HomeMy WebLinkAboutAgenda Packet City Council - 12/16/2003CITY COUNCIL AGENDA
DECEMBER 16, 2003
K "I
9:00 A.M. - Certificate of Commendation - Joey Jarreau
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
DECEMBER 16, 2003
9:00 A.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. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your
subject, please present it to the City Secretary.
Si ud. Desea dirigirse al Concifio y cree qua su ingl6s as limitado, habr3 un intdrprete ingl6s-espanol 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 Pastor Alston Kirk, Trinity Lutheran 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 Brent Chesney
Council Members:
Melody Cooper
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 December 9, 2003. (Attachment # 1)
Agenda
Regular Council Meeting
December 16, 2003
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2. Arts & Cultural Commission
* Community Youth Development (78415) Program Steering
Committee
* Corpus Christi Regional Economic Development
Corporation
* Electrical Advisory Committee
* North Padre Island Development Corporation
* Oil & Gas Advisory Committee
* Weed & Seed Advisory Committee
G. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
3. Executive session under Texas Government Code Section
551.071 regarding TCEQ Notice of Violation, Docket No. 2003-
1347 -MWD -E, Case No. 10113, with possible discussion and
action related thereto in open session.
4. Executive session under Texas Government Code Section
551.071 regarding Marcia S. West and Steven M. West vs. City
of Corpus Christi, Cause No. 02-3927-E, in the 148 th District
Court, Nueces County, Texas, with possible discussion and
action related thereto in open session.
5. Executive session under Texas Government Code Section
551.071 regarding potential legal issues related to the options for
operating the City's landfills, with possible discussion and action
related thereto in open session.
Agenda
Regular Council Meeting
December 16, 2003
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
6. 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, 107" District Court,
Cameron County, Texas; the remaining related claims of the City
of Corpus Christi against PGBE's successor GulfTerra Texas
Pipeline, L.P. and other entities; and similar claims of the City of
Corpus Christi against other similar entities, with possible
discussion and action related thereto in open session.
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 listed, may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance, ormay 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 forreconsideration and action on anyreconsidered
item.
CONSENT AGENDA
Notice to the Public
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 event 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 vote on all motions, resolutions and ordinances not
removed for individual consideration)
Agenda
Regular Council Meeting
December 16, 2003
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Motion approving the purchase of twenty-five vehicles consisting
of twenty-two pickup trucks and three cargo vans from the
following companies for the following amounts, in accordance
with Bid Invitation No. BI -0034-04, based on low bid and low bid
meeting specifications, for a total amount of $436,569. The
vehicles will be purchased for Maintenance Services, Municipal
Information Services, Neighborhood Services, Gas, Storm Water,
Water, Wastewater, and the Marina. Eighteen vehicles are
replacement units and seven are additions to the fleet. Funds are
available from the FY 2003 - 2004 Capital Outlay Fund.
(Attachment # 7)
Champion Ford Crosstown Ford Red McCombs Dodge
Corpus Christi, TX Corpus Christi, TX San Antonio, TX
Bid Items 2, 6, 7, 9, 12-14 Bid Items 1, 8, 10, 11 Bid Items 3-5
$140,063 $203,078 $93,428
Grand Total: $436,569
8.a. Ordinance appropriating $130,625 from the reserve for
Government Access Equipment and Facilities in the No. 1020
General Fund for Access Channel Equipment and Facilities; and
amending the Operating Budget adopted by Ordinance No.
025394 and to increase appropriations. (Attachment # 8)
8.b. Motion approving the purchase of audio video systems for the
City Hall Sixth Floor Conference Room, Council Chambers and
associated Executive Session Rooms from Visual Innovations
Company, Inc., of San Antonio, Texas in accordance with the
State of Texas Cooperative Purchasing Program for a total
amount of $115,939. Funds are available from the Time Warner
and ClearSource franchise agreement grant. (Attachment # 8)
Motion approving a supply agreement with Borden Milk Products,
LP, of Austin, Texas in accordance with the Coastal Bend Council
of Governments Bid Invitation No. CBCOG-04-2 for 152,000 half-
pint containers of low-fat milk, based on the recommended award
submitted by the Coastal Bend Council of Governments for an
estimated twelve-month expenditure of $28,880. The term of the
Agenda
Regular Council Meeting
December 16, 2003
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
agreement shall be for twelve 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 2003-2004. (Attachment # 9)
10. 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-
04-1 for food items which include canned and frozen fruit and
vegetables, meats and condiments for an estimated six month
expenditure of $93,444.33. 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 2003-2004. (Attachment # 10)
Ben E. Keith LaBatt Food Service
San Antonio, TX Corpus Christi, TX
40 Items 57 Items
$19,025.48 $29,454.20
PFG
Victoria, TX
46 Items
$41,341.32
Grand Total: $93,444.33
Sysco Food Service
San Antonio, Tx
18 Items
$3,623.33
11.a. Ordinance appropriating $125,708.40 from the No. 1020 General
Fund Municipal Court Technology Fee for lease of one Hewlett
Packard Server, four Dell Servers; and amending the FY 2003-
2004 Operating Budget adopted by Ordinance No. 025394 to
increase appropriations by $125,708.40. (Attachment # 11)
11.b. Motion authorizing the City Manager or his designee to lease a
Hewlett Packard RP7410 Server from Dataseek of San Antonio,
Texas, in the amount of $74,520 in accordance with the State's
Cooperative Purchasing Program. (Attachment# 11)
Agenda
Regular Council Meeting
December16,2003
Page 6
12.
13.a.
13.b.
14.
15.
Resolution authorizing the City Manager or his designee to submit
a grant application in the amount of $92,001 to the State of
Texas, Office of the Governor, Criminal Justice Division for
eligible funding under the Juvenile Accountability Incentive Block
Grant Program to fund a program to reduce juvenile delinquency,
improve the juvenile system, and increase accountability for
juvenile offenders; with a City match of $10,222 in the No. 1020
General Fund, for a total project cost of $102,224.
(Attachment # 12)
Motion authorizing the City Manager or his designee to accept
grant funding in the amount of $25,000 from the Texas
Department of Transportation foran Impaired Driving Mobilization
Selective Traffic Enfomement Project (STEP) grant for Ddving
While Intoxicated enforcement overtime within the Police
Department and to execute all related documents.
(Attachment # 13)
Ordinance appropriating a grant in the amount of $25,000 from
the Texas Department of Transportation for funding of an
Impaired Driving Mobilization Selective Traffic Enforcement
Project (STEP) grant for Driving While Intoxicated enforcement
overtime within the Police Department in No. 1061 Police Grants
Fund. (Attachment # 13)
Resolution authorizing the City Manager or his designee to submit
a grant application to the Texas Department of Public Safety
Division of Emergency Management in the amount of $1,000
under the FY 2004 Local Hurricane Grant Program for enhanced
hurricane-related public awareness and education.
(Attachment # 14)
Resolution authorizing the City Manager or his designee to submit
a grant application to the Texas Department of Public Safety
Division of Emergency Management in the amount of $7,000 for
upgrades to the City's Diaiogic System, under the Facilities and
Equipment Grant Program, with a City match of $7,000 in the No.
1020 General Fund, for a total project costs of $14,000.
(Attachment # 15)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
December 16, 2003
Page 7
16.
17.a.
17.b.
17.c.
17.d.
18.
Resolution authorizing the City Manager or his designee to submit
a grant application in the amount of $1,000,000 to the United
States Department of Homeland Security to fund the City-Wide
Wireless Fidelity (WiFi) portion of the Automated Meter
Reading/Wireless Broadband Network Pilot Project for the Water
and Gas Service Departments. (Attachment # 16)
Resolution authorizing the City Manager or his designee to submit
a Municipal Solid Waste Grant Application to the Coastal Bend
Council of Governments in the amount of $63,682 for an assistant
compliance officer, 4x4 ~ ton extended cab pick-up truck with
accessories, electronic surveillance equipment and a 800MHZ
radio to assist in the City's efforts in enforcement and compliance
of the City's Solid Waste Service's ordinance and illegal dumping.
(Attachment # 17)
Resolution authorizing the City Manager or his designee to submit
a Municipal Solid Waste Grant Application to the Coastal Bend
Council of Governments in the amount of $60,000 for contractual
services for hauling landfill mulch to area parks and playgrounds.
(Attachment # 17)
Resolution authorizing the City Manager or his designee to submit
a Municipal Solid Waste Grant Application to the Coastal Bend
Council of Governments in the amount of $217,200 for a mulch
spreading vehicle to help maintain area parks and playgrounds.
(Attachment # 17)
Resolution authorizing the City Manager or his designee to submit
a Municipal Solid Waste Grant Application to the Coastal Bend
Council of Governments in the amount of $20,000 to develop a
community media outreach campaign for target areas of the City
on recycling and illegal dumping. (Attachment # 17)
Resolution authorizing the City Manager or his designee to submit
a grant application to the Texas General Land Office in the
amount of $600,000 for a Coastal Erosion Planning and
Response Act (CEPRA) - Cycle 3 Grant for the restoration of
Sunfish Island; with a City Match of $400,000 in sand and in-kind
services; for a total project cost of $1,000,000.
(Attachment # 18)
CITY COUNCIL
PRIORITY ISSUES
(Refer 1~ legend ali the end of the
agenda surnma~)
Agenda
Regular Council Meeting
December16,2003
Page 8
19.a.
19.b.
19.c.
20.
21.
22.
23.
Motion authorizing the City Manager or his designee to execute
an agreement with the Corpus Christi Country Club for Fome
Main Repairs/Replacement Line "C', Phase 1 - Corpus Christi
Country Club, including any easements necessary for the project.
(Attachment # 19)
Motion authorizing the City Manager or his designee to execute
a construction contract with Cash Construction of Pflugerville,
Texas in the amount of $841,830 for the Force Main
Repairs/Replacement Line "C", Phase 1 - Corpus Chdsti Country
Club. (Attachment# 19)
Motion authorizing the City Manager or his designee to execute
a construction contract with Ramos Industries, of Pasadena,
Texas in the amount of $1,315,060 for the Force Main
Repairs/Replacement Line "C", Phase 2 - Kenith Circle to
Cimarron Boulevard. (Attachment # 19)
Motion authorizing the City Manager or his designee to execute
a construction contract with S J Louis Construction, of Mansfield,
Texas in the amount of $1,489,586.49 for the 30-inch and 18-inch
gravity sewer lines from Kostoryz Road to Waterloo Drive.
(Attachment # 20)
Motion authorizing the City Manager or his designee to execute
a construction contract with Chambers Golf Construction, of
Purcell, Oklahoma in the amount of $447,299.97 for the Gabe
Lozano Senior Golf Center and Oso Beach Golf Course Irrigation
Improvements Project. (Attachment # 21)
Motion authorizing the City Manager or his designee to execute
Change Order No. 2 with Laughlin-Thyssen, Inc., of Houston,
Texas in the amount of $46,928 for the O.N. Stevens Water
Treatment Plant Wash Water System, Phase 2 Project.
(Attachment # 22)
Motion authorizing the City Manager or his designee to execute
Amendment No. 13 with MEI Govind, Inc., of Corpus Chdsti,
Texas for a total fee not to exceed $62,338 for the 24-inch gravity
sewer line along Antelope Street between Palm Street and Doss
Street. (Attachment # 23)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
December 16, 2003
Page 9
24.
25.
26.a.
26.b.
27.a.
27.b.
Motion authorizing the City Manager or his designee to execute
Change Order No. 1 with Chief Environmental Surveys, of
Houston, Texas in the amount of $102,346.43 for miscellaneous
sewer line cleaning. (Attachment # 24)
Ordinance authorizing the City Manager or his designee to
execute a Use Privilege Agreement with Minvesco, L.P. for the
dght to construct and maintain a 2-inch PVC force main that will
extend approximately 394-feet along the Crowsnest Avenue
Street right-of-way (ROW); and establishing a fee of $544.
(Attachment # 25)
Ordinance appropriating $19,677.26 from Lot 1, Block 1, Brighton
Village Unit 9 developer's contribution to Drainage Channel No.
31 in the No. 4730 Infrastructure Fund; and amending Ordinance
No. 024130, which appropriated the trust funds, by adding
$19,677.26 to the No. 4730 Infrastructure Fund.
(Attachment # 26)
Motion approving payment of $19,677.26, developers contribution
from Brighton Village Unit 9, Block 1, Lot 1, from the No. 4730
Infrastructure Fund to Mark Bratton, Trustee, for disbursement to
the appropriated Funding Owners, in accordance with the Offsite
Drainage Development Contract, Master Plan Drainage Channel
31, between the City of Corpus Christi and Trustee.
(Attachment # 26)
Motion authorizing the City Manager or his designee to accept a
renewal grant in the amount of $4,375 and execute a contract
with the Corporation for National and Community Service for the
continuation of the Senior Companion Program.
(Attachment # 27)
Ordinance appropriating a grant in the amount of $4,375 from the
Corporation of National and Community Service in the No. 1067
Park and Recreation Grants Fund for the Senior Companion
Program. (Attachment#27)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summa~)
Agenda
Regular Council Meeting
December16,2003
Page 10
28.a.
Motion authorizing the City Manager or his designee to accept a
renewal grant in the amount of $18,115 and execute a contract
with the Corporation for National and Community Service for the
continuation of the Retired and Senior Volunteer Program.
(Attachment # 28)
28.b.
Ordinance appropriating a grant in the amount of $18,115 from
the Corporation for National and Community Service in the No.
1067 Park and Recreation Grants Fund for the Retired and
Senior Volunteer Program. (Attachment # 28)
29.
Resolution authorizing the City Manager or his designee to enter
into an agreement with the Amedcan Bowling Congress and the
Corpus Chdsti Convention and Visitors Bureau to host the
American Bowling Congress Toumament in 2006 and to provide
them with $250,000 by December 31, 2004, subject to
appropriations. (Attachment # 29)
30.
Second Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Chdsti, Chapter 55 to establish procedures
regarding security deposit, delinquent payments, late fees, and
average billing for the Utilities Business Office; and providing for
penalties. (First Reading 12/9/03) (Attachment # 30)
31.
Second Reading Ordinance - Amending Section 4-5, Code of
Ordinances, City of Corpus Christi regarding the location of
establishments serving on-premise alcoholic beverages; and
providing for penalties. (First Reading 12/9/03)
(Attachment # 31 )
J. PUBLIC HEARINGS: (NONE)
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
32.
Update on Landfill Operations Request for Proposal
(Attachment # 32)
L=
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
December16,2003
Page 11
33.
35.
36.
37.
38.
Second Reading Ordinance - Waiving the 60-day waiting period
and publication of legal notice; and renaming the park at 701 St.
Pius Drive from Meadowbrook Park to Dan Whitworth Park.
(First Reading 12/9/03) (TO BE CONSIDERED AT 10:30 AoM,)
(Attachment # 33)
Resolution supporting the Pead Harbor Survivor Association
Chapter 5, Corpus Christi, Texas' request to name the United
States 181 highway bridge over the Corpus Christi Ship Channel
as the "Remember Pead Harbor Memorial Bridge".
(Attachment # 34)
First Reading Ordinance - Amending the Code of Ordinances
Sections 11-8, Riding on Sidewalks, Pedestrian Walkways or
Portions of New Ship Channel Bridge, by making an exception for
approved special events. (Attachment # 35)
Ordinance amending the Zoning Ordinance upon application by
Paul S. Vera by changing the zoning map in reference to Laguna
Acres, Block 1, Lot 12 and a portion of Lot 11, (currently zoned
"R-lB" One-family Dwelling District and "B-I"/SP Neighborhood
Business District with a special permit) by granting a special
permit for an auto repair use and to correct the building
expansion setback subject to a site plan and ten (10) conditions;
amending the comprehensive plan to account for any deviations
from the existing comprehensive plan. (Attachment # 36)
Motion authorizing the City Manager to execute a binding
agreement with RSR Sports, Inc., of Round Rock, Texas relating
to the location and operation of a minor league baseball team in
the City. (Attachment # 37)
Motion authorizing the City Manager to execute a Contract of
Purchase and Lease of Port property with the Port of Corpus
Christi Authority for the City of Corpus Christi baseball stadium
and related parking spaces, subject to the certification of funds.
(Attachment # 38)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
December16,2003
Page12
39.
40.
41.
42.
43.
44.a.
44.b.
44.c.
Motion authorizing the City Manager or his designee to execute
a construction contract with Gunther-Nash, Inc., of St. Louis,
Missouri in the amount of $9,900,080.58 for the Seawall
Reconstruction Project Contract B-2, Part B Power Street Outfall
to Peoples Street. (Attachment # 39)
Motion authorizing the City Manager or his designee to execute
Change Order No. 7 with Moorhouse/Beecroft, Joint Venture,
LLC, of Corpus Christi, Texas in the amount of $872,818 for
various mechanical, structural, and other modifications for the
Convention Center. (Attachment # 40)
Motion authorizing the City Manager or his designee to execute
Change Order No. 6 with Fulton Coastcon, Joint Venture, of
Corpus Christi, Texas in the amount of $132,190 for various
mechanical modifications for the Multi-Purpose Arena.
(Attachment # 41 )
Motion to amend the Pope Park Master Plan that was approved
by City Council on September 9, 2002, by including construction
of a basketball court and removal of a baseball backstop.
(Attachment # 42)
Motion approving the allocation of $71,500 from the Hotel
Occupancy Tax Fund and $21,000 from the General Fund to fund
a total of 18 arts and cultural organizations. Funding is
authorized in the FY 2003-2004 budget. (Attachment # 43)
Resolution authorizing the City Manager or his designee to
execute an Interlocal Cooperation Agreement with the Regional
Transportation Authority in the amount of $20,000 for the Bayfront
Master Plan. (Attachment # 44)
Resolution authorizing the City Manager or his designee to
execute an Interlocal Cooperation Agreement with the Downtown
Management District in the amount of $20,000 for the Bayfront
Master Plan. (Attachment # 44)
Resolution authorizing the City Manager or his designee to
execute an Intedocal Cooperation Agreement with the
Metropolitan Planning Organization in the amount of $20,000 for
the Bayfront Master Plan. (Attachment # 44)
CiTY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Me~ing
December16,2003
Page 13
44.d.
44.e.
44.f.
45.a.
45.b.
46.a.
Resolution authorizing the City Manager or his designee to
execute an Intedocal Cooperation Agreement with the Port of
Corpus Chdsti Authority in the amount of $20,000 for the Bayfmnt
Master Plan. (Attachment # 44)
Ordinance appropriating $20,000 from the Regional
Transportation Authority, $20,000 from the Downtown
Management District, and $20,000 from the Metropolitan
Planning Organization into the Park Capital Improvement
Program Fund No. 3280 for the Bayfront Master Plan; and
amending the Capital Budget FY 2002-2003 adopted by
Ordinance No. 025144 to increase appropriations by $60,000.
(Attachment # 44)
Motion authorizing the City Manager or his designee to execute
Amendment No. 4 with Thompson Ventulett and Stainback and
Associates, Inc., of Atlanta, Georgia in the amount of $100,000
for planning services associated with the development of a
Bayfront Master Plan. (Attachment # 44)
Resolution authorizing the Mayor or his designee to execute an
intedocal cooperation agreement with San Patricio County
relating to the approval of plats within the extraterritorial
jurisdiction of the City of Corpus Christi. (Attachment # 45)
Resolution authorizing the Mayor or his designee to execute an
intedocal cooperation agreement with Kleberg County relating to
the approval of plats within the extraterritorial jurisdiction of the
City of Corpus Christi. (Attachment # 45)
Ordinance approving the License Agreement between the City of
Corpus Christi and Gulfterra Energy Partners, L.P. settling claims
of the City for past use of City rights-of-way and property by
Gulfterra and its predecessors; granting to Gulfterra the right to
use certain City rights-of-way and property for pipelines
transmitting natural gas, natural gas liquids, and other petroleum
products for a term often years with one ten-year renewal term;
establishing the charges for such use of public property; providing
for equitable fees; providing for protection of City rights-of-way,
property, and interests; providing for related matters; and
superseding and revoking pdor agreements. (Attachment # 46)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at ~e end of the
agenda summary)
Agenda
Regular CounciI Me~ing
December16,2003
Page 14
46.b.
Ordinance amending Section 55-3 of the Code of Ordinances of
the City of Corpus Christi regarding the requirement of consent of
the City for natural gas pipelines and conveyance of natural gas
using the City rights-of-way or property and serving customers
within the City; providing for penalties; and providing for
severability. (Attachment # 46)
PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 5:30 P.M. OR AT THE END OF THE
Ne
COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR 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 cree que su ingl~s es limitado, habr& un int~rprete
ingl&s-espa[~ol en la reunion de la junta pare ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
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 future Council meetings and activities; and
other bdef discussions regarding city-related matters.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
47.
CITY MANAGER'S REPORT
* Upcoming Items
Agenda
Regular Council Meeting
December 16, 2003
Page 15
48.
49.
O.
MAYOR'S UPDATE
COUNCIL AND OTHER REPORTS
ADJOURNMENT:
POSTING STATEMENT:
to~ity Hall, 1201 Leopard Street, at
This agenda was posted on the City's official bulletin board at the front entrance
~; 3 0 p.m.,
,2003.
Armando Chapa ~
City Secretary
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p~m. on the Friday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
2003 CITY COUNCIL GOALS AND PRIORITIES
Charter Revisions
Legislative Agenda
Increased CVB funding
Trashy Neighborhoods
Master Drainage Plan
Garwood Water
New Funding Sources for Inner City Improvements
Improved Permitting Process
NEW PRIORITY ISSUES
~ Long-Term Revenue Picture
Bond 2004
Downtown Revitalization
Skate Park
Storm Water Drainage District
ADA Compliance
Park Master Plan
Communication with Other Taxing Entities
Review of Sexually Oriented Businesses Ordinance
Call Center
City staff wtI1 develop and present to City Council action/implementation plans for the following priority
Desalination Pilot Project
*Code Enforcement in Trashy Neighborhoods
*Employee Classification Study
Ma stet Drainage Plan
Garwood Water
*New Golf Course
*Charter Revision with Specific Charge(s)
*More Funding for Economic Development
*Fire and Police Contracts
New Funding Sources / Plan for Inner City Improvements
Improve Permitting Process (online / customer service)
Padre Island Development Plan
Downtown / South Central Development Plan (marina, t-heads, breakwater)
Housing Emphasis / Process (older neighborhoods, working class neighborhoods)
**Road Projects
Southside Traffic Plan
2001-2002
CiTY COUNCIL GOALS
AND
PRIORITY ISSUES
CONTINUING PRIORITY ISSUES
Airpor~ / Seawal~ / (~onv~ntion Center / Ar~n~
Continue quarterly reporting process for these initiatives.
'86 Bood,Is~ue 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.
priv#fiZati~n / Re-E~ineerin~
Clearly define "privatization" and "re-engineering."
· Make deeision~ regarding privatization and re-engineering in the next 12-24 months, with
discussions within 90 days,
· Establish process to identify what services can and em'mot be pfivatized.
· 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,
· Address concerns related to employee compensation and benefi , including health insurance.
· Work to coordinate Police and Fire health benefits with those of other City employees
Economic Development Sales Tax
· Establish election date.
· Reconsider implementation plan for a Storm Water Utility.
· Continue quarterly reports on the progress of the TIF and Beach Restoration Project.
Landfl]!
· Continue to evaluate the efficiency and effectiveness of operations.
· Examine alternatives for solid waste management system, including prlvatizafion.
l[nternet
· 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.
· Continue active role.
· Lease and complete renovation
· Implement currem island annexation plan
· Develop and approve ADA Transition Plan within 90 days.
· Develop Council-approved redistricting plan for the City of Corpus Christi
Industrial District Contrae~
· Review Industrial District conu'acts and dunermine date for approval
· 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 efficiem delivery of health services
Markeflno of CC Muset~n~ and Columbus Ships
· Continue to develop marketing plans for the Museum of Science and History and the
Columbus Fleet
Relationships with Other Governments
Development Initiative Packages
*Park Rehabilitation
*Leopard Street Curbs and Gutters
Economic Development Summit and Post. Summit Meetings
' ' 1
Agnes-Laredo Comdor Market (sttldies, pans)
*Solid waste / Pickup
Base Closures
**Northwest Library
Northside Development Plan
Traffic Controls (channeling, studying on/offramps on SPID)
*Five Points Ambulance
Effluent Plan for Leopard Medians
RTA--Public Improvements
Arts and Sciences Park Plan
Budget Item
** Capital Improvement Program Item
1
MINU__TES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
December 9, 2003 ~ 12:00 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Brent Chesney (Arrived at 12:15 p.m.)
Council Members:
Javier D. Colmenero (Arrived at 1:45 p.m.)
Melody Cooper (Arrived at 12:03 p.m.)
Hen~ Garrett
Bill Kelly
Rex A. Kinnison (Arrived at 12:02 p.m.)
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
Acting City Attorney R. Jay Reining
City Secretary Annando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Council Member Kelly and the Pledge of Allegiance to the United
States flag was led by Council Member Scott. 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 joint and regular Council meetings
of November 11,2003 and the regular Council meeting of November 18, 2003. A motion was made
and passed to approve the minutes as presented.
Before going into executive session, Mayor Neal announced that Item 32 regarding the
Discrimination Against Individuals ordinance was being withdrawn. He asked City Manager Noe
to place the item back on the agenda in 60 days for further discussion.
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
Executive session under Texas Government Code Section 551.071 regarding measures that
can be taken to protect and enhance the City's existing water rights, with possible discussion
and action related thereto in open session.
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, 107t~
District Court, Cameron County, Texas; the remaining related claims of the City of Corpus
Christi against PG&E's successor GulfTerra Texas Pipeline, L.P. and other entities; and
similar claims of the City of Corpus Christi against other similar entities, with possible
discussion and action related thereto in open session.
The Council went into executive session. The Council returned from executive session, and
Mayor Neal called for a brief recess to present proclamations.
-1-
Minutes - Regular Council Meeting
December 9, 2003 - Page 2
The Council returned from recess. Mayor Neal deviated from the agenda and referred to
Item 21, a presentation on the Fifteenth Annual "Feast of Sharing", H-E-B Holiday Dinner. Ms.
Diana Z. Garza, Assistant to the Mayor, introduced Ms. Debbie Lindsey-Opel with H-E-B, who
provided an update on this event. Ms. Garza also introduced other key staff who provided additional
information regarding the event.
Mayor Neal deviated from the agenda and opened discussion on Item 31 regarding the
renaming of Meadowbrook Park to Dan Whitworth Park. Mr. David Ondrias, Acting Director of
the Park and Recreation Department, stated that staff proposed the idea to the Park and Recreation
Advisory Committee at their November 19 special-called meeting. With the support of Mr.
Whitworth's family, Mr. Ondrias said the Park and Recreation Committee recommended that the
Council consider the renaming Meadowbrook Park to Dan Whitworth Park. He said the committee
was also requesting that the Council consider waiving the 60-day waiting period and the newspaper
publication requirement for this park renaming request.
Mayor Neal asked for public comment. Ms. Sandy Billish, 15885 Punta Espada,
representing the Park and Recreation Advisory Committee in her capacity as chairman, spoke in
support of the park renaming request and waiving the aforementioned requirements. Ms. Mary
Whitworth, Monsignor Richard Shirley with St. Pius X Catholic Church, and Mr. Jim Cano shared
their fond memories of Mr. Whitworth and also supported the park renaming request. City Secretary
Chapa polled the Council for their votes as follows:
31. FIRST READING ORDiNANCE
Waiving the 60-day waiting period and publication of legal notice; and renaming the park
at 701 St. Pius Drive from Meadowbrook Park to Dan Whitworth Park.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
Mayor Neal deviated fi'om the agenda and referred to Item 2, and a motion was made
seconded and passed unanimously to approve the following motion related to the executive session:
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Minutes - Regular Council Meeting
December 9, 2003 - Page 3
MOTION NO. 2003421
Motion authorizing the City Manager to execute an amendment to the Legal Services
Agreement with Tim Brown to provide legal advice on the City's water rights and to
represent the City before agencies on matters affecting the City's water rights, at an hourly
rate of $175.00 plus expenses, subject to certification of funds. The amendment may
authorize Mr. Brown to subcontract with necessary consultants to determine the volume of
water at controversy.
Mayor Neal made the foregoing motion, seconded by Council Member Colmenero, and it
passed unanimously.
Mayor Neal called for consideration of the consent agenda (Items 4-20). Council members
requested that Items 10 and 14 be discussed. There were no comments from the audience. A motion
was made and passed to approve Items 4 through 20, constituting the consent agenda, except for
Items 10 and 14, which were pulled for individual consideration. City Secretary Chapa polled the
Council for their votes as follows:
4. MOTION NO. 2003422
Motion authorizing a supply agreement with National Water Works, of Corpus Christi,
Texas for approximately 2,974 ductile iron mechanical joint, flanged and swivel fittings and
approximately 5,100 related accessories in accordance with Bid Invitation No. BI-0015-04,
based on low total bid for an estimated annual expenditure of $26,182.95. The term of the
contract is for twelve months with options to extend for up to two additional twelve-month
periods, subject to the approval of the contractor and the City Manager or his designee.
These items are purchased into the Warehouse Inventory and charged out to the Water and
Wastewater Departments.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
5. MOTION NO. 2003-423
Motion authorizing a supply agreement for hot tap fittings in accordance with Bid Invitation
No. BI-0010-04 with T.D. Williamson, of Tulsa, Oklahoma based on sole source for an
estimated annual expenditure of $26,306. The term of the supply agreement will be for
twelve months with an option to extend for up to two additional twelve-month periods,
subject to the approval of the supplier and the City Manager or his designee. Funds are
available from the Warehouse Inventory Account for FY 2003-2004.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
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Minutes - Regular Council Meeting
December 9, 2003 - Page 4
MOTION NO. 2003-424
Motion authorizing a maintenance agreement with Medtronie Physio-Control Corporation
of Redmond, Washington for testing and calibrating of automatic external defibrillators for
the Fire Department - Emergency Medical Service based on sole source, for a total amount
of $30,602. Funds have been budgeted by the Fire Department in FY 2003-2004.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
MOTION NO. 2003-425
Motion authorizing a supply agreement with Miller Environmental Services, of Corpus
Christi, Texas for storm water inlet cleaning in accordance with Bid Invitation No. BI-0005-
04, based on only bid for an estimated annual expenditure of $447,258. 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 Storm Water Department in FY 2003-2004.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
MOTION NO. 2003-426
Motion authorizing the purchase of an IP telephone system for the new Animal and Vector
Control Facility with Logicalis, of Houston, Texas in accordance with the State of Texas
Cooperative Purchasing Program for a total amount of $46,694.39. Funds have been
budgeted by the Municipal Information Systems Department in FY 2003-2004.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
MOTION NO. 2003-427
Motion authorizing the City Manager or his designee to execute a construction contract with
Jhabores Construction Company, Inc., of Corpus Christi, Texas in the amount of $67,707.50
for the Clarkwood Road Gravity Sewer Extension for Base Bid B.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
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Minutes - Regular Council Meeting
December 9, 2003 - Page 5
11.
12.
13.
15.
MOTION NO. 2003-429
Motion authorizing the City Manager or his designee to issue payment to the Texas
Department of Transportation (TxDOT) for the bridge rehabilitation on the Cayo Del Oso
Bridge on Ocean Drive (closest to the Naval Air Station) at a cost to the City not to exceed
$86,843.83.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
ORDINANCE NO. 025566
Ordinance appropriating $2,500 from the United States Tennis Association and $2,500 from
the United States Tennis Association - Texas Section into Fund No. 3280 for the Al Kruse
Tennis Center Court Improvements Project; and amending the FY 2002-2003 Capital Budget
adopted by Ordinance No. 025144 by increasing appropriations by $5,000.
An emergency was declared, and the foregoing ordinance was passed and approved by the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
RESOLUTION NO. 025567
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of $42,633 to the State of Texas, Criminal Justice Division for Year 5 funding
available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family
Violence Unit with a City match of $11,370 in the No. 1061 Trust Fund and $3,500 in-kind
services; for a total project cost of $57,503.
The foregoing resolution was passed and approved with the following vote: Neal~ Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
MOTION NO. 2003-431
Motion authorizing a three-year (3) contract with two (2) one-year options to renew or until
termination pursuant to the Agreement between the City of Corpus Christi, Texas and
Dennis A. Joiner & Associates to perform professional services under this Agreement as an
independent contractor for Fire and Police Promotional Examinations and Assessment
Centers for the City.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnlson, Noyola and Scott, voting "Aye".
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Minutes - Regular Council Meeting
December 9, 2003 - Page 6
16. RESOLUTION NO. 025568
17.
18.
19.
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperative Agreement with the Regional Transportation Authority (RTA) for the sharing
of technology.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
RESOLUTION NO. 025569
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperative Agreement with the Texas Department of Transportation (State) to permit
connection of the City's Fiber Optic Network (FON) to the State's FON.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
ORDINANCE NO. 025570
Ordinance authorizing the City Manager or his designee to execute a Use Privilege
Agreement with Stabil Drill Corpus Christi for the fight to construct, maintain and alter
approximately 200-linear feet of an 8-foot high chain link fence, adjacent to approximately
700-square feet of bedding and landscaping and approximately 1,700-square feet of parking
lot area, all within the South Navigation Boulevard street tight-of-way; establishing a fee of
$8,427; and requiring Stabil Drill Corpus Christi to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
FIRST READiNG ORDINANCE
Authorizing the City Manager or his designee to execute a five-year lease with Tejas
Bowmen Archery Club to construct, maintain, and operate an archery range; and providing
for termination upon 30 days notice by either party.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye".
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Minutes - Regular Council Meeting
December 9, 2003 - Page 7
20. ORDINANCE NO. 025571
Authorizing the City Manager or his designee to execute a five-year lease with the Texas
Commission on Environmental Quality (TCEQ) to site continuous air quality monitors in
Woodlawn Park and in H.J. Williams Park in consideration of TCEQ providing the air
monitoring services.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal opened discussion on Item 10 regarding the Alta Plaza Drainage Improvements
project. Council Member Scott asked if the residents in the Alta Plaza area had been notified about
this project. City Engineer,~ngel Eseobar answered affirmatively, saying that staff had held an on-
site meeting to explain the situation. Mr. Scott asked if the residents on Hewit Drive adjacent to
Alta Plaza had also been notified since the improvements would affect them as well. Mr. Escobar
replied that he would make sure those residents were also notified if they had not already been.
10. MOTION NO. 2003-428
Motion authorizing the City Manager or his designee to execute a construction contract with
IHS Construction, Inc., of Corpus Christi, Texas in the amount of $238,345 for the Alta
Plaza Drainage Improvements.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened discussion on Item 14 regarding the FY 2004 Consolidated Plan/Annual
Action Plan timetable. Mayor Neal asked that staff publicize the CDBG application process as
much as possible because various organizations have told him in the past that they were not aware
of the process. He asked Ms. Mary Dominguez, Director of Neighborhood Services, to review the
timetable. Ms. Dominguez reported that community meetings would be held on Wednesday,
December 10 at 6:00 p.m. at Greenwood Senior Center and on Thursday, December 11 at the Boys
and Girls Club at 6:00 p.m. She said these meetings were considered the start of the CDBG process
and would provide more information on the process. She stated that staff had placed an
advertisement in the Sunday paper to publicize the meetings and would also be using the services
of the Public Information Office for further publicity. Ms. Dominguez stated that this year, staff
would be issuing RFPs for the CDBG, HOME and ESG programs, instead of just CDBG and ESG
as in the past.
Ms. Dominguez reviewed the following key dates in the proposed timetable: January 5, 2004
- Proposals for CDBG, HOME and ESG Program~ due date; February 18, 2004 - Planning
Commission public hearing; April 20, 2004 - City Council Public Hearing; and June 11, 2004 -
CP/AAP submission to HUD.
Mr. Noyola asked how long the city had been publicizing the CDBG process. Ms.
Dominguez replied that staffhad begun the process by placing an ad in the Sunday paper and by
--7--
Minutes - Regular Council Meeting
December 9, 2003 - Page 8
contacting organizations that had applied for the funds in the past. Mr. Colmenero noted that the
January 5 date was very close to the holidays, and he questioned whether this was a good idea. Ms.
Dominguez acknowledged that the date was close to the holidays, but said that staffwas trying to
ensure that they would have sufficient time to thoroughly review the applications. She stated that
staffhad not budgeted enough time for the process last year, so the goal was to start earlier this year.
Ms. Dominguez stated that staffmight be able to add a few days to the deadline, but not much more.
Mr. Colmenero asked staffto consider extending the deadline. City Secretary Chapa polled the
Council for their votes as follows:
14. MOTION NO. 2003-430
Motion adopting the timetable for the FY 2004 Consolidated Plan/Annual Action Plan
(CP/AAP) that is the planning and application process for the Community Development
Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter
Grant (ESG) Programs.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Gan:eR, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened discussion on Item 22 regarding the first quarterly update for the city's
Americans with Disabilities Act (ADA) Title II Transition Plan. Mr. David Ramos, Director of
Human Relations, reported that a portion of the funding was made available on August l, 2003,
while additional funding will hopefully be acquired through Bond 2004.
Mr. Ramos stated that the following areas for accessibility and barrier removal were
identified in the city ADA Title II Transition Plan: public facilities; public programs; site
development; outreach; citywide curb ramps; and individual curb ramp requests.
Regarding public facilities, Mr. Ramos said short-range funding for improvements to the
following facilities had been adopted in the plan for an estimated cost of $599,805: City Hall;
libraries; health department; street/solid waste; recreation centers; and senior centers. He said the
estimated completion date was FY 2004-2005. He provided a status report on these projects. He
said on 8/14/03, they signed a CDBG Recipient Agreement. On 8/19/03, an engineering A&E
contract was awarded. On 10/03/03, CDBG funds were released. Finally, he said the A&E
consultant preparation work for barrier removal projects was ongoing.
Mr. Ramos provided the Architect/Engineer (A&E) contractor's proposed project schedule
for the public facility projects. He said that on August 27, 2003, the preliminary phase would begin.
By November 7, 2003, 90 percent of the design would be submitted for city review. He said that
on November 24, the contractor would begin the completion of the design phase. Finally, on
December 10, 2003, the 100 percent submittal would be completed.
Additionally, Mr. Ramos stated that the A&E contractor would do the following: prepare
construction documents for bidding and construction purposes; prepare cost estimates, including
benefits of the various alternatives considered; and once approved for bidding, submit plans to the
Minutes - Regular Council Meeting
December 9, 2003 - Page 9
Texas Department of Licensing and Regulations (TDLR) for an accessibility review. After the bid
processes, Mr. Ramos reported that the contract awards were anticipated to begin in February 2004,
with construction work projected to begin in March 2004.
Regarding the programs adopted in the short-range plan, Mr. Ramos stated that the adopted
estimates were $136,730 in Year One. He said the programs included the following: libraries;
museum; closed captioning and various customer service areas. He said various RFPs had been
issued to obtain bids on equipment for closed captioning for the Council Chambers and others.
With regard to the area of site development, Mr. Ramos said the goal was to have selected
members of Development Services staff trained through the Texas Accessibility Academy at a cost
of approximately $10,000, which was unappropriated at this time. He added that this was also
required as part of the adoption of the new building code. Mr. Noe commented that this was a new
requirement for people building under $50,000 in value for all renovations and new construction.
Regarding the outreach area, Mr. Ramos said the improvements sites were citywide. He
reported that internal awareness training on accessibility, barrier removal and ADA compliance was
provided to departmental directors during the first quarter. He added that awareness training for city
employees at monthly customer service classes was ongoing.
Regarding citywide curb ramp requests, he said the Committee for Persons with Disabilities
had composed a priority list of improvement sites, with an estimated cost of $8 million and an
estimated completion date of FY 2011-12. He said these improvements would fall under the
proposed Bond 2004 program for voter approval. For the individual curb ramp requests, he said the
sites varied upon citizen request and urgency. The estimated cost for these improvements was
$130,000. He noted that there were no requests in the first quarter.
In conclusion, Mr. Ramos commented that staff wanted to work on the facilities
improvements first, since the Council had indicated this was a priority. He said the next process was
tO begin improvements to programs. He stated that the Council should see more activity in this area
in the next quarter.
Mayor Neal asked if CDBG funds could be reprogrammed and when. City Manager Noe
replied that the funds could be reprogrammed, and this was usually done at the end of the year.
The next presentation was Item 3, an update on the status of the Convention Center and
Multipurpose Arena by SMG, the city's management company. Mr. Marc Solis, General Manager
of the new arena, reported that negotiations with the Islanders and the Rayz were ongoing and
progressing well. He said both entities were preparing their pricing structures for season ticket sales
and corporate sales. He commented that all parties were eager to finalize the process.
Regarding potential shows, Mr. Solis reported that SMG was currently holding a number of
dates in Fall 2004 and Summer 2005 for top-name family shows. He noted that SMG has contacted
all the top promoters in the country to book concerts and special events in the new arena as well as
the Selena Auditorium. He emphasized that staffwas planning to market the Selena Auditorium
very aggressively.
-9-
Minutes - Regular Council Meeting
December 9, 2003 ~ Page 10
He reported that the Convention and Visitors Bureau (CVB) was actively pursuing new
business for the arena. He said he was holding a number of dates for them in Fall 2004 to 2008. He
said SMG was finalizing the arena and convention center booking policy and procedures manual and
would present to the CVB by the end of the year.
Regarding suites marketing, Mr. Solis reported that during the past few weeks, he and Mr.
Xavier Villalon, the new arena Marketing Director, had visited with several local business leaders
to gain input on market constraints. He was pleased to report that they feel relatively comfortable
that they have priced the sponsorship packages accordingly. Both packages include a suite, several
signs and tickets to the Rayz and Islanders. He said the plan was to sell about seven of the packages
before December 18 and then resume once the holidays were over.
Mr. Solis reported that club seat sales were scheduled to begin on February 1, 2004. He said
the club seats would include an annual Personal Seat License (PSL) and tickets to the Islanders and
Rayz games. He added that the PSL would allow the holder to have that particular seat for all
events.
Regarding the management transition for the convention center, Mr. Solis reported that it was
progressing relatively well. He said there were currently 13 convention center employees who were
going to transition over to SMG on January 1, 2004. He said the SMG Human Resources
department had completed the benefits package and would be forwarding it to the convention center
staff this week. He was happy to report that the 13 individuals included a number of key
management and operational support staff. He said that SMG were continuously updating the
working transition task document to ease the transition. In conclusion, Mr. Solis said SMG stood
ready to take over the management responsibilities of the convention center on January 1, 2004.
Mr. Colmenero asked if there were any updates on the status of the football team. Mr. Solis
replied that it was uncertain at this time. He reported that he had a number of conversations with
the owner of the Intense Football League (IFL), but nothing had been finalized. He said the IFL was
scheduled to play this summer in the coliseum. He added that SMG had conversations with the
arena football league about entering the market as well. Mr. Solis concluded that he would adopt
a "wait-and-see" attitude about the new IFL to see how it performs, and then determine the best
course of action.
Mr. Scott asked Mr. Solis if he thought having cup holders for the seats was important. Mr.
Solis replied affirmatively, saying that it was a benefit on the operational side for clean-up. He said
it was a good luxury to have if it was economically feasible.
Mr. Kinnison reported that Texas A&M University - Corpus Christi had received an
application to use the arena for a NCAA Women's Tournament site in 2005 for the first or second
round. He said the package would require input from city staff, SMG and CVB. Mr. Solis added
that the Men's program was also trying to program a few tournaments with big-name universities
in this upcoming season.
The next presentation, Item 24, was regarding the status of services, capital requirements and
new initiatives by the Street Department. Mr. Andy Leal, Assistant Director of Street Services,
reported that the main responsibilities of the street department, were traffic signals; signs, markings
-10-
Minutes - Regular Council Meeting
December 9, 2003 - Page 11
and striping; and maintenance of streets. He said the street services department was comprised of
125 full-time employees (FTE).
He said the traffic signals section was responsible for 242 signalized intersections, 169
school zones and 43 flashing warning beacons. He said traffic signals were maintained by 12 FTEs
with a budget of $1,516,846.
The signs, markings and striping operation is responsible for approximately 100,000 traffic
signs; 400 miles of street striping; 507 school crosswalks; 514 pedestrian crosswalks; and curb
painting. He said this operation was manned by 13 FTEs with a budget of $861,001.
Mr. Leal reported that the street maintenance operation was responsible for the following
areas: 1,108 miles of streets; 33 miles of service drives; 143 parking lots; and repair of the city
department's utility cuts. The operation was manned by 89 FTEs with a budget of$6,104,188. Mr.
Leal stated that half of all the city's streets were approximately 40 years old or older. He said that
the useful life of a street is 20 years old, based on a variety of factors, including design.
Mr. Leal briefed the Council on the following types of maintenance for streets: preventive
maintenance; reactive maintenance; utility cut repairs; recycle/reclamation; and reconstruction. He
noted that preventive maintenance was the least expensive option, yet the street department was
spending more time doing reactive maintenance.
Regarding pavement management, Mr. Leal explained the capabilities of the PAVER
software program being used by the street department. Primarily, he said the PAVER sof'cware
provided quantitative street condition assessment based on inspection results. He said PAVER
provided a PCI (pavement condition index), rating the condition of the pavement. Mr. Leal said the
street department used this as a work management/planning tool.
Using the PAVER PCI, Mr. Leal said staff had developed the following pavement
management strategy: 86 to 100 - seal every five to seven years; 80 to 82 - overlay (arterials only);
56 to 85 - level-up and seal; and 0 to 55 - reconstruct/recycle.
Mr. Leal discussed the city's street needs versus the budget for these repairs. He reviewed
the following cumulative unfunded needs: seal coat - $7,667,000 (only 28 percent completed);
overlay - $8,381,000 (no funding); and recycle/reconstruction - $95,100,000 (only 9 percent
completed). Mr. Leal said that reconstruction candidates had increased by 40 percent about two
years ago and it doubled a year ago.
Mr. Leal reviewed the number of potholes repairs, base failure repairs and utility cut repairs.
He also reviewed the number of speed hump installations, noting that the Street department was
required to maintain speed humps. He noted that they were a popular traffic calming device. A
discussion ensued regarding other methods of traffic calming devices, including raised crosswalks.
In summary, Mr. Leal reviewed the following types of street maintenance and their funding
levels: preventative maintenance - seal coating (partially funded) and overlaying (unfunded);
reactive maintenance - funded; utility cut repairs - funded; recycle/reclamation (in lieu of
reconstruction) - partially funded; reconstruction - unfunded.
Minutes - Regular Council Meeting
December 9, 2003 - Page 12
Mr. Leal briefed the Council of new approaches in street maintenance. He said the use of
themoplastic was being used for speed humps and crosswalks instead of paint, pending available
funding. He also said there was limited funding for wet weather pothole mix, preferable to hot mix.
He also noted that the street department had obtained a new, more efficient pothole vehicle. Finally,
as part of the re-engineering effort, Mr. Leal said the implementation of the new Work Management
System (WMS) or MAXIMO, would improve coordination efforts with utility departments.
Finally, Mr. Leal discussed the following recommendations: continue to utilize Bond
programs for street reconstruction projects; maximize state projects; seek increased funding each
fiscal year; and review current street construction standards.
The next presentation was Item 25, the proposed South Central Area Development Plan. Mr.
Michael Gunning, Director of Planning, provided a brief history of downtown planning in general.
He also discussed the background and process used to develop the plan. First, Mr. Gunning said the
plan was adopted originally in 1991 and amended in 1995. He said the Stakeholders Group met
during May through September, comprised of residents, entrepreneurs, architects, engineers and
public agencies. The plan was reviewed by advisory committees from September 2003 through
November 2003. Finally, two public hearings were held during Planning Commission meetings on
November 5, 2003 and November 19, 2003. A downtown public meeting was planned from mid-
January 2004, followed by a City Council public hearing and adoption on February 10 and February
17 respectively.
Mr. Gunning reported that the study area boundaries covered 2.2 square miles, was
comprised of a population of 7,270 people and 3,111 housing units.
He briefed the Council on a number of plan highlights. Regarding the area of environment,
Mr. Gunning stated that the plan provided for pollution prevention devices being incorporated into
storm water outfalls to capture floating debris, sediments and other pollutants before they entered
the bay system. In addition, the plan stipulated that any storm drainage improvements would not
cause any higher flood levels in Blucher Park.
Regarding future land use, Mr. Gunning said the goal in Area A was to promote a mix of
tourist, retail, entertainment, residential and civic uses. Area A was also designed to encourage
blocks on Shoreline Boulevard to develop with tourist-related and residential uses; promote quality
high density residential uses; and promote mixed uses (e.g. loft apartments, live aboard facilities,
and speciality grocery stores) to create a sense of community in the Central Area.
Further regarding land use, Mr. Gunning reported that other goals were to enhance the
seawall with special pavers or concrete imprinting, landscaping, increased lighting on steps and
create shade. In addition, he reported that the plan mentioned the expansion of Heritage Park to the
west toward 181. Other land uses in the plan were to provide for pedestrian corridors with existing
and proposed improvements.
Regarding land use in Area B, Mr. Gunning stated that the plan provided for promoting the
Uptown Office area as the City's premier location for mid- to high-rise office development. In Area
C, Mr. Gunning stated that the goal was to promote redevelopment to low- to mid-rise professional
office and residential areas.
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Minutes - Regular Council Meeting
December 9, 2003 - Page 13
Regarding the area of economic development, Mr. Gunning stated that plan provided for
the following elements: create a continuous source of funding for downtown improvements, i.e. new
Tax Increment Finance district, public improvement district, etc.; promote development of the
marina with public/private joint ventures for retail, restaurant, entertainment, park and marina,
residential and/or hotel uses; and promote arts and cultural resources in the downtown to be engines
of economic development through strategic funding and other forms of assistance.
With regard to public services, Mr. Gunning highlighted the bayfront park and marina
concepts. Mr. Gunning provided a brief history of the bayfront park concept. The plan stipulates
that the city, in partnership with the Downtown Management District, Regional Transportation
Authority, Port and the Metropolitan Planning Organization should conduct a special community-
wide planning process to determine an appropriate design for a bayfront park. He reviewed the
following special study objectives for the Bayfront Park: identify permanent festival site location;
identify Shoreline Boulevard street capacity needs; identify pros/cons of placing a fixed rail trolley
on the bayfront; identify alternate traffic relief routes for downtown traffic; illustrate visual impact
of views from Shoreline Boulevard; implement a community survey and consensus building process
to determine the best design; and additional shade structures, lighting, trash receptacles, bicycle
lanes, informational signage and kiosks, water fountains, and widened sidewalk for the seawall and
adjoining walkway.
With regard to the marina, Mr. Gunning said the plan recognized the potential of the marina
as a way to draw more visitors to the waterfxont and downtown areas. He said the redevelopment
objectives included the following: additional restaurants and retail activities; residential uses and
hotel uses; public park and recreational uses; and enhanced marina facilities and services. Mr.
Gunning stated that the enhanced marina facilities would include additional boat slips, transient and
charter boat slips; and restrooms with showers, pump out station and holding tank, fueling station,
a ship's store, laundry and marina offices.
Mr. Gunning stated that another goal was to minimize parking on the T-Heads and L-Heads
by utilizing the following: on street parking in the Central Business District (CBD); vacant business
parking during peak tourist hours; public and private shuttle services; enhanced pedestrian linkages
to the T- and L-Heads from remote parking areas in the CBD; and enhanced transit service should
be required as a condition of doing commercial business on the bayfront by any private developer.
In addition, Mr. Gunning stated that the plan strived to improve the Cooper's Alley L-Head
with more pedestrian friendly amenities and landscaping. The improvements included the following
elements: boat storage area in the middle of the L-head should be relocated to an off-site location;
and relocate boat ramp and associated parking area devoted to vehicles and boat trailers. The plan
also envisioned permitting "liveaboards" in the marina when minimum improvements are provided.
The goal was to add an additional housing type to an area which would benefit from the 24-hour
presence of people. Finally, another planned improvement for the marina was to extend the concrete
cap and attractive lighting on the breakwater.
Regarding the plan implementation, Mr. Gunning said the next steps would be to create an
implementation process and strategy and identify a financing mechanism(s). He thanked Mr. Robert
Payne and Mr. Mic Raasch for their work on the South Central Development Plan.
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Minutes - Regular Council Meeting
December 9, 2003 - Page 14
Mayor Neal and Mr. Garrett asked about the possibility of making the Heritage Park area
into a festival site. Mr. Gunning replied that most of the suggestions for the festival site had been
in the bayfront area, but they would look into it.
Ms. Cooper asked why the plan was resurrecting the idea of"liveaboards" when it had been
decided after a lengthy public debate to discourage them. City Manager Noe replied that the
Stakeholders Group was recommending them as a way to populate the downtown area, only if
sufficient facilities were available. He acknowledged that "liveaboards" were not always the most
reputable individuals, but they could be.
Mr. Scott asked if it was a federal requirement to prevent pollution fi.om entering the bay
system. Acting City Attorney Reining replied that it had the potential to become a requirement. Mr.
Scott also asked if the Downtown Management District (DMD) had circulated their plan for
downtown. City Manager Noe replied that members of the DMD were on the Stakeholders Group.
He also said the downtown public meeting was designed to encourage participation from groups like
the DMD. In addition, he asked if staff had reviewed the Pedestrian Corridors concept plan
developed by Scott Johnson and Larry Urban from the late 1980% because it contained some
interesting ideas. He asked staff to provide the Council with a copy. He also asked to provide more
specifics on the implementation of enhancing the arts and cultural aspects of the city.
A discussion ensued about incentives to encourage downtown property owners to make
improvements to their property. Mayor Neal mentioned the Renewable Communities concept as
a good way to finance these types of improvements. Mr. Scott also asked staff to provide
information on the accuracy of the property valuations for the downtown area.
The next presentation was Item 26, a fourth quarter update for FY 2003 on the Risk
Management Fund. Mr. Mark McDaniel, Director of Support Services, said the last fiscal year
ended without any real surprises. He introduced Mr. Quentin Masters, the new Health Benefits
Administrator, who reports directly to Ms. Cynthia Garcia, Director of Human Resources. This was
a result of a reorganization of the Risk Management department by the City Manager.
Ms. Cynthia Garcia discussed the health benefits aspect of the funds. She said the number
of claims filed by plan has grown steadily over the years. She said the dollars paid by plan,
including prescription costs, have been rising at a rate of approximately 20 percent. She said that
nationally, medical costs have been predicted to rise in double digit inflation numbers. She said the
total paid by participation level was the highest for the employee only plan.
Mr. Masters provided an update on new cost control measures in the Health Benefits section.
First of all, the new Health Benefits section was the first effort to control costs. He said notices had
been sent to all employees and retirees about the new department's location and contact numbers.
Going forward, Mr. Masters highlighted the following areas: transition to Humana from Entrust and
to Benefits Advantage for retirees; monitor claims (diagnosis codes, kigh claim amounts and case
management); network usage; prescription costs; and plan design adjustments for future years. Mr.
Masters also noted that the City Manager has authorized the creation of an employee committee for
input/discussion on the plans, including Police and Fire.
Mr. Garrett told Mr. Masters about his experience regarding charges for lab and x-ray -14-
Minutes - Regular Council Meeting
December 9, 2003 - Page 15
services conducted at Spohn Hospital. He said Humana had charged him for 20 percent of the costs
instead ora $20 co-pay because the tests were conducted in a hospital. Mr. Garrett said Humana
corrected the error when he brought it to their attention, but was concerned that Humana was not
administering the plan as promised. Mr. Masters replied that he was aware that there were some
transition problems. He apologized for the errors, and said he had addressed them. He said that he
was aware that Spohn was billing as a hospital facility in some cases, thus inducing a hospitalization
co-pay. He said he has asked Spohn if they desired to continue billing as a hospital, or identify
themselves as a laboratory available for outpatient services. Mr. Masters said they had not
responded.
Mr. Colmenero commented on the increase in claims. Mr. Masters stated that part of the
increase in dollars paid by the plan, including prescriptions, was that Entrust was not properly
implementing the prescription benefit. Humana was now doing it correctly, which increased the cost
for employees, but was saving money for the city.
Mr. Noyola asked how many of the suggestions made by employee committee would
actually be used. Mr. Masters replied that he intended to listen to all of the suggestions. He could
not guarantee that the city would accommodate every wish because of budget constraints. However,
Mr. Masters said there should be a balance in a medical plan between the needs of each group - e.g.
Police, Fire, retirees, and employees.
Mr. Chesney asked if the plan was working because he has heard many complaints.. Mr.
Masters replied so near as he could tell, the plan was running in the black by $200,000, except for
a run-offpayment ($240,000) to Entrust that was not budgeted.
Ms. Garcia provided an update on Workers' Compensation and liabilities. She said that
claims per department (labor intensive only) have dropped by 10 percent. She said the number of
claims per full-time employee (including all departments) have decreased from .366 to .332. Ms.
Garcia said incurred costs by departmem have decreased 24 percent in FY 2003. She said the
average cost per claim also decreased by 16.5 percent. She said the largest claims by type of
accident were strains and injury by movement. She said the largest reduction in claims by type of
accident were in bums/scalds, cuts and scrapes and caught between items. Regarding the claims
count history, Ms. Garcia stated that the total number of claims was 1,117 and the total liability
incurred was $21 million. Of those 1,117 claims, 711 were larger than one dollar, medical only
were 595 and the indemnity cases were 142.
Compared to the first quarter in FY 03, Ms. Garcia said that in FY 04 the claims count
comparison was about the same. Ms. Garcia noted that the costs incurred were actually going down,
however, by 48 percent. She noted that it was too soon to tell whether these patterns would last.
Regarding liability claims, Ms. Garcia said they had decreased by 14 percent in police-related
claims. She said vehicle damage claims had decreased fi.om 371 to 307. Regarding costs incurred
by department, she said the police department costs decreased from $267,000 to $261,000. She said
Wastewater's costs increased from $62,009 to $106,008, and Water's costs increased from $23,000
to $83,468. Finally, she said Fire's cost went $21,006 to $52,001.
Ms. Garcia reported on the measures being taken in Workers' Comp and General Liability
to prevent accidents. She discussed the following accident prevention activities: training;
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Minutes - Regular Council Meeting
December 9, 2003 - Page 16
assessments; inspection; analysis; and wellness.
Mr. McDaniel provided an update on financial information for the Risk Management fund.
He said each of the three sections of the fund - Health, Liability and Workers' Compensation, were
doing well at this time. However, once long-term liability is included in the numbers, deficits begin
to be seen.
On Health Benefits, forecasts from internal review and third party actuary anticipated $18.1
million in claims costs for FY 2003. He said the year end actual cost was $17.3 million, or $800,000
better than forecast. He said the year end audit adjustment for FY 03 and prior year was $2.95
million.
Regarding Workers' Compensation, Mr. McDaniel stated that the addition of the incurred-
but-not-reported number to the figures caused a deficit in the current year. He said this was the case
despite the decreases in injuries in Workers's Comp because most of the numbers were fi.om claims
incurred from 1996 to 2000, not most recently. He said the projection is to have a $603,195 gain
in income at the end of this year, which will whittle away at the accumulated $2.4 million deficit
from FY 2003.
Finally, Mr. McDaniel discussed the General Liability fund. He noted that in FY 2003, there
was a gain of $341,929 and another projected gain of $331,443 in FY 2004. The accumulated
deficit, again related to the incurred-but-not-reported number, will also be whittled away.
Mr. Kinnison asked how the year-end-audit adjustment figure of $2.9 million affected the
general fund year end balance. Mr. McDaniel replied that the general fund comprised about 60
percent of that number. He said staffis predicting a net gain in the fund balance, albeit rather small.
Mr. Kinnison asked if any of this money was rolling forward in future years. Mr. McDaniel replied
negatively. Mr. Kinnison asked when the draft audited financial statement would be distributed to
the Council. Mr. McDaniel replied that the goal was to have it ready by the end of the month.
Mayor Neal called for petitions fi.om the audience. Mr. John Arguell, 4940 Shadowbenc[,
spoke regarding his concerns about the transition to Benefit Advantage, the city's new retiree
insurance administrator. Mr. Danny Noyola spoke regarding street maintenance and services.
Mayor Neal called for a brief recess.
The Council returned from recess. Mayor Neal referred to Item 29, and a motion was made,
seconded and passed to open the public heating on the following zoning case:
Case No. 1003-01, John Butler: A change of zoning from an "F-R" Farm-Rural District to
a "B-4" General Business District on Flour Bluff and Encinal Farm and Garden Tracts, being
1.953 acres out of the east one-half of Lot 14, Section 21, located north of Yorktown
Boulevard and 1,700 feet east of Cimarron Road.
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Minutes - Regular Council Meeting
December 9, 2003 - Page 17
City Secretary Chapa said the Planning Commission recommended denial of the "B-4"
District and in lieu thereof, approval of a "B-l" Neighborhood Business District with a Special
Permit for a mini-storage facility subject to five (5) conditions. He said staff recommended approval
of a "B-4" General Business District. He said the ordinance before them reflected the
recommendation of the Planning Commission.
Mr. Gunning said the applicant requested a change in zoning to develop the property as a
mini-storage facility. He said the property to the north, east and west is zoned an "F-R" District and
is primarily undeveloped with the exception of a single-family residence to the west. He said access
to the subject property was proposed along Yorktown Boulevard, an arterial. He said the mini-
storage facility would generate a low volume of traffic with minimal impact to the adjacent street
system. He noted that the property owner owned a large tract of land in the area.
Mr. Gunning said the Planning Commission felt that because of the sign regulations in the
"B-4" District, the "B- 1" district with a special permit would be preferable because of the proximity
of the property to a local park. He said the applicant felt that the "B-l" District with the special
permit would allow him adequate signage for his facility.
Mr. John Butler, 6652 Yorktown, said he would accept the Planning Commission's
recommendation, but would prefer staff's recommendation. He said he did not have plans to use
large signs for the business. He told the Council that the tract of land had been in his family for 80
years.
Mayor Neal made a motion to close the public hearing, seconded by Mr. Scott, and it passed.
Mr. Kinnison asked what uses the "B-4" zoning would allow. Mr. Gunning replied that general
commercial, offices, auto sales and auto parts, and entertainment uses. Mr. Chesney asked if staff
thought it was proper to have a "B-4" with this type of signage. Mr. Gunning replied that he was
concerned about signage in the "B-4", but considering what was existing in the area, he said it would
almost be discriminatory against the applicant to not recommend a "B-3" or "B-4". He said the rest
of the property in the area would probably go "B-3" or "B-4" eventually. He said the city needed
to deal with sign issues in the "B4" in the Unified Development Code.
Mr. Kiunison made a motion to amend the ordinance to allow for "B-4" usage as requested
by the applicant. Mr. Chesney seconded the motion. Mr. Chapa noted that to overturn the Planning
Commission's recommendation, the Council would need a majority plus one vote. City Secretary
Chapa polled the Council for their votes as follows:
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Minutes - Regular Council Meeting
December 9, 2003 - Page 18
29.
ORDINANCE NO. 025572
Amending the Zoning Ordinance upon application by John Butler by changing the zoning
map in reference to 1.953 acres out of Lot 14, Section 21, Flour Bluffand Encinal Farm and
Garden Tracts, from "F-R" Farm-Rural District to "B-4" General Business District;
amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison,
Noyola and Scott, voting "Aye"; Cooper was absent.
Mayor Neal deviated from the agenda and opened discussion on Item 34 regarding the
Multipurpose Arena and Convention Center food service equipment. Mr. Kevin Stowers, Assistant
Director of Engineering, said staff had received 8 bids for this equipment. They received an
excellent price of $1.219 million. He said the estimated cost of the equipment was $1,400,000. He
said the item was competitively bid as required by state statute, on a sealed bid basis. He said staff
recommended the award to KIS-SSI, LLC accordingly.
Mayor Neal asked for public comment. Mr. Dwayne Miller with Mission Restaurants said
his company was the second lowest bid. He questioned the results of the bid process, saying that
the city chose to award to KIS-SSI despite the fact that they weren't a local business. He said his
company was well-qualified for the job and could service equipment more quickly. He also quoted
a statement in the bid in the Special Provisions section which stated that "the city reserves the right
to reject any and all bids, to waive irregularities, and to accept the bid which in the city's opinion
is the most advantageous to the city and in the best interest of the public." Thus, he felt that Mission
Restaurants was the right choice for the job.
Mayor Neal asked why Mission Restaurants showed a San Antonio address on the bid. Mr.
Miller replied that there corporate office was in San Antonio, but they had a local office in town.
Mr. Kinnison asked if this bid was issued on a strict, Iow-bid basis. Mr. Stowers replied
affirmatively, saying that staff had few alternatives by law when bidding for equipment purchases
of this type. By law, they had to go with the lowest bid. Mr. Scott expressed his concern that the
statement in the bid that Mr. Miller had read aloud did not seem to say this. Mr. Scott said that the
very last statement, regarding the ability to chose the bid most advantageous to the city, was
especially misleading. He also expressed concern that the Houston-based KIS-SSI would not be
able to make service calls quickly.
Mr. Chesney expressed his concern about the city's inability to award more bids based on
best value, not low bid. He said the perception was that the city was against awarding bids to local
businesses. Mr. Stowers replied that he was aware that there was local interest in this bid, and staff
had structured the bid specifications to allow them to bid competitively. Mr. Chesney asked about
the statement that Mr. Miller had read, and asked when the city used this right. Mr. Escobar replied
that if there was a small mathematical error in the proposal itself, for example, staff would allow the
bid to stand instead of reject the bid because it was in the best interests in the city. Mr. Chesney
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Minutes - Regular Council Meeting
December 9, 2003 - Page 19
commented that he felt the city should lobby the legislature to allow larger cities to award more bids
on best value. Mr. Kelly asked what would happen if the Council rejected this bid. Mr. Stowers
replied that it would delay the preparations for the arena, and the equipment would have to be re-bid.
Mr. Kelly questioned what benefit there would be to re-bidding if, by law, they would have
to use exactly the same process and would have little control over the results. Mr. Kinnison asked
if rejecting this bid would affect the city's ability to issue bids for other projects. Mr. Escobar
replied that it would damage the city's credibility if they rejected a bid award even though the bidder
had won fairly. City Secretary Chapa polled the Council for their votes as follows:
34. MOTION NO. 2003-433
Motion authorizing the City Manager or his designee to execute a contract with KIS-SSI,
LLC, Joint Venture dba Kitchen Installation Services/Stafford-Smith, Inc., of Houston,
Texas in the amount of $1,219,122 for the Multi-Purpose Arena and Convention Center
Food Service Equipment.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened discussion on Item 37 regarding a variance request for Get Happy, LLC
to operate an on-premises alcoholic beverages establishment. City Manager Noe stated that the
applicant was requesting that the Council waive the 500-foot rule regarding the distance between
an alcoholic beverage establishment and a church. Mr. Alan Yaffe, representing Mr. Frank Skelton,
presented his case. Mr. Colmenero made a motion to grant the variance, seconded by Mr. Noyola,
and passed. City Secretary Chapa polled the Council for their votes as follows:
37. RESOLUTION NO. 025575
Resolution to grant a variance, under Section 4-5(F) of the Code of Ordinances, City of
Corpus Christi to Get Happy, LLC to operate an on premises alcoholic beverage
establishment located at 526 South Staples Street.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal deviated from the agenda and referred to the next presentation, Item 27 on the
Community Youth Development (78415) Steering Committee. Mr. David Ondrias, Director of Park
and Recreation, provided a brief update on the committee. Mr. Ondrias stated that the program was
established by the 74th State Legislature in an effort to reduce youth crime. He said youth ages 17
and younger and their families, living in or attending school in 78415 were eligible to received CYD
services, free of charge.
Mr. Ondrias provided the following information on the steering committee: consists of 11
members; two youth serve on the committee; at least 51 percent of the committee must live in
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Minutes - Regular Council Meeting
December 9, 2003 - Page 20
78415; reviews service provider proposals; and recommends service providers to the City Council.
Regarding the CYD service providers, Mr. Ondr/as provided the following information: enter
into a contractual agreement with the city, as a sub-contractor, to provide CYD services fi'ee to all
eligible participants; receive reimbursement for budgeted expenditures related to CYD services
provided; and must provide an annual self evaluation at conclusion of the contract year. Mr. Ondrias
said the self-evaluation addresses the overall accomplishments of the program during the fiscal year.
Mr. Ondrias noted that it had not been customary in the past to provide the Council with a copy of
the annual report, but he would do so if they wished.
Mr. Ondrias provided a list of the following CYD subcontractors for FY 2001- 2002: Boys
and Girls Club; Communities in Schools; Park and Recreation; and Youth Odyssey. For FY 2002-
2003, he said Communities in Schools, Park and Recreation and Youth Odyssey were the
subcontractors. Finally, for FY 2003-04, he said that the Boys and Girls Club, Communities in
Schools, Park and Recreation and the YMCA were the subcontractors.
Mr. Ondrias provided information on Communities in Schools, Park and Recreation and the
Youth Odyssey programs. He said Communities in Schools was the largest provider that they
funded and has been historically. He noted that 98.2 percent of case managed students in FY 2001-
02 improved in academics, attendance and behavior. In FY 2002-03, he said the number was 98.9
percent. Regarding Park and Recreation, he noted that participation in the program had increased
this year from 3,833 in FY 2001-02 to 4,689 in FY 2002-03. Regarding the Youth Odyssey
program, Mr. Ondrias noted that based on pre and post testing of participants, 82 pement of students
in FY 2001-02 and 91 percent in FY 2002-03 stated that they leamed communication skills in this
program, among other statistics.
Mr. Ondrias provided information on the Community Needs Assessment Survey for FY
2002-03. He said the survey question was asked, "Over the past few years, would you say that
living in the 78415 ZIP code has become: better, worse, about the same, or don't know". He noted
that in FY 2002-03, 42 percent of the respondents felt that it had become better, compared with 26
percent in FY 2001-02. Mr. Ondrias concluded by saying that the funding for this program was
reduced this year by the state due to budget constraints, but the state did choose to continue the
program.
Mr. Kelly expressed his concern that there be more measurable evidence that the program
has actually had an beneficial effect on the area. A discussion ensued over whether the results were
measurable. Mayor Neal commented that the Council was informed in 1997 or 1998 that the
program was neighborhood-driven and the board decided how the money was going to be spent.
He said that the city had no direct input on how the money would be spent. He said the Council's
main contribution was appointing the committee members, and conveying their interest in seeing
that the program was effective. He said the program has evolved over the years to spend the monies
in effective ways.
Mayor Neal called for a brief recess to hold the Corpus Christi Industrial Development
Corporation Meeting.
Minutes - Regular Council Meeting
December 9, 2003 - Page 21
The Council returned from recess, and Mayor Neal opened discussion on Item 30. A motion
was made, seconded and passed to open the public hearing on the following item:
30.a.
Public hearing to consider amending the 1982 Storm Drainage Plan for the area west of
Calallen (Five Points) to transfer about 8 acres fi.om Basin "E" to an unidentified basin
neighboring on the east.
Assistant City Manager Margie Rose stated that a developer was interested in developing
single-family subdivision within a 23-acre site located in Calallen, north of Northwest Blvd. and east
of River Hills Drive. She said the proposed subdivision was called New River Hills. She said the
Storm Water Master Plan requires that the drainage go in a particular area. If there were any
changes to the plan, it would require an amendment to the plan. She said the developer was
requesting to divert the drainage into another area, so the ordinance requires that the request go to
the Planning Commission and the City Council. She said the Planning Commission approved the
request on December 3, 2003.
Mayor Neal asked for public comment, and there was none. A motion was made, seconded
and passed to close the public hearing. Mr. Kelly asked if the diversion of the water would not flood
the homes near Hazel Bazemore Park. As an aside, Mr. Kelly asked if the development of the
subdivision would divert water away fi.om Fairway and improve their situation. Mr. Escobar replied
affirmatively. Mr. Kelly asked staff to inform a constituent who had concerns regarding this matter.
City Secretary Chapa polled the Council for their votes as follows:
30.b.
Ordinance amending the 1982 Storm Drainage Master Plan for the area west of Calallen
(Five Points) to transfer about 8 acres fi.om Basin "E" to an unidentified basin neighboring
on the east as better described in the attached exhibit.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting
"Aye"; Kiunison was absent.
Mayor Neal opened discussion on Item 33, regarding the Home Road Street Improvement
Project. There were no comments fi.om the audience. City Secretary Chapa polled the Council for
their votes:
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Minutes - Regular Council Meeting
December 9, 2003 - Page 22
33.a. ORDINANCE NO. 025574
Ordinance appropriating $11,356.56 in unappropriated interest earnings fi.om Street 1990
Capital Improvement Program Fund No. 3534; and appropriating $11,350.48 fi.om the
unappropriated interest earnings in Street 1995 Capital Improvement Program Fund No.
3537; and appropriating $233,960.46 fi.om the unappropriated interest earnings in Street
1995B Capital Improvement Program Fund No. 3538; and appropriating $160,642.35 fi.om
the unappropriated interest earnings in Street 2001 Capital Improvement Program Fund No.
3540 for street improvements to Home Road fi.om Ayers Street to Kostoryz Road; and
amending the Capital Budget FY 2002-2003 adopted by Ordinance No. 025144 by
increasing appropriations by $417,309.85. (BOND ISSUE 2000)
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting
"Aye"; Kiunison was absent.
33.b. MOTIONNO. 2003-432
Motion authorizing the City Manager or his designee to execute a construction contract with
Haas-Anderson Construction Company, of Corpus Christi, Texas in the amount of
$2,999,999.99 for Home Road fi'om Ayers Street to Kostoryz Road Street Improvement
Project. (BOND ISSUE 2000)
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Kinnison was absent.
Mayor Neal opened discussion on Item 35 regarding a engineering services contract for
Parking, Roadway and Traffic Study for the Minor League Baseball Stadium. Mr. Chapa announced
that Mr. Kelly would be abstaining from the vote and discussion on this item. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
35. MOTION NO. 2003-434
Motion authorizing the City Manager or his designee to execute an engineering services
contract with Wilbur Smith Associates, Inc., of Dallas, Texas in an amount not to exceed
$32,500 for Parking, Roadway, and Traffic Study for the Professional Minor League
Baseball Stadium.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Noyola and Scott, voting "Aye"; Kelly abstained; Kinnison was
absent.
Mayor Neal opened discussion on Item 36 regarding amendments to the city's procedures
in the Utilities Business Office. Mr. McDaniel introduced Ms. Michelle Workman, the new
Utilities Business Office (UBO) Manager. He said that since September 8, 2003, the UBO has
significantly enhanced collection efforts and the results have been tremendous. Additional
temporary staff was hired to process accounts eligible for disconnection for non-payment, resulting
-22-
Minutes - Regular Council Meeting
December 9, 2003 - Page 23
in a marked increase in disconnections and reconnects after an account was brought current. He said
the number of disconnects for nonpayment have been doubled. He also said that staffinitiated more
regular service checks on accounts offover 7 days.
Mr. McDaniel noted that the value of reconnect orders has amounted to $1,039,839 in one
month. He said the total had historically been about $200,000. He said that on September 8, there
were approximately $3 million in active accounts receivable. On December 1, he said the accounts
totaled half that amount, or $1.482 million. Regarding 2003 inactive account collection activity, Mr.
McDaniel stated that the city has written offabout $2,000,000 over the last three years.
Mr. McDaniel presented the following recommended billing policy changes: adjust billing
cycle, extending it to 21 days from 15 days; and require a deposit more regularly in the event of poor
credit. He also suggested changing the late fee from $5.00 on the 18th day to 5 percent of the
outstanding amount on the 302 day. Most importantly, Mr. McDaniel suggested that the Council
shorten the disconnect for nonpayment from 60 days to 45 days.
Regarding deposits, Mr. McDaniel provided the following recommended deposit practice:
existing accounts - charge if disconnected for non-payment or tampering; new accounts - require if
have prior poor payment histo~'; amount - 1/6th the annual bill or two times the monthly average;
and refund - automatically, without interest after 12 months of good credit history.
To promote greater customer convenience, Mr. McDaniel suggested the following practices -
implement average billing; online payment and query; and automatic draft. Mr. McDaniel said the
new average billing would be composed of the following elements: eligible if have 12 months of
good credit history; use average of the most recent 12 monthly utility bills; customer initially billed
the average billing amount, and the difference shall be deferred; and each month, approximately ten
percent of the deferred amount applied to the customer's next monthly average bill.
Mayor Neal if there were any criminal penalties connected with tampering. Ms. Workman
replied that a section of the Texas Penal Code addresses tampering and unauthorized usage.
However, she said staff was not pressing charges or issuing citations at this time because legal
counsel has advised that it would be difficult to prosecute unless there was an eyewitness. A
discussion ensued over how the city could press charges against these individuals. City Manager
Noe stated that the city could institute an administrative charge as an additional reconnect fee when
tampering was involved. Mr. McDaniel added that this charge was included in the amendment.
Mayor Neal asked what effect writing off $2 million in delinquent accounts had on the
budget. Mr. McDaniel said it had an adverse effect on the budget, requiring higher rates for the
same services. There were no comments from the audience. City Secretary Chapa polled the
Council for their votes as follows:
-23-
Minutes - Regular Council Meeting
December 9, 2003 - Page 24
36. FIRST READING ORDINANCE
Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 to establish
procedures regarding security deposit, delinquent payments, late fees, and average billing
for the Utilities Business Office; and providing for penalties.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Chesney
and Kinnison were absent.
Mayor Neal opened discussion on Item 38, an amendment to the code of ordinances
regarding the location of on-premise alcoholic beverage establishments. Acting City Attorney
Reining stated that these amendments would update the ordinance to reflect current state law. He
said the amendment would also create a mechanism for notifying the residents within 300 feet about
the request for variance. There were no comments fi.om the audience. City Secretary Chapa polled
the Council for their votes as follows:
38. FIRST READING ORDINANCE
Amending Section 4-5, Code of Ordinances, City of Corpus Christi regarding the location
of establishments serving on-premise alcoholic beverages; and providing for penalties.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Colmenero, Cooper, Garrett, Kelly, Noyola and Scott, voting "Aye"; Chesney
and Kinnison were absent.
Mayor Neal called for the City Manager's report. City Manager Noe announced that
tomorrow at 11:00 a.m. at the Corpus Christi Cathedral, the funeral of Fire Captain Larry Gonzalez
would be held. He also announced that there would be several baseball related items on the agenda
next week, including a land acquisition and a number of MOU amendments. He said the city would
be publishing an Annual Report for 2003 in January. He also reported that last Friday, the three-
week time period for the Neighborhood Improvement Program offMorgan with great success. He
thanked Yvonne Haag and staff for their work. Finally, he reminded the Council about the Career
Development Holiday Social taking place this Friday at 6:30 p.m. at the Garden Senior Center.
Mayor Neal called for Council concerns and reports. Mayor Neal asked if the ordinance on
abandoned vehicles applied to commemial property as well. He mentioned a site near the old Kaffie
lumberyard that needed attention. He said there was a possibility that he and City Manager Noe
would be in Washington D.C. on December 16 to accept an All-American City Award from
President Bush. He said he may ask that the December 16 council meeting begin at 9:00 a.m. to
complete most of the agenda. Mayor Neal also asked that the Pearl Harbor Survivors group's
request to change the name of the Harbor Bridge be put on the December 16 agenda for discussion.
Finally, Mayor Neal spoke regarding a complimentary letter from a gentleman regarding his
experience holding a World War II reunion. He also thanked the CVB for their efforts in this matter.
-24-
Minutes - Regular Council Meeting
December 9, 2003 - Page 25
Mr. Garrett asked that staff schedule a report on the activities of the Municipal Court in
January. Mr. Noyola asked for a status on citizen requests for speed humps on Tiger Lane and in
the Molina area. Mr. Escobar replied that there were being reviewed now. He also asked if there
was an ordinance on 18-wheelers parked on the side of the road near a commercial area. Acting City
Attorney Reining stated that there was an ordinance regulating this. Mr. Noyola asked ifa Town
Hall meeting to be held at West Oso Elementary of January 5 had been confirmed. Ms. Cooper
replied that she was in the process of doing so.
Mr. Scott asked that staffschedule a presentation on the Sister City trip to Yokosuka, Japan
soon. Mr. Colmenero asked if there was something that could be done about the long lines at the
Health Department for flu shots. Mr. Noe asked Mr. Colmenero to send him something in writing
with more details and he would respond. Mr. Colmenero also asked about a problem with an
overgrowth of water lilies in Lake Corpus Christi. Assistant City Manager Massey replied that the
city worked with the Texas Parks and Wildlife to control this problem. He said he would provide
an update on their current efforts.
Mr. Kelly spoke regarding the town hall meeting at Oveal Williams Senior Center yesterday.
He said the neighborhood confirmed at that meeting that the clean-ups in the northside area had been
effective. He also mentioned that the Calallen football team came one game short of going to state.
He thanked everyone who attended the pep rally. He also mentioned that the Corpus Christi Concert
Ballet held "The Nutcracker" last weekend, noting that his daughter Kassie Kelly and Council
Member Cooper had performed in the production. He also asked Mr. Noe to speak with him about
affordable housing later.
Ms. Cooper said she had received a call from a constituent about the recycling center at the
H-E-B on Alameda Street, saying that it was overflowing. She thanked staff for cleaning it up, but
asked what could be done to prevent this. Assistant City Manager Massey replied that historically,
there was a problem at the center during Thanksgiving weekend because of the short work week.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 7:45 p.m. on December 9, 2003.
-25-
2
ARTS AND CULTURAL COMMISSION - Two (2) vacancies with terms to 9-01-05 and 9-01-
06 representing the following categories: 1 - Economic Development and 1 - Marketing.
(Appointed by the Mayor subject to confirmation by the Council)
COMPOSITION: 17 members appointed by the Mayor subject to confn'mation by the Council
for three-year terms to provide advice on beautification and cultural development of the City. The
Commission shall represent the following categories: (2) marketing representatives; (2) Economic
DevelopmentFrourism representatives; (2) Public Space/Public Art representatives; (2)
Youth/Education representatives; and one representative from Music, Visual Art, Dance, Drama,
Architecture, Texas A&M University, Del Mar College, Civic Leader, and a Business
development group such as the Alliance, and the Hispanic Chamber of Commerce. The mayor
may solicit suggested nominations for such appointments fi'om the respective cultural
organizations for the non-lay members. The Commission may organize and elect a Chairman
annually and adopt such administrative procedures as are necessary to accomplish its purposes.
MEMBERS TERM
Deborah Fullerton (Visual Art), Chair 9-01-04
Linda Avila (Texas A&M-CC), Vice-Chair 9-01-06
Chuck Anastos (Architecture) 9-01-05
Armando Camina (Public Art / Public Space) 9-01-05
Elia Gutierrez (Civic Leader) 9-01-04
VACANT (Marketing) 9-01-06
James Jones (Business Development) 9-01-06
Rose Zuniga (Dance) 9-01-04
Gustavo Valadez Ortiz (Education/Youth) 9-01-04
VACANT (Economic Dev./Tourism) 9-01-05
DeAnn Gould-Lancaster (Public Art/Public Space) 9-01-06
Anne Stewart (Del Mar College) 9-01-05
Lynda A.J. Jones (Education/Youth) 9-01-06
J. Don Luna (Drama) 9-01-04
Marilyn Spencer (Economic Dev./Tourism) 9-01-06
Colin Sykes (Music) 9-01-04
Daiquiri Richard (Marketing) 9-01-06
ORIGINAL
APPTD. DATE
8-24-99
2-22-00
12-2-00
10-08-02
2-22-00
6-17-03
11-11-03
11-11-03
11-11-03
11-13-01
6-17-03
6-17-03
11-11-03
12-12-00
10-08-02
INDIVIDUALS EXPRESSING INTEREST
David Barganski
Financial Consultant, A.G. Edwards. Graduate of
Sinton High School with Honors. B.B.A. with
Finance Major from Texas A&M - College Station.
(6-12-03)(Econornlc DevelopmenO
JudithAnnDuBose
Business Development Manager, Advanced Acoustic
Concepts. Received a B.A. in Industrial Management
and Economics and M.A. in Industrial Management.
Received the Business Woman of the Year 1987.
-29-
Daniel Garza
Chad Luhan
Coeta Mongomery
Laura Ann Pitt
Laura Spear Smith
Jennifer Anne Taylor
Activities include: Marine Military Academy,
Judo Executive Board and Parent's Club. (09-05-
03)(Economic DevelopmenO
Financial Officer, Texas Attorney General. Received
a B.A. in English and minor in Political Science.
President of EdgeWorks Film Festival. (9-26-03)
(Economic DevelopmenO
Project Controls, Bay Ltd. B.S. in Environmental
Biology from Texas A & M University - Corpus
Christi. Pursing a Master's in Business Administration.
Member of the Padre Island Business Association and
a Youth Minister at St. Andrews by the Sea. Prior
involvement in C.C.Yes Surfers for Packery Channel
and Beautify Corpus Christi. (4-09-03)(Economic
DevelopmenO
Al)CAP Director/Marketing, University of Incarnate
Word. B.B.A. in Human Resources and M.S. in
Organizational Training and Development at Texas A
& M University - Corpus Christi. Member of the
Corpus Christi Chamber of Commerce. (10-15. ~
(Marketing))
Director of Sales & Marketing, Congressman Solomon
P. ortiz International Center. Received a B.A. from
the Univeristy of Evansville. Activities include:
Leadership Corpus Christi Class XXXII, President of
Hospitality Sales and Marketing Association,
Ambassador for Corpus Christi Chamber of
Commerce, member of the Hispanic Chamber,
Convention and Visitors Bureau Partner Committee
and Executive Director for the March of Dimes. (10-
21-03) (Marketing)
Realtor, Coldwell Banker - Pacesetter Steel. Received
B.A. fi.om the University of Texas at Austin. Past
activities include: President of TBE Sisterhood,
President of TBE, President of Concert Ballet Guild.
(6-23-03) (Economic DevelopmenO
Executive Director, Family Outreach. M.A. in Arts
Policy and Administration, Ohio State University;
B.A. in Art History, University of South Carolin[~.
Served as a grant panelist for the Idaho Commis
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on the Arts (ICA) reviewing and evaluat'mg grant
applications. Has ten years experience in project
managc~caent, grant writing and corporate and
foundation relations. (8-12-02) (Economic
DevelopmenO
COMMUNITY YOUTH DEVELOPMENT (78415) STEERING COMMITTI~.F. - Thre
vacancies with terms to 8-31-04 and 8-31-05 representing the following categories: 1 - Regular
member and 2 - Youth.
DUTIES: To advise the City Council on a periodic basis, as requested by the City Council,
regarding the progress of the Community Youth Development Program and make
recommendations to the City Council on items pertaining to the Community Youth Development
Program.
COMPOSITION: Eleven (11) voting members with two-year, staggered terms. The officers of
the committee shall be residents of the 78415 zip code area. Terms are for two years. State
guidelines require that at least 51% of the collaborative steering committee members must be
community residents or people closely connected to the community who are not social service
providers. Two of the voting members shall be youth involved in the Youth Action Committee.
State guidelines also require that no members of the committee may be related to each other.
State guidelines also require that no individual who is employed by the Fiscal Agent {City
of Corpus Christi) or any organization submitting a proposal for funding through the CYD
Program~ or their immediate family members~ may serve on the committee. An expiration
date for this committee was set as August 31, 2003, unless funds for the program end sooner.
MEMBER TERM
ORIGINAL
APPTD. DATE
Verla Gene Varino (78415 res.),Chalr 8-31-04
Rafael Alvarez (78415 Res.), Vice-Chair 8-31-05
Dick Leonard 8-31-04
Lynda Jean Richter (78415 ResidenO 8-31-04
*Michelle Thomas 8-31-05
Andrea Walter 8-31-05
Coretta Graham 8-31-05
Cynthia Rodriguez (78415 ResidenO 8-31-04
Emmelinda Figueroa (78415 ResidenO 8-31-04
*Katie Childs (Youth) 8-31-05
*Vanessa Reynolds (Youth) 8-31-04
9-12-00
2-13-01
4-25-00
8-19-03
8-19-03
8-21-01
4-29-03
12-17-02
8-27-02
4-29-03
4-29-03
*Resigned
(Note: The CommuniO~ Youth Development (78415) Program Steering Committee is
recommending the appointment of Brittani Booker and Erica Tello to fill the Youth vacancies.
Youth members must be active in the Youth ~4ction Committee and attend a school in the 78415
area.)
-32-
f
INDIVIDUALS EXPRESSING INTEREST
Bfittani Booker
Sophomore, Mary Carroll High School. Member of the
National Honor Roll, Texas Scholar and Who's Who Among
American High School Students. (11-14-03) (Youth)
Daniel Ramos
Vocational Coach, Corpus Christi State School. Actively
involved as an Assistant Coach for Special Olympics.
Received the Employee of the Month Award. (10-10-03)
(Regular Member)
Erica Tello
Sophomore, Mary Carroll High School. Actively involved in
the Texas Beach Clean Up as a volunteer. (11-14-03)
(Youth)
-33-
c. CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION:
(2) vacancies with three-year terms to 1-01-07.
DUTIES: To perform as an advisory board to the City Council and to investigate and
recommend to the Council such projects as in its opinion would be advantageous to the future
growth of the City and to assist the City in the establishment and location of industries.
COMPOSITION: Fifteen (15) directors, four (4) directors appointed by the City Council for
three-year staggered terms. The remainder of the Board shall be comprised of not more than six
(6) persons elected by the Corporation's membership in accordance with its bylaws, two (2)
appointed by the Port and one (1) appointed by the County; the Mayor and County Judge shall
also serve as ex-officio, voting directors. The City Manager shall serve as an ex-officio, non-
voting member. A representative from San Patricio County shall serve a one-year term. The
directors shall serve three-year terms staggered as provided in the Corporation's bylaws;
provided that the term of office of any director who is a public official shall coincide with his or
her term of public office.
MEMBERS, TERNS.
ORIGINAL
APPTD. DATE
Ray Hayes (Membership), Chairman 1-06
*Edward Martin (City) 1-01-04
Gloria Perez (City) 1-01-06
*Joe Elizondo (City) 1-01-04
Gene Guernsey (City) 1-01-05
Bill Dodge (Port Authority) 1-04
Bernard Paulson (Port Authority) 1-06
Jim Bamette (Membership) 1-06
A1 Jones (Membership) 1-06
Jacob Mufioz (Membership) 1-04
George Kain (Membership) 1-04
Sam L. Susser (Membership) 1-06
Ted Puckett (County) 1-05
Rep. Judy Hawley (San Patricio) 1-04
County Judge Term of office
Mayor Term of office
City Manager Ex-Officio, Nonvoting
02-22-00
12-11-01
12-10-02
12-10-02
*Seeking reappointment
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS. NO. % OF ATTENDANCE
NAME THIS TERM PRESENT LAST TERM YEAR
Edward Martin 12 11 92%
Joe Elizondo 12 11 92%
-34-
OTHER INDMDUALS EXPRESSING INTEREST
J.C. Ayala
Owner/Travel Agent, Let's Travel. Current member
of the Chamber of Commerce and Hispanic Chamber
of Commerce. Graduate of Mexico Tourismo. (11-
H-OD
Jane Bakos
Vice-President, Chrisms Spohn Health System.
Master's degree in Healthcare Administration,
Arizona State University. Professional and
community activities include: American College of
Healthcare Executives, Texas Hospital Association,
YMCA Board member, and American Heart
Association Regional Chairperson. Named Corporate
Business Leader of the Year by YMCA "Women in
Careers", 2001. (11-26-02)
Kent Byus, Ph.D.
Associate Professor in the College of Business, Texas
A&M-Corpus Christi. Ph.D. from New Mexico State
University and M.B.A. form Texas Tech University.
Recipient of the Volunteer of the Year Award in 2000
from the Greater Muskegee Area Chamber of
Commerce, Muskogee, Oklahama. Strategic planning
consultant to Northeastern State Unversity,
Tahlequah, Oklahoma. (10-18-02)
Valerie Vargas Ballesteros
Financial Advisor, Merrill Lynch. B.B.A. from the
University of the Incarnate Word - Del Mar College.
Community activities include: member of Hispanic
Chamber of Commerce, the ARK, IWA Marketing
Committee and volunteer for the Instituto de Culturas
Hispanicas. Recipient of Centennial Scholar Award
from Incarnate Word College. (8-07-02)
J. Bradley Clarke
Self-employed, Real Estate Sales. (8-06-01)
Lena Coleman
Owner, Lena's Business Management & Consultants.
B.A. in Business Administration; M.A., Education
and J.D. Member of Texas Association of Collegiate
Testing Personnel and Texas State Bar Association,
Census 2000 Complete Count Committee. Past
distinctions include: Ford Foundation Scholarship for
Academic Recognition and Earl Warren Legal
Foundation Scholarship. (2-18-00)
-35-
Philip A. Farina
Eddie Gamez
Herbie Garcia, Jr.
Mike T. Johnson
William Koprowski, J.D., Ph.D.
Randy Lara
Federal Police/Training Officer, U.S. Department of
Defense. Received Associates in Business
Administration and Applied Technology fi-om
Gwinnett Technical College and Bachelor in Business
Administration fi.om Texas A & M University.
Member of the American Society of Law
Enforcement Training. (01-10-03)
Refinery Accounting Superintendent, Valero Refining
Company. B.B.A. in Accounting fi.om Corpus Christi
State University. Licensed C.P.A. since 1982.
Community activities include: Leadership Corpus
Christi Class 31, Valero Volunteer Council President,
and former member of Crime Control and Prevention
District board of directors. (10-28-02)
President, Netreadygo.com, Inc. M.B.A. and B.B.A.
in MIS fi.om Texas A&M-Corpus Christi. Member of
Hispanic Chamber of Commerce, LULAC and Who's
Who in Information Systems Processing. Employed
as a Senior Planner with the City of Houston and
Manager in Texas Govemor's Office during Richards
administration. Member of city's Ethics
Commission. (2-13-00)
Administrator, Chrisms Spohn Hospital South. Vice-
President, Chrisms Spohn Health System. M.P.A. in
Public Administration, Texas Tech University.
Certified Registered Nurse and Licensed Nursing
Facility Administrator. Professional activities
include: Diplomat, American College of Healthcare
Executives - Regional Advisory Board and American
College of Healthcare Administrators. (4-01-02)
Professor & Program Manager of Health
Administration, Texas A&M University-Corpus
Christi. J.D., Urdversity of South Carolina; Ph.D.,
Temple University, M.S. fi-om University of Southern
California; B.A. fi-om Temple University. Member of
Texas Healthcare Information Council and Board
Member of Healthcare Financial Management
Association. Special awards received include:
Fulbright scholar. (7-25-01)
Marketing Specialist, Driscoll Children's Hospital.
Member of Young Professionals Club, Corpus Christi
-36-
Ed A. Lopez
Chad Luhan
Glenn E. Lyons
Robyn Maynard
Govind Nadkarni
Chamber of Commerce Ambassador, and Koch
Coastal Bend Community Advisory Council. (9-13-
00)
Executive Vice-President / Chief Lending Officer,
The Bank of Alice. B.B.A. in Finance, Texas A&I
University; Graduate School of Banking, University
of Wisconsin at Madison. Community activities
include: former member of the Coastal Bend
Workforce Development Corporation, Housing
Authority board and Boys and Girls Club; current
member of Hispanic Chamber and Texas Appraisal
and Licensing Board. (7-22-02)
Project Controls, Bay Ltd. B.S. in Environmental
Biology fi:om Texas A & M University- Corpus
Christi. Pursing a Master's in Business
Administration. Member of the Padre Island Business
Association and a Youth Minister at St. Andrews by
the Sea. Prior involvement in C.C.Yes Suffers for
Packery Channel and Beautify Corpus Christi. (4-09-
O3)
Area of expertise - Development and marketing.
Director of Padre Island Business Association Board
and Director of the Karen E. Henry Foundation.
Served ten years in United States Air Force Security
Service, Top Secret security clearance. (2-11-00)
Process Improvement Manager, Celanese Bishop
Plant. B.S. in Chemical Engineering fi:om Purdue
University. Member of Leadership at Celanese
facility which belongs to the P.I.C.C. and has been in
the industry for 15 years. (10-04-00)
Owner, Govind and Associates. B.S. in Civil
Engineering, Guajarat University; M.S. in Civil
Engineering, University of Southem California.
Member of National Society of Professional
Engineers and American Society of Civil Engineers.
Graduate of Leadership Corpus Christi, Class 13.
Received National Outstanding Businessman of the
Year Award from Texas Association of Minority
Business Enterprises. (12-06-01)
-37-
Richard Poremba
Z. Paul Reynolds
James Robbins
Jane H. Stanford, Ph.D.
JohnS. Taylor
Manuel Ugues
Principal, Naismith Engineering. B.S. in Civil
Engineering and M.B.A. in Accounting. Member of
Hispanic Chamber of Commerce Board of Directors
and Pacific Southwest Bank board. Previous service
includes Co-Chair of Alliance Business Recruitment
and Retention Committee. (2-16-00)
Assistant Director/University Center, Texas A & M
University. Received B.Ed. from University of
Toledo, M.S. Ed. and Ed. D. (ABD) fi.om University
of Pennsylvania. Member of the Association of
College Unions International, National Association of
Student Personnel Administrators, and Paths of
Courage. (5-29-03)
Retired pilot and air traffic controller. Certification in
Ministry, Howard Payne University; A.A.S. in Mid-
management and Communications, North Lake
College, Irving, Texas. Activities include: Volunteer
chaplain at Bay Area Hospital, and church missions
(Brazil, Costa Rica, Turkey, Viet Nam, Peru and E1
Salvador). (5-10-02)
Consultant, Strategic Management Solutions. Serves
as an adjunct professor at Texas A&M - Corpus
Christi. Ph.D. in Organization Theory and Strategic
Management and an M.B.A. Current member of
Leadership Corpus Christi Class XXX, the Chamber
of Commerce and the Hispanic Chamber of
Commerce. Currently serving on the Water
Resources Advisory Committee. (I-29-02
Director of Business Development, Zachry
Construction Corporation. Received a B.S. fi.om Sam
Houston State and M.A. from Texas A & M
University. Member of the Associated General
Contractors, Rotary Club, C.C. Mustangs. Active in
the C.C. Windsurfing Association, Plumeria Society.
(1-22-03)
President, Hispanic Chamber of Commerce. B.B.A.
in Marketing. Activities include CP&L Advisory
Community Committee and C.C. Young
Professionals Club. Currently serving on C.C.
Downtown Management District. (2-17-00)
-38-
Larry J. Urban, P.E.
Gustavo Valadez Ortiz, Ed.D.
Curtis Weidner
Co-Founder and Partner, Urban Engineering. B.S. in
Engineering from Texas A&M University. Member
of the Texas Society of Professional Engineers,
Chamber of Commerce. Community activities
include: Director, Youth City;, Director, American
National Bank; Curriculum advisor for Del Mar
College and Texas A&M University; and Chairman
of the Board, Ada Wilson Children's Rehabilitation
Hospital. (9-25-02)
President, Del Mar College. Ed.D. in Higher
Education Organization; M.A. in Mathematics and
Spanish Literature; B.A. cum laurie in Mathematics.
Has served on the Fine Arts Commission in San Jose,
CA, and the Cultural Affairs Advisory Board and the
Advisory Council on Latino Affairs in Chicago. (1-
25-02)
Case Manager, Communities in Schools. M.S. in
Secondary Education and M.S. in Educational
Administration. Member of the Coastal Bend
Advocacy Development Program. (11-22-02)
-39-
ELECTRICAL ADVISORY BOARD - Three (3) vacancies with two-year terms to 12-31-0,
representing the following categories: 1 - Master Electrician, 1 - Regular Engineer and 1 -
Commercial Builder. (Staff is recommending postponing the appointment of the Commercial
Builder vacancy for recruitment of resumes.)
DUTIES: To evaluate work experience, education, and other qualifications of applicants
for electrician licenses, preparation and grading of examinations for each classification of
electrician required to be examined; to prescribe the manner and sequence of examinations;
to revoke or suspend license on proof of infractions; to recognize licenses issued by other
cities if they meet the requirements of the City Code. An applicant who fails an
examination three times may appeal to the City Manager to appoint a special board to
examine said applicant.
COMPOSITION: Nine (9) persons appointed by the City Council: two (2) persons with
at least five years active experience as a master electrician; one (1) person with at least five
years active experience as a journeyman electrician; two (2) engineers: one (1) shall be a
registered professional engineer in the State of Texas, and one (1) shall have a Bachelor
Degree in Electrical Engineering and a minimum of five years experience in electrical
engineering; one (1) person with five years experience in the commercial building industry;
one (1)person with five years experience in the home building industry; and two (2)
members, residents of Corpus Christi, not connected with the electrical industry. Five (5)
members of the Board constitute a quorum, and concurring vote of not less than five (5)
members is necessary to constitute an official action of the Board.
MEMBERS TERM
ORIGINAL
APPTD. DATE
*Kyle Budd (Master Elec.), Chairperson 12-31-03
Martin Adrian (Master Elec.), Vice-Chair 12-31-04
John Homer (Not conn. to elec. industry) 12-31-04
Robert R. Connoly (Not conn. to elec. industry) 12-31-04
Miguel Carranco (Journeyman Elec) 12-31-04
*Shane Tomo (Reg. Engineer) 12-31-03
**Ernest Salazar, Jr. (Commercial Builder) 12-31-03
Charles E. Sebbert (Home Builder) 12-31-04
Joe Hemandez (Electrical Eng) 12-31-04
2-17-98
1-09-01
1-09-01
1-09-01
1-12-99
5-21-02
1-08-02
5-16-00
10-14-97
*Seeking reappointment
**Is not seeking reappointment
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NAME
Kyle Budd (Master Elect.)
Shane Tomo (Reg. Eng.)
NO. OF MTGS. NO.
THIS TERM PRESENT
% OF ATTENDANCE
LAST TERM YEAR
9 8 89%
9 7 78%
NORTH PADRE ISLAND DEVELOPMENT CORPORATION - Four (4) vacancies with
two-year terms to 12-31-05.
DUTIES: To manage the Reinvestment Zone No. Two and implement the project and
financing plan.
COMPOSITION: Not less than five (5) nor more than nine (9) directors, appointed by the
City Council. Each initial Director shall serve a term that expires on December 31, 2002;
thereafter, terms are two years. Each director must be a resident and qualified elector of
the city. Each Director shall serve until a successor is appointed. Any director may be
removed from office at any time, with or without cause, by the City Council of the city.
MEMBERS TERM
*Samuel L. Neal, Jr., President
*Mark Scott, Vice President
*Brent Chesney
Javier Colmenero
*Melody Cooper
Rex A. Kinnison
John Longoria
Jesse Noyola
12-31-03
12-31-03
12-31-03
12-31-04
12-31-03
12-31-04
12-31-04
12-31-04
*Terms are due for Mayor Neal and Council Members Scott, Chesney, and Cooper
-41-
OIL AND GAS ADVISORY COMMITTEE - Two (2) vacancies with three-year terms tc
31-06 representing the following categories: 1 - Oil Industry and 1 - General Public. (Appointed
by the Mayor with approval of the Council)
DUTIES: The committee shall make a continuing study of operations for the exploration,
drilling, and production of oil, gas and minerals and the possible effects of same upon the
environment, public health, safety and general welfare of the City.
COMPOSITION: Eight (8) persons who are residents of Corpus Christi: three (3) members
from the oil and gas well industry; three (3) members from the general public who are not
connected with the oil and gas well industry; and two (2) altcmates: one (I) from the general
public to serve in the absence of a public members, and one (1) from the industry to serve
whenever an industry member is absent. Public members shall be appointed by the Mayor with
approval of the Council; industry members shall be appointed by the Mayor with approval of
the Council from those persons nominated by the oil and gas well industry. Members are
appointed for three-year terms ending December 31, and may succeed themselves. Meetings
are called by the Chairman or any three (3) members of the Committee within specified time
limits. Four members constitute a quorum. The committee annually elects its own chairman
and vice chairman. Members receive no compensation for their services.
MEMBERS TERM
ORIGINAL
APPTD. DATE
*Jerry Dewbre (Oil Industry), Chairman
Ron Ruiter (General Public)
Charles West (General Public)
Sharon Johnson (Oil Industry)
**Michael Woodcock (General Public)
Don Kersting (Oil Industry)
Robert DeLeon (Alt, General Public)
Charles Jacobs (Alt, Oil Industry)
12-31-03 12-23-97
12-31-04 2-19-02
12-31-05 1-07-97
12-31-04 4-14-98
12-31-03 1-09-01
12-31-05 1-07-97
12-31-04 4-30-02
12-31-04 2-16-99
*Has met the six-year hmitation and is ineligible for reappointment
**Seeking reappointment
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS. NO.
NAME THIS TERM PRESENT
Michael Woodcock (Gen.) 1 1
% OF ATTENDANCE
LAST TERM YEAR
100%
(Note: The Oil and Gas Industry is nominating Juan N. Cabasos to fill the category of Oil
Industry.)
-42-
OTHER INDIVIDUALS EXPRESSING INTEREST
Gretchen Arnold
Director of Pollution Prevention Program, Texas A&M -
Corpus Christi. Active member of Environmental-Air
Quality Programs and the Alternative Transportation
Committee. Recipient of the Governor's Award for
Environmental Excellence, TNRCC Advocate Award and the
League of American Wheelmen Award for Community
Facilities and Volunteerism. (General Public) (1-28-02)
Juan N. Cabasos
South Texas Manager, Core Laboratories. Received an
Associates of A~ts fi.om Southwest Texas Jr. College, and a
B.A. in Geology fi.om Texas A & I University - Kingsville.
Worked with Oil Industry for 25 years. (12-10-03) (Oil
Industry)
Douglas R. Dunn
Center Director, University of the Incarnate Word (Del Mar
campus). Holds a Master's degree in Public
Administration. Member of the Rotary International Club.
Has received numerous personal and unit awards during
Coast Guard career. (General Public) (1-30-02)
John Lillard
Captain/Instructor/Assistant Manager, C.C. Sailing Center.
B.A. f~om the University of Texas at Austin. Recipient of
the American Sailing Association Instructor of the Year
Award (2001 ). (General Public) (2-01-02)
Eduardo Riddle
Owner, Riddle Engineering Corporation. B.S. in Petroleum
Engineering, Texas A&M - College Station. Member of
the Society of Petroleum Engineers, C.C. Geological
Society, the Texas A&M University Petroleum Engineering
Industry Board and the Hispanic Chamber of Commeme.
(General Public) (12-11-01)
Robert Tamez
Retired, Citgo Refinery. Member of the Hispanic Chamber
of Commerce Board of Directors, Westside Business
Association, Southwest Basketball Officials Association
and the Pan American Golf Association. (General Public)
(~-OS-01)
-43-
g. WEED AND SEED STEERING COMMITTEE - Two (2) vacancies with two-year terms t~
01-05 representing the categories of Site 1 and Site 2 resident.
DUTIES: Provide program oversight and make recommendations to City Council.
COMPOSITION: A total of eleven committee members. The City Council shall appoint two
(2) residents each from Site 1 (North) and Site 2 (West). One representative shall be appointed by
each of the following entities: Corpus Christi Police Department, West Oso lSD, Corpus Christi
ISD, Housing Authority, County Attorney's office, District Attorney's Office and the U.S.
Attorney's office. A Weed and Seed Program staff member and the Park and Recreation
Department Program Director shall serve as ex-officio, non-voting members. The U.S. Attorney
representative will serve as Chairperson of the Committee. The Chairperson votes only in the
event of a tie and becomes the tiebreaker. This committee will expire on August 31, 2004, unless
funds for the program end sooner.
MEMBERS TERM
ORIGINAL
APPT. DATE
Debra Hohle (U.S. Atty.), Chairperson
Peggy Beasley (Site 1)
*Joel Mumphord (Site 1)
Juan Meave Jr. (Site 2)
**Lucio Garcia (Site 2)
Chief Pete Alvarez (CCPD)
Georg Johnson (CCISD)
Richard Franco (Housing Authority)
Laura Garza Jimenez (County Atty.)
Dr. Maurice Portis (West Oso ISD)
Gail Gleimer (District Attorney's Office)
George Hodge (Weed and Seed)
Ex-officio, nonvoting
11-01-04
11-01-03
11-01-04
I 1-01-03
Ex-officio, voting
Ex-officio, voting
Ex-officio, voting
Ex-officio, voting
Ex-officio, voting
Ex-officio, voting
Ex-officio, nonvoting
David Ondrias (Park and Recreation)Ex-officio, nonvoting
11-09-99
1-08-02
11-12-02
11-09-99
*Is not seeking reappointment
**Seeking reappointment
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS. NO.
NAME THIS TERM PRESENT
Lucio Garcia (Site 2) 11 11
% OF ATTENDANCE
LAST TERM YEAR
100%
OTHER INDIVIDUALS EXPRESSING INTEREST
Herbert Milhgan
Retired. Activities include: Member of St. John's Baptist
Church, local NAACP chapter and the United States St~l
Workers Union. (Site D (12-09-03)
-44-
Mae Milligan
Retired. Attended Del mar College. Member of St. John's
Baptist Church as Sunday School Secretary, HIALCO, and
community involvement with the NAACP. (Site 1) (12-09-
-45-
3
NO ATTACHMENT FOR THIS ITEM
-49-
4
NO ATTACHMENT FOR THIS ITEM
-53-
5
NO ATTACHMENT FOR THIS ITEM
-57-
6
NO ATTACHMENT FOR THIS ITEM
-61-
7
COUNCIL MEMORANDUM
")ECOMMENDATION: Motion approving the purchase of twenty-five vehicles consisting of 22
ckups and 3 cargo vans from the following companies, for the following amounts, in accordance with Bid
Invitation No. BI-0034-04, based on low bid and Iow bid meeting specifications, for a total amount of
$436,569. The vehicles will be purchased for Maintenance Services, Municipal Information Services,
Neighborhood Services, Gas, Storm Water, Water, Wastewater and the Marina. Eighteen vehicles are
replacement units and seven are additions to the fleet. Funds are available from the FY03-04 Capital Outlay
Fund.
Champion Ford
Corpus Christi, TX
Bid Items 2, 6-7, 9, 12-14
Crosstown Ford
Corpus Christi, TX
Bid Items 1, 8, 10-11
Red McCombs Dodge
San Antonio, TX
Bid Items 3-5
$140,063 $203,078 $93,428
Grand Total: $436,569
Purpose:
These vehicles will be used in the day to day operations of the respective
departments. Replaced units are evaluated for potential reallocation to other
departments and/or are disposed of through the City's standard surplus disposal
procedures.
,~d znv~tat~ons Issued.
Sixteen
Bids Received:
Seven
Award Basis:
Low Bid: Bid Items 1, 2, 5, 9-14
Low Bid Meeting Specifications
Bid Items 3, 4
The low bids submitted by Access Ford, LTD for bid items 3 and 4 do not
meet specifications regarding payload and/ur gross vehicle weight rating
(GVWR).
Bid Items 6, and 7
The low bids submitted by Creveling Dodge for bid items 6, and 7 do not meet
specification requirements regarding factory installed propane system.
Bid Item 8
The low bid submitted by Red McCombs Dodge for bid items 8 did not meet
specification requirements regarding high output engine, 5 speed transmission,
heavy duty off-road suspension package and 4 wheel w/electronic shift on the
fly. The low bid submitted by Creveling Dodge did not meet specification
requirements regarding 5 speed transmission, heavy duty off-road suspension
package and 4 wheel w/electronic shift on the fly.
-65-
Procurement & Gene
Maintenance Services Fund
550020-5110-40120
Capital Outlay List Item Nos. 47, 61, 69, 75, 76,
77, 78, 79, 80, 81, 82, 83, 90, 91, 92, 93, 94, 96
Municipal Information System Fund
550020-5210-40490
Capital Outlay List Item No. 55
General Fund
550020-1020-11500
Capital Outlay List Item No. 104A
Services Manager
$394,325.00
14,550.00
27,694.00
Total: $436,569.00
-66-
CITY ( fUS CHRISTI
PURGI o DIVISION
BUYER: MICHAEL BARRERA
11/19/03
ITEM
DESCRIPTION
QTY UNIT
1.
Series (PU-1), 1/2 Ton Ext.
6 EA
ALLEN SAMUELS
CHEVROLET
C.C. TX
UNIT EXT.
PRICE PRICE
Cab Compact Pickup, in
$83,082
$14,731
accordance with Spec. No.
$14,794
$88,764
101
88,770
2.
Series (PU-2), 1/2 Ton
1 EA
$90,018
Standard Cab Pickup, Long
$98,604
Bed in accordance with Spec.
12,27 88
No. 101
13,983
3.
Series (PU-2), Ton Ext, Cab
2 EA
12,759
Pickup, Long Bed in
13,652
accordance with Spec. No.
18,603
37,206
101
36,792
4.
Series (PU-2), Ton Ext. Cab
2 EA
28,520
Pickup, 6' Bed in accordance
32.258
15,383
with Spec. No. 101
17,452
5.
Series (PU-2), 1/2 Ton Ext,
2 EA
Cab Pickup, 6' Bed in
accordance with Spec. No.
(2)
101
6.
Series (PU-2HD), 1/2 Ton Ext
1 EA
Cab Pickup, 6' Bed in
33,612
16,587
accordance with Spec. No.
15,664
31,328
101
28,380
7.
Sense (PU-2HD), 1/2 Ton Ext.
2 EA
30y6
Cab Pickup, 6' Bed in
36,750
accordance with Spec. No.
34,596
17,059
101
16,248
Pa, 12
IIID TABULATION
L :ITATION NO. BI -0034-04
PICKUPS & VANS
CROSSTOWN FORD
C.C. TX
UNIT EXT.
PRICE PRICE
CHAMPION FORD
C.C. TX
UNIT EXT.
PRICE PRICE
CREVELING DODGEACCESS
C.C. TX
UNIT EXT.
PRICE PRICE
FORD, LTD
C.C. TX
UNIT EXT.
PRICE PRICE
ACCESS
CHEVROLET, LTD
C.C. TX
UNIT EXT.
PRICE PRICE
RED McCOMBS
DODGE
SAN ANTONIO, TX
UNIT EXT.
PRICE PRICE
ALLEN SAMUELS
CHEVROLET
C.C. TX
UNIT EXT.
PRICE PRICE
$13,847
$83,082
$14,731
$88,386
$14,794
$88,764
14,795
88,770
$14,904
$89,424
$15,003
$90,018
$16,434
$98,604
12,523
12,27 88
13,983
12,450
12,759
13,652
13,806
18,603
37,206
18,396
36,792
15,725
31,450
(2)
14,260
28,520
16,129
32.258
15,383
30.766
17,452
34,904
(2)
16,806
33,612
16,587
33,174
15,664
31,328
14,190
28,380
15,697
31,394
15y53
30y6
18,375
36,750
17,298
34,596
17,059
34,118
16,248
32,496
No Bid
15,898
31,796
15y78
31,756
18,749
37,498
(3)
20,000
19y21
16,826
26,615
No Bid
No Bid
20,347
(3)
23,812
47,624
29`99
47,198
20,784
41,5681
30,380
60,760
No Bid
No Bid
23,360
46.720
NOTE: 1. Crosstown Ford submitted an alternate bid for bid item 1 (which is the low bid) for full size pickups at a lower price than compact pickups. Staff has
evaluated the alternate bid and has deemed it to be the most advantaqeous offer. These trucks exceed all specifications.
2. The low bids submitted by Access Ford, LTD for bid items 3 and 4 do not meet specifications regarding payload and/or gross vehicle weight rating
(GVWR).
3. The low bids submitted by Creveling Dodge for bid items 6, and 7 do not meet specification requirements regarding factory installed propane
system.
I
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: MICHAEL BARRERA
11/19/03
ITEM
DESCRIPTION
QTY UNIT
8.
Series (PU-3HD), 3/4 Ton
2 EA
Crew Cab Pickup, long Bed in
C.C. TX
accordance with Spec. No.
C.C. TX
101
C.C. TX
9.
Series (PU-3HD), 3/4 Ton Ext
1 EA
SAN ANTONIO, TX
Cab Pickup, long Bed in
UNIT
accordance with Spec. No.
UNIT
EXT.
101
EXT.
10.
Series (PU-3HD), 3/4 Ton Ext
2 EA
EXT.
Cab Pickup, long Bed, with
EXT.
UNIT
Service Body in accordance
PRICE
PRICE
with Spec. No. 101, 513, 588
PRICE
11.
Series (PU-3HD), 3/4 Ton
1 EA
PRICE
Standard Cab Pickup, long
PRICE
PRICE
Bed, with Crane Service Body
PRICE
PRICE
in accordance with Spec. No.
101, 513, 588
(4)
12.
Series (V-2),1/2 Ton Full Size
1 EA
Cargo Van, In accordance
(5)
with Spec No. 101
13. Series (V-4), 3/4 Ton Full Size 1 EA
Cargo Van, In accordance
with Spec No. 101
14. Series (V-4), 3/4 Ton Full Size 1 EA
Cargo Van, in accordance
with Spec No. 101
Award Total:
Grand Award: $436,569
Page 2 of 2
BID TABULATION
BID INVITATION NO. 6I-0034-04
PICKUPS 8 VANS
CROSSTOWN FORD
CHAMPION FORD
CREVELING DODGE
ACCESS FORD, LTD
CHEVROLET, LTD JOCOSE
CHEVROLET
C.C. TX
C.C. TX
C.C. TX
C.C. TX
C.C. TX
SAN ANTONIO, TX
C.C. TX
UNIT
EXT.
UNIT
EXT.
UNIT
EXT.
UNIT
EXT.
UNIT
EXT.
UNIT
EXT.
UNIT
EXT.
PRICE
PRICE
PRICE
PRICE
PRICE
PRICE
PRICE
PRICE
PRICE
PRICE
PRICE
PRICE
PRICE
PRICE
(4)
(5)
27,409
54,818
27,226
54,452
26,459
52,918
27,770
55,540
29,259
58,518
24,808
49,616
31,037
62,074
17,450
17,182
18,382
17,500
18,770
17,691
21,049
19y89
38,778
19,520
39,040
26,487
20,838
No Bid
41,676
19,945
No Bid
39,890
20792
41584
29445
20,384
No Bid
40,768
22,057
44,114
28,129
26y00
14,966
14y50
No Bid
14,800
15275
No Bid
No Bid
14,859
14y
No Bid
14,700
15625
No Bid
No Bid
14,908
14y92
No Bid
14,750
15751
No Bid
No Bid
$203,078 $140,063
NOTE: 1. Crosstown Ford submitted an alternate bid for bid item 1 (which is the low bid) for full size pickups at a lower price than compact pickups. Staff has
evaluated the altemate bid and has deemed it to be the most advantaqeous offer. These trucks exceed all specifications.
2. The low bids submitted by Access Ford, LTD for bid items 3 and 4 do not meet specifications regarding payload and/or gross vehicle weight rating
(GVWR).
3. The low bids submitted by Creveling Dodge for bid hems 6, and 7 do not meet specification requirements regarding factory installed propane
system.
4. The low bid submitted by Creveling Dodge for bid items 8 did not meet specification requirements regarding 5 speed transmission, heavy duty off-
road suspension package and 4 wheel w/electronic shift on the fly.
5. The low bid submitted by Red McCombs Dodge for bid items 8 did not meet specification requirements regarding high output engine, 5 speed
transmission, heavy duty off-road suspension package and 4 wheel w/electronic shift on the p-
) I
$93,428
8
COUNCIL MEMORANDUM
(a) APPROPRIATING $130,625 FROM THE RESERVE FOR GOVERNMENT
ACCESS EQUIPMENT AND FACILITIES IN THE NO. 1020 GENERAL FUND FOR
ACCESS CHANNEL EQUIPMENT AND FACILITIES; AMENDING OPERATING
BUDGET ADOPTED BY ORDINANCE NO. 025394 TO INCREASE
APPROPRIATIONS; AND DECLARING AN EMERGENCY.
(b) Motion approving the purchase of four audio video systems for the Council Chambers and
three executive session conference rooms located in City Hall from Visual Innovations
Company, Inc. San Antonio, Texas in accordance with the State of Texas Cooperative
Purchasing Program for a total amount of $115,939. Funds are available from the Time Warner
and ClearSource franchise agreement grant.
Purpose:
The equipment will upgrade the audio video systems
currently in use in the Council Chambers and add
equipment to the Council executive session conference
rooms and the sixth floor conference room. The equipment
consists of cameras, monitors, speakers, microphones,
projectors, an audio video cabinet and other related
accessories required to make the systems operational. The
contractor will supply, install and provide warranty support
service for all four of the systems.
In addition to the above equipment, a podium computer,
laptop computers and an electronic roll-call voting system
will be purchased under separate contracts.
Basis of Award:
State of Texas Cooperative Purchasing Program-Catalog
Information Systems Vendor.
Funding:
City Secretary
550040-1020-10020
520100-1020-10020
Michae 3hrrera, C.P.~4.._ .
Procurement & General Services Manager
$23,470
92,469
Total $115,939
-71-
ORDINANCE
APPROPRIATING $130,625 FROM THE RESERVE FOR
GOVERNMENT ACCESS EQUIPMENT AND FACILITIES IN THE
NO. 1020 GENERAL FUND FOR ACCESS CHANNEL
EQUIPMENT AND FACILITIES; AMENDING OPERATING
BUDGET ADOPTED BY ORDINANCE NO. 025394 TO
INCREASE APPROPRIATIONS; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $130,625 is appropriated from the Reserve for Government
Access Equipment and Facilities in the No. 1020 General Fund for access
channel equipment and facilities.
SECTION 2. That the FY 2003-2004 Operating Budget adopted by Ordinance
024974 is amended to increase appropriations by $130,625.
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
Samuel L Neal, Jr.
Mayor
APPROVED: December 9, 2003
Lisa Aguilar
Assistant City Attorney
for City Attorney
-72-
9
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Borden Milk Products LP,
Austin, Texas in accordance with Coastal Bend Council of Govemments Bid Invitation No.
CBCOG-04-2, for 152,000 half-pint containers of low fat milk, based on the recommended award
submitted by the Coastal Bend Council of Governments for an estimated twelve month expenditure
of $28,880. The term of the agreement shall be for twelve 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 FY03-04.
BACKGROUND:
Purpose:
These items will be used by Senior Community Services for the
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 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.
Funding:
Senior Community Services
ENP (CI) 520070-1067-810804 $14,440
ENP/HDM 520070-1067-810804 $10,253
MOW 520070-1067-810504
$4,187
Micha~lXt}arrera,
Procurement and ~
'.neral Services Manager
Total: $28,880
-75-
Coastal Bend Council of Governments
CBCOG-04-2
Bid Tabulation
Buyer: Gabriel Maidonado
Date: 17./5103
Quantity - t52,000
LOW FAT MILK - 1/2 pints, 2%
Borden
Austin, Texas
$28,880.00
-76-
10
AGENDA MEMORANDUM
~OM/VIENDATION: 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-04-1 for food items which include
canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $93,444.33.3~ne 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 FY03~04.
Ben E. Keith
San Antonio, TX
40 Items
$19,025.48
LaBatt Food Service
Corpus Christi, TX
57 Items
$29,454.20
PFG Sysco Food Service
Victoria, TX San Antonio, TX
46 Items 18 Items
$41,341.32 $3,623.33
Grand Total - $93,444.33
BACKGROUND:
Purpose:
These food items will be used by Senior Commtmity Services for the 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, Dural County, Bee Community Action
Agency, Kleberg County Human Services, Nueces County Senior
Corrununity 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.
Funding:
Senior Community Services
ic ae ~¥rera, C
Procurement & Gen~
ENP 520070-1067-810804
MOW 520070-1067-810504
al Services Manager
$76,625
$16,820
Total: $93,445
-79-
COUNCIL OF GOVERMENTS-STAPLES, MEAT & OTHER FROZEN FOODS
Senior Community Services
Bid Period Covering January 5, 2004 - July 2, 2004
Date: 12/05/03
Bid Tabulation: CBCOG-04-1
Ben E. Keith
San Antonio, Texas
Canned Fruit, Canned Vegetables, Canned Meat,
Condiments, Juices, Oil And Shortening, Relishes, Spices
Starches and Pasta, Sugar & Products, Miscellaneous Products,
Fish, Prepared Products, Frozen Vegetables, Frozen Fruit & Dessert
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, Pork, Poultry,
Frozen Vegetables, Frozen Fruit & Dessert and Dairy Products
PFG
Victoria~ Texas
Canned Fruit, Canned Vegetables, Dried Vegetables,
Dressing, Relishes, Soup and Bases, Spices,
Starches & Pasta, Sugar & Products,
Miscellaneous Products, Fresh Produce, Beef, Poultry, Prepared Products,
Frozen Vegetables, Frozen Fruit & Dessert, and Dairy Products
Sysco Food Service
San Antonio, Texas
Dried Fruit, Canned Vegetables, Dried Vegetables, Canned Meat
Juices, Oil and Shortening, Spices, Starches and Pasta,
Miscellaneous Products, Fresh Produce, Beef, Frozen Vegetables,
and Dairy Products
$19,025.48
$29,454.20
$41,341.32
$3,623.33
Grand Total:
$93,444.33
-80-
11
AGENDAITEM:
A.
CITY COUNCIL
AGENDA MEMORANDUM
December 16, 2003
Ordinance appropriating $125,708.40 from the General Fund Municipal Court
Technology Fee for the lease of one HP server and four Dell servers. Each of these
servers will be for use exclusively by the Municipal Court as mandated by the rules
governing the technology fee.
Motion authorizing the City Manager or his designee to lease a HP rp7410 server
from Dataseek of San Antonio, Texas in the amount of $74,520 in accordance with
the State's Cooperative Purchasing Program.
ISSUE: The servers currently in use at the Municipal Court were approved for purchase
on March 20, 1998. These servers have reached the end of their service life and should
be replaced as this will greatly reduce the risk of data loss due to system failure and also
reduce the amount of system downtime as a result of hardware failure. Funds are available
in the Municipal Court Technology Fee fund and the appropriation of $125,708.40 by
Ordinance No. 025394 will be allocated for the lease of five servers to be used as follows.
The HP server will be used to replace the existing server utilized by the CSI application.
. ,Two of the four Dell servers will be used to replace the current Novell print/file server and
will allow for the creation of a clustered failover system should one of the servers
malfunction. The other two Dell servers will be used to replace the existing Visiflow
database and application servers.
REQUIRED COUNCIL ACTION:
A. Approval of Ordinance appropriating $125,708.40 from the General Fund Municipal
Court Technology Fee; amending the FY2003-2004 Capital Budget adopted by
Ordinance No. 025394. To increase appropriations by $125,708.40 for the
lease of five new servers.
B. City Council approval is required for expenditures over $25,000 or those requiring an
appropriation.
PREVIOUS COUNCIL ACTION: Current servers approved for purchase on March 20,
1998.
FUNDING: 260305-1020~00000 Reserve for Municipal Court Technology Account
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the ordinance and motions as presented.
Rene Mendiola,
Director of Municipal Court
Attachment:
Dataseek Master Lease Agreement
Dataseek Quote for rp7410 server
-83-
MASTER EQUIPMENT LEASE AGREEMENT
Lessor
Street Address
City, State, & Zip Code
Lessee
Street Address
City, State, & Zip Code
Lease Agreement No.
Lessor, by its acceptance bercof, agrees to lease to
Lessee and Lcsscc agrees to lease from Lessor, under
thc terms and conditions herein stated, each unit
("Unit") of thc equipment and other property
("Equipment') described in (a) the equipment
schedule executed by thc parties concurrently
herewith or bereat~r and made a part hca:o[ and (b)
any equipment schedule or schedules of additional
equipment bereaft~r executed by thc pm'tics hereto
and made a part hcreo£ All said schedules are
hereinafter collectively referred to as "Schedule".
l. COMMENCEMENT DATE: This agreement is
effective as of the acceptance date and shall remain
in effect until terminated in accordance with thc
(''Commencement Date") for each unit shall be the
dato on which such Unit is accepted by Lessee as
ready for usc. If Icsscc fails to satisfy any of thc
requirements for installation described in Section 5.B
below within five (5) working days alter delivery of
a Unit or delivery of nntice by Lessor that the Unit is
available for delivery, whichever is earlier, thc next
succeeding day shall be thc Commencement Date for
such Unit.
2. TERM OF AGREEMENT: Thc "Initial Term"
of each Schedule shall mcan thc period beginning on
the Commencement Date of the Unit having the
latest Commencement Dare of the Unit having the
latest Commencement Date if such Commencement
Date is the first day of the month, or otherwise, on
the first day of the month following such
Commencement Date, and the Initial Term shall
continue for the number of months specified in the
Schedule.
Following the completion of the Initial Term, this
Agreement shall automatically be extended for
TERMS AND CONDITIONS
successive ninety (90) day periods thereafter unless
and until terminated by either party and giving thc
ntber not less then ninety (90) days prior written
notice. Any such termination must relate to all of the
Equipment and shalI be effective only upon thc last
day of any successive ninety (90) day period. If any
term be extended or any renewal option or options be
exercised, the word "term" as used herein shall be
dccmcd to refer th all extended and renewal terms,
and all provisions of this Lease shall apply during
any extended and renewal terms, except as may be
otherwise specifically provided in this Lease, or in
any subsequent written agreement of the parties,
Unless and until this Agreement is (a) terminated
under this Section 2 or (b) terminated as to one or
more Units under Section 9, thc monthly rentals and
other amounts payable by Lessee shall not abate for
any reason.
3. REWFAL PAYMENT: Lessee shall pay to
Lessor thc rental payment for each Unit as set forth
in thc Schedule. Thc rental payment for each Unit
shall commence on the Commencement Date for
such Unit and shall be duc and payable in advance
on the first day of each applicable month. If thc
Commencement Date for a Unit is a day other then
thc first day of each applicable month. If foe
Commencement Date for a Unit is a day other than
thc first day oftbe month, the first payment shall be
due and payable on such Commencement Date and
such payment shall bc a prorated portion of thc
monthly rental, calculated on the basis of 30 days to
the month.
4. TAXES:
A. PAYMENT OF TAXES: Lessee
shall pay thc appropriate taxing authority and
discharge, before the same become delinquent, or
charges, property and other taxes (or amounts in lieu
thcreoO, however designated ("Impositions"), now
or hereafter imposed or assessed by any federal, state
or local government upon the ownership, leasing,
renting, sale, possession, use, operation,
maintenance, delivery or return of foe Equipment or
payable hereunder, together with any penalties or
interest in connection therewith, expecting any
federal, state or local governmental taxes, or
payments in lieu thereof, imposed upon or measured
upon Lessor measured by Lessor's capital stock or
B: BILLING: Lessee shall, to the extent
permitted by law, cause such impositions to be billed
shall, at its expense, file all forms and returns a~ ~
all things required to be done in connection wil
levy, assessment, billing or payment of s. ~
impositions, to thc extent permitted by law, and
Lessee is hereby authorized by Lessor to act for and
on behalf of Lessor in any and all such respects.
Lessee shall from time to time on request of Lessor,
submit writscn evidence of thc payment of all
impositions required to be paid by Lessee hereunder.
If Lessor is required by law to pay any imposition
itself or file any forms or returns with respect
thereto, Lessee shall notify Lessor in writing of thc
amount of payment of any impositions by
appropriate legal proceedings, provided thc
nonpayment thereof or such proceedings do not, in
the option of counsel for Lessor, adversely effect the
title, properly of rights of Lessor in the ]Equipment
and provided further that, if requested by Lessor,
Prepared this day of
Lessor
Lessee
By: Date: By: Date:
Title: Title:
THE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF AND ON THE FOLLOWING PAGES ARE
INCORPORATED 1N AND MADE PART OF THIS AGREEMENT.
-84-
form and amount, in Lessor's reasonable judgement,
to fully satisfy the amount of the contested
imposition.
S. USE OF EQUIPMENT
A. LOCATION: The equipment shall be
y Lessee in its sole possession and control at
~ ~ocation specified in thc Scbedulc or at such
other location to which Lessor has consented in
writing (thc "Equipmcm Location") and shall not be
removcd thcrefrom without the prior wittcn consent
of Lessor, which shall not be unreasonably withheld,
B. FACILITIES: Lessee shall providc a
suitable place for installation of thc Equipmcm
(including, without limitation, properly configured
floor space, adequate air conditioning, proper
connecting cquipmcnL compatible electrical
hardware, wiring and connections, and alectricgy of
the proper voltage) with all appropriate facilities as
specified by the manufacturer and in compliance
with all policies of Insurance carried by Lessor or
Lessee pursuant to Section 9.
C. USE: Lessee shall use the Equipment
solely for the use contemplated by the manufacturer
and Lessee shag not us~ the Equipment in any
manner which precludes or limits coverage under
any policy of insuranc~ canied by Lessor or Lessee.
Lessee shall notify Lessor of any event involving
alleged or appar~m improper manufacture,
functioning or operation of the Equipment
6. MAINTENANCE AND INSPECTION:
A, MAINTENANCE: The Equipment
shall be eligible for the manufacturer's standard
prime shi~ maintenance contract upon delivery to
Lessee. Lessee shall, at its expense, enter into and
maintain in full effect during thc term of this
'~ Naent a maintenance contract with thc
/¢turer of the Equipment providing for at the
t~ .prime shift maintenance. Upon request Lessee
shall fi~nish Lessor with a copy of such contract.
Lessee shall, at its expense, take all other actions to
maintain the Equipment in good working order,
condition and repair.
B. INSPECTION: Lessee shalI make the
Equipment available to Lessor, thc manufacturer of
their designees, during normal working hours, for
inspection, repair, maintenance, installation of
engineering changes and for any other reasonable
purpose
7. ALTERATIONS AND ATTACHMENTS:
With the prior written consent of Lessor, Lessee
may. at its expense, make alterations to, or add
aRachmenrs to, the Equipment, provided such
alterations or attachments do not interfere with the
normal and satisfactory operation or maintenance of
the Equipment or with Leseee's ability to provide the
maintenance of the Equipment or with Lessee's
ability to provide maintenance contract required by
Section 6.A. Lessee shall permit the manufacturer to
inco~orate engineering changes. The manufacturer
may make temporaC, alterations to the Equipment
upon request of Lessee. All such alterations and
attachments shall be property of Lessor, unless the
same are removed by Lessee and the Equipment
restored at Lessee's expense to it's original
condition, reasonable wear and tear only expected,
prior to the termination of the Agreement.
8. DELIVERY AND RETURN:
A. DELIVERY: Lessor shall arrange for
thc transportation and delivery of the Equipment to
the Equipment Location. The normal costs thereof
("Delivery Costs") shall be paid by Lessee. Special
transportation, delivery, and installation costs (such
as the cost of rigging, cranes, elevator modifications
and the like) shall be paid by Lessee. Lessee shall
inspect the Equipment upon delivery and identify
any observable damage prior to accepting delivery
from the carrier. Any damage sustained in transit not
recoverable from the cmTier by reason of Lcssee's
failure to inspect shall be borne by Lessee.
Lessee agrees to accept the shipment(s) of
Equipment and the parties agree that their rights and
obligmions under this Lease shall not be affected by
any delay in shipment by suppliers caused by
circumstances beyond their control, including,
without limiting the generality of the foregoing, acts
of God. flood, war, Government regulations.
directions, or requests, accidents or labor problems.
Lessee further agrees that Lessor shall not be liable
for any loss or damage by reason of delay in
shipment or delivery caused by any of the foregoing
or any other circumstances, Lessor shall have no
liability to Lessee in the event that any supplier.
manufacturer or one or more others fail to perform
any obligations at any time due Lessor) Lessee, in
private with Lessor or Lessee and other persons, or
any one or more of the foregoing
Lessor shall have no obligation to install, erect.
test, adjust, service or maintain the Equipment unless
specifically requested to do so by Lessee and agreed
to in writing by Lessor.
B. RETURN: Lessee will arrange for the
disconnection, packing and transportation of the
Equipment from the Equipment Location to storage
in San Antonio, Texas, at the termination of this
Agreement. The cost thereof shall be paid by Lessee.
C. CONDITION ON RETURN: At the
termination of this Agreement, Lessee shall return
each Unit (together with all form stands, logic
manuals, diagnostics, test decks, terminators, special
RPQ devices permanently attached or removable on
one or more ends, associated cables, maintenance
documentation, tools, kickplatas, covers, and the
like, thmished Lessee by Lessor) te Lessor in the
same operating order, repair, condition and
appearance as on the Commencement Date of such
Unit, reasonable wear and tear only expected, with
all engineering changes prescribed by the
manufacturer prior tuereto incorporated therein, and
Lessor shall arrange and Lessee shall pa}, for (I) such
engineering changes not incorporated therein, and
(ii) such repairs as are necessary to procure the
commitment of the manufacturer to accept the
Equipment for prime shift maintenance at its then
standard rate.
9. CASUALTY INSUREANCE, LOSS OR
DAMAGE:
A. RESPONSIBLE PARTIES: Lessce
hereby assumes and shall bear the entire risk of loss
or damage to thc Equipment from any and every
cause whatsoever. No loss or damage to the
Equipment or any part thereof shall impair any
obligation of Lessee under thc Lease which shall
continue in dill force and effect.
Lessee shall at its own expense from thc point
of delivery keep the Equipment insured, with such
carriers as Lessor shall approve, for all risk
replacement cost, in such amounts and against such
hazards as are specified in the Schedule and as
Lessor may otherwise reasonably require, All such
paye~, and policy shall provide that they may not be
cancelled or altered without thirty (30) days prior
written notice to Lessor. Lessee hereby appoints
loss, and claim for, insurance, and to make
adjustments with insurers, and to receive payment of
dra~s in connection with payments made as a result
of such insurance policies. The proceeds of such
insurance shall be applied toward payment of the
obligations of Lessee under the applicable Lease.
Lessee shall promptly deliver to Lessor satisfactory
providing such insurance, Lessor, without
impairment of its rights or remedies by reasons off
such default, may purabm¢ such insurance(but shall
not be required to do so). and Lessee shall upon
demand forthwith pay to Lessor any premiums so
paid, plus interest thereon at the lesser of twelve
percent (12%) per annum or the highest rate
permitted by applicable law. All risk of loss, theft or
destruction of or damage to the Equipment shall be
provided.
B. OCCURRENCE OF LOSS: In the
event of loss or damage of any kind whatsoever to a
Unit ("Loss Unit") of the Equipment, Lessee shall
promptly notify Lessor, and, within thirty (30) days
after the Loss.
(i) place the same in good repair, condition and
(ii) replace the same with like equipment in
good repair, condition and working
order;the title which shall vest in Lessor and
which thereafter shall be considered the Unit
subject to this Lease,and this Agreement
shall remain full force and effect as to such
replacement Unit with no abatement in the
(iii) pay to the Lessor on or before the 10~ day
after; (a) the expiration of the 30-day period
referred to in this Section 9, or Co) the date
on which any insurance payment is made in
respect of the Loss. whichever first occurs.
an amount which shall be the greater of the
cost of full replacement of the Loss Unit or
the installments of rent then remaining
unpaid under the applicable Lease as to the
Loss Unit ('(Loss Unit Value"). plus all
unpaid rental payments attributable to the
payment of the LOss Unit Value. Upon such
payment lhis Agreement shall terminate
with respect to the Loss Unit. Upon such
such Equipment so paid for and Lessee
thereupon shall become entitled to such
Equipment "As is, Where is" without
warranty, express or implied, with respeel to
10. LIABILITY INSURANCE: Duringthe term of
this Agreement. at it's expense, Lessee shall obtain
and maintain comprehensive general public liability
insurance, with an insurer authorized to do so under
the laws of each jurisdiction in which any Unit is
located, in such amounts, with respect to such risks.
as Lessor shall from time to time require, The policy
shall name Lessor and Secured Party as additional
insured as Lessor's interests may appear and shall
contain a clause requiring at least thirW
-85-
(30) days prior wtinen notice of the cancellation, or
any alteration in the terms of the policy. Evidence of
such insurance coverage shall DC furnished to Lessor
upon demand.
I1. ASSIGNMENT AND SUBLEASE: Lessee
shall kccp ~nd maintain this Agreement lind the
Equipment free and clear of all liens, charges,
security interests, and encumbrances whatsoever
(except those placed on sarac by Lessor). Lessee
shall not ~ssign this Agreemcat or any of its rights
Dcreundcr, or sublease the Eqalpmcnt, without thc
prior written consent of Lessor, except that Lessee
may assign this Agreement or sublease the
Equipment to any parent or subsidiary corporation of
the Lessee. No permitted assignment or subtcasc
shall relieve Lessee of any of its obligations
hereunder.
12. SECURITY INTEREST:
A.OBLIGATIONS OF LESSEE: If
Lessor (i) assigns its interest Dcreunder (ii) grants a
security intarcst in this Agreement, any Unit, or thc
monthly rental or other sums payable hereunder as
security for any loans or advances made by a third
pany ("Secured Party"), Lessee shall, upon receipt of
notice of any such ozsignmcnt or grant, and upon
receipt of instructions pertaining thereto fi-om
Lessor, thcrca~cr pay all sums duc Dcreundcr to such
assignee or Secured Par~y in thc manner specified in
such instructions. Thereafrcr, Lessee's obligations
hcrcundcr shall Dc aDcolute and unconditional and
shall not Dc subject to any abatement reduction,
recoupment, defense, offset or counterclaim
available to Lessee against Lessor for any reason
whatsoever, it being the intention of the parties
hereto that the ~ntals and other amounts payable by
Lessee hereunder shall continue to DC payable in all
events and at all times herein provided, until this
ag~ement is termina~d.
B. EXECUTION OF DOCUMENTS:
Upon receipt of notification under Section 12.A.,
Lessee shall, at the request of Lessor, execute such
documents as may DC reasonably necessary to effect
such assignment or grant and to perfect the interest
of such assignee or Secured Party.
C. RIGHTS OF SECURED PARTY:
Secured Party shall have and may exercise any and
all rights, powers ~nd discretions of Lessor
hereunder. Secured Party shall not be responsible
for any of the obligations or liabilities of Lessor
hereunder
D:QUIET POSSESSION
Notwithstanding any assignment or grant by Lessor
described in Seefionl2.A.,and so long as Lessee
shall not DC in default hereunder, neither Lessor nor
any assignee nor any Secured Party shall interfere
with Lessee's right of quiet enjoyment and use of the
Equipment.
13. INDEMNIFICATION: Lessee shall indemnify,
defend and hold Lessor, its assignees and Secured
Party harmless from any and all claims, actions, suits
proceedings, costs, expenses, damages and liabilities
("Claims"), including attorney's fees, arising out of,
connected with or resulting from the use, design,
manufacture, ownership, conlrol, operation,
possession of or defect in the Equipment or any
patent infringement arising therefrom
14, EVENTS OF SEFAULT: An event of default
("Event of Default") shall occur hereunder if: (i)
due; (ii) Any representation or warranty proves to be
false or misleading ~s of the date it was given by
Lessee; (iii) Lessee fails to observe or perform any
term, condition, obligation, agreement, or covenant,
and such failure continues for a period of ten days
after receipt of notice thereof fi-om Lessor; (iv)
Lessee assigns this Agreement, or removes.
transfers, encumbers, sublets or paris with
possession of any Unit, attempts to do any of the
foregoing, or suffers or permits any of the foregoing,
except as expressly permitted herein;
(v)Lessee ceases doing business as a going concern.
makes an assignment for the benefit of creditors,
admits in writing its inability to pay its debts as they
become due. files a voluntary petition in bankruptcy
is adjudicated a bankrupt or an insolvent, files a
petition seeking for itself and an reorganization,
arrangement, composition, readjustment, liquidation,
dissolution or similar arrangement under any present
or future statute, law or regulation or files an answer
or similar pleading admithng the materials
allegations of a petition filed against it in such
proceedings consents to or acquiesce in the
appointment of a trastee, receiver, or liquidator of it
or any substantial pan of its business, assets or
properties, or if it or its shareholders shall take any
action looking to its dissolution or liquidation, or (vi)
Within 30 days after the commencement of any
arrangement, readjustment, liquidation, dissolution
or similar relief under any present or future statute.
law or regulation, such proceedings, shall not have
been dismissed or if, within 30 days after the
it or any substantial pan of its business, assets or
properties, such appointment shall not DC vacated.
15. REMEDIES:
A. EXPRESS REMEDIES: If an Event
of Default occurs, Lessor may do one or more of the
following: (i) impose upon Lessee a service charge
on all amounts due hereunder but unpaid for more
than ten days, such charge to DC calculated at a rate
equal to 18% per annum, or the maximum legal rate,
whichever is lower, for each month or fraction
thereof such amounts remain unpaid; (ii) terminate
this Agreement ~s to the Equipment or any unit; (iii)
with or without terminating this Agreement os to the
Equipment or any Unit, take immediate possession
of the Equipment or any Unit, wherever situated, and
for such purpose enter upon any premises without
any liability whatsoever for such entry; (iv) sell,
dispose of, hold, use or lease the Equipment or any
Unit as Lessor in its sole discretion may determine,
without any duty to account to Lessee; or (v) by
notice m Lessee, declare immediately due and
payable all monies to be paid by Lessee as to the
Equipment during the Initial Term (or, if the Initial
Term has expired, during any extended term then in
effect, during the Initial Term and all such extended
terms); and Lessee shall thereupon be obligated to
pay such monies to Lessor immediately.
B. NO WAIVER: The subsequent
acceptance of rental payment(s) by Lessor shall not
be deemed a waiver of any prior existing Event of
Default by Lessee regardless of Lessor's
knowledge of such prior existing Event at the time
of acceptance of such rental payment(s).
C. CUMULATION: All rights and
remedies herein enumerated shall be cumulative and
none shall exclude any other right or remedy
permitted herein or by law. Lessee shall be liable for
all expenses incurred by lessor in connection with
such Event of Default, including court costs and
reasonable at~omey's fees.
16. WARRANTIES:
A. DISCLAIMER OF WARRANTIIVg:~
EXCEPT AS OTHERWISE SPECIF1Cf
PROVIDED HEREIN, LESSOR MAKES
REPRESENTATIONS OR WARRANTIES~'~F~
ANY KIND, EXPRESS OR IMPLIED, WITH
RESPECT TO THE CONDITION, DESIGN OR
PERFORMANCE OF THE EQUIPMENT, ITS
MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR WITH RESPECT
TO PATENT INFRINGEMENT OR THE LIKE.
LESSOR SHALL HAVE NO LIABILITY TO
LESSEE FOR ANY CLAIM, LOSS OR DAMAGE
OF ANY KIND OR NATURE WHATSOEVER
NOR SHALL THERE BE ANY ABATEMENT OR
RENTAL OR OTHER AMOUNT PAYABLE
HEREUNDER, ARISING OUT OF OR IN
CONNECTION WITH (i) THE DEFINCIENCY OR
INADEQUENCY OF THE EQUIPMENT FOR
ANY PURPOSE, WHETHER OR NOT KNOWN
OR DISCLOSED TO LESSEE; (ii) ANy
DEFICIENCY OR DEFECT IN THE
EQUIPMENT; (iii) THE USE OR
PERFORMANCE OF THE EQUIPMENT; OR (iv)
ANY LOSS OF BUSINESS, OR ANY OTHER
INCIDENTAL OR CONSEQUENTIAL LOSS OR
DAMAOE, WHETHER OR NOT RESULTING
FROM ANy OF THE FOREGOING.
B. ENFORCEMENT OF
WARRANTIES: Lessor shall, at the request and
expense of Lessee, undertake to enforce for thc
benefit of Lessee such fights as Lessor may be
entitled to enforce against the manufacturer of the
Equipment. If such enforcement results in a cash
recovery, such recovery shall be apportioned
between Lessor and Lessee as their interest ~
appear.
17. GENERAL:
A, PERSONAL PROPERTY: The
Equipment remains the personal property of Lessor
and Lessee shall permit Lessor to affix appropriate
evidence of such ownership thereto, which shall not
bc removed, defaced or covered in any way. Lessor
may remove the Equipment at any time subsequent
to thc termination &this Agreement.
B. ENTIRE AGREEMENT: This
Agreement (together with all schedules and
aUachments hereto) constitutes the entire agreement
between Lessor and Lessee and no provision hereof
may be amended or modified in a writing signed by
Lessor and Lessee. No provision of this Agreement
may be waived except in writing signed by the pany
from whom such waiver is sought, and any such
waiver shall be effective only in the specified
instance and for the specific purpose given.
C. CONDITION OF EQUIPMENT:
Any Unit may be either new or reconditioned used
Equipment,
D. NOTICES: All notices hereunder
shall be in writing and shall be delivered in person or
sent by registered or certified mail, postage prepaid
to thc address of the party contained herein. Either
pany may change its address for notice puq~oses by
notifying thc other party in the manner aforesaid of
such change.
E. SEVERABILITY: Any provision
hereof prohibited by, or unlawful or uncnforceabte
under, any applicable law of any jurisdiction sha'
the sole option of Lessor, be ineffective as to ~
jurisdiction without invalidating the remaininlg
-86-
provisions of this Agreement; provided however,
that where the provisions of any such applicable law
may be waived, they are hereby waived by Lessee to
~L~KEES TO BE BOUND BY THEIR TERMS
MKffI~ER HEREOF.
-87-
Quotation #: 160068-1
Quote Date: 10116/2003
Expiration Date: 11/30/2003
Bill To:
Corpus Chdsti Municipal Court
120 N. Chaparral Street
Corpus Chdsti, TX 78401
This quote has been prepared by:
Steven Millette
422 E. Ramasy
San Antonio, TX 78216
DATASEEK
smillette~dataseekonline.com
Phone: 210-308-0202 ext 347
Fax: 210-308-0255
This quote is for budgetary purposes only. Do not order from this quote.
Currency: USD
Line Pad
No. Q~ Number
1 1 A9914A+750
2 I A6097A+0D1
3 2 A6831A+0D1
4 I A6180A+0D1
7 1 A6847A+OD1
8 1 C1099A+ABA
9 I J1530B+A5N
10 2 Bg090AC
11 1 B7993AA+AAF+
ASA+UMg+OD1
12 1 B8843CA+ABA
+0DI+2X2AH
13 1 HA110A3
14 I HA110A3+OBC
15 I HA110A3+636
16 2 HA110A3+6A5
17 1 HA110A3+6C4
Unit Ext
Description List List
TWO 750MHZ CPUS FOR HP $13,000.00 $13,000.00
SERVER RP7410
2GB HIGH DENSITY $7,600.00 $7,600.00
SYNCDRAM MEMORY MOD
36GB HOTPLUG ULTRA SCSI $2,450.00 $4,900.00
DISK FOR RP7410
DVD DRIVE FOR HP SERVER $460.00 $460.00
PC11000BASE-SX GIGBT ETH $2,135.00 $2,135.00
LAN ADAPTER
TERMINAL CONSOLE FOR $550,00 $550.00
HP3000/9000
250V/16AMP 2.5M PDU $392.00 $392,00
JUMPER CORD C19/C20
HP-UX ENTERPRISE OE LTU 1 $5,355.00 $10,710.00
CPU W/SYSTEM
HP-UX ENTERPRISE OE $760.00 $760.00
SERVER MEDIA
HP-UX WORKLOAD MANAGER $4,692.00 $4,692.00
LTU- HP 9000
HP CP 3Y SUPPORT PLUS 24
- HP CP 3Y SUPPORT PLUS 24
SUPPORT - TERMINALS (NEW
GENERATION
-- SUPPORT - SERVER SW
APPLICATIONS
SUPPORT - RP7410 2 CPUS
-88-
$0.00 $0.00
$0.00 $0.00
$246.00 $246.00
$980.00 $1,96000
$25,781.00 $25,781.00
Page 1 OF 4
Line Pa~
No. Q~ Number
18 2 HA110A3+6M2
19 1 HA110A3+AAF
DescH~lon
- SUPPORT*ENTERPRISE OE
PER PROCESSOR
CD-ROM (DISK ONLY)
Unit
List
$4,430.00
$0.00
Ext
List
$8,860.00
$0.00
20 1 C7508A
21 I C7497A
22 1 C2364A
23 1 C7496A
24 1 J4373A
25 1 HA110A3
26 I HAl10A3+6CS
27 I HA110A3+6EC
28 1 C2362B
29 I E7683A
30 I HA113A1
31 1 HA113A1+574
32 1 HA113A1+594
33 1 HA113A1+596
HP SURESTORE TAPE ARRAY $970.00
5300
HP SURESTORE DAT40 ARRAY $1,532.00
MODULE
SCSI TERMINATOR $100,00
MULTIMODE
HP SURESTORE TAPE ARRAY $425.00
PSU/FAN KIT
HP RACK SYSTEM/E R12000 $13,520.00
XR UPS
HP CP 3Y SUPPORT PLUS 24 $0.00
SUPPORT - RACK SYS R12K $896.00
UPS/ERM
SUPPORT - 4 BAY RACK $2,125.00
2.5M SCSI CBL $175.00
68VHDClTS/68HDTS~
MULTIMODE
PDU 60A, 200-240V N. $812.00
AMERICA
- HP CP INSTALLATION $0.00
- INSTALLATION - BA'FrERY $365.00
PACK, PDU, UPS
- INSTALLATION . SMART $350.00
STORAGE - ENCLOSURE
- INSTALLATION - TAPE DRIVE $350.00
$970.00
$1,532.O0
$100.00
$425.00
$13,520.00
$0.00
$896.00
$2,125.00
$175.00
$812.00
$0.00
$365.00
$350.00
$350.O0
34 1 HA113Al+5H9
INSTALL & IMPLEMENTATION - $1,02500 $1,02500
UPS = OR >6KV
AVN-83377*00 Subtotal: $104,691.O0
Quote Total: $104,69'1.00
Shipping: $915.00
Dsicount: ($36,157.20)
Grand Total: $69,448.80
The lease figures are based on a 3 year schedule with payments of $2,070.00 per month.
The system has 3 year 24x7 4 hour support and maintenance included
Page 2 OF 4
-89-
ORDINANCE
APPROPRIATING $125,708.40 FROM THE NO. 1020 GENERAL FUND
MUNICIPAL COURT TECHNOLOGY FEE FOR LEASE OF ONE HP
SERVER AND FOUR DELL SERVERS; AMENDING FY 2003-2004
OPERATING BUDGET ADOPTED BY ORDINANCE NO. 025394 TO
INCREASE APPROPRIATIONS BY $125,708.40; AND DECLARING AN
EMERGENCY
BE Il' ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $125,708.40 from the No. 1020 General Fund Municipal Court
Techr~ology Fee is appropriated for lease of one HP server, and four Dell servers.
SEC'TION 2. That FY 2003-2004 Operating Budget adopted by Ordinance No. 025394
is amended by increasing appropriations by $125,708.40.
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 (:) 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 lirst reading as an emergency measure this the day of ,2003.
ATTE ST
THE CITY OF CORPUS CHRISTI
Armar do Chapa
City S,.~cretary
Appro/ed: December 11, 2003
Lisa A~uilar~
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
-90-
12
CiTY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 1211612003
AGENDA ITEM: (Caption as it should appear on the agenda)
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of $92,001 to the State of Texas, Office of the Governor, Criminal Justice Division
for eligible funding under the Juvenile Accountability Incentive Block Grant Program to
reduce juvenile delinquency, improve the juvenile system, and increase accountability for
juvenile offenders. The City match for this grant is $10,222 in the No. 1020 General Fund,
for a total project cost of $102,224.
ISSUE: The Governor's Criminal Justice Division is awarding Juvenile Accountability
Incentive Block Grant funds to local units of government to promote greater accountability
in the juvenile justice system.
REQUIRED COUNCIL ACTION: City Council must approve submission of the grant
application.
PREVIOUS COUNCIL ACTION: For the past 2 years Council has approved applying for
the Grant in an effort to improve the juvenile system, and increase accountability for
juvenile offenders.
FUNDING: The City match for this grant is $10,222 in the No. 1020 General Fund, for a
total project cost of $102,224.
CONCLUSION AND RECOMMENDATION: Staff recommends submitting the grant
application.
Rene R. Mendiola
Director
Municipal Court
Attachments:
Background Information
Letter from Governor's office
Resolution
-93-
BACKGROUNDINFORMATION
Municipal Court applied and was awarded the grant funding requested. This year,
Municipal court is again applying for this grant. The funds must be used within the 12
specific purpose areas in an effort to achieve the greatest impact on reducing juvenile
delinquency, improve the juvenile justice system and increase the accountability of juvenile
offenders. The maximum years of funding - there is no limit (based on availability). The
deadline for application submission is January 5, 2004. This will be the final year applying
for this Juvenile Accountability Incentive Block Grant.
The City should receive these funds automatically by filing an application. As a Federal
requirement of the funding, the City has established a Juvenile Cdme Enforcement
Coalition (JC£C) consisting of various representatives from the community. The Mayors
Commission on Children and Youth meets the criteria established for the coalition. The
proposed purposes to continue with a dedicated Juvenile Court, establish accountability
standards and interagency sharing of information and improvements in the management of
juvenile cases at Municipal Court meet the grant's criteria.
Establishing the Municipal Juvenile court has been successful in providing the community
the dedicated services to assist in addressing the Juvenile population. The dedicated
services have allowed for better use of the various juvenile programs throughout the City.
The funding has a distribution requirement of 45 and 35 percent minimums to be used in
specific purpose areas; however, a waiver may be granted for the distribution requirement
if the local unit of government can certify that the interest of public safety and juvenile
crime control would be better served by expending the funds in a different proportion. The
City is requesting such a waiver in order to use the majority amount to continue funding
one prosecutor, one Deputy City Marshal, and the cost of the leased space. This is in
addition to establishing and maintaining an interagency information program that enables
prosecutors and Judges to make more informed decisions regarding the juveniles. Under
this proposal, the funds will also be used to expand the interagency sharing of information
between Municipal Court and the Juvenile Assessment Center.
-94-
RICK PERRY
GOVERNOR
STATE OF TEXAS
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
November 3, 2003
Mr. George Noe
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469
Dear City Mayor or County Judge:
This letter is notification for the availability of the application kit for the Juvenile Accountability Block Grant (JABG).
Ov6r 150 local units of government are eligible to apply for these funds. It is impodant to note that there was an
overall 25% reduction of JABG funds received by the State of Texas for this coming grant year. Our office has
been provided with the allocations necessary to disperse these funds to your area. CORPUS CHRISTI CITY
is eligible for $92,001 with a (10%) cash match of $10,222, making the total project budggt $102,224.
The deadline for application submission is on or before January 5, 2004. Applications should be sent
directly to the Criminal Justice Division by email to cdiapps~.qovenor.state.tx.us. We would like to emphasize
tnt this is not a competitive application process; however, an application or waiver must be submitted. The funds
; been designated to your jurisdiction to aid in the reduction of juvenile crime. You will find the application kit
~,,,a a list of allocations on the Governor's web site at http://www.qovernor.state.tx.us.
The Juvenile Crime Enforcement Coalition (JCEC) must meet to approve a plan for addressing juvenile crime. If
your jurisdiction is not able to utilize the funds you have two options:
1. You may return the funds to the State by signing the enclosed Waiver of Funds Form and sending it to
the Governor's Criminal Justice Division.
Or, you may waive to a neighboring jurisdiction by indicating the name of the designated jurisdiction and
amount waivea on the enciosea Waiver of Funos Form, this form must be provided to the designated
entity and submitted as part of their grant application to the Criminal Justice Division.
If yOU have any questions contact Sanzanna Lolls at (512) 463-1919.
Sincerely,
Glenn Brooks
Director of Justice Programs
Enclosure: Waiver Form
Project Director
POST OFFICE BOX 12428 AUS~N, TEXAS 78711 (512) 463-1919 (VOICE) / (512) 475~2440 (FAX)/DIAL7-1-1 FORRELAYSERVICES
-95-
JUVENILE ACCOUNTABILITY
BLOCK GRANT (JABG) WAIVER
OF FUNDS FORM
OFFICE OF THE GOVERNOR
CRIMIWAL JUSTICE DIVISION
P.O. BOX 12428
FAX: 512/475-2440
I T.A.C. §3.1211
Any entity receiving a local allocation may waive their dght to apply for funds and may choose instead to waive their
allocation back to the State or to another entity. The grant applicant that is requesting CJD funding is responsible for
obtaining the written authorization from each entity that chooses to waive their allocation to the applicant's
organization, tn addition, the grant applicant is responsible for forwarding this signed document at the same time that
the Grant Application Certification Form is submiRed to CJD via facsimile or mail CJD will not award any
additional waived funds to the applicant organization until the waiver form is signed and received by CJD via facsimile
or mail
PART [: WAIVER OF ALLOCATION
1. Does the entity choose to waive their allocation to CJD?
2. Does the entity choose to waive their arlocation to ar~ther entity? I~1TM
3. If you selected 'Yes', for either # 1 or # 2 above, PROVIDE the following information:
a) The Name of Entity Waiving Funds: I
b) The waived funds amount ($1: J
c) The name of the organization that wilt receive the allocation waived I
by your entity:
I
d) If funds are being waived to more than one organization, ENTER the additional name(s} of the organization(s)
receiving funds and the amount of the waived funds:
Name(s) of the Entity(les} Receiving Waived Funds Waived Funds Amount
PART Il: SIGNATURE AUTHORIZING THE WAIVER OF ALLOCATION
The above-named entity waiving the altocation understands that if funds are waived to the Governor's Office, Cdminal
Justice Division (CJD), that those funds may be earmarked at the discretion of the executive director. Or, if funds are
waived to another entity, the above-named entity waiving funds understands that those funds may be used to provide
eligible services to organization(s) that are eligible for their own separate grant.
The entity waiving funds hereby authorizes the above-named organization(s) to receive the allocated funds
that were initially dedicated to our organization in effect on the date this form Is signed by the authorizing
official as tisted below.
Name of the Entlty'$ Authorized O fflC~al
Title of the Entity's Authorized
Signature of the Entity'$ Authorized Effective Date
Official
C JO GRANT APPLICATION KIT - F~AGE 26
JABG (CFDA- 16. 523)
-96-
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE STATE OF
TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION
IN THE AMOUNT OF $92,001 FOR FUNDING ELIGIBLE UNDER THE
JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM
TO FUND A PROGRAM TO REDUCE JUVENILE DELINQUENCY,
IMPROVE THE JUVENILE JUSTICE SYSTEM, AND INCREASE THE
ACCOUNTABILITY FOR JUVENILE OFFENDERS; WITH CITY MATCH
OF $10,222 IN THE NO. 1020 GENERAL FUND; FOR A TOTAL
PROJECT COST OF $102,224
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit
a grant application to the State of Texas, Office of the Governor, Criminal Justice
Division in the amount of $92,001 for funding eligible under the Juvenile Accountability
Incentive Block Grant Program to fund a program to reduce juvenile delinquency,
improve the juvenile justice system, and increase the accountability for juvenile
offenders. The City match for this grant is $1020 in the No. 1020 General Fund, for a
total project cost of $102,224.
SECTION 2. The City Manager, or the City Manager's designee, may apply for, accept,
reject, agree to alter the terms and conditions, or terminate the grant, if the grant is
awarded to the City.
SECTION 3. In the event of the loss or misuse of these Criminal Justice Division funds,
the City of Corpus Christi assures that the funds will be returned to the Criminal Justice
Division in full.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: December 5, 2003.
Samuel L. Neal, Jr.
Mayor
Lisa Aguilar
Assistant City Attorney
for City Attorney
DECgMU-1.DOC
-97-
13
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 12/16103
AGENDAITEM:
A. Motion authorizing the City Manager or his designee to accept grant funding in
the amount of $25,000 from the Texas Department of Transportation for an
Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant
for DWI enforcement overtime within the Police Department and to execute all
related documents.
B. Ordinance appropriating $25,000 from the Texas Department of Transportation
for funding of an Impaired Driving Mobilization Selective Traffic Enforcement
Project (STEP) grant for DWI enforcement overtime within the Police
Department in No. 1061 Police Grants Fund; and declaring an emergency.
ISSUE: Because the state of Texas continues to lead the nation in the number of DWI
deaths, injuries and alcohol related crashes, Funds are available to conduct a special
Driving While Intoxicated overtime enforcement program.
BACKGROUND INFORMATION: The State of Texas, Department of Transportation is
providing funding for a special Impaired Driving Mobilization STEP for the period of
December 19, 2003 - January 4, 2003. The grant places overtime officers across the City
with various hours of operation. The goal of the grant is to make a minimum of 90 DWI
arrests during this time period. This is the first year of this type of mobilization grant.
REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds.
FUNDING: Officers will be working on an overtime basis with the State providing 100% of
the salary, retirement, and mileage.
CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and
appropriating the funds.
P. Alvare/z~Jl'T ~4~-~'
Chief of~
Attachments:
TXDOT Contract
-101-
ATTACHMENT A
APPROVED PROJECT DESCRIPTION
FY 2003 & FY 2004 Impaired Driving Mobilization STEP
City of Corpus Christi
SUBGRANTEE
PROBLEM STATEMENT:
Texas continues to be the national leader in the number of Driving While Intoxicated (DWI)
deaths, injuries and alcohol related crashes in the nation. In 2000, Texas had 16,080 reported
alcohol-related crashes, with 898 of those crashes resulting in death. Many of these deaths
could be prevented In an effort to reduce economic and personal losses, Texas will be
conducting targeted Impaired Driving Mobilizations in conjunction with the national
mobilization from December 19, 2003 - January 4, 2004. Many Texas law enforcement
agencies do not have the resources to enhance their enforcement efforts to focus on the
impaired driver. Some federal traffic safety funding has been provided over the years to
various agencies for DWI selective traffic enforcement projects (STEP) and these programs
have been extremely successful. In order to decrease DWI, DWI crashes, deaths, and injuries
in Texas, additional enforcement, along with a highly visible media campaign, is the key.
OBJECTIVES/PERFORMANCE GOALS:
Objective:
To conduct an (one) Impaired Driving Mobilization STEP by January 4, 2004.
Performance Goals:
To make a minimum of 90 DWI arrests under this grant during the December 19,
2003 - January 4, 2004 Impaired Driving Mobilization.
To complete administrative and general grant requirements for the fiscal year.
To support grant enforcement efforts with a public information and education (PI&E)
program for the mobilization.
Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a
police officer make a specified or predetermined number of arrests in pursuance of the
Subgrantee's obligations hereunder.
HI. PERFORMANCE INDICATORS:
The following performance indicators shall be included in the Performance Reports, Annex
Reports, and summarized in the Administrative Evaluation:
Number and type of citations/arrests issued under the Impaired Driving
Mobilization.
B. Subgrantee total number and type of citations/arrests including STEP.
-102-
Number of Impaired Driving Mobilization STEP enforcement hours worked.
Maintenance of non-Impaired Driving Mobilization STEP activity.
Number of officers working Impaired Driving Mobilization STEP trained in the
Standardized Field Sobriety Testing (SFST).
Number &news conferences. A minimum of(l) one news conference must be
conducted for the mobilization.
Number of public information and education materials distributed (by item) provided
by statewide media contractor.
Number of news releases issued. A minimum of(2) two news releases must be
issued for the mobilization.
Number of alcohol-related crashes during the mobilizations.
RESPONSIBILITIES OF THE SUBGRANTEE:
Carry out the objective/performance goals of this grant by implementing the Action
Plan in this attachment.
An Administrative Evaluation summarizing all activities and accomplishments will be
submitted on Department approved forms and is due on October 15, 2004. In addition
to a hard copy, an electronic version must also be submitted to the Department.
C. Attend meetings according to the following:
The Subgrantee will arrange for meetings with the Department as indicated in
the Action Plan to present status of activities, discuss problems and schedule for
the following quarter's work.
The project coordinator or other qualified person will be available to represent
the Subgranten at meetings requested by the Depas hnent.
D. No out of state travel is allowed under this grant agreement.
Maintain verification that wages or salaries for which reimbursement is requested is for
work exclusively related to this project.
In addition to the Impaired Driving Mobilization enforcement activities, maintain the
agency's total non-STEP enforcement citations at no less than the level attained prior to
grant approval.
Ensure that the enforcement hours worked under the grant are for Impaired Driving
Mobilization enforcement activities.
-103-
Ensure that each officer working on the Impaired Driving Mobilization project will
complete an officer's daily report form. At a minimum, the form should include: name,
date, badge number, type grant worked, grant site number, mileage (including starting
and ending mileage), hours worked, type citation/arrest, officer and supervisor
signatures.
Ensure that no officer above the rank of Lieutenant (or equivalent title) will be
reimbursed for enforcemem duty.
Support enforcement efforts with public information and education in coordination
with statewide efforts.
Require that all officers assigned to work DWI enforcement are trained in the
NHTSA/IACP Standardized Field Sobriety Testing (SFST). Provide a letter to the
Depat hnent from the enforcement agency head, training officer, or authorized
individual stating that the officers working the grant are trained.
Subgrantees with a Traffic Division will utilize traffic personnel for this grant unless
such personnel are unavailable for assignment.
Ensure that salaries for employees reimbursed under this grant are either overtime pay
or additional hires. In no case will federal funds supplant (i.e., replace existing state or
local expenditures with the use of federal grant funds) Subgrantee wages for activities
which are akeady supported by local or state funds.
Submit performance reports to the Department within (15) fifteen days after the
enforcement period, July 28, 2003 for the first mobilization and January 19, 2004, for
the second mobilization.
The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a
safety belt use policy in place, a policy should be implemented during the grant period.
If an officer makes an Impaired Driving Mobilization related arrest during the shi~, but
does not complete the arrest before the shift is scheduled to end, the officer can
continue working under the grant to complete that arrest.
The Subgrantee must enter all Performance and Annex Report data into the Buckle Up
Texas Website (www.buckleuptexas.com) prior to submission of the hard copy reports
to the Department. Printed versions of the Website reports are acceptable versions for
hard copy submissions.
RESPONSIBILITIES OF THE DEPARTMENT:
Monitor the Subgrantee's compliance with performance obligations and fiscal
requirements oftNs grant.
B. Provide program management, technical assistance, and attend meetings as appropriate.
-104-
Reimburse the Subgrantee for all eligible costs as defined in Attachment B,
Approved Project Budget. Requests for Reimbursement will be processed up to the
maximum mount payable as indicated on the cover page of this agreement.
Perform an administrative evaluation of the project at the close of the grant
period to include a review of adherence to budget, Action Plan and attainment of
objective/performance goals.
VI. OPERATIONAL PLAN:
FY 2004 Impaired Driving Mobilization STEP
SITE DESCRIPTION Enforceanent Pehod
(dates and range of acceptable times during which enforcement
should be conducted)
December 19 - 31, 2003 (6:00 p.m. - 6:00 a.m., daily)
Impaired Driving Mobilization January 1 - 4, 2004 (24 hour per day)
Jurisdiction wide
"-'~ ~" Dece"'~";ber 1t~ "~'~'~; .............. ,4, 200 '~;':~]
Pre-Media Post-Media
Campaign
January
Description of Activities
Pre-Media Campaign
Conduct local media events unmediately before the enforcement effort to maximize the visibility of enforcement to
the public. These m~lia events tell the public when, where, how and why the DWI law is being enforced.
Enforcement Mobilization
Intensify overtime enforcement by placing primmy emphasis on mereasing the number of arrests for DWI during
both mol~thzation periods.
Post-media Campaign
Conduct local media events to tell the public why additional alcohol enforcement is important and the results of the
mobilization.
-105-
FY 2003 & FY 2004 ACTION PLAN
OBJECTIVE: To conduct (2) two Impaired Driving Mobilization STEPS by January 31, 2004.
KEY: P = planned activity
C = completed activity
R = revised
Administrative and general grant requirements.
IDM STEP 5/03
PROJECT MONTH
ACTIVITY
RESPONSIBLE
MR
AP
MY
JN
JY
AU
SE
OC
NO
DE
JA
FE
MR
1. Grant delivery meeting held.
Department
P
2. Requests for Reimbursement submitted.
Subgrantee
P
3. Performance and Annex Reports submitted.
Subgrantee
P
4. Grant progress review meeting.
Subgrantee &
P
Department
5. Conduct on-site monitoring visit.
Department
P
P
6. Administrative Evaluation submitted for each
Subgrantee
04
FY.
7. Submit letter regarding signature authority.
Subgrantee
P
8. Submit SFST training letter.
Subgrantee
P
9. Submit operational cost per vehicle mile (if
Subgrantee
P
applicable).
10. Conduct enforcement efforts.
Subgrantee
P
P
IDM STEP 5/03
FY 2003 & FY 2004 ACTION PLAN
oB. cnw: To conduct (2) two Impaired Driving Mobilization STEPS by January 31, 2004.
KEY: P = planned activity
C = completed activity
R = revised
Public information and education (PI & E) activities requirements.
IDM STEP 5/03
PROJECT MONTH
ACTIVITY
RESPONSIBLE
MR
AP
MY
IN
JL
AU
SE
OC
NO
DE
JA
FE
MR
1. Contact the Department regarding PI&E
Subgrantee
P
procedures and planning to coordinate with
statewide efforts.
P
P
2. Distribute materials provided by Department's
Subgrantee
statewide media contractor.
P
P
3. Maintain records of all PI&E materials
Subgrantee
received/distributed.
4. Report on activities in Performance Report.
Subgrantee
P
5. Conduct news conference(s).
Subgrantee
P
6. Issue news release(s).
Subgrantee
P
P
IDM STEP 5/03
A~chme~ B
Form 2077-LE (rev. 8/2002)
(GSD-EPC Word 97)
Page I of 2
Traffic Safety Project Budget
(for Law Enforcement Projects)
Project Title: Impaired Ddvin.q Mobilization STEP (FY 2004)
Name of Subgrantee: City of Corpus Chdsti
(Round figures to nearest dollar)
Other/
TxDOT State/Local TOTAL
Budget Category I - Labor Costs
(10o) Salaries
[] Overtime or [] Regular Time
Salary rotes are estimated for budget pmpeses only.
Reimbursements will be based on actual costs par employee in
accordance with Subgmmee's payroll policy and salmy rate.
List detailn'
A. Enforcement (ove~me)
1. O~cers: 593.00 hrs. ~ $34.60 per hr. 20,518 20,518
2. Sergeants: hrs. ~ $ per hr. 0
3. Lieutenants: __ hrs. ~ $ per hr. 0
B. PI&E Activities (overtime)
[not to exceed 10% of Total Salaries budgeted (100)]
__hrs. @$ per hr. 0
C. Other (i.e., overtime ~aff. superv~ory supperL conduc~dng
~ in-house instructors for OP violators course)
[not to exc~d 10% ~f Grand Total Budget Amount]
Specify: administrative paperwork
8.00 hrs. ~ $34.60 per hr. 277 277
Total Salaries .......................................................................... 20,795 0
(200) Fringe l~neflts
List detsils:
A. FICA ~, 7.65% 1,591
1~591
B. TMRS (~, 11.75% 2,443 2,443
C. 0
D. 0
(300) Travel and Per Diem* ...................................................
Reimbursements will be based in accordaace with Subgrantee's
travel policy, not to exceed state rates.
L Total Labor Costs (100 + 200 + 300) ........................................
4,034 0 4,034
0 0 0
24~829 0 24?029
* Budget Detail: As an attachment to the budget, a justification and a detailed cost breakdown is required for all
costs included for Travel (300), Equipmem (400), Supplies (500), Contractual Services (600), and Indit~ Cost
Rates (800)
-108-
TxDOT Form 2077-LE (rev. 8~2002)
(GSD-EPC Worn 97)
Page 2 of 2
Attachment B
Proje~ T~le: Impaired Dri~ng Mo~lizalion STEP (F~f 2004)
Subgmn~e: CI~/~ Corpus ~
(Round figures to nearest dollar)
Other/
TxDOT State/Local TOTAL
Budget Category H - Other Direct Costs
(400) Equipment* ...................................................................
(500) Supplies* ........................................................................
(600) Coatractual Sernces ...................................................
(700) Other MbceUane~ms*
A. Subgrantce Vehicle Mileage:
Rates used only for budget estimate. Reimbursement will
be made according to thc approved subgmntec's average
cost per mile to operate patrol vehicles, not to exceed the
state rate. ~l~ion of cost per mile is required prior
to reimbursement.
489.00 miles ~ $0.3500 per mile
B. Registration fees (mani,~ wo~V, shol,s, co~'~ace~ etc.) .................
C. Public information & education (PI&E) materials ................
1. Educational items = $
(eg.: brochures, bumper stickers, posters, fliers, etc.)
2. Promotional items = $.__
(eg.: key chains, magnets, pencils, pens, mugs, etc.)
D. Other* ................................................................................
Total Other Miscellaneous .....................................................
II. Total Other Dirozt Costs (400 + 500 + 600 + 700) ..................
0 0
0 0 0
0 0 0
171 171
0 0 0
0
0 0 0
171 0 171
171 0 171
Budget Category m - Indirect Costs
(8oo) Indirect Cost Rate* (at %) ....................................
0 0 0
Summary:
Total Labor Costs .................................................................... ____ 24~829
Total Other Direct Costs .........................................................
Total Indirect Costs .................................................................
Grand Total (I+H+m) ................................................. 25,000
Fund Sources (Percent Share) .................................................. 100.00%
0 24~29
171 0 171
0 0 0
o 2S,000
0.00%
* Budget Detail: As aa attachment to the budget, a justification and a detailed cost breakdown is required for all
costs included for Travel (300), Equipment (400), Supplies (500), Contractual Services (600), and Indirect Cc~t
Rates (800)
-109-
Project Title: Inmaired Driving M0biliT~tion STEP
Name of Subgrantee: City of Corpus Christi
Budget Detail
BUDGET CATEGORY I - LABOR COSTS
(100) Salaries
1. Officers: 593 hours (Estimate based on 4 office, rs, 8 hours a day, 17 da rs enforcement)
~/ $34.60 ~erhour**= $ 20,518 $20,518 $ I$ 20,518
2. Sergeants: 0 ~ours
BI $0.00 mr hour = $ $ $ $
3. Lieutenants: 0 ~ours
~[ So.o0 ~r hour = $ $ I $ $
B. PI&E ACTIVI'II~S (overtime) $ $ $
[not to exceed 10% of (100) salable-!
[hours ~ [ ~er hour =
C.
OTHER
1. ORJ~ers: ~dministrativ¢ paperwork
8[hours ~ I $34.60~per hour = $ 277 [$ 277 $ $ 277
(200) Fringe Benefits
A. Rate: (if not included in houri ~ rate) 19.40~ $ 4,034 $ $ 4,034
7.65% 1,591
11.75% 2,443
B. Other salaries: $ $ $
I'OTAL FRINGE BENEFITS $ 4,034 $ $ 4,034
(700) Other Miscellaneous
A. SUBGRANTEE VEHICLE MILEAGE
4891miles* at
I $ 0.3500 ~r mile =
171
$ 171 $$
171
$ 171 ]
- $ 171
J:\GRANTS\STEP~DWI~DWI SPECIAL,BUDGET NARRATIVE.DOC
12/5/2003
PROJECT BUDGET
Impaired Ddvino Mobilization STEP (FY 2004~
(title of Project)
City of Corpus Chdsti
(Name of Subgrantee)
(Round figures to nearest $)
Federal Local/~tate
Funds Funds TOTAL
BUDGET CATEGORY I- LABOR COSTS 100% 0%
(100) Salaries I I
Hourly wage rates are estimated for budget purposes
only. Reimbursements will be based on actual
costs per employee in accordance with Sub-
irantee's payroll pelic and sala~ rate.
A. ENFORCEMENT (overtime)
1. Offlcem: I 593 hours
$34.60 per hour'- $ 20,518 $ 20,518 $ $ 20,518
2. Sergeants: 0 hours
~ $0.00 :)er hour =$ $ $ $
3. Lieutenants: 0 ~ours
~ $0.00 ~er hour = $ $ $ $
B. PI&E ACTIVITIES (overtime) $ $ $
[not to exceed 10% of (100) salaries]
C. OTHER hours ~[~ per hour =
(i.e., overtime staff, supervisory support, conducting surveys, in-house instructors for OP violators
course: not to exceed 10% of total grant amount) Type, # hours, rate =
1. Officers: administrative paperwork
8 hours ~ $34.60 'per hour = $ 277 $ 277 $ $ 277
TOTAL SALARIES $ 20,795 $ $ 20,795
I
(200) Frinae Benefits
A. Rate: (if not included in houdy rate) 19.40% $ 4,034 $ $, 4,034
FtCA 7.65%; 1,591
TMRS 11.75% 2,443
B. Other salaries: $ $ $
TOTAL FRINGE BENEFITS $ 4,034 $ $ 4,034
I I
(300) Travel and Per Diem
Mileage (documentation of rate is required
)dot to reimbursement), airfam, car rental,
)er diem, etc. Reimbursements will be based
in accordance with Subgrantee's travel policy
not to exceed state rates.
TOTAL TRAVEL & PER DIEM $ $ $
TOTAL LABOR COSTS $ 24,829 i $ $ 24,829
12/5/2003
I of 2
-111-
DWI mobilization BUDGET
Federal State/Local
Funds Funds TOTAL
BUDGET CATEGORY II - OTHER DIRECT COSTS: 100% 0%
(400) Eouioment (specify type/quantity) $ $
I I I
(500) Supplies (postage, printing, & office supplies, etc.) $ $
(700) Other Miscellaneous (soecify)
A. SUBGRANTEE VEHICLE MILEAGE $ 171 $ $ 171
Rates used only for budget estimate. Reimbursement will be
made according to the approved Subgrantee's average cost per
mile to operate patrol vehicles, not to exceed the state rate.
Documentation of cost per mile is required prior to reimbursement.
For Match Only: per mile
4891miles*at $ 0.3500 = $ 171 $ 171 $ $ 171
B. REGISTRATION FEES (training, workshops, conferences, etc.) $ ! $ $
C. PUBLIC INFORMATION AND EDUCATION (PI&E) MATERIALS
1. Educational items ~ $0 I
(examples: brochures, bumper stickers,
pesters, flyers, etc.)
2. Promotional items I $0
(examples: key chains, magnets,
pencils, pens, mugs, etc.)
TOTAL PI&E $ $ $
TOTAL OTHER MISCELLANEOUS $ 171 $ $ 171
TOTAL OTHER DIRECT COBTS $ 171 $ $ 171
SUMMARY:
TOTAL LABOR COSTS $ 24,829 $ $ 24,829
TOTAL OTHER DIRECT COSTS $ 171$ $ 171
GRAND TOTAL $ 25,000 $ $ 25,000
Fund Sources:
Percent Share 100% 0%
BUDGET NARRATIVE: Include in narrative form any needed explanations as to specifics on
lravel (where to, what for, etc.), kinds of equipment, details on large dollar items and subcontracts, etc.]
Travel: grant administrator, coordinator, officers to attend grant management seminars in San Antonio.
'Average monthly mileage [or 02./03 DWI STEI 1,053
12/5/2003
2 of 2
-112-
DWI mobilization BUDGET
Attachment B
Project Title: Impaired Driving Mobilization STEP
Texas Traffic Safety Program
GRANT AGREEMENT GENERAL TERMS AND CONDITIONS
ARTICLE 1. COMPLIANCE WITH LAWS
The Subgrantce shall comply with all federal state, and local laws, statutes, codes, ordinances, rules and
regulations, and the orders and decrees of any courts or administrative bodies or tfibnnals in any matter
affecting the performance of this Agreement, including, without limitation, workers' compensation laws,
minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations,
and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with
satisfactory proof of its compliance therewith.
ARTICLE 2. STANDARD ASSURANCES
The Subgrantee hereby assures and certifies that it will comply with the regulations, po[ides, guidelines,
and reqUmanents, including 49 CFR, Part 18; 49 CFR, Part 19 (OMB Circular A-110); OMB Circular
A-87; OMB Circular A-102; OMB Cirenlar A-21; OMB Circular A-122; OMB Circular A-133; and the
Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state
funds for this project. Also, the Subgruntee assures and certifies that:
A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has
been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing
of the application, including all understandings and assurances coBtained therein, and directing and
anthori~inE the person identified as the official representative of the applicant to act in connection with
the application and to provide such additional information as may be required.
B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-
352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of
race, color, sex, national origin, age, religion, or disability.
C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970, as amended; 42 USC §§4601 et seq.; and United States
Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property
Acquisition for Federal and Fedendly Assisted Programs," 49 CFR, Part 24, which provide for fair and
equitable treatment of persons displaced as a result of federal and federally assisted programs.
D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity
of employees. (See also Article 25, LobbYing Cerfification.)
E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements
for employees performing project work.
F. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties.
G. It will give the Department the access to and the right to examine all records, books, papers, or
documents related to this Grant Agreement.
H. It will comply with all requirements imposed by the Depamnent concerning special requirements of
law, program requirements, and other administrative requirements.
-113-
Attachment B
Project Title: Impaired Driving Mobilization STEP
It recognizes that many federal and state laws imposing environmental and resource conservation
requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may
affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC
§§4321 et seq.; the Clean Air Act, as amended, 42 USC §§7401 et seq. and sections of 29 USC; the
Federal Water Pollution Control Act, as amended, 33 USC §§1251 et seq.; the Resource Conservation
and Recovery Act, as amended, 42 USC §§6901 et seq.; and the Comprehensive Environmental
Response, Compensation, and Liability Act, as mended, 42 USC §§9601 et seq. The Subgrantee also
recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have
issued, and in the future are expected to issue, regulation, guidelines, standards, orders, directives, or
other reqmroments that may affect this Project. Thus, it agrees to comply, and assures the compliance
of each contractor and each subcontractor, with any such federal requirements as the federal
government may now or in the future promulgate.
It will comply with the flood insurance purchase requa-ements of Section 102(a) of the Flood Disaster
Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the
purchase of flood insurance in communities where such insurance is available as a condition for the
receipt of any federal financial assistance for construction or acquisition p~ for use in any area
that has been identified by the Secretary of the Department of Housing and Urban Development as an
area having special flood haTards. The phrase "federal financial assistance" includes any form of loan,
grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of
direct or indirect federal assistance.
K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation
Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of
Texas (National Resources Code, Chapter 191).
It will comply with Chapter 573 oftbe Texas Governmem Code by ensuring that no officer, employee,
or mernher of the Subgrantce's governing board or the Subgmntec's subcoahactors shall vote or
confinn the employment of any person related within the second degree of affinity or third degree by
cousan~linity to any member of the governing body or to any other officer or employee authorized to
employ or supervise such person. This prohibition shall not prohibit the employment of a person
described in S~tien 573.062 of the Texas Government Code.
M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this
project shall be available to the public during normal business hours in compliance with Chapter 552
of the Texas Government Code, unless otherwise expressly provided by law.
N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all
reg~dar, special, or called meetings of governmental bodies to be open to the public, except as
otherwise provided by law or specifically permitted in the Texas Constitution.
ARTICLE 3. COMPENSATION
A. The method of payment for this Agreement will he based on actual costs incurred up to and not to
exceed the limits specified in Attachment E, Traffic Safety Project Budget. The amount included in the
Project Budget will be deemed to he aa estimate only and a higher amounI can be reimbursed, subject
to the conditions specified in paragraph B hereunder. If Attachment E, Traffic Safety Project Budget,
specifies that costs are based on a specific rate, per-unit cost, or other method of payment,
reimbursement will be based on the specified method.
-114-
Attachment B
Project Title: lmoaired Driving Mobilization STEP
B. All payments made hereunder will be made in accordance with Attachment E, Traffic Safety Project
Budget. The Subgrantec's expenditures may overrun a budget category in the approved Project Budget
without a grant (budget) amendment, as long as the overrun does not exceed five (5) percent of the
maximum amotmt eligible for reimbursement in the budget for the covered fiscal year and there is also
a commensurate underrun elsewhere in the Project Budget. The Subgrantee must provide written
notification to the Department of an overrun of five (5) percent or less in order for there to be approval
of the Request for Reimbursement. This notification must be in the form of an attachment to the
Request for Reimbursement that covers the period of the overrun. This attachment must indicate the
amount, the percent change, and the specific reason(s) for the overrun. Any overrun of more than five
(5) percent of the amount eligible for reimbursement in the budget for the covered fiscal year requires
an amendment of this Grant Agreement. The maximum amount eligible for reimbursement shall not be
increased above the total Department (TxDOT) amount in the approved Project Budget as a result of
exceeding a budget category without a written grant amendment.
C. To be eligible for reimbursement under this Agreement, a cost must be incarred in accordance with
Attachment E, Traffic Safety Project Budget, within the time fxame specified in Grant Period on page 1
of this Grant Agreement, attributable to work covered by this Agreement, and which has been
completed in a manner satisfactory and acceptable to the Department.
D. Federal funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers
to the use of federal funds to support personnel or an activity already supported by local or ~_ate funds.
E Payment of costs incurred under this Agreement is further governed by one of the following cost
principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars:
· A-21, Cost Principles for Institutions of Higher Education;
· A-87, Cost Principles for St_ate, Local, and Indian Tribal Governments; or,
· A-122, Cost Principles for Nonprofit Organizations.
F. The Subgrantec agrees to submit monthly or quarterly Requests for Reimbursement, as designated in
Attachmem D, Action Plan, within thirty (30) days after the end of the billing period. The Subgranten
will use billing forms acceptable to the Department. The original Request for Reimbursement, with the
appropriate backup documentation, must be submitted to the Department address shown on
Attachment A, Mailing Addresses, of this Agreement. In addition, a copy of the Request for
Reimbursement and appropriate backup documentation, plus three (3) copies of the Request for
Reimbursement withom backup documentation, must be submitted to this same address.
G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within
forty-five (45) days of the end of the gram period.
H. The Department will exercise good faith to make payments within thirty (30) days of receipt of
properly prepared and documented Requests for Reimbursement. Payments, however, are contingent
upon the availability of appropriated funds.
I. Project agreements supported with federal funds are limited to the length of this Grant Period, which is
specified on page 1 of this Grant Agreement. If the Department determines that the project has
demonstrated merit or has potential long-range benefits, the Subgrantce may apply for funding
assistance beyond the initial Agreement period. Preference for funding will be given to those projects
for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest
percentage of subsequent project costs, and which have demonstrated performance that is acceptable to
the Department.
-115-
Attachment B
Project Title: Impaired Driving Mobilization STEP
ARTICLE 4. LIMITATION OF LIABILITY
Payment of costs incurred hereunder is contingent upon the availability of funds, ff at any time durin~ this
Grant Period, the Department determines that there is insufficient funding to continue the project, the
Department shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as specified
in Article 11 of this Agreement. If at the end of a federal fiscal year, the Department determines that there
is sufficient funding and performance to continue the project, the Department may so notify the Subgrantee
to continue this agreement.
ARTICLE 5. AMENDMENTS
This Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing
the Grant Agreement Amendment designated by the Department. Any amendment must be executed by the
parties within the Grant Period, as specified on page 1 of this Grant Agreement.
ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK
If the Subgrantee is oftbe opinion that any assigned work is beyond the scope of this Agreement and
constitutes additional work, the Subgrantee shall promptly notify the Department in writing, ff the
Department finds that such work does constitute additional work, the Department shall so advise the
Subgrantee and a written amendment to this Agreement will be executed according to Article 5,
Amendments, to provide compensation for doing this work on the same basis as the original work. If
performance of the additional work will cause the maximum amount payable to be exceeded, the work will
not be performed before a written grant amendment is executed.
ff the Subgrantee has submitted work in accordance with the terms of this Agreement but the Deparlment
requests changes to the completed work or parts thereof which involve changes to the original scope of
services or character of work under this Agreement, the Subgrantee shall make such revisions as requested
and directed by the Department. This will be considered as additional work and will be paid for as
specified in this Article.
If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department
shall instinet the Subgrantee to make such revisions as are necessary to brin4 the work into compliance
with this Agreement. No additional compensation shall be paid for this work.
The Subgrantee shall make revisions to the work authorized in this Agreement, which me necessary to
correct errors or omissions a~pearing therein, when required to do so by the Department. No additional
compensation shall be paid for th/s work.
The Department shall not be responsible for actions bythe Subgrantee or any costs incurred bythe
Subgrantee relating to additional work not directly associated with or prior to the execution of an
amendment.
ARTICLE 7. REPORTING AND MONITORING
Not later than thirty (30) days after the end of each reporting period, as designated in Attachment D, Action
Plan, the Subgrantee shall submit a performance report using forms provided or approved by the
Department. The performance report will include, as a minimum: (1) a comparison of actual
accomplishments to the objectives established for the period, (2) reasons why established objectives and
performance measures were not met, if appropriate, and (3) other pertinent information, including, when
appropriate, an analysis and explanation of cost undernms, overruns, or high unit costs.
-116-
Project Title: Impaired Driving Mobilization STEP
Attachment B
The Subgrantee shall submit the Final Performance Report and Admini~halive Evaluation Report within
thirty (30) days after completion of the grant.
The Subgrantee shall promptly advise the Department in writing of events that will have a significant
impact upon this Agreement, including:
A. Problems, delays, or adverse conditions, including a change of project director or other changes in
Subgrantee personnel, that will materially affect the ability to attain objectives and performance
measures, prevent the meeting of time schedules and objectives, or preclude the attainment of projeet
objectives or performance measures by the estabhshed time periods. This disclosure shall be
accompanied by a statement of the action taken or contemplated and any Department or federal
assistance needed to resolve the situation.
B. Favorable developments or events that enable meeting time schedules and objcelaves sooner than
anticipated or achieving greater performance measure output than originally projected.
ARTICLE 8. RECORDS
Thc Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other
evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and
shall make such records available at its office for the time period authorized within the Grant Period, as
specified on page I of this Grant Agreement. The Subgrantce further agrees to retain said records for four
(4) years from the date of final payment nnder this Agreement, until completion of all audits, or until
pending litigation has been completely and fully resolved, whichever occurs last.
Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas
State Auditor, and the Comptroller General shall have access to the records. This right of access is not
limited to the four (4) year period but shall last as long as the records are retained.
ARTICLE 9. INDEMNIFICATION
To the extent permitted by law, the Subgrantee, if other than a government entity, shall mdenmify, hold,
and save harmless the Deparlm~nt and its officers and employees from all clam~ and liability due to the
acts or omissions of the Subgnmtce, its agents, or employees. The Subgrantee also agrees, to the extent
permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses,
inchidmg but not limited to attorney fees, all court costs and awards for damages recurred by the
Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the
Subgrantee, its agents, or employees.
Further, to the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect,
indenmify, and save harmless the Department from and against all claims, demands, and causes of action of
every kind and character brought by any employee of the Subgrnntee against the Department due to
personal injuries or death to such employee resulting from any alleged negligent act, by either commission
or omission on the part of the Subgrantce.
if the Subgrnntee is a government entity, both parties to this Agreement agree that no party is an agent,
servant, or employee of the other party and each party agrees it is responsible for its in~vidual acts and
deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents.
-117-
Attachment B
Project Title: Impaired Driving Mobilization STEP
ARTICLE 10. DISPUTES AND REMEDIES
This Agreement supcreedes any prior oral or written agreements, ff a conflict arises bctw~en this
Agreement and the Traffic Safety Program Manual, this Agreement shall govern.
The Subgmntee shall be responsible for the settlement of all contractual and administrative issues arising
out of procurement made by the Subgrantee in support of Agreement work.
Disputes concermng performance or payment shall be submitted to the Departmeat for settlement, with the
Executive Director acting as referee.
ARTICLE 11. TERMINATION
This Agreement shall remain in effect until thc Subgrantee has satisfactorily completed all services and
obligations described herein and these have been accepted by the Department, unless:
* This Agreement is terminated in writing with thc mutual consent of both parties; or
· There is a written thirty (30) day notice by either party; or
· The DeparUnent determines that the performance of the project is not in the best interest of the
Department and informs the Subgrantec that the project is terminated immediately.
The Deparmaent shall compensate the Subgrantee for only those eligible expenses incurred durinG the Cu'ant
Period specified on page 1 of this Grant A4grcement which are directly attributable to the completed portion
of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory
and acc~table to the Department. The Subgrantee shall not incur nor be reimbursed for any new
obligations nfler the effective d=t~ oftermmation.
ARTICLE 12. INSPECTION OF WORK
The Department and, when federal funds are involved, the US DOT, or any authorized representative
thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being
performed hereunder and the premises in which it is being performed.
If any inspection or eval,afion is made on the premises of the Subgrantee or its subcontractor, the
Subgrantec shall provide and require its subcontractor to provide all reasonable facilities and assistance for
thc safety and convenience of thc inspectors in the performance of theft duties. All inspec~ons and
evaluations shall be performed in such a manner as will not unduly delay the work.
ARTICLE 13. AUDIT
The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98-
502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133, "Audits
of States, Local Governments, and Other Non-Profit Organizations."
The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly
under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds
directly under this Agreement or indirectly through a subcontract under this Agreement acts as aceeptance
of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an
audit or investigation in connection with those funds.
-118-
Attachment B
Project Title: Impaired Driving Mobilization STEP
ARTICLE 14. SUBCONTRACTS
The Subgnmtee shall not enter into any subconlxact with in~viduals or organizations not a part of the
Subgrantee's organization without prior written concurrence with the subcontract by the Department.
Subcontracts shall contain all required provisions of this Agreement. No subcontract will relieve the
Subgrantee of its responsibility under this Agreement.
ARTICLE 15. GRATUITIES
Texas Transportation ConmUssion policy mandates that employees of the Department shall not accept any
benefit, gi~ or favor from any person doing business with or who, reasonably speaking, may do bnsmess
with the Department under this Agreement. The only exceptions allowed are ordinary business lunches and
items that have received the advanced written approval of the Department's Executive Director.
Any person doing business with or who reasonably speaking may do business with the Department under
this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as
mentioned here above. Failure on thc part of the Subgruntee to adhere to this policy may result in
termination of this Agreement.
ARTICLE 16. NONCOLLUSION
The Subgrantee warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not
paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, ~ or any other consideration contingent upon or resulting fi.om the award or
making of this Agreement. ffthe Subgrantee breaches or violates this warranty, the Department shall have
thc ri4~ht to annul this Agrcemem without liability or, in its discretion, to deduct from the Agreement price
or consideration, or otherwise recover the full mount of such fee, commission, brokerage fee, contingent
fee, or gift.
ARTICLE 17. CONFLICT OF INTEREST
The Subgrantee represents that it or its employees have no conflict of interest that would in any way
interfere with its or its employees' performance or which in any way conflicts with the interests of the
Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or
conditions that could result in a conflict with the Department's interests.
ARTICLE 18. SUBGRANTEE'S RESOURCES
The Subgran~ certifies that it presently has adequate q, alified personnel in its employment to perform the
work required under this Agreement, or will be able to obtain such personnel from sources other than the
All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform
the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is
incompetent or whose coMuct becomes detrimental to the work, shall immediately be removed from
association with the project.
Unless othermse specified, the Subgrantee shall furnish ail equipment, materials, supplies, and other
resources required to perform the work.
-119-
Attachment B
Project Title: Impaired Driving Mobilization STEP
ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT
The Subgrantec shall establish and administer a system to procure, control, protect, preserve, use,
l~ain~l, and dispose of any property furnished to it by the Department or purchased puts. ant to this
Agreement in a~;ordane~ with its own property management procedures, provided that the procedures are
not in conflict with the Department's property management procedures or property management slandards
and federal standards, as appropriate, in:
* 49 CFR. Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements
to S!n_t¢ and Local Govemments," or
· 49 CFR, Part 19 (OMB Circular A-110), "Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations."
ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
Upon completion or teri~inafion of ~ Grant Agreement, whether for eanse or at the convenience of the
parties hereto, all finished or ,nfininhed documents, data, studies, surveys, reports, maps, drawings,
models, photographs, etc. prepared by the Subgrantee, and equipmem and supplies purchaned with gram
funds shall, at the option of the Department, become the property of the Department. All sketches,
photographs, calculations, and other data prepared under this Agreement shall be made available, upon
request, to the Department without restriction or limitation of their further use.
A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights
covering any data bases, software, inventions, training manuals, systems design, or other proprietary
information in any form or medium.
B. All rights to Department. The Departmem shall own all of the rights (including copyrights, copyright
applications, copyright renewals, and copyright extensions), title and interests in and to all data, and
other information developed under this contract and versions thereof unless otherwise agreed to in
writing that there will be joint ownership.
C. Ail rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type
of funding or resource assistance from the Department remain the Subgrantee's intellectual property.
For these classes and materials, the Department payment is limited to payment for attendance at
classes.
ARTICLE 21. SUCCESSORS AND ASSIGNS
The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators
to the other party to this Agreement and to the successors, executors, assigns, and administrators of such
other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or
transfer interest and obligations in this Agreement without written consent of the Department.
ARTICLE 22. CIVIL RIGHTS COMPLIANCE
A. Compliance with regulations: The Subgrantec shall comply with the regulations relative to
nondiscrimination in federally-assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR,
Subehapter C; and 41 CFR, Parts 60-74, as they may be amended periodically (hereinaP~er referred to
as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S.
Departxnent of Labor regulations (41 CFR, Part 60).
-120-
Attachment B
Project Title: Impaired Driving Mobilization STEP
B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this
A4g-reement' shall not discriminate on the grounds of me, e, color, sex, national origm, age, religion, or
disability in the selection and retention of subcontractors, including procurements of materials and
leases of equipment.
C. Solicitations for subconWacts, including procurement of materials and equipment: In all solicitations
either by compelafive bidding or negotiation made by the Subgrantee for work to be performed under a
subcontract, including procurements of materials and leases of equipment, each potential subcontractor
or supplier shall be notified by the Subgruntee of the Subgrantee's obligations under this Agreement
and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age,
religion, or disability.
D. Information and reports: The Subgrantee shall provide all information and reports required by the
regulations, or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the Department or the
USDOT to be pertinent to ascertain compliance with such regulations or directives. Where any
information required of the Subgrantee is in the exclusive possession of another who fails or refuses to
furnish this information, the Subgrantee ~hall so certify to the Deparunent orthe US DOT, whichever
is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested
information.
Sanctions for noneomphance: In the event of the Subgrantee's noncompliance with the
nondisc 'nmination provision of this Agreement, the Department shall mapose such sanctions as it or the
US DOT may determine to be appropriate.
Incorporation of previsions: The Subgrantee shall include the provisions of paragraphs A. through E.
in every subcontract, including procurements of materials aad leases of equipment, unless exempt by
the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or
procurement as the Department may direct as a means of enforcing such provisions, including
sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened
with litigation with a subcontractor or supplier as a result of such direction, the Subgmntee may
request the Department to enter rotc litigation to protect the interests of the state; and in addition, the
Subgrantee may request the United States to enter into such litigation to protect the interests of the
United States.
ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE
It is thc policy of thc Depamnent and the USDOT that Disadvantaged Business Enterprises, as defined in
49 CFR Part 26, shall have the opportunity to participate in the performance of agreements fmanced in
whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of
49 CFR Part 26, apply to this Agreement as follows:
· The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR
Part 26, have the opportunity to participate in the performance of agreements and subcontracts
financed in whole or in part with federal funds. In this regard, the Subgrantee shall make good faith
efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business Enterprises have
the opportunity to compete for and perform agreements and subcontracts.
· The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex,
national origin, or disability in the award and performance of agreements funded in whole or in
part with federal funds.
-121-
Attachment B
Project Title: Impaired Driving Mobilization STEP
These requirements shall be included m any subcontract.
Failure to carry, out the requirements set forth above shall constitute a breach of this Agreement and, a~er
the notification of the Department, may result m termination of this Agreement by the Department, or other
such remedy as the Department deems appropriate.
ARTICLE 24. DEBARMENT/SUSPENSION
A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from covered transactions by any federal department or agency;
Have not within a three (3) year period preceding this Agreement been convicted of or had a civil
judgment rendered against them for commission of firaud or a criminal offim~ in connection with
obtaining, attempting to obtain, or performing a federal, state, or local public transaction or
contract under a public transaction; violation of federal or state antitrust statutes; or commission of
embezzlement, theR, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local
governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this
Article; and
4. Have not, within a three (3) year period preceding this Agreement, had one or more federal, state,
or local public transactions terminated for cause or default.
B. Where the Subga~ntee is unable to certify to any of the statements m this Article, such Subgrantee shall
attach an explanation to this Agreement.
C. The Subgrantee is prohibited from makin~ any award or permitting any award at any tier to any party
which is debarred or suspended or otherwise excluded from or ineligible for participation in federal
assistance programs under Executive Order 12549, Debarment and Snspension.
D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant
Agreement to certify its eligibility to receive federal grant funds, and, when requested by the
D~partment, to furnish a copy of the certification.
ARTICLE 25. LOBBYING CERTIFICATION
The Subgrantee certifies to the best of his or her knowledge and belief that:
A. No federally appropriated funds have been paid or will be paid by or on behalf of the Subgrantee to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee ora Member of Congress in connection
with this federal contract, grant, loan, or cooperative agreement, the party to this Agreemem shall
-122-
Project Title: Impaired Driving Mobilization STEP
Attachment B
complete and submit Standard Form - LLL, "Disclosure Form to Report LobbyLn4g," in aecordance
with its instructions.
The Subgrslltec nhal! require that thc language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify and
disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Tire 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
ARTICLE 26. CHILD SUPPORT STATEMENT
Unless the Subgrantec is a governmental or non-profit entity, the Subgrantee cerdfles that it either will go
to the Departraent's website noted below and complete the Child Support Statement or already has a Ckild
Support Statement on file with the Departmem. The Subgnmtee is responsible for keeping the Child
Support Statement current and on file with that office for the duration of this Agreement period. The
Subgrantce further certifies that the Child Support Statement on file contains the child support information
for the in~Mduals or business entities named in this grant. Under Section 231.006, Family Code, the
Subgrantee certifies that the individual or business entity named in this Agreement is not inehgible to
receive the spec'riled grant or payment and aclmowledges that this Agreement may be terminated and
payment may be withheld if this cenffication is maccrate.
The form for the Child Support Statement is available on the lmemet at:
http ://www.dot .state.tx.us/cso/default .htm.
-123-
200312004 Operational Vehicle Cost Rate
City of Corpus Christi, Police Department
Type of Co~t Incurred Amount Subtotal
1. Vehicle Cost base amount $ 21,500
a. Equipment:
1. Radio $ 1,945
2. Light bar, siren, speaker, headlight flashers $ 1,474
3. Mobil Data Computer $ 3,000
4. Automated Vehicle Location Device $ 7,600
5. Stack mounts $ 35
6. Cage $ 252
7. Kick Panel $ 33
8. Decaling $ 250
9. Mounts/console $ 1,000
10. Pushbars $ 129
b. Vehicle preparation (installation of equipment) $ 4,000
2. Sum of vehicle and installed equipment $ 41,218
3. Annual depreciation
a. Vehicle, 2 years straight line $ 10,604
b. Equipment, 5 years straight line $ 735
4. Total annual depreciation cost $ 11,339
5. Annual liability insurance* $
6. Annual maintenance costs $ 7,000
7. Annual gasoline usage (39,286 miles @ 21 mpg average per
vehicle @ $1.00 per gallon $ 1,871
8. Total insurance and maintenance costs per year $ 8,871
9. Indirect costs (accts payable, payroll, fiscal dept, etc.)**
(~11.91% of direct costs (Block 4 + Block 8 * 0.1191) $ 2,407
10. Total per year cost of vehicle (Block 4 + Block 8 + Block 9) $ 22,617
11. Average operational cost per vehicle mile (Block 10/39,28§ miles) $ 0.58
· City is self-insured
Prepared by Pat P. Eldrid~e, CCPD
STEPVEHICLECOST
-124-
12/5F2003
=-'-" Chnsu
December 5, 2003
Sherry McLeroy
Texas Department of Transportation
P. O. Box 9907
Corpus Christi, Texas 78469
Dear Ms. McLeroy,
The Corpus Christi Police Department verifies that all officers working the Impaired
Driving Mobilization STEP grant from December 19, 2003 through January 4, 2004 are
trained in the National Highway Traffic Safety Administration~memational Association
of Chiefs of Police Standardized Field Sobriety Testing (SEST). Officers receive the
training as pan of their Academy curriculum; therefore all of our sworn officers eligible
to work the grant have already received the training.
This is in accordance with RESPONSIBILITIES OF THE SUBGRANTEE under our
contract.
e(~varez
PA/ppe
Police Department
P.O. Box 9016" Corpus Christi;-~ 78469-9016 · (512) 886-2600
ORDINANCE
APPROPRIATING $25,000 GRANT FROM THE TEXAS
DEPARTMENT OF TRANSPORTATION FOR FUNDING OF AN
IMPAIRED DRIVING MOBILIZATION SELECTIVE TRAFFIC
ENFORCEMENT PROJECT (STEP) GRANT FOR DWI
ENFORCEMENT OVERTIME WITHIN THE POLICE
DEPARTMENT IN THE NO. 1061 POLICE GRANTS FUND; AND
DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That a $25,000 grant from the Texas Department of Transportation
is appropriated in the No. 1061 Police Grants Fund for funding of an Impaired
Driving Mobilization Selective Traffic Enforcement Project (STEP) Grant for DWI
enforcement overtime.
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
City Secretary
Samuel L. Neal, Jr,
Mayor
APPROVED: December 9, 2003
Lisa AguilaY
Assistant City Attorney
for City Attorney
-126-
14
CITY COUNCIL
AGENDA MEMORANDUM
AGENDAITEM:
December 16, 2003
RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE TEXAS
DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY
MANAGEMENT IN THE AMOUNT OF $1,000 UNDER THE FY 2004
LOCAL HURRICANE GRANT PROGRAM.
ISSUE: The City has received an invitation to submit an application for the Local Hurricane
Grant Program from the Texas Depar/ment of Public Safety Division of Emergency
Management. The grant is a no-match grant designed to fund projects at the local level
that enhance hurricane-related public awareness and education.
REQUIRED COUNCIL ACTION: Approve the submission of the application.
PREVlOUS COUNCILACTION:None
FUNDING: The State grant will provide $1,000 in the Federal/State Grant Fund
No.1060 with no local match required.
CONCLUSION AND RECOMMENDATION: Staff recommends council approve the
resolution.
-129-
ADDITIONAL BACKGROUND INFORMATION
The Texas Department of Pubhc Safety Division of Emergency Management offers the
local Hurricane Grant Program annually, in which the Office of Emergency Management
has submitted applications for the last 5 years. The program is a no-match grant and is
designed to fund projects at the local level that enhance hurricane-related public
awareness and education. It is open to all incorporated cities and interjurisdictional
emergency management agencies within the 22 counties in which hurricane risk areas
have been idemified.
Generally the Texas Deparunent of Public Safety Division of Emergency Management
sets aside $10,000 - $15,000 for this program, and the maximum amoum awarded to a
single jurisdiction is $1,000.
-130-
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE TEXAS
DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY
MANAGEMENT IN THE AMOUNT OF $1,000 UNDER THE FY 2004
LOCAL HURRICANE GRANT PROGRAM FOR ENHANCED
HURRICANE-RELATED PUBLIC AWARENESS AND EDUCATION
NOW, THEREFORE, BE IT.RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS.
SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit
a grant application to the Texas Department Of Public Safety Division Of Emergency
Management in the amount of $ $1,000 under the FY 2004 Local Hurricane Grant
Program for enhanced hurricane-related public awareness and education.
SECTION 2. The City Manager, or the City Manager's designee, may accept, reject,
agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to
the City.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 3rd day of December, 2003.
R. Ja~:~cf'ning /
Actiflg City Attorney
Samuel L. Neal, Jr.
Mayor
R31119Al.doc
-131-
15
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
December 16, 2003
RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE TEXAS
DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY
MANAGEMENT IN THE AMOUNT OF $14,000 UNDER THE FY 2004
FACILITIES AND EQUIPMENT GRANT.
ISSUE: The City has received an invitation to submit an application for the Facilities and
Equipment Grant Program from the Texas Department of Public Safety Division of
Emergency Management. The grant is a 50% Federal & 50% Local dollar match designed
to provide funding to the local governments in order to assist in the development and
maintenance of the overall EOC operational capabilities.
REQUIRED COUNCIL ACTION: Approve the submission of the application.
PREVIOUS COUNCIL ACTION: None
FUNDING: The State grant will provide $7,000 in the Federal/State Grant Fund
No.1060 with a $7,000 local match and a total project cost of $14,000.
CONCLUSION AND RECOMMENDATION: Staff recommends council approve the
resolution.
-135-
ADDITIONAL BAC~GROUND I~FORMATION
Texas Department of Public Safety Division of Emergency Management offers
the Facility and Equipment Grant on an Annual Basis for which the Office of
Emergency Management has submitted applications for the last 5 years. The
F&E Program provides grant funding for local governments to develop and
maintain facilities or to purchase and maintain equipment that provides the
capability to 1) direct and control emergency operations, 2) communicate with
responders and other agencies, or 3) alert and wam the public dudng
emergencies.
The grant typically awards local jurisdictions anywhere from $10,000 - $12,000
and requires a 50% local match. Our match of $7,000 will be extracted from two
different Emergency Management accounts, ($3,500) - 11950-530240 &
($3,500) - 11950-530200.
-136-
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE TEXAS
DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY
MANAGEMENT IN THE AMOUNT OF $7,000 FOR UPGRADES TO THE
CITY'S DIALOGIC SYSTEM, UNDER THE FACILITIES AND
EQUIPMENT GRANT PROGRAM, WITH A CITY MATCH OF $7,000 IN
THE NO. 1020 GENERAL FUND, AND A TOTAL PROJECT COSTS OF
$14,000
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit
a grant application to the Texas Department Of Public Safety Division Of Emergency
Management in the amount of $7,000 for upgrades to the City's Dialogic system
(computerized telephone ring down notification system), under the Facilities and
Equipment Grant Program. The City match for this grant is $7,000 in the No. 1020
General Fund, for a total project costs of $14,000.
SECTION 2. The City Manager, or the City Manager's designee, may accept, reject,
agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to
the City.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 3rd day of December, 2003.
R. Jay,~,~ning/
Actin~g City Attorney
Samuel L. Neal, Jr.
Mayor
R31118A1 .doc
-137-
16
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 12/16/2003
AGENDA ITEM:
Resolution authorizing the City Manager or his designee to submit a grant application in
the amount of $1,000,000 to the United States Department of Homeland Security to fund
the City-wide Wireless Fidelity (WiFi) portion of the Automated Meter Reading / Wireless
Broadband Network Pilot project for the Water and Gas Services departments.
ISSUE: The City contracted with Public Technology, Inc. to assist with the development of
a strategy and specific recommendations for the pursuit of an Automated Meter Reading
solution. A review of the availability of funding has shown that grant money is available for
the WiFi portion of the project. To reduce the financial impact of the pilot project, the City
can apply to receive $1,000,000 seed money from the United States Department of
Homeland Security.
REQUIRED COUNCIL ACTION:
City Council approval is required for the resolution as submitted.
PREVIOUS COUNCIL ACTION: City Council approved purchase of the ITRON handheld
meter reading system on August 26, 2003.
City Council approved a consulting contract with PTI/RAM Technologies for the design,
implementation and evaluation of an Automated Meter Reading / Wireless Broadband
Network Pilot project for the Water and Gas Services departments on October 21, 2003.
FUNDING: No matching funds necessary.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution
as presented.
Ogilvie F. Gedcke, P.E.,
Director of Information Technology
-141-
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE UNITED
STATES DEPARTMENT OF HOMELAND SECURITY IN THE AMOUNT
OF $1,000,000 FOR A CITY-WIDE WIRELESS FIDELITY (WIFI)
PORTION OF THE AUTOMATED METER READING WIRELESS
BROADBAND NETWORK PILOT PROJECT FOR THE WATER AND
GAS SERVICES DEPARTMENTS
SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit
a grart application to the United States Department of Home[and Security in the amount
of $1,000,000 for the City-wide Wireless Fidelity (WiFi) portion of the Automated Meter
Readi ~gNVireless Broadband Network Pilot project.
SECTION 2. The City Manager, or the City Manager's designee, may accept, reject,
agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to
the Ci'y.
ATTE:~T:
THE CITY OF CORPUS CHRISTI
Armar do Chapa
City S,.~cretary
APPRDVED: December 10, 2003.
Lisa A;]uilar L)
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
Dec 16 20,)3 WiFi grant.doc
E
-142-
Tuesday, December 16, 2003
IF > Department of Homeland Security
• $26m Fund
• Up to $ l m awards for innovative
Y
technology implementations
p
A
• Corpus WiFi Initiative Meets all
Qualifying Criteria
2
--j
• Will seek external additional funding
sources in addition to HS funding for
next implementation phase
• First City Metro -wide Wireless
Network in the Country
A
Cn
3
Miro
M Technology
Wireless Fidelity .. �.:
Hot Spots
Starbucks, Airports, Hotels
802.11 Standards
Intel Centrino Notebooks
Handheld PDA's
Metro WiFi Feasibility "
Tropos Networks
-` wkred IP
Distributed cellular architecture Eietwo,*-
Minimal backhaul infrastructure and unprecedented economic
advantage
integrated
2002: Wireless NIC: <$60
2001: Wireless NIC: $100
I
The Big Next Thing
2003: Intel Centrino, Device
proliferation: laptops, PDAs,
video cameras, sensors ...
2002: BT, Korea Telecom
announce nationwide Wi-Fi
networks
2001: HP, Dell, IBM, Toshiba
offer built-in wireless capak
1999: Wireless NIC: $200+ .
j y
~^K
Nada
5
Lrk,'
<
• •
'A LAMMIbbb,
5 �
I
d Mobile Access
Tropos Wi-Fi Cellular
'etro Network
Roaming �� 19.2 to
50K Kbps
Wide Area Services
C -)
7
ss the Country
Network City
Downtown Alliance — 7 Hotspots
San Jose
In a recent communication related
economic development, the Mayor
directive for San Jose to become a
(metro -wide)
> Dayton
Convention Center
I
> Atlanta
the City of Atlanta's plans to create a municipal
WiFi utility umbrella (to be contracted out).
9
lications
requirements and distribute an RFI for
WiFi coverage
4Wireless Business Requirements (WiFi)
➢ Public Works - AMR, Maximo, GIS, SCADA,
Transportation (RTA), etc
➢ Public Safety - Port Security, CAD, AVL, Criminal
History, Mug Shots, GIS, Video, Remote
Arraignment, Incident Reporting, etc
➢ Economic Development - business centers, retail,
digital inclusion, technology incubators, etc
✓ Wireless Broadband Summary Requirements (WiFi)
➢ Geographic coverage
➢ Capacity
➢ Mobile Connection Standards and Equipment
Timeline
and Evaluation Prioritization
it and selection and execution
05/04 08/04
11/04
Review and
Validation
Citywide WiFi Implementation
02{05
WiFi /
AMR
System
17
CITY COUNCIL
AGENDA MEMORANDUM
December 16, 2003
AGENDA ITEM: Resolution authorizing the City Manager, or the City Manager's designee, to submit
Municipal Solid Waste Grant Applications to the Coastal Bend Council of Governments in the amount,
and a total grant request of $360,882. Authorizing the City Manager, or the City Manager's designee,
to act on behalf of the City in all matters related to the grant application; and pledging that if a grant is
received the City of Corpus Christi will comply with the grant requirements of the Coastal Bend
Council of Governments, The Texas Natural Resource Conservation Commission, and the State of
Texas.
ISSUE: The Coastal Bend Council of Governments' Regional Solid Waste Grant application
process requires the approval of a resolution by the City Council.
~,CKGROUND: The Texas Natural Resource Conservation Commission Solid Waste Grants are
administered locally through the Coastal Bend Council of Governments (CBCOG). The purpose of
the grant program is to provide funding for eligible local and regional municipal solid waste projects in
support of the adopted regional solid waste management plan for the CBCOG region. In 2002-2003
Solid Waste received a total of $125,000 for the following: $45,000 for Household Hazardous Waste
Disposal costs, $55,000 for a Brush Loader, $10,000 for a Recycling Media/Outreach program,
$10,000 for a Household Hazardous Waste Media/Outreach Program, and $5,000 to publicize and
increase participation in Stop Trashing Corpus Christi Community clean-up events
In FY 2003-2004 grant funding in the amount of $245,025 will be available through the CBCOG grant
application process for solid waste projects. All requested grant funding supports specific goals and
objectives of the CBCOG Regional Solid Waste Management Plan. Solid Waste Services is applying
for a total of $360,882 in grant funds for the following projects:
a) AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO
SUBMIT MUNICIPAL SOLID WASTE GRANT APPLICATION TO THE COASTAL BEND
COUNCIL OF GOVERNMENTS IN THE AMOUNT OF $63,682 FOR AN ASSISTANT
COMPLIANCE OFFICER, 4X4 1/2 TON EXTENDED CAB PICK-UP WITH
ACCESSORIES, ELECTRONIC SURVEILLANCE EQUIPMENT AND A 800MHZ RADIO
TO ASSIST IN THE CITYS EFFORTS IN ENFORCEMENT AND COMPLIANCE OF
THE CITYS SWS ORDINANCE AND ILLEGAL DUMPING
b) AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO
SUBMIT MUNICIPAL SOLID WASTE GRANT APPLICATION TO THE COASTAL BEND
-155-
COUNCIL OF GOVERNMENTS IN THE AMOUNT OF $60,000 FOR CONTRACTUAL
SERVICES FOR HAULING LANDFILL MULCH TO AREA PARKS AND
PLAYGROUNDS
c)
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO
SUBMIT MUNICIPAL SOLID WASTE GRANT APPLICATION TO THE COASTAL BEND
COUNCIL OF GOVERNMENTS IN THE AMOUNT OF $217,200 FOR A MULCH
SPREADING VEHICLE TO HELP MAINTAIN AREA PARKS AND PLAYGROUNDS
d)
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO
SUBMIT A MUNICIPAL SOLID WASTE GRANT APPLICATION TO THE COASTAL
BEND COUNCIL OF GOVERNMENTS IN THE AMOUNT OF $20,000 TO DEVELOP A
COMMUNITY MEDIA OUTREACH CAMPAIGN FOR TARGET AREAS OF THE CITY
ON RECYCLING AND ILLEGAL DUMPING
Grant applications are due to the CBCOG by January 2, 2004. Council approval of this resolution is
considered par[ of the complete application.
FUTURE COUNCIL ACTION: Acceptance of a Solid Waste Grant and approval of inter-local
agreements between the City and the CBCOG, appropriation of Federal/State Grant(s).
RECOMMENDATION: Approval of the resolution as submitted.
Kaplan,
Director, Solid Waste Services
-156-
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO SUBMIT MUNICIPAL SOLID WASTE GRANT
APPLICATION TO THE COASTAL BEND COUNCIL OF GOVERNMENTS
IN THE AMOUNT OF $63,682 FOR AN ASSISTANT COMPLIANCE
OFFICER, 4X4 ~ TON EXTENDED CAB PICK-UP WITH ACCESSORIES,
ELECTRONIC SURVEILLANCE EQUIPMENT AND A 800MHZ RADIO TO
ASSIST IN THE CITY'S EFFORTS IN ENFORCEMENT AND COMPLIANCE
OF THE CITY'S SWS ORDINANCE AND ILLEGAL DUMPING
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 submit a municipal solid
waste grant application to the Coastal Bend Council of Governments in the amount of
$63,682 for an assistant compliance officer, 4x4 ~/2 ton extended cab pick-up with
accessories, electronic surveillance equipment and a 800mhz radio to assist in the
city's efforts in enforcement and compliance of the city's sws ordinance and illegal
dumping.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: 16th day of December, 2003.
City Attorney
//J,~hn P. Burke
t,_F~ssistant City Attorney
for City Attorney
H:~LEG*DIR~SHARED~BURKE-2003~COG GRANT APPLICATION AND RESOLU~rION-$63,682,WPD
-157-
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CiTY MANAGER'S
DESIGNEE, TO SUBMIT MUNICIPAL SOLID WASTE GRANT
APPLICATION TO THE COASTAL BEND COUNCIL OF GOVERNMENTS
IN THE AMOUNT OF $60,000 FOR CONTRACTUAL SERVICES FOR
HAULING LANDFILL MULCH TO AREA PARKS AND PLAYGROUNDS
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 submit a municipal solid
waste grant application to the Coastal Bend Council of Governments in the amount of
$60,000 for contractual services for hauling landfill mulch to area parks and
playgrounds.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L Neal, Jr.
Mayor
APPROVED: 16th day of December, 2003.
City Attorney
~sn P. Burke
istant City Attorney
for City Attorney
H:~EG-DIR\S HARED~BUKKE-2003~2OG GRANT APPLICATION AND KESOLUT1ON-$60,000,WPD
-158-
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO SUBMIT MUNICIPAL SOLID WASTE GRANT
APPLICATION TO THE COASTAL BEND COUNCIL OF GOVERNMENTS
IN THE AMOUNT OF $217,200 FOR A MULCH SPREADING VEHICLE TO
HELP MAINTAIN AREA PARKS AND PLAYGROUNDS
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 submit a municipal solid
waste grant application to the Coastal Bend Council of Governments in the amount of
$217,200 for a mulch spreading vehicle to help maintain area parks and playgrounds.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: 16th day of December, 2003.
City Attorney
~sn P. Burke
istant City Attorney
for City Attorney
H:~LEG-DIR~SHARED~BURKE-2003'COG GEANT APPLICATION AND RESOLUTION.S217,200.WPD
-159-
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO SUBMIT A MUNICIPAL SOLID WASTE GRANT
APPLICATION TO THE COASTAL BEND COUNCIL OF GOVERNMENTS
IN THE AMOUNT OF $20,000 TO DEVELOP A COMMUNITY MEDIA
OUTREACH CAMPAIGN FOR TARGET AREAS OF THE CITY ON
RECYCLING AND ILLEGAL DUMPING
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 submit a municipal solid
waste grant application to the Coastal Bend Council of Governments in the amount of
$20,000 to develop a community media outreach campaign for target areas of the City
on recycling and illegal dumping.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: 16th day of December, 2003.
City Attorney
Burke
~ssistant City Attorney
for City Attorney
H:~LEC~-DIR~SHARED~BU RKE-2003xCOG GRANT APPLICATION AND RESOLLrHON-$15,000.WPD
-160-
18
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: December 9, 2003
AGENDA ITEM:
Resolution authorizing the City Manager, or the City Manager's designee, to submit a grant
application to The Texas General Land Office in the amount of $600,000 for a Coastal Erosion
Planning and Response Act (CEPRA)-Cycle 3 grant for the Restoration of Sunfish Island, with a
city match of $400,000 in sand and in-kind services; and a total project cost of $1,000,000
ISSUE: Submit application to the Coastal Erosion Planning and Response Act-Cycle 3 grant
application for the restoration of Sunfish Island, a rookery island located in Corpus Christi Bay
REQUIRED COUNCIL ACTION: Resolution authorizing the submission of the grant application
PREVIOUS COUNCIL ACTION:
November 19, 2002
RESOLUTION NO. 025116
Resolution authorizing the City Manager or his designee to execute a project cooperation
agreement with the Texas General Land Office for the re-nourishment of Sunfish Island and
McGee Beach.
RESOLUTION NO. 025117
Resolution authorizing the City Manager or his designee to execute a reimbursement contract
with the Coastal Bend Bays and Estuaries Program Inc. in the amount of $93,500 for the
construction of a breakwater at and re-nourishment of Sunfish Island.
ORDINANCE NO. 025118
Ordinance appropriating $93,500 from the Coastal Bend Bays and Estuaries Program Inc. in the
No. 1050 Federal/State Grants Fund for construction of a breakwater at and re-nourishment of
Sunfish Island
FUNDING: The required 40% match of $400,000 will be provided by the City of Corpus Christi
in the form of sand and other in-kind services
CONCLUSION AND RECOMMENDATION: It is recommended the Council approve the
submission of the grant application for the restoration of Sun/fish Island.
David Ondrias
Acting Director, Park and Recreation Dept.
Attachments:
· Background Information
-163-
BACKGROUNDINFORMATION
Sunfish Island is located west of the breakwater at the north end of the Corpus Christi Marina, just
south of the Corpus Christi Ship Channel.
Sunfish Island and the rock barrier associated with it have become an important barrier in the
protection of the Corpus Christi Marina, the bayfront seawall, Shoreline Boulevard, and millions of
dollars of other public infrastructure.
Sunfish Island was created unintentionally during a previous channel-dredging project, and has
since become an important rookery island for migratory shorebirds. The existing island is
approximately 3 acres in size, but shrinking rapidly due to erosion caused by wind generated waves
and vessel wakes.
The Coastal Erosion Planning and Response Act (CEPRA) Cycle 3 grant, if awarded, will allow
the City to tap into state funding for the restoration of Sunfish Island with a city match in sand, in-
kind services, and funding from the Coastal Bend Bays and Estuaries Program.
-164-
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE TEXAS
GENERAL LAND OFFICE IN THE AMOUNT OF $600,000 FOR A
COASTAL EROSION PLANNING AND RESPONSE ACT (CEPRA)-
CYCLE 3 GRANT FOR THE RESTORATION OF SUNFISH ISLAND,
WITH A CITY MATCH OF $400,000 IN SAND AND IN-KIND SERVICES;
AND TOTAL PROJECT COSTS OF $1,000,000
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit
a grant application to the Texas General Land Office in the amount of $600,000 for a
Coastal Erosion Planning and Response Act (CEPRA) Cycle 3 Grant for the restoration
of Sunfish Island. The City match for this grant is $400,000 in the form of sand and in-
kind services, for a total project cost of $1,000,000.
SECTION 2. The City Manager, or the City Manager's designee, may accept, reject,
agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to
the City.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 19th day November, 2003.
Lisa Aguilar
Assistant City Attdrfiey
for City Attorney
Samuel L. Neal, Jr.
Mayor
Dec 9 GLO grant res.doc
-165-
19
AGENDA MEMORANDUM
DATE: December 16, 2003
SUBJECT:
Force Main Repairs/Replacement Line C Phase 1 - Corpus Christi Country
Club (Project #7276)
Force Main Repairs/Replacement Line C Phase 2 - Kenith Circle to
Cimarron Blvd. (Project #7299)
AGENDA ITEM:
Motion authorizing the City manager, or designee, to execute the agreement with
the Corpus Christi Country Club for Force Main Repairs/Replace Line "C" Phase
I Country Club, including any easements necessary for the project.
Motion authorizing the City Manager, or his designee, to award a construction
contract to Cash Construction of Pflugerville, Texas in the amount of $841,830
Force Main Repairs/Replacement Line C, Phase 1 - Corpus Christi Country Club
Motion authorizing the City Manager, or his designee, to award a construction
contract to Ramos Industries of Pasadena, Texas in the amount of $1,315,060
Force Main Repairs/Replacement Line C, Phase 2 - Kenith Circle to Cimarron Blvd.
ISSUE: This project is necessary because the existing rome main is ductile iron pipe
which has a history of failures due to corrosion. The line will be re-routed and replaced
with PVC pipe which is corrosion resistant and will allow for the installation of an effluent
line to provide future irrigation water to the Corpus Christi Country Club.
FUNDING: Funds for this project are available in the Wastewater Department's FY 2002-
2003 Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented so a
construction contract may be issued and necessary structural improvements may begin.
Foster Crowell
Director of Wastewater
~,~g~l R. Escobar, P.E., ' '
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit"C" Bid Tab Summary
Exhibit "D" Location Map
-169-
BACKGROUNDINFORMATION
SUBJECT:
Force Main Repairs/Replacement Line C Phase 1 - Corpus Christi Country
Club (Project #7276)
Force Main Repairs/Replacement Line C Phase 2 - Kenith Circle to
Cimarron Blvd. (Project #7299)
PRIOR COUNCIL ACTION:
1. Mamh 11,2003 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 8 to the Consultant Contract with Goldston Engineering, Inc. for a
total fee not to exceed $359,130 for the Force Main Repairs and Replacement
Project - Fome Main Line "C". (Motion M2003-101 )
2. December 17, 2002 - Approval of the FY 2002-2003 Capital Improvement Budget
(Ordinance No. 025144).
PRIOR ADMINISTRATIVE ACTION:
1. October 23, 2003 - Administrative Approval of Amendment No. 9 to a Contract For
Professional Services in the amount of $9,320 with Goldston Engineering, Inc. for
Force Main Repairs and Replacement Line C.
2. November 11,2003 - Administrative Approval of Amendment No. 10 to a Contract
For Professional Services in the amount of $24,950 with Goldston Engineering, Inc.
for Force Main Repairs and Replacement Line C.
FUTURE COUNCIL ACTION: Possible Materials Testing Contract.
BACKGROUND INFORMATION: This project will provide for the construction of a 24"
force main from the Country Club Lift Station located on Everhart Road to the existing
gravity system on Cimarron. There are two parts to this construction contract.
· Phase I is the construction of the force main across Corpus Christi Country Club
within an easement dedicated by the Country Club.
· Phase 2 consists of the continuation of the force main from the easterly property
line of the Country Club via Spohn South Drive, east to Cimarron Boulevard, where
it will tie in to the existing twin 36" gravity system in the vicinity of the Cimarron
Blvd./Bradley Drive intersection.
In conjunction with the construction of this force main will be the construction of an effluent
line which will eventually extend to the Oso Wastewater Treatment Plant. The purpose of
this effluent line is to provide future irrigation water to Corpus Christi Country Club from the
Oso Water Reclamation Plant.
H:~HOMEg-YN DAS~GEN/Wastewater~7276 - Force Main Line C~BACKGROUND INFORMATION,dOC
-170-
EXHIBIT "A"
Parle 1 of 3
PROJECT DESCRIPTION: Force Main Repairs/Replacement Line C · Phase I - Corpus Christi Country Club,
· Phase 2 - Kenith Cimle to Cimarron Boulevard
consists of the construction of 24" fome mains and 8" and 16" effluent lines described
as follows:
Phase 1 - The construction of approximately 4,680 L.F. of 24" force main and
3,420 L.F. of 8" effluent line; laying approximately 22,000 S.Y. of sod,
boring approximately 80 L.F. of 36" casing and approximately 80 L.F.
of 18" casing, together with all appurtenances and associated work in
accordance with the plans, specifications and contract documents.
Phase 2 - The construction of approximately 6,570 L.F. of 24" force main and
3,750 of 8" effluent line and 2630 L.F. of 16" effluent line; boring
approximately 191 L.F. of 36" casing and approximately 191 L.F. of 18"
casing; repairing approximately 4,000 S.Y. of pavement, together with
all appurtenances and associated work in accordance with the plans,
specifications and contract documents.
BID INFORMATION: This project consists of two base bids and two additive alternates.
The City received proposals on November 26, 2003 with nine (9) bidders submitting
proposals for Phase 1 and eight (8) bidders submitting proposals for Phase 2. The bids
range from:
· Base Bid Phase 1: $ 841,830.00 to $1,289,235.00
· Additive AIternate Phase l: $ 38,000.00to$ 115,499.00
· Base Bid Phase 2: $1,315,060.00 to $2,137,084.00
· Additive Alternate Phase 2: $ 55,000.00 to $ 96,594.00
The stated method of award was to award the Base Bid for each Phase separately
dependant upon Iow bid and satisfactory experience and then award the additive alternates
as funding allowed. City staff has determined that it is not in the best interest of the project
to award the additive alternates at this time. The engineer's construction estimate for the
total base bid award was $2,782,605.
The City's consultant, Goldston Engineering, Inc., and City staff, recommend that based on
Iow bid and satisfactory references, that two separate construction contracts be awarded to
the lowest bidder for each phase. Therefore, it is recommended that a construction
contract for Phase 1 (Corpus Christi Country Club) be awarded to Cash Construction of
Pflugerville, Texas in the amount of $841,830.00 and a second construction contract for
Phase 2 (Kenith Circle to Cimarron Blvd.) be awarded to Ramos Industries of Pasadena,
Texas in the amount of $1,315,060 for the Force Main Repair/Replacement Line C project.
H:\HO ME~.YN DAS\GEN~Wa siewater\7276. Force Main Line C\BACKGROUND INFORMATION.doc
-171-
EXHIBIT "A"
Page 2 of 3
The general terms and conditions of the agreement with the Corpus Chdsti Country Club
are that the Corpus Christi Country Club will be granting the City the Utility Easement and
temporary working easement for the project in exchange for the installation of the effluent
line. The final agreement is scheduled to be completed by the City's legal department and
executed between the City Manager and the Corpus Christi Country Club within the next
thirty (30) day's
CONTRACT TERMS: It is proposed that Phase 1 be completed in 120 calendar days and
Phase 2 be completed in 160 calendar days. Phase 1 project completion is anticipated to
be May 2004 and Phase 2 is anticipated to be complete July 2004. It is imperative to do
the work through the Corpus Christi Country Club during the winter months when golf
course usage is at a Iow to avoid conflict and reduce liability.
FUNDING: Funds for this project ara available in the FY 2002-2003 Wastewater Capital
Improvement Budget.
H:\HOME~LYNDAS~GEN~Wastewater~7276 - Force Main Line CtBACKGROUND INFORMATION,doc
-172-
EXHIBIT "A"
Parle 3 of 3
PROJECT BUDGET
FORCE MAIN LINE C
PHASE 1 - CORPUS CHRISTI COUNTRY CLUB
PHASE 2 - KENITH CIRCLE TO ClMARRON BLVD
(Project No. 727617299)
December 16, 2003
FUNDS AVAILABLE:
Wastewater ClP Fund ..................................................................................... $2,852,479.00
FUNDS REQUIRED:
Phase 1 Construction (Cash Construction) .......................................................... $841,830.00
Phase I Construction (Ramos Industries) ........................................................... $1,315,060.00
Contingencies (10%) ...................................................................................... 215,689.00
Consultant (Goldston Engineering, Inc.) .............................................................. 393,400.00
Testing ........................................................................................................ 25,000.00
Engineering Reimbursements ........................................................................... 40,000.00
Finance Reimbursements ................................................................................ 20,000.00
Miscellaneous (Printing/Advertising, etc) ............................................................. 1,500.00
Total ............................................................................................................ $2,852,479.00
EXHIBIT "B"
Page 1 of 1
-173-
Tabulated By: Philip L Boehk, P.E. Goldston Engineering
Dela: 11128!03
Tabulallon of Bids
Department of Engineering - City of Corpus Christi, TX
J* Iso ddWA 2092-0g10D311 M Mesa 1 M TabAs
NV
Page 1 of 4 Pages
FORCE MAIN REPAIRIREPLACEMENT. LINE C
Cash Construction Co.
Reese Contracting, Ins.
Holloman Corpo"Mon
Ramos mdusbNe, Inc.
Jatm, Inc.
PHASE 1 - CORPUS CHRISTI COUNTRY CLUB
P.O. Box
1279
P.O. Box
0352
P.O. Box 200190
3836 P Blvd.
P.O. Box 27363
P No. 7276
Pflu
TX 78691
Cormpm Chriotl TX 734611
San Antorto
TX 76220
P
TX 77603
Houston TX 77045
Nam
Oestri onI
Quentttv
I Unit
Unit Prim
Amount
Ung Prim
I Amount
Unit Prim
I AnwuM
UnH PrIm
I Amount
nit Prim
Amoat
Baas Bid
1
T Dia. ARV MH (24' FM)
6
EA
$ 7,500.00
S 45,000.00
-f 7,63211
S 45,793.26
S 8,904.00
S 41,424.00
S 4,500.00
S 27,000.00
S
4,700.00
S 28,200.00
Com ate m lam ouch
T
5' Db. ARV MH (8' E.L.)
4
EA
S 6,200.00
S 24,800.00
$ 6,908.41
$ 27,633.64
$ 6,041.00
$ 24,164.00
$ 3,500.OD
$ 14,000.00
$
3,800.00
$ 15,200.00
C=Phft M Plus par each
3
24" PVC Pipe Class 165 (DR25)
4,680
LF
$ 62.00
$ 290,160.00
$ 64.25
$ 300,690.00
E 56.90
$ 286,292.00
$ 84.00
$ 393,120.00
-$--96
O0
$ 449,280.00
Cam late In nem Imael foot
4
8'PVCPipe Gass 150(DR18)
3,420
LF
$ 17.00
$ 58,140.00
$ 20.09
S 68,707.80
$ 18.80
S 64,298.00
$ 15.00
$ 51,300.00
$
35.00
$ 119,700.00
Com late in place ver lineal loot
5
8' x T D I Pipe Spool, FLG x MJ, Class 350
1
EA
$ 1,000.00
$ 1,000.00
$ 1,954.25
S 1,954.25
S 822.00
S 822.00
$ 900.00
$ 900.00
E
665.00
-$-w5 00
CornPlete in clam cer each
6
24' 11-1/4 DEG MJ Bend DI
6
EA
3,500.00
$ 21,000.00
$ 2,684.86
$ 16,109.16
$ 2,484.00
$ 14,904.00
$ 2,500.00
$ 15,ODO.00
E
3,115.00
$ 18,690.00
CmPkft In olace ner each
7
2422-1/2 DEG MJ Bend DI
25
EA
$ 3,500.00
E 87,500.00
$ 2,833.97
T 70,849.25
E 2,576.00
$ 64,405.00
$ 2,600.00
S 65,00000
$
3,115.00
$ 77,875.00
can In!! m ta
8
24' 45 DEO MJ BEND DIm
4
EA
T 3,200.00
E 12,800.00
S 2,811.94
If 11,247.78
$ 2,494.00
$ 9,976.00
$ 2.5(10.00
S 10,000.00
S
2,925.00
$ 11.700.00
Can ale m m er each
9
8' 11-1/4 DEG MJ BEND DI
6
EA
E 400.00
S 2,400.60
$ 485.71
$ 2.794.26
$ 315.00
E 1,890.00
S 500.00
S 3,000.00
S
365.00F2.190.00Can
ete m m each8.22-1Y2
DEG MJ BEND DI
14
EA
$ 400.005,800.00
$ 546.83
E 7,655.62
S 313.00
E 4,382.00
E 527.60
$ 7,378.00
$
365.006
EA
$ 420.00
S 2,520.00
$ 675.82
$ 4,054.92
$ 312.00
E 1,872.00
E 500.00
$ 3,000.00
$
385.00Can
In lace each
12
24'Solid Plug DI MJ
2
EA
E500.00
S000.00
$51825
E3.032.50
E80500
E3,11000
S 98000
$,98000
S365.00Can
In am each13
8' SaBd Plug DI MJ1
EA
S 260.00
$ 26000
$481.57
E 461.57
E16800
E68.00
S20000
S20000
E21500tom
atem meach14
8' B8M FlangeDI FLG
1
FA
$ 350.00
E 350.00
S 36479
E 384.79
S 134.00
$ 134.00
E 270.00
$ 27000
S
285.00
each
V =9!
15
80
LF
$ 480.00
$ 38,400.00
$ 445.01
S 35,60.80
$ 395.60
$ 31,648.00
$ 400.00
32,000.00
$
250.00
$ 20,000.00
-
Cornplate In place par linealtoot
18
36" Bae and Casing
80
LF
S 550.00
$ 44,000.00
$ 569.08
$ 45,526.40
$ 806.70
$ 48,538.00
$ 420.00
S 33,600.00
E
750.00
S 80,000.00
Can eta In Once ner lineal foot
17
4" Combination Air Valve w/Assembly,
6
EA
$ 6,000.00
$ 36,000.00
$ 5,145.15
T 30,870.90
E 7,0&5.00
-$7 42,39D.00
S 5,500.00
$ 33,000.00
$
4,200.00
S 25,200.00
Com In lace each
MvLw/-A-e
18
2"Combmatlon Air bly.
4
EA
S 3,000.00
S 12,000.00
T-1 ,755.72
$ 7,072.88
T-2 ,477.00
E 9,908.00
E 1,00000
E 4,000.00
S
1,400.00
E 5,600.00
Can ete In lam each
19
Trench Safely PWn
5,000
LF
$ 1.00
S 5,000.00
T-71 8-6
E 9,300.00
T ---s -35
S 18,500.00
S 1.00
$ 5,000.00
$
1.00
s, 5,000.00
Per Meal foot
20
Sodding,
22,000
$ 88.000.00
$ 248
S 54.580.00
$ 3.30
$ 72,600.00
S 4.00
S 88,000.00
E
4.00
$ 88,000.00
Com ete In lace Par square, ab
J* Iso ddWA 2092-0g10D311 M Mesa 1 M TabAs
NV
Page 1 of 4 Pages
I:brgxa4emWOxa1U012W31128 PM1aaa i aid Tabs
w
Page 2 of 4 Pages
FORCE MAIN REPAIRIREPLACEMENT - LINE C
PHASE 1 - CORPUS CHRISTI COUNTRY CLUB
P ect No. 7278
Cash Construction Co.
P.O. Box 1279
PRu MI72.7750.00
Read CorrbactIng, Inc.
P.O. Box 6352
Corpus Chrlstl TX 78468
Holloman Corporation
P.O. Box 200190
San AMlnio 7%76220
Ramos Industries, Ina
36M Pasadena Btvd.
Pasadena TX 77503
Jaico, Inc.
P.O. Box 27368
Houston TX 77045
Gam
n
W
Unit
Unit P dUnN
a
Unit rid
Amount
Unit d
Amann
Amount
21
Tree Removal,
each
11
FA
$ 250.00
S 257.18
$ 2,828.98
$ 279.00
$ 3,009.00
$ 250.00
$ 2,750.00
S
500.00
$ 5,500.00
Com h reachReloratlon
9
EA
$ 300.00
S 248.18
S 2,233.44
S 838.00
7,524.00
S 000.00
$ 5,400.00
$
1,000.00
$ 9,000.00
o95
Ihleal foot24
LF
E 60.00
S 22.99
S 2,184.05
$ 18.00
$ 1,520.00
$ 25.00
$ 2,375.00
$
20.00
$ 1,900.00
TopaoN (B'Dep6t)4,100
Complete In place re M
SY
S 1.00
$ 8.47
$ 34,727.00
$ 4.80
$ 19,680.00
S 7.00
$ 28,700.00
$
4.00
S 16,400.00
25
ClAvert LZOS" STA Ba85,
ICMDIGtS M IMP a=
1
LS
$ 9.300.00
$ 9,800.00
$ 4,398.80
T 4,398.80
S 15,002.00
17- 15,002.00
47700.00
$ 4,700.00
S
3.000.00
S 3,000.00
28
Cane Can Path Replxanan,
Complete In ad square toot
1,500
SF
f 7.00
$ 10,500.00
S 7.78P2.121.75
$ 6.40
f 72,800.00
S 8.00
S 12,000.00
8.00
E 9,000.00
27
11011M a and Replace Undanona Rlpmp
Cam in d rs toot
300
SF
$ 12.00
$ 3.800.00
$ 5.46
$ 5.60
$ 7,880.00
10.00
S 3,000.00
f
5.00
$ 1,500.00
28
Aephall Pavement Repairs,
As h dyard
25
SV
$ 70.00
T-7-3555
f 84.37
$
S 50.20
S 7,255.00
S 40.00
f 7,000.00
S
70.00
S 1,750.00
29
IMgetionSystem Repair,
Com Itis M lum sun30
-
1
LS
$ 3,500.00
$ 3,500.00
f 7,072.51
S 27,871.00
S 27,871.00
S it,500.00
11,500.00
S
4.000.00
f 4,000.00
WMpolrr6r92,000
LF
$ 1.00
S 2,000.00
$ 0.62
$ 33.50
f 67,000.00
S 10.00
S 20.000.00
$
5.00
$ 10,000.00
31
StNnrA*er Polki lon Prevention per
I nun
1
LS
TI -0,000.00
$ 10,000.00
TI -3 ,058.17
S 13,056.17
T 10,591.00
S 10,591,00
$ 17,000.00
$ 17,000.00
$ 12,000.00
$ 12,000.00
32
Por km sun
1
LS
$31,500.00
$ 31,500.00
$29,406.74
$ 29,408.74
$ 66,509.00
S 88,509.00
S 87,000.00
$ 87,000.00
S 30,000.00
$ 30.000.00
&OTAL BASE BID ITEMS
TMT 0.00
W
�
It 954,417.00
1-A
FIOer S Corn lvte Per Lum S1
L3
39400.00
$ 39400.00
51661.00
$ 51681.00
115499.00
$ 115499.00
50000.00
50000.00
3 38000.00
38000.1X1
TOTAL ADDITIVE BID ITEMS
L- �Oww
TOTAL BASE ADDMVE BID ITEM881
.00908
438.00
115110WIltOM
1,077 880.00
I:brgxa4emWOxa1U012W31128 PM1aaa i aid Tabs
w
Page 2 of 4 Pages
Tabulated By: Philip L Bmhk P.E. Goldston Engineering
Date: 11726/93
Tabulation of Bids
Department of Engineering - City of Corpus Christi, TX
J.** ld.W=0a2-0P]m311 M r%ea 1 BMTaexh
Page 3 of 4 Pages
FORCE MAIN REPAIR/REPLACEMENT - LINE C
Austin Engineering Co.
W.T. Young Construction
long ]ales, Inc
South Tues Utilities
PHASE 1 • CORPUS CHRISTI COUNTRY CLUB
P.O. Box 342349
Box 9197
1641 Goldston Rd.
P.O. Box
8639
Project No. 7276
Austin TX 787342349
Comes ChristiTX 76469
Corpus ChdsB TX 78/09
Woodla
TX T7
Rem
Description
quart
Unit
Unh PrIm
I
Amount
Unk Prim
I
Amount
Un6 PdaL
Amount
Unit Pdee
L.4Mourrt
Unit Pdca
Amount
Base Bid
1
(I'Da. ARV MH (24' FM)
6
EA
$ 7,400.00
$
44,400.00
$ 5,310.00
$
31,860.00
$ 9,000.00
T-74 000-00
S 5,000.00
S 30,000.00
S -
$ -
In lace each
MAR
2
MHta
5' Dia. ARV (8' E.L)
4
EA
T-6 SW -00
S28,00000
E 4,370.00
$
17,480.00
$ 8,500.00
$ XDW.00
$ 4,000.00
$ 16,000.00
$ -
Com lete In place nor each
3
24 PVC Pipe Class 165 (DR25)
4,680
LF
$ 96.00
$ 449,280.00
$ 109.00
$
510,120.00
$ 110.00
$ 514,800.00
$ 122.00
$ 570,960.00
$ -
_Min
ce erlineal foot
4
8'PVC Pipe CIa55150(DR18)
3,420
LF
$ 38.00
$
129,960.00
$ 32.80
$
109,440.80
$ 40.80
S 136,800.00
f 32.50
$ 111,150.00
$ -
Cam ete In lace par threat foot
5
8- x T D 1 Pipe Spool, FLG x MJ, Class 350
1
EA
S 900.00
$
900.00
$ 1,035.00
$
1,035.00
$ 800.00
$ 800.00
$ 900.00
$ 980.00
$
Complete In ace each
8
24' 11-1/4 DEG MJ Bend DI
6
EA
$ 2,550.00
$
15,300.80
S 3,940.00
$
23,640.00
$ 3,600.00
S 21,600.80
S 2,750.00
$ 16,500.00
$
Com Isle In lace each
7
24' 22-1Y2 DEG MJ Bert 01
25
EA
$ 2,640.00
$
66,000.00
$ 3,940.00
$
98,500.00
E 4,0W.00
E 100 0W.00
$ 2,750.00
S 88,750.00
$
Complete In ace u each
8
24' 45 DEG MJ BEND DI
4
EA
$ 2,640.00
$
10,560.00
$ 3,740.80
E
14,9W.00
E 3,880.80
j 1$200.00
S 2.750.80
S 11,000.00
$
Conviete in nlace ner each
9
tY 11-i/4 DEG MJ BEND DI
8
EA
$ 260.00
$
1,560.80
$ 510.80
j
3,080.00
E 350.80
E 2,180.80
E 320.00
j 1,920.00
E
Cam late in ace earn
10
e' 22-12 DEG MJ BEND Dt
14
EA
$ 260.00
$
3,640.00
S 510.00
$
7,140.00
E 350.80
E 4,980.00
$ 315.80
$ 4,410.80
$
Com In sea each
11
8' 45 DEO MJ BEND DI
6
EA
$ 260.00
$
1,560.00
$ 485.80
-$7
2,790.00
$ 350.00
$ 2,100.00
$ 315.80
E I'MAIM
Com ate in sea each
12
24' Solid PWg DI MJ
2
EA
T -178 -woo
$
3,600.00
S 9w oo
j
1,980.00
E is-woo,.
E -3656w
S 1,400.00
$ 2,800.00
E -
Com em in ace each
13
e' Slid Phg DI MJ
1
EA
$ 90.80
T
90.00
$ 380.00
$
380.00
$ 780.00
$ 150.00
$ 190.00
S 190.80
T--
Mornalsto In place ner such
14
18"Bind Flange Of FLG
1
EA
S 120.00
S
120.00
j 45080.
S
450.00
$ 200.00
S 20-000
S 170.00
$ 170.80
$ -
Complete in lace each
15
18' BM and Casing
80
LF
$ 215.00
$
17,200.00
$ 290.0
S
23,200 00
S 425.00
S 34.000.00
$ 422.00
$ 33,760.00
$ -
Complete Inm; per Ines]foot
16
38' Bore and Casing
80
LF 1
$ 410.80
32,800.00
$ 420.00
$
33,600.00
$ 720.00
500
$ 7,6
$ 55.00
44
$Imeal
Cea foot
, .
17
WAssembly.
6
FJ1
E 4,600.00
$
27,600.00
$ 4,900.00
37
29,400.00
$ 5,000.00
30,000.00
$ 6,100.0
E 38,800.00
$
ate M ace er such
18
YCanbimllon Air Va WAssembly,
4
EA
$ 1,440.00
17-
5,7w Do
T --179-s000
E
7.880.80
T-17250 00
E 5,000.00
T-1
$ 7,600.0
S -
Com In ace each
,900.00
19
Trench Safety Plan
5.000
LF
T--2 00
$
10,000.00
E 3.00
$
15,0170.00
T--2 00
$ 10,000.00
$ 1.90
$ 9,5 0 000
$ '
Per lineal foot
F325
20
Sodding,
22,000
SY
$ 4.00
S
88.000.80
j 4.80
E
101,200.80
j
Y 71,500.80
$ 4 . 50
E 99,800.00
E
Com eta In place parsquare yard
I-
J.** ld.W=0a2-0P]m311 M r%ea 1 BMTaexh
Page 3 of 4 Pages
v
J
I
J.VMJ 1 dWA02062-0a1W31126 Mete i Rd TabAs
.w
Page 4 of 4 Pages
FORCE MAIN REPAIR/REPLACEMENT - LINE C
PHASE 1 - CORPUS CHRISTI COUNTRY CLUB
Proled No. 7276
Austin Engineering Co.
P.O. Box 342349
Austin TX 787342349
W.T. Young Construction
Box 9197
Corpus Christi TX 78489
King lei", Inc.
1041 Goldston Rd.
Corpus Ch rbd TX 78499
South Texas Utilities
P.O. Box 8039
Woodl TX 77387
Item
I Desert on
Unit
Unit Price
Amount
Unit Prim
Amount
Unit Price
Amount
Unit Prim
Amount
Unit Price Amount
21
Tree Removal,
Com In ce each
11
FA
$
500.00
$ 5,500.00
$ 290.00
$ 3,190.00
$ 900.00
$ 9,900.00
$ 780.00
$ 8.580.00
$ -
22
Tree Replacemad,
Carri M ace each
9
EA
$
600.00
$ 5,400.00
$ 1,950.00
$ 17,550.00
$ 1,200.00
$ 10,800.00
$ 1,750.00
$ 15,750.00
$ -
23
RelooBan of Fences
Complete m lace lineal foot
95
LF
$
18.00
$ 1,710.00
$ 57.00
$ 5,415.00
$ 15.00
$ 1,425.00
$ 32.00
$ 3,040.00
$
24
Topsoil (8- Depth),
Com in care rd
4,100
SY
$
3.50
$ 14,350.00
8.00
$ 32,800.00
$ 5.00
$ 20,500.00
$ 5.80
E 23,780.00
$ -
25
ClavertpasMrg STA 8165,
Com me M 4oe hxn sum
1
LS.
E
9.800.00
S 8,800.00
5,520.00
i 5,520.00
E 7,500.00
S 7,500.00
$ 6,500.00
$ 8,500.00
$ -
28
Cone. Cart Path Replacnnent,
Com In lace re That
7,500
SF
E
3.80
E 5,700.00
$ 8.00
$ 12,000.00
$ 6.00
$ 9,000.00
$ 6.60
E 9,900.00
E -
27
Remove and Replace Umevmne Riprep
Cam In square foot
300
SF
$
18.00
E 5,400.00
T-8 55
S 2,400.00
$ 8.00
$ 2.400.00
$ 9.70
S 2,910.00
$ -
28
Asphalt Pavement Repairs,
Complete In ace square and
25
SY
$
38.00
$ 950.00
$ 53.00
$ 1,325.00
$ 75.00
$ 1,875.00
$ 71.00
$ 1,775.00
$
29
Irrigation System Repair,
Complete M ace Imp sum
7
LS
$
7,000.00
E 7,000.00
$ 71,960.OU
$ 11,980.00
E 20,000.00
$ 20,000.00
S 71,000.00
$ 11,000.00
E
30
Wellpatmng
Per lineal foot
2,000
LF
$
5.00
$ 10,000.00
$ 6.00
$ 12,000.00
$ 1.00
$ 2.000.00
S 13.25
$ 26,500.00
$ -
31
Stomroster Pollution Prevenecn per
hxn sum
1
LS
$
4,000.00
$ 4,000.00
$ 21,850.00
$ 21,850.00
$ 15,000.00
$ 15,000.00
$ 12.000.00
$ 12,000.00
$ -
32
MobBmtlaNBondallrisurdnca
Per Imp sum
7
L$
E 90.000.00
E 90,000.00
E 89,500.00
$ 69,500.00
$ 35,000.00
$ 35,000.00
$700,000.00
E 100.000.00
$
TOTALID ITEMS
TIM 465.00
1-A
Flhsr OPHc System, Complete Per LUMPS
1
LS
57 000.00
57,D00.00
56 400.00
56 400.00
79 800.00
79 800.00
86100.00
88 100.00
TOTAL ADDITIVE 131D ITEMI
1 OTT
TOTAL BASE 6 ADDITIVE BID RO
$1,150,940.00
-TI-28-4N5.00
1 313550.00
1355 335.00
J.VMJ 1 dWA02062-0a1W31126 Mete i Rd TabAs
.w
Page 4 of 4 Pages
Tabulated By: Philip L. Bashi, P.E. Goldston Engineering
Dale: 11/28103
Tabulation of Bids
Department of Engineering - City of Corpus Christi, TX
Time wf
naw
Bid Extension Error- Coned as shown
tb ltletlN02092LU61E aonnunbhZOD.11126 Rues2 WTa6.Ge
'W
Page 1 of 4 Pages
FORCE MAIN REPAIRIftEPLACEMENT --UNE G
Rama Industries
Cash Conetrrlctlon Co.
long bin, Ina.
Jako, Inc.
South Tszn U61Hbs LLC
PHASE 2 - IENITH CIRCLE TO CIMARRON BLVD.
3036 Pasadena Blvd.
P.O.
Boz 1279
1641 Goldston Rd.
P.O. Box
27368
P.O. Bax
8639
Proled No. 7278
Pasant
TX 77503
Prime IleTX 78691
Come ChriW TX 70409
Houston TX 77045
The Wood
TX 77387
Nem
Dene on
Du
Unit
Ung ria
Amount
Unit Price
Amount
Unit Prise
Amount
UnR Prim
Amount
Unit Pries
Amount
Ban Bid
1
6' Dia. ARV MH (24" FM)
8
EA
$ 4,500.00
$ 36.000.00
$ 7,500.00
$
60,000.00
$ 7,925.00
$ 63,400.00
$ 4,800.00
$ 38,400.00
$ 4,700.00
$ 37,600.00
Com eta In"-
2
ISeach
5' Dia. ARV 16" E.L.)
8
EA
$ 3.500.00
$ 28,000.00
$ 6,200.00
$
49,600.00
$ 7,410.00
S 59,280.00
$ 3,800.00
$ 30,400.00
$ 3,800.00
$ 30,400.00
Can ate in ace each
3
24' PVC Pipe Coss 165 (DR25)
6,570
LF
$ 70.00
$ 459,900.00
$ 73.00
* $
479,610.00
$ 66.00
$ 433,620.00
$ 105.00
$ 689,850.00
S 117.00
$ 768,690.00
Complete In lace Der Iinni foot
4
16" PVC Pipe Class 165 (DR25)
2,630
LF
$ 24.00
$ 63,120.00
S 33.00
$
86,790.00
$ 39.00
$ 102,570.00
$ 60.00
$ 157,800.00
$ 52.60
$ 138,338.00
Ban Bid
5
9" PVC Pipe Class 150 (DR1 B)
3,750
LF
$ 14.00
$ 52,500.00
$ 18.00
' $
67,500.00
$ 31.00
$ 116,250.00
$ 35.00
$ 131,250.00
$ 39.40
$ 147,750.00
a toot
nDoM
6
B
EA
$ 2,500.00
$ 20,000.00
$ 3,300.00
$
26,400.00
S 3,100.00
$ 24,800.00
$ 3,115.00
$ 24,920.00
S 2,480.00
$ 19,640.00
Complete in Diem uer each
7
2422-1/2 DEG MJ Berta DI
11
EA
$ 2,500.00
$ 27,500.00
$ 3,300.00
$
36,300.00
S 3,150.00
$ 34.650.00
$ 3,115.00
$ 34.265.00
E 2,480.00
$ 27,280.00
Cam ate In lace each
8
24.45 DEG MJ BEND DI
34
EA
$ 2,400.00
$ 81,600.00
$ 3,200.00
$
108,800.00
S 3,100.00
S 105,400.00
$ 2.925.00
$ 99.450.00
$ 2,480.00
$ 84.320.00
Com ate in Mace m each
9
16" 11-1/4 DEG MJ BEND DI
3
EA
$ 1,400.00
$ 4,200.00
$ 1,500.00
$
4,500.00
$ 1,350.00
$ 4,050.00
$ 1,325.00
S 3,975.00
$ 2.480.00
$ 7,440.00
Com ale in ce each
10
18' 45 DEG MJ BEND OI
10
EA
$ L400.00
1 14,000.50
1 1,500.00
$
15,000.00
$ 1,400.00
$ 14,000.00
$ 1,325.00
$ 13,250.00
$ 2,480.00
E 24,800.00
Cam ate in ce each
11
24' z 18 MJ TEE DI
i
EA
$ 4,500.00
$ 4,500.00
$ 5,500.00
$
5,500.00
$ 5,700.00
5,700.00
$ 5,085.00
$ 5.085.00
$ 4,925.00
$ 4,925.00
Cam n each
1
EA
$ 1,50000
1,500.00
E 2,700.00
,
,
,95.00
95
8850012
$ 1,665.00
Complete in place par each
13
16" z B MJ REDUCER DI
1
EA
$ 700.00
$ 700.00
$ 1,200.00
$
1,200.00
$ 880.00
E 580.00
$ 795.00
$ 795.00
S 675.00
$ 675.00
Com eta M Dham w each
14
8' 11-1/4 DEG MJ Bend DI
2
EA
E 500.00
$ 1,000.00
$ 420.00
$
840.00
$ 370.00
$ 740.00
$ 365.00
$ 730.00
$ 290.00
$ 580.00
Com M each
15
8' 2212 DEG MJ Bend DI
11
EA
E 500.00
E 5,500.00
$ 400.00
$
4,400.00
$ 370.00
$ 4,070.00
$ 365.00
S 4,015.00
$ 290.00
S 3,190.00
cntDM each
16
18
EA
E 400.00
S 7,200.00
S 400.00
7,200.00
$ 370.00
$ 8,660.00
E 365.00
$ 6,570.00
S 290.00
S 5,220.00
bce ea ch
Mew
17
18' Solid Phg DI MJ
1
EA
E 550.00
$ 550.00
$ 800.00
$
800.00
$ 890.00
$ 890.00
$ 595.00
$ 595.00
S 595.00
$ 595.00
each
Mew
18
18' Solid Plug DI MJ
2
EA
$ 430.00
$ 860.00
$ 850.00
$
1,700.00
$ 400.00
$ 800.00
$ 765.00
$ 1,530.00
$ 680.00
$ 1,360.00
Com in ce eacl
19
8" Gate Valva vbih Valve Boz
1
EA
$ 770.00
$ 770.00
$ 1,200.00
$
1,200,!00
$ 800.00
$ 800.00
E 17m.00
$ 1,055.00
$ 665.00
$ 685.00
Can eta M plates par each
Bid Extension Error- Coned as shown
tb ltletlN02092LU61E aonnunbhZOD.11126 Rues2 WTa6.Ge
'W
Page 1 of 4 Pages
J"paled OaaN030924)01fflE 0. 12003 It 26 POna 2 BW Teb.
•+
Page 2 of 4 Pages
FORCE MAIN REPAIR/REPLACEMENT - LINE C
PNASE 2 • KENfTH CIRCLE TO CIMARRON BLVD.
Pro No. 7276
Ramon Industries
3636 Pasadena Blvd.
Pasadena. TX 77503
Cash Construction Co.
P.O. Box 1279
pflusp,Is, TX 76691
King Nin, Inc.
1641 Goldston Rd.
Corpus ChristiTX 76409
Jalw, lne.
P.O. Box 27366
Houston TX 77045
South Team Utilities LLC
P.O. Box $639
The Tit 77367
Item
DesordEgm
Quantity
nknit
Price
um
Unit Prim
Amount
Unit Prim
Amount
Unit Prim
Amount
m
Unit Price
Amou nt
20
18' Bora and Casing
Conplate In 11lam der lineal toot
190
LF
$
390.00
$ 74,100.00
$ 430.00
$
61,700.00
$ 375.00
$ 71,250.00
$ 250.00
S 47,500.00
$
275.00
$ 52,250.00
21
38' Bore and Casing
Cm lineal foot
190
LF
$
400.00
$ 76,000.00
$ 480.00
$
91,200.00
$ 525.00
$ 99,750.00
E 750.00
$ 142,500.00
$
515.00
$ 97,850.00
22
lve w/Assembly,
Can eta In lam eaOr
8
EA
$
5,000.00
E 40,000.00
S 6,000.00
S
48,000.00
$ 4,600.00
$ 38,800.00
$ L200.00
$ 33,600.00
$
5,600.00
$ 44,800.00
23
2'Combination Air Vahre w/Asaemby,
Complete In place par each
8
EA
$
11000.00
E 8,000.00
$ 3,000.00
$
24,000.00
$ 1,200.00
$ 9.800.00
S 1,400.00
$ 11,200.00
$
1,630.00
$ 13,040.00
24
Trench Safety PFan
Par anal foot
7,000
LF
S
1.00
$ 7,000.00
S 1.00
S
7,000.00
$ 5.00
$ 35,000.00
S 1.00
S 7,000.00
$
1.75
$ 12,250.00
25
Grew Sodding
m s m m
4,100
SY
$
4.00
$ 16,400.00
$ 3.00
$
12.300.00
$ 5.50
$ 22,550.00
$ 3.50
$ 14,350.00
$
4.15
$ 17.015.DD
28
nS
can fo m m yard
0.30
4
$ 580.00
0.70
$ 10,640.00
$ 0.5
$ 8,360.00
$
0.36
$ 5,4, 72.00
27
Asphalt Pavement Rapala,
Can ate M m ware yard
4,000
SY
$
19.00
$ 76,000.00
$ 30.00
--F-26
T---39 .0015e,000.00
5 25.00
S 100,000.00
$
22.25
$ 89.000.00
28
Curb and Gutter repairs
Clineal loot
100
LF
$
30.00
$ 3,000.00
$ 25.00
$
2,500.00
$ 45.00
T 4,500.00
S 20.00
S 2,000.60
E
23.00
S 2,300.00
29
Complete M place per square foot
300
SF
$
6.00
S 1,800.00
$ 10.00
S
3,000.00
$ 12.00
S 3,600.00
$ 5.00
$ 1,500.00
S
8.40
$ 2,520.00
30
Cab lmet RepMmment
cam m lam per earn
1
EA
S
1,700.00
$ 1,700.00
S 2,000.00
S
2,000.00
$ 2,200.00
S 2,200.00
T 2,000.00
S 2,000.00
$
3,200.00
$ 3,200.00
31
7opadl (4'DepM)
Com ale In amre m
1,500
SY
$
7.00
$ 10,500.00
$ 0.50
$
750.00
$ 8.00
$ 12,000.00
$ 2.00
$ 3,000.00
$
3.60
$ 5,400.00
32
gmarmn MemvJb
ariebb Diameter perch
i
EA
$
28,000.00
S 28,000.00
$ 53,000.00
$
53,000.00
$92.900.00
$ 92.900.00
$70,000.00
S 70,000.00
$
59,110.00
$ 59,110.00
33
3-3
WetipoMhg
Per lfoeai foot
2,600
LF
$
10.00
$ 28,000.00
$ 1.00
$
2,600.00
$ 1.D0
$ 2,600.00
$ 5.00
$ 13,000.00
S
12.00
$ 31,200.00
34
Slormvralw Pollution Prevention
IUMD sum
1
LS
T
17.000.00
E 17,000.00
S 35.000.00
$
35,000.00
53-000.00
S 30,000.00
320,000.00
20,000.00
$
20,130.00
S 20,130.00
35
Traffic Control
ver Imp slim
1
LS
$
27,600.00
E 27,8w0A0
S 2$000.00
E
25,000.00
538,000.00
T----55-555
518,600.00
S 18,000.00
1
12,000.00
S 12,000.00
36
MobllttetlauBonds/Iraurmce
nerlumpstan
1
LS
$
88.000.00
$ 88.000.00
61,500.00
E
81,500.00
570,000.00
S 70,000.00
$46.5woo
-$7 40.000.00
S
33,700.00
T 33,700.00
TOTAL BASE 1
74
65, 0.
1-A
FBJer 2pbc System, Complete Per Lump Sum
1
LS
$
70000.00
$ 70000.00
$ 57800.00
57800.00
$49200.00
49200.00
$55,0DO.00
55000.00
$
84400.00
$ 54400.00
-,--7.-8
TOTAL ADDITIVE 810
00.
,QOIs
84,
TOTAL BASE A ADDITIVE BID ITEM
1365060.00
1591 .OD
1725,100.00
1,835,341
1890 0.00
J"paled OaaN030924)01fflE 0. 12003 It 26 POna 2 BW Teb.
•+
Page 2 of 4 Pages
a
Tabulated By: Philip L Boehk, P.E. Goldston Engineering
Date: 11/16/63
Tabulation of Bids
Departniem of Engineering - City of Corpus Christi, TX
Tu... ,.n r,.,.,..r.«..... sen r.r...a..
J:bAMq 4a01W02092J)p6N Davng,alMm it M Mme 2 Sid TahA
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Page 3 of 4 Pages
FORCE MAIN REPANUREPLACEMENT - UNE C
Austin Engineering Co.
Reese Contracting, Inc,
W.T. Young Construction
PHASE 2. KENrTH CIRCLE TO CIMARRON BLVD.
P.O. Box 362349
P.O. Box
6362
P.O. Box
9797
Pro ect No. 7276
Austin TX 787342349
Corpus Christi
TX 78468
Comm Christi TX 76469
Nem
seri an
pus
nit
Unit Prim
Amount
Unit Pries
cunt
Unit Prim
I Amount
Unit Pries
Amount
Unit Price
Amount
Base Bid
1
6' DIa. ARV MH (24" FM)
8
EA
$
7,400.00
$ 59.200.00
$ 8,172.71
j 65,381.68
$ 5,440.00
$ 43,520.00
$ -
$ -
$ -
$ -
Com late in ace each
2
5' Dia. ARV M 1 (13"m 16" E.L.)
8
EA
$
6,500.00
$ 52.000 o0
$ 8,172.71
E 6081.68
S 4,430.00
$ 35,440.00
$ -
$
Complete In place each
3
24' PVC Pipe Claes 165 (DR25)
6,570
LF
$
102.00
$ 670,140.00
$ 100.05
$ 657,328.50
$ 109.00
$ 716,130.00
$ -
$ -
22rr1 ate In tinged foot
4
10- PVC Pipe Class 165 (DR25)
2,630
LF
$
67.00
$ 176,210.00
$ 42.13
$ 110,801.90
$ 55.00
S 144,650.00
$ -
$ -
Com eta In piece ver great foot
5
8" PVC Pipe pass 150 (DRIB)
3,750
LF
$
38.00
f 142,500.00
E 35.70
E 133,875.00
S 38.00
$ 142,500.00
$ -
$ -
M /cot
6
MJmD
8
EA
$
2,550.00
It 20,400.00
$ 2,981.33
$ 23,850.64
S 4,080.00
T ----6-4o -5o
S -
S -
InD
7
MJdI
11
EA
S
2.640.00
E 29,040.00
$ 3,197.28
S 35,170.08
T-7470-80 -oo
E 44,880.00
$ -
E -
Com ate In lace 22M
8
24" 45 DEG MJ BEND DI
34
EA
$
2,640.00
$ 89,700.00
$ 3,202.93
S 108,899.62
T-73791 -ow
$ 132,940.00
$ -
$ -
ConnPlete, In Diam ner each
WDI
9
18' 11-1/4 DEG MJ BEND
3
EA
$
1,250.00
$ 3,750.00
$ 1,792.64
$ 5,377.92
j 2,020.00
S 6,080.00
$ -
$ -
Com tete In lace each
10
18' 45 DEG MJ BEND DI
10
EA
$
1,250.00
$ 12,500.00
$ 1,981.26
$ 19,812.60
T-27020-00
$ 20,200.00
$ -
E
Com late Mlace each
11
24' x 18 MJ TEE DI
1
EA
$
4,200.00
$ 4,200.00
$ 6,016.49
$ 6.016.49
$ 5,960.00
$ 5,960.00
$ -
$ -
Coeach
12
1
EA
$
11900.00
$ 1,900.00
$ 2,470.58
S 2,470.58
$ 3,160.00
$ 3,160.00
$ -
$ -
cRh
eD
13
DC
1
EA
$
750.00
$ 750.00
$ 1,316.49
$ 1,316.49
T-71 726-5 0-0
$ 1,265.00
$ -
$
Com kte In ace -Ch
14
8' 17-1/4 DEG MJ BeM DI
2
EA
E
280.00
$ 520.00
$ 633.64
j 1,267.28
S 520.00
$ 1,040.00
$ -
$
Com In ace each
16
8" 221/2 DEG MJ Sam DI
11
EA
$
260.00
E 2,860.00
$ 736.32
$ 8,099.52
E 414.00
$ 4,554.00
$ -
$
C
-
16
BIearn
18
EA
$
260.00
E 4,880.00
$ 980.88
S 17,855.84
E 520.00
S 8,380.00
$ -
j
Complete M plem par each
17
18' Solid Plug DI MJ
1
EA
E
1,200.00
E 1,200.00
$ 904.32
E 904.32
E 1,210.00
E 1,210.00
$ -
$
Ceach
18
2
EA
$
980.00
$ 1,920.00
$ 576.43
$ 1,152.86
$ 690.00
$ 1,380.00
$ -
$ -
Com ate M MW
19
8" Gate Valve niM Valve Box
1
EA
$
860.00
$ 860.00
E 2594.97
E 2594.97
T-177-25-55
$ 1,725.00
$ -
$
Complete In Diam oer each
Iw.
20
18' Bore and Casing
180
LF
$
215.001$
40,850.00
$ 350,85
$ 66,667.50
S 290.00
$ 55,100.00
$ -
$
Complete In place par lineal foot
1
J:bAMq 4a01W02092J)p6N Davng,alMm it M Mme 2 Sid TahA
tN
Page 3 of 4 Pages
I
Co
I
J!PalaxdedUa2092-0Ped Dowmerna�30aJ 11 26Rafe 2 aid Tebala
w
Page 4 of 4 Pages
FORCE MAIN REPAWIREPLACEMENT - LINE C
Austin Engineering Co.
Resse Contracting, Inc.
W.T. Young Construction
PHASE 2 - IOENrTH CIRCLE TO CIMARRON BLVD.
P.O. Box 342349
P.O. Box 6352
P.O. Box
9197
P act No. 7276
Austin TX
787342349
Co us Chrlsll
TX 78466
Conous ChristiTX 78459
Marr,
Creantlivi
Unit
Unit Prim I
Amcurrt
nN Prim I
Amount
Unn Prim I
Amount MR Price
I Amount
Unit Pana AmosA
21
36" Bore and Casing
190
LF
E
410.00
$ 77,900.00
$ 573.87
$ 109.035.30
$ 401.00
$ 76,190.00
$ -
$ '
Complete in piece par lineal foot
S -
$ '
22
4' Combkntlon Air Valve w/Assembly,
8
EA
$
4,600.OD
S 36,800.00
E 6,182.59
$ 49,460.72
S 4,600.00
$ 38,800.00
23
Complete In place par each_
2' Combination Air Valve w/Assembly,
8
FA
$
7,440.00
$ 11,520.00
S 1,544.11
S 12,352.88
$ 1,480.00
$ 1 [.880.00
$ -
S
Complete In place per each
24
Trench Safety Plan
7,000
LF
S
2.00
$ 14,000.00
$ 1.20
$ 8.400.00
S 3.00
S 21,000.00
25
Per lineal foot
Grass Sodding
4,100
SY
$
2.50
$ 10,250.00
$ 2.97
$ 12,777.00
S 4.00
E 16,400.00
$ -
$ -
26
Com M ace square and
Omer Seeding
15,200
Sy
$
0.60
$ 9,120.00
$ 1.37
$ 20,824.00
S 4.00
$ 60,800.00
$ -
$ '
27
Complete M ace square ab
Asphalt Pavement Repairs,
4,000
Sy
$
26.00
104,000.00
$ 40.681$
162,720.00
$ 53.00
$ 212,000.00
$ -
$ -
28
Complete M lace ers square rd
Curb and Gutter repairs
100
LF
$
16.00
S 1,600.00
S 25.90
E 2,590.00
$ 20.00
$ 2,000.00
$ -
$ '
Complete m ace o lineal foot
$ -
$"
29
Sktawalk Repairs
300
SF
$
8.00
$ 2,400.00
S 11.22
$ 3,366.00
$ 11.00
$ 3,300.00
Complete In lace square foot
E -
$ '
30
Curb Inlet Replacement
7
EA
$
3,800.00
$ 3,800.00
E 4.708.15
E 4,706.15
S 3,450.00
$ 3,450.00
31
Complete In piece each
Tumult (4' Depth)
1.500
SY
$
2.00
$ 3,000.00
$ 17.88
E 26,940.00
$ 5.00
$ 7,500.00
$
32
Complete M acs square b
Cimarron Manhole
1
EA
$ 26,000.00
$ 26.000.00
$ 112,139.05
E 172,139.05
$150,850.00
$ 150,850.00
$
actable Diameter) each
$
$ '
33
Wellpointing
2,600
LF
$
5.00
$ 13,000.00
1,612.00
$ 8.00
i 15,800.00
-
34
Po Ansel foot
Stamwater Pollution Prevention
1
LS
$
7,000.00
$ 7,000.00
44,570.03
S 24,500.0D
24,500.00
$ -
Sper
um sen35 TrefAc Conbol
1
LS$
38,00000
S 38,00000
40,109.95
S 23,000.00
$ 23,000.00E
$um
Nur36 MobllizwdoNBonds/Insurance
1
LS
$ 136,000.00
$ 136,000.00
44�4.570.03$
45.164.45
68.500.00
$ 66,500.00$
EIm
um sun
,989 .00i
-A
F6xr c S em Com late Per Lan Sum
1
LS
$ 77 000.00
$ 71 000.00
96 594.00
$ 78 30600
78 308.00
TOTAL ADDITIVE 599
T--71,7700
5 .00
TOA BASE 6 ADDITIVE BID ITEM
1 8B0 630.00
2,088 371.00
2 13 392.00
-E.
J!PalaxdedUa2092-0Ped Dowmerna�30aJ 11 26Rafe 2 aid Tebala
w
Page 4 of 4 Pages
~ Mpro/ect \ co uncilexhibits \ exh 7276. dwg
CORPUS CHRISTI BAY
STATION
PHASE
PHASE
NAS
2444
PROJECT LOCATION
Phase 1-Fcom Evenhact Lift Statlon to Kenlth St.
Phase 2- FPOm Kenlth St. to Cimarcon
PROJECT No. 7276
LOCATION MAP
NOT TO SCALE
FORCE MAIN REPMRS AND REPLACEMENT- FORCE
MAIN LINE "C" PHASE 1 & PHASE 2
CITY OF CORPUS CHRISTI, TEXAS -182-
EXHT_BT_T "D"
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 12/I 1/2005
20
AGENDA MEMORANDUM
DATE: December 16, 2003
SUBJECT: 30" and 18" Gravity Sewer Lines from Kostoryz Road to Waterloo Drive
(Project #7197)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to award a construction contract to
SJ Louis Construction of Mansfield, Texas in the amount of $1,489,586.49 for the 30" and
18" Gravity Sewer Lines from Kostoryz Road to Waterloo Drive.
ISSUE: This project will complete an integral upgrade of wastewater service components
which will facilitate the necessary diversion of wastewater flow from the Oso Treatment
Plant to the Greenwood Treatment Plant.
FUNDING: Funds for this project are available in the Wastewater Department's FY 2002-
2003 Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented so a
construction contract may be issued and necessary structural improvements may begin.
Director of Wastewater
~,~'r~el R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit"C" Bid Tab Summary
Exhibit"D" Location Map
H:/HOMEILYNDAS\GEN\Wasteweter~7197 - Gravity Line Kosloryz Road to Waterloo Drive/Memorandum.doc
-185-
BACKGROUNDINFORMATION
SUBJECT: 30"and 18" Gmvity Linesfrom Kosto~z Road toWatedoo Drive
Pr~ect#7197
PRIOR COUNCIL ACTION:
1. August 18, 1998 - Motion authorizing the City Manager, or his designee, to execute
a Contract for Engineering Services with Goldston Engineering, Inc. for a total fee
not to exceed $187,800 for the (a) Kostoryz Road Utilities Adjustments from Holly
Road to Saratoga Boulevard; (b) Kostoryz Road from South Padre Island Drive to
Holly Road Drainage Improvements Study; and (c) Lift Station Improvements and
Carolyn Heights Diversion to Greenwood Wastewater Treatment Plant (Motion No.
M98-284).
2. October 17, 2000 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. 1 for Stage 2 services to the Contract for Engineering
Services in the amount of $565,865, for a total re-stated fee of $753,665, with
Goldston Engineering, Inc. for Lift Station Improvements and Carolyn Heights
Diversion to Greenwood Wastewater Treatment Plant (Motion No. M2000-373).
3. October 8, 2002 - Motion authorizing the City Manager, or his designee, to execute
a construction contract with Garver Construction in the amount of $2,524,704 for
the 30-Inch Gravity Sewer Line Greenwood Drive to Richter Ditch.
December 17, 2002 - Approval of the FY 2002-2003 Capital Improvement Budget
(Ordinance No. 025144).
June 10, 2003 - Motion authorizing the City Manager, or his designee, to award a
construction contract in the amount of $1,841,249.88 with Holloman Corporation for
Kostoryz Lift Station and Force Mains.
PRIOR
ADMINISTRATIVE ACTION:
July 16, 2001 - Executed Amendment No. 2 to the Contract for Engineering
Services with Goldston Engineering, Inc. for a total fee of $2,000, for a total re-
stated fee of $755,665.
May 13, 2003 - Executed Amendment No. 3 to the Contract for Engineering
Services with Goldston Engineering, Inc. for a total fee of $8,100, for a total re-
stated fee of $763,765.
FUTURE COUNCIL ACTION: Nothing Anticipated.
H:IHOMEILYNDASlGENIWastewater~7197 - Gravily Line Kosto~z Road to Wa/eHoo Dnve/BACKGROUND INFORMATION doc
-186-
EXHIBIT "A"
Page i of 3
BACKGROUND INFORMATION: A number of Wastewater projects approved by the City
Council in the 1997-98 Capital Improvement Program addressed needed improvements
to the City's basic infrastructure components. Several of these interrelated projects involve
work in the same general area of the City; therefore, they were grouped together into one
overall project. This project area generally included:
· Kostoryz Road from South Padre Island Drive to Saratoga Boulevard and
· The Carolyn Heights area along Saratoga Boulevard to the Greenwood Wastewater
Treatment Plant.
The project is listed and to be accomplished as follows:
Lift Station Improvements & Carolyn Heights Diversion to Greenwood Plant This
portion of the project includes the elimination of two lift stations (Carolyn Heights
and Saratoga Place) and the construction of gravity lines to the Kostoryz lift station.
The project also includes construction of a new lift station at Kostor~z, installation of
a force main from the lift station towards Ayers Street, construction of a gravity line
from the Greenwood Wastewater Treatment Plant towards Ayers Street and Richter
Ditch and along Saratoga to intercept flows and provide future gravity service for
property along Saratoga. This gravity line will eliminate the lift station at Saratoga
Place.
The Lift Station Improvements and Carolyn Heights Diversion to Greenwood Wastewater
Treatment Plant will be accomplished in three (3) construction contracts:
1. Project No. 1 - Kostoryz Lift Station and Force Main Improvements
(under construction)
2. Project No. 2 - 30-inch Gravity Line from Greenwood Drive to Richter
(under construction)
3. Project No. 3 - 30-inch and 18-inch Gravity Sewer Lines from Kostoryz Road to
Waterloo
PROJECT DESCRIPTION: This project is the third of three projects to be completed and
includes:
· approximately 4,200 linear feet of 30-inch diameter PVC gravity sewer main;
· 200 linear feet of 24-inch diameter PVC gravity sewer main;
· 2,600 linear feet of 18-inch diameter PVC gravity sewer main;
· 70 linear feet of 16" PVC force main;
· 18 fiberglass manholes; and
· 360 linear feet of 30-inch and 36-inch diameter steel casings (borings and open
cut); in accordance with the plans, specifications and contract documents.
H:\HOMESLYNDAS/GEN\Wastewater~7197 - Gravity Line Kosloryz Road lo Watedoo Drive\BACKGROUND INFORMATION.doc
-187-
EXHIBIT "A" II
Page 2 of 3
BID INFORMATION: The City received bids on November 26, 2003 with nine (9) bidders
submitting proposals. The project consisted on a Base Bid only; and the estimated cost of
construction was $2,300,000. The bids range from $1,489,586.49 to $2,379,053.25 with
SJ Louis Construction of Mansfield, Texas submitting the Iow bid.
The City's consultant, Goldston Engineering, Inc., and City staff recommend that based on
Iow bid and satisfactory references, that a construction contract be awarded to SJ Louis
Construction of Mansfield, Texas in the amount of $1,489,586.49 for the 30" and 18"
Gravity Sewer Lines from Kostoryz Road to Waterloo Drive.
CONTRACT TERMS: The contract for:
Project No. I Kostoryz Lift Station and Force Mains is currently under construction and will
be complete in 371 calendar days, with completion anticipated by June 2004.
Project No. 2 30-inch Gravity Line Greenwood Drive to Richter is currently under
construction and scheduled to be complete in March 2004.
Project No. 3 30-inch Gravity Line Kostoryz Road to Waterloo is scheduled to be complete
in 308 calendar days with completion anticipated by January 2005.
FUNDING: Funds for this project are available in the FY 2002-2003 Wastewater Capital
Improvement Budget.
-188-
EXHIBIT "A"
Page 3 of 3
PROJECT BUDGET
30-INCH AND 18-INCH GRAVITY SEWER LINES
KOSTORYZ ROAD TO WATERLOO DRIVE
(Project No. 7197)
December 16, 2003
FUNDS AVAILABLE:
Wastewater CIP Fund ..................................................................................... $1,958,484.49
FUNDS REQUIRED:
Construction (SJ Louis Construction) ................................................................. $1,489,586.49
Contingencies (10%) ...................................................................................... 148,958.00
Consultant (Goldston Engineering, inc.) .............................................................. 186,790.00
Inspection ..................................................................................................... 45,000.00
Testing ........................................................................................................ 41,650.00
Engineering Reimbursements ........................................................................... 30,000.00
Finance Reimbursements ................................................................................ 15,000.00
Miscellaneous (Printing/Advertising, etc) ............................................................. 1,500.00
Total ............................................................................................................ $1,958,484.49
EXHIBIT "B"
Page 1 of 1
-189-
30"
& 18" Gravity Line - Kostoryz Road to Waterloo Drive - 07197
Tabulation of Bids I Department of Engineering - City of Corpus Christi, TX
Tabulated By: Steve Syncvitx, P.E. Goldston Engineering Data: 12HOI2003
Tlms of Completion- 309 Calendar Dan En h ones Opinion of Cost $2.300.000.00
1. Ba Louis Const.
520 S. 6th Ave.
Mansfield, TX
76083
2. Ramos Industries
3678 Pasadena
Pasadena, TX
77506
3. South TX utilities
P.O. Box 8639
The Woodlands, TX
77387
Item
Description
ON
Unit
Unit Price I
Amount
Unit Price
Amount
Unit Price
Amount
Base Bid
A-1
V Dia. Fibs lass Manhole 6 deep or less
1
EA
4,D00.00
4,900.00
6,700.00
6,700.00
4,500.00
4,600.00
A-2
Extra Depth for 5' Dia. Manholes
15
VF
250.00
3,750.00
3 323.00
4 845.00
490.00
7,350.00
A-3
6' Dla. Fiberdlass Manhole 6' dean or lase
12
EA
6,000.00
72 000.00
8.0W.00
98 000.00
5,100.00
61 200.00
Ad
Extra Denth for 6' Dia. Manholes
194
VF
325.00
63 050.00
175.00
33 950.00
S 670.00
129 980.00
A-5
12" ASTM D-3034 SDR 26 PVC Sewer Line 9' Stubouts
20
EA
S BOO.OD S
16 000.00
S 384.00 S
7.680.00 IS
450.00
9,000.00
A-6
24' ASTM D03034 SDR 26 PVC Sewer Line 10'-12' Dee
22
LF
66.00
1,452.00
110.00
2,420.00
96.00
S 2.112.00
A-7
24' ASTM D-3034 SDR 26 PVC Sewer Lina 1714' Dae
9
LF
68.00
594.00
120.00
1 OB0.00
99.00
S 891.00
A-8
24' ASTM D-3034 SDR 26 PVC Sewer Line 14'-16' Dee
11
LF
66.00 3
726.00
S 150.00
1,650.00
106.00
S 1.180.00
A-9
24' ASTM D-3034 SDR 26 PVC Sewer Line 16'-18' Dee
8
LF
66.00
528.00
180.00
1,440.00
118.00
S 944.00
A-10
24" ASTM D-3034 SDR 26 PVC Sewer Line 18'-20' Dee
81
LF
66.00
528.00
220.00
1,760.00
131.00
1,048.00
A-11
24' ASTM D-3034 SDR 26 PVC Saxer Line 20'-22' Dee
118
LF
S 66.00
7.786.00
S 125.00 S
14 750.00
S 137.00
6 18 166.00
A-12
24' ASTM 0-3034 SDR 26 PVC Sewer Une 22'-24'
17
LF
66.00
1,122.00
160.00 S
2.720.00
S 151.00
2,567.00
A-13
30' PVC Sewer Line 20'-22' Dee
3629
LF
137.50
498 987.50
158.00
573 382.00
160.00
580 640.00
A-14
30' PVC Sewer Line 22'-24' Dee
570
LF
137.50
78 375.00
S 160.00
91 200.00
175.00
S 99 750.00
A-15
A-16
Trench Safety for Excavations
2penCut Trench & Install 36' Dia., 112' Thick Steel Cast
4391
86
LF
LF
0.01
S 91.00
43.91
7.M.00
1.00
9300
4 391.00
7,998.00
3.25
211.00
14 270.75
18 14600
A-17
Remove and Ra lace Existing Drainaw Inlet and Pipe
4
EA
S 2.61M.00
10 400.00 S
4.500.00 5
18 000.00 S
3,100.00
12 400.00
A-18
Remove and Replace Existing 18' Dia. RCP Class til
8
LF
94.00
752.00
75.00 S
600.00 S
70.00
S 560.00
A-19
Remove and Replace Existing 36" Dia. RCP Class III
81
LF
142.00
1,136.00
8300
66400
12000
96000
A-20
Remove and Raided Existing 42' Dla. RCP Class III
8
LF
173.00
1 384.00 S
115.00
920.00
155.00 1
S 1.240.00
A-21
Remove and Replace Exisfina Asphalt Pavement
20
SY
50A0
1,000.00
40.00
800.00
51.00 IS
1.02D.00
A-22
Pavement Repair at Base Failures
14T
SY
30.00
4260.00
32.00 S
4544.00
54.00
S 7668.00
A-23
A-24
Seal Coat Incudes Raisin MH Lids & Valve Boxasl
Remove and Replace ExlstiSidevaik
162
200
SY1.00
SF
5.00
182.00
1 000.00
14.00
7.00
Z.268.00
1 400.00
17.00
8.00
2,754.00
1,800.00
A-25
A-26
Remove and Replace Existing Curb and Gutter
ve
RemoExisting LIR Station
Subtolal'A'Items:
100
1
LF
LS
is 25.001
40 000.00
2,5W.00$
40000.00
820 04.41
32.00
22000.00
3 200.00
22 000.00
908382.00
20.00
50 000.00
2,000.00
50 000.00
1070132.75
Note: lt 61ues within dart bold boxes had mina math enors andlor discrepandes and have been corrected as shorn.
30" & 18" Gravity Line - Kostoryz Road to Waterloo Drive - #7197
Tabulation of Bids I Department of Enginesring - City of Corpus Christi, TX
Tabulated By: Steve Synovitz, P.E. Goldston Engineering Date: 1211012003
Time of Completion: 308 Calendar Das En lneers Opinion of Cori $2.300.000.00
1. S.1 Lows Const.
520 S. lith Ave.
Mansfield, TX
78063
2. Ramos Industries
3636 Pasadena
Pas Wena, TX
TI508
3. South TX Utilities
P.O. Box 8839
The Woodlands. TX
77387
Item
DescrItAlon
Qtv
Unit
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
Bass Bid
B-1
4' Dia. Fife lass Manhole Wdeap or lass
2
EA
1200.00 1
6.400.00
2,160.00
4,320.00
3,000.00 S
6.000.00
B-2
Extra Depth for 4' DIa. Manholes
1
VF
S 100.00 &
100.00 IS
200.00 1
200.00
200.00
200.00
B-3
S DIa. FI less Manhole Wdeep or less
6
EA
4 9DO. S
29 400.00 IS
5.960.00
35 760.00
4100.00
24,6W.00
B-4
Extra Depth for 5' Dia. Manholes
71
VF
250.00 S
17 750.00
215.00
15 265.00
410.00
29,1`10.00
B-5
18" ASTM D-3034 SDR 26 PVC PI 2'J' Dee
48
LF
93.00 I
4.464.0D
1 75.00 S
3.600.00
85.00
4,080.00
13-6
18" ASTM 13-3034 SDR 26 PVC Pi 4'-6' Dee
360
LF
93.00 S
33 480.00
1 77.00
27 720.00
85.00 S
30-60000
B-7
18" ASTM D-3034 SDR 26 PVC PI 6A' D
550
LF
93.00
51 150.00
S 80.00
".000.00
87.00 S
47.8%).00
B-8
18" ASTM D-3034 SDR 26 PVC PIpe (6-10'Deepl
80
LF
S 93.00
7,440.00
81.00
e.480.00
90.00
7,200.00
B-9
18" ASTM D-3034 SDR 26 PVC PI 10'-12' Dae
70
LF
93.00 1
6,510.00
83.00
5,810.00
93.00
6,510.00
B-10
18" ASTM D-3034 SDR 28 PVC Pi 12'-14' Dee
60
LF
1 93.00
5.5w.00
64.00 S
5.040.00
97.00 1
5,820-22
B-11
18" ASTM D3034 SDR 26 PVC PI 14'-16' Dee
60
LF
I 93.00
5,550.00
85.00
5 100.011103.00
6 180.00
B-12
18" ASTM D-3034 SDR PVC PI 16'-18' Dee
637
LF
93.00
59 241.00
90.00
_57.330.00
112.00
71 344.00
B-13
18" ASTM D-3034 SDR 26 PVC PI 18'-20' Dee
718
LF
S 93.00 S
66 774.00
96.00
68,920.
127.00 IS
91.103-00
B-14
Trench Safety for Excavations
2308
LF
0.01 1
23.08 1
S 1.00
2,308.00
1.50
3,462.00
B-15
Bora and Casa 30" Dia. Steel Casing
274
LF
321.00 S
87 954.00 Is
299.00
81 926.00
622.00
170 426.00
B-16
Remove and Replace Existino Drainage Inlet and Pipe
1
EA
2,600.00 S
2.600.00 IS
1.700.00 S
1,700.00
3,100.00
3,100.00
B-17
Remove and Re lace Existing 18" Dia. RCP Cis" III
32
LF
94. S
3.008.00 IS
52.00 S
1.664.00 IS
57.00
7 824.00
B-18
Remove and Replace Existinn Monitoring Well
1
EA
S 1 500.00 S
1.500.00
1 440.00 S
1.440.00
3,500.00
3,500.00
B-19
Remove and Replace Existing Asphalt Pavement
923
SY
50.00 1
46 150.00 IS
30.00 S
27 690.00
43.00
39 689.00
B-20
Pavement Re Ir at Base FellUM5
2776
SY
30.00
83280.00
S 25.00
69400.00
S 48.00 S
133248.00
B-21
Seal Coat Includes Raising MH Lids 8 Valve Boxes
5549
SY
1.00
5,549.00
9.00
49 941.00
S 4.50
24 970.50
B-22
Replace Traffic Stdom
1
LS
2,500.00
2,500.00
51000.00
01000.00
2,900.00
2.9W.00
B-23
Special V Diameter Fiberglass Manhole 'B -g'
1
EA
7,600.00
7.6M.00
81000.00
8,000.00
10.0w.00
10,000-00
B-24
Reconstruct ExisO 6' Diameter Manhole "BAA
1
EA
2,0G0.00
2 000.00
4900.00
4.9M.00
11 400.00
11 400.00
Subtotal "B' Items:
538 033.08
534 522.00
735 01.50
Note: ealiazed values wMMln dark bold boxes had mina math snon end/a dlsaepanaes and have been cenWed as shosm.
30"
818" Gravity Line - Kostoryz Road to Waterloo Drive - #7197
Tabulation of Bids I Department of Engineering - City of Corpus Chdsti, TX
Tabulated By: Stew Synovlts, P.E. Goldston Engineering Date: 12/1012003
Time of Completion: 308 Calendar Divs En Inear's Opinion o/ Cost 300 000.00
1. SJ Lows Const.
520 S. 8th Ave.
Mansfield, TX
70063
2. Ramon Industries
3838 Pasadena
Pasadena, TX
77508
3. South TX utilities
P.O. Box 8639
The Woodlands, TX
77387
Item
Description
Qtv
Unit
Unit Price I
Amount
Unit Price
Amount
Unit Price
Amount
Base Bid
C-1
16" AW WA C-905 DR 16 PVC Force Main 2'-0' Dee
55
LF
150.00
8,250.00
71.00
3,905.00
97.00
5,335.00
C-2
16' AW WA C-905 DR 18 PVC Force Main 4'6' D
15
LF
150.00 S
2.250.00
5 76.00
1.140.00
97.00 5
1.456.00
C-3
18`16" Ductile lion Wye
1
EA
S 3.6W.00
3,600.00
3,500.00
3,5M.00
4,000.00 3
4000.00
C-0
16`76" Ductile Inon Wye
1
EA
215W.00
2800.00
2700.00
2700.00
3100.00
3100.00
C-5
16' Ductile Imn 45 Degree Bend
5
EA
1.100.00 S
5.500.00
S 1,170.00
5,850.00
1,5D0.00
7,500.00
C6
Resilient Wedge Gate Valve
21
EA
3800.00
7600.00
S 700.00
1400.00
4500.00
9000.00
C-7
Remo" and Replace Exhi Asphaft Pavement
31
SY
30.00
2,550.00
30.00
1,530.00
43.00 S
2,193.00
C6
Pavement Repair at Base Failures
86
SY
30.00 S
2.580.00
S 30.00 S
2.580.00
S 48.00 3
4128.00
C-9
Seal Coat Oncludee Raising MH Lida B Valve Boxes
194
SY
1.00
194.00
12.00 S
2.328.00
S 18.00 S
3.492.00
Subtotal "C" Items:
35 324.00
2933.00
40A3,00
D-1
Tralk Controls DuMm Constmcuon
1
LS
10000.00
10000.00
25000.00
25000.00
17500.00
17500.00
D-2
SWPPP OD
4980
LF
1.00
4980.00
2.00
9980.00
3.50
17430.00
0-3
SWPPP ID
4875
LF
1.00
4675.00
2.00
9350.00
3.50
16362.50
D-0
SWPPP FF -E-
230
230V
LF
2.00
460.00
2.00
480.00
3.50
805.00
D-5
Emslon Control B Sending5.7
AC
500.00
2,850.00
1,250.00
7 125.00
1,350.00
7,695.00
D6
Allowance for Unanticipated Adjustments
LS
75000.00
73000.00
75000.00
75000.00
75000.00
75000.00
Subtotal "D' items:
97 985.00
126 895.00
1 792.50
TOTAL BASE BID REM9:
1489 888.49
1 592 712.00
1840 Ji9.75
Rote: t+alues *Nin dad, bold boxes had mina mat arras and/or discrepancies and have been corrected as shorn.
30"
& 18" Gravity Line - Kostoryz Road to Waterloo Drive - #7197
Tabulation of Bids I Department of Engineering - City of Corpus Christi, TX
Tabulated By: Steve SynovBz, P.E. Goldston Engineering Date: 1211012003
Time of Completion; 300 Calendar Das En Ineer's Opinion of Cost $2.300.000.00
4. Laughlin -Thyssen
1320 Boyles SL
Houston, TX
77020
5. Cash Construction
16007 Heatharwllds
PBugervllle, TX
78660
6. Huss Mitchell
17920 Huff nsinsr $150
Cypress, Tx
77429
Item
Description
Oty
Unit
Unit Price
Amount
Unit Price
Amount
Unit Prim
Amount
Ban Bid
A-1
VOW. Fibs less Manhole Wdeep or less
1
EA
12 000.00
12 000.00
7 000.00
7,000.00
8,000.00
3 8.000.00
A-2
Extra Depth for V Dla. Manholes
15
VF
S
400.00
6.000.0D
330.00
4.W.00
200.00
3,000.00
A-3
6' Dia. FI lass Manhole (6d"p or less
12
EA
3
10 000.00
120 000.00
8,000.00
3 96 000.00
S
9,000.00
108 000.00
A-4
Extra Depth for 6' Dia. Manholes
194
VF
S
450.00
87 300.00
S
420.00
S 81 450.00
250.00
48 500.00
A-5
12' ASTM D-3034 SDR 26 PVC Sewer Line 9' Stubouts
20
EA
1,200.00
24 000.00
1,500.00
30 000.00
1.200.00
S 24 000.00
A-6
24' ASTM D03034 SDR 26 PVC Sewer Line 10'-12' Dn
22
LF
172.00
3,784.00
163.00
3,586.00
200.00
S 4,400.00
A-7
24' ASTM D-3034 SDR 26 PVC Sewer Line 12-14' Dee
9
LF
172.00
1,548.00
165.00
1,485.00
200.00
1.8w.00
A-8
24' ASTM D-3034 SDR 26 PVC Sewer Line 14'-16' Dae
11
Lf
172.00
1,892.00
16700
1 837.00
205.00
S 2.255.00
A-9
24' ASTM D-3034 SDR 26 PVC Sewer Line 16'-18' Dee
8
LF
172.00
1,376.00
173.00
1 384.00
210.00
1.6w.00
A-10
24' ASTM D-3034 SDR 26 PVC Sewer Line 18'-20' Dee
8
LF
S
172.00
S 1.376.00
S
178.00
1,424.00
215.00
1,720.00
A-11
24' ASTM D-3034 SDR 26 PVC Sewer Lire 20'-22' Des
118
LF
172.00
1 S 20 296.00
S
213.00
S 25 134.00
S
220.00
S 25 960.00
A-12
24' ASTM D-3034 SDR 26 PVC Sewer Line 22-24' Dee
17
LF
172.00
2,924.00
254.00
4,318.00
225.00
3,825.00
A-13
30' PVC Sewer Line 20'-22' Dee
3629
LF
$
176.00
638704.00
$
240.00
$ 870,960.00
$
234.00
$ 849 186.00
A-14
30' PVC Sewer Llne 22'-24' Dee
570
LF
$
202.00
$ 115140.00
$
270.00
$ 153900.00
$
237.00
$ 135,090.00
A-15
Trench Safety for Excavatbns
4391
LF
$
3.00
$ 13,173.00
$
2.00
$ 8,782.00
$
1.00
$ 4,391.00
A-16
Open Cut Trench 8lnstall 36' Dia. 1/2' Thick Steel Casing
86
LF
160.00
13 760.00
250.00
21 500.00
350.00
30 100.00
A-17
Remove and Replace ExIstina Draire a Inlet and Pipe
4
EA
Is
2.000.00
3 8.000.00
Is
5.0D0.00
S 20 000.00
IS
2.000.00
S 8.000.00
A-18
Remove and Replace Exlsti18' Ola. RCP Class I 111
8
LF
3
60.00
480.00
200.00
S 1.6w.00
50.00
480.00
A-19
Remove and Replace Existi 36' Dia. RCP Class III
8
LF
135.00
11080.00
300.00
S 2.400.00
IS
120.00
980.00
A-20
Remove and Replace Existi42' Dia. RCP Class III
8
LF
160.00
1,280.00
330.00
2,640.00
160.00
1,280,00
A-21
Remove and Replace Exisuna As haft Pavement
20
SY
52.00
1,040.00
22.00
440.00
60.00
1,200.00
A-22
Pavement Repair at Base Failures
142
SY
52.00
7,384.00
54.00
7,668.00
60.00
8,520.00
A-23
Seal Coat Includes Ralsim MH Lids 8 Valve Boxes
182
SY
6.50
1,053.00
20.00
3,240.00
2.00
S 324.00
A-24
Remove ant Replace Existing Sidewalk
200
SF
Is
8.40
IS 1,280.00
IS
8.00
1.6m.00
4.00
B00.D0
A-25
Remove and Replace Existina Curb and Gutter
100
LF
19.00
1.9w.00
IS
20.00
2,000.00
40.00
4,000.00
A-26
Remove Existing LM Station
1
LS
S
40,000.00
40000.00
1 $
65,000.00
$ 65.000.00
1 $
30,00000
$ 30.000.00
Subtotal' A' Items:
1
1$ 1,120,770.00
1
S 1,420,320.00
i 1307471.00
Note - "Iicized values wthin dark bold box. had mirror main emus and/or decrepandes and have been corrected as shown.
30"
& 18" Gravity Line - Kostoryz Road to Waterloo Drive - #7197
Tabulation of Bids I Department of Engineering - City of Corpus Christi, TX
Tabulated By: Stays SynovlR, P.E. Goldston Engineering Date: 12/102003
Time of Completion: 308 Calendar Das En losers Opinion of Cwt $2.300.000.00
4. Laughlin -Thyssen
1320 Boyles Sl.
Houston, TX
77020
5. Cash Construction
18607 Hesthensilds
PBugeMlle, TX
78680
6. Huff 8 Mitchell
17VA HuffmoMw 8150
Cypress, Ta
77429
Item
Description
Oty
Unit
Unit Price I
Amount
Ung Price
Amount
Unit Price
Amount
Bass Bid
B-1
4' Die. Fiberglass Manhole Wdeep or less
2
EA
7.000M 5
14 000.00
S 5.000.00
10 000.00
S 3,000.00
6,000.00
B-2
Extra Depth for 4' Dia. Manholes
1
VF
275.00
275.00
200.00
200.00
80.00
80.00
B-3
5' Dla. Fiberglass Manhole V deep or less
6
EA
9,000.00
54 000.00
S 7,000.00
42 000.00
8 000.00
36 000.00
B-4
Extra Depth for 5' Dia. Manholes
71
VF
320.00
22 720.00
S 350.00
24 850.00
200.00
14 200.00
B-5
18' ASTM D-3034 SDR 26 PVC PI 2'-4' Dee
48
LF
3 120.00
5,76D.00
5 49.00 S
2 352.00
S 100.00 S
4.800.00
M
18' ASTM D-3034 SDR 26 PVC PI 4'-6' Dee
360
LF
120.00
43 200.00
50.00
18 000.00
100.00
36 000.00
B-7
18" ASTM D-3034 SDR 26 PVC PI "' Deep)
550
LF
120.00
66 000.00
51.00
28 050.00
100.00
55 000.00
B -8
i6' ASTM D-3034 SDR 26 PVC PI 8'-10' Dee
50
LF
120.00
MOM
52.00
4160.00
105.00
8,400.00
B-9
18' ASTM D-3034 DR 26 PVC PI MV-112'Deep)
70
LF
S 120.00
8,400.00
67.00
4 690.00
110.00 3
7,700.00
B-10
18" ASTM D-3034 SDR 26 PVC Pipe 12'-14' Dee
60
LF
120.00
7,200.00
69.00
4140.00
116.00
6.9w.00
&11
18" ASTM D-3034 SDR 26 PVC P 14'-16' Dee
601
LF
120.00
7,200.00
S 71.00
4 260.00 IS
120.00
7,200.00
B-12
18' ASTM D-3034 SDR PVC P 1 ti' -18' D
637
LF
S 120.00
78 440.00
83.00 S
52 871.00
125.00 S
79 625.00
B-13
18- ASTM 03034 SDR 26 PVC PI 18'-20' Dee
716
LF
3 120.00
66160.00
105.00
75 390.00
130.00
93 340.00
B-14
Trench R.for Exoavaews
2308
LF
3.00
6,924.00
2.00
4616.00
S 1.00
2308.00
B-15
Some and Casa 30" Dla. Steel Casino
274
LF
500.00 S
137 000.00
S 400.00
109 600.00
500.00
137 000.00
B-16
Remove and Replace Existing Drainage Inlet and Pipe
i
EA
4,800.00
4,800.00
5,0D0.00 S
5 000.00
2,000.00
2,000.00
B-17
Remove and Replace Existing 18' Dia. RCP Class 111
32
LF
76.00 S
2.432.00
S 220.00
7 040.00
60.00
1920.00
B-18
IRmove and Replace ExIsfing Monitorina Well
1
EA
Is 1.500.00 S
1.500.00
S 4.000.00 1 S
4.000.00
S 2.500.00 S
2,500.00
B-19
Remove and Re lace Exisft Asphalt Pavement
923
SY
50.00
46150.00
22.00
20 306.00
60.00
55 380.00
B-20
Pavement Repair at Base Failures
2776
SY
50.00 S
138 800.00
40.00
111 040.00
3 60.00 S
166 580.01)
8-21
Seal Coal Includes Raising MH Lids B VaNe Boxes
5549
SY
3 4.50
24 970.50
4.00
22 1911.00
2.00
11 098.00
B-22
Re lace Traffic Std In
1
LS
1,600.00 S
1,8M.00
12 000.00
12 000.00
S 1,500.00
1500.00
B-23
Special V Diameter Fibs lass Manhole "BA'
1
EA
12 000.00
12 000.00
8,000.00
8,000.00
5,000.00
5000.00
B-24
Reconstruct Existing 6' Diameter Manhole "B-10"
1
FA
8000.00
8000.00
9,000-00
9000.00
5,000-00
5000.00
Subtotal "B' hems:
785 331.50
563 781.00
745 571.00
Nme. 4alues vdMin dark bWd boxes had minor math ono" andlw die psr,dea and have been conecWd as shown.
30"
& 18" Gravity Line - Kostoryz Road to Waterioo Drive - #7197
4. Laughlin -Thyssen
S. Cash Construction
e. Huff A Mitchell
Tabulation of BIM I Department of Engineering - City of Corpus Christi, TX
Tabulated By: Steve Synovllr, P.E. Goldston Engineering Date: 12110/2003
Time of Completion: 305 Calendar Dew En Ine is O Inion of Cost 300 000.00
1320 Boyles SL
Houston, TX
77020
18607 Heatherollde
Pnugervllls, TX
78880
17920 Huffmelabr 9150
Cypress, Tx
77429
Item
Deserlotion
QtV
Unit
Unit Priv
Amount
Unit Price
Amount
Unit Price
Amount
Base Bid
C-1
C-2
C-3
C-4
C-5
C6
C-7
16-AVJWA C-905 DR 18 PVC Force Main (2'-N Deep)
16- AW WA C-905 DR 18 P/C Force Main 4'�8' Dee
18'x16"DucUIeImnWYe
I6"xi6"DucU1a1mnWw
16' Ductile Imn 45 D rae Band
ResIlientWedge Gate Valve
Remove and Replace Existing Asphalt Pawnerd
55
15
1
1
5
2
511
LF
LF
EA
EA
EA
EA
SY
325.00
325.00
3,700.00
2 600.00
1,100.00
4500.00 S
50.00
17875.00
4,875.00
3,700.00
2,600.00
6,500.00
9000.00
2.5W.00
200.00
250.00
S 4,000.00
3000.00
11300.00
5000.00
22.00
11000.00
3,750.00
4 000.00
3,000-00
6,500.00
10000.00
1 122.00
200.00
120.00
4,000.00
3 000A0
2,000.00
5000.00
60.00
S 11000.00
1 850.00
4,000.00
3,000.00
10 000.00
10000.00
3.000-00
C-8
Pavement Repair at Base Failums
88
SY
50'00
4.300.00
40'00
3440 00
44000
60 On
5.160.001
C-9
Seal Coat Includes Raisin MH Lids & Valve Boxes
Subtotal 'C' Hama:
194
SV
4.50
873.00
51 73.00
15.00
29 10.00
45722.00
2.00
385.00
48 .00
D-1
Traffic Controls Du Construction
1
LS
5 500.50
5,50000
24 000.00
24000.00
3,000.00
3 000.00
D-2
SWPPPDD
4980
LF
2.00
9960.00
2.00
8960.00
1.00
4980.00
D-3
SWPPP ID
4675
LF
2.00
9 350.00
S 2.00
5 9,350.00
1.00
S 4.675.00
D-4
SWPPP FF
230
LF
2.00
460.00
2.00
460.00
1.00
230.00
D-5
Erosion Control Bv Seedinq
5.7
AC
1,100.00
6,270.00
1,000.00
111 5,700.00
1,200.00.
A 6,840.00
D6
Allowance for Unsinficipated Ad ustments
1
LS
75 000.00
75 000.00
75000.00
S 75,0000
75 000.00
75 000.00
Subtotal "0' Items:
Is
108510.00 1
470.00
725.88
TOTAL BASE BID ITEMS:
i
2 089,914.30
S 2174,281.00
S 2,198.175.00
Nola - xeliciW values v4Min dark Edd Itoxes had minor main mors andlar discrepancies and have been comecied as shovm.
�cA
30"
$18" Gravity Line - Kostoryz Road to Waterloo Drive - #7197
Tabulation of Bids / Department of Engineering - City of Corpus Christi, TX
Tabulated By: Steve Synovitz, P.E. Goldston Engineering Dale: 12110/2003
Time of Completion: 308 Calendar Das En Inoses Opinion of Cost $2.300.000.00
7.3alcu Inc.
P.O Box 72368
Houston, TX
77227.7368
S. W.T. Young
P.O. 7179
Corpus Christi, TX
78489
9. King leen
11141 Goldston
Corp" Christi, TX
78409
Item
Ducrl Ion
Unit
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
Base Bid
A-1
5'Dia. Fiberglass Manhole (6'dftp or leu
1
EA
$
13,500.00 $
13,500.00F$4,80000
S
4,800.00
S 10,000.00 S
10,000.00
A-2
Extra De for 5'Dia. Manholes
15
VF
S
300.00 S
4,500.00
S
8,400.00
S 800.00 S
12,000.00
A-3
6' Dia. Fibe ass Manhole 8'dee or less
12
EA
11 000.00
132 000.00
72 000.00
6 725.00
80 700.00
A-4
Extra Da for 6'Dia. Manholes
194
VF
340.00
65960.00
147440.00
550.00
106700.00
A-5
12'ASTM D3034 SDR 26 PVC Sewer Line 9'Stubouts
20
EA
1 400.00
28 000.00
17 600.00
1 400.00
28 000.00A-6
24'ASTM D03034 SDR 26 PVC Sewer Lim 1 AT Dee
22
LF
180.00
3 980.00
3 300.00
250.00
5 500.00
A-7
24"ASTM D-3034 SDR 26 PVC Sewer Line 12'-14'Dee
9
LF
185.00
1 665.00.
1,575.00
250.00
2,250.00
A-8
24" ASTM D-3034 SDR 26 PVC Sewer Line 14'-16' Dee
11
LF
S
190.00 S
2.090.00
S
158.00
1,738.00
250.00
2,750.00
A-9
24" ASTM D3034 SDR 26 PVC Sawer Une 18.18' Dae
8
LF
195.00
1,560.00
160.00
1,280.00
S 250.00 S
2.000.00
A-10
24" ASTM D-3034 SDR 26 PVC Sewer Une 18'-20' Dee
8
LF
200.00
1,600.00
S
193.00 S
1.544.00
S 250.00
2,000.00
A-11
24' ASTM D3034 SDR 26 PVC Sewer Line 20'-22' Des
118
LF
205.00
24 190.00
195.00
23 128.00
250.00
29 500.00
A-12
24" ASTM D3034 SDR 26 PVC Sewer Line 22'-24' Dee
17
LF
$
210.00 S
3 570.00
210.00 $
3,570.00
$ 250.00 $
4,250.00
A-13
30"PVC Sewer Line 20'-22'Deep
3629
LF
$
234.00 $
849,186.00
S
217.00 $
787,493.00
$ 230.00 $
834,670.00
A-14
30' PVC Sewer Une 22-24' Du
570
LF
$
234.00 S
133,380.00
$
228.00 $
129,960.00
$ 260.00 S
148,200.00
A-15
Trench SO& for Excavations
4391
LF
2.00 S
8782.00
7.00
30737.00
S 5.25 S
23052.75
A-16
Open Cut Trench d Install 36" Dia., 1/2' Thick Steel Casing
Be
LF
530.00
45 580.00
S
321.00 3
27.606.0D
S 255.00 S
21,11M.00
A-17
Remove and Replace Existing Drainage Inlet and Pipe
4
EA
2,500.00
10,000.00
2,732.00
10 928.00
6,350.00
25 400.00
A-18
Remove and R lace Existing 18' Div. RCP Claes III
8
LF
100.00
800.00
94.00
752.00
100.00
800.00
A-19
Remove am Re lace Existing 36' Dia. RCP Clew III
8
LF
135.00
1.080.00
170.00
1,30D.00
235.00
7 880.00
A-20
Remove and Replace Existing 42" Dia. RCP Clan III
81
LF
180.00 S
1.440.00
S
281.00
2,248.00
325.00
2,600.00
A-21
Remove and Replace Existing Asphalt Pawment
20
SY
S
36.00
720.00
65.00
1,350.00
2 45.00 S
900.00
A-22
Pavement Repair at Bow Failures
142
SY
S
20.00 S
2.M.00
S
70.00 3
9.940.00
45.00 S
6.390.00
A-23
Seal Coat Includes Raising MH Lids 8 Valw Boxes
162
SV
12.00
1,944.00
6.00 S
972.00
S 2.00
324.00
A-24
Remove and Replace Exisfina Sidewalk
200
SF
9.00
1 800.00
8.00
1,600.00
8.00
1,600.00
A-25
Remove and Re lave ExIstino Curb and Gutter
IDD
LF
&
22.00 S
2200.00
17.00
1700.00
20.00 3
2000.00
A-26
Remove Existino Lift Station
1
LS
28000.00
2'1911
19720.00
48500.00
48500.00
Subtotal "A" Hems:
1 370 347.00
1,312,691.00
1403 896.75
Note - lvaluw within dark bold boxes had minor math eras and/or discrepancies and have been corrected as mown.
30" & 18" Gravity Line - Kostoryz Road to Waterloo Drive - #7197
Tabulation of Bids / Department of Engineering -City of Corpus Chdstl, TK
Tabulated By: Steve 9ynovlta, P.E. Goldston EnpinNrinp Dale: 1211012003
Time a/Completion: 308 Calendar Das En InNfa Opinion of Cwt300 000.00
Vern n-'rintlem Unit
Bata Bid
7. daico Inc.
P.O Boa 72369
Houston, T%
77227-7366
Unit Price 7 Amount
9, W.T. Young
P.O. 7179
Corpus Christi, TX
78489
Unit Priv Amount
9. King 191st
1841 Goldston
Corpus ChriaU, T%
76409
Unit Price Amount
8-1
B-2
B-3
B4
S-5
B-6
B-7
6-9
B-10
BA 1
B-12
B-13
B-14
B-15
B-16
BA7
B-18
B-19
B-20
B-21
8-22
B-23
B-24
4' Dia. Fiberglass Manhole 6' dee or ass
Extra Depth for 4' Dia. Manholes
5' Dia. Fibe lass Manhole Wdeep or less
Extra Depth for V Dia. Manholes
118' ASTM D-3034 SDR 26 PVC PI 2'-4' Dee
18' ASTM D-3034 SDR 26 PVC Pi 4'-6' Dee
18' ASTM D-3034 SDR 26 PVC P V-8' Dee
ASTM D-3034 SDR 26 PV PI 8'-10'Dee
18'ASTM D-3034 SDR 26 PVC PI 10'-12'Dee
18 -ASTM D-3034 SDR26 PVC PI 12'-14'Dee
18' ASTM D-3034 SDR 26 PVC PI 14'-16' Dee
18'ASTM D -W34 SDR PVC Pi 18'-18'D
18- ASTM D-3034 SDR 26 PVC PI 18'-20' Dee
Tmnch Safetv for Excavations
Bora and Case 30" Da. Steel Casln
Remove and Replace Existing Draina a Inlet and PI
Remove and Replace Existi 18' Dia. RCP Class Ili
Remove and Replace Existim Monitoring Well
Remove and Replace Exist] Asphalt Pavement
Pavement Repair at Base Failunls
Seal Cwt Includes Ralalm MH Lids 8 Vale Boxes
Re lace Traffic Std In
iSpecial B'Diameter Flbelass Manhole -B-9"
Reconstruct Existi 6' Diameter Manhole "B-10'
Subtotal -B' Items:
2
1
6
71
48
360
550
80
70
60
6D
637
718
2308
274
i
32
1
923
2776
5549
1
1
1
EA
VF
EA
VF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
LF
EA
LF
EA
SY
SV
SY
LS
EA
EA
S 3,500.00 $
150.00
9 000'00
270.00
90.00
95.00
98.00
120.00
135.00
205.00
225.00
145.00
155.00
1.00
750.00
11 2,500.00
90.00
500.00
25.00
16.00
5.00
2,0W00
10 000.00
$ 6,000.00 S
S
7,000.00 $
150.00
54 000.00
19 170.00
4320.00
34200.00W71.0025
53 900.00
9 600.00
9450.00
12 300.00
13500.00
9236500
111 290.00
2,308.00
205,500.0D
2,500.00
2,880.00
500.00
23 075.00
44 416.00
27 745.00
2,000.00
10 000.00
6,000.00
746,189.00 1
3,200.00 $
390.00
4,700.00
585.00
69.00
147.00 S
7.00
545.00
2,550.00
S 170.00
1300.00
64.00
64.00 S
11 6.00
5,000.00
5148.00
$ 5148.00
S
8,400.00 $
390.00
28 20000
41 5.00 S
35
3,312.00
560.00
750.00
160.00
910.00
140.00
180.00
810.00
105 546.00
16J56,00
149 330.00
2,550.00
5,440.00
1,300.00
59 072.00
177 664.00
33 294.00
5,000.00
5 148.00
5148.00
831 975.00
2,750.00 $
275.00 S
5,750.00
475.00
100.00
90.00
100.0055000.18'
180.00
215.00
230.00
250.00
125.00
145.00 S
3.25
625.00
6,200.00
105.00
75000
S 30.00
27.50 S
2.00 1
fi 500.00
12 750.00
S 8,750.00 $
$
5,500.00
275.00
34 50000
33 725.00
4,800.00
32 400.00
14400.00
15050.00
13 800.00
15000.00
79 625.00
104 110.00
7,501.00
171,250-00
6,200.00
3 360.00
75000
27 690.00
76 340.00
11 098.00
6.5W.00
12 750.00
8,750.00
740,374.00
Holo - halidzsd values within deck bold bozos had minor mat mors sndlar discrepandas and have been conecaE as sham.
d0
W
I
30"
& 18" Gravity Line - Kostoryz Road to Waterloo Drive - #7197
Tabulation of BMs I Department of Engineering - City of Corpus Christi, TX
Tabulated By: Steve Synovit7, P.E. Goldslon Engineering Data: 17/102003
Time of Completion: 308 Calendar Dan En Inesfs Opinion of Cost $2.300.000.00
7. Jaleo Inc.
P.O Box 72368
Houston. TX
77227-736878489
9. W.T. Young
P.O. 7179
Corpus Christi, TX
9. King Islas
1641 Goldston
Corpus Christi, TX
78409
Item
Desert Ion 0
Unit
Unit Price
Amount
Unit Price
Amount
Unit Price
Amount
Base Bid
C-1
16" AW WA C-905 OR 18 PVC Force Mein 2'4 Dee 1 55
LF
235.00
S 2 925.00
S 164.00
9 020.00
S 100.00
S 5.500.00
C-2
16" AYJWA C-905 DR 18 PVC Force Mein 4'6' Dee 15
LF
S 235.00
3,525.00
130.00 4
1 950.00
150.00
2,250.00
C -3
18"x16" Ductile hon Ahm 1
EA
3,195.00
3,195.00
4,450.00
4,450.00
7,100.00
7,100.00
C4
16"x16" Ductile Inco Wye 1
EA
2,165.00
2,195.00
3,276.00
3,276.00
6.250.0D
6,250.00
C-5
16" Ductile Imn 45 Decree Bend 5
EA
945.00
S 4.725.00
1.600.00 S
8 000.00
S 2100.00
10 500.00
C-6
Resilient Wedge Gate Veale 2
EA
2,745.00
5490.00
6,000.00
12 000.00
4,900.00
9,800.00
C-7
Remove and Replace Existina Asphaft Pavement 51
SY
25.00
S 1.275.00
64.00 S
3.264.00
30.00
S 1.530.00
C -e
Pavement Repair at Base Failures 86
SY
16.00
S 1.376.00
3 70.00 S
6.020.00
27.50
S 2 36.5.00
C-9
Seat Coal Onchdea Raising MH Lids 6 Valve Boxes 194
SY
16.00
3,104.00
6.00
1,164.00
2.00
5 388.00
Subtotal -C"Items:
37800.00
49144.00
45683.00
D-1
Traffic Controls Dudna Construction 1
LS
20 000.00
20 000.00
26 ,300.00
28 300.00
75,0Q0.00
75 000.00
D-2
SWPPP DO 4980
LF
3.00
14940.00
3.50
17430.00
1.90
9462.00
D-3
SWPPP ID 4675
LF
S 3.00
14025.00
3.00
14025.00
1.90
8882.50
D4
SWPPPFF 230
LF
2.00
460.00
4.00
920.00
3.50
805.00
D-5
Erosion Control By Seedim 5.7
AC
S 1.100.00
S 6.270.00
5 5.660.00 S
32 262.00
S 3,500.00
19 950.00
D-6
Allowance for U micipated Adjustments 1
LS
75000.00
S 75000.00
S 75.000.00S
75.000.00
S 75000.00
S 75000.00
Subtotal -D" Items:
130, 695.00
165 937.00
188 099.50
TOTAL BASE BID ITEMS:
82287011.00
52359747.00
82,379,05325
Note-" Glues within dant bold boxes had minor math anon and/or discrepandae and have been oonected as shown:•
\ Mprojecf \ counc#exhibits \ exh 719 7. dwg
~., W. POINT
PROJECT LOCATIONI
...... ~~
0~o
N
SITE MAP
PROJECT No. 7197 NOT TO SCALE EXHIBIT "D"
i. ~)" AND 18" GRAVITY SEWER LINES FROM
I KOSTORYZ RD TO WATERLOO DR
CITY OF CORPUS CHR STI, TEXAS 1 O0
CITY COUNCIL EXHIBIT
DEPAR~£NT OF ~GINEERING S~C~
PAGE: 1 of 1
DA~: 12/09/2003
21
AGENDA MEMORANDUM
DATE: December 16, 2003
SUBJECT: Gabe Lozano Senior Golf Center and Oso Beach Golf Course Irrigation
Improvements (Project #3266)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to award a construction contract to
Chambers Golf Construction of Purcell, Oklahoma in the amount of $447,299.97 for the
Gabe Lozano Senior Golf Center and Oso Beach Golf Course Irrigation Improvements
Project.
ISSUE: This project will provide for necessary irrigation improvements at both City golf
courses.
FUNDING: Funds for this project are available in the Golf Department's FY 2003 -2004
Operational Budget.
Acting Director of Park &
Recreation
RECOMMENDATION: Staff recommends approval of the motion as presented so a
construction contract may be issued and necessary structural improvements may begin.
~(~g(~l R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit"C" Bid Tab Summary
Exhibit "D" Location Map
-203-
BACKGROUNDINFORMATION
SUBJECT:
Gabe Lozano senior Golf Center and Oso Beach Golf Course Irrigation
Improvements (Project #3266)
PRIOR COUNCIL ACTION:
1. July 22, 2003- Approval of the FY 2003- 2004 Operating Budget. (Ordinance No.
025394)
2. November 11,2003 - Ordinance appropriating $733,900 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.
025394 which adopted the FY 2003-2004 Operating Budget by increasing
appropriations by $733,900; and declaring an emergency.
PRIOR ADMINISTRATIVE ACTION:
1. October 9, 2003 - Administrative approval of a Consultant Contract with Urban
Engineering in the amount of $24,995 for the Gabe Lozano Senior Golf Center and
Oso Beach Golf Course Irrigation Improvements project.
FUTURE COUNCIL ACTION: Nothing Anticipated.
BACKGROUND INFORMATION: NGF Consulting determined that although the market
could possibly sustain a third municipal golf course that it would be at the expense of the
existing two courses. NGF Consulting recommended against building a third golf course
and instead, focused on determining capital improvements needed to enhance the existing
municipal courses. The consultant prepared a prioritized and full-cost capital improvement
list for each of the existing municipal courses.
Based on the developed list of capital improvements for the two courses, Council was
presented with a plan of action to use the current surcharge balance to begin the
improvements. The amount of surcharge balance that was appropriated on November 11,
2003 was $195,900 for the Oso Beach Golf Course and $538,000 for the Gabe Lozano
Senior Golf course. This project is utilizing a portion of those surcharge proceeds for
necessary irrigation improvements at both courses.
PROJECT DESCRIPTION: The majority of this work will be done at the Gabe Lozano
Senior Golf Course. The Oso Beach Golf Course will receive a new pump station valued
at $65,500. This project consists of installation of automatic control irrigation systems,
including, but not necessarily limited to:
· wet-pit vertical turbine pumps;
· PVC pressure piping;
· butterfly valves,
· controllers,
EXHIBIT "A"
Page I
H:/HOME\LYN[~AS/GEN/Golf Courses/3266 - Irrigation/BACKGROUND INFORMATION.doc
-204-
· wiring and miscellaneous items of work required to complete the project in
accordance with the Plans, Specifications and Contract Documents.
BID INFORMATION: The City received bids on December 3, 2003 with four (4) bidders
submitting proposals. The project consisted of a Base Bid and one additive alternate. The
total bid price ranged from $447,299.97 to $623,457.91. The estimated cost of
construction was $469,000. One bid, from Mid American Golf and Landscaping, was
deemed non-responsive by the City's legal department because it failed to identify the
project on the bid bond as required in City specifications. This did not affect the priority bid
order though.
The City's consultant, Urban Engineering, and City staff recommend that based on Iow bid
and satisfactory references, that a construction contract be awarded to Chambers Golf
Construction from Purcell, Oklahoma in the amount of $447,299.97 for the Gabe Lozano
Senior Golf Center and Oso Beach Golf Course Irrigation Improvements Project.
CONTRACT TERMS: The contract call for 90 days completion with the project anticipated
to be complete April 2004.
FUNDING: Funds for this project are available in the FY 2003-2004 Golf Department
Operational Budget.
H:/HOME\LYNDA$\GEN/Golf Courses\3266 - Irngation\BACKGROU ND INFORMATION.doc
-205-
EXHIBIT "A"
Page 2
GABE LOZANO SR. GOLF CENTER & OSO BEACH GOLF COURSE
IRRIGATION IMPROVEMENTS
PROJECT BUDGET
December 16, 2003
FUNDS AVAILABLE:
IFiscal Year 2003 - 2004 Golf Center Operational Fund
FUNDS REQUIRED:
ESTIMATED
BUDGET
541,523.97
Construction Cost (Chambers Golf Construction) $ 447,299.97
Construction Contingencies 44,729.00
Consultant Contract (Urban Engineering) 24,995.00
Inspection 12,500.00
Engineering Reimbursements 7,500.00
Administrative Reimbursements 3,500.00
Incidental Expenses (Printing, Advertising, etc.) 1,000.00
Total ..................................................................................................... $ 541,523.97
EXHIBIT "B" I
Page I of I
-206-
TABULATION OF BIDS
Page 1 of 1
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: Urban Engineering
Date: Wednesday, December 3, 2003 Time of Completion: 90 Calendar Days ENGINEER'S ESTIMATE: $498,980.00
GABE LOZANO SR. GOLF CENTER AND
OSO BEACH GOLF COURSE
IRRIGATION IMPROVEMENTS
Ci Pro'ect No. 3266
Chambers Golf Constr.
P. O. Box 509
Purcell, OK 73080
Mid-America Golf
and Landscape, Inc.
1621 SE Summit Ave.
Lee's Summit, MO 64081
Maldonado Nursery
and Landscaping
16348 Nacogdoches
San Antonio, TX 78247
Yousse Irrigation, Inc.
6807 Theall Rd., Ste. D
Houston, TX 77268
DESCRIPTION
CITY.
UNI
UNIT
PRICE
AMOUNT
UNIT
PRICE
AMOUNT
UNIT
PRICE
AMOUNT
UNIT
PRICE
AMOUNT
BASE
BID
1.
2.
3.
4.
5.
6.
7.
Remove and Cap Exist. Sprinkler Heads
Sprinkler Head
Air Release Valve
Pedestal mounted Controller
Central Controller
Gabe Lozano Pump Station
Oso Beach Pump Station
1142
567
5
9
1
1
1
EA
EA
EA
EA
LS
LS
LS
90.00
225.00
450.00
5,433.33
17,000.00
63,495.00
65,500.00
$102,780.00
$127,575.00
$2,250.00
$48,899.97
$17,000.00
$63,495.00
$65,500.00
15.00
426.40
300.00
4,000.00
18,000.00
51,800.00
58,500.00
$17,130.00
$241,768.80
$1,500.00
$36,000.00
$18,000.00
$51,800.00
$58,500.00
19.26
268.07
560.00
13,126.22
26,900.00
106,700.00
117,000.00
$21,994.92
$151,995.69
$2,800.00
$118,135.98
$26,900.00
$106,700.00
$117,000.00
80.43
380.05
522.50
7,315.00
31,350.00
92,313.00
97,883.00
$91,851.06
$215,488.35
$2,612.50
$65,835.00
$31,350.00
$92,313.00
$97,883.00
TOTAL BASE BID
$427,499.97
$424,698.80
$545,526.59
$597,332.91
ADDITIVE
ALTERNATE NO. 1
1.
Pump Filter for Gabe Lozano
i
LS
19,800.00
$19,800.00
23,000.00
$23,000.00
27,825.00
$27,825.00
26,125.00
$26,125.00
TOTAL BASE BID PLUS
ADDITIVE ALTERNATE NO. 1 BID
'
$447,299.97
"
$447,698.80
$573,351.59
$623,457.91
' Indicates error on bid proposal. Value shown
is correct.
" Indicates error on bid proposal. Value shown
is
correct.
Also bid
was disallowed due
to incorrect
Bid Bond.
w m
\Mprojecl:\councilexhlb~ts\exh3266. dwg
N
NUECES ~AY
CORPUS CHRISTI BAY
GABE LOZANO SENIOR
GOLF CENTER
LAGUNA
MADRE
OSO BEACH
GOLF CENTER
GULF OF
MEXICO
LOCATION MAP
NOT TO SC. ALE
PROJECT No. 3266
GABE LOZANO SENIOR GOLF CENTER AND
OSO BEACH GOLF COURSE
CITY OF CORPUS CHRISTI, TEXAS
EXHIBIT "D"
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERINC SERYTCES
PAGE: I of 1
DATE: 12/09/2003
-208-
22
AGENDA MEMORANDUM
DATE: December 16, 2003
SUBJECT: ON Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter
Drain, Yard Piping, Filter to Waste) Project.
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Change Order No. 2 with
Laughlin-Thyssen, Inc. in the amount of $46,928 for the O.N. Stevens Water Treatment
Plant Wash Water System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste) Project.
ISSUE: This change order will provide for additional improvements to existing equipment
which is deteriorating due to age and was not included as part of the original contract.
This will result in improved filter performance using cost-efficient methods.
FUNDING: Funds for this project are available in the Water Department's FY 2002-2003
Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Directdrj~f VV~fer Operations
scobar, P.E., -"
Director of Engineering Services
Additional Support Material:
Exhibit"A" Background Information
Exhibit"B" Change Order Summary
Exhibit "C" Location Map
H:\HOME\LYNDAS\GEI~WATER\O.N. Stevens Water Treatment Plant\8375 - Wash Water System, Phase 2\Change Order
#2~vlernorandum.doc
-211-
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: ON Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter
Drain, Yard Piping, Filter to Waste) (Project #8375)
PRIOR COUNCIL ACTION:
September 9, 1997 - Approval of motion to amend Section 4 of the Master Water
Plan (Motion 97-246).
September 9, 1997 - Approval of amendment of the City of Corpus Christi
Comprehensive Plan by amending the Master Water Plan, Ordinance No. 023050;
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 I - 22 Rehabilitation. (Motion No. 990422)
May 9, 2000 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to an engineering services contract with Smith Russo & Memer 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)
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 )
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 I Filter Media Replacement Project.
December 10, 2002 - Motion authorizing the City Manager, or his designee, to
execute a construction contract with Laughlin-Thyssen, Inc. for a total fee not to
exceed $8,920,125 for the ON Stevens Water Treatment Plant Wash Water
System, Phase 2 (Filter Drain, Yard Piping, Filter to Waste) Project.
R:~HOME~LYNDAS/GEN\WATERIO N STEVENS WATER TREATMENT PLAN~8375 - WASH WATER SYSTEM. PHASE 2~CHANGE ORDER ~\BACKGROUND,DOC
EXHIBIT "A"
Page 1 of 3
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PRIOR ADMINISTRATIVE ACTION:
1. September 22, 2000 - Administrative approval of Amendment No. 2 to an
engineering services contract with Smith Russo & Mercer in the amount of $14,000
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 for hydraulic profiles.
2. November 7, 2001 - Administrative 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 contract 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 project.
4. Auqust 19, 2002 - Administrative approval of Amendment No. 6 to an engineering
services contract with LNV, 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 for the 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: This original project was approved by Council as part of
the FY 2000-2001 Capital Improvement Budget. Smith, Russo & Mercer Consulting
Engineers was hired to provide operation improvements at the O. N. Stevens Water
Treatment Plant and four (4) construction contracts were developed to complete this
requirement. The approved projects are as follows:
Wash Water System Phase 1 - Filter Media Replacement of Filers 1-22:
(Project Complete March 15, 2002)
Wash Water System Phase 2 - Filter Drain, Yard Piping, Wash Water Filter
to Waste:
(Under construction, anticipated completion date October 2004)
Wash Water System Phase 3 - Elevated Tank; and
(Under construction, anticipated completion date May 2004)
Additional Pump for High Service Pump Building No. 2 Pump
Modifications -
(Near completion, anticipated completion date January 2004)
H :\HO ME'.LY N DASIG EN/WATE R/O.N STEVENS WATER TREATMENT PLANT,8375 - WASH WATER SYSTEM, PHASE 21CHANGE ORDER #21BACKGROUND.DOC
EXHIBIT
Page 2 of
-213-
Filter backwashing procedures at the O.N. Stevens Water Treatment Plant are critical to
maintaining optimum performance bythe filter. An original wash water tank, constructed in
1954 currently provides service to the plant's original twelve filters, as well as ten additional
filters constructed in1982. Improvements to the Wash Water System under Phase 2 of this
project includes the addition of a new Wash Water Pump Station, enhancements to the
instrumentation and controls, filter to waste drain, and yard piping which will result in
improved filter performance and compliance to new TNRCC regulations.
PROJECT DESCRIPTION: This change order proposes to refurbish the existing back
wash butterfly valves for Filters 1 through 12 during the proposed Filter-To-Waste piping
construction. The existing valves that will be refurbished are over 10 years old, and the
piping configuration they are in makes them nearly inaccessible. Therefore, during the
current construction when the piping around the valves will be dismantled, the existing
valves will be sequentially removed and shipped to be refurbished and installed at a later
date under this contract. The Contractor has proposed to refurbish the existing back wash
butterfly valves for Filters 1 - 12 for $42,228 and revise the SCADA documentation for the
new locations for $4,700 for a total change order price of $46,928
FUNDING: Funds for this project are available from the FY 2002 - 2003 Water Capital
Improvement Budget.
H:\HOME\LYN DAS/GEN/WATER\O N Stevens Water Treatment Plant,B375 - Wash Waler System, Phase 2\Change Order #2\Background doc
I EXHIBIT "A"
Page 3 of 3
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DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
December 16, 2003
PROJECT: O.N. Stevens Water Treatment Plant Wash Water System, Phase 2 (Filter
Drain, Yard Piping, Filter to Water) Project
APPROVED: City Council on 12/10/02- Motion No. M2002-408
CONTRACTOR:
Laughlin-Thyssen, Inc
1320 Boyles Street
Houston, Texas 77020
TOTAL CONTRACT AMOUNT ......................
25% Limit Amount ..........................................
Change Order No. 1 (08/01/03) .....................
Change Order No. 2 (12/16/03) ...................
Total ..........................................................
$8,920,125.00
2,230,031.25
200.00
46,928.00
47,128.00 = 3.00< 25%
EXHIBIT "B
Page 1 of 1
-215-
\ Mproject \ councilexhibi ts \ exhS..Z 75. dwg
~ RIVER
\
624
PROJECT # 8375
O.N. STEVENS WATER
TREATMENT PLANT
13101 UP RIVER ROAD
AGNES
C.C,L NRPORT
LOCATT. ON MAP
NOT TO SCALE
UP RIVER ROAD
PLAN VIEW
O.N. STEVENS WATER TREATMENT PLANT
NOT TO SCALE
N
NUECES BAY
CORPUS
CHRISTI
BAY
PROJECT SITE
FZLTERS 1-12
O.N. Stevens Water Treatment Plant
Wash Water System Phase 2
(Fllter Drain, Yard Plplng, Fllter
to Waste) Phase 2 Change Order fi 2
CT_TY COUNCT_L EXHIB~TT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: T2/10/2005
23
AGENDA MEMORANDUM
DATE: December 16, 2003
SUBJECT: 24-Inch Gravity Sewer Line along Antelope Street between Palm Street and
Doss Street (Project No. 7288)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute
Amendment No. 13 with MEI Govind for a total fee not to exceed $62,338 for the 24-Inch
Gravity Sewer Line along Antelope Street between Palm Street and Doss Street.
ISSUE: A new 24-inch gravity sewer line along Antelope Street is necessary to
accommodate projected flows in the area of Saxet Heights and Oak Park areas. The
proposed NE Amendment No. 13 includes the preliminary phase, design phase, bid
phase, and construction phase for the required improvements. This item requires City
Council approval.
FUNDING: Funding is available from the FY 2002~2003 Wastewater Capital Improvement
Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Foster Crowell,
Director of Wastewater Department
/~gel~R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit"B" Location Map
H:IUSERS2\HOME~VELMARIGEN~WASTEWAT~7110~AMENDMENT 13~GENDA MEMO
-219-
BACKGROUND INFORMATION
SUBJECT: 36-Inch Gravity Sewer Line and Lift Station (Project No. 7288)
Broadway Wastewater Treatment Plant Diversion Project
PRIOR COUNCIL ACTION:
1. August 18, 1998 - Motion authorizing the City Manager, or his designee, to execute
an Engineering Services Contract with Govind & Associates, Inc. in the amount of
$329,853 for engineering services associated with the Airport Ditch Outfall
Improvements and Broadway Plant Lift Station and Diversion to Greenwood
Plant/Nueces River Delta (Motion No. M1998-285).
2. May 5, 2001 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 3 to an engineering services contract with Govind & Associates,
Inc. in the amount of $43,010 for engineering services associated with the Airport
Ditch Out-fall Improvements and Broadway Plant Lift Station and Diversion to
Greenwood Plant/Nueces River Delta (Motion No. M2001-189).
3. October 30, 2001 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 5 to an engineering 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 PlantJNueces River Delta (Motion No. 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 Ouffall Improvements and Broadway Plant Lift Station and Diversion to
Greenwood Plant/Nueces River Delta (Motion No. M2002-099).
5. July 8, 2003 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 11 to an engineering services contract with Govind & Associates,
Inc. in the amount of $639,621 for engineering services associated with the Airport
Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to
Greenwood Plant/Nueces River Delta (Motion No. M2003-239).
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.
H~USERS2~HOME~ELMAR~GENIWASTEWAT~AMENDMENT13~GENDABACKGROUND
-220-
EXHIBIT "A" I
Paqe 1 of 4
PRIOR ADMINISTRATIVE ACTION: (continued)
3. 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.
4. 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, for the Broadway Wastewater Treatment Plant
Diversion Project.
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.
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.
February 6, 2003 - Administrative 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.
Auqust 29, 2003 - Administrative Amendment No. 12 to an engineering services
contract with MEI Govind for a total fee not to exceed $0 for a total restated fee not
to exceed $1,257,141, for the Broadway Wastewater Treatment Plant Diversion
project.
FUTURE COUNCIL ACTION: Approval of a construction contract to complete the subject
project.
PROJECT BACKGROUND: The 1997 Council-approved Facilities Implementation Plan
recommended diversion of the waste stream from Broadway Wastewater Treatment Plant
to the Greenwood Wastewater Treatment Plant. Subsequent analyses have indicated a
cost far exceeding the 1997 Study estimates.
At the May 15, 2001 Council meeting, staff presented an update of the 1997 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 odginal
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 Wastewater
Treatment Plant Diversion Status Update No. 3. This presentation included a
detailed review of Options 1,3 & 4 including cost comparisons, site evaluations and
H:\USER$2~HOME~VELMAR/GENIWASTEWAT~,MENDMENT 13~GENDA BACKGROUND
EXHIBIT "A" I
Page 2 of 4
-221-
life-cycle analysis of the three different options. Council instructed staff to proceed
with Option No. 3, a new wastewater treatment plant in the industrial area and
· Amend NE Contract with Govind Engineering for further work.
· Begin assembling team to help with negotiations between City, Citgo and
Port of Corpus Christi.
· Address issues specific to land purchase.
The first phase of the project dealt with interim improvements to the existing Broadway
Wastewater Treatment Plant to maintain acceptable levels necessary to comply with TCEQ
regulations. This phase of the project ensured compliance with TCEQ 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.
The second phase of the Broadway Wastewater Treatment Plant Diversion Project
consists of a new 36-inch / 48-inch gravity line and construction of a new lift station. The
36-inch gravity line will be constructed commencing on the south side of IH 37, from
Leopard Street to West Broadway Blvd. A 48-inch diameter line will begin at the terminus
of the $6-inch line which is the location of the new lift station and continue to the Broadway
Wastewater Treatment Plant Head Works. The new 36-inch line 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. This proposed 36-inch/48-inch
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 wil~ be coordinated with TxDOT to avoid
future potential conflicts with the new Harbor Bridge alignment.
The new lift station will be constructed on a recently acquired property next to the existing
Broadway Wastewater Treatment Plant. It 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-inch 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-inch 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.
H:\USERS2~HOME~VELMAR\GEN/WASTEWAT~AMENDMENT 13~GENDA BACKGROUND
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EXHIBIT "A"
Page 3 of 4
A force main will be constructed from this lift station to the grit chambers of the existing
Broadway Wastewater Treatment Plant to serve until the construction of the new
Wastewater Treatment Plant. This project will also address overflow problems near
Brownlee and Mexico Street. A new 15-inch gravity line, approximately 500 feet in length,
will be installed under IH 37. This line will replace an existing 12-inch cast iron pipe which
has deteriorated and often clogs up and causes overflows near the IH 37 and Crosstown
Expressway Intersection.
PROJECT DESCRIPTION: The scope of work includes design of a new 24-inch diameter,
3,200 feet long gravity line, re-tying of existing 8-inch diameter sewer service lines,
realignment of an old 8-inch asbestos cement water line along Antelope Street and
preparation of engineering drawings and specifications. All abandoned utility lines will be
filled with flowable fill material and manholes will be backfilled with controlled Iow strength
concrete admixture per TXDOT requirements or follow TXDOT permit conditions. A
section of the new sewer line, about 600-feet will be installed under the parking lot
belonging to Frost Bank. MEI Govind Engineering will survey the property and prepare
exhibits to be used for easement acquisition by the City of Corpus Christi.
H;\USERS2~HOMEIVELMAR/GEN\WASTEWAT'~AMENGMENT 13',AGENDA BACKGROUND
-223-
EXHIBIT "A" I
Page 4 of 4
LOCATION MAP
NOT TO SC.4LE
LEOPARDST
/ /
PROPOSED PROJECT - 24" SEWER LINE - PALM ST, TO DOSS ST.
PROJECT No. 7288
EXH.TBT_T "B"
24
INCH GRAVITY SEWER LINE
ALONG ANTELOPE STREET
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
OEPARTMENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: 11-19-05
24
AGENDA MEMORANDUM
DATE: December 16, 2003
SUBJECT: Miscellaneous Sewer Line Cleaning (Project No. 7225)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 with
Chief Environmental Surveys in the amount of $102,346.43 for Miscellaneous Sewer Line
Cleaning.
ISSUE: This change order was requested by the Wastewater Department to prevent
exfiltration of sewage and infiltration of groundwater within the 21" and 24" sanitary sewer
trunk main that extends from the intersection of Booty and 7th Streets to the intersection of
West Broadway and Waco Street.
FUNDING: Funds for this project are available in the FY 2002-2003 Wastewater Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Foster Crowell ( I J/~gel ~,. Escobar, P.E., '
Director of Wastewater Department Director of Engineering Services
Additional Support Material:
Exhibit"A" Background Information
Exhibit"B" Change Order Summary
Exhibit "C" Location Map
H:\U S E RS2/HOM E~VELMAR\G E NIW ASTE~WAT~7225~,G E N DA MEMO
-227-
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Miscellaneous Sewer Line Cleaning (Project #7225)
PRIOR COUNCIL ACTION:
1. January 20, 1998 - Motion authorizing the City Manager, or his designee, to
execute a Contract For Professional Services in the amount of $743,783 with Urban
Engineering for the Infiltration and Inflow Collection System Rehabilitation Project at
the following sites (Motion No. M98-007):
· Carolyn Heights and Sunnybrook/Mansheim Wastewater Collection System
Rehabilitation
· Allison, Broadway, Greenwood, Oso Basins 15-Inch Diameter and Larger
Sewer Lines Cleaning
· Broadway Basin Sanitary Sewer Overflow, Infiltration/Inflow Assessment and
Rehabilitation
· Allison, Greenwood, Oso Basins Sanitary Sewer Overflow Abatement
Investigation
2. October 12, 1999 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. 2 to the Contract For Professional Services in the amount
of $205,260, for a total to-stated fee of $960,400.40, with Urban Engineering for the
Infiltration and Inflow Collection System Rehabilitation Project at the following sites
(Motion No. M99-357):
· Broadway Basin Sanitary Sewer Overflow, Infiltration/InflowAssessment and
Rehabilitation
3. July 17, 2001 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 3 to the Contract For Professional Services in the amount of
$238,400, for a total to-stated fee of $1,198,800.40, with Urban Engineering for the
Infiltration and Inflow Collection System Rehabilitation Project at the following sites
(Motion No. M2001-263):
· Broadway Basin Sanitary Sewer Overflow, Infiltration/InflowAssessment and
Rehabilitation
· Review Cleaning Video Tapes of Allison, Broadway, Greenwood, Oso Basins
15-Inch Diameter and Larger Sewer Lines Cleaning
· Miscellaneous Sewer Line Cleaning
4. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement
Budget for $299,913,200 (Ordinance No. 025144).
5. April 22, 2003 ~ Motion authorizing the City Manager, or his designee, to award a
construction contract in the amount of $574,823 with Chief Environmental Surveys
for Miscellaneous Sewer Line Cleaning.
H:/USERS2\HOMEIVELMAR~GEN/WASTEWAT~7225~AGENDA BACKGROUND
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EXHIBIT "A" 1
Page 1 of 3
PRIOR ADMINISTRATIVE ACTION:
1. September 10, 1999 - Executed Amendment No. 1 to the Contract For Professional
Services in the amount of $11,357.40, for a total re-stated fee of $755,140.40, with
Urban Engineering for the Infiltration and Inflow Collection System Rehabilitation
Project at the following sites:
· Allison, Greenwood, Oso Basins Sanitary Sewer Overflow Abatement
Investigation
2. January 9, 2002 - Executed Amendment No. 4 to the Contract For Professional
Services in the amount of $14,900, for a total re-stated fee of $1,213,700.40, with
Urban Engineering for the infiltration and Inflow Collection System Rehabilitation
Project at the following sites:
· Miscellaneous Sewer Line Cleaning
BACKGROUND INFORMATION:
Deterioration of the City's Wastewater collection system allows infiltration and inflow of
water and dirt. This results in reduced line capacity and manhole overflows potentially
leading to noncompliance with state or federal environmental regulations. This original
contract provided for inspecting and cleaning out approximately 15 miles of suspect
collection system mains as a preventative measure to be followed by design and
rehabilitation of confirmed problem areas.
Currently, Chief Environmental has completed the line cleaning and televising of various
sanitary sewer lines across the City required by their contract. The Wastewater
Department has requested that the scope of their services be expanded to include cleaning
and televising the 21" and 24" sanitary sewer trunk main that extends from the intersection
of Booty and 7th Streets to the intersection of W. Broadway and Waco Streets. This is a
major trunk main that extends approximately 12,440 feet to the Broadway Sewage
Treatment Plant. It is necessary to determine the condition of the trunk main and what
repairs are necessary to prevent exfiltration of sewage and infiltration of groundwater.
Performance of the work will also identify any major breaks in the line that could cause
future sinkholes and costly emergency repairs. Urban Engineering and Wastewater have
reviewed the proposal and are in agreement with the scope of services and price of
$110,210.
The line cleaning and televising performed by Chief Environmental has determined a
significant number of repairs are necessary to restore the integrity of the sanitary sewer
lines examined. The project engineer, Urban Engineering, has developed a list of priority
repairs that can be performed by traditional open-cut methods at 19 separate locations
throughout the City at a total cost of $210,736.43. Completion of these repairs will prevent
discharge of sewage into the surrounding soils, infiltration of groundwater into the sewage
treatment system, and future sinkholes caused by collapse of soils above the pipe.
After the project started, it was determined that the cleaning and televising for two locations
in the vicinity of Del Mar Boulevard and Kingsbury Drive had previously been performed
under a separate contract and could be deleted from the scope of work. The total deduct
H:IUSERS21HOME\VELMAR\GEN\WASTEWAT~7225~,GENUA BACKGROUND
-229-
for deletion of unneeded cleaning and televising is $48,600. In addition, the contract
provided for the possible replacement of manholes, but no manholes were determined to
require replacement allowing a deduct of $145,000. The contract also provided for a
$25,000 point repair allowance that will be utilized to offset the total point repair costs. A
total deductive amount of $218,600 will be applied to this change order to offset the
additional work for a net change order amount of $102,346.43.
PROJECT DESCRIPTION: The project consists cleaning and televising approximately
12,440 linear feet of existing 21" and 24" sanitary sewer lines extending from the
intersection of Booty and 7th Street to the intersection of W. Broadway and Waco Streets.
Point repairs will be performed as required on the proposal.
FUNDING: Funds for this project are available in the FY 2002-2003 Wastewater Capital
Improvement Budget.
H:\USERS2\HOMEIVELMARIGEN/WASTEWAT~7225~GENDA BACKGROUND
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EXHIBIT "A"
Page 3 of 3
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
December 16, 2003
PROJECT: Miscellaneous Sewer Line Cleaning
APPROVED: City Council on 4/22/03 - Motion No. M2003-153
CONTRACTOR:
Chief Environmental Services
1535 N. Post Oak
Houston, Texas 77055
TOTAL CONTRACT AMOUNT ......................
25% Limit Amount ..........................................
Change Order No. 1 (12/16/03) .....................
Total ..........................................................
$574,823.00
143,705.75
102,346.43
102,346.43 = 18%< 25%
EXHIBIT"B
Page 1 of 1
-231-
File : \Mpro/lect\councilexhibits\exh7225.dwg
N
IAREAS 3 &
San Potrlcio County
NU£CES BAY
5,6 &I
CORPUS CHRIS~ BAY
LOCATION MAP
NOT TO SCALE
CITY PROJECT No. 7225
EXHIBIT "C"
MISCELLANEOUS SEWER LINE CLEANING
CITY OF CORPUS CHRISTI, TEXAS
n n
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 12-10-2003
25
CITY COUNCIL
AGENDA MEMORANDUM
DATE: December 9, 2003
AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a Use
Privilege Agreement with Minvesco, L.P., for the right to construct and maintain a 2-inch PVC force
main that will extend approximately 394-linear feet along the Crowsnest Avenue street right-of-way
(ROW); establishing a fee of $544.00; and declaring an emergency.
ISSUE: Minvesco, L.P., has submitted a request to construct and install a 2-inch PVC force main
along the Crowsnest Avenue street right-of-way to provide sanitary sewer service to their proposed
business that's located on Padre Island Drive (Park Road 22).
REQUIRED COUNCIL ACTION: City Charter requires City Council approval for use of any portion
of public right-of-way for private purposes.
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
se, Assistant City Manager
Acting Director of Development Services
Attachments:
Exhibit A - Background
Exhibit B - Ordinance
Exhibit C - Site Location Map
-235-
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Dwayne Miller, representing Minvesco, L.P. owners of Lots 10A, 1 lA, 12A, & 1 lB,
Block 21, Padre Island No.1, has requested a Use Privilege Agreement (UPA) from the
City to construct a 2-inch force main, along the east side of an undeveloped portion of
the Crowsnest Avenue street right-of-way (ROW), extending approximately 394-feet in
length and approximately 10-feet off the east side of the property line.
Minvesco, L.P., is constructing the force main to allow them to attach to the city public
sanitary sewer system and provide sanitary sewer service to their property. There is a
sanitary sewer manhole approximately 394-feet east of Lot 11 B, that's located adjacent
to Lot 3B, Block 21, Padre island No. 1. Minvesco, L.P., will own the force main and all
improvements, and will be solely responsible for all maintenance and removal of the
force main at owner's expense. An Engineering Permit will be required for any future
maintenance and removal of the force main constructed by Minvesco, L.P., within the
city street right-of-way.
All City and private franchised utilities were contacted regarding this UPA. None of the
City utility departments and private franchised utilities had any objections. Minvesco,
L.P., is responsible for any damages to the utilities as necessary and is also required to
meet the specified conditions as set forth in the UPA. Owner has been advised and
concurs with all the conditions of the Use Privilege Agreement.
A one-time fee of $544.00 is being recommended for the UPA.
EXHIBIT A
-236-
{ PARK R~OAD 2~ )
:.,,,I'; "' :*
I
,. : · , .'~. ? ~.'
CROWSNEST AVENUE (UNDEVELOPED) ~ CiTY ~...
I ~ ' I, ~/~'"' ~10' ;I
~THE CROWSNES T A VENUE STREET R.O.W. J ~~~. ~
F
USE PRIVILEGE AGREEMENT
2" FORCE MAIN WITHIN THE
CROWSNEST-AYENUE R.O.W.
EXHIBIT C
AN ORDINANCE
AUTHORIZING THE cl'rY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A USE PRIVILEGE AGREEMENT WITH MINVESCO, L.P.
FOR THE RIGHT TO CONSTRUCT AND MAINTAIN A 2-INCH PVC
FORCE MAIN THAT WILL EXTEND APPROXIMATELY 394-FEET
ALONG THE CROWSNEST AVENUE STREET RIGHT-OF-WAY;
ESTABLISHING A FEE OF $544.00; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION I. That the City Manager, or his designee, is hereby authorized to execute a
use privilege agreement with Minvesco, L.P. (Owner) for the right to construct, install,
operate, and maintain a two-inch (2) PVC force main that will extend approximately 394-
feet along an undeveloped portion of Crowsnest Avenue street right-of-way.
SECTION 2. That Minvesco, L.P. comply with the terms and conditions of the use
privilege agreement, a copy of which is on file with the City Secretary, and be subject to
the following conditions as part of the use privilege agreement:
1. Owner will pay the fair market value fee of $544.00 for this UPA.
The force main must be buried three (5) feet from the surface and always
maintain that minimum amount of cover.
Owner will be solely responsible for all operation, maintenance and removal of
the authorized improvements. An engineering permit will be required for any
future repairs to the force main within the City right-of-way.
The authorization granted by this ordinance is contingent upon Owner presenting
an adequate certificate of insurance, subject to approval by the City's risk
management division, within sixty days from the date this ordinance is passed.
Owner will be required to submit a set of construction drawings of the proposed
2-inch PVC force main to the City Wastewater Department for their review and
approval.
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 16th day of December, 2003.
H:\LEG-DIRXJoseph\ORD-upa-Minveco.doc
-238-
26
AGENDA MEMORANDUM
December 16, 2003
AGENDA ITEM:
Ordinance appropriating $19,677.26 from Brighton Village Unit 9, Block 1, Lot 1
developer's contribution to Drainage Channel No. 31 in the No. 4730 Infrastructure Fund;
amending Ordinance No. 024130, which appropriated the Trust Funds, by adding
$19,677.26 to the No. 4730 Infrastructure Fund.
Motion approving payment of $19,677.26, developers contribution from Brighton Village
Unit 9, Block 1, Lot 1, from the No. 4730 Infrastructure Fund to Mark Bratton, Trustee, for
disbursement to the appropriated Funding Owners, in accordance with the Offsite
Drainage Development Contract, Master Plan Drainage Channel 31, between the City of
Corpus Chdsti and Trustee; and declaring an emergency.
ISSUE: Improvements to Master Channel No. 31 were funded through a Trust Fund
Agreement between developer Mark Bratton and the City of Corpus Christi. The
agreement requires the City to collect payments from other developers that use the
Channel and reimburse Mr. Bratton (Trustee) for his initial expenditures.
REQUIRED COUNCIL ACTION: Approval of an appropriation ordinance, after Drainage
Channel No. 31 are received by the City, to pay Trustee for further disbursement to the
appropriate Funding Owners, in accordance with Contract and Agreement Between the
City of Corpus Christi and the Trustee.
FUNDING: Funds are available from the No. 4730 Infrastructure Fund.
RECOMMENDATION: Staff recommends approval of the ordinance and motion as
presented.
Margie C. Rose
Assistant City Managedlnterim
Director Development Services
ATTACHMENTS:
Exhibit A
Exhibit B
Background Information
Location Map
-241-
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Evolution of the Master Plan Draina.qe Channel 31 Trust Fund:
In 1985, several landowners (participating owners), including the Corpus Christi School
District (CCISD) began investing the basic infrastructure needs necessary for development
of an area north of Yorktown Boulevard and east of Staples Street. Included in this area
is the Kaffie Middle School site. The water grid mains and wastewater trunk systems for
this area were in the process of being installed as part of King's Crossing development.
The water and wastewater trust funds, established by the City in 1982, which are funded
by the imposition of IotJacreage fees, were being used, as they are today throughout the
City, to pay for water and wastewater improvements which serve a large area. A similar
system for drainage costs, development was hindered, as it is today, in areas without a
drainage outfall in place.
The interested owners (participating owners) implemented a plan for drainage of the area
by providing the initial funding for Drainage Channel No. 31, which included acquisition
of right-of-way, excavation of the channel to Master Plan width, construction of crossing
structures under the existing roadways (Rodd Field and Cimmaron Boulevard), erosion
protection structures and other incidental work. The City utilized its condemnation power
to acquire two parcels of land which could not be acquired by negotiation.
In order to equitably distribute the costs among all properties in the tributary area, the
participating owners established a pro rata fee based upon the area of tract and the
distance runoff from the tract would utilize the drainage channel. The City's role in this
proposal is the collection of the pro rata charges from both Non-Participating Owners and
Participating Owners and disbursing the funds plus interest to the Trustee of the funding
owners (CCISD, Harris & Charles Kaffie, and Mark Bratton).
The governing Contract and Agreement was made and entered into between the Trustee
(Mark Bratton) and the City of Corpus Christi on December 31, 1985. An Amendment to
the Contract was authorized by City Council on February 18, 1997.
IExhibit A .1
Page 1 of 2
-242-
Prior Council Actions Associated with Master Plan Drainage Channel 31
Motion approving Offsite Drainage Development Contract with Mark Bratton, Trustee, providing
for acquisition of dght of way, excavation of Drainage Channel No. 31, construction of related
structures, and establishment of a pro rata acreage plan for area served by Channel 31, and
City collection of the pro rata acreage fee upon platting, building permit issuance, or utility
service, and dispersing this pro rat fee plus interest to Trustee on December 31, 1985 (M85-
0597).
Resolution authorizing City Manager to take the necessary actions to establish Impact Fees for
the Master Plan Drainage Channel 31 improvements, scheduling a public headng to receive
comment on the adoption of Land Use Assumptions, Capital Improvements Plan and Impact
Fees; appointing the Planning Commission as the Capital Improvements Advisory Committee
on November 26, 1996 (Res. fK)22773).
Motion amending Offsite Development Contract authorized December 31, 1985, between Mark
Bratton, Trustee, and the City of Corpus Chdsti to attribute actual costs, pro rata, to each tract
situated within Channel 31 Service Area calculated on an acreage and use basis with respect
to that portion of the cost of the project situated downstream of each padicular tract on February
18, 1997 (M98-046).
Ordinance adopting the Capital Improvements Plan and Impact Fees for Master Plan Drainage
Channel No. 31; amending the platting ordinance to include such fees; and amending Chapters
13 and 55 of the City Code to reference the Platting Ordinance Impact Fee provisions on April
22, 1997 (Ord. ~322913).
Impact Fee Collection Trit:l,qer Points: Impact fees are collected at one of the following throe
tdgger points, whichever occurs first, within all or any portion of a tract situated within Area 31:
1. recordation of a subdivision plat;
2. issuance of a building permit; or
3. connection to the City's utility systems.
Disbursement of Impact Fees to the Trustee: The Offsite Drainage Development Contract
requires the immediate disbursement of impact fees to the Trustee upon receipt. As governed by
City Charter, Article IV, Section 5, such disbursement requires adoption of an ordinance
appropriating the funds by Council. Therofore, it is anticipated that payment to the Trustee will be
occurring no less than 30 days after receipt of funds from the developer.
Termination of Offsite Drainage Development Contract: The term of the Agreement approved
by Council on December 31, 1985 was for the lessor of 20 years or full development of the service
aroa. The 20-year mark will be December 31, 2005.
Exhibit A
Page 2 of 2
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0 200 400 Feet
BRIGHTON VILLAGE, UNIT 9
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL
EXHIBIT" B"
AS-11-11-03
-244-
AN ORDINANCE
APPROPRIATING $19,677.26 FROM LOT 1, BLOCK 1,
BRIGHTON VILLAGE UNIT 9 DEVELOPER'S CONTRIBUTION
TO DRAINAGE CHANNEL NO. 31 IN THE NO. 4730
INFRASTRUCTURE FUND; AMENDING ORDINANCE NO.
024130, WHICH APPROPRIATED THE TRUST FUNDS, BY
ADDING $19,677.26 TO THE NO. 4730 INFRASTRUCTURE
FUND; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $19,677.26 from Lot 1, Block 1, Brighton Village Unit 9
developer's contribution to drainage channel 31 in the No. 4730 Infrastructure
Fund is appropriated and that ordinance No. 024130 is amended by adding
$19,677.26 to the No. 4730 Infrastructure Fund.
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 shall take effect upon first reading as an emergency this the 16th day
of December, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED ~'~-~ /~' ,2003.
By:
Josept'//Harney
Assistant City Attom~
For City Attorney
-245-
27
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 12109103
AGENDA ITEM:
Item A: Motion authorizing the City Manager, or his designee, to accept a renewal grant in the
amount of $4,375.00 and execute a contract with the Corporation for National and Community
Service for the continuation of the Senior Companion Program.
Item B: Appropriating $4,375.00 Grant awarded by the Corporation for National and
Community Service in the No. 1067 Federal/state Grants Fund for the Senior
Companion Program and Declaring an Emergency.
ISSUE: The City of Corpus Christi provides specialized in home services to elderly and/or
disabled persons through the Park and Recreation/Senior Community Services/Senior
Companion Program. Funding for this program is made available through a contract with
the Corporation for National and Community Service and must be renewed annually.
REQUIRED COUNCIL ACTION: Council action is required to accept and appropriate
federal grant funds from the Corporation for National and Community Service for the
continuation of the Senior Companion Program.
PREVIOUS COUNCIL ACTION: Council has granted authorization to execute a contract
with the Corporation for National and Community Service for the Senior Companion
Program for the past fifteen years.
FUNDING: The Corporation for National and Community Service is issuing a grant in the
amount of $4,375 in State Funds to the City of Corpus Christi and will be deposited into the
No. 1067 Federal/State Grants Funds. Matching funds have been approved in the FY' 04
City Budget.
CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept
and appropriate $4,375 in State funds from the Corporation for National and Community
Service and execute a contract for the continuation of the FY '04 Senior Companion
Program.
-249-
Attachments:
BACKGROUNDINFORMATION
The Senior Companion Program (SCP) assists Iow-income volunteers 60 years and over
who are willing to serve as companions to homebound elderly and/or disabled persons in
the community. The Companions assist homebound individuals with daily living tasks,
such as meal preparation, respite care, grocery shopping and light housekeeping. Their
assistance allows homebound clients to remain in their homes, delaying institutionalization.
Companions receive a stipend of $2.65 an hour, a $1.50 meal reimbursement and either
mileage reimbursement or bus tokens. These benefits assist approximately 90
Companions financially and allow them to become more involved in the community.
-250-
ORDINANCE
APPROPRIATING $4,375 GRANT FROM THE CORPORATION
FOR NATIONAL AND COMMUNITY SERVICE IN THE NO. 1067
PARK AND RECREATION GRANTS FUND FOR THE SENIOR
COMPANION PROGRAM; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That a $4,375 grant from the Corporation for National and
Community Service is appropriated in the No. 1067 Park and Recreation Grants
Fund for the Senior Companion Program.
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
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: November 20, 2003
Lisa Aguilar ~
Assistant City Attorney
for City Attorney
-251-
28
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 12109103
AGENDA ITEM:
Item A: Motion authorizing the City Manager, or his designee, to accept a renewal grant in
the amount of $18,115.00 and execute a contract with the Corporation for National and
Community Service for the continuation of the Retired and Senior Volunteer Program; and
declaring an emergency.
Item B: Ordinance appropriating a $18,115 grant from the Corporation for National
and Community Service in the No. 1050 Federal/State Grants Fund for the Retired
and Senior Volunteer Program; and declaring an emergency.
ISSUE: The Retired and Senior Volunteer Program promotes volunteerism in senior
populations aged 55 and over throughout Nueces county. The $18,115 represents the
state portion of the overall budget of $145,393, which includes $54,303 Federal grant funds
and $72,975 in City funds.
REQUIRED COUNCIL ACTION: Council action is required to accept and appropriate State
grant funds from the Corporation for National and Community Service for the continuation
of the Retired and Senior Volunteer Program.
PREVIOUS COUNCIL ACTION: On an annual basis, the Council approves a motion to
grant authorization to accept the grant and execute a contract with the Corporation for
National and Community Service for the Retired and Senior Volunteer Program.
FUNDING: The Corporation for National and Community Service is issuing a grant in the
amount of $18,115 in State Funds to the City of Corpus Christi and will be deposited into
the No. 1067 FederaJ/State Grants Funds. Matching funds have been approved in the
FY04 City Budget.
CONCLUSION AND RECOMMENDATION: Staff recommends Council approve
authorization to accept and appropriate grant funds for the Retired and Senior Volunteer
Program.
~ id Ondria~', Acting Director
D Park and Recreation Department
-255-
Attachments:
BACKGROUNDINFORMATION
The Retired and Senior Volunteer Program (RSVP) enables persons 55 years or older to
effectively use their time, energy and skills in volunteer service to the community. The City
of Corpus Christi RSVP began in 1977 and currently serves over 900 volunteers in Nueces
County. RSVP Volunteers may serve in 97 non-profit private and public organizations. Last
year RSVP volunteers gave 138,887 hours of service to the communities of Nueces
County. Calculated at minimum wage, this is a contribution of more than $715,268 to area
service organizations. RSVP Volunteers are currently serving in the following organizations
within the City: the Central Library, the Corpus Christi Museum, the Corpus Christi Police
Department and at all of the senior centers. RSVP Volunteers contributed 58,844 hours
to Departments within the City of Corpus Christi for an equivalent of $303,046 calculated
at minimum wage.
Grant funds described under this City Council action are to be used in the administration
of the Retired and Senior Volunteer Program.
-256-
ORDINANCE
APPROPRIATING $18,118 GRANT FROM THE CORPORATION
FOR NATIONAL AND COMMUNITY SERVICE IN THE NO. 1067
PARK AND RECREATION GRANTS FUND FOR THE RETIRED
AND SENIOR VOLUNTEER PROGRAM; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That a $18,115 grant from the Corporation for National and
Community Service is appropriated in the No. 1067 Park and Recreation Grants
Fund for the Retired and Senior Volunteer Program.
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 cl'rY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: November 20, 2003
Lisa Aguilar~)
Assistant City Attorney
for City Attorney
-257-
29
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 12/16/03
AGENDA ITEM: A RESOLUTION AUTHORIZING THE CITY MANAGER OR THE CITY
MANAGER'S DESIGNEE TO ENTER INTO AN AGREEMENT WITH THE AMERICAN
BOWLING CONGRESS AND THE CORPUS CHRISTI CONVENTION AND VISITORS
BUREAU TO HOST THE AMERICAN BOWLING CONGRESS TOURNAMENT IN 2006
AND TO PROVIDE THEM WITH $250,000 BY DECEMBER 31, 2004, SUBJECT TO
APPROPRIATIONS.
ISSUE: The City has agreed to host the American Bowling Congress 2006 National
Tournament and Convention. The Corpus Christi Convention and Visitors Bureau has
agreed to provide % of the required $500,000 sponsorship to host this event in the City.
This action will comply with our agreement to sponsor the event.
REQUIRED COUNCIL ACTION: Approval required to authorize execution of agreement.
PREVIOUS COUNCIL ACTION: The City Council expressed a desire to host the
American Bowling Congress 2006 National Tournament and Convention by Resolution No.
24339 on January 15,2001, and made a commitment at that time to provide the facility and
resources, in addition to the $250,000 co-sponsorship amount.
FUNDING: $150,000 has been budgeted year-to-date and an additional $100,000 will be
required to be budgeted in fiscal year 2004/2005.
CONCLUSION AND RECOMMENDATION: Approval of the resolution is recommended
along with the budget requirement in fiscal year 2004/2005.
(O~p~ent Head Sign-~ature)
Attachments:
-261-
BACKGROUNDINFORMATION
The City successfully hosted the American Bowling Congress in 1992. The Convention
and Visitors Bureau was instrumental in attracting the tournament back to the City for the
2006 National Tournament and Convention. This event draws approximately 45,000
bowlers and 45,000 family/guests over a 180-day period, who will be spending
approximately $40,000,000 to $50,000,000 during the annual tournament and convention.
Your approval of the resolution is the final step in securing the national tournament.
-262-
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S
DESIGNEE TO ENTER INTO AN AGREEMENT WITH THE AMERICAN
BOWLING CONGRESS AND THE CORPUS CHRISTI CONVENTION AND
VISITORS BUREAU TO HOST THE AMERICAN BOWLING CONGRESS
TOURNAMENT IN 2006 AND TO PROVIDE THEM WITH $250,000 BY
DECEMBER 31, 2004, SUBJECT TO APPROPRIATIONS.
WHEREAS, the City Council, by Resolution No. 24339, dated January 15, 2001, ex-
pressed its desire to host the 2006 American Bowling Congress National Tournament
and Convention;
WHEREAS, the American Bowling Congress has selected the City of Corpus Christ to
host the 2006 American Bowling Congress National Tournament and Convention;
WHEREAS, the City of Corpus Christi will host approximately 45,000 bowlers and
45,000 family/guests over a 180-day period, who will be spending approximately
$40,000,000 to $50,000,000 during the annual tournament and convention;
WHEREAS, the 2006 American Bowling Congress National Tournament and Conven-
tion will utilize the Convention Center and other City facilities, as well as private
facilities; and,
WHEREAS, the American Bowling Congress, the City of Corpus Christi, and the Cor-
pus Christi Convention and Visitors Bureau desire to enter into an agreement to
effectuate hosting the 2006 National Tournament and Convention, which will include
payment by the City of $250,000 by December 31, 2004, subject to appropriations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Council authorizes the City Manager or the City Manager's
designee to enter into an agreement with the American Bowling Congress to host the
American Bowling Congress 2006 National Tournament and Convention. A copy of the
agreement is attached as Exhibit A.
SECTON 2. The City Council authorizes the payment of $250,000 to the American
Bowling Congress by December 31, 2004, subject to appropriations.
-263-
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
/' /I . ~ / I
for the City A'~orney
,2003
H \LEG-DiR~elizabet h\Depl Files~EH Resolulions\EHres 137 wpd
-264-
Corpus Christi, Texas
day of
,2003
The above resolution was passed by the following vote:
Samuel L Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
-265-
EXHIBIT A
2006 AMERICAN BOWLING CONGRESS!
CORPUS CHRISTI TOURNAMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between the CITY OF CORPUS CHRISTI,
TEXAS, a municipal corporation, hereinafter referred to as "CITY", Corpus Christi Area Convention & Visitors
Bureau, hereinafter referred to as "CVB" and the AMERICAN BOWLING CONGRESS, Inc., a Wisconsin
Corporation, hereinafter referred to as "ABC ".
WITNESSETH:
For and in consideration of the terms, covenants and conditions hereinafter set forth, the parties
hereto agree as follows:
1. CITY hereby grants to ABC permission to use and occupy those portions of The Bayfront Plaza
Convention Center, designated herein, hereafter referred to as "FACILITY", at no charge or cost to
ABC, for the purpose of holding the 2006 ABC Championships Tournament and ABC Convention and
for no other purpose:
AREA
Exhibit Hall and prefunction areas (sufficient for January 2, 2006 (8:00 am) to July 2, 2006
40 lanes) (Include Move-In/Move Out)
Selena Auditorium (Delegates' Meeting) March 16-18, 2006
Ballroom (Seminars - Minimum March 15-18, 2006
3 rooms, capacity 700 each room)
Tournament Manager's Office August 1, 2005 to July 2, 2006
(minimum 600 sq. ft.)
Staff Office Approximately two (2) weeks for the
(minimum 800 sq. ft.) convention
Conference Office Approximately two (2) weeks for the
(minimum 800 sq. Ft.) convention
Show Office February 11,2006 through July 2, 2006
(m~nimum 800 sq. ft.)
One Office (ABC Officials) August 1,2005 through July 2, 2006
(m~nimum 800 sq. ft.)
One Office (ABC Officials) January 6, 2006 through July 2, 2006
(minimum 800 sq. ft.)
Tables and chairs as necessary for ABC personnel and vendors.
Dumpster for trash removal during construction and tear out. CITY will be responsible for bulk
trash removal during construction and tear out. CITY will allow the use of a forklift to unload
material during the course of the tournament.
ABC's use of those areas of the FACILITY as set forth in subparagraphs a, d, g, h and i may be extended
beyond the ending term date of July 2, 2006 for a period of no more than twelve (12) days at the sole
option of ABC, with written notice of such extension being provided by ABC to CITY on or before August 1,
2005.
2. The FACILITY shall substantially conform to the plans, drawings, and specifications attached hereto
as Exhibit A. CITY shall maintain the FACILITY in its present state of repair, reasonable wear and
10/20/2003
1
-266-
G:\Contracts~2006 Corpus Christi. DOC
tear and anticipated rehahabilitative construction excepted, to the time that ABC is to take possession
under the terms of this Agreement. Any substantial changes to the FACILITY prior to ABC's
occupancy thereof that may impact the use of the FACILITY prior to or during the tournament and
convention requires written notice to ABC by CITY and the approval by ABC, on or before August 1,
2005, such approval not be unreasonably withheld. In the event that the FACILITY is not available for
use as a bowling facility on the first date scheduled for bowling squads, and the reason for such
unavailability is not due to causes as hereinafter set forth in Paragraph 28, then CITY shall incur and
pay any additional reasonable expenses, subject to adequate appropriations, necessary to
accommodate ABC's accelerated need and use of the FACILITY.
This agreement is issued pursuant to the CITY's governmental authority and is subject to the
conditions, limitations and restrictions hereafter set fodh. Subject to such conditions, limitations and
restrictions, ABC may have and enjoy the use of the FACILITY hereinabove specifically described,
including corridors necessary to accommodate patrons and CITY will provide without any charge to
ABC the following:
a) Light and electricity.
b) Heat and/or air conditioning sufficient to maintain the premises at a
temperature of 70° during the hours of construction and tournament
operation. ABC may further adjust the temperature during its occupancy,
as it deems necessary.
c) Electric power, delivered to ABC's panel, sufficient to operate automatic
pinsetting and scoring equipment and meet booth vendors' needs.
d) High speed Internet access (minimum
e) Water supply and adequate restroom facilities.
f) Public Address system (squad room, scale room, paging, main P.A. to
seating and lanes).
g) Riser seating for 1800 persons. The first row of such seating shall be at
least 24 inches above ground level, and the last row of such seating shall
be at least fourteen (14) feet above ground level.
h) Janitorial service sufficient to maintain all areas exclusive of bowling
lanes (squad room cleaning required after each squad).
i) Parking spaces for eight (8) automobiles will be made available from
September 1, 2005 through January 1,2006 and for one hundred (100)
automobiles from January 2, 2006 through July 2, 2006.
The following personnel will be provided for ABC during the tournament,
which includes every tournament day from February 11,2006 to July 2,
2006:
1. One ticket taker (16 hours per day).
2. One ticket seller (16 hours per day).
3. Emergency medical personnel ('18 hours per day).
4. One sound person (18 hours per day).
5. One usher (16 hours per day).
6. One electrician on premises or immediately available (18 hours
per day).
7. Sufficient security personnel to maintain order daily from 6:00
a.m. to 1:30 a.m., or until the completion of the day's bowling
activities during the period of the bowling tournament; and
sufficient security personnel during the period of construction,
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during non-working hours, to provide for the security of the
materials, tools and equipment.
CITY will provide to ABC, at no additional cost, a minimum of 7,500 square feet of storage space from
June 1, 2005 through the conclusion of tearout 2006. CITY shall pay move-in and move-out cost
associated with storage of equipment.
5. CITY will provide parking spaces adjacent to the FACILITY sufficient for four hundred (400) automobiles
from February 11,2006 to July 2, 2006 at a maximum cost to the users of $4.00/day
6. CVB shall provide to all bowlers participating in the 2006 ABC Tournament discount coupons entitling the
bowler to discounts on various products and services in the Corpus Christi area.
7. CITY shall provide a facility at no charge to ABC for ABC's Delegate Party, held on March 17, 2006, at
which approximately 1100 guests are anticipated.
To the extent not prohibited by the statutes of the State of Texas and the Texas Constitution, CITY waives
all rights and claims to any compensation from television rights obtained by ABC; however, ABC shall be
responsible for any production costs.
9. ABC shall be authorized to install locker facilities, and shall retain all proceeds derived from locker rentals.
10. ABC shall be authorized to lease or sell exhibit space to the approximate number and to the type of
exhibitors customary to ABC Tournaments, and shall retain all proceeds derived from the leasing or sales
of such space.
11. ABC shall have the right to employ and supervise qualified craftsmen of its choice during construction or
tear down, or to provide any needed utility connections to ABC's authorized year-to-year exhibitors,
vendors and sponsors.
12. ABC shall be authorized to sell tournament programs, and shall retain all proceeds derived from such
sales.
13. All parties recognize that ABC will charge an entry fee for all bowlers participating in its annual
tournament. CITY warrants that at the present time there are no sales, use, excise or other type of tax
due from ABC on account of said entry fee to CITY, Nueces County, or the State of Texