the percent of completion of the construction
contract. City will make prompt monthly payments in response to A/E's monthly
statements.
B. Fee for Additional Services. For services authorized by the Director of
Engineering Services under Section I.B. "Additional Services" the City will pay the
A/E a not -to -exceed fee as per the table below:
EXHIBIT "B"
Page 2 of 3
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C. Summary of Fees
Fee for Basic Service$
1. Preliminary Phase
$58,702.00
2. Design Phase
$370,756.00
3. Bid Phase
$4,608.00
4. Construction Phas6
$34,590.00
Subtotal Basic Servic s Fees
$468,656.00
Fee for Additional Sedvices (Allowance)
1. Survey
$ 42,497.00
2. Permitting (as applicable), TCEQ, Railroad, TxDOT
$17,758.00
3. Phase 1 Environmental Assessment, Haz-disposal
$6,876.00
4. Start-up Services
$ 3,960.00
5. Warranty Phase
$4,422.00
6. SCADA Documentation
$8,452.00
7. Construction Observation Services
$87,000.00
Sub -Total Additional Services Fees Authorized
$170,965.00
Total Authorized Fee
$639,621.00
EXHIBIT "B"
Page 3 of 3
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4 Y
.a. '&L!
;+
jA
x �x
as Et,
INTERCEPT 36" GRAVITY LINE
CONSTRUCT NEW MANHOLE
/ PROP. 3
GRAVITY MAIN
/
CN
JUNCTION BOX 1 \
BAR SCREEN STRUCTURE
PROP. PUMP STATION SITE
PROP. 60
CAS/NG 1 PROF
.TY 48"
GRA VIT MAIN
P9MrR
\ \F2
I r rnm
r BROADWAY WASTEWATER
z� TREATMENT PLANT
P F
-f
TO GRIT / QBE'
P
CHAMBER
5~ J6+ LC S \/ EXIST. BWWTP INFLUENT
EO r(2 NOTIFY
STRUCTURE INTO R / LIFT STAT/ON
INTO
JUNCTION BOX
EXIST. SEWER
PROP. MANHOLE X \ \\
EXIST. RAILROAD CROSSING
PROP. FORCE MAIN /
— PROP. GRAVITY SEWER
PROP. PUMP STATION / SITE
EXIST. GRAVITY LINE
(TO BE ABANDONED)
INTERCEPT 8" GRAVITY LINE
EXIST. RESACA CONSTRUCT NEW MANHOLE
LIFT STAT/ON
(TO BE DEMOLISHED) g" VC
^ VC 12' PVC
FM SAN 444
EX/ST. NORTH BEACH
1O' FORCE MAIN
(TO BE ABANDONED)
PROP. 48"
� 1 GRAV/TY MAIN
o so ioo zoo aoo
GRAPHIC SCALE IN FEET
EX/SL 74" GRAVITY LINE
(TO REMAIN)
za'Vc
JG
7�
EX/ST. 36" GRAVITY LINES
(TO REMAIN)
GOVIN^
PROP. TEMPORARY
74' FORCE MAIN
I
NORTH
asliiiiiiiiiiiiiiiipr
r BROADWAY WASTEWATER
z� TREATMENT PLANT
P F
-f
TO GRIT / QBE'
P
CHAMBER
5~ J6+ LC S \/ EXIST. BWWTP INFLUENT
EO r(2 NOTIFY
STRUCTURE INTO R / LIFT STAT/ON
INTO
JUNCTION BOX
EXIST. SEWER
PROP. MANHOLE X \ \\
EXIST. RAILROAD CROSSING
PROP. FORCE MAIN /
— PROP. GRAVITY SEWER
PROP. PUMP STATION / SITE
EXIST. GRAVITY LINE
(TO BE ABANDONED)
INTERCEPT 8" GRAVITY LINE
EXIST. RESACA CONSTRUCT NEW MANHOLE
LIFT STAT/ON
(TO BE DEMOLISHED) g" VC
^ VC 12' PVC
FM SAN 444
EX/ST. NORTH BEACH
1O' FORCE MAIN
(TO BE ABANDONED)
PROP. 48"
� 1 GRAV/TY MAIN
o so ioo zoo aoo
GRAPHIC SCALE IN FEET
EX/SL 74" GRAVITY LINE
(TO REMAIN)
za'Vc
JG
7�
EX/ST. 36" GRAVITY LINES
(TO REMAIN)
GOVIN^
Prior Council Action January 2002
2
Proceed with Option #3
New WWTP in the Industrial Area
•
Amend A/E Contract with Govind Engineering
Amendment No. 6 — (April 16, 2002)
Assemble team for negotiations between
City, Citgo & Port of Corpus Christi
(on-going)
Letter sent from City to Citgo addressing
issues specific to land purchase and
indicating interest in purchase of property
LJ
J u ne 3 2003
2
i
3
Interim improvements to existing plant
Necessary to maintain compliance with TCEQ
Odor Control System for the headworks & barscreen
Complete January 2002
Soundproofing Blower House #1
0 Complete July 2002
Aerobic Digester rehabilitated with new blowers
0 Complete July 2002
Rehab trickling arm filters & repaired cracks
0 Complete June 2003
Repaired handrails & primary clarifier bridges
%0 Complete June 2003
i
3
Present contract will provide for:
•
Next step of long-term planning to phase out
Broadway WWTP in stages
•
Construction of new lift station at Resaca Street,
including landscaping, odor control and temporary
force main to head of plant
•
Installation of new 36"/48" Gravity Sewer to
accommodate additional flows in Broadway Basin
Service Area and provide for future growth
•
Reduction of odors at existing plant headworks
•
Help alleviate manhole overflows along Leopard
4
Estimated Construction Cost
for Current Design Work
•
36"/48" Gravity Line $ 198829200
•
•
•
•
36" Gravity Line under IH 37 7889100
New 15" line under IH 37
(Mexico Street) 3579000
New lift station
and related improvements 495349200
TOTAL ESTIMATED
CONSTRUCTION COST: $ 79561,500
MINI 1116
LAND PURCHASE BROADWAY WASTEWATER TREATMENT PLANT
';DESIGN PHASE/O%/O%//////////////iDIVERSION
CONSTRUCTION PHASE
1 1.
1. 1 1 1.
1. 1
1 1:
1: 1•
1' 1
='Purchase
Plant Site andRelated
New • w
:New Line Across lH 37 to Antelope
48" Line to Plant Lift Station
!Rehab Existing 15" Line Across lH 37
5A
li:Rehab Existing 36" Sanitary Sewer
'Port';New
of •Mitigation
10
l Clean Up
3
New Plant at Citgo •.-
�Construction of •il Tanks (by others-
:Demolition of 4 Storage Tanks (by others)
Hauling8 Citgo Site Fill
Rehab Existing36" Line
�j�i
New . - Main to Citgo -
4
Demolition of Existing Broadway WWTP
--®//j
PROPOSED CONTRACT AMENDMENT
W
AGENDA MEMORANDUM
July 8, 2003
SUBJECT: Multi -Purpose Arena - (Project No. 4236)
AGENDA ITEM:
a. Ordinance appropriating $3,485.00 in unappropriated interest earnings from the Water
CIP Fund No. 4081 (1994 evenue Bond); amending the Capital Budget adopted by
Ordinance No. 025144 to increase appropriations by $30,485.00; and declaring an
emergency.
b. Motion to authorize the City anager, or his designee, to execute a Change Order No.
2 for the Multi -Purpose ArenO in the amount of $121,118.00 with Fulton Coastcon, Joint
Venture of Corpus Christi,, Texas, for architectural revisions including masonry,
plumbing, water main, fife hydrants, electrical, mechanical, structural steel,
telecommunication, fire standpipes, fire protection, and solid plastic toilet partitions.
FUNDING: Funding is available from the Arena and Water CIP Funds.
RECOMMENDATION: Approval of the ordinance and motion as presented.
X", "IA",-
A96eVIR. Escobar, P. E.
Director of Engineering Services
ADDITIONAL INFORMATION
Exhibit A.
Background Information
Exhibit B.
Prior Actions
Exhibit C.
Change Order Summary
Exhibit D.
Preliminary Budget
Exhibit E.
Location Map
H:\HOME\KEVINSkGEN\Arena\CO2Memo.doc
—171—
ADDITIONAL INFORMATION
SUBJECT: Multi -Purpose Arona -(Project No. 4236)
BACKGROUND: Council app ved the ranking of the firms on November 5, 2002. The
proposal submitted by Fulton -C astcon, Corp., Joint Venture was determined to represent
the best value. The sealed pror osals were received and opened on Monday, October 21,
2002. The evaluation and rar king occurred within the 45 days required by the Local
Government Code (Section 271.118). The Local Government Code permits cities using
the sealed proposal process to negotiate with the selected firm options for scope and time
modifications and price changes.
Contract negotiations and valuo engineering resulted in a revised not to exceed price of
$34,232,798 for the Multipurpose Arena. This amount represents the realistic minimum
price that will result in all of the commitments made being fulfilled regarding design, quality,
and opening prior to the beginning of the 2004 basketball season. The total savings from
value engineering included in the contract awarded was $3,243,202. The specific
modifications negotiated did not impact the architectural design, finishes, functionality, and
public areas of the arena. The final contract price included $1,500,000 of mechanical
improvements for the Convention Center Expansion project resulting in a total contract
award of $35,732,798.
CHANGE ORDER No. 2: The majority of the items included in Change Order No. 2 are
required to ensure the new Arena meets applicable code requirements. The items fall into
eight broad categories of work. The final plans issued for construction included a number
of items that were not included on the set issued for bid or subsequent addenda issued
prior to opening sealed proposals. The net cost of these changes totaled $24,231. The
additional cost items for the plan set issued for construction totaled $58,228. The Change
Order does include $33,997 of cost reductions that do not impact the architectural
appearance or functionality of the building. A summary change order items is attached.
See Exhibit C. The savings included such items as:
• Changing transformer yard to transformer pads with bollards at the request of AEP
(AEP does not want block walls around transformers to improve cooling);
• Reduction of main duct size on air conditioning based on air flow recalculation;
• Modification of control configuration for air handling units;
• Deletion of requirement for independent electrical testing and substitute testing by
manufacturer and electrical contractor;
• Delete requirement for encapsulated electrical ballasts; and
• Other minor mechanical and plumbing modifications.
Other items on the change order with a total value of $96,887 include;
• additional electrical ducts (requested by AEP) and telephone cable television ducts;
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EXHIBIT "A"
Page 1 of 2
• new 12" water main on the closed block of Water Street;
• two additional fire hydrants;
• change exterior band and wainscoat from marble to granite to match Convention
Center;
• changes to doors, fire ratings, and hardware per architect's recommendation;
• addition of standpipes and fire pump upgrade to meet National Fire Protection
Code;
• install fire rated floor hath at event level; and
• install solid plastic toilet partitions in lieu of stainless partitions as requested by
Arena manager (SMG).
FUNDING: The project contingency is funding $90,634 of the change order. The Water
CIP Fund is providing $30,485 or the new 12" water line and fire hydrants. The project
budget is attached. See Exhibit D.
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EXHIBIT "A"
Page 2 of 2
PRIOR ACTIONS
PRIOR COUNCIL ACTION:
The Arena and Convention Center projects have involved a number of complex actions.
Some of the significant actions by Council include:
June 29, 1999 - Ordinance increasing the Hotel -Motel Occupancy Tax Rate from 7% to 9%
(Ord. No. 023684).
February 8, 2000 - Motion a arding project management contract in the amount of
$486,000 to Gilbane Building C mpany for the Bayfront Convention Center Expansion and
Rehabilitation project (M2000- 39).
November 14, 2000 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of
seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of the
Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ord. No.
024269).
January 23, 2001 - Ordinance appropriating and advancing $900,000 forthe Arena project
(Ord. No. 024346).
January 30, 2001 - Ordinance appropriating $583,600 from anticipated revenues of the 2%
Hotel Occupancy Tax and transferring $583,600 to the No. 3180 Convention Center
Capital Improvement Fund (Ord. No. 024348).
January 30, 2001 - Motion awarding an architectural services contract to Thompson,
Ventulett, Stainback and Associates, Inc. For the multi-purpose arena and Bayfront
Convention Center Expansion and Rehabilitation projects providing that $1,383,600 is
currently authorized with the remaining balance of $3,093,250 being authorized only upon
appropriation of funds (M2001-034)
February 13, 2001 - Ordinance appropriating $900,000 from increased revenues generated
by the 1/8 cent sales tax increase for the Multi -Purpose Arena Facility.
February 13, 2001 - Ordinance rescinding Ordinance No. 024346 which appropriated
$900,000 from the Unreserved Fund Balance of the Hotel Motel Occupancy Tax Fund;
advancing $900,000 to and appropriating in the No. 3275 Arena Facility CIP Fund.
February 20, 2001 - Motion authorizing Amendment No. 2 with Gilbane Building Company
in the amount of $281,000 for construction management services during the design phase
of the Multipurpose Arena and Bayfront Convention Center Expansion and Rehabilitation
projects (M2001-080).
July 24, 2001 -Ordinance adopting the FY2001-2002 Budget and appropriating funds as
set forth (Ord. No. 024528).
August 21, 2001 - Council approval of the Corpus Christi Business and Job Development
Board resolution to issue a $5 million note for the land acquisition associated with the
Multipurpose Arena and authorization to issue the notes on (Res. No. 024551).
EXHIBIT B
Page 1 of 3
H:\HOME\KEVINS\GEN\Arena\CO2PriorActonsExhB.doc -174-
August 28. 2001 -
• Authorization to submit a grant application for an Economic Development Initiative
Special Project in the amount of $498,900 for land acquisition to expand the Bayfront
Arts and Sciences Park (Refs. No. 024563);
• Authorization to execute II documents necessary to accept and implement an
Economic Development InIiiative Special Project for land acquisition to expand the
Bayfront Arts and Sciences'Park (M2001-339);
• Appropriation of $498,900 subject to approval by the U. S. Housing and Urban
Development in the No. 100 Federal State Grants Fund for the FY2001 Economic
Development Initiative Special Project for land acquisition to expand the Bayfront Arts
and Sciences Park (Ord. No. 024564);
• Authorization to execute an earnest money contract in the amount of $250,000 for
acquisition of Lots 1 - 12, Block 72, Beach Addition with TRT Development Company
for a purchase price of $3,319,084 (M2001-340).
September 11, 2001 - Motion authorizing the City Manager, or his designee, to execute a
geotechnical investigation and study in the amount of $39,880.00 with Fugro South, Inc.,
for the Multipurpose Arena and Convention Center Expansion/Rehabilitation project
(M2001-346).
October 30, 2001 - Ordinance appropriating $5,000,000 from loan proceeds into the Arena
Facility Fund No. 3275 for Multipurpose Arena land acquisition, amending Ordinance No.
024162 which adopted the FY2000-2001 Capital Budget by increasing appropriations by
$5,000,000; and declaring an emergency.
November 13, 2001 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the architectural services contract with Thompson, Ventulett,
Stainback & Associates, Inc., in an amount not to exceed $78,300 for wind tunnel studies
of the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2001-424).
September 9, 2002 -
a. Ordinance appropriating $425,000 from the Hotel Occupancy Tax Fund No. 1030 un-
appropriated fund balance (HB 1655 Convention Center Expansion/Renovation
proceeds); authorizing the transfer of $425,000 and appropriating $425,000 in the
Convention Center Expansion/Renovation Capital Fund No. 3180 and declaring an
emergency (Ord. # 025003)
b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 in
an amount not to exceed $736,465 to the architectural services contract with
Thompson, Ventulett, Stainback & Associates, Inc., for additional design and
construction phase services for the Corpus Christi Bayfront Convention Center and
Multipurpose Arena (M2002-292)
November 5, 2002 - Motion approving the recommended ranking of contractors for the
Multi -Purpose Arena and authorizing the City Manager or his designee, to enter
negotiations in accordance with the Local Government Code (M2002-364).
November 26, 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the Construction Manager at Risk contract with Moorhouse-Beecroft,
Joint Venture, LLC establishing a Guaranteed Maximum Price of $25,000,000 for
construction of the Bayfront Convention Center Expansion / Rehabilitation project (M2002-
399).
December 17, 2002 -
a. Ordinance Appropriating $49,575,939 in the No. 3275 Arena 2002 CIP Fund from the
Proceeds of the Sales Tax Revenue Bonds, Series 2002, to Fund the Construction of
EXHIBIT B
Page 2 of 3
H:\HOME\KEVINS\GEN\Arena\CO2PriorActioneErhB.doc -175-
the Area; and Declaring an �mergency.
b. Motion authorizing the City Manager, or his designee, to execute a construction
contract with Fulton-Coastcon Corp., Joint Venture in an amount not to exceed
$34,232,798 for the Multi -Purpose Arena and an amount not to exceed $1,500,000 for
the Convention Center Expansion Mechanical System Improvements. (Total Contract =
$35,732,798)
January 14, 2003 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 4 with Gilbano Building Co. in the amount of $2,575,000 for project
management services (construction phase) for the Convention Center Expansion and
Rehabilitation ($1,287,500) and Multipurpose Arena Projects ($1,287,500) M2003-013.
January 21, 2003 — Motion authorizing the City Manager, or his designee, to execute an
engineering materials inspectionand laboratory services agreement with Fugro South, Inc.
in an amount not to exceed $23,000 forthe Bayfront Multi -Purpose Arena project (M2003-
032).
May 13, 2003 - Motion authorizing the City Manager, or his designee, to execute Change
Order No. 1 for the Multi -Purpose Arena in the amount of $572,309 with Fulton-Coastcon,
Joint Venture for changes in the structural, acoustical deck, glazing, electrical and other
systems (M2003-173).
PRIOR ADMINISTRATIVE AC IONS:
July 31, 2000 - Award of Amendment No. 1 in the amount of $7,500 to Gilbane Building
Company for architectural selection assistance for the multi-purpose arena.
November 4. 2002 — Award of a contract in the amount of $8,800 to Shiner Moseley and
Associates for the development of the Convention Center Expansion and Multipurpose
Arena Traffic Control Plan.
November 12, 2002 — Award of a contract in the amount of $2,800 to MEI Govind for
survey services associated with partial closure of Shoreline Boulevard.
November 12, 2002 — Award of a contract in the amount of $10,500 to Laurence &
Associates for the Multi -Purpose Arena Pile Load Test.
FUTURE COUNCIL ACTIONS;
Council will be requested to award an construction contract for the reconstruction of
Shoreline in front of the Arena and Convention Center. This will require the subsequent
award of construction and testing contracts. Additional change orders may be necessary
as construction progresses. A change order for the suite build out will be presented to
Council for consideration in July. The purchase ice making equipment for the Arena floor
will need to be addressed as part of the lease agreement with the Rays.
Several furnishings, fixture and equipment packages that are not part of the construction
contract will require award by Council. These include:
• Concession/food service equipment;
• Scoreboard;
• Seating;
• Signage; and
• Other FFE items.
EXHIBIT B
Page 3 of 3
H:\HOME\KEVINS\GEN\Arena\CO2PriorAcfionsExhB.doc —176—
Copus Christi Multi -Purpose Arena
Change Order #2
n
Exhibit C
June �g,2poa Page 1 of 1
Description of Chane
Reason for Chane
Add
Deduct
Issued for Construction Changes
la
Added Masonary Walls for Mechanical & Plumbing Cha `1a
No chases were shown
I
$5,730
1.b
Fill Mechanical Room West Wall with Insulation
This wall was not previously insulated
$1,660
1.c
Change configuration of walls in Generator/ Mechanical K00111
Rearranged for Generator ventilation
$743
1.d
New drains on the loading dock for ice melt
No drains were shown
$1,500
1 a
Transformer yard was changed to transformer pads and protective bollards
AEP did not want a block wall around the
transformers to allow cooling
-$5,387
1.f
Use handrails with vertical bars instead of horizontal rail4
Code issue - Horizontal bars allow climbing
$2,990
1.g
Added 2" expansion material at connection to Conventioh Center Expansion
Not included in either project
$2,022
1 Ir
Miscellaneous Structural steel Details Changes
Several details were changed from the bid drawings.
$g 487
This is the net change
1.i
Reduced duct sizes on main A/C distribution duct (62" to 60")
Reduction due to recalculation
-$2,050
1.j
Miscellaneous Mechanical Changes
-$660
1.k
Changed control configuration for Air Handling Units
Deleted 3 way valve
-$3,858
1_I
Added minimal lighting under crawl space
Ommission - Not on bid drawings
$9,195
l.m
Added Lighting for North Emergency Exit Stairs
Code Issue - Lighting for emergency egress.
$6,102
1 n
Added Poles and bases for fixtures on deleted wall plus additional fixtures on
Loading dock requires adequate lighting at 15'
$15,267
building walls at the Loading Dock.
mounted height.
1.o
Miscellaneous Electrical Changes
Add cincuts and devices from IFC Drawings
$1,616
i.p
Delete independent electrical testing requirement
Testing by Manufacturer and NRJ
1 -$13,800
1.q
Delete requirement for inc ipsulated ballasts
Cost Saving - no reduction in performance
-$81000
l.r
Added Sink and piping in Room 1-244
Not on plans
$1,916
1 s
Miscellaneous Plumbing Changes
Piping and fixtures changes
-$242
Subtotal
$58,228
-$33,997
Total Cost for all of the Issued for Const.
Revision No. 6 Changes
$24,231
2
Electrical and Telephone conduits (PCO # 1)
Additional 2 each - 6" conduits at electrical Ductbank along the West side of
Additional conduits were required as requested by
2.a
the Arena for APL as required to relocate the existing overhead power to
AEP. This change has been performed by the Arena
underground service..
Contractor as they already had work associated with
the ductbank included as pad of their original scope.
$27,946
Added 3 - 4" and 1-2" telecom and cable conduits for S WBT Telephone and
Original drawings did not provide from UG
2.b
Cable TV Company
telephone and Cable TV, even thought the existing
service would be demolished
The existing 10" water line in Water Street would be
3
New 12" water line in Water Street. Approximately 40011 and 2 fire hydrants
under the Loading Dock retaining wall fooling and
$30,485
(PCO # 2)
15' of cover. The new 12" replaces the 10" and a 6".
No fire hydrants were included in the bid set
4
Change Exterior Band and Wainscot from Marble to Granite
This was change by ARO to match the convention
$9,920
center and add wainscot ommitted in the bid set.
Changes to Doors, Fire ratings and Hardware per the Architect's Proposal
Revisions picked up by the Architect on the Revision
5
Request No. 002 (PCO # 7)
#6 Drawings and PR No. 002
$5,478
6
Addition of Standpipes and Fire Pump upgrade for Fire Protection (GBCo./AG-
Required by City Fire Marshal, but he would not
CM PCO # 3)
allow deletion of bowl sprinkler heads
$16,659
7
Fire rated Floor Hatch at Event Level
Opening shown on Drawings, but hatch not
specified.
$6,399
8
Provide substitute solid plastic Toilet Partitions in lieu of the Stainless Steel
Requested by Arena Operator SMG
Partitions currently specified.
$0
Totals 1
$121,118
Net Additional Lump Sum - Change Order # 2 $121,118
Exhibit C
June �g,2poa Page 1 of 1
MULTI-PURPOSE ARENA
Arena Project Budget
BJuI-03
Project Revenues
Short Term Note
Federal Grant
Arena Sales Tax Fund Balance Contribution
Water CIP Fund
Bond Proceeds
Project Expenditurels
Pay Off Note
Land Acquisition
Construction
Change Order No. 1
Change Order No. 2
Less mechanical share for Convention Center
Streets
Signage
Contingency
A/E
Geotechnical
Project Management
PM Construction Phase (1)
Art (1.25%)
Materials testing/laboratory
FFBE
Seating
Engineering ISF Reimbursement
5,000,000
498,900
500,000
30,485
49,575,939
55,605,324
5,000,000
3,319,084
35,732,798
572,309
121,118
(1,500,000)
400,000
349,914
876,942
3,247,549
27,880
288,500
1,287,500
427,730
230,000
3,300,000
1,800,000
124,000
55,605,324
Exhibit D
Page 1 of 1
-178-
rrle : \Mpro ect\councilexhibits\a
SHIP CHANNEL
HARBOR BRIDGE
CONvAN
Iwi�
�_= =F= =.I= v
CITY PROJECT N VICINI i
i�;
PROJECT SITE
CORPUS CHRISTI
BAY
o. 4236 NOT To SCALE EXHIBIT "E"
CITY COUNCIL EXHIBIT
MULTI — PURPOSE ARENA DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
CITY OF CORPUS CHRISTI, TEXAS DATE: 07-08-2003 —
-179-
.
ORDINANCE
APPROPRIATING $j30,485 IN UNAPPROPRIATED INTEREST
EARNINGS FROM THE WATER CIP FUND NO. 4081 (1994
REVENUE BOND) POR ARCHITECTUAL REVISIONS TO THE
MULTI-PURPOSE ARENA; AMENDING CAPITAL BUDGET
ADOPTED BY ORDINANCE NO. 025144 TO INCREASE
APPROPRIATIONS BY $30,485; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $30,485 in unappropriated interest earnings from the Water
CIP Fund No. 4081 (1994 Revenue Bond); is appropriated for architectural
revisions to the Multi -Purpose Arena.
SECTION 2. That the Capital Budget adopted by Ordinance 025144 is amended
to increase appropriations by $30,485.
SECTION 3. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
day of , 2003.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor
APPROVED: June 25, 2003
Lisa Aguilar U
Assistant City Attorney
for City Attorney
MM
17
NDA MEMORANDUM
City Council Action Date: July 8, 2003
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to award a construction contract to
KGS Electric Company of Victo a, Texas, in the amount of $289,727 for the Youth Outdoor
sports Facilities Lighting Improvement, Phase 2 at the following locations: (Bond Issue
2000)
• South Guth Park;
• Evelyn Price Park; arid,
• Bill Witt Park
ISSUE: As part of a Bond IsOe 2000 package, on November 7, 2000, city residents
approved a proposition to reno ate five youth outdoor sports facilities located city-wide.
These renovations included enh ncements to the lighting systems on selected sports fields
within each park. This project is utilizing costs savings and interest earnings to light
additional fields within the same parks.
FUNDING: Funding is available through the Park & Recreation Capital Improvement
Program.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the
construction contract so work may proceed on lighting additional fields in time for the fall
sports season.
Dan Whitworth
Director of Park & Recreation
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit "C" Bid Tab Summary
Exhibit "D" Location Map
` Z1,344..3
g 1 R. Escobar, P. E.,
Director of Engineering Services
H\HOME\LYNDA \GEN\PARK \Ron015 .e2000 Pro cls\Pa L,ahtma Phase 2\Mem.D
-183-
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Youth Outdoor sports Facilities Lighting Improvement, Phase 2 at the
following locationt: (Bond Issue 2000)
• South Guth Park;
• Evelyn Price Park; and,
• Bill Witt Park
(Bond Issue 2000 Project B-4)
PRIOR COUNCIL ACTION:
1. August 22, 2000 - Ordinance approving FY 2000-2001 Capital Improvement Budget
(Ordinance No. 024162).
2. November 14, 2000 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Christi for the
adoption of seven propositions; adoption and levying a sales and use tax pursuant
to Section 4A of The Development Corporation Act as approved by the voters in
Propositions 4 and 5 (Ordinance No. 024269).
3. February 27, 2001 - Motion authorizing the City Manager, or his designee, to
execute an engineering services contract in the amount of $174,339 with Colwell &
Associates, Inc. for the following projects: (Motion 2001-096).
• South Guth Park Lighting
• Waldron Park Lighting
• Bill Witt Park Lighting
• Dr. Hector P. Garcia Park Lighting
• Price Park Lighting
4. January 15, 2002 - Ordinance approving FY 2001-2002 Capital Improvement
Budget for $152,674,800 (Ordinance No. 024730)
5. September 24, 2002 - Motion authorizing the City Manager, or his designee, to
award a construction contract to Adrian Enterprises of Corpus Christ, Texas, in the
amount of $288,900 forthe Youth Outdoor Sports Facilities Lighting Improvements
Project at South Guth Park. (Motion 2002-317)
6. September 24, 2002 - Motion authorizing the City Manager, or his designee, to
award a construction contract to R.E. Rabalais Constructors, Ltd, dba Rabalais I &
E Constructors of Corpus Christ, Texas, in the amount of $26,690 for the Youth
Outdoor Sports Facilities Lighting Improvements Project at Dr. Hector P. Garcia
Park. (Motion 2002-318)
7. September 24, 2002 - Motion authorizing the City Manager, or his designee, to
award a construction contract to F & W Electric Electric of Floresville, Texas, in the
amount of $221,000 forthe Youth Outdoor Sports Facilities Lighting Improvements
Project at Bill Witt Park. (Motion 2002-319)
H:\HOME\LVNDAS\GEN\PARKS\Bond Issue 2000 PrgectslPark Lighting Phase 2\BackgrounQdoc
EXHIBIT "A"
Page 1 of 3
-184-
8. September 24, 2002 - Motion authorizing the City Manager, or his designee, to
award a construction contract to R.E. Rabalais Constructors, Ltd, dba Rabalais I &
E Constructors of Corps Christ, Texas, in the amount of $134,690 for the Youth
Outdoor Sports Faciliti s Lighting Improvements Project at Evelyn Price Park.
(Motion 2002-320)
PRIOR ADMINISTRATIVE
1. October 18, 2000 - D
(Public Health and &
73 local architectural
2. November 10, 2000 -
2000-08 - (Public He
Projects) to 73 local ,
3. January 10, 2001 - A
2000-08 - (Public He
Projects) to 73 local
4. January 9, 2001 - A
engineering services
Inc. for the following
• Waldron Park Liq
ution of Request For Qualifications (RFQ) No. 2000-08 -
Parks and Recreation, Street Improvement Projects) to
engineering firms.
endum No. 1 to the Request For Qualifications (RFQ) No.
and Safety, Parks and Recreation, Street Improvement
tectural and engineering firms.
idum No. 2 to the Request For Qualifications (RFQ) No.
and Safety, Parks and Recreation, Street Improvement
tectural and engineering firms.
iistrative approval of deductive Amendment No. 1 to an
ract in the amount of $(10,023) with Colwell & Associates,
FUTURE COUNCIL ACTION: !Nothing Anticipated.
PROJECT BACKGROUND: On Tuesday, November 7, 2000, the City of Corpus Christi
held an election to consider i'a number of ballot propositions to fund major capital
improvements for the community, Bond Issue 2000. The November 7, 2000 election was
held jointly with Nueces County and coincided with the Presidential Election.
The Bond Issue 2000 package includes $30.8 million in projects to be funded from ad
valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety,
Parks and Recreation/Museum, and Street Improvement projects. The proposed projects
target the City's most immediate needs to improve existing physical facilities, provide for
growth, and protect the City's investment in its infrastructure.
Proposition No. 3 Park/Recreatibn and Museum Improvements provides for upgrades and
improvements to city-wide youth sports complexes which includes lighting improvements.
The existing facilities required major updating to meet the high demand for youth sports
facilities on a year-round basis.
Due to realized cost savings on prior lighting projects and interest earnings on the Park
Capital Improvement Bond Fund, this project is able to light additional fields within the
same parks as part of the Bond Issue 2000 program.
HAHOIAELVNDAS\GEMPARKS\Bond Issue 2000 ProjectsWark Lighting Phase 2\Bai doc
EXHIBIT "A"
Page 2 of 3
-185-
PROJECT DESCRIPTION:
This project will provide for demolition and installation of sports lighting and electrical
equipment at
• Price Park (Southside Pony League Field)
• Bill Witt Park (Padre Soccer League & South Texas Pop Warner Football League)
• South Guth Park (Oso [Jittle Miss Kickball League, National Little League & Oso
Pony League)
all in accordance with the plans), specifications and contract documents.
The individual fields determinedlto receive additional upgraded lighting were determined by
the Park & Recreation department in consultation with the individual league
representatives. Working within the allocated budget, this group developed a priority list of
fields to be improved. The fir% phase of this project provided for the development of a
master plan of all field lighting in provements needed and put the necessary infrastructure
in place to accommodate future lighting projects in each field as funding allows. This
project will light additional fields within the same voter -approved parks.
BID INFORMATION: The project consists of three base bids. The city received proposals
from five (5) bidders on June 118, 2003. (See Exhibit "C") The total base bid amounts
ranged from $289,727 to $394,800. The Engineer's estimated construction cost for the
project is $360,000.
One bidder was deemed non-responsive due to improperly executed bid bond. This did
not affect the priority bid order though. KGS Electric Company of Victoria, Texas, was the
lowest responsive bidder. Therefore, the City's consultant, Colwell & Associates, Inc. and
City staff recommend that based) on low bid and satisfactory references with projects of this
type that a construction contract be awarded to KGS Electric Company of Victoria, Texas
for the Youth Outdoor Sports Facilities Lighting Improvements Phase 2 at the following
locations:
• South Guth Park;
• Evelyn Price Park; and,
• Bill Witt Park
CONTRACT TERMS: The contract specifies that actual construction may only take place
during the following time schedules:
• South Guth Park Field #2 — December 1, 2003 and January 31, 2004;
• South Guth Park Fields # 8 and 10 — September 1, 2003 and November 31, 2003;
Evelyn Price Park— December 1, 2003 and January 31, 2003; and,
Bill Witt Park— December 1, 2003 and January 31, 2004.
FUNDING: Funds for this project are available in the FY 2002-03 Park & Recreation
Capital Improvement Budget.
HAOMEtLVNDAS\GEN\PARKS\Bond Issue 2000 Projeds\Park Lighting Phase 2\Background.doc
EXHIBIT "A"
Page 3 of 3
B-4: OUTDOOR SPORTS FACILITIES LIGHTING IMPROVEMENTS, PHASE 2
SOUTH GUTH PARK
BILL WITT PARK
PRICE PARK
PROJECT BUDGET
July 8, 2003
FUNDS AVAILABLE:
ESTIMATED
BUDGET
Park 2001CIP Bond Fund ( $ 357.002.00
FUNDS REQUIRED:
Construction Cost KGS Electric Oompany of Victoria, TX
$ 289,727.00
Construction Contingencies
28,972.00
Design Consultant
16,803.00
Enqineerinci Reimbursements
6,000.00
Construction Inspection
10,000.00
Administrative Reimbursements
3,000.00
Incidental Expenses (Printing, Advertising, etc.) ..................................
2,500.00
Total.....................................................................................................
$ 357,002.00
EXHIBIT "B"
Page 1 of 1
-187-
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
Youth Outdoor Sports Facilities Lighting Improvements Phase 2 - South Guth Park, Evelyn Price Park, & Bill Witt Park -
Project No. 3253, 3254, 3255
TABULATED BY: John Rodriquez, P.E., Colwell & Associates, Inc. ENGINEER'S ESTIMATE: $360,000
DATE: 6/1812003
TIME OF COMPLETION: 60 CALENDER DAYS
Youth Outdoor Sports Facilities Lighting
Improvements Evelyn Price Park Phase 1
Project No. 3221
KGS ELECTRIC COMPANY
P.O. BOX 3626,
VICTORIA, TEXAS 77903
Rabalais I & E
11200 Up River Rd.,
Corpus Christi, TX 78460
LITECO ELECTRIC
3808 AVE. F HWY 90W
DEL RIO, TEXAS 78840
ITEM
DESCRIPTION
QTY.
UNIT
BASE BID
BASE BID
BASE BID
1
Youth Outdoor Sports Facilities -
Lighting Improvements - Phase 2
BASE BID NO. 1
BASE BID NO.2
1
$ 139,040.00
$ 44,178.00
$ 150,735.00
$ 51,555.00
$ 164,940.00
$ 53,000.00
BASE BID NO. 3
TOTAL BASE BID 1, 2, & 3
$ 106,509.00
$ 92,400.00
$ 98,376.00
$ 289,727.00
$ 294,690.00
$ 316,316.00
Youth Outdoor Sports Facilities Lighting
Improvements Evelyn Price Park Phase 1
Project No. 3221
Fairbairn Electric
1821 N. Port Ave.,
Corpus Christi, Tx. 78401
"Elite Construction Co.
5414 Pressler
Corpus Christi, Texas 78413
ITEM
DESCRIPTION
QTY.
UNIT
BASE BID
BASE BID
BASE BID
Youth Outdoor Sports Facilities -
1
1
_
Lighting Improvements
BASE BID NO. 1
$ 184,800.00
$ 187,200.00
BASE BID N0.2
BASE BID N0. 3
TOTAL BASE BID 1 2, & 3
$ 42,900.00
$ 59,200.00
$ 100,440.00
$ 328,140.00
$ 148,400.00
$ 394,800.00
" Non -Responsive due to bid bond not identifying the City of Corpus Christi
fibit'C
a1 Of
NOT TO SCALE
PROJECT # 3253, 3254 & 3255
EXHIBIT "D"
YOUTH OUTDOOR SPORTS FACILITIES CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
LIGHTING, PHASE 2 DEPARTMENT OF ENGINEERING SERVICES
( Bond Issue 2000 Project B-4) PAGE: 1 Of 1
DATE: 09-18-2002
ir,
NDA MEMORANDUM
City Council Action Date: July 8, 2003
AGENDA ITEM:
A. Ordinance appropriating $461,382 from the unappropriated interest earnings from
Water 1994 CIP Fund 4051; and appropriating in Water CIP Fund 4081 forthe O.N.
Stevens Water Treatment Plant Wash Water System, Phase 3 Elevated Tank;
amending capital budg t adopted by Ordinance No. 025144 by increasing
appropriations by $461,1`82; and declaring an emergency.
B. Motion authorizing theity Manager, or his designee, to award a construction
contract to Pittsburg Tan & Tower Co., Elevated Storage Division, Inc., of Sebree,
Kentucky, in the amountlof $461,382 for the O.N. Stevens Water Treatment Plant
Wash Water System, Phase 3 Elevated Tank.
ISSUE: This is the third of three phased projects to improve operations at the O.N.
Stevens Water Treatment Plant. Upgrade of the Wash Water System is required to
improve system reliability and allow continued efficient operation of the plant. This contract
will provide for the installation of a 300,000 gallon elevated water storage tank necessary to
provide backwash water to clean the plants 22 filters.
FUNDING: Funding is available through unappropriated interest earnings in the Water
Capital Improvement Program.
CONCLUSION AND RECOMM NDATION: Staff recommends approval of the motion as
presented so the contractor may proceed with ordering the equipment and installing the
water storage tank at the O.N. Water Stevens Treatment Plant.
o �^1'"/ /C caw`"t
Eduardo Garana, P. E., 3 ;Angel R. Escobar, P. E.,
Director of Water Services Director of Engineering Services
Additional SUDDort Material:
Exhibit "A"
Background Information
Exhibit "B"
Project Budget
Exhibit "C"
Bid Tabulation
Exhibit "D"
Location Map
H'\HOME\LVNDAS\GEMWATER\O N Stevens Water Treat=nt Plant\6316 - Wash Water System Phase 3-Elevsted TankWem DOC
-193-
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: ON Stevens Water Treatment Plant Wash Water System, Phase 3
(Elevated Storage Tank, Project # 8376)
PRIOR COUNCIL ACTION:
1. September 9, 1997 - Approval of motion to amend Section 4 of the Master Water
Plan (Motion 97-246).
2. September 9, 1997 - Approval of amendment of the City of Corpus Christi
Comprehensive Plan by amending the Master Water Plan, Ordinance No. 023050;
3. December 14. 1999 - Motion authorizing the City Manager, or his designee, to
execute an engineering services contract with Smith, Russo & Mercer in the amount
of $143,000 for the ON Stevens Water Treatment Plant High Service Pump Building
No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems
Upgrade) and ON Stevens Water Treatment Plant Wash Water System Phase 1,
Filters 1 - 22 Rehabilitation. (Motion No. 990422)
4. May 9, 2000 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to an engineering services contract with Smith Russo & Mercer in
the amount of $214,100 for the ON Stevens Water Treatment Plant Wash Water
System Phase 1, Filters 1 - 22 Rehabilitation stage two design work. (Motion No.
M2000-135)
5. November 14, 2000 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. 3 to an engineering services contract with Smith Russo &
Mercer in the amount of $1,640,814 for the ON Stevens Water Treatment Plant
High Service Pump Building No. 2 Pump Modifications (Electrical, Mechanical,
Instrumentation Systems Upgrade) and ON Stevens Water Treatment Plant Wash
Water System Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste)
and Phase 3 (Elevated Storage Tanks). (Motion No. M2000-401)
6. December 12, 2000 - Motion authorizing the City Manager, or his designee, to
execute a construction contract with Eagle Contracting for a total fee not to exceed
$4,634,000 for the O.N. Stevens water Treatment Plant Wash water System, Phase
1 - Filters 1-22 Rehabilitation (Motion No. M2000-436).
7. December 10, 2002 - Motion authorizing the City Manager, or his designee, to
execute a construction contract with Laughlin -Thyssen, Inc. of Houston, Texas, for a
total fee not to exceed $8,920,125 for the O.N. Stevens Water Treatment Plant
Wash Water System, Phase 2 - Filter Drain, Yard Piping, Filter to Waste project.
(Motion No. 2002-408)
H \HOME\LYNDAS\GEN\WATER\O.N. STEVENS WATER TREATMENT PLANT0376
WASH WATER SYSTEM, PHASE 3 -ELEVATED TANK\BACKGROUND.DOC
11 EXHIBIT "A"
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PRIOR ADMINISTRATIVE ACTION:
1. September 22, 2000 - Administrative approval of Amendment No. 2 to an
engineering services con ract with Smith Russo & Mercer in the amount of $14,000
for the ON Stevens Wate(Treatment Plant High Service Pump Building No. 2 Pump
Modifications (Electrical, (Mechanical, Instrumentation Systems Upgrade) and ON
Stevens Water Treat me t Plant Wash Water System Phase 1, Filters 1 - 22
Rehabilitation for hydraulic profiles.
2. November 7, 2001 - Adm nistrative approval of Amendment No. 4 to an engineering
services contract with Smith Russo & Mercer in the amount of $19,990 for the ON
Stevens Water Treatment Plant High Service Pump Building No. 2 Pump
Modifications (Electrical, Mechanical, Instrumentation Systems Upgrade).
3. December 10, 2001 - Administrative approval of Amendment No. 5 to an
engineering services con ract with Smith Russo & Mercer in the amount of $14,990
for the ON Stevens Water Treatment Plant Wash Water System Phase 1, Filters 1
- 22 Rehabilitation proje t.
4. August 19, 2002 - Administrative approval of Amendment No. 6 to an engineering
services contract with L V, Inc. d.b.a., Smith, Russo & Mercer in the amount of
$16,500 for the ON Stevens Water Treatment Plant High Service Pump Building
No. 2 Pump Modifications (Electrical, Mechanical, Instrumentation Systems
Upgrade) for inspection services.
5. September 13, 2002 - Administrative approval of Amendment No. 7 to an
engineering services contract with LNV, Inc., d.b.a. Smith Russo & Mercer in the
amount of $15,500 fortho ON Stevens Water Treatment Plant Wash Water System
Phase 2 (Filter Drain, Yard Piping and Wash Water Filter to Waste) for additional
design services.
BACKGROUND INFORMATION: Filter backwashing procedures at the O.N. Stevens
Water Treatment Plant are critical to maintaining optimum performance and water quality.
The original wash water tank, constructed in 1954, currently provides service to the plant's
original twelve filters, as well as ten additional filters constructed in 1982. Phased
improvements to enhance operations are being completed through three projects including:
• Wash Water System Phase 1 - Filters 1 - 22 Rehabilitation;
• Wash Water System Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to
Waste; and,
• Wash Water System Phase 3 - Elevated Storage Tank
Phase One of this project provided for the rehabilitation of filters 1 - 22, including:
• New filter media;
• Underground drain system;
• Installation/relocation of air scour piping and valves;
• Flow control valve for backwashing; and,
• Updating piping instrument diagrams.
This contract was completed March 15, 2002.
H:\HOME\LYNDAS\GEWW ATER\O.N. STEVENS WATER TREATMENT PLANn6376 -WASH WATER SYSTEM, PHASE 3 -ELEVATED TANK\BACKGROUND.DOC
11 EXHIBIT "A"
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Phase Two of this project provides for improved filter performance and improvements to
comply with TQEC regulations, including:
• A new Wash Water Pump Station;
• Enhancements to the instrumentation and controls;
• Filter to waste drain; and,
• Yard piping
Currently, this contract is underway and approximately 15% complete. It is anticipated to
be completed by December 20Q4. The wash water supply system component in Phase 2
is scheduled to be complete by May 2004 allowing for integration with the wash water tank
being constructed through Phase 3.
Phase Three of this project will complete enhancements to the Wash Water System with
the installation of a 300,000 gallon elevated tank. This tank will provide required pressure
and volume to provide backwash water to clean the plants 22 filters.
PROJECT DESCRIPTION: This project consists of installation of a 300,000 gallon
elevated tank, foundations, wash water piping, concrete spillway, and related
appurtenances;
BID INFORMATION: This project consists of a base bid only. The City received proposals
from two contractors on June 25, 2003. (See Exhibit "C") The bids ranged from $461,382
to $524,000. The low bidder was Pittsburg Tank & Tower Co., Elevated Division, Inc. of
Sebree, Kentucky. The Engineer's estimate for this project was $440,000.
City Staff and the City's Engineering Consultant, LNV, Inc. d.b.a. Smith, Russo & Mercer,
recommend that based on past satisfactory experience with specialty construction of this
type, that a contract be awarded to Pittsburg Tank & Tower Co., Elevated Division, Inc. of
Seebree, Kentucky, in the amount of $461,382, for the O.N. Stevens Wash Water System
Phase 3 — Elevated Storage Tank
CONTRACT TERMS: The contract specifies that the project will be completed in 270
calendar days, with completion anticipated by May 2004.
HAHOMULYNDAS\GEN\WATER\O.N. STEVENS WATER TREATMENT PLANT\6376- WASH WATER SYSTEM. PHASE 3 -ELEVATED TANKIBACKGROUND. DOC
EXHIBIT "A"
-196- Page 3 of 3
ON STEVENWATER TREATMENT PLANT
WASH WATER SYST M PHASE 3 - Elevated Storage Tank
roject No. 8376
ECT BUDGET
July 8, 2003
FUNDS AVAILABLE:
Water CIP Fund
Is 591,382
FUNDS REQUIRED:
Total
Construction Contract Pittsb
r Tank
$ 461,382
Contin encies45,000
Consultant Smith Russo & MI
rcer
59,000
Inspection
10,000
Engineering Reimbursement
9,500
Administrative Reimburseme t
4,000
Printing/AdvertisingPrinting/Advertising
2,500
Total Estimated Budget
$ 591,382
EXHIBIT "B"
Page 1 of 1
-197-
0
TABULATION OF BIDS Page 1 of 1
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TA3ULATED BY: Angel R. Escobar, P.E., Director of Engineering Services
DATE: June 25, 2003 TIME OF COMPLETION: 270 Calendar Days ENGINEER'S ESTIMATE: $440,000.00
O.N. Stevens Water Treatment Plant Wash Water
Pittsburg Tank & Tower Co.,
Caldwell Tanks, Inc.
System,
Elevated Division, Inc.
4000 Tower Road
Phase 3 Elevated Tank
1329 Hwy 41 North
Louisville, Kentucky 40219
Sebree, Kentucky 42455
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
A-1
Exploratory Excavation per A-
1
LS
$9,700.00
$9,700.00
$19,000.00
$19,000.00
47 in Special Provisions
A-2
Mobilization
1
LS
$10,000.00
$10,000.00
$10,000.00
$10,000.00
A-3
Trench Safety for Excavations
100
LF
$5.00
$500.00
$10.00
$1,000.00
Erection, installation, and
painting of 300,000 gallon
A-4
elevated tank, foundation, 42"
1
LS
$436,182.00
$436,182.00
$493,200.00
$493,200.00
ductile iron piping, 42"
butterfly valve, concrete
splash pad, and appurtenances
A-5
Erosion control by seeding
800
SY
$6.25
$5,000.00
$1.00
$800.00
TOTAL BASE BID:
$461,382.00
$524,000.00
ENTRANCE
ISTING ELEVATED WASH WATE
HOLDING TAN
scwnnm envx /,I F11
w13
t-L.-f./z
0. N. STEVENS WATER
TREATMENT PLANT
13101 UP RIVER ROAD
IH
C.C.I. AIRPORT
LOCATION MAP
NOT TO SCALE
NUECES BAY
CP&L
SUBSTATION
0
Q BOOSTER
PUMP
STATION
n. swcrt. aa.
4 MG
#1
HI SERVICE PUMP
BUILDING No. 1
secoHum �N 13 ,. FILTER
„ BUILDING
I CLEARWELL #2
r smunc es,a ,. 10 MG
m
$ECONMFI B/SIM 04
HI SERVICE PUMP.
BUILDING No. 2
PROPOSED ELEVATED TANK PLAN VIEW
O.N. STEVENS WATER TREATMENT PLANT
NOT TO SCALE
PROJECT # 8376
CORPUS
CHRISTI
BAY
HOLDING
EXHIBIT "D"
.N.Stevens Water Treatment Plant- CITY COUNCIL EXHIBIT
Wash Water System Elevated Storage DEPARTMENT OF ENGINEERING SERVICES
Tank -Phase 3 PAGE: 1 of 1
CITY OF CORPUS CHRISTI, TEXAS DATE: 07/02/2003 w.i
ORDINANCE
APPROPRIATING $461,382 IN UNAPPROPRIATED INTEREST
EARNINGS FROM WATER CIP FUND NO. 4081 (1994 REVENUE
BOND) FOR THE O. N. STEVENS WATER TREATMENT PLANT
WASH WATER SYSTEM, PHASE 3 ELEVATED TANK;
AMENDING CAPITAL BUDGET ADOPTED BY ORDINANCE NO.
025144 TO INCREASE APPROPRIATIONS BY $461,382; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $461,382 in unappropriated interest earnings from the Water
CIP Fund No. 4081 (1994 Revenue Bond) is appropriated for the O. N. Stevens
Water Treatment Plant Wash Water System, Phase 3 Elevated Tank.
SECTION 2. That the Capital Budget adopted by Ordinance 025144 is amended
to increase appropriations by $461,382.
SECTION 3. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
day of 2003.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor
APPROVED: June 26, 2003
Lisa Aguilar
Assistant City Attorney
for City Attorney
-200-
19
AGENDA MEMORANDUM
DATE: July 8, 2003
SUBJECT: McArdle Road Street Imps., Phase 3, from Everhart Road to Holmes Drive
(Project No. 6146)
BOND ISSUE 2000 PROJECT NO. C-6
Intersection Approach Improvements
• South Staples at Everhart
• Airline at South Padre Island Drive (SPID)
(Project No. 6152)
BOND ISSUE 2000 PROJECT NO. C-11
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to award a construction contract to
Cash Construction Company, Ltd. from Pflugerville, Texas in the amount of $2,579,910.00
for the McArdle Road Improvements, Phase 3, from Everhart Road to Holmes Drive (Bond
Issue 2000 Project No. C-6) and for Intersection Approach Improvements at the following
sites (Bond Issue 2000 Project No. C-11):
• South Staples at Everhart
• Airline at South Padre Island Drive (SPID)
ISSUE: This project was approved November 7, 2000 in the Bond Issue 2000 Package
under Proposition No. 1 Street Improvements. This construction contract is necessary to
complete the work.
FUNDING: Funds for this project are available in the FY 2002-2003 Street, Storm Water,
Water, and Wastewater Capital Improvement Program budgets.
RECOMMENDATION: Staff recommends approval of the motion as presented.
;� i�sl'�i,-� 6 ,?e 03
Escobar, P. E.,
irector of Engineering Services
Additional Suoaort Material:
Exhibit "A"
Background Information
Exhibit "B"
Project Budget
Exhibit "C"
Bid Tabulation
Exhibit "D"
Location Map
Exhibit "E"
Prior Actions
H:\USERS2\HOME\VELMAR\GEN\STREET 6146\CONSTRUCTIONWGENDA MEMO
-203-
BACKGROUND INFORMATION
SUBJECT: McArdle Road Street Imps., Phase 3, from Everhart Road to Holmes Drive
(Project No. 6146)
BOND ISSUE 2000 PROJECT NO. C-6
Intersection Appro h Improvements
• South Staples 4Everhart
• Airline at South Padre Island Drive (SPID)
(Project No. 6152)
BOND ISSUE 2000 PROJECT NO. C-11
BACKGROUND INFORMATION:
McArdle Road Street Improvements, Phase 3, from Everhart Road to Holmes Drive
This project was approved under the November 2000 Bond Election. This project involves the
acquisition of properties to facilitate the project. This street improvement project involves the
removal of all existing curbs arid gutters, driveways, sidewalks and the construction of a new
street to accommodate two (2) moving lanes, in each direction, and a center turn lane. The
project also includes the installation of additional storm drainage to improve drainage, street
lighting and other appurtenances. Replacement of an existing water line and adjustment and
rehabilitation of sanitary sewer manholes are also in the project scope. Based on the current
schedule, Southwestern Bell Corporation (SBC) will have new poles set at the new right-of-way
line in early July. The change over of all utilities from the old poles to the new poles, and the
subsequent removal of the old poles, should follow in a timely manner.
Intersection Approach Improvements
This project was approved under the November 2000 Bond Election. The scope of this project
provides for widening three (3) street approaches to congested intersections through the
addition of exclusive right -turn lanes to relieve traffic congestion and improve traffic flow.
Locations designated for these improvements include:
1. Waldron Road — New right turn lane on northbound Waldron road at Hustlin' Hornet Drive
2. South Staples Street — New right turn lane on southbound Staples Street at Everhart Road
3. Airline Road — New right tum lane on southbound Airline Road at South padre Island Drive
Expressway Westbound Frontage Road
The original intent of the project was to bid and award these three (3) intersections as a single
construction contract. The intersection at Waldron Road adjoins the Flour Bluff Elementary
School and as such requires that construction be completed during the summer months to
avoid school vehicular and student pedestrian traffic during the school year.
On April 16, 2003, this project received bids for all three voter -approved intersections. There
was a poor bidder response to this project and only two (2) bids were received. The low bid
was deemed non-responsive because it did not include a bid bond. The second bid was
$757,580 over the Engineer's estimate. The Engineer's construction estimate for the project
EXHIBIT "A"
Page 1 of 3
H:\USERS2\HOME\VELMAR\GEN\STREET 6146\CONSTRUCTION\AGENDA BACKGROUND
-204-
was $397,847.
The inadequate response has been attributed to two factors. First, the market is currently
saturated with heavy street construction projects and as a result contractors are busy and
either not bidding projects or bidding them very high. Second, this is characteristically an
undesirable construction project due to the congested locations of the intersections and the
required accelerated construction schedule. If the qualified contractors for this type of
construction project were not so busy at this time, the project probably would have attracted
more bidders.
City staff, and the City's Consultant, Martinez, Guy and Maybik, feel that it is in the best interest
of the City and Flour Bluff Independent School District to divide this project into two construction
contracts to expedite construction, complete the Hustlin' Hornet intersection within the
construction timeframe and prevent cost overruns.
Waldron Road Intersection Improvements was added via Change Order to the Bond Issue 2000
C-4 Gollihar & Ayers Street Resurfacing construction project on May 13, 2003. This was
accomplished to due to the contractor's ability to mobilize quickly and complete the project
within the mandatory timeframe. The contractor for this project is King -Isles, Inc.
The remaining two intersections, South Staples at Everhart and Airline Road at SPID, were
included by addendum to the McArdle Road Street Improvements, Phase 3, from Everhart
Road to Holmes Drive Project.
PROJECT DESCRIPTION:
• McArdle Road Street Improvements, Phase 3, from Everhart Road to Holmes Drive
This project consists of the complete removal of an existing roadway and the construction of
2,847 linear feet of 62 -foot back to back roadway, along with 2,399 linear feet of storm sewer,
5,595 linear feet of water line, and 564 linear feet of sanitary sewer, together with all
appurtenances as shown on the plans and called for in the specifications and contract
documents.
• Intersection Approach Improvements
This project consists of constructing right -turn lanes at two (2) major street intersections,
namely:
1) The southbound lane of South Staples turning into Everhart Road; and
2) The southbound lane of Airline Road turning into South Padre Island Drive (SPID).
Completion of this project will provide better turning movement for traffic accessing Everhart
Road from South Staples and SPID from Airline.
BID INFORMATION: Bids were received on June 11, 2003 with four (4) bidders submitting a
proposal. The bid proposal was set up in two (2) groups:
EXHIBIT "A"
Page 2 of 3
H \USERS2\HOME\VELMAR\GEN\STREET 6146\CONSTRUCTIONAGENDA BACKGROUND
-205-
Group 1 — Group 1 consisted of a Base Bid for the McArdle Road Street Improvements, Phase
3, from Everhart Road to Holmes Drive Project. Sections were specified for street, storm
water, water, wastewater, traffic signal adjustment, and street light conduit. The bids for Group
1 range from $2,228,173.80 to $4,077,124.58.
Group 2 — Group 2 consisted �f a Base Bid and Alternate Bid for the Intersection Approach
Improvements Project. Two ports were included for each of the intersections, South Staples
at Everhart and Airline at SPID. Sections were specified for street, paving, driveway, and
sidewalk items, storm water i>ems, wastewater items, water items, and traffic items. The
Alternate Bid is for removal and replacement of a traffic island at the intersection of South
Staples at Everhart. The bids for Group 2 range as follows:
Base Bid from $334,427.00 to $762,311.40
Base Bid and Alternate Bid from $351,736.20 to $835,646.60
Cash Construction Company, Ltd., of Pflugerville, Texas was the low bidder on the project. The
City's consultant, MEI Govind, hasj verified references of Cash Construction Company, Ltd., and
all references have been complimentary. Cash Construction Company, Ltd. has satisfactorily
performed work for the following:
• City of Austin, Texas — Barton Hill CIP Water/Wastewater Rehabilitation
• Malcom Pernie — Balcones Village Phase 6 (A, B, E, F, G)
• Lower Colorado River Authority — City of Rollingwood, Texas Wastewater Improvements
• Weston Solutions — City of Cedar Park Water Line Rehabilitation
It is important to note that the emphasis of the referenced projects have been more general
towards utility work with associated street repairs. Cash Construction Company, Ltd. is currently
undertaking a large street project in Austin, Texas and this project is proceeding well, as per
representative with City of Austin.
It is the consultant's opinion that bids were received slightly higher than the engineer's estimate due
to the high level of construction activity that the City of Corpus Christi is currently experiencing.
There is an overall increase in all of the line items. Several subcontractors report that many of the
larger contracting firms are selective in the bidding process as many are approaching their bonding
capacity. The increase in construction activity has a direct impact on construction costs.
The City's consultant, MEI Govind, and City staff recommend a contract be awarded to Cash
Construction Company, Ltd of Pflugerville, Texas in the amount of $2,579,910 for the McArdle
Road Street Improvements, Phase 3, from Everhart Road to Holmes Drive and for Intersection
Approach Improvements along South Staples at Everhart and Airline Road at SPID.
CONTRACT TERMS: The contract specifies that the project will be completed in 300 calendar
days, with completion anticipated by June 2004.
FUNDING: Funds for this project are available in the FY 2002-2003 Street, Storm Water, Water,
and Wastewater Capital Improvement Program budgets.
:" A"
Page 3 3
H:\USERS2\HOME\VELMAR\GEN\STREEn6146\CONSTRUCTIONWGENDA BACKGROUND
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MCARDLE ROAD IMPROVEMENTS, PHASE 3,
FROM EVERHART ROAD TO HOLMES DRIVE
BOND ISSUE 2000 PROJECT NO. C-6
(PROJECT NO. 6146)
INTERSECTION APPROACH IMPROVEMENTS
SOUTH STAPLES AT EVERHART
AIRLINE AT SOUTH PADRE ISLAND DRIVE (SPID)
BOND ISSUE 2000 PROJECT NO. C-11
(PROJECT NO. 6152)
PROJECT BUDGET
July 8, 2003
EXHIBIT "B"
Page 1 of 1
-207-
McArdle Road
Intersection
Imps., Phase 3
Approach Imps.
Total
FUNDS AVAILABLE:
Street Cl P.................................................................................
$2,945,372.48
$698,785.53
$3,644,158.01
Storm Water CIP........................................................................
598,913.69
78,506.09
677,419.78
Water Cl P.................................................................................
536.023.09
15,944.00
551,967.09
Wastewater CIP........................................................................
207,108.06
22,867.20
229,975.26
Total.......................................................................................
4.287.417.32
816.102.82
5.103.520.14
FUNDS REQUIRED:
Construction:
Street.................................................................................
1,274,061.90
302,802.30
1,576,864.20
Storm Water........................................................................
434,776.90
29,141.90
463,918.80
Water.................................................................................
357,043.00
1,140.00
358.183.00
Wastewater........................................................................
162,292.00
18, 652.00
180,944.00
Total.................................................................................
2,228,173.80
351,736.20
2,579,910.00
Contingencies.. .................................... ....................................
222,817.38
35,173.62
257,991.00
Consultant:
MEI Govind........................................................................
229,195.00
0.00
229,195.00
Goldston Engineering............................................................
12,963.00
13,806.00
26,769.00
Jim K. Lontos.....................................................................
6,134.00
478.00
6,612.00
Mody K. Boatright...............................................................
3,175.00
0.00
3,175.00
Martinez, Guy & Maybik.........................................................
0.00
53,101.00
53,101.00
Structures Demolition (Mitchell's Unlimited) ....................................
79,776.00
0.00
79,776.00
Intersctn. Approach Imps. at Waldron Road (King -Isles, Inc.) ...............
0.00
147,073.00
147,073.00
Testing:
Fugro South... . ....................................................................
18,645.00
0.00
18,645.00
Kleinfelder...........................................................................
0.00
9.000.00
9,000.00
Land Acquisition Costs...............................................................
1,321,879.74
101,844.00
1,423,723.74
Land Acquisition Activity...............................................................
93,932.00
50,049.00
143,981.00
Major Projects Activity..................................................................
23,000.00
16,000.00
39,000.00
Construction Inspection Activity ...................................................
36,800.00
12,500.00
49,300.00
Survey Activity...........................................................................
0.00
15,153.00
15,153.00
Traffic Engineering Activity............................................................
1,781.00
5,189.00
6,970.00
Printing....................................................................................
5.500.00
3.500.00
9,000.00
Advertising..............................................................................
1,500.00
1,500.00
3,000.00
Aerial Photography.....................................................................
2,145.40
0.00
2,145.40
Total ................ ................................. ..... .................. .............
$4,287,417.32
$816,102.82
$5,103,520.14
EXHIBIT "B"
Page 1 of 1
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TABULATION OF BIDS
DEPARTMENT OF ENGINEERING -CITY OF CORPUS CHRISTI, TEXAS
BASE BID (GROUP 1)
TABULATED BY: 'Anget R. Escobar, P. E.
DATE: Wednesday. June 11. 2003
ENGINEER'S ESTIMATE: f 2,102,309.75
TIME OF COMPLETION: 300 Calendar Days
McArdle Road PH.3 Project,
Street Improvement Project NCB
(Engineering Project No.6146
Cash Cmeft. Co., Ltd.
18607 Healherwllde
Nu ervllle,Tx 78860
Bay, Ltd.
1414 Corn Products Rd.
Corpus Chrlstl,Tx78401
WT Young Constr. Co. Salinas Conair. Tach, Ltd.
P. O. Be. 7128 3734 FM 3006
Corpus Cohill, Tx 78472 Pleasanton,TX 78064
ITEM
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNITPRICE
AMOUNT
UNIT PRICE
AMOUNT UNIT PRICE AMOUNT
At
Street Excavation, complete per Square Yard
33,575
SY
$12,00
$402,900.00
$7.00
$235,025.00
$10.50
$352,537.50 $21.58 $724,548.50
A2
8" Lime Stabilized Subgmde, complete in place
per
Square Yard
20,233
SY
$3.80
$76,885.40
$3.50
$70,815.50
1 $5.20
$105,211.60 $8.90 $180,073.70
A3
12" Crushed Limestone Base, complete in place
per Square Yard
20,233
SY
$1230
$248,865.90
$13.80
$279,215.40
$13.00
$263,029.00 $15.36 $310,778.88
A4
Prime Coat (0.15 COSY), complete in place per
Gallon
2,730
GAL
$2.25
$6,142.50
$200
$5,460.00
$2.50
$6,825.00 $4.18 $11,41140
A5
31/2" HMACP (TYPE C), complete in place per
Square Yard
18,200
SY
$10.20
$185,640.00
$10.00
$182,00000
$11.60
$211,120.00 $16.50 $300,30000
A6
Concrete Curb Ramp, complete in place per
Square Foot
3,483
SF
$11.00
$38,313.00
$9.50
$33,088.50
$22.00
$76,62600 $17.93 $62,450.19
A7
Concrete Sidewalk, complete in place per
Square Foot
24,489
SF
$4.00
$97,956.00
$3.00
$73,467.00
$3.50
$85,711.50 $5.68 $139,097.52
A8
Concrete Driveway, complete in place per
Square Foot
2,934
SF
J $600
$17,604.00
$4.50
$13,203.00
$6.60
$19,364.40 $8.13 $23,853.42
A9
Unanticipated Driveway Removal, complete per
Square Foot
100
SF
$170
$170.00
$3.00
$30000
$220
$220.00 $8.13 $813.00
A10
Unanticipated Sidewalk Removal, complete per
SDuare Foot
100
SF
$1.70
$170.00
$2.50
$250.00
$2.20
$220.00 $5.68 $568.00
All
6' Wood Fence with Gates, complete in place per
L'near Foot
3,083
LF 1
$24.00
$73,992.00
$35.00
$107,905.00
1 $34.00
$104,822.00 $26.29 $81,052.07
Al2
Survey Monument, complete in place per EaSQh
2
Ems,
$600.00
$1,200.00
$150.00
$300.00
$55000
$1,100.00 $1,792.50 $3,585.00
A13
Ozone Day, Complete per Dj4
i
DAY
$5,000.00
$5,000.00
$2,500.00
$2,500.00
$550.00
$550.00 $6,572.50 $6,572.50
A14
Not Applicable
N/A
N/A
$0.00
$'
$0.00
$0.00
$0.00
$0.00 $0.00 $0.00
TABU OF BIOS
DEPARTMENT OF ENGINEER). .Y OF CORPUS CHRISTI, TEXAS
BASE BID (GROUP 1)
TASULATED BY: 'Angel R. Escobar, P. E.
DATE: Wednesday, June 11, 2003
ENGINEER'S ESTIMATE: $ 2,109,308.15
TIME OF COMPLETION: 300 Calendar Days
McArdle Road PH.] Project,
Street Improvement Project#C6
(Engineering Project No.6148
Cash Constr. Co., Ltd.
18607 Heatherwlide
Pllu erville,Tx 78880
Bay, Ltd
1414 Com Products Rd.
Corpus Clohni, Tx 78401
WT Young Constr. Co.
P.O. Boa 7128
Corpus Christi, Tx 70412
Salinas Constr. Tisch, Ltd.
]TH FM 3008
Pleasinlon,Tx 78064
ITEM
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
A15
Reflective Pavement Markings TY1 (W)
("ARROW"), complete in place per Each
13
EA
$180.00
$2,340.00
$260.00
$3,380.00
$23000
$2,99000
$298.75
$3,883.75
A16
Reflective Pavement Markings TY1 (W) ("ONLY").
complete in place per Each
7
EA
$230.00
$1,610.00
$300.00
$2,100.00
$29000
$2,03000
$358.50
$2,509.50
A17
Reflective Pavement Markings TYi (W) (4")
(BRK), complete in place per Linear Foot
1,190
LF
$0.25
$297.50
$0.40
$476,00
$0.35
$416.50
$0.48
$571.20
Ai8
Retledwe Pavement Markings TY1 (4") (BRK),
complete in place per Lenear Fant
860
LF
$0.35
1 $301.00
$040
$34400
$0.40
$344.00
$0.48
$41280
A19
Reflective Pavement Markings TY1 (W) (8") (SLD).
complete in place per Linear Fool
385
LF
$0.48
$18480
$1,00
$38500
$085
$327.25
$1.08
$415,80
A20
Reflective Pavement Markings TY1 (4") (SLD)
(DBL), complete in place per Linear Foot
1,170
LF
$0.75
$877.50
$0.80
$936.00
$0.65
$760.50
$0.90
$1,053.00
A21
Reflective Pavement Markings TY1 (4") (SDL),
complete in place per Linear Foot
5,006
LF
$0.30
$1,501.80
$040
$2,002.40
$0.35
$1,752.10
$0.48
$2,402.88
A22
Reflective Pavement Markings TY1 (12") (SDL),
complete in place per L'near Foot
105
LF
$7.30
$766.50
$6.50
$682.50
$5.50
$577.50
$7.17
$752.85
A23
Reflective Pavement Markings TY1 (W)
(CROSSWALKS), complete in place per Linear
LQot
210
LF
$1450
$3,045.00
$49.00
1 $10,290.00
$44.00
$9,240.00
$53.78
$11,293.80
A24
Type II -A -A Raised Pavement Markers, complete
in place per Eacb
394
EA
$4.30
$1,694.20
$4.50
$1,773.00
$4.00
$1,576.00
$5.08
$2,001.52
A25
Type I -C Raised Pavement Markers, complete in
place per EaGb
61
EA
$4.30
$262.30
$5.00
$305.00
$4.50
$274.50
$5.98
$364.78
A26
Street Sign Assemblies, complete in place per
Each
63
EA
$230.00
$14,490.00
$26500
$16,69500
$500.00
$31,500.00
$298.75
$18,821.25
A27
No Parking Signs, complete in place per Each
16
EA
$220.00
$3,520.00
$265.00
$4,240.00
$500.00
$8,000.00
$298.75
$4,780,00
A28
Speed Zone Signs, complete in place per Each
2
EA
$220.00
$440.00
$200.00
$400.00
$500.00
$1,000.00
$298,75
$597.50
I
N_
O
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING . CITY OF CORPUS CHRISTI, TEXAS
BASE BID (GROUP 1)
TABULATED BY: 'Angel R. Escobar, P. E.
DATE: Wednesday. June 11. 2003
ENGINEER'S ESTIMATE: $2,109,106.75
TIMF OF COMPI "nst- AM 6landar nave
McArdle Road PHA Protect,
Sheat Improvement Project 6C6
(Engineering Proect N..61 46)
Cash Constr. Cm, Ltd.
18607 Naatheradld9
PRu omllle,Tx 70660
Bay, Ltd.
1414 Com Produces Rd.
Corpus Christi, Tx 76401
WT Young Consft. Co.
P. O. Boa 1128
Corpus ChdsO, Tx TU72
Salinas Cereals. Tach, Ltd.
17M FM 1008
Plasaantan Tx 78064
ITEM
DESCRIPTION
CITY. I UNIT UNIT PRICE
I AMOUNT
UNITPRICE AMOUNT
UNIT PRICE AMOUNT
UNIT PRICE AMOUNT
A29
Traffic Control, complete in place per Lump Sum
1 LS $11,500.00
$11,500.00
$40,000.00 $40,000.00
$24,500.00 $24,500.00
$63,335.00 $63,335.00
(Group 1) Subtotal Part A'
(Items Al through A29)
$1,197,669.40
$1,087,538.30
$1,312,625.35
$1,958,299.81
TABU' IF BIOS
DEPARTMENT OF ENGINEERIII , Y OF CORFU S CHRISTI, TEXAS
BASE BID (GROUP 1)
TABULATED BY: 'Angel R. Escobar, P. E.
DATE: Wednesday. June 11. 2003
ENGINEER'S ESTIMATE: S 2,109,308.75
TIME OF COMPLETION: 300 Calendar Days
McArdle Road PHA Project, Cash Constr. Co., Ltd. Be,, Ltd.
Street Improyement Project sCe 18607 Heathemilde 1414 Chan Products Rd.
(Engineering Project No.6146 PBu eryllle,Tx 78880 Corpus Chdstl,Tx78401
WT Young Constr. Co.
P. O, Box 7128
Corpus Christi, Tx 78472
Salinas Canals. Tech, Ltd.
3734 FM 3006
Pleasant.,Tx 78084
ITEM
DESCRIPTION
OTY.
UNIT UNIT PRICE
AMOUNT UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
B1
18" P RCP, complete in place per Linear Fool
690
LF $37.00
$25,530.00 $75.00
$51,750,00
$47.70
$32,913.00
$118.28
$81,613.20
32
24"o RCP, complete in place per Linear Foot
638
LF $48.00
$30,624.00 $80.00
$51,040.00
$58.00
$37,004.00
$136.09
$86,825.42
B3
27" 0 RCP, complete in place per LjLdIaLEQUj
24
LF $66.00
$1,584.00 $225.00
$5,400.00
$86.00
$2,064.00
$143.40
$3,441.60
B4
30" 0 RCP, complete in place per Cnear Foot
935
LF $67.00
$62,645.00 $8500
$79,47500
$7000
$65,450.00
$150.96
$141,147.60
65
36" RCP, complete in place per Linear Foot
per
32
LF $97.00
$3,104,00 $130.00
$4,160.00
$110.00
$3,520.00
$209.13
$6,692.16
B6
42" P RCP, complete in place Linear Foot
64
LF $130,00
$8,320 00 $200.00
$12,800.00
$200.00
$12,800.00
$239.00
$15,296.00
87
48" P RCP, complete in place per L'near FOOt
16
LF $175.00
$2,800.00 $210.00
$3,360.00
$215.00
$3,440.00
$298.75
$4,780.00
B8
5'Curb Inlet, complete in place per Each
30
EA $2,700.00
$81,000.00 $2,000.00
$60,000.00
$1,800.00
$54,000.00
$4,182.50
$125,47500
B9
5' Inlet Extension, complete per Each
4
EA $1,100,00
$4,400.00 $650.00
$2,600.00
$700.00
$2,800.00
$1,434.00
$5,736.00
B10
Special Inlet Type A, complete in place per EaLb
2
EA $4,800.00
$9,600.00 $3,000.00
$6,000.00
$4,600.00
$9,200.00
$8,962.50
$17,92500
811
Special Inlet Type B, complete in place per Each
1
EA $7,70000
$7,700.00 $3,000.00
$3,000.00
$4,500.00
$4,500.00
$11,950.00
$11,950.00
B12
14'0 Manhole Type A, complete in place per Each
i
EA $1,800.00
$1,800.00 $4,500.00
$4,500.00
$2,000.00
$2,00000
$4,182.50
$4,182.50
B13
5'0 Manhole Type A, complete in place per Each
5
EA $2,200.00
$11,000.00 $2,500.00
$12,500.00
$2,590.00
$12,950.00
$6,572.50
$32,862.50
B14
6' 0 Manhole Type A, complete in place per EaLb
4
EA $2,700.00
$10,800.00 $3,000.00
$12,000.00
$3,050.00
$12,200.00
$8,962.50
$35,850.00
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING -CITY OF CORPUS CHRISTI, TEXAS
BASE BID (GROUP 1)
TABULATED BY: 'Angel R. Escobar, P. E.
„ i„na4 onnn
ENGINEER'S ESTMATE: 5 2,109,306.75
TIME OF COMPLETION: 000 Calendar Deva
McArdle Road PHA Protect,
Street Improvement Project MCO
(Engineering Project No.6148
Cash Constr. Co., LIC.
18607 Heather allde
PRu erdlle,Tx 78660
Bay, Ltd. M Young Constr. Co, Ball... Cuosb. Tach, Ltd.
1414 Corn Products Rd. P. 0. Box 7128 07M FM 2999
Corpus Christi, Tx 79401 Cortaus Christ], Tx 78472 Pleasanton,Tx 78064
ITEM
DESCRIPTION
QTY. I
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT UNIT PRICE
AMOUNT UNIT PRICE AMOUNT
B15
Manhole Type B, complete in place per EaCb
9
EA
$3,700.00
$33,300.00
$3,000.00
$27,000.00 $1,900.00
$17,100.00 $5,975.00 $53,775.00
B16
Manhole Type C, complete in place per EaT�
e
EA
$3,500.00
$28,000.00
$5,000.00
$40,000.00 $1,900.00
$15,200.00 $9,560.00 $76,480.00
B17
Modify Exist. Inlet Tops, complete per_EaCh
2
EA
$2,300.00
$4,600.00
1 $750.00
$1,500.00 $800,00
$1,600.00 $2,987.50 $5,975.00
B18
1 Sodding, complete in place per SSluare Yard
8,236
SY
$2.30
$19,004.90
$4.00
$33,052.00 $3.30
$27,267.90 $7.77 $64,203.51
619
Pollution Prevention, complete in place per Each
1
LS
$8,000.00
$8,000.00
$40,000.00
$40,000.00 $5,30000
$5,300.00 $29,875.00 $29,875.00
B20
Sidewalk Drains, complete in place per Each
4
EA
$340.00
$1,360.00
$65.00
$26000 $260.00
$1,040.00 $1,792,50
621
Trench Safety for Drainage, complete in place per
Linear Fool
1,620
LF
$0.50
$810.00
$1.50
$2,430.00 $400
$6,480.00 $3.59 $5,815.80
B22
6” Curb & Gutter, complete in place per Lnear
Eapt
6,100
LF
$11.00
$67,100.00
$14.50
$88,450.00 $10.20
$62,220.00 1 $14.34 $87,47400
B23
Unanticipated Curb & Guitar Removal, complete
per Lnear Foot
50
LF
$3.90
$19500
$4.50
$225.00 $2.50
$125.00 $5.98 $299.00
B24
Traffic Control, complete in place per Lumo Sum
1
LS
$11,500.00
$11,500.00
$20,000.00
$20,000.00 $8,000.00
$8,000.00 $23,900.00 $23,900.00
(Group 1) Subtotal Part 'B'
(Items B1 through B24)
$434,776.90
$561,502.00 $399,173.90 $921,574.29
1 $1792.50 x 4 = $7170.00 - Contractor Indicated 1792.50 on Bid Form
Contractor's Total 'Part B' was Correct
TABL DF BIDS
DEPARTMENT OF ENGINEER,. .fY OF CORPUS CHRISTI, TEXAS
BASE BID (GROUP 1)
TABULATED BY: 'Angel R. Escobar, P. E.
DATE: Wednesday. June 11, 2003
ENGINEER'S ESTIMATE: S 2,108,306.78
TIME OF COMPLETION: 300 Calendar Days
McArdle Road PH.3 Project,
Street Improyameet Project 8Ce
(Engineering Project No.6146
Cash Constr. Co., Ltd.
18607 Heatherwllde
PIIu eryllle,Ta 78880
Bay, Ltd WT Young Constr. Co.
1414 Corn Products Rd. P.O. Box 7128
Corpus Christi, Tx 78/01 Corpus Chrisd, Tx 78472
Sallma Conatr. Tach, Lld.
37N 1911111:10011
Pleasanton,Tx 7110111
ITEM
DESCRIPTION
QTY.
UNIT
UNIT PRICE AMOUNT
UNIT PRICE AMOUNT UNIT PRICE AMOUNT
UNIT PRICE
AMOUNT
Cl
20" x 12" Tapping Sleeve with 12" Gate Valve 8
Box and Cover, complete in place per Eacb
1
EA
$4,60000 $4,600.00
$4,700.00 $4,700.00 $4,100.00 $4,100.00
$11,352.50
$11,352.50
C2
20" x 8" Tapping Sleeve with 8" Gate Valve & Box
and Cover, complete in place per EaCh
1
EA
1 $3,000.00 $3,000.00
$2,500.00 $2,500.00 $2,600.00 $2,600.00
$7,767.50
$7,767.50
C3
8"45" D.I. Bend, completeln place per Each
62
EA
$15000 $9,300.00
$190.00 $11,780.00 $300.00 $18,60000
$478.00
$29,636.00
C4
6" 45° D . Bend, complete in place per Each
32
EA
$140 00 $4,480.00
$125.00 $4,000.00 $32.00 $7,360.00
$358.50
$11,472.00
C5
Fire Hydrand Assembly (TY -2), complete in place
per Each
13
EA
$2,600.00 $33,800.00
$2,90000 $37,70000 $3,000.00 $39,00000
$6,572.50
$85,442.50
C6
6" x 4" Reducer, complete in place per Each
9
EA
$80.00 $720.00
$83.00 $747.00 $10200 $918.00
$239.00
$2,151.00
C7
12" x 8" Reducer, complete in place per Each
1
EA
$150.00 $150.00
$175.00 $175.00 $190.00 $190.00
$358.50
$358.50
C8
8" x 6" Tee, complete in place per Earh
16
EA
$25000 $4,000.00
$325.00 $5,200.00 $375,00 $6,00000
$597.60
$9,560.00
C9
8"x 8" Tee, complete in place per Each
1
EA
$250.00 $250.00
$250.00 $250.00 $350.00 $350.00
$717.00
$717.00
CIO
It2"x 6" Tee, complete in place per EaCh
16
EA
$400.00 $6,400.00
$600.00 $9,600.00 $54000 $8,640.00
$1,314.50
$21,032.00
C11
12"x 8" Tee, complete in place per Each
1
EA
$410.00 $410.00
$500.00 $500.00 $540,00 $540.00
$1,374.25
$1,374.25
C12
12"x 12" Tee, complete in place per Each
1
EA
$440.00 $440,00
$500.00 $500.00 J $560.00 $560.00
$1,434.00
$1,434.00
C13
12" Gate and Valve Box, complete in place per
Each
19
EA
$1,400.00 $26,600.00
$1,700.00 $32,30000 $1,530.00 $29,070.00
$5,377.50
$102,172.50
C14
6" Gate and Valve Box, complete in place per
Each
32
EA
$470.00 $15,040.00
$55000 $17,600.00 $670.00 $21,440.00
$2,987.50
$95,600.00
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING • CITY OF CORPUS CHRISTI, TEAS
BASE BID (GROUP I)
TABULATED BY: 'Angel R. Escobar, P. E.
DATE: Wednesday, June 11, 2003
ENGINEER'S ESTIMATE: 3 2,109,308.78
TIME OF COMPLETION: 300 Calendar Days
McArdle Road PICS Project,
Street Improvement Project 8Ce
(Engineering Project No.8146
Cash Constr. Co., Ltd.
18007 HeaMerMlde
Mu omllls,Tx 78880
Bay, Ltd.
1414 Com Products Rd.
Corpus Christi, Tx 78401
WT Young Conan. Co.
P.O. Box 7128
Corpus Christi. Tx 78472
Salinas Constr. Tech, Ltd.
37U FM 3008
Pleasanton Tx 78061
ITEM
DESCRIPTION
QTY.
I UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
CIS
8" Gate and Valve Box, complete in place per
Each
19
EA
$720.00
$13,680.00
$750.00
$14,250.00
$95000
$18,050.00
$4,182.50
$79,487.50
C16
6" 0 Waterline, complete in place per Linear Foot
830
LF
$29.00
$24,070.00
$40.00
$33,200.00
$23.90
$19,837.00
$36.99
$30,701.70
Cil
8" A Waterline, complete in place per Linear Foot
2,408
LF
$28.00
$67,424.00
$38.00
$91,504.00
1 $25.00
$60,20000
1 $32.09
$77,272.72
C18
12" 0 Waterline, complete in place per L'near Foot
2,357
LF
$3700
$87,209.00
$44.00
$103,708.00
$35.00
$82,495.00
$52.91
$124,708.87
C19
8" Tie -In, complete in place per Each
1
EA
$1,700.00
$1,700.00
$1,000.00
$11000.00
$580.00
$580.00
$5,975.00
$5,975.00
C20
6" Tie -In, complete in place per Each
6
EA
$1,600.00
$9,600.00
$800.00
$4,800.00
$570.00
$3,420.00
$5,27750
$31,665.00
C21
4" Tie -In, complete in place per Each
10
EA
$1,500.00
$15,000.00
$70000
$7,000.00
$370.00
$3,700.00
$4,780.00
$47,800.00
C22
6" Plug, Complete in place per Each
16
EA
$75.00
$1,200.00
$170.00
$2,720.00
$60.00
$960.00
$1,195.00
$19,120.00
C23
8" Plug, Complete in place per Each
1
EA
$7000
$70.00
$220.00
1 $220.00
$9000
$90.00
$1,792.00
$1,79200
C24
12" Plug, Complete in place per Each
1
1 EA
$90.00
$90.00
$290.00
$290.00
$20000
$200.00
$2,390.00
$2,390.00
C25
Pavement Repair, complete in place per Square
Yard
36
SY
$30.00
$1,080.00
$6500
$2,340.00
$55.00
$1,98000
$239.00
$8,604.00
C26
Trench Safety Measures, complete in place per
Linear Foot
460
LF
$0.50
$230.00
$1.50
$690.00
$400
$1,840.00
$5.98
$2,750.80
C27
Traffic Control, Complete in place per1 umnyC, ism
1
LS
$11,500 00
$11,500.00
$13,000.00
$13,000.00
$8,000.00
$8,000,00
$26,825.00
$26,825.00
C28
Water Utility Allowance, complete per Lumo Cum
1
LS
$15,000.00
$15,000.00
$15,000.00
$15,000.00
$15,000.00
$15,000.00
$15,00000
$15,000.00
TABU 9F BIDS
DEPARTMENT OF ENGINEERl. OF CORPUS CHRISTI, TEXAS
BASE BID (GROUP 1)
TABULATED BY: 'Angel R. Escobar, P. E.
DATE: Wednesday, June 11, 2003
ENGINEER'S ESTIMATE: $ 2,109,306.73
TIME OF COMPLETION: 300 Calendar Days
McArdle Road PH.3 Project,
Cash Consh. Co., Ltd
Bay, Ltd
WT Young Conatr. Co.
Salinas Constr. Tach, Ltd.
Street Improvement Protect aC6
18607 Ihri gni vdlde
1414 Corn Products Rd.
P. 0, Box 7128
37311 FM 3006
En inearin Proecl No.6146
PRu ervllle,Tx 78660
Corpus Christi, Tx 78401
Cor ua ChdsU, Tx 711472
Pleasantan,Tx 780611
ITEM DESCRIPTION
CTY.
UNIT UNIT PRICE AMOUNT
UNITPRICE AMOUNT
UNIT PRICE AMOUNT
UNIT PRICE AMOUNT
(Group 1) Subtotal Part 'C'
$357,043.00
$417,274.00
$355,720.00
$854,142.34
(Items C1 through C28)
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING -CITY OF CORPUS CHRISTI, TEXAS
BASE BID (GROUP 1)
TABULATEO BY: 'Angel R. Escobar, P. E.
DATE: Wednesday. June 11. 2003
ENGINEER'S ESTIMATE: $ 2,108,306.75
TIME OF COMPLETION: 300 Calendar Days
McArdle Road PH.3 Project,
Street Improvement Project RCB
(Engineering Project No.6146
Cash Constr. Co., Ltd. Be,, Ltd
18607 Heatherwllde 1414 Cam Products Rd.
PBu emille,Tx 78660 Corpus ended, Tx 78401
WT Your, Consh. Oa.
P. O. Box 7128
Corpus Christ], Tx 78472
Salinas Constr. Tech, Ltd.
STU FM 3006
Pleasardon,Tx 76064
ITEM
I DESCRIPTION
CITY.
UNIT
UNIT PRICE
AMOUNT UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
D1
B" $ Sanitary Sewer (6' - 8'), complete in place per
L near Font
120
LF
$55.00
$6,600.00 $80.00
$9,600.00
$35.00
$4,200.00
$65.73
$7,887.60
D2
8" P Sanitary Sewer (8'- 10), complete in place
per L'near Fent
444
LF
$77.00
$34,188.00 $60.00
$26,640.00
$41.00
$18,204.00
$77.68
$34,489.92
D3
Existing Manhole Ring and Cover Adjustments,
complete per Each
12
EA
$1,100.00
$13,200.00 $1,900.00
$22,800.00
$720.00
$8,640.00
$1,195.00
$14,340.00
D4
4'4 Fiberglass Manhole (0 -6'), Complete in place
I per Each
13
EA
$3,400.00
$44,200.00 $2,500.00
$32,500.00
$2,650.00
$34,450.00
$5,401.40
$70,218.20
D5
4'0 Fiberglass Manhole (0 - 6') with Drop
connection, complete in place per Each
3
EA
$4,500.00
$13,500.00 $2,800.00
$8,400.00
$3,400.00
$10,200.00
$6,715.90
$20,147.70
D6
Extra Depth for Manholes p6'), complete in place
per Vertical Foot
37
VF
$220.00
$8,140.00 $90.00
$3,330.00
$320.00
$11,840.00
$358.50
$13,264.50
D7
Tie in to Existing Manhole, complete in place per
Eash
8
EA
$1,300.00
$10,400.00 $1,200.00
$9,600.00
$860.00
$6,880.00
$5,377.50
$43,020.00
D8
Trench Safety Measures, complete in place per
Linear Font
564
LF
$1.00
$564.00 $1.50
$84600
$6.00
$3,384.00
$5,398.00
$3,372.72
D9
Traffic Control, complete In place per Lump Sum
1
LS
$11,50000
$11,500.00 $15,000.00
$15,000.00
$8,000.00
$8,000.00
$27,800.00
$27,80000
D10
Wastewater Utility Allowance, complete in place
per Lump -Sum
1
LS
$20,00000
$20,00000 $20,000.00
$20,000.00
$20,000.00
$20,000.00
$20,000.00
$20,00000
(Group 1) Subtotal Part D'
Items D1 through D10
$162,292.00 $148,716.00
$125,798.00
$254,540.64
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING -C.ITY OF CORPUS CHRISTI, TEXAS
BASE :ROUP I)
TABULATED By: 'Angel R. Escobar, R E.
DATE: Wednesday, June 11, 2003
ENGINEER'S ESTIMATE: S 2,109,306.75
TIME OF COMPLETION: 300 Calendar Days
M
d x
m
m =
�W
0 ,4
0
N C5
McArdle Road PH.3 Project,
Street Improvement Project 6C6
(Engineering Project No.6146)
Cash Constr. Co., Ltd.
18607 Healhemllds
P8v en411e,Tx 78660
Bay, Ltd
1414 Corn Products Rd.
Corpus Christi, Tx 78401
WT Young Consh. Co.
P.O. Box 7128
Causes Christ[, TY 78472
Salinas Consh. Tach, LI&
3734 FM 3088
Pleasantl 78084
ITEM
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
E1
Mast Pole Reinforced conctrete Foundation Type
368, Complete in place per Linear Foot
16
LF
$230.00
$3,680.00
$200.00
$3,200.00
$3,450.00
$55,200.00
$235.00
$3,760.00
E2
Furnish and Install 13" x 24" Medium Pull Box in
Concrete, complete in place per Fnrh
1
EA
$1,000.00
$1,000.00
$900.00
$900.00
$970.00
$970.00
$1,000.00
$1,000.00
E3
Furnish and install 17" x 30" Large Pull Box in
Concrete, complete in place per Each
2
EA
$1,000.00
$2,000.00
$1,200.00
$2,40000
$970.00
$1,940.00
$1,000.00
$2,000.00
E4
Boring for Installation of 4 -inch SCH-80 Conduit,
complete in place per Lnear Foot
100
LF
$30.00
$3,000.00
$3000
$3,000.00
$30.00
$3,000.00
$30.00
$3,000.00
E5
Installatlon of 4 -Inch SCH-40 Conduit, Complete In
place per _near Foat
20
LF
$30.00
$600.00
$30,00
$600.00
$30.00
$600.00
$30.00
$600.00
E6
44 Foot Mast Arm, Complete in place per Eacb
1
EA
$15,00000
$15,00000
$17,000.00
$17,000.00
$18,000.00
$18,00000
$18,00000
$18,00000
E7
Mast Pole, complete in place per Each
1
EA
$20,000.00
$20,000.00
$22,000.00
$22,00000
$21,000.00
$21,000.00
$21,000.00
$21,000.00
E8
Pull 1 - 16 Conductors, 1 -Hybrid, 1-Jetline,
complete in place per Lnear Foot
275
LF
$2.30
$632.50
$2.50
$687.50
$2.50
$687.50
$2.50
$687.50
E9
Installation of 2 -inch PVC SCH. 40. Complete in
place per Linear Foot
20
LF
$24.00
$480.00
$25.00
$500.00
$25.00
$500.00
$25.00
$500.00
E10
Furnish and Install 3 Section 12' Signal Face with
Led Assembly, complete in place per Each
1
EA
$1,10000
$1,100.00
$1,300.00
$1,30000
$1,070.00
$1,07000
$1,15000
$1,150.00
El
Furnish and Install 5 Section 12' Signal Face with
Led Assembly, Complete in place per Eacb
1
EA
$1,700.00
$1,700.00
$2,000.00
$2,000.00
$1,570.00
$1,570.00
$1,700.00
$1,70000
(Group l) Subtotal Part'E'
(Items E1 through E11)
;49,192.50
$53,587.50
$104,537.50
$53,397.50
M
d x
m
m =
�W
0 ,4
0
N C5
i
_N
CQ
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
BASE BID (GROUP 1)
TABULATED BY: 'Angel R. Escobar, P. E.
DATE: Wednesday, June 11, 2003
ENGINEER'S ESTIMATE: $ 2,109,306.75
TIME OF COMPLETION: 300 Calendar Days
McArdle Road PH.3 Project,
Cash Constr. Co., Ltd.
Bay, Ltd.
WT Young Constr. Co.
Salinas ConsN. Tech, Ltd.
Street Improvement Project#C6
18607 Heathemilde
1414 Corn Products Rd.
P.O. Box 7128
3734 FM 3006
(Engineering Project No.6146)
POugerville,Tx 78880
Corpus Christi, Tx 78401
Corpus Christi, Tx 78472
Pleasanlon,Tx 78064
ITEM
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
3" SCH 40 Gray PVC Electrical Conduit,
Ft
complete in place per Linear Foot
800
LF
$34.00
$27,200.00
$37.00
$29,600.00
$31.50
$25,200.00
$35.00
$28,000.00
(Group I) Subtotal Part 'F'
(Item F1)
$27,200.00
$29,600.00
$25,200.00
$28,000.00
TABUI F BIDS
DEPARTMENT OF ENGINEERIN Y OF CORPUS CHRISTI, TEXAS
BASE BID (GROUP II)
TABULATED BY: 'Angel R. Escobar, P. E.
DATE: Wednesday June 11, 2003
ENGINEER'S ESTIMATE: $ 2,109,106.73
TIME OF COMPLETION: 100 Calendar Days
McArdle Road PH.1 Project
Street Improvement Project eC6
Hirst ... Hn Project No.6148
Cash Constr. Co., Ltd.
18607 Heathervblde
PRv ervllla Tx 78660
Bay, Ltd.
1414 Com Products Rd.
Corpus Christi, Tx 78401
WT Young Constr. Co. Salinas Constr. Tach, Ltd.
P.O. Box 7128 1711 FM 1006
Corpus ChristiTx 73472 Plessardon Tx 76064
PARt j0!!4&WAPUB8,*T1VERK4Rr,_
ITEM
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT UNIT PRICE
AMOUNT
B1
Mobilization/Demobilization/Bonds, complete in
place per sumo Sum
1
LS
$9,200.00
$9,200.00
$10,000.00
$10,000.00
$16,000.00
$16,000.00 $41,000.00
$41,000.00
B2
Sawcut Existing Asphalt Pavement, complete in
place per Linear Foot
716
LF
$1.50
$1,074.00
$4.00
$2,864.00
$3.00
$2,14800 $15.00
$10,740.00
B3
Sawcul Existing Concrete Sidewalk/Pavement,
complete in place per Linear Fool
12
LF
$1.80
$21.60
$7.50
$9000
$5.50
$66,00 $25.00
$300.00
B4
Street and Right -Of -Way Excavation Including
Disposal, Matching Grades, and Compaction,
complete in place per Square Yard
977
SY
$1500
$14,655.00
$6.00
$5,86200
$10.50
$10,258.50 $35.00
$34,195.00
B5
Remove Existing Steel Pipe Fence, complete in
place per Lnear Foot
145
LF
$9.00
$1,305.00
$7.00
$1,01500
$7.00
$1,015.00 $18.00
$2,610.00
B6
Remove Existing Concrete Sidewalk, complete in
I place per SDuare Foot
1,003
SF
$260
$2,607.80
$1.00
$1,00300
$2.50
$2,507.50 $5.00
$5,015.00
B7
Remove Existing Concrete Driveway, complete in
place per Square Foot
3,337
SF
$2.80
$9,34360
$2.00
$6,67400
$3.00
$10,011.00 $500
$16,685.00
B8
Remove Existing Foundation at Street Comer, 1'
Below Grade, complete in place per Each
3
EA
1 $300.00
$900.00
$600.00
$1,800.00
$800.00
$2,400.00 $1,500.00
$4,500.00
B9
Geogrid Reinforcement W/ 2" Sand Layer,
I complete in place per SDuare Yard
538
SY
$3.80
$2,044.40
$5.00
$2,690.00
$3.00
$1,61400 $10.40
$5,595.20
B10
9.5" Reinforced Concrete Pavement Including
Control and Expansion Joints, & Dowels, complete
in place per 5otagi Yard
502
SY
$70.00
$35,140.00
$70.00
$35,140.00
$70.00
$35,140.00 $128.00
$64,256.00
B11
5" Concrete Sidewalk, complete in place per
Spate -Foot
1,385
SF
$5.00
$6,925.00
$4.00
$5,540.00
$6.20
$8,587.00 $8.50
$11,772.50
B12
Type "A" Header Curb, Modified, complete in place
per Lnear Foot
131
LF
$10.00
$1,310.00
$16.00
$2,09600
$21.00
$2,751.00 $54.00
$7,074.00
B13
Concrete Driveway, complete in place per SnuAre
EQQ1
2,215
SF
$600
f$130.00$5.00
$1107500
$7.00
$15,505.00 $10.90
$24,143.50
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
BASE BID (GROUP II)
TABULATED BY: 'Angel R. Escobar, P. E.
DATE: Wednesday. June 11. 2003
ENGINEER'S ESTIMATE: $ 2,109,309.75
McArdle Read PH.3 Project,
Street Improvement Project 8C6
(Enginearing Project No.6148
Cash Consir. Co., Ltd.
18607 Heathemilde
P0u ervllle,Tx 78660
Bay, LIE.
1414 Corn Products Rd.
Corpus Christi, Tx 78401
Win" Young Const. Co. Salinas Constr. Tech, Ltd.
P.O. Box 7128 3714 FM 3008
Corpus Christi, Tx 78472 Pli a ranton,Tx 76084
_. PAR7.'B'.S,9T#PLE$'p�`BVERHARi
'i;='1T
ITEM
DESCRIPTION
OTY.
UNIT
UNITPRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT UNR PRICE
AMOUNT
814
Curb Ramp Including Truncated Dome Pavers,
complete in lace per $Sjnare Foot
85
SF
$24.00
$2,04000
$12.00
$1,020.00
$22.00
$1,870.00 $133.00
$11,305.00
B15
Storm Water Pollution Prevention Control,
complete in place per Lumo Sum
1
LS
$1,000.00
$1,000.00
$2,000.00
$2,000.00
$2,500.00
$2,500.00 $8,000.00
$8,000.00
816
Remove Existing Curb & Gutter, complete in place
Per Linear Foot
404
LF
$3.70
$1,494.80
$5.00
$2,020.00
$3.00
$1,212.00 1 $15.00
$6,060.00
B17
Remove Existing Grate Intlet (Saly Frame/Cover
and Deliver to City), complete in place per fach
1
EA
$200.00
$200.00
$700.00
$700.00
$400.00
$400.00 $5,000.00
$5,000.00
818
Remove Existing 15" RCP Leads, complete in
place per L'near Foot
23
LF
$27.00
$621.00
$14.00
$322.00
$46.00
$1,058.00 $25.00
$575.00
1319
6" Concrete Curb, complete in place per Linear
Epal
404
LF
$10.00
$4,040.00
$13.50
$5,454.00
$12.00
$4,848.00 $22.00
$8,888.00
B20
Modified Grate Inlet @ Driveway (Dbl Grate),
complete in place per Each
1
EA
$3,200.00r$3,22O,OO
$4,000.00
$4,00000
$2,860.00
$2,86000 $9,800.00
$9,80000
B21
15" RCP Lead, complete in place per Linear Fool
23
LF
$140.00
$38.00
$874.00
$60.00
$1,380.00 $75.00
$1,725.00
622
Trench Safety for Storm Sewer Construction,
complete in place per Linear Foot
23
LF
$0.50$1.50
$34.50
$6.00
$138.00 $5.00
$115.00
B23
Not Applicable
N/A
N/A
$000$0.00
$0.00
$0.00
$0.00 $0.00
$0.00
B24
Remove & Relocate Existing Water Meter & Box,
Including New Meter Box, and Extending Existing
Water Service Line (All Sizes), complete in place
per Each
3
EA
$380.00
$1,140.00
$300.00
$900.00
$580.00
$1,740.00 $5,000.00
$15,000.00
B25
Traffic Control, complete in place per Lump Sum
1
LS
$9,000.00
$9,000.00
$20,000.00t$20,000.00$10,500.00
$10,500.00 $4,000.00
$4,000.00
B26
Remove & Relocate Existing Traffic Signal Pole,
Remove Existing Foundation 1 -Ft Below Finished
Subgrade, and Install New Foundation, complete
in place per Each
1
EA
$22,000.00
$22r
$20,000.00$22,400.00
$22,400.00 $24,500.00
$24,500.(
TABU{pF BIDS
INEER
DEPARTMENT OF ENGi .'Y OF CORPUS CHRISTI, TEXAS
BASE BID (GROUP II)
TABULATED BY: 'Angel R. Escobar, P. E.
DATE: Wednesday, June 11, 2003
ENGINEER'S ESTIMATE: f 2,109,306.75
TIME OF COMPLETION: 300 Calendar Day.
McArdle Road PH.3 Project,
Cash Constr. Co., Ltd.
Bay, Ltd.
WT Young Constr. Co.
Selires Constr. Tach, Ltd.
Street Improvement Prejecl9C0
10007 HeaMerallde
1414 Can Products Rd.
P. 0. On 7120
3784 FM 3006
(Engineering Project No.614e
P0u emllle,Tx 78000
Corpus Christi, Ta 79401
Corpus Christi, Ts 78472
Pluaanton,Tx 78084
ITEM
DESCRIPTION
QTY. UNIT
UNIT PRICE AMOUNT
UNIT PRICE AMOUNT
UNIT PRICE AMOUNT
UNIT PRICE AMOUNT
Install Electrical Conduit for Traffic Signal Pole,
Including Trenching, Installing new PVC Schedule
40 Conduit, Installing new Type "A" Ground Box,
Pulling Existing Traffic Signal Cable From Existing
Conduit and Installing New Cable, complete in
B27
place per Linear Foot
53
LF
$12000
$6,36000
$12000
$6,360.00
$115.00
$6,095.00
$19000
$10,070.00
(Group ll) Subtotal Part W
S. Staples at Everhart Site
(Includes Group II Base Bid Items
$152,143.70
$149,533.5
$165,004.00
5332,924.20
B1 through B27
TABULATION OF BIDS
MEI GOVIND
BASE BID (GROUP II)
TABULATED BY: 'Angel R. Escobar, P. E.
DATE: Wednesday, June 11, 2003
ENGINEER'S ESTIMATE: f 1,109,306.75
TIME OF COMPLETION: 300 Calendar Days
McArdle Road PH.3 Project,
Street Improvnment Project ACS
En In ... Ii Proect No.6146
Cash Constr. Co., Ltd.
18607 Heather ilde
Pou ervlll.,ix 78880
Bay, Ltd.
1414 Com Products Rd.
Corpus Christi, Tx 78401
WT Young Censh, Co.
P. O. box 7118
Co us Chrlatl. Tx 78472
Salinas Consh. Tech, Ltd.
3734 FM 3006
Pleasanton,Tx 780"
PART VD AIRLINEATSOUTftPADktSL*NI1DANE!Plb-
ITEM
DESCRIPTION
OTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
C1
MobilizationlDemobilization/Bonds, complete in
place per Lumo Sum
1
L5
$9,400.00
$9,400.00
$10,000.00
$10,000.00
$16,000.00
$16,000.00
$42,700.00
$42,700.00
C2
Sawcut Existing Asphalt Pavement, complete in
place per I inear Foot
633
LF
$1 50
$949.50
$4.00
$2,532.00
$3.00
$1,899.00
$15.00
$9,495.00
C3
Sawcut Existing Asphalt Pavement, complete in
place per Linear Foot
105
LF
$180
$189.00
$7.50
$787.50
$5.00
$525.00
$25.00
$2,625.00
C4
Remove Existing Pipe Bollards, complete in place
per Each
4
EA
$50.00
$200.00
$45.00
$190.00
$650.00
$8,406:00
$156.90
9600.96
C5
Remove Existing Wooden Fence, complete in
place per Linear Foot
38
LF
$6 20
$235.60
$7.00
1 $266.00
$11.00
1 $418.00
$10.00
$380.00
C6
Remove Existing Concrete Sidewalk, complete in
place per Square Foot
1,684
SF
$2.60
$4,378.40
$1.00
$1,68400
$2.50
$4,210.00
$5.00
$8,420.00
C7
Remove Existing Concrete Driveway & Pavement,
complete in place per Square For,
2,787
SF
$2.80
$7,803.60
$2.00
$5,574.00
$300
$8,361.00
$5.00
$13,935.00
C8
Remove Existing Concrete Traffic Island, complete
in place per amrare Foot
223
SF
$3.50
$780.50
$2.50
$557.50
$3.00
$669.00
$800
$1,784.00
C9
Remove Parking Lot Header Curb, Type "C",
complete in place per Linear Foot
121
LF
$3.30
$399.30
$5.00
$605.00
$3.00
$363.00
$15.00
$1,815.00
C10
Remove Planter Concrete Curb, complete in place
per Linear Foot
144
LF
$8.00
$1,152.00
$5.50
$792.00
$3.00
$432.00
$1500
$2,160.00
C11
Street and Right -Of -Way Excavation Including
Disposal, Matching Grades, and Compaction,
complete in place per $grat_re Yard
969
SY
$15.00
$14,535.00
$6.00
$5,814.00
$11.00
$10,659.00
$35.00
$33,915.00
C12
Handling & Disposal of Contaminated Soils,
complete in place per Cubic Yard
217
CY
$5200
$11,284.00
$68.00
$14,756.00
$40.00
$8,680.00
$100.00
$21,700.00
C13
Geogrid Reinforcement wl 2" Sand Layer,
complete in place per Square Yard
757
SY
$4.00
$3,028.00
$5.00
$3,785.00
$3.00
$2,271.00
$10.40
$7,872.80
C14
9.5" Reinforced Concrete Pavement Including
Control and Expansion Joints, & Dowels, complete
in place per $yuare Yard
700
SY
$69.00
$48 '0
$70.00
$49,000.00
$70.00
$49,000.00
$128.00
$89,600.0'
TABULATION OF BIDS
MF NO
BASE -.((GROUP II)
TABULATED BY: 'Angel R. Escobar, P. E.
DATE: Wednesday. June 11. 2003
ENGINEER'S ESTIMATE: 32,109,306.75
TIME OF COMPLETION: 300 Calendar Days
McArdle Read PH.3 Project,
Street Improvement Project 906
(Engineering Project No.6148
Cash Co..(,. Co., Ltd. Be,, Ltd
18607 Heatherwllds 1414 Corn Products Rd.
P0u ervllle,Tx 78660 Corp.. Clulstl, Tx 78401
WT Young Conshr. Co.
P. O. Box 7128
Corpus Chdstl, Tx 78472
SaOnas Const. Tech, Ltd -
3731 FM 3006
Pleasanton Tx 78064
PA1tT'C"ilAR2G1N� AT �� �$RItR' SV.iB "!
,;€;:
ITEM
DESCRIPTION QTY.
UNIT
UNIT PRICE
I AMOUNT UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
C15
5" Concrete Sidewalk, complete in place per
Sauare Foot 2,143
SF
$4.50
$9,643.50 $4.00
$8,572.00
$6.20
$13,286.60
$8.50
$18,215.50
C16
Special Header Curb, complete in place per L near
ED&Jt 55
LF
$20.00
$1,100.00 $48,00
$2,640.00
$26.00
$1,430.00
$118.00
$6,490.00
C17
Concrete Driveway, complete in place per Sauam
EgUt 1,671
SF
$6.00
$10,026.00 $5.00
$8,35500
$7.00
$11,697.00
$10.90
$18,213.90
C18
Type "A" Header Curb, Modified, complete in place
per Linear Foot 138
LF
$1000
$1,380.00 $16.00
$2,208.00
$22.00
$3,036.00
$54.00
$7,452.00
C19
5" Concrete Traffic Island, complete in place per
S.0 tare Fool 285
SF
$5.00
$1,425.00 $6000
$17,100.00
$6.20
$1,767.00
$12.60
$3,591 00
C20
Type "A" Header Curb at Curb Ramps, complete in
place per Linear Foot 52
LF
$1300
$676.00 $16.00
$832.00
$22.00
$1,144.00
$54.00
$2,808.00
C21
Curb Ramp Including Truncated Dome Pavers,
complete in place per dare Foot 224
SF
$1800
$4,032.00 $12.00
$2,688.00
$2200
$4,92800
$133.00
$29,792.00
C22
Remove Existing Curb & Gutter, complete in place
per Linear Foot 451
LF
$390
$1,758.90 $5.00
$2,25500
J $3.00
$1,353.00
$15.00
$6,765.00
C23
Remove Existing Curb Inlet (Saly Frame/ Cover,
Deliver to City), complete in place per-Eacb 2
EA
$220.00
$440.00 $700.00
$1,400.00
$700.00
$1,400.00
$5,000.00
$10,000.00
C24
Remove Existing RCP Leads (15" & 18"),
Complete in place per Cnear Foot 15
LF
$13.00
$195.00 $20.00
$300.00
$50.00
$750.00
$25.00
$375.00
C25
6" Concrete Curb, complete in place per Linear
Eset 429
LF
$10.00
$4,290.00 $13.50
$5,791.50
$12.00
$5,148.00
$22.00
$9,438.00
C26
Storm Water Pollution Prevention Control,
complete in place per Lump -a= 1
LS
$1,000.00
$1,000.00 $2,000.00
$2,000.00
$2,500.00
$2,500.00
$8,000.00
$8,000.00
C27
Stormwater Manhole Adjustment, complete in
place per Each 1
EA
1 $2,200.00
$2,200.00 $1,00000
$1,000.00
$2,500.00
$2,500.00
$2,500.00
$2,500.00
C28
Standard 6 -Ft Curb Inlet, complete in place per
Lash 1
EA
$320.00
$320.00 $2,00000
$2,000.00
$2,600.00
$2,600.00
$5,000.00
$5 OLD 00
TABULATION OF BIDS
MEI GOVIND
BASE BID (GROUP II)
TABULATED BY: 'Angel R. Escobar, P. E.
DATE: Wednesday, Jun. 11, 2003
ENGINEER'S ESTIMATE: S 2,100,306.76
TIME OF COMPLETION: 300 Calendar Days
McArdle Read PN.3 Project,
Street Improvement Project r1C6
(Engineering Project No.6146
Cash Constr. Co., Ltd.
16607 1-fieatherwll4e
POu arvllle Tx 76660
Bay, Ltd.
1414 Corn Products Rd.
Corpus Christi, T. 78401
WT Young Constr. Co.
P. 0. Box 7126
Con -Pus Chrlstl, Tx 76472
Salinas Constr. Tach, Ltd.
3131 FM 3005
Plea"Mon,Tx 78064
PART V
AIRLINEA"OUTfEPADRfi :.... ff`731iIVE 5tN
x.
ITEM
DESCRIPUON
CITY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
C29
Special Grate Inlet w/ Concrete Apron, complete in
place per Each
1
EA
$1,300.00
$1,300.00
$3,200.00
$3,200.00
$2,400.00
$2,400.00
$7,500.00
$7,500.00
C30
18" RCP Lead, complete in place per L'near Foot
20
LF
$160.00
$3,200.00
$58.00
$1,160.00
$75.00
$1,500.00
$75.00
$1,500.00
C31
Connection of 18" RCP to Existing Storm Manhole,
complete in place per EBCb
1
EA
$610.00
$610.00
$500.00
$500.00
$1,100.00
$1,100.00
$2,000.00
$2,000.00
C32
Cul & Remove Existing 1.5" PVC Force Main,
complete in place per Linear Eo0t
220
LF
$1200
$2,640.60
$340
$746.80
$796
$1,540.00
$7560..-
_. $3,500..00
C33
Cut, Plug & Abandon 3" PVC Force Main,
complete in place per Lnear Foot
2
EA
$460.00
$920.00
$150.00
$300.00
$180.00
$360.00
1 $3,500.00
$7,000.00
C34
Grout Fill Abandoned 3" PVC Force Main,
complete in place per L' near Foot
218
LF
$1200
$2,616.00
$10.00
$2,180.00
$1000
$2,18000
$15.00
$3,270.00
C35
1.5" PVC Farce Main W/ Connection to Existing
Line, complete in place per Linear Foot
209
LF
$28.00
$5,852,00
$5.00
$1,045.00
$9.00
$1,88190
$50.00
$10,450.00
C36
3" PVC Force Main W/Connection to Existing Line,
complete in place per Linear Foot
207
LF
$32.00
$6,624.00
$6.00
$1,242.00
$10.00
$2,07000
$75.00
$15,525.00
C37
Not Applicable
N/A
N/A
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
C38
Traffic Control, complete in place per Lumn Cum
1
LS
$9,000.00
$9,000.00
$25,000.00
$25,000.00
$10,000.00
$10,000.00
$4,000.00
$4,000.00
C39
Remove and Relocate Pedestrian Signal Pole,
Remove Existing Foundation 1 -Ft Below Finished
Subgrade, and Install New Foundation, Complete
in place per Farb
1
EA
$4,800.00
$4,800.00
$5,000.00
$5,000.00
$4,600.00
$4,600.00
$5,000.00
$5,000.00
C40
Install Electrical Counduit for Pedestrian Signal
Pole Including Trenching, Installing new PVC
Shcedule 40 Conduit, Installing new Type "A"
Ground Box, Pulling Existing Traffic Signal Cable,
and Reinstalling Into new Conduit, Complete in
place per Linear Foot
12
LF
$300.00
$3,600.00
$300.00
$3,600.00
$290.00
$3,480.00
$350.00
$4,200.00
TABULATION OF BIDS
MF' 'ND
BASL _r (GROUP Ip
TABULATED SY: 'Angel R. Escobar, P. E.
DATE: Wednesday, June 11, 2003
ENGINEER'S ESTIMATE: S 2,109,305.75
TIME OF COMPLETION: 300 Calendar Days
MCArdle Road PH.3 Project,
Street Improvement Project RCS
En Ineerin Pr ect No.51e8
Cash Constr. Co., Ltd.
18007 Heatherwllde
PSu ervllle,Tx 75880
Bay, Ltd.
1010 Corn Products Rd.
Corpus Christi, Tx 78001
Yn Young Consh. Co.
P. O. Box 7125
Corpus Chdsd, Tx 78072
Sallnas Ccnstr. Tech, Ltd.
3739 FM 3000
Pleasanton Tx 780M
aAAt V.'4I ¢LWtAi 66YIt4F#Rt31t
ITEM DESCRIPTION OTY.
UNIT UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNR PRICE
AMOUNT
$182,283.30
$197,449.50
$191,537.60
$429,387.20
(Group ll) Subtotal Part V- Airline at SPID Site:
(Includes Group It Base Bid Items 01 through C40)
(Group ll) Total Base Bid for Part Wand 'C'
(Includes Group It Base Bid Items B1 through B27, plus Cl through C40)
$334,427.00 $346,983.00 $356,541.60 1 $762,311.40
TABULATION OF BIDS
ALTERNATE BID -B- (GROUP II)
TABULATED BY: 'Angel R. Escobar, P. E.
DATE: Wednesday, June 11, 2003
ENGINEER'S ESTIMATE: $ 2,109,306.75
TIME OF COMPLETION: 300 Calendar Days
McArdle Road PH.3 Project,
Street Improvement Project BC6
(Engineering Project No.6146)
Cash Constr. Co., Ltd.
18607 Heathemllda
PRugerville,Tx 78660
Bay, Ltd.
1414 Corn Products Rd.
Corpus Christi, Tx 78401
WT Young Constr. Co.
P.O. Box 7128
Corpus Christi, Tx 78412
Salinas Constr. Tach, Ltd.
3734 FM 3006
PleasantogTx 78064
AkT,0KNATEb111)'B'tGROUP.
EthiS+&&R�CONSTkUCTfRAFF`N,�EANO
IijiAP4.E$A7
- ._
ITEM
DESCRIPTION
OTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
BB1
Remove Brick Pavers at Traffic Island, complete
in place per Square Fool
1,698
SF
$1.50
$2,547.00
$1.00
$1,698.00
$4.00
$6,792.00
$7.50
$12,735.00
BB2
5" Concrete Traffic Island, complete in place per
Square Foot
1,403
SF
$5.00
$7,015.00
$10.00
$14,030.00
$6.20
$8,698.60
$12.40
$17,397.20
BB3
Curb Ramp, Including Truncated Dome Pavers,
complete in place per Square Fool
295
SF
$11.00
$3,245.00
$8.00
$2,360.00
$22.00
$6,490.00
$133.00
$39,235.00
BB4
Type "A" Header Curb for Curb Ramp, complete
in place per Linear Foot
17
LF
$9.50
1 $161,50 =:
$25.00
$425.00
$24.00
$408.00
$54.00
$918.00
BB5
Remove 6" Curb 8 Gutter for Curb Ramps,
complete in place per Linear Foot
11
LF
$3.70
$40.70
$16.00
$176.00
$6.00
$66.00
$50.00
$550.00
BB6
Not Applicable
N/A
N/A
1 $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
BB7
Not Applicable
N/A
N/A
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
BB8
Additional Traffic Control, complete in place per
Lump Sum
1
LS
$4,300.00
$4,300.00
$5,000.00
$5,000.00
$4,000.00
$4,000.00
$2,500.00
$2,500.00
2 $1'7;3M20j
$23,689.001$26,454.60
i$73,335.20
Subtotal Alternate Bid 'B"
(Includes Group 11 Alternative Bid Items BB1 through BBB)
m
m1 9.50 x 17 = 161.50 - Contractor Indicated $171.00
W This Total Reflects The Correct Total - Contractor Indicated $ 17,318.00
u'
0
N n
TABULATION OF BIDS
MEI GOVIND
McArdle Road PH. 3 Project,
Streetlmprovements Project #C6
(Engineering Project No. 6146)
BASE BID (GROUP 1)
TOTALS: McArdle Road Phase 3 Everhart Road To Holmes Drive
SUBTOTAL
BASE BID
DESCRIPTION
Cash Constr. Co., Ltd.
18607 Heatherwilde
Pflugerville,Tx 78660
Bay, Ltd.
1414 Corn Products Rd.
Corpus Christi, Tx 78401
WT Young Constr. Co.
P. O. BOX 7128
Corpus Chrsiti, TX 78472
Salinas Constr. Tech, Ltd
3734 FM 3006
Pleasanton,Tx 78064
(Group 1) Part'A'
Items Al Through A29
$1,197,669.40
$1,087,538.30
$1,312,625.35
$1,958,299.81
(Group 1) Part'B'
Items B1 Through B24
$434,776.90
$561,502.00
$399,173.90
$928,744.29
(Group 1) Part'C'
Items Cl Through C28
$357,043.00
$417,274.00
$355,720.00
$854,142.34
(Group 1) Part'D'
Items D1 Through D10
$162,292.00
$148,716.00
$125,798.00
$254,540.64
(Group 1) Part'E'
Items E1 Through E11
$49,192.50
$53,587.50
$104,537.50
$53,397.50
(Group 1) Part'F'
Item F1
$27,200.00
$29,600.00
$25,200.00
$28,000.00
(GROUP 1) TOTAL BASE BID (Parts 'A',
'B', 'C', 'D', 'E', AND 'F'):
McArdle Road Phase 3 Everhart Road To
Holmes Drive
$2,228,173.80 $2,298,217.80 $2,323,054.75 $4,077,124.58
BASE BID (GROUP II)
TOTALS: Street Improvement Project C-11 Intersection Approach Improvements
N (GROUP II) TOTAL BASE BID
C100 (Parts'B' and'C'):
TOTALS:
$334,427.00 $346,983.00 $356,541.60 $762,311.40
ALTERNATE BID (GROUP II)
Cash Constr. Co., Ltd.
Bay, Ltd.
WT Young Constr. Co.
Salinas Constr. Tech, Ltd
18607 Heatherwilde
1414 Corn Products Rd.
P. O. BOX 7128
3734 FM 3006
SUBTOTAL
BASE BID
DESCRIPTION
Pflugerville,Tx 78660
Corpus Christi, Tx 78401
Corpus Chrsiti, TX 78472
Pleasanton,Tx 78064
(Group II) Part'B'
DESCRIPTION
Pflugerville,Tx 78660
Corpus Christi, Tx 78401
Corpus Chrsiti, TX 78472
Pleasanton,Tx 78064
S. Staples at
Items B1 Through B27
$152,143.70
$149,533.50
$165,004.00
$332,924.20
Everhart
Items BB1 Through
k
(Group 11) Part'C'
Items C1 Through C40
$182,283.30
$197,449.50
$191,537.60
$429,387.20
Airline at S.P.I.D.
Reconstruct Traffic
JH
N (GROUP II) TOTAL BASE BID
C100 (Parts'B' and'C'):
TOTALS:
$334,427.00 $346,983.00 $356,541.60 $762,311.40
ALTERNATE BID (GROUP II)
OUP II) TOTAL BASE BID +ALTERNATE BID (Parts'B' and'C'
M
x $351,736.20
O_
N 0
ALT. BID "B"):
$370,672.00 $382,996.20 $835,646.60
Cash Constr. Co., Ltd.
Bay, Ltd.
WT Young Constr. Co.
Salinas Constr. Tech, Ltd
18607 Heatherwilde
1414 Corn Products Rd.
P. O. BOX 7128
3734 FM 3006
SUBTOTAL
DESCRIPTION
Pflugerville,Tx 78660
Corpus Christi, Tx 78401
Corpus Chrsiti, TX 78472
Pleasanton,Tx 78064
BASE BID
(Group II) Alt. Bid
Items BB1 Through
k
'B'S. Staples at
B138 (Remove &
r
$17�
$23,689.00
$26,454.60
$73,335.20
Everhart
Reconstruct Traffic
JH
Island)
OUP II) TOTAL BASE BID +ALTERNATE BID (Parts'B' and'C'
M
x $351,736.20
O_
N 0
ALT. BID "B"):
$370,672.00 $382,996.20 $835,646.60
STREET IMPROVEMENTS ON WARDLE ROAD
FROM EVERHART ROAD TO HOLMES DRIVE
(Bond Issue Project C6)
CITY COUNCIL EXHIBIT
'ARTMENT OF ENGINEERING SERVICES
CITY OF CORPUS CHRISTI, TEXAS
PAGE: 1 of 3
DATE.• 06-20-2003
7
NO
G
� Z
Go����PR
CIP PROJECT No
NEW
RIGHT TURN LANE
nrarrnN AdA0
II II IV Jli/9L
South Staples Street
New Right Turn Lane on southbound
Staples Street at Everhart RM5
City of Corpus Christi, Texas
EXHIBIT "D"._
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 2 of 3
DATE: 06-20-2003—�
0
S. STAPLES CENTER
w
SUNRISE MALL ?
SO�T�S'
p�0'S'F
GUL FWAY
SHOP.
CENTER
ism
4'D NEW
RIGHT TURN LANE
1,
P PROJECT No. 6152
LOCATION MAP
NOT TO SCALE
EXHIBIT "D"
Airline Road - New Right Turn Lane CITY COUNCIL EXHIBIT
on southbound Airline Rd. at S.P.I.D. DEPARTMENT OF ENGINEERING SERVICES
Expressway westbound Frontage Rd. PAGE: 3 of 3
City of Corpus Christi, Texas -231 DATE: 06-20-2003
i
PRIOR ACTIONS
SUBJECT: McArdle Road Imps, Phase 3, from Everhart to Holmes (Project No. 6146)
BOND ISSUE 2000 PROJECT NO. C-6
Intersection Approach Improvements (Project No. 6152)
BOND ISSUE 200q PROJECT NO. C-11
• South Staples $ Everhart
• Airline at South IPadre Island Drive (SPID)
PRIOR COUNCIL ACTION:
1. November 14, 2000 — Ordinance canvassing returns and declaring the results of the Special
Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven
propositions; adopting and levying a sales and use tax pursuant to Section 4A of the The
Development Corporation Act as approved by the voters in Propositions 4 and 5.
(Ordinance No. 024269)
March 27, 2001 - Motion authorizing the City Manager or his designee to execute an
engineering services contract in the amount of $229,195 with Govind and Associates, Inc.
for the Street Improvements at McArdle Road, Phase 3 from Everhart Road to Holmes
Drive. (Motion No. M2001.124)
April 10, 2001 - Motion authorizing the City Manager, or his designee, to execute an
engineering services contract in the amount of $53,101 with Martinez, Guy & Maybik for
Intersection Approach Improvements at the following sites:
➢ Airline Road - new right turn lane on southbound Airline Road at South Padre Island
Drive Expressway Westbound frontage road;
➢ South Staples Street - new right turn lane on southbound Staples Street at Everhart
Road; and
➢ Waldron Road - new right turn lane on northbound Waldron Road at Hustlin' Hornet
Drive (Motion No. M2001-135).
4. February 26, 2002 — Motion authorizing the City Manager or his designee to execute a
contract amendment granting permission for Govind E.C. to assume all the obligations and
duties of engineering contracts between the City of Corpus Christi and Govind &
Associates, Inc. (Motion No. M2002-059)
5. August 20. 2002 - Motion authorizing the City Manager or his designee to execute Real
Estate Sales Contracts with Jesse David Bebout,Jr. for Parcel 3, Irma Noemi Garcia for
Parcel 4, Mary Pena for Parcel 5, Benjamin De La Rosa and wife, Eunice De La Rosa for
Parcel 6, Anita Carrol Frees -Foster for Parcel 7, Becky Fair for Parcel 13, Richard T.
Lopinto and wife, Gwen F. Lopinto for Parcel 14, Juan Ledesma and wife, Dahlia Ledesma
for Parcel 15, all necessary for the McArdle Road Street Improvement Project, Phase 3,
(#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No.
M2002-268)
EXHIBIT "E"
Page 1 of 4
H.\USERS2\HOME\VELMAR\GEN\STREET6146\CONSTRUCTION\PRIOR ACTIONS
-232-
PRIOR COUNCIL ACTION: (continued)
6. August 27, 2002 — Motion authorizing the City Manager or his designee to execute a Real
Estate Sales Contract with Virginia Gonzalez in the amount of $ 58,000 plus $1,500 in
closing costs and an additional amount not to exceed $22,500 for relocation assistance for
Parcel 10, all necessary for the McArdle Road Street Improvement Project, Phase 3,
(#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No.
2002-271)
7. September 17, 2002 - Motion authorizing the City Manager or his designee to execute a
Real Estate Sales Contract with Cheryl L. Flores in the amount of $ 56,000 plus $1,500 in
closing costs and an additional amount not to exceed $5,250 for relocation assistance for
Parcel 16 and with Hesiquio Rodriguez and wife Eva Maria Rodriguez in the amount of
$82,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for
relocation assistance, all necessary for the McArdle Road Street Improvement Project,
Phase 3, (#6146), Bond Issue 2000, Project No. C-6, and for other municipal purposes.
(Motion No. 2002-212 & 20102-213)
8. September 24, 2002 - Motion authorizing the City Manager or his designee to execute a
Real Estate Sales Contract with Adan Martinez and wife Maria Martinez in the amount of
$ 62,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for
relocation assistance for Parcel 9 and with Eric Barnes and wife, Maria Barnes in the
amount of $67,000 plus $1,500 in closing costs and an additional amount not to exceed
$5,250 for tenant relocation assistance, all necessary for the McArdle Road Street
Improvement Project, Phase 3, (#6146), Bond Issue 2000, Project No. C-6, and for other
municipal purposes. (Motion No. 2002-324)
9. November 12, 2002 - Motion authorizing the City Manager or his designee, to execute a
Real Estate Sales Contract with Gus Montis, in the amount of $121,500 plus $1,500 in
closing costs and an additional amount not to exceed $10,000 for relocation assistance to
cover moving costs and incidental expenses in connection with a replacement business
property, all for the purchase of fee simple property rights for Parcel 2, being all of Lot 12,
Block 1, Mount Vernon Subdivision, with street address of 4902 Everhart Road, necessary
for the McArdle Road Street Improvement Project, Phase 3 (#6146), Bond Issue 2000,
Project No. C-6, and for other municipal purposes. (Motion No. 2002-373)
10. November 19. 2002 - Public Hearing pursuant to Texas Parks and Wildlife Code, Chapter
26, to determine the feasibility of dedicating a .2428 acre strip of land from parkland known
as Mount Vernon Park, necessary for a Right -of -Way Easement In connection with the
McArdle Road Street Improvement Project, Phase 3 (#6146), Bond Issue 2000, Project No.
C-6.
11. November 19, 2002 - Ordinance authorizing a Right -of Way Easement to the public for
dedication of right-of-way through parkland known as Mount Vernon Park necessary for the
McArdle Road Street Improvement Project, Phase 3 (#6146), Bond Issue 2000, Project No.
C-6, and declaring an emergency. (Ordinance No. 025113)
EXHIBIT "E"
Page 2 of 4
H:\USERS2\HOME\VELMAR\GEN\STREET\6146\CONSTRUCTION\PRIOR ACTIONS
-233-
PRIOR COUNCIL ACTION: (continued)
12. November 19. 2002 - Public Hearing pursuant to Texas Parks and Wildlife Code, Chapter
26, to determine the feasibility of dedicating a .0337 acre strip of land from parkland known
as Lions Park, necessary dor a Right -of -Way Easement in connection with the McArdle
Road Street Improvement project, Phase 3 (#6146), Bond Issue 2000, Project No. C-6.
13. November 19. 2002 - Ordinance authorizing a Right -of -Way Easement to the public for
dedication of right-of-way through parkland known as Lions Park necessary for the McArdle
Road Improvement Projeot, Phase 3 (#6146), Bond Issue 2000, Project No. C-6, and
declaring an emergency. (Ordinance No. 025114)
14. December 17. 2002 - Ordnance approving FY 2002-03 Capital Improvement Program
(Ordinance No.025144).
15. January 14, 2003 - Motion authorizing the City Manager or his designee to execute a Real
Estate Sales Contract with',Gloria Justus, in the amount of $53,000 plus $1,500 in closing
costs and an additional amount not to exceed $22,500 for the relocation assistance to cover
moving costs and incidental expenses in connection with a replacement dwelling all for the
purchase of fee simple property rights for Parcel 8, being all of Lot 13, Block 4, Mount
Vernon Subdivision, with a street address of 4902 Waltham, necessary for the McArdle
Road Street Improvement Project, Phase 3, Bond Issue 2000, Project No. C-6, and for
other municipal purposes. (Motion No. 2003-015)
16. January 14. 2003 - Resolution authorizing condemnation proceedings by the City to
condemn fee simple title to Parcel 12, being all Lot 1, Block 6, Mount Vernon Subdivision
Unit 2, from the owners, Gilbert Arispe, and wife, Frances Arispe and recognizing the public
necessity of acquiring the property for the construction of street and utility improvements
in connection with the McArdle Road Street Improvement Project, Phase 3, Bond Issue
2000, Project C-6, and for other municipal purposes. (Resolution No. 025155)
17. February 11, 2003 - Motion authorizing the City Manager or his designee, to execute a Real
Estate Sales Contract with Gilbert Arispe and wife, Frances Arispe in the amount of
$57,800 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for
relocation assistance to cover moving costs and incidental expenses in connection with a
replacement dwelling, all for the purchase of fee simple property rights for Parcel 12, being
all of Lot 1, Block 6, Mount Vernon Subdivision Unit 2, with street address of 4902
Lansdown, necessary for the McArdle Road Street Improvement Project, Phase 3 (#6146),
Bond Issue 2000, Project No. C-6, and for other municipal purposes. (Motion No. M2003-
056)
18. February 18, 2003 - Motion authorizing the Acting City Manager, or his designee, to award
a construction contract in the amount of $79,776 with Mitchells Unlimited for the McArdle
Road Street Improvements, Phase 3, Structures Demolition. (Motion No. M2003-066)
19. May 13, 2003 - Motion authorizing the City Manager, or his designee, to execute Change
Order No. 1 with King -Isles, Inc. in the amount of $147,073 for the Intersection Approach
Improvements at Waldron Road. (Motion No. M2003-170)
EXHIBIT "E"
Page 3 of 4
H iUSERS2WOME%VELMARIGENISTREEn6146\CONSTRUCTION\PRIOR ACTIONS
-234-
PRIOR ADMINISTRATIVE ACTION:
1. October 18. 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 - (Public
Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local
architectural and engineering firms.
2. November 10, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No. 2000-
08 - (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73
local architectural and engineering firms.
3. January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No. 2000-08
- (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local
architectural and engineering firms.
4. April 3. 2001 — Executed Testing Agreement in the amount of $6,500 with Fugro South, Inc.
for McArdle Road Street Improvements, Phase 3, from Everhart Road to Holmes Drive.
5. July 5, 2001 - Executed Testing Agreement in the amount of $6,000 with Kleinfelder for
Intersection Approach Improvements.
6. November 7, 2001 - Executed Amendment No. 1 to the Testing Agreement in the amount
of $3,000, for a total re -stated fee of $9,000, with Kleinfelder for Intersection Approach
Improvements.
7. April 4, 2002 — Held public meeting at the U. S. Army Reserve Facility located at 4722
McArdle Road on the McArdle Road Street Improvements, Phase 3, from Everhart Road
to Holmes Drive.
8. June 10, 2003 — Executed Small Consultant Agreement in the amount of $3,175 with Mody
K. Boatright, P. E. for asbestos survey for demolition on the McArdle Road Street
Improvements, Phase 3, from Everhart Road to Holmes Drive.
9. April 10, 2003 — Executed Testing Agreement in the amount of $12,145 with Fugro South,
Inc. for McArdle Road Street Improvements, Phase 3, from Everhart Road to Holmes Drive.
EXHIBIT "E"
Page 4 of 4
H:\USERS2\HOME\VELMAR\GEN\STREET\6146\CONSTRUCTION\PRIOR ACTIONS
-235-
20
AI$ENDA MEMORANDUM
City Council Action Date: July 8, 2003
AGENDA ITEM:
A. Ordinance appropriating $124,785 from the unappropriated interest earnings from
Water 1994 CIP Fund 1081; and appropriating in Water CIP Fund 4081 for the
TxDOT Hwy 44 Clarkwopd Bypass Utility Adjustments and New Casing Locations;
amending capital budget adopted by Ordinance No. 025144 by increasing
appropriations by $12485; and declaring an emergency.
B. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3
to an Engineering Services Agreement for the Southside Water Transmission Main
with Urban Engineering in the amount of $158,580 for the TxDOT Hwy 44
Clarkwood Bypass Utility Adjustments and New Casing Locations.
ISSUE: The Texas Department of Transportation is in the process of improving the Hwy
44 Clarkwood Bypass, located south of Clarkwood Road along SH 44 between the airport
and Texas A & M Extension Service office. The City is responsible for relocating existing
water and wastewater utility lines to prevent conflict with the new construction.
FUNDING: Funding is available through unappropriated interest earnings in the Water
Capital Improvement Program and Wastewater Capital Improvement Program.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as
presented so the A/E consultant may begin design of the utility adjustments and meet
TxDOT's schedule for improvements to this road.
2L
Eduar arana, P. el R. Escobar, P. E.,
Director of Water Services Director of Engineering Services
Foster Crowell,
Director of Wastewater Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit "C" Location Map
WH0 EIYNDAS\GEN\WATER\ .N. Stevens Water Treal nt Plant\82748276 Southside T'.ns Min Ph 22A&3W.n ntNQ. 3\Me..D
-239-
ROUND INFORMATION
SUBJECT: TxDOT Hwy 44 Clarkwood Bypass Utility Adjustments and New Casing
Locations (Project No. 8478)
PRIOR COUNCIL ACTION:
1. April 24, 2001 - Motionuthorizing the City Manager, or his designee, to execute a
Contract for Professional Services with Urban Engineering for a fee of $1,247,003
for the Southside Water'Transmission Main, Phases 2, 2A, and 3 Project (Motion
No. M2001-162).
2. June 25, 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the !Contract for Professional Services with Urban Engineering
for a fee of $454,125, fpr a total re -stated fee of $1,701,128, for the Southside
Water Transmission Main, Phases 2, 2A, and 3 Project (Motion No. M2002-180).
3. January 14, 2003 - Motion authorizing the City Manager, or his designee, to execute
a construction contract with Garney Companies, Ltd., of Kansas City, Missouri, for a
total fee not to exceed $15, 844,698.58 for the Southside Water Transmission Main,
Phases 2, 2A, and 3 (Motion No. M2003-019).
4. May 13, 2003 - Resolution authorizing the City Manager, or his designee, to
execute a Contractual Agreement for Right Of Way Procurement - Local
Government with the State of Texas, Texas Department of Transportation for
reimbursement of the cost for water line adjustment in conjunction with the S.H.
Clarkwood Relief Route.
PRIOR ADMINISTRATIVE ACTION:
1. April 23, 2003 - Executed Amendment No. 2 to the Contract for Professional
Services with Urban Engineering for a fee of $23,425, for a total re -stated fee of
$1,724,553, for the existing 48 -inch water line adjustment and casing for the TXDOT
S. H. 44 Clarkwood Bypass.
FUTURE COUNCIL ACTION:
1. Award of a Change Order to the Construction Contract with Garney Companies,
Ltd., of Kansas City, Missouri, for the adjustment of a 48 -inch water line.
2. Execution of an Advanced Funding Agreement to place funds in escrow for
installation of casings for future water and wastewater utility lines as part of the
construction contract for the State Highway44 Clarkwood Relief Route.
3. Award of a Construction Contract for other related utility adjustment required for the
by-pass.
EXHIBIT "A"
Pa e 1 of 2
H:\HOME\LVNDAS\GEN\WATER\O. N. Stevens Waled Taal Mnt Plant\8274-6276 -ryGo Ihsitle Trans Main Ph 2,2A & 3Arhentlment No. 3\BACKGROUND.tloc
-M-11
PROJECT BACKGROUND: The Texas Department of Transportation (TxDOT) is in the
process of designing and bidding the proposed improvements known as the Hwy 44
Clarkwood Bypass. The proposed bypass will run south of Clarkwood community along
SH 44 between the airport and the Texas A&M Extension Service. TxDOT has informed
the City of Corpus Christi that there are existing utilities in the TxDOT Right -Of -Way (ROW)
that have to be relocated so asof to conflict with the new highway construction. Affected
utilities are water and wastewlter pipelines crossing the proposed bypass highway at
Clarkwood Road and an 8 -inch O iameter waterline along SH 44 west of Rand Morgan Rd.
Amendment No. 2 was executwith Urban Engineering forthe design of the existing 48-
inch water line adjustment and encasing for S. H. 44 Clarkwood Bypass. It is anticipated to
execute a change order with Gurney Companies, Ltd., of Kansas City, Missouri, for the
adjustment of the 48 -inch water line. This work will qualify for TXDOT's 90%
reimbursement requirement.
PROJECT DESCRIPTION: This project involves relocating existing utilities located in the
TxDOT ROW along Clarkwood fid. and along the TxDOT ROW west of Rand Morgan Rd.
At Clarkwood Rd. the existing 12 -inch water line and existing 10 -inch wastewater force
main will be adjusted to miss the new bridge pilings and the existing 10 -inch gravity sewer
will be sliplined so that it does not have to be moved. The existing 8 -inch waterline along
and inside the TxDOT ROW west of Rand Morgan Rd. conflicts with proposed storm sewer
piping and will have to be removed or abandoned in place after new waterline is
constructed. To replace the 8 -Inch a new 4 -inch waterline and a portion of new master
plan 16 -inch waterline will be constructed in a new utility easement outside of and adjacent
to the TxDOT ROW. Also west of Rand Morgan Rd. there are two existing 8 -inch
waterlines in casings that cross SH 44 that will have to have the casings extended to
beyond the proposed limits of new TxDOT pavement. In addition, location and size of
casings forfuture waterlines in this area are to be provided to TxDOT for them to include in
their highway construction project. Utility adjustments to be performed by this project must
be completed by the end of December 2003 to meet TxDOT schedule for highway
construction.
The estimate probable construction cost for the utility adjustments, including the
additional 4 -inch water line is $861,350. This does not including easement purchase.
CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B".
EXHIBIT "A"
Pa e2of2
H \HOME\LVNDAS\GEN ATER\O. N. Stevens Water Treatment Plant\8274-8276 - Southside Trans Main Ph 2.2A & 3Wmendment No. 3\BACKGROUNDAM
-241-
CONTRACT SUMMARY
AMENDMENT NO. 3
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, Texas hereinafter called "City", and Urban Engineering
hereinafter called "Engineer ",'agree to the following amendments to the Contract for
Engineering Services for Southside Transmission Main Phases 2, 2a and 3 — Clarkwood
to Staples Street Pumping Planet (FM 2444) as authorized by:
Original Contract Aril 24, 2001 Motion No. M2001-162 $1,247,003.00
Amendment No. 1 Jun 25, 2002 Motion No. M2002-180 $454,125.00
Amendment No. 2 1 Aoril 23. 2003 1 Administrative ADDroval 1 $23 425 00
Exhibit "A", Section I. SCOPE OF SERVICES, Paragraph B., ADDITIONAL
SERVICES, (ALLOWANCE) shall be modified by the inclusion of the additional
paragraphs shown below.
10. TxDOT Hwy 44 Clarkwood Bypass — Existing Utility Adjustments and New Casing
Locations. Provide servic s for design, plan preparation, bidding and construction
administration to adjust/rel cate the existing water and sanitary sewer service along
Clarkwood Rd. and along TxDOT right-of-way. Provide size and location
recommendations, along With exhibits, for pipe casings for future water lines across
the TxDOT right-of-ways. Assist in easement acquisition along Hwy 44 Bypass.
Exhibit "A", Section 2. SCHEDULE, shall be modified by the inclusion of the
following schedule shown bglow.
2. SCHEDULE
Friday
July 11, 2003
Begin design
Friday
July 25, 2003
100% Submittal
Friday
August 1, 2003
City Review
Tuesday
August 12, 2003
Final Submittal
Monday
August 18, 2003
Advertise for Bids
Wednesday
September 10, 2003
Receive Bids
Tuesday
September 23, 2003
Contract Award
Monday
October 20, 20_03
Begin Construction
Wednesday
December 30, 2003
Complete Construction
EXHIBIT "B"
Page 1 of 3
-242-
Fees for Basic Service
Phase Two
1. Preliminary Phase
2. Design Phase
3. Bid Phase
4. Construction Phase
Sub -Total Fees Basic Service
Fees for Additional Service
1. Permitting
2. ROW Acquisition Survey/Title Reports
3. Aerial Photography
4. Topographic Services
5. Environmental Assessments
6. Warranty Phase
7. Right -of -Way Acquisition
8. 16" Gas Main
9. Existing 48" WL Adjust. & Casing
10. Clarkwood Bypass Utility Adjust.
Sub -Total Fees Additional Service
Total of Authorized Fees
Total of Amendment No. 3:
*See detail next page
Original
I Amendment
Amendment
Amendment
Total
Contract
No.1
No.2
No.3
Contract
$197,525.00
$0.00
$0.00
$0.00
$197,525.00
655,094.00
0.00
0.00
0.00
655,094.00
16,100.00
0.00
0.00
0.00
16,100.00
118,800.00
0.00
0.00
0.00
118,800.00
987,519.00
0.00
0.00
0.00
987,519.00
35,834.00
0.00
0.00
0.00
35,834.00
76,228.00
0.00
0.00
0.00
76,228.00
48,022.00
0.00
0.00
0.00
48,022.00
30,500.00
0.00
0.00
0.00
30,500.00
66,500.00
0.00
0.00
0.00
6`6,506.00
2,400.00
0.00
0.00
0.00
2,400.00
0.00
372,700.00
0.00
0.00
372,700.00
0.00
81,425.00
0.00
0.00
81,425.00
0.00
0.00
23,425.00
0.00
23,425.00
0.00
0.00
0.00
158,580.00
158,580.00
259,484.00
454,125.00
23,425.00
158,580.00
895,614.00
$1,247,003.0
$454,125.00
$23,425.00
*158,580.00
$1,883,133.00
0
158,580.00
EXHIBIT "B"
Page 2 of 3
TXDOT HWY 44 Clarkwood Bypass
Water & Sewer Line Adjustments
Proposed Engineering Fee - Amendment 3
FEE
1. Utility Adjustments
Basic Services
Clarkwood Road Utility & Casing Adjustments $90,355.00
60" Tie-in @ Rand Morgan (Future 16" & 24")
New 16" Distribution Main / Abandon Exist. 8" PVC
Additional Services:
Surveying and Permitting $6,200.00
Item No. 1 Sub -Total $96.555.00
2. Casing Exhibits for Future Lines (TxDOT to Install)
Prepare casing drawing for six locations
Item No. 2 Sub -Total
3. 8" Water -Line Investigation
Existing 8" WL Investigation $7,000.00
Item No. 3 Sub -Total $7,000.00
Easement Acquisition
Easement Acquisition Survey
$4,810.00
Easement Coordination
$5,000.00
Title Insurance ($555/Tract)
$2,775.00
Appraisals ($1250/Tradt)
$6,250.00
Land Acquisition Specialists ($3770/Tract)
$18,850.00
Legal Services (Allowance)
$3,000.00
Condemnation Hearings (Allowance)
$7,500.00
otal Proposed Fee
Item No. 4 Sub-Totall $48,185.00
-244-
Exhibit "B"
Page 3 of 3
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EXHIBIT "C"
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EXHIBIT "C"
—248— PAGE 4 OF 4
\
E
ORDINANCE
APPROPRIATING $124,785 IN UNAPPROPRIATED INTEREST
EARNINGS FROM THE WATER CIP FUND NO. 4081 (1994
REVENUE BOND)', FOR THE TXDOT HIGHWAY 44
CLARKWOOD BYPASS UTILITY ADJUSTMENTS AND NEW
CASING LOCATI�NS; AMENDING CAPITAL BUDGET
ADOPTED BY O DINANCE NO. 025144 TO INCREASE
APPROPRIATIONS BY $124,785; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $124,785 in unappropriated interest earnings from the Water
CIP Fund No. 4081 (1994 Revenue Bond); is appropriated for the TXDOT
Highway 44 Clarkwood Bypass utility adjustments and new casing locations.
SECTION 2. That the Capital Budget adopted by Ordinance 025144 is amended
to increase appropriations by $124,785.
SECTION 3. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
day of 12003.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: July 1`2003
Lisa Aguilar
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
-249-
21
ENDA MEMORANDUM
July 8, 2003
SUBJECT: Covered Parking- Corpus Christi International Airport
Project No. 1083
AGENDA ITEM:
Motion authorizing the City Ma0ager, or his designee, to execute a contract in the amount
of $58,250.00 with Bennett, Martin, Solka and Torno, Inc. of Corpus Christi, Texas, for
architectural services for the Corpus Christi International Airport Covered Parking project.
ISSUE:
Architectural services are recjuired to prepare plans, specifications, bid and contract
documents to proceed with the project.
FUNDING:
Funding is available from the Airport CIP Fund.
RECOMMENDATION:
Approval of the motion as presented.
ge/K. Escobar, P.E. Uate
Director - Engineering Services
Attachments
Exhibit A:
Background
Exhibit B:
Responding Firms
Exhibit C:
Contract Summary
Exhibit D:
Location Map
H:\HOME\KEVINS\GEN\AIR\CANOPYRFP\ARAWDMEMO.DOC
-253-
L4ra 3
Dave Hamnck to
Director - Aviation
INFORMATION
BACKGROUND:
One of the higher rated amenities for citizens using the Corpus Christi International Airport
has been the provision of cov�red parking. Review of design alternatives indicates that the
use of fabric covered structures would permit the City to proceed with the installation of
approximately 350 covered { arking spaces. The proposed project includes extending
fabric covered walkways fromi the existing metal canopies across the short term parking lot.
The covered parking would consist of four rows of covered parking closest to the short term
parking lot (two single rows a6d one double row). Lighting underthe canopies is included
in the project.
The structures will be designed to withstand the wind load requirements as set by the
Building Code and Texas Department of Insurance (ASCE 7-93 95 mph one minute
sustained winds) and ASCE 7-95 120 mph 3 second gust speeds). The fabric covers are
designed to be removable in advance of landfall by a hurricane. Fabric life and warranties
are typically guaranteed for 8 to 10 years.
Prior Council Action:
December 17, 2003 - Ordinance adopting the FY2003 Capital Budget and Capital
Improvement Planning Guide (Ord. No. 025144).
Future Council Action:
Council will be requested to award the construction contract.
Consultant Selection/Contract:
Local architects and engineers were requested to respond to Request for Qualifications
(RFQ) #2003-02 for the Covered Parking and Walkway Project at Corpus Christi
International Airport. Seven firms responded. All of the responding firms are Corpus
Christi firms or maintain a local Corpus Christi office. The responding firms and sub -
consultants are attached. See Exhibit B.
The firms were ranked based on the evaluation criteria set forth in the RFQ. All of the firms
were deemed qualified and possessed significant experience. Four of the firms included
the participation of an architect on the design team. The review panel considered it
imperative that architectural involvement be included as the covered parking and walkway
is to be directly in front of the new Terminal Building.
The team led by Bennett, Martin, Solka and Torno was deemed to be the most qualified.
They have been the local sub -consultant to M. Arthur Gensler and Associates during the
design and construction of the new Terminal building. Their proposal recognized the need
to ensure the covered walkways and parking complimented the strong architectural design
of the Terminal building. The contract summary is attached. See Exhibit C.
Exhibit A
Page 1of1
-254-
RESPONDING FIRMS
RFQ #2003
FIRM
SUB -CONSULTANTS
BHP En ineerin
None
Bennett, Martin, Solka & T rno
MEI Govind
Turner Engineers
Goldston Engineering
Colwell & Associates
TKO Architects
HDR Engineering
None
Naismith Engineering
ArchitecTKO
RVE, Inc.
Bath Engineering
J. R. Thompson
Freese & Nichols
Smith Russo & Mercer
Roots/Foster Associates
Onyx Engineering
Exhibit B
Page 1 of I
-255-
CONTRACT SUMMARY
COVERED WALKWAYS & PARKING
Contract for Architectural/Engineering. Services
SCOPE OF SERVICES
The project scope includes all elem�nts necessary to provide covered parking for approximately 350 spaces
configured in two single rows and ole double row. The covered walkways will be approximately 10 -feet wide.
All covered parking and walkways Will be provided with lighting.
BASIC SERVICES
1. Preliminary Phase
t The Consultant will:
a.
review the
Program requirements developed by the City;
b.
review the
oadway and parking lot plans and any change orders as currently under
construction;
C.
develop ary
understanding of the critical parking and operational issues through a
meeting with
City staff;
d.
conduct a visual
survey to observe the parking lot as to activity level;
e.
document Odditional
information impacting covered parking design and configuration
determined
from the data collection, observations and review;
f.
refine the preferred
covered parking concept and implementation plans;
g.
prepare bake plans, for their use and their consultants use for the preparation of
design drawings, using available roadway and parking lot plans and field verification
when necessary;
h.
record minutes of all meetings with City staff and other City Consultants and deliver a
copy to the City Engineer for reproduction and distribution;
Design
- Constructi n Document Phase 75% - The Consultant will:
a.
employ an coordinate the activities of Consultant's staff architect(s), and consulting
engineer(s) to ensure all architectural and engineering related report documents are
prepared under the direct supervision of and sealed by architect(s) or engineer(s)
registered to practice in the State of Texas. Sub -Consultants (engineer(s)) shall
practice engineering in the disciplines for which they will be engaged in the design of
this project, (i.e. civil, structural, mechanical, electrical, plumbing);
b.
prepare design development documents for the entire project to define and describe
the project establishing the scope, relationship, form, size and appearance of the
project through the use of plans, sections, schedules, typical details, illustration
drawings, and outline specifications;
C.
produce design documents in a manner to assure their suitability for continued use in
the development of bid, contract, and construction documents;
d.
all design, bid, and construction documents will be developed with electronic format
(AutoCAD r.14 or higher);
e.
drawings will define all major elements and systems in civil, landscaping schematic,
architectural, interiors, structural, mechanical, electrical, plumbing, electrical, airport
systems, and communications;
f.
coordinate with other consultants selected and retained by the City for roadway,
parking lot and electrical layout for inclusion, as applicable, of their design
documents in the design - construction documents delivered to the City;
g.
prepare and deliver two (2) color renderings depicting the final design from views
coordinated with City's Director of Aviation;
h.
meet with local building and fire code officials to review the project;
i.
develop an outline specification identifying major materials and systems;
j.
prepare an estimate of probable construction cost and project schedule;
k
deliver five (5) sets of design development drawings that represent 60% contract
document completion to the City Engineer and meet with City staff and the City's
program manager for review and approval;
Exhibit C
Page 1 of 4
H:\HOME\KEV INS\GEN\AI R\CanopyR FP\AEAwdCantractSu mExhC. DOC
._.
-256-
Design — Constructipn Document Phase (100%) — The Consultant will:
a. prepare drawings, specifications, bid, contract, construction documents based on the
approved design development documents which set forth in detail the requirements,
drawings, s ecifications, and quality levels of materials and systems necessary in
the format t permit the bid, contract award, and construction of the project;
b. determine t at any disclosure statements and contract provisions required by the
FAA are included in the contract documents;
C. prepare cor struction drawings (plans and specifications) in City format;
d. deliver five 5) copies of the 90% complete construction documents and meet with
the City En, lineer and City staff for review and approval prior to completion of the
final bid and construction documents;
e. the Consuli ant will prepare technical specifications which define the quality and
installation f materials, systems, and equipment;
f. deliver to he City Engineer plans, specification manuals, bid and contract
documents in a format suitable for review by the FAA and Texas Department of
Licensing a id Regulation (TDLR) for handicap accessibility;
g. work on be ialf of the City Engineer in evaluation and correction of documents to
meet requir ments of the FAA and TDLR if necessary;
h. deliver to the City Engineer final reproducible plans, specifications, contract and bid
documents in City format including full size and half size plan sheets;
i. review and validate the estimate of probable construction cost and project budget as
it relates to alternative construction based on the final construction documents;
j. recommend alternatives, methods of bidding, and any alternate bid items that may
be needed to allow the City to award the construction contract within budget;
Bid Phase - The Consultant shall complete the following as part of the bid phase services:
a. attend "on-site(s) pre-bid conference noting inconsistencies (if any) in the bid
documents;
b. prepare for the City Engineer any addenda necessary to inform contractors of other
revisions to the bid documents identified prior to bidding. Addenda will be prepared
by Consultant and reproduced and distributed by the City Engineer;
C. assist the City Engineer in securing bids, analyze bids, and make a written
recommendation concerning award of the contract; and
d. in the event the bid received by the lowest responsible bidder exceeds the
established iproject budget for construction, the Consultant will, at his/her expense,
confer with City Engineer and make revisions as necessary and satisfactory to the
City Engineer to permit the re -advertising of the project for bids.
B. CONSTRUCTION SERVICES
Construction Phasa - The Consultant shall complete the following tasks during the
construction phase:
a. attend and assist the City Engineer with a pre -construction meeting between the
contractor, City Engineer, and other interested parties;
b. review and ¢heck for approval, materials and other submittals customarily provided
by the Contractor or required by contract documents during the course of
construction by the contractor and ensure that two field copies and one record of
submittal data is provided to the City Engineer (the construction contract documents
will provide for the contractor to pay the cost for any approval, materials or other
submittals requiring more than two (2) reviews by the Consultant). The Consultant's
review or approval of Contractor's submittals such as shop drawings, product data
and samples shall only be for the limited purpose of checking for general
conformance with the visual design concept expressed in the contract documents.
The Consultant shall not be responsible for any deviations between (1) the shop
drawings, and (2) the contract documents and field conditions;
Exhibit C
Page 2 of 4
H:\HOME\KEVINS\GENWRNCanopyRFPWAEAwdContractSumExhC.DOC
AwdContractSumExhC.DOC
—257—
C. prepare a dolor and material board, after receipt of submittals from the contractor, for
review and approval by the City Engineer;
d. provide interpretations and clarifications of the plans and specifications for the
contractor sind authorize minor changes which do not affect the contractor's price or
the duratiom of the construction contract, and are not contrary to the general interest
of the City under the contract;
e. review and evaluate any change order proposals that may be necessary during the
progress of the work including a recommendation to accept or reject;
f. consult with the City Engineer and advise during construction and confer with City
staff and other governmental authorities as needed;
g. make necessary visits to the site(s) of the project, work in cooperation with the City
Engineer a0d his/her representative (Project Manager) and contractor to observe the
general pr gress and quality of work, and determine, in general, if the work is being
done in accordance with the contract documents and in accordance with the
quantities of work represented in current contractor requests for payment.
Consultant site visits will not constitute or be confused with a resident inspection or
continuous imonitoring of the progress of construction. It is anticipated that site visits
will require the Consultant to provide approximately one site visit per month during
the construction period. The Consultant's electrical and structural engineering
consultants will provide periodic site visits during the construction period.
h. provide for engineering inspections during the progress of the project to ensure
execution and delivery to the City Engineer a WPI -I and WPI -II Windstorm Certificate
as required' by the Texas Department of Licensing and Regulation, executed by an
Engineer licensed to practice in Texas; and
i. travel in Corpus Christi, and its environs, as necessary for accomplishment of
services under this contract.
Post -Construction Phase - The Consultant shall:
a. conduct a preliminary insPection and prepare a punch list of items for correction,
repair or installation by the contractor to be delivered to the City Engineer and
contractor prior to final inspection;
b. conduct a final inspection with the City representative and contractor which shall
include a familiarization walk-through with City personnel (if applicable) of
mechanical and control systems, emergency procedures, and maintenance
procedures; and
C. review of the following materials submitted by the contractor for completeness:
technical id formation, approved submittal sheets, parts lists, manufacturer
maintenance guaranties and warranties and/or other guaranties or warranties and
forward the material to the City's designated representative for copying, collating,
and distribution.
Record Drawings - The consultant shall review the Contractors field set of construction
drawings and specifications. On the basis of "red -line" drawings and marked -up
specifications provided by Contractor, and based upon known deviations, change orders,
mark-ups, and changes reported by the City project inspector, the Consultant shall
prepare "as -built" record drawings and specifications of the project as constructed and
deliver to the City Engineer a reproducible set and electronic file (AutoCAD 04 or later)
of the record drawings and a marked up set of specifications.
H,1tIOM E\KEV I NS\GEN\AIR\CanopyRFP1AEAwd ContractSumExh C. DOC
-258-
Exhibit C Page 3 of 4
ADDITIONAL SERVICES —The Consultant shall:
1. Windstorm Insurance — cause the preparation and delivery of Texas Department of
Insurance WPI -I and WPI -ll Windstorm Insurance Forms to the City Engineer;
2. make up to two presentations to the City Council and Aviation Board;
3. prepare illustration prawings necessary to support the project and presentations.
Summary of Fees:
Tasks
Description
Fee
Basic Services
II.A.1
Pre iminary Phase
3,000
II.A.2
De
ign — Construction Document Phase
28,000
II.A.3
Bid
Phase
3,000
11.6
Co
Se
struction Phase & Post Construction
ices
16,500
Basic Services Subtotal
50,500
Additional Services
II.C.1
Tex
s Dept. of Insurance Windstorm Forms
2,750
II.C.2
Co
ncil/Board Presentations
2,000
II.C.3
lllu
ration Drawings
3,000
Additional Services Subtotal
7,750
Total
58,250
Exhibit C
Page 4 of 4
H:\HOME\KEV INS\GEN\AIR\CanopyRFP\AEAwdContractSumExhC.DOC
-259-
File
z
exh IOB3.
PROJECT LOCATION 1
1000 INTERNATIONAL DRIVE
CORPUS CHRISTI, TEXAS
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Q AND WALKWAYS
LONG-TERM PARKING
SHORT—TERM PARKING
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---------------< \ ��� TO
— � LTOWER
TERMINAL BLDG.
PROJECT N0. 1083 PARKING LOT SITE EXHIBIT "D"
N.T.S.
CORPUS CHRISTI INTERNATIONAL AIRPORT CITY COUNCIL EXHIBI
DEPARTMENT OF ENGINEERING SERVICET
S
COVERED PARKING PAGE: 1 of 1 _
CITY OF CORPUS CHRISTI, TEXAS DATE: 07-08-2003
22
AGENDA MEMORANDUM
DATE: July 8, 2003
SUBJECT: Construction Management Services for 2003 Capital Budget
(Project No. #90064)
AGENDA ITEM:
a. Ordinance appropriating $1119,790.00 in unappropriated interest earnings from the
Water CIP Fund No. 4082 (1995 Revenue Bond) construction management services;
amending the Capital Budget adopted by Ordinance No. 025144 to increase
appropriations by $119,970.00; and declaring an emergency.
b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 for
construction management services in the amount of $187,200 with Anderson Group
Construction Management, Inc. for various Capital Improvement Projects associated
with the 2003 Capital Budget.
ISSUE: The term of the current contract is expiring. The increased volume of capital
improvement projects has made it necessary to extend the contract for construction
management services for one additional year.
FUNDING: Funds are available from FY 02-03 Street and Utility Department Capital
Improvement Programs.
RECOMMENDATION: Staff recommends approval of the motion as presented.
ems`- 17 22;&
'Angel R. Escobar, P. E.,
Director of Engineering Services
Foster Crowell,
Director of Wastewater Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
H 1HOME\KEVIN8\GEN\CIP\0203NGCMAwdMe.Amd1 doe
7/--�-k3
Eduardo Garana, P.E.,
Director of Water Services
4�iC• -
71111,q
�6,V#rie(/Gray, P.E.
Director of Storm Water Services
-263-
i
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
i
SUBJECT: Project Management Services for Bond Issue 2000 Street Improvement
Projects.
PRIOR COUNCIL ACTION:
1. August 22, 2000 - Approval of the FY 2000-01 Capital Improvement Budget
(Ordinance No. 024162).
2. November 14, 2000 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Christi for the
adoption of seven propositions; adoption and levying a sales and use tax pursuant
to Section 4A of The Development Corporation Act as approved by the voters in
Propositions 4 and 5 (Ordinance No. 024269).
3. December 17, 2002 - Ordinance adopting the FY2003 Capital Budget and Capital
Improvement Planning Guide (Ordinance No. 025144).
4. January 14, 2003 - Motion authorizing the City Manager, or his designee, to execute
a construction management services agreement in the amount of $72,800 with
Anderson Group Construction Management, Inc. for various Capital Improvement
Projects associated with the 2003 Capital Budget (Motion No. 2003-012).
FUTURE COUNCIL ACTION: Award of various construction contracts.
PROJECT BACKGROUND: The City is presently issuing payments in excess of
$75,000,000 per year for architectural, engineering, testing, construction and land
acquisitions associated with capital projects. This increased level of construction activity
and the need to increase construction management oversight requires the extension of the
construction management services contract for an additional year.
PROJECT DESCRIPTION: This proposed contract includes construction management
services for the various street projects and utility projects that are overseen by the City's
Construction Inspection activity. The City Construction Engineer position is vacant despite
continued recruitment efforts. The position is currently filled by a City staff engineer that
has performed well despite the heavy work -load. Assistance from a construction
management consulting firm is deemed advisable to ensure that projects will continue to be
completed in a timely manner.
The City has 81 major projects with a contract value exceeding $203 million under
construction. City inspectors are addressing are managing 38 projects with construction
managers and consultants inspecting 43 projects. Oversight of City inspectors,
construction managers, and consultants (all 81 projects) will be administered through this
contract amendment.
H:\HOME\KEVINS\GEN\CIP\0203\AGCMAwdBkgAmd 1.doc
EXHIBIT "A"
Page 1 of 2
-264-
._
The initial contract was issued for a six month trial basis to determine if the services
provided met City expectations. Anderson Group agreed to a billing rate that was
equivalent to the cost of the services provided on the condition that the fee would be
subject to negotiation if the contract was extended.
CONTRACT SUMMARY/FEEL A contract and fee summary is attached as Exhibit "B".
FINAL PRODUCT: This contract will result in additional construction management
resources allowing better management of projects actually under construction.
H:\HOM E\KEV I NS\GEN\CIP\0203 W GCMAwd BkgAmd t .doc
-265-
EXHIBIT -
Page 2 of 2
CONTRACT SUMMARY
Section III. Order of Services is amended to read:
III. ORDER OF SERVICES
The Consultant agrees to begin Work upon receipt of the executed contract as amended and Notice
to Proceed. The anticipated duration of Amendment No. 1 is twelve (12) months. Any extension of
the term of contract will be determined and evidenced by a future amendment of this contract.
Section IV. Fee is amended to read:
IV. FEE
A. Fee for Basic Services Authorized. The City will pay the Consultant a lump sum fee not
to exceed $187,200,00 for Amendment No. 1 for a restated not to exceed fee of
$260,000.00 for providing services specified in Section H.A. The fee will be full and total
compensation for services and for all expenses incurred in performing these services.
Consultant will submit monthly statements for basic services rendered. For services
provided in Section I LA the statement will be based upon the Consultant's record of total
services actually completed at the time of billing. The basis of the billing will be the rates
as set forth in Exhibit C. City will make prompt monthly payments in response to
Consultant's monthly statements.
Summary of Authorized Fees.
Task No.
I Description
Total Fee
Original Contract
ILA
Construction Phase Services
$72,800
Total
$72,800
Amendment No. 1
$72,800,
ILA
Construction Phase Services
$187,200
Amended Total
$260,000
All other terms and conditions of the January 14, 2003 contract, as amended, between the City and
Consultant will remain in full force and effect.
Exhibit B
-266-
Page I of 1
ORDINANCE
APPROPRIATING $119,790 IN UNAPPROPRIATED INTEREST
EARNINGS FROM THE WATER CIP FUND NO. 4082 (1995
REVENUE BOND) FOR CONSTRUCTION MANAGEMENT
SERVICES FOR VARIOUS CAPITAL IMPROVEMENT
PROJECTS ASSOCIATED WITH THE 2003 CAPITAL BUDGET;
AMENDING CAPITAL BUDGET ADOPTED BY ORDINANCE NO.
025144 TO INCREASE APPROPRIATIONS BY $119,790; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $119,790 in unappropriated interest earnings from the Water
CIP Fund No. 4082 (1995 Revenue Bond); is appropriated for construction
management services for various Capital Improvement Projects associated with
the 2003 Capital Budget.
SECTION 2. That the Capital Budget adopted by Ordinance 025144 is amended
to increase appropriations by $119,790.
SECTION 3. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
day of 2003.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: June 30, 2003
Lisa Aguilar
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
-267-
23
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: July 8, 2003
AGENDA ITEM: Ordinance propriating $45,000 from the Reserve for Golf
Course Design in Golf Fund 4390 for improvements to Gabe Lozano Sr. Golf
Course and the Oso Beach rVunicipal Golf Course; amending Ordinance No.
024974 which adopted the FY 2002-2003 operating budget by increasing
appropriations by $45,000; and declaring an emergency
ISSUE: Staff is proceeding on the Council's request to use the surcharge funds to begin
work on the improvements identified in the National Golf Foundation Study.
REQUIRED COUNCIL ACTION: The City Council must approve all appropriations.
PREVIOUS COUNCIL ACTION:: The City Council passed the fiscal year 02-03 budget in
July of 2002.
FUNDING: Funding is in place but not appropriated.
CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council
appropriate $45,000 from the Golf Fund 4690 from the green fee surcharge reserve for
capital improvements to pay for improvements to the golf courses.
ADS/, �)L �,, -7 - - �
Daniel L. Whitworth, Director
Park and Recreation Department
Attachments: Background Information
-271-
BACKGROUND INFORMATION
NGF Consulting determined that although the market could possibly sustain a third municipal golf
course, that sustenance would be at the expense of the existing two courses. NGF Consulting
recommended against building a third golf course and, instead, focus on determining capital
improvements needed to improve the existing municipal courses. NGF Consulting prepared a
prioritized and fully -costed capital improvement list for each of the existing municipal courses.
Based on that list of capital improvements at the two courses, Council was presented with a plan of
action to use the current surcharge balance to begin the improvements. The amount that will be
used this fiscal year for surcharge improvements is $45,000. Of that amount $17,500 will be used to
hire additional temporary help to accomplish the work so that ongoing maintenance requirements at
the courses will not be sacrificed. Materials to do the work will total $2,500.00. Additionally, a
tractor for trench digging for irrigation improvements and drainage work will be purchased for
$25,000.
-272-
ORDINANCE
APPROPRIATING $45,000 FROM THE RESERVE FOR GOLF COURSE
DESIGN IN GOLF FUND 4690 FOR IMPROVEMENTS TO GABE
LOZANO SR. GOLF COURSE AND THE OSO BEACH MUNICIPAL
GOLF COURSE; AMENDING ORDINANCE NO. 024974 WHICH
ADOPTED THE FY 2002-2003 OPERATING BUDGET BY INCREASING
APPROPRIATIONS BY $45,000; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $45,000 from the reserve for Golf Course Design in Golf Fund 4690
is appropriated to pay for improvements to the Gabe Lozano Sr. Golf Course and the
Oso Beach Municipal Golf Course identified in the National Golf Foundations Study.
SECTION 2. That the FY 2002-2003 Operating Budget adopted by Ordinance No.
024974 is amended by increasing appropriations by $45,000.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the _ day of 2003.
ATTEST:
Armando Chapa
City Secretary
Approved: June 25, 2003
Lisa Aguilar
Assistant City Attorney
for City Attorney
-273-
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
24
NO ATTACHMENT FOR THIS ITEM
-277-
25
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Texas Department of Transportation Hurricane Evacuation
Transportation Operations
STAFF PRESENTER(S):
Name Title/Position Department
1. 'Angel R. Escobar, P.E. Director Engineering Svcs.
2.
3.
OUTSIDE PRESENTER(S):
Name Title/Position Organization
1. David Casteel, P.E. District Engineer TxDOT
2. Bryan Wood, P.E. Deputy District Eng. TxDOT
ISSUE: TxDOT has identified hurricane evacuation projects that could improve the
existing hurricane evacuation transportation operations.
REQUIRED COUNCIL ACTION: None
Exhibit "A" — Powerpoint Presentation
-281-
e artment Head Signature)
FHWA Grant Program To Improve
Transportation Operations During
Hurricane Evacuations
City of Corpus Christi
July 8, 2003
Corpus Christi, Texas
Texas
Transportation
-..Mw047A= Institute
Texas
Department
of Transportation
Grant Received From FHWA
■ Look at evacuation routes for
N
geometric improvement
CO
A
■ Look at signing
■ Look at maps
11
I 37 Primary Route
1. SPID
2. Converge with SPID (Lane balance)
CO
CO �i_ Nueces River/ US 77
4. North from Town
ri
3
Projects Identified
1. Improve SPID/I 37 Interchanges
2. Four -Lane I 37 SPID to US 77 north
3. Hurricane Lane from US 77 north to
SH 72
SPID Interchange with I 37
■ Two lanes
■ Lantana Street
Co
■Will let in the Fall
■Construct until July 2004
■ $800,000
E
Four -Lane I 37
SPID To US 77 North
■ Overlay with PFC
■ Widen structure (minor)
N
co
CIO■ Re -stripe
■ Reduce Delay
■ Let in the Fall
■ Construct in Spring
■ 6 Million
Hurricane Lane
US 77 North to SH 72
■ Allow for more capacity
■ Overlay and re -stripe
N
co
■ Let in the Fall
■ Construct in Spring
■ $4 Million
N
0
Proposed
38'
3'
2'
7LD/
VAC SHAD
°
0
RAiSRu PAVEMENT
MARKERS
RUMBLE STRIPS
HURRICANE EVACUATION
■ More Options
■ Reduce Delay
N
■N$11 Million
■ Ready for 2004 Hurricane
Season
SIGNING
■ Several improvements to signing
N around curves to better delineate
N
Hurricane Route
MAPS
■ Improved maps
N ■ Available by December
w
■ Will make available to HEB,
others for publishing
11
QUESTIONS?
■
■
Contact Info
Bryan Wood, P.E.
Texas Department of Transportation
E-mail: bwood@dot.state.tx.us
Telephone: (361) 808-2300
Garry Ford, Jr., P.E.
Texas Transportation Institute
E-mail: g-ford@tamu.edu
Telephone: (210) 979-9411
13
26
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: _7108/03_
AGENDA ITEM:
Presentation of findings and recommendations regarding fiscal issues from the City Council
Audit Committee.
ISSUE:
The City's General Fund five year financial forecast indicates a significant gap between
General Fund revenues and expenditures over the next five years. The City Council Audit
Committee was appointed and Convened in recent months and charged with examining the
City's long term fiscal condition and recommending strategies for addressing fiscal
constraints. The Committee has met on several occasions to discuss and consider both
short and long range strategies for enhancing revenues and reducing expenditures. Final
committee recommendations will be formulated on Monday, July 7th for presentation to the
entire Council on July 8th.
REQUIRED COUNCIL ACTION:
Consideration of a motion to accept the Committee's recommendations at some point prior
to final FY2003-04 budget adoption in late July.
PREVIOUS COUNCIL ACTION:
Review of the City's General Fund five year financial forecast and adoption of City Council
fiscal policies at the beginning of the annual budget process.
FUNDING:
To be determined pending final recommendations.
-299-
CONCLUSION AND RECOIVI 1 ENDATION:
Committee recommendations will be finalized on Monday, July 7t'
Mark L. M
Executive Director of Support Services
Attachments:
Latest General Fund Five Year Financial Forecast
-300-
6/17/03- CUMULATIVE ADJUSTMENT TO BALANCE
(ADJUSTED FOR ADDITIONAL PROPERTY TAX GROWTH, TIF VALUES AND 1% TMRS EFFECTS)
City of Corpus Christi
General Fund
5 Year Forecast Summary
Proposed Forecast Forecast Forecast Forecast
2003.04 2004-05 2005-06 2006-07 2007-08
Unreserved Fund Balance - 8/1 $ 11,140,728 $ 11,840,728 $ 12,790,728 $ 13,740,728 $ 14,675,728
w (Total Revenues 147,004,879 150,805,286 154,168,009 157,632,012 161,191,064
0
Total Expenditures
Adjustment to Balance Current Revenues to
Current Expenditures
Required Budget Surplus to Meet Fund
Balance Goal
% of Total Expenditures
Estimated Unreserved Fund Balance - 7/31
146,358,206 153,961,324 160,358,427 166,953,686 173,309,858
(646,673) 3,156,039 6,190,418 9,321,674 12,118,794 1
700,000
950,000
950,000
935,000
930,000
0.65%
0.62%
0.58%
0.56%
0.48%
$ 11,840,728
$ 12,790,728
$ 13,740,728
$ 14,675,728
$ 15,605,728
Closing Balance as % Operating Expenditures
8.09%
8.31%
8.57%
8.79%
9.00%
% After Reimbursements & Transfers Out
8.98%
9.21%
9.51%
9.75%
10.00%
Estimated Unreserved Fund Balance - 811
Revenues
6/17103 ANNUAL ADJUSTMENT TO BALANCE
(ADJUSTED FOR ADDITIONAL PROPERTY TAX GROWTH, TIF VALUES AND 1 % TMRS EFFECTS)
City of Corpus Christi
General Fund
5 Year Forecast Summary
Proposed
Forecast
Forecast
Forecast
Forecast
2003-04
2004-05
2005-06
2006-07
2007-08
$ 11,140,728
$ 11,840,728
$ 12,640,728
$ 13,340,728
$ 14,040,728
147,004,879 150,805,286 154,168,009 157,632,012 161,191,064
i
o Total Expenditures 146,358,206 153,961,324 160,358,427 166,953,686 173,309,858
2004-05 Adjustment to Balance 3;156,039 3,156,039 3,156,039
2005-06 Adjustment to Balance 3,034,380 3,034,380
2006-07 Adjustment to Balance 3,131,256
Subtotal 146,358,206 153,961,324 157,202,389 160,763,268 163,988,184
Adjustment to Balance Current Revenues to
Current Expenditures
Required Budget Surplus to Meet Fund
Balance Goal
Yo of Total Expenditures
Estimated Unreserved Fund Balance - 7131
(646,673) 3,156,039 3,034,380 3,131,256 2,797,120
700,000 800,000 700,000 700,000 640,000
0.55% 0.45% 0.45% 0.40% 0.50%
$ 11,840,728 $ 12,640,728 $ 13,340,728 $ 14,040,728 $ 14,680,728
Closing Balance as % Operating Expenditures
8.09%
8.21%
8.49%
8.73%
8.95%
% After Reimbursements & Transfers Out
8.98%
9.10%
9.43%
9.73%
10.00%
27
CITY COUNCIL
PRESENTATION MEMORANDUM
July 8, 2003
AGENDA ITEM:
Overview of Proposed FY2003+04 Special Revenue, Internal Service and Debt Service
Funds Budgets.
CITY STAFF PRESENTER:
Name Title
Mark L. McDaniel Executive Director of Support Services
ISSUE:
The City Council is scheduled to adopt the FY 2003-04 Budget prior to August 1,
2003. As part of the Council Review of the proposed budget, this final presentation
will focus on remaining major funds:
Special Revenue Funds
Crime Control District Seawall Improvement
Hotel Occupancy Tax LEPC
Reinvestment Zone No. 1 & 2 Visitors Facilities
Arena Facility Business & Job Development
Internal Service Funds in general
Debt Service Funds in general
For Council review, the Summary of Contributions to Outside Agencies/Programs
("Blue Book") has been included under separate cover.
REQUIRED COUNCIL ACTION:
No formal action is required at this time. First and second readings on budget
adoption are scheduled for July 15th and July 22nd, respectively.
Mark L.MMcbanie� I
Executive Director of Support Services
Attachments:
Copy of PowerPoint Presentation
Under Separate Cover: Summary of Contributions to Outside Agencies/Programs ('Blue Book")
-305-
FY2003-04 PROPOSED BUDGET
Special Revenue Funds
Internal Service Funds & Debt Service Funds
Focus on the Horizon
I
Focus on the Horizon
2
I
Special Rehr nue Funds
Expendit � by Fund
Bus.&Job
Dev.
13%
Visitors Fac
13%
Other
5%
Seawall
10%
CC&PD
13%
Arena
12%
RIZ #1
5%
Hotel Tax
28%
3
i
w
C
Focus on the Horizon
n
Visitors Faciliti" and Revenues'
Other
Aud./Conv. 0%
Ctr.
30%
Coliseu
11%
HOT (7%)
59%
*Excludes dedicated 2% funding for Convention Center expansion. 5
Visitors Facilities , d Expenditures'
Vater Garde
3%
Cultural Fac.
N
8%
%
Colisei
17%
Other
COnv.
Center/Aud.
57%
*Excludes dedicated 2% funding for Convention Center expansion. 6
W
W
Hotel Tax Fu xpenditures*
Debt Service
5%
Beach
Servic
15%
CVB/Conv.
Promo.
39%
Conv. Center
34%
Contributions
6%
Multicultural
Support
1%
*Excludes dedicated 2% funding for Convention Center expansion. 7
Hotel Tax/Visitor Fac'^ es Funds Fiscal Issues
• Transition Period - Decline in Visitor Facility
Revenues/Activities & Corresponding Budget
Reductions
W
• Projected 2.5% Increase in Hotel Tax Receipts
• Continued Enhanced Funding for CVB Marketing
Efforts
11
Contributions tewtside Agencies
• Hotel Tax Fund -
■ CVB Contribution -
Amount
$200,000 over Base Contract
■ Otherwise, Continuation of Funding Levels for Same
Agencies/Organizations
General Fund and Others -
■ Continuation of Same Funding Levels for CCREDC,
DMD, MHMR, etc.
■ Skate Park Match for junior League
9
Focus on the Horizon
10
AI
Crime Control & Preion District Revenues
Other
1%
Sales Tax
99%
11
Crime Control & Preve .,
�n District Expenditures
Other
8%
Juvenile Marshals
3%
Juvenile
Assessment
Center
8%
nonce Officers
81% 12
Crime Control & Preve" n District Fiscal Issues
• Funding for 50 Officers
• Continuation of Juvenile Assessment Center/
Juvenile Marshals Programs
• Continuation of Pawn Shop Detail Program on
a Year to Year Basis
13
i
w
N
O
Focus on the Horizon
14
Other Special Rev*Ie Funds Revenues
Bus.&Ji
Deu.
29%
Other
1%
RIZ #1 Taxes
Arena Sales
Tax
30%
#2 Taxes
3%
Seawall Sales
Tax
29%
15
�Cri
Other Special Reve "� - Funds Expenditures
Comm. Enrich.
5%
Business
W
Incentives
N
N
11%
Baseball Stadium
Reserve
16%
TIF #1 Debt
Other Service
8% 9%
Arena Debt
Service
24%
Seawall Debt
Service
22%
.ffordable
Housing
4%
ire
Other Special Reve "a Funds Fiscal Issues
• Sale of Arena & Initial Packery Channel (RIZ
#2) Debt in Current Fiscal Year
• Expiration of RIZ #1 -12,/04
W
N
W
• Full Year of Funding for Proposition 2 (Business
& Jobs Sales Tax)
• Baseball Stadium
• Affordable Housing
• Business Incentive Programs for Creation of Primary
Jobs 17
Focus on the Horizon
M
Internal Service" d Expenditures
Internal service funds support other City operations on a
cost basis.
Eng. Services
6%
Stores
5%
MIS
15%
Maintenance
Services
26%
Risk Mgmt.
48%
19
Internal Servictnd Fiscal Issues
Overall, Combined Increase in Expenditures of $337,631
for all Internal Service Funds.
• Risk Management Fund -
■ Rising PropertyJLiabi7ify, Workers Comp. and Group
Health Insurance Costs
N • Maintenance Services Fund -
■ Match for Skate Park
■ Higher Fuel & Parts Costs
• MIS Fund -
■ Phase I of Call Center
■ Transfer of Technical Support Staff Existing in Other
Funds
20
W
N
V
Focus on the Horizon
21
Combined Gen Long Term Debt
Millions ■ Principal ❑ Interest
$31
$26
$21
W
N
CIO $16
$11
M
$1
O O O O O O O O O O O O O O O O O N N N
W 4�1
A CA a J
22
Combined Utility S" s m Long Term Debt
1VHllions
$30
$25
w
$20
N
$15
$10
$5
$0
D Principal 0 Interest
131 111 Oil 021 qj 121
N N N N N N N N N N N N N N N N N N N
O O O O O O O O O O O O O O O O O O O
O O O O O O �+ �+ i-+ ►+ I-+ b+ F4 t+ Iz N N N
A V1 O� J 00 �D O t+ N W A 011 V� 01 J 00 N
23
Debt Servi*iscal Issues
• Declining General Debt Beginning FY2007-08
• Bond 2004 & FY2003-04 Capital Budget-
Utility
udge
Utility Improvements Funded by Commercial
Paper Program & Revenue Bonds
• Pending Baseball Stadium and Packery Channel
Issues in FY2003-04
24
b,
"
Balance chedule
- July 151h
• 1St Reading of Adoption Ordinance
W - July 22nd
• 2nd Reading of Adoption Ordinance
25
Focus on the Horizon
26
PEI
CITY COUNCIL
MEMORANDUM
July 8, 2003
AGENDA ITEM:
Public Hearing on Proposed FY 2003-04 Operating Budget
ISSUE:
Section 102.006 (a) 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 taxpayer of the municipality may attend and may participate in the
hearing.
REQUIRED COUNCIL ACTION:
Conduct the public hearing.
-335-
Marlon e- I
Executive Director of Support Services
29
6-27-223 5:27AM FROM ?LANNING 512 882 35y2 P_2
.lull e� Cuuu 1t21SFm HHUL HULLtn 512-891-5139 p,1
Paul Holden
762 Oakdale Drive
Austin, TX 78745
flce (512) 891-6130
Fax (512) 891-6139
Cell(512)970-8250
E,AC§IMILE COYER LETTER
DATE: Jude 24, 2003 � 'Z4.
w
TO: FARYCE MACON
FAX # 361-826-3590
NUMBER OF PAGES(including cover sheet):
-339-
6-27-203 9:28AM FROM PLANNING S12 880 3S90 P 3
JUN 2b 2000 18:1bpM HHUL HU�UEM b12 -e91-9139 p.2
y
June 25, 2003
Mayor and City Council
C/o Faryce Macon
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469
Re: Case 7_0503-07
PAUL HOLDEN
Sent ilia Facsimile 361826-3590
Dear Mayor and City Council Members:
Please be advised that due to circumstances beyond our control, we are requesting that the
zoning case referenced above be tabled at this given time. We would kike for the case to be
presented to the City Council on August 12, 2003.
Thank you for your consideration. If you have any questions or comment, please contact my
office.
Cordi
l'o
Paul Holden
C: R.C. Allen
Jeff Spicer
762 Oakdale Drive
Offlee: 512!691-6130
e-mail: phoiden®aastin rrxom
-340-
Austin, TX 79743
Fax: 512t891-6139
AGENDA MEMORANDUM
PUBLIC HEARING — ZONING (City Council Action Date: July 8, 2003)
Case No.: 0503-07, Texas Pinkots Housing, L. P.: A change of zoning from a 1-2" Light Industrial
District to "R-2" Multiple Dwelling Dis tct on Mid -Town Industrial District, Block 2, Lot 42R, located between
Bear Lane, Brownsville Road, and SoutliNavigation Boulevard.
Plannine Commission's Recommendation (05/21/03): Approval.
Staff's Recommendation (05/21V03): Denial
Requested Council Action: Approval of the "R-2" District and adoption of the attached ordinance.
Purpose of Request: To develop an apa}tment complex with 128 units.
Summary: The applicant has requested) a change of zoning from an "I-2" Light Industrial District to a "R-2"
Multiple Dwelling District to allow for an 128 unit multi -family complex. The 1-2" District does not allow for
dwellings other than for a caretaker facility. The subject site is a 13.316 -acre tract that is presently undeveloped.
The applicant has indicated that the proposed complex would be developed under the housing tax -credit program for
working families. The total development will consist of 131,200 square feet of two-story garden style apartments
with porches, patios and balconies. Amenities will include, a swimming pool, a community room, children's play
area and a laundry facility.
To the north, across Bear Lane is undeveloped property and a landscaping company zoned with a "I-2" District.
Further northwest is an undeveloped tract zoned with a "B-1" District and Village on the Green, a single-family
and multi -family development zoned with an "A-1"/CUP District. The "A-1"/CUP District is an apartment house
classification with a community unit plan overlay designation that is no longer available within the current zoning
ordinance. Along the south area of the subject property, across Old Brownsville Road, is the city golf course and a
public utility station within a "R-113" District. To the east, across Bear Lane is an "I-2" District that is primarily
undeveloped with the exception of a day care center and a public agency. A convenience store and a distribution
company are within an "I-2" District, west of the subject property, across South Navigation Boulevard.
The subject property is bounded to the north and west by two rural arterial roadways, Bear Lane and South
Navigation Boulevard, and one arterial, Old Brownsville Road. Traffic generated from the proposed multi -family
use is estimated at 828 average weekday vehicles trip ends per day. Such traffic could be accommodated by the
adjacent street systems. However, the comprehensive plan does not support residential development in proximity to
industrial zoning and/or uses. The subject property is surrounding by industrial zoning on two (2) predominate sides
of the site. The Westside Area Development Plan's future land use trap recommends the area to maintain its
industrial classification. The requested "R-2" District is inconsistent with the Plan.
Applicant's Position: The applicant concurs with Planning Commission's recommendation
Notification: Prior to the date of this memorandum, thirteen notices were mailed to the property owners within a
200 -foot radius, of which one (1) was returned in favor and none in opposition. This case is considered
controversial.
t�
ichae . Gu ng, AICP
Assistant Director of Development Services/
Director of Planning
MG/FGM/er
—341—
Agenda Memorandum
July 8, 2003
Case No. 0503-07 (Texas Pinkus Housing, L. P.)
Page 2
Attachments:
1)
Zoning Report
2)
Comments Received
3)
Planning Commission Minutes
4)
Ordinance
H:\PLN-DIR\ERMA\WORD\AGENDMEM\0503-07AGENDAMEMO.DOC
-342-
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Description/Location:
CITY COUNCIL
ZONING REPORT
0503-07
May 21, 2003
J14C
Texas Pinkus Housing, LP
Mid -Town Industrial District, Block 2, Lot 42R, located between Bear Lane, Old Brownsville Road,
and South Navigation Boulevard.
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
Current Use of Property:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adjacent Zoning:
13.316 acres
Same as above.
"1-2" Light Industrial District
"R-2" Multiple Dwelling District
Undeveloped land.
Apartment complex with 128 units.
Not applicable.
North— "B-1"Neighborhood Business District and "A-1/CUP" Apartment House
District with a Community Unit Plan
South — "R-1 B" One -family Dwelling District
East, West — `7-2" Light Industrial District
-343-
Zoning Report
Case No. 0503-07 (Texas Pinkus Housing L. P.)
Page 2
Adiacent Land Use:
North - (across Bear Lane) Unde eloped land, landscape facility and public utilities.
South - (across Old Brownsville goad) Undeveloped land, city golf course, public utilities and
childcare center.
East - (across Old Brownsvilleoad) City golf course and public utilities.
West -(across South Navigationtoad) Convenience store, distributor company and undeveloped
land.
Number of Residential Units Allowed:
1-2" - Permanent or temporary housing or lodging is not permitted except for caretaker's quarters.
"R-2" - 193 units (14.52 dwelling units per acre on 13.316 acres)
Estimated Traffic Generation:
Multiple Dwellings - 6.47 average weekday vehicle trip ends per dwelling unit x 193 units =1,248
average weekday vehicle trip ends.
Multiple Dwellings - 6.47 average weekday vehicle trip ends per dwelling unit x 128 units =828
average weekday vehicle trip ends.
General light industrial - 51.80 average weekday vehicle trip ends per acre x13.316 acres = 689
average weekday vehicle trip ends.
Adiacent Streets/Classification:
a) Bear Lane - rural arterial.
b) South Navigation Boulevard - rural arterial.
C) Old Brownsville Road - arterial.
Right -of -Way Design
Current:
a) 70 -foot right-of-way with a 21 -foot paved section.
b) 70 -foot right-of-way with a 21 -foot paved section.
C) 130 -foot right-of-way with a 79 -foot back-to-back paved section and a 16 -foot wide median.
—344—
Zoning Report
Case No. 0503-07 (Texas Pinkus Housing, L. P.)
Page 3
Planned:
a) 95 -foot right-of-way with a O -foot back-to-back paved section and a 14 -foot wide median.
b) 130 -foot right-of-way with a 79 -foot back-to-back paved section and a 16 -foot wide median.
C) Same as current.
Traffic Count (24-hour, weekday� non -directional):
a) 4,350 vehicles per day.
b) 10,080 vehicles per day.
C) 18,270 vehicles per day.
Zoning History of Property:
There has not been any rezoning of the property within the past five- (5) years.
Recent Surrounding Zoning Casm
Midtown -Industrial District, Block 1, Lots 62, 63 and 64 pending a zoning change from "I-2"
District to "R-2" District for a 140 unit apartment complex. The case is schedule before City Council
on June 10, 2003.
In July 2002, a portion of Block I southwest of the subject property, located in 100 South Padre
Subdivision and abutting South Enterprize Parkway, was rezoned from "I-2" to "134" for group
housing.
Planning Staff Analysis:
General Characteristics and Background: The applicant has requested a change of zoning
from an "I-2" Light Industrial District to a "R-2" Multiple Dwelling District to allow for an
128 unit multi -family complex. The "I-2" District does not allow for dwellings other than for
a caretaker facility. The subject site is a 13.316 -acre tract that is presently undeveloped. The
applicant has indicated that the proposed complex would be developed under the housing
tax -credit program for working families. The total development will consist of 131,200
square feet of two-story garden style apartments with porches, patios and balconies.
Amenities will include, a swimming pool, a community room, children's play area and a
laundry facility.
To the north, across Bear Lane is undeveloped property and a landscaping company zoned
with a 1-2" District. Further northwest is an undeveloped tract zoned with a `B-1" District
and Village on the Green, a single-family and multi -family development zoned with an
"A -]"/CUP District. The "A -]"/CUP District is an apartment house classification with a
conimunity unit plan overlay designation that is no longer available within the current zoning
-345-
Zoning Report
Case No. 0503-07 (Teras Pinkus Housing, L. P.)
Page 4
ordinance. Along the south area of the subject property, across Old Brownsville Road, is the
city golf course and a public utility station within a "R-1 B" District. To the east, across Bear
Lane is an "I-2" District that is primarily undeveloped with the exception of day care center
and a public agency. A convenience store and a distribution company are within an "1-2"
District, west of the subject property, across South Navigation Boulevard.
The subject property is bounded to the north and west by two rural arterial roadways, Bear
Lane and South Navigation Boulevard, and one arterial, Old Brownsville Road. Traffic
generated from the proposed multi -family use is estimated at 828 average weekday vehicles
trip ends per day. Such traffic could be accommodated by the adjacent street systems.
However, the comprehensive plan does not support residential development in proximity to
industrial zoning and/or uses. The subject property is surrounding by industrial zoning on
two (2) predominate sides of the site. The Westside Area Development Plan's future land
use map recommends the area to maintain its industrial classification. The requested "R-2"
District is inconsistent with the Plan.
Potential Housing Densiri: The 1-2" District does not permit any permanent or temporary
housing or lodging, except for a caretaker's quarters. A "R-2" District permits a density of
14.52 dwelling units per acre or 193 units or 128 units(per the applicant's proposal) on
13.316 acres on the subject property.
HeiRbtBUlk/Setbacks/Eic.: The "1-2" District requires a front yard setback of twenty (20) feet
and no required side or rear yard setback unless adjacent to a residential district where a
setback often (10) feet is required from that residential adjacency. The subject property does
not have residential adjacency. The `9-2" District does not limit building heights. Building
heights in the "R-2" District are limited to 45 feet not to exceed three (3) stories. A "R-2"
District requires a front yard setback of twenty (20) feet with a side and rear yard setback five
(5) feet each for single-family and duplex uses and ten (10) feet each for the first floor plus
five (5) feet for each additional floor for multiple -family uses.
Signage: Wall and freestanding signs in the 1-2" District are unlimited provided the signs
are located behind the front yard. If a freestanding sign is located within the required front
yard of twenty (20) feet, the sign is limited to one sign per street frontage with a sign area of
forty (40) square feet and a height of 25 feet. The 1-2" District also permits off -premise
signs (billboards). The "R-2" District is limited to one (1) thirty (30) square feet
identification sign.
Traffic: The subject property has direct access to two (2) rural arterial roadways and one (1)
arterial. The amount of traffic generated by the multiple dwelling complex is estimated at
828 vehicle trip ends per day. Such traffic could be accommodated by the existing street
systems.
—346—
Zoning Report
Case No. 0503-07 (Texas Pinkus Housing, IL. P.)
Page 5
Parking/Screening: One and one-half parking spaces are required for every unit with one (1)
bedroom. Units with two () or more bedrooms are required two (2) parking spaces. An
industrial use is required to ovide off-street parking at a rate of one parking space for every
three- (3) employees. A standard screening fence is not required for residential development.
Pros: (Ideas in support of the request.)
a) The subject property has direct access to two (2) rural arterial roadways and one (1) arterial.
b) Multi -family development exists northwest of the subject property.
Cons: (Ideas in support of maintaining the current zoning.)
a) The Westside Area Development Plan's future land use map recommends the area develop
as light industrial.
b) The Comprehensive Plan does not support residential development in proximity to industrial
zoning/uses.
Staff Recommendation: Denial
Attachments: Zoning Map
PLN-DIR\ERMAAWORDAZONRPTS\2003A0503-07CCREPORT. DOC
—347—
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-348-
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CASE Z0503-07
-348-
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0503-07
Texas Pinkus Housing, L. P.
• FAVOR
X - OPPOSED
(Note: The listed numbers correspond to the attached map.)
I. Notices returned from within the 200 -foot notification area:
Favor:
9) Edmond J. Ford, Jr., 4225 Avalon
No written comment.
Opposition: None.
Il. Responses received from outside the 200 -foot notification area:
Favor: None.
Opposition: None.
III. Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
H \PLN-DIR\ERMA\WORD\COMMDATA\0503-07COMMLNTS.doc
-349-
Planning Commission Minutes
May 21, 2003
Texas Pinkus Housing, L. P.: 0503-07
REQUEST: "1-2" Light Industrial District to "12-2" Multiple Dwelling District on
property described as Mid -Town Industrial District, Block 2, Lot 42R,
located between Bear Lane, Old Brownsville Road, and South Navigation
Boulevard.
Ms. Goode -Macon provided a computerized slide illustration of the subject property and
the surrounding area. The applicant has requested a change of zoning from an "I-2" Light
Industrial District to a "R-2" Multiple Dwelling District to allow for an 128 unit multi -family
complex. The "1-2" District does not allow for dwellings other than for a caretaker facility. The
subject site is a 13.316 -acre tract that is presently undeveloped. The applicant has indicated that
the proposed complex would be developed under the housing tax -credit program for working
families. The total development will consist of 131,200 square feet of two-story garden style
apartments with porches, patios and balconies. Amenities will include, a swimming pool, a
community room, children's play area and a laundry facility.
To the north, across Bear Lane is undeveloped property and a landscaping company
zoned with a 1-2" District. Further northwest is an undeveloped tract zoned with a `B-1"
District and Village on the Green, a single-family and multi -family development zoned with an
"A-1"/CUP District. The "A-1"/CUP District is an apartment house classification with a
community unit plan overlay designation that is no longer available within the current zoning
ordinance. Along the south area of the subject property, across Old Brownsville Road, is the city
golf course and a public utility station within a "RAB" District. To the east, across Bear Lane is
an 1-2" District that is primarily undeveloped with the exception of a day care center and a
public agency. A convenience store and a distribution company are within an "I-2" District,
west of the subject property, across South Navigation Boulevard.
The subject property is bounded to the north and west by two rural arterial roadways,
Bear Lane and South Navigation Boulevard, and one arterial, Old Brownsville Road. Traffic
generated from the proposed multi -family use is estimated at 828 average weekday vehicles trip
ends per day. Such traffic could be accommodated by the adjacent street systems. However, the
comprehensive plan does not support residential development in proximity to industrial zoning
and/or uses. The subject property is surrounding by industrial zoning on two (2) predominate
sides of the site. The Westside Area Development Plan's future land use map recommends the
area to maintain its industrial classification. The requested "R-2" District is inconsistent with the
Plan. Therefore, Staff recommends denial of the rezoning request.
There were 13 notices mailed to property owners within a 200 -foot radius of which one
(1) was returned in favor and none (0) were returned in opposition
Ms. Goode -Macon reminded the Commission of the request to change the 1-2" District
property west of the subject property to an "R-2" District was pending before City Council.
—350—
Planning Commission Minutes
May 21, 2003
Case No. 0503-07 (Texas Pinkus Housing, L. P.
Page 2
Chairman Berlanga stated', that he would reiterate his previous comments regarding
development in this area as an "R-�" District as opposed to "I-2" District vacant land. He stated
he was in support of residential development for the area since industrial development has not
occurred even thought the plan suggests industrial.
Public hearing was opened.
Paul Holden, 762 Spring 'Valley Drive, representing the applicant stated that he was
available for comment.
Public hearing was closed.
Motion by Zamora, seconded by Richter, to forward a recommendation for approval.
Motion passed unanimously.
Motion by Pusley, seconded by Stone, to direct staff to create a buffer between the "R-
MB" District and the "I-2" District. Motion passed unanimously.
Guadalupe Martinez, 105 Greengate, stated that he was opposed to the rezoning. He
stated that it is a high crime area because of the apartments in the area. Mr. Martinez expressed
concern with not being notified of the hearing and questioned the 200 -foot radius. Staff stated the
property owners of undeveloped as well as developed properties were notified when within the
200 -foot radius. Property ownership is derived from the tax records of Nueces County.
Chairman Berlanga also reiterated information regarding notification laws.
—351—
30
AGENDA MEMORANDUM
PUBLIC HEARING — ZONING (City Council Action Date: July 8, 2003)
Case No.: 0503-06 Gene Grah m/Oak Properties: A change of zoning from a "R-113" One -family
Dwelling District to a "RE" Residential state District on Flour Bluff and Encinal Farm and Garden Tracts, being
25.56 acres out of a 76.07 acre tract of I ots 29 through 32, Section 48, located north of Don Patricio Road, south
of Meeks Road, and east of Flour Bluff rive.
Approval.
Requested Council Action: App(oval of the "RE" District and adoption of the attached ordinance.
Purpose of Request: To develop a 20-1ot, single-family subdivision.
Summary: The applicant has requestedchange of zoning from a "R -1B" One -family Dwelling District to a "RE"
Residential Estate District in order to develop a single-family subdivision on one (1) acre lots. Development of the
subject property is the fust phase of a two phase project. Twenty (20) one (1) acre lots are planned during the first
phase of development on the 25.56 acre tract. Residential structures proposed for the property will vary from one
(1) to two (2) stories with a minimum area of 1,800 square feet. Phase two of the project, with approved rezoning,
will consist of 20 one (1) acre single-family lots west of the subject property. The proposed development will have
direct access to Don Patricio Road, a rural collector and Meeks Road a rural local street. It is estimated that the
proposed twenty -lot subdivision could generate 250 daily trip ends. Such trip ends could possibly impede traffic
along the rural roadways of Don Patricio Road and Meeks Road. However, the Transportation Plan recommends
Don Patricio Road to be improved to a collector.
Large lot development is permitted in the existing "R-113" District, except that curbs, gutters and sidewalks would
be required. It is the developer's intent to create a rural atmosphere that does not contain the aforementioned
improvements. Overall, the Comprehensive Plan Elements can be supportive of the requested "RE" District. The
Flour Bluff Area Development Plan recommends the area to develop with low-density single-family development
which is accomplished through the "RE" District. The requested "RE" District is consistent with the Plan's
recommended land use and the proposed district permits one dwelling unit per acre.
Applicant's Position: The applicant concurs with Planning Commission and Staffs recommendation
Notification: Prior to the date of this memorandum, twenty-three notices were mailed to the property owners within
a 200 -foot radius, of which one (1) was returned in favor and three (3) were returned in opposition. This case is
considered controversial with 27.25% of the notification area being in opposition. The 20% rule is in effect at
the City Council hearing. �-
Michael bI. Gumm�g, AICP
Assistant Director of Development Services/
Director of Planning
MG/FGM/er
Attachments:
1) Zoning Report
2) Comments Received
3) Planning Commission Minutes
4) Ordinance
PLN-DIR\ERM A\ W ORD\AGENDM EM\0503-06AGENDAMEMO.DOC
—355—
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Description/Location:
CITY COUNCIL
ZONING REPORT
0503-06
May 21, 2003
G18C
Gene Graham/Oak Properties
Flour Bluff and Encinal Farm and Garden Tracts, being 25.56 acres out of a 76.07 acre tract of Lots
29 through 32, Section 48, located north of Don Patricio Road, south of Meeks Road, and east of
Flour Bluff Drive.
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
Current Use of Property:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adiacent Zoning:
25.56 acres
Same as above.
"R -IB" One -family Dwelling District
"RE" Residential Estate District
Vacant land.
To develop a 20 -lot, single-family subdivision.
Not applicable.
All directions - "R-1 B" One -family Dwelling District
Adiacent Land Use:
All directions — Undeveloped lots and tracts and single-family residences.
-356-
Zoning Report
Case No. 0503-06 (Gene Graham/Oak Prol)erties)
Page 2
Number of Residential Units Allowed:
"R-113" — 185 units (7.26 dwelling units per acre on 25.56 acres)
"RE" — 25 units (1 dwelling unit per acre on 25.56 acres)
Estimated Traffic Generation:
Single-family residential — 10 averz ge weekday vehicle trip ends per dwelling unit x 185
units = 1,850 average weekday vehicle trip ends.
Single-family residential — 10 aver ge weekday vehicle trip ends per dwelling unit x 25
units = 250 average weekday vehic e trip ends.
Adjacent Streets/Classification:
a) Don Patricio Road — rural collector.
b) Meeks Road — rural local.
Rieht-of-Way Design
Current:
a) 40 -foot right-of-way with a,20 -foot wide rural paved section.
b) 40 -foot right-of-way with an 18 -foot wide rural paved section.
Planned:
a) 75 -foot right-of-way with a 50 -foot back-to-back paved section.
b) 50 -foot right-of-way with a 28 -foot paved section.
Traffic Count (24-hour, weekdal, non -directional):
a) Not available.
b) Not available.
Zoning History of Property:
There has been no rezoning activity within the past five (5) years.
Recent Surrounding Zoning Cases:
There has been no rezoning activity in the area within the past five (5) years.
—357—
dwelling
dwelling
Zoning Report
Case No. 0503-06 (Gene Graham/Oak Prdperties)
Page 3
Plannine Staff Analysis:
General Characteristics and Background: The applicant has requested a change of zoning
from a "R -1B" One -family Dwelling District to a "RE" Residential Estate District in order
to develop a single-family subdivision on one (1) acre lots. Development of the subject
property is the first phase of a two phase project. Twenty (20) one (1) acre lots are planned
during the first phase of development on the 25.56 acre tract. Residential structures proposed
for the property will vary from one (1) to two (2) stories with a minimum area of 1,800
square feet. Phase two of the project, with approved rezoning, will consist of 20 one (1)
acre single-family lots west of the subject property. The proposed development will have
direct access to Don Patricio Road, a rural collector and Meeks Road a rural local street. It
is estimated that the proposed twenty (20) lot subdivision could generate 250 daily trip ends.
Such trip ends could possibly impede traffic along the rural roadways of Don Patricio Road
and Meeks Road. However, the Transportation Plan recommends Don Patricio Road to be
improved to a collector.
Large lot development is permitted in the existing "R-113" District, except that curbs, gutters
and sidewalks would be required. It is the developer's intent to create a rural atmosphere that
does not contain the aforementioned improvements. Overall, the Comprehensive Plan
Elements can be supportive of the requested "RE" District. The Flour Bluff Area
Development Plan recommends the area to develop with low-density single-family
development which is accomplished through the "RE" District. The requested "RE" District
is consistent with the Plan's recommended land use and the proposed district permits one
dwelling unit per acre.
Potential Housing Density: The "R-113" District permits a density of 7.26 dwelling units per
acre or 185 units on the subject property. The proposed "RE" District permits a density of
I unit per acre or twenty-five (25) units on the subject property.
Height/Bulk/Setbacks/Etc.: The "R-113" District requires a front yard setback of not less than
25 feet and a side and rear yard setback of not less than five (5) feet each. The "RE" District
requires a front yard setback of fifty (50) feet and a side and rear yard setback of 25 feet each.
Buildings in both districts are permitted to have a height of 35 feet, not to exceed three (3)
stories.
Signage: Both, the "R-113" and "RE" Districts are permitted one wall sign with an area not
to exceed one square foot. Freestanding signs are not permitted.
Traffic: The proposed single-family development is estimated to generate approximately
250 daily trip ends. This amount of traffic accessing, a rural collector and a rural local street,
Don Patricio Road and Meeks Road, could impede traffic along its corridors. However, the
Transportation Plan recommends Don Patricio Road be improved to a collector.
—358—
Zoning Report
Case No. 0503-06 (Gene Graham/Oak Prdperties)
Page 4
Pros: (Ideas in support of the requ:est.)
a) The requested "RE" Distrigt is consistent with the adopted Flour Bluff Area Development
Plan's recommended land use.
Cons: (Ideas in support of maint+ing the current zoning.)
a) The development could impede traffic along the rural collector section of Don Patricio Road
and the rural local section Of Meeks Drive.
Staff Recommendation: Approval.
Attachments: Zoning Map
PLN -DI R\ERK4A\W ORD\7 ONRPTS\2003\0503-06CCREPORT. DOC
—359—
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Moy 8, 2003 — AS ® Subject property
■ -'I- �1 Owrrers within 200 feet listed on ottoched ownership list
CASE Z0503-06
-360-
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0503-06
Gine Graham/Oak Properties
• FAVOR
X OPPOSED
(Note: The listed numbers correspond to the attached map.)
I. Notices returned from withiii the 200 -foot notification area:
Favor:
10) Ruben Gonzales, 1909 Crestmont
No written comment,
Opposition:
16) Jason Poses, 1319 Graham Road
No written comment
17) Joe B. Poses, 966 Don Patricio Road
No written comment.
19) Nadine Grabowske, 1625 Meeks
"Don't want. Taxes are bad enough."
II. Responses received from outside the 200 -foot notification area:
Favor: None,
Opposition: None.
III. Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
H:\PLN-D IR\ERMA\WORD\COMM DATA\0503-06COM M ENTS.DOC
—361—
Planning Commission Minutes
May 21, 2003
Gene Graham/Oak Properties: 0503-06
REQUEST: "R -1B" One -family Dwelling District to "RE" Residential Estate District on
property described as Flour Bluff and Encinal Farm and Garden Tracts,
being 25.56 acres out of a 76.07 acre tract of Lots 29 through 32, Section 48,
located north of Don Patricio Road, south of Meeks Road, and east of Flour
Bluff Drive.
Ms. Goode -Macon presented a computerized slide illustration of the subject property and
the surrounding area. The applicant has requested a change of zoning from a "R-113" One -family
Dwelling District to a "RE" Residential Estate District in order to develop a single-family
subdivision on one (1) acre lots. Development of the subject property is the first phase of a two
phase project. Twenty (20) one (1) acre lots are planned during the first phase of development
on the 25.56 acre tract. Residential structures proposed for the property will vary from one (1)
to two (2) stories with a minimum area of 1,800 square feet. Phase two of the project, with
approved rezoning, will consist of 20 one (1) acre single-family lots west of the subject
property. The proposed development will have direct access to Don Patricio Road, a rural
collector and Meeks Road a rural local street. It is estimated that the proposed twenty (20) lot
subdivision could generate 250 daily trip ends. Such trip ends could possibly impede traffic
along the rural roadways of Don Patricio Road and Meeks Road. However, the Transportation
Plan recommends Don Patricio Road to be improved to a collector.
Large lot development is perrruitted in the existing "R-113" District, except that curbs, gutters
and sidewalks would be required. It is the developer's intent to create a rural atmosphere that
does not contain the aforementioned improvements. Overall, the Comprehensive Plan Elements
can be supportive of the requested "RE" District. The Flour Bluff Area Development Plan
recommends the area to develop with low-density single-family development which is
accomplished through the "RE" District. The requested "RE" District is consistent with the
Plan's recommended land use and the proposed district permits one dwelling unit per acre.
Therefore, Staff recommends approval of the rezoning request.
There were 23 notices mailed to property owners within a 200 -foot radius of which, 1 in
favor , 3 in opposition with 27.25% opposed.
Public hearing opened
Gene Graham, 13702 Primavera, stated that he would develop with "RE" District because
of the lack of sewer system in the area. He stated that he has developed other one -acre tract
properties in the area.
Rhonda Leonard, 342 Clearview Drive, stated that she was a realtor and was supportive
of the rezoning. The tax base would be feasible for the school.
Chairman Berlanga restated to Mr. Graham that at this point the 20% rule would be in
effect due to the 27.25% opposition. Mr. Graham stated that he was aware of it and would like
to proceed with the case to City Council.
—362—
Planning Commission Minutes
May 21, 2003
Case No. 0503-06 (Gene Graham/Oak Properties)
Page 2
Motion by Smith, seconded by Zamora, to approve the rezoning request. Motion passed
unanimously.
—363—
Page 1 of 3
►_121101 ZI 0121e12191A
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
GENE GRAHAM/OAK OROPERTIES, BY CHANGING THE ZONING
MAP IN REFERENCE TO 25.56 ACRES OF FLOUR BLUFF AND
ENCINAL FARM AND 'GARDEN TRACTS, SECTION 48, LOTS 29
THROUGH 32, FROM "k-113" ONE -FAMILY DWELLING DISTRICT TO
"RE" RESIDENTIAL ESTATE DISTRICT; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Gene Graham/Oak Properties for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
May 21, 2003, during a meeting of the Planning Commission, and on Tuesday, July 8,
2003, during a meeting of the City Council, in the Council Chambers, at City Hall, in the
City of Corpus Christi, during which all interested persons were allowed to appear and
be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 25.56 acres of Lots 29 through 32, Section 48,
Flour Bluff and Encinal Farm and Garden Tracts, located north of Don Patricio Road,
south of Meeks Road, and east of Flour Bluff Drive, from "R -1B" One -family Dwelling
District to "RE" Residential Estate District (Map G18C), as shown and described in
Exhibit A.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
\\CLSTRt USERS2 SERVER\USERS2\LEG-DIR\JOSEPH\ZONING\0503-06REGULAR. DOC
-364-
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shll be made in the official publication of the City of
Corpus Christi as required by theCity Charter of the City of Corpus Christi.
SECTION 7. That upon written quest of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 8F" clay of July, 2003.
ATTEST:
Armando Chapa
City Secretary
APPROVED/� / 2003
�-
Joseph H rney
Assistant City Attorney
For City Attorney
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
H:\LEG-DI R\JOSEPH\ZON I NG\0503-06REG U LAR. DOC
-365-
Page 3 of 3
Corpus Christi, Texas
day of 2003
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the mergency clause of the foregoing ordinance, an
emergency exists requiring sus ension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and r ass this ordinance finally on the date it is introduced, or
at the present meeting of the Ci y Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
William Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H ALEG-DI RUOS EPH\ZON I NG\0503-06REGU LAR. DOC
-366-
6-19-283 11:52AM FROM PLANNING 512 880 3590 P,2
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uRBaN
ENGINEERING
Job No. 37407A100
January is. 2002
(361)854-3101 P.O. BOX 6P55Pr0000ed0 )2-E�IZorun 78466-6355 FAX (361)854-6001
STATE OF TEXAS '.
COUNTY OFNUECES Case; 0503-06
Ficldnotes a 25.56 acre tract of land being 1 of Lot 29 and a portion of Lot 30, Section 48, Flour Bluff and Encinal Farm and
Garden Tracts, a map of which is recorded in Volum "A", Pages 41 thru 43, Map Records of Nuceca County, Texas; said 25.56 acre tract
being mote fully described as follows:
Beginning at a point on the centerline of D Patricio Road for the west comer of Lot 28, Section 48, said Flour Bluff and Encinal
Farm and Garden Tracts, for the south comer of said of 29, Section 48 and for the south comer of this tract;
Thence, North 61°0 1'50" West, with the centerline of said Don Patricio Road, same being the southwest boundary of said Lot 29
and of this tract, 660.00 feet for the south comer of Lot 30, Section 48, said Flour Bluff and Encina] Farm and Garden Tracts, for the west
comer of said Lot 29 and a comer of this tract;
Thence, North 2900'27" East, with the common boundary of said Lots 29 and 30, same being the southwesterly boundary of this
tract, at 20.00 feet pass the existing northeast boundary of Don Patricio Road, in all a total distance of 659.47 feet for an interior comer of this
tract;
tract,
Thence, North 61°03'33" West, continuing with the southwestcrty boundary of this tract, 367.81 feet for the west comer of this
Thence, North 28°55'38" East, with the no0liwest boundary of this tract, 299.63 feet for a comer of this tract;
Thence, North 29°39'59" East, continuing � the northwest boundary of this tract, 60.00 feet for a corner of this tract;
Thence, North 28955'38" East, continuing yvith the northwest boundary of this tract, 30032 feet to a point on the common boundary
of said Lot 30 and Lot 19, Section 48, said Flour Bluff and Encinal Farm and Garden Tracts, for the north corner of this tract;
Thenoc, South 61 ° 10'46" East, with the common boundary of said Lots 19 and 30, a distance of 37.96 feet for the south corner of a
tract described in Document No. 1998014921, Oficial Public Records of Nueces County, Texas, for the west comer of Lot 3, Mocks Placc, a
map of which is rccordcd in Volume, 31, Page 60, Map Records of Nueces County, Texas and for a comer of this tract;
Thence South 61°02'45" East, with the coramon boundary of said Lot 29, Section 48 and said Lot 3, Meeks Place, at 330.00 feet
pass the south comer of said Lot 3, Meeks Place, same being the west comer of Meeks Road, a public roadway described in Volume 1116,
Pages 101 to 105, Dead Records of Nueces County, Texas and continuing South 61002'45" East, with the northeast boundary of said Lot 29,
Section 48, at 360.00 feet piss the south comer of said Mocks Road, same being the west corner of Lot 4, W.E. Place, a map of which is
recorded in Volume 32, Page 27, Map Records of Niteces County, Tetras and continuing South 61002'45" East, with the common boundary
of said Lot 29, Section 48 and said Lot 4, W.E. Place, in all a total distance of 989.81 feet for the common corner of said Lot 4, Meeks Place,
of said Lots 28 and 29, Section 48 and of Lot 21, Section 48, said Flour Bluff and Enoinal Farm and Garden Tracts for the east corner of this
tract;
Thence, South 28°59'58" West, with the common boundary of said Lots 28 and 29, Section 48, same being the southeast boundary
of this tract, at 1299.60 feet pass the existing northeast boundary of Don Patricio Road, in all a total distance of 1319.60 feet to the Point of
Beginning and containing 25.56 acres of land.
Bearings based on the southeast right-of-way of Flour Bluff Drive, same being the northwest boundary of Conolly Subdivision, as
monumented on the ground and shown as North 29°00'00" East on the recorded map of Connoly Subdivision, a map of which is recorded in
Volume 42, Page 77, Map Records of Nueces County, Tetras..
Unless this Field Notes Deacription, including preamble, seal and signature, appears in its entirety, in its original form, surveyor
assumes no responsibility or liability for its accuracy.
KSA
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LAZAR, R.P.L. .
License No. 4909
c�suPao.tts7407wttuo)407001.M"iny f° da G,) 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404
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` VOL A. PGS. 41-43, M.R.N.C.T.
MAP TO ACCOMPANY
FIELDHOTES FOR A 25.56 ACRE TRACT OF LOUD BEING ALL OF LOT 29 AND A PORTION OF
LOT 30, SECTION 48, FLOUR BLUFF AND ENCINAL FARM AND CARDEN TRACTS, A MAP OF
WHICH IS RECORED 10 VOLUME "A', PACES 41 THRU 43, MAP RECORDS OF NUECES COUNTY,
PORTION OF LOT 19, SECTION 48
BLUFF h ENCENk FARM k GWEN TRACTS
VOL A, PCS. 41-43, M.R.N.C.T.
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FLOUR BLUFF R ETICINAL FARM h GAROFN TRACTS
VOL A POS. 41-43. M.R.N.C.T.
JOB NO. 37407x1.00
FURBA DATE: 1-15-02
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PUBLIC HEARING — ZONING (City Council Action Date: July 8, 2003)
Case No.: 0503-09 Daniel J. hornton & Robert J. Thornton: A change of zoning from a
"R -1B" One -family Dwelling District [ a "B-1" Neighborhood Business District on Don Patricio Subdivision,
Block A, Lots 1, 2, 3, 50, 51, and 52, to ted on the southwest comer of Don Patricio and Waldron Roads.
Approval.
Requested Council Action: Approval of the "B-1- District and adoption of the attached ordinance.
Purpose of Request: For self -serve car
Summary: The applicant has requested a
Neighborhood Business District in order
proposed as a one-story facility with app:
bays and one (1) mechanical room. The si
an arterial and three (3) fronting the uni
with Don Patricio Road, a rural collector
Ridgewood Drive are 110 feet in depth. "
was improved to a 4 -lane roadway with
Road it may be considered difficult to deN
hange of zoning from a "R -1B" One -family Dwelling District to a "B-1"
construct a self -serve car wash on 0.56 acre. The self -serve car wash is
ximately 2,800 square feet devoted to five (5) wash bays, five (5) detail
ject property consist of six (6) lots with three (3) fronting Waldron Road,
,proved Ridgewood Drive. Additionally, the subject property intersects
eet. Lots along Waldron Road have a depth of 75 feet while those along
,e reduction in the depth of the front lots occurred when Waldron Road
center tum lane. Due to the limited depth of the lots fronting Waldron
op such lots without the usage of the adjacent lots to the west.
North of the subject property, across Dor Patricio Road, is a multi -family use zoned with a "R-2" District. To the
south are vacant lots, nonconforming multi -family uses, and auto use zoned a "R -1B" District. Across Waldron
Road from the subject property are undeveloped tracts zoned a "B-1" District. Along the unimproved Ridgewood
Drive, west of the subject property, are vacant lots and a single-family residence that fronts Don Patricio Road.
Access to the subject property will primarily be along Waldron Road. Traffic generated by the proposed use is
minimal at 61 trips per day.
The Flour Bluff Area Development Plan's adopted future land use map recommends the area to develop with
business uses. Due to the limited depth of the lots along Waldron Road and the unimproved Ridgewood Drive to the
west, a change of zoning could be supporWd for the requested use.
Applicant's Position: The applicant conqurs with Planning Commission's recommendation
Notification: Prior to the date of this memorandum, twenty-six notices were mailed to the property owners within a
200 -foot radius, of which none were returped in favor or in opposif on. This case i considered noncontroversial.
Ate- X/h-
ael . Gunning`
Assistan hector of Development Services/
Director of Planning
MG/FGM/er
Attachments:
1) Zoning Report
2) Comments Received
3) Planning Commission Minutes
4) Ordinance
H:TLN-DIR\ERMA\W ORD\AGENDMEM\0503-09AGENDAMEMO.DOC
—371—
CITY COUNCIL
ZONING REPORT
Case No.: 0503-09
Planning Commission
Hearing Date: May 21, 2003
Map No.: G18D
Applicant: Daniel J. Thornton & Robert J. Thornton
Legal Description/Location:
Don Patricio Subdivision, Block A, Lots 1, 2, 3, 50, 51, and 52, located on the southwest comer of
Don Patricio and Waldron Roads.
Area of Request:
0.56 acre (24,480 square feet)
I.ot(s) Area:
Same as above.
Current Zoning:
"R-1 B" One -family Dwelling District
Request:
"B-1" Neighborhood Business District
Current Use of Property:
Vacant lots.
Purpose of Request:
Self -serve car wash.
Zoning Change Requested Due
to Notice of Violation:
Not applicable.
Adjacent Zoning:
North - "R -1B" One -family Dwelling
District and "R-2" Multiple -family Dwelling District
South, West - "R -1B" One -family Dwelling District
East - (across Waldron Road) "B-1"
Neighborhood Business District
-372-
Zoning Report
Case No. 0503-09 (Daniel J. Thornton & Rbert J. Thornton)
Page 2
Adjacent Land Use:
North
— Single-family and multi -f
South
—Vacant lots, multi -family
East
— (across Waldron Road) V
West
- Single-family residences ;
Number of Residential Units All
"R -IB"—
4 units (7.26 dwelling t
"B-1"
—20 units (36.30 dwelling
Estimated Traffic Generation:
ly residences.
dences and auto uses.
nt land and multi -family uses.
vacant lots.
per acre)
s per acre)
Car Wash — 22.00 average weekda� vehicle trip ends per 1,000 square feet of gross floor area x
2.800 square feet of gross floor area's= 61 average weekday vehicle trip ends.
Adiacent Streets/Classification:
a) Waldron Road — arterial
b) Don Patricio Road- rural collector
C) Ridgewood Drive —local
Rio,ht-of-Way Design
Current:
a) 100 -foot of right-of-way wiQh a 70 -foot back-to-back paved section.
b) 40 -foot of right-of-way with a 20 -foot back-to-back rural paved section.
C) Unimproved.
Planned:
a) Same as current.
b) 75 -foot of right-of-way with a 50 -foot back-to-back paved section.
C) 50 -foot of right-of-ti°ay with a 28 -foot back-to-back paved section.
Traffic Count (24-hour, weekda),2 non -directional):
a)
19,554 vehicles per day
b)
None available.
C)
None available.
—373—
Zoning Report
Case No. 0503-09 (Daniel J
Page 3
Thornton & R�bert J. Thornton)
Zoning History of Property:
There has been no rezoning activity W: ithin the past five (5) years.
Recent Surrounding Zoning Cases:
The has been no rezoning activity in the area within the past five (5) years.
Planning Staff Analysis:
General Characteristics and Packground: The applicant has requested a change of zoning
from a "RAB" One -family Dwelling District to a `B-1" Neighborhood Business District in
order to construct a self -serve car wash on 0.56 acre. The self -serve car wash is proposed
as a one-story facility with approximately 2,800 square feet devoted to five (5) wash bays,
five (5) detail bays and one (1) mechanical room. The subject property consist of six (6) lots
with three (3) fronting Waldron Road, an arterial and three (3) fronting the unimproved
Ridgewood Drive. Additionally, the subject property intersects with Don Patricio Road, a
rural collector street. Lots along Waldron Road have a depth of 75 feet while those along
Ridgewood Drive are 110 feet in depth. The reduction in the depth of the front lots occurred
when Waldron Road was improved to a 4 -lane roadway with a center turn lane. Due to the
limited depth of the lots fronting Waldron Road it may be considered difficult to develop
such lots without the usage of the adjacent lots to the west.
North of the subject property, across Don Patricio Road, is a multi -family use zoned with a
"R-2" District. To the south are vacant lots, nonconforming multi -family uses, and auto use
zoned a "R -1B" District. Across Waldron Road from the subject property are undeveloped
tracts zoned a "B-1" District. Along the wtimproved Ridgewood Drive, west of the subject
property, are vacant lots and a single-family residence that fronts Don Patricio Road. Access
to the subject property will primarily be along Waldron Road. Traffic generated by the
proposed use is minimal at 61 trips per day.
The Flour Bluff Area Development Plan's adopted future land use map recommends the area
to develop with business uses. Due to the limited depth of the lots along Waldron Road and
the unimproved Ridgewood Drive to the west, a change of zoning could be supported for the
requested use.
-374-
Zoning Report
Case No. 0503-09 (Daniel 1. Thornton & Rbbert J. Thomton)
Page 4
Potential Housing Density: Oe "R -1B" District permits a density of 7.26 dwelling units per
acre or four (4) units on the ubject property. A "B -l" District permits a density of 36.30
dwelling units per acre or 20 units on the subject property. The increase in density will not
adversely impact the adjacent street system.
Heieht/Bulk/Setbacks/Etc.: I he "R -IB" District requires a front yard setback of 25 feet with
a side and rear yard setback of five (5) feet each. A "B-1" District requires a front yard
setback of twenty (20) feet and no side or rear yard setback unless adjacent to a residential
district where a setback of ten (10) feet each would be required. If the rezoning were
approved, new construction on the subject property would be required to maintain a setback
of ten (10) feet along the south property lines. Both the "R -IB" and `B -I" Districts limit
the building height to 35 fee not to exceed three (3) stories.
Signage: Signs in the "R-113' District are limited to one wall sign with an area not to exceed
one square foot. The "B-1" District pen -nits unlimited wall signs and one freestanding sign
with an area of forty (40) sq are feet and a height of twenty (20) feet.
Traffic. The subject prope has direct access to an arterial, Waldron Road. The 61 vehicles
generated by the proposed ar wash will have minimal impact on the street system.
Screening: A standard screening fence with a height of not less than six (6) feet is required
when a business or industrial use locates adjacent to a residential district. The subject
property will be required to provide a standard screening fence along its south property line.
Pros: (Ideas in support of the requost.)
a) Approval of the "B-1" District on the subject property would be an expansion of the `B-1"
District on the south east corner of Waldron Road and Don Patricio Road.
Cons: (Ideas in support of maintaining the current zoning.)
a) Approval of the rezoning Gould initiate additional rezonings onto the adjacent "R -1B"
District properties to the south.
Staff Recommendation:
Attachments:
Approval
Zoning Map
PL N.DIR\ERMA\WORD\ZONRPTS\2003\0503-09CCRE1'ORT. DOC
—375—
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listed on attached ownership list
CASE Z0503-09
_376_
C�JMMENTS RECENED
FROM NOTICES MAILED
Case No. 0503-09
Daniel J Thornton & Robert j. Thornton
• -FAVOR
X - OPPOSED
(Note: The listed numbers
I. Notices returned from
II.
Favor: None.
Opposition: None.
Responses received from
to the attached map.)
the 200 -foot notification area:
the 200 -foot notification area:
Favor: None.!
Opposition: None.!
Responses received from ov�ners/applicants of subject area:
Favor: None.
Opposition: None.
H.\PLN- D IR\E RM AM 0 R-D\COM M DATA\0503-09COMM ENTS. DOC
—377—
Planning Commission Minutes
May 21, 2003
Daniel J. Thornton & Robert J. Thornton: 0503-09
REQUEST: "R -1B" One -family Dwelling District to "B-1" Neighborhood Business
District on property described as Don Patricio Subdivision, Block A, Lots 1,
2, 3, 50, 51, and 52, located on the southwest corner of Don Patricio and
Waldron Roads.
Ms. Goode -Macon presented a computerized slide illustration of the subject property and
the surrounding area. The applicant has requested a change of zoning from a "R -1B" One -family
Dwelling District to a "B-1" Neighborhood Business District in order to construct a self -serve
car wash on 0.56 acre. The self -serve car Wash is proposed as a one-story facility with
approximately 2,800 square feet devoted to five (5) wash bays, five (5) detail bays and one (1)
mechanical room. The subject property consist of six (6) lots with three (3) fronting Waldron
Road, an arterial and three (3) fronting the unimproved Ridgewood Drive. Additionally, the
subject property intersects with Don Patricio Road, a rural collector street. Lots along Waldron
Road have a depth of 75 feet while those along Ridgewood Drive are 110 feet in depth. The
reduction in the depth of the front lots occurred when Waldron Road was improved to a 4 -lane
roadway with a center turn lane. Due to the limited depth of the lots fronting Waldron Road it
may be considered difficult to develop such lots without the usage of the adjacent lots to the
west.
North of the subject property, across Don Patricio Road, is a multi -family use zoned with
a "R-2" District. To the south are vacant lots. nonconforming multi -family uses, and auto use
zoned a "R - IB" District. Across Waldron Road from the subject property are undeveloped tracts
zoned a "B-1" District. Along the unimproved Ridgewood Drive, west of the subject property,
are vacant lots and a single-family residence that fronts Don Patricio Road. Access to the
subject property will primarily be along Waldron Road. Traffic generated by the proposed use
is minimal at 61 trips per day.
The Flour Bluff Area Development Plan's adopted future land use map recommends the area
to develop with neighborhood business uses. However, single-family residential uses are usually
not encouraged or preferred along arterial roadways such as Waldron Road. Due to the limited
depth of the lots along Waldron Road and the unimproved Ridgewood Drive to the west, a
change of zoning could be supported if such lots are combined under one development plan.
Therefore, Staff recommends approval of the rezoning request.
There were 26 notices mailed to property owners within a 200 -foot radius of which none
were in opposition and none in favor.
Rhonda Leonard, 342 Clearview Drive, stated that she was in favor of the rezoning
request and stated that Waldron Road needed to be rezoned to a "B-1" District.
Motion by Amsler, seconded by Stone, to forward a recommendation for approval.
Motion passed unanimously.
—378—
AMENDING THE ZONING
DANIEL J. THORNTON &
THE ZONING MAP IN R
BLOCK A, LOTS 1, 2,
DWELLING DISTRICT
DISTRICT; AMENDING
FOR ANY DEVIATION
PLAN; PROVIDING F
EMERGENCY.
WHEREAS, the Planning Cor
recommendations concerning
for amendment to the City of
Page 1 of 3
AN ORDINANCE
ORDINANCE, UPON APPLICATION BY
ROBERT J. THORNTON BY CHANGING
RENCE TO DON PATRICIO SUBDIVISION,
50, 51 AND 52, FROM "R-1 B" ONE -FAMILY
TO "B-1" NEIGHBORHOOD BUSINESS
HE COMPREHENSIVE PLAN TO ACCOUNT
FROM THE EXISTING COMPREHENSIVE
R PUBLICATION; AND DECLARING AN
;sion has forwarded to the City Council its reports and
application of Daniel J. Thornton & Robert J. Thornton
us Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
May 21, 2003, during a meeting Of the Planning Commission, and on Tuesday, July 8,
2003, during a meeting of the City Council, in the Council Chambers, at City Hall, in the
City of Corpus Christi, during which all interested persons were allowed to appear and
be heard; and
WHEREAS, the City Council ha$ determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoningon Lots 1, 2, 3, 50, 51 and 52, Block A, Don Patricio
Subdivision, located on the southwest corner of Don Patricio and Waldron Road, from
"R-1 B" One -family Dwelling Dist(ict to "B-1" Neighborhood Business District. (Map
G18D)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
HALEG-DIRW OSEPH\ZON ING\0503-09ZONING REG. DOC
-379-
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written equest of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 8th day of July, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor, The City of Corpus Christi
APPROVED 2003
Joseph H rney
Assistant City Attorney
For City Attorney
H ALEG-DIRWOSEPH\ZON ING\0503-09ZONINGREG. DOC
Corpus Christi, Texas
day of 2003
TO THE MEMBERS OF THE C
Corpus Christi, Texas
For the reasons set forth in the
emergency exists requiring sus
voting upon ordinances at two
suspend said Charter rule and
at the present meeting of the C
Respectfully,
Council Members
Page 3 of 3
COUNCIL
\ergency clause of the foregoing ordinance, an
ision of the Charter rule as to consideration and
ular meetings. I/we, therefore, request that you
>s this ordinance finally on the date it is introduced, or
Council.
Respectfully,
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
The above ordinance was passed by the following vote:
Samuel L. Neal. Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
William Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:\LEG-DIR\JOSEPH\ZONING\0503-09ZONINGREG.DOC
-381-
32
CITY COUNCIL
NDA MEMORANDUM
City Council Action Date: July 8,2003
AGENDA ITEM: Zoning Ordina ce text amendment to the "B-5" Primary Business District,
"B-6" Primary Business Core Ditrict, and Article 22, Off-street Parking Regulations in order
to eliminate required off-street arking in the downtown area.
ISSUE:
Current regulations require the (provision of off-street parking in the downtown area for
residential development.
REQUIRED COUNCIL ACTION:
Approval of the proposed ZoningOrdinance text amendment to Article 17, "B-5' Primary
Business District, Article 18, "B-' Primary Business Core District and Article 22, Off-street
Parking Regulations and adopting the attached ordinance.
PREVIOUS COUNCIL ACTION(:
None.
FUNDING:
None.
CONCLUSION AND RECOMMENDATION:
Planning Commission and Staff recommend approval of the proposed Zoning Ordinance
text amendment to Article 17, "0-5" Primary Business District, Article 18, "B-6" Primary
Business Core District, and Article 22, Off-street Parking Regulations.
Michael N. Gunning, AICP
Director, Planning
Attachments:
Ordinance
Boundary Map of "B-5" and "B-6" Districts
H:\PLN-DIR\ERMA\ WORD\ZORD\ARTICLE5171$22PARKINGAGENDAMEMO.DOC
-385-
KGROUND INFORMATION
The Downtown Management Dstrict requested that the City review the off-street parking
requirements for the downtownarea. The current "B-6" Primary Core Business District
does not require any off-street parking except for dwelling units. The abutting "B-5"
Primary Business District requi�es off-street parking for all uses with some uses having a
reduced parking requirement.
Staff reviewed the parking req irements in Dallas, Fort Worth, Austin and San Antonio.
Dallas had reduced parking requirements while Austin, Fort Worth and San Antonio had
no off-street parking requirements for the central business district, including residential
uses. The aforementioned cities had reduced off -parking requirements for uses in the
abutting commercial district. The Downtown Management District has indicated that the
market and lenders will dictate the amount of off-street parking a project must provide.
On June 18, 2003, the Planning Commission held a public hearing unanimously voted to
recommend approval of the proposed text amendment.
H:\PLN-D1R\ERMA\WORD\ZORD\ARTICLES 170 822PARKINGAGENDAMEMO.DOC
-386-
AN ORDINANCE
AMENDING THE ZONIIS G ORDINANCE BY REVISING ARTICLE 17,
"B-5" PRIMARY BUSINESS DISTRICT, ARTICLE 18, "B-6" PRIMARY
BUSINESS CORE DUE TRICT, AND ARTICLE 22, OFF-STREET
PARKING REGULATIO S; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLI ATION.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning th amendment of the Zoning Ordinance of the City of
Corpus Christi;
WHEREAS, with proper notice t
June 18, 2003, during a meetinc
2003, for the first reading and oI
a meeting of the City Council, in
Corpus Christi, during which all
heard; and
the public, public hearings were held on Wednesday,
of the Planning Commission, and on Tuesday, July 8,
Tuesday, July 15, 2003, for the second reading, during
:he Council Chambers, at City Hall, in the City of
iterested persons were allowed to appear and be
WHEREAS, the City Council ha$ determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 17, "B-5" Primary Business District, to read as follows:
"ARTICLE 17. "B-5" PRIMARY BUSINESS DISTRICT REGULATIONS
Section 17-3 Parking Regulations. The parking regulations for permitted uses are
contained in Article 22, except for properties located east of U. S. Highway 18for properties located east of U. S. Highway 18
SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 18, "B-6" Primary Business Core District, to read as follows:
"ARTICLE 18. "B-6" PRIMARY BUSINESS CORE DISTRICT REGULATIONS
H:\LEG-DI RV OSEPH\ORD-PARKINGB5-B6.DOC
-387-
Section 18-3 Parking Regulat ons. There are no parking requirements in the "B-6"
Primary Business Core District for business uses. The parkiRg regulati9R6 f0
SECTION 3. That the Zoning O dinance of the City of Corpus Christi, Texas, is
amended by revising Article 22, Off -Street Parking Regulations, to read as follows:
"ARTICLE 22. OFF-STREET LARKING REGULATIONS
Section 22-2 Interpretation of the Chart:
22-2.01 There are no paking regulations for the "B-6" Primary Business Core
District Inas.
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time, except
as changed by this ordinance and any other ordinances adopted on this date, remain in
full force and effect.
SECTION 5. That to the extent1hat this amendment to the Zoning Ordinance
represents a deviation from the (Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 6. That any ordinance or part of any ordinance in conflict with this ordinance
is expressly repealed by this ordinance.
SECTION 7. The City Council intends that every section, paragraph, subdivision,
clause, phrase, word or provision hereof shall be given full force and effect for its
purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance is held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, that judgment shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance.
SECTION 8. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
H:\LEG-DIRWOSEPH\ORD-PARKINGB5-B6. DDC
3
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of 2003, by the following vote:
Samuel L. Neal, Jr. Bill Kelly
Brent Chesney Rex A. Kinnison
Henry Garrett
PASSED AND APPROVED, this the day of 12003.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor
Approved as to legal form _ i I 2003;
By: �,IJP I �,
Joseph H rney
Assistant City Attorney
For City Attorney
H:\LEG-DIRV OSEPH\ORD-PARKINGB5-B6. DOC
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
That the foregoing ordinance was read for the second time and passed finally on
this the day of
, 2003, by the following vote:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
PASSED AND APPROVED, this the day of 12003.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor
Approved as to legal form _ i I 2003;
By: �,IJP I �,
Joseph H rney
Assistant City Attorney
For City Attorney
H:\LEG-DIRV OSEPH\ORD-PARKINGB5-B6. DOC
WA
I
33
AG
TO: Mayor Neal and
FROM: Armando Chapa,
SUBJECT: Charter Revision
DATE: July 3, 2003
DA MEMORANDUM
Members
Secretary
During the city council retreat the city council discussed the possibility of a charter
amendment election in 2004 wit a process which would mirror the bond election calendar.
Staff is seeking direction on what process the council would like to follow. The council
could establish an ad hoc corn ittee or appoint a formal charter revision commission to
review the current charter andel current list of possible amendments, solicit suggested
amendments from the commu ity, and make recommendations to the city council for
placement on a future ballot. Toe ad hoc committee or commission could consist of:
• current city council,
• designated members off current and past city councils,
• city secretary,
• city attorney,
• city manager,
• other designated members of City staff,
• interested citizens
Attached is a draft calendar for your review should you decide to appoint a citizen's ad hoc
committee or commission.
A22 -
Armando Chapa
City Secretary
-393-
CI ARTER REVISION PROCESS
DRAFT CALENDAR
JUL `03 - SEP `03 APPOINT COMMITTEE CHAIR(S), MEMBERS, AND
DESIGNATE STAFF SUPPORT
SEP `03 - APR `04 COMMITTEE MEETINGS
APR `04 -MAY `04
COMMITTEE HELD PUBLIC HEARING ON
PROPOSED REVISIONS
MAY `04 - JUN `04
COMMITTEE RECOMMENDATIONS AND PUBLIC
COMMENTS PRESENTED TO THE COUNCIL
(REFINE RECOMMENDATIONS IF NECESSARY)
JUN `04 - JUL `04
CITY COUNCIL HELD PUBLIC HEARING ON
PROPOSED REVISIONS
AUG `04
FINALIZE RECOMMENDATIONS AND CALL
ELECTION
AUG `04 - OCT `04
PUBLIC INFORMATION EFFORT
NOV 02, 2004 ELECTION DAY
-394-
34
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: July 8, 2003
AGENDA ITEM:
Motion authorizing the negotiation of a one-year contract with four one-year renewal
options between the City of Corpus Christi and Humana to provide excess stop loss
insurance for the City's self-funded health benefit plan.
ISSUE:
The City of Corpus Christi's cu�rent contract for stop loss insurance will expire on July 31,
2003. A Request for Proposals (RFP) was issued on February 28, 2003. Proposals were
received on April 4, 2003. As 2 result of the evaluation of proposals received, Humana is
determined to be the best value for the City in providing these services.
REQUIRED COUNCIL ACTION:
Council approval of the motionuthorizing the negotiation of a one-year contract with four
one-year renewal options be een the City of Corpus Christi, Texas and Humana to
provide excess stop loss insur nce for the City's self-funded health benefit plan.
FUNDING:
Funding for this contract has been included in the proposed budget for Fiscal Year 2003-
2004.
RECOMMENDATION:
Staff recommends approval of the motion as presented.
�,. Lee Ann Dumbauld
Director of Financial Services
Attachments:
Background
Schedule A — Stop Loss Evaluation Criteria
Schedule B — Stop Loss Rankings
-397-
BACKGROUND
In the spring of 2002, the City
consultant, to assist in analyzin;
services including stop loss ins;
scheduled for City Council for th
all according to the schedule pre
RFP were received on April 4, 2
ROUND INFORMATION
etained McGriff, Seibels and Williams, Inc., to serve as health
its health benefits plans and to draft an RFP for health related
ance. The RFP was issued February 28, 2003, with selection
end of May, in time for the June/July annual re -enrollment process,
mted to City Council several times during 2002. Responses to the
in the Procurement Division.
On May 27, 2003, the City Coun�il approved all health related contracts with the exception of stop
loss. However, the Council discussed the potential purchase of the stop loss insurance as a possible
package purchase at great length] In order for the stop loss carriers to accurately provide costs for
coverage, the market requires the most up to date claims information possible. Therefore, it was
necessary to forward updated claims information to the proposers.
EVALUATION
Evaluation team members included Keith McNeely, Vice President ofMcGra- and the following City
staff. the Senior Purchasing Analyst, the Risk Manager, as well as the Human Resources Director,
Assistant Finance Director, MIS Assistant Director, and Risk Management Financial Analyst.
During the initial evaluation meeting, proposals were reviewed for responsiveness. The team
eliminated proposals for non -responsiveness to RFP requirements. The remaining proposals were
presented to the evaluation team and evaluated individually.
The evaluation team developed a matrix of the evaluation criteria. The evaluation criteria
components set forth in the RFP included: (1) experience with public entities 10%, (2) customer
service 201/o, (3) technology and management reporting 30%, and (4) cost 40% as shown in Schedule
A. The evaluation team reviewedeach proposal and completed the evaluation matrix. The resulting
matrix prioritized each vendor based on the point value assigned for each criterion component in the
evaluation matrix. Vendor rankings based on this scoring method are shown in Schedule B. During
this process the carriers were provided updated information on claims and were asked to review it for
possible impact to their original quoted cost. Once the vendors completed their review, one quote
remained the same, one increased by 7% and one decreased by 26.5%. Humana did not modify their
deductibles while the others did, Which would have dramatically increased expenses for the City. The
other proposers identified several individuals with large claims who would be covered at more than
twice the amount of the current deductible of $150,000. Consequently, those proposals could have a
potential impact to the City of an additional $1.4 million.
RECOMMENDATION
As a result of this evaluation, Humana is the highest ranking proposer for stop loss coverage in the
evaluation matrix. Therefore, City staff recommends City Council approval of a one year contract
with four one-year renewal options with Humana to provide excess stop loss insurance for the City's
self-funded health benefit plan.
I BI -0089-03
Opportunity Status: Critical
Schedule A
"Stop Loss"
Best Value Team Evaluation and Consensus
Supplier
Experience with Public
Customer Service
Technology and Reporting
Cost
Total
Entities
Weight
10%
20%
30%
40%
100%
1. Copy of most recent annual
1. How will plan enrollment assumptions
1. At the end of Year One, what open and
financial report and the annual
used In your proposal impact the quoted
unreported or IBNR reserve would you
financial reports of parent company.
fees if actual enrollment varies from your
suggest that the City be prepared to book?
/25%
assumptions?
_/100%
_/50%
2. Most recent A.M. Best, Standard
& Poor's, Weiss, and Moody's Rating
2. Please explain the 2003-2004 renewal
(if applicable)
rating methodology you will apply.
_750%..
75096.
3. Provide a copy of a specimen
contract
25%
Schedule B
CITY OF CORPUS CHRISTI
SUMMARY EVALUATION MATRIX
STOPLOSS
-400-
H mana
MedEx, INC.
ING
American Stop
Loss
Evaluation Criteria
Maximum
Points
Points
Points
Points
Points
warded
Awarded
Awarded
Awarded
Experience with
Public Entities
10 points
9.0
7.5
5.0
7.0
Customer Service
20 points
120.0
10.0
20.0
18.0
Technology and
Reporting
30 points
30.0
0.0
0.0
0.0
Cost
40 points
40.0
20.0
15.0
15.0
r7TOTAL9.0
37.5
40.0
40.0
-400-
City of
Corpus
Christi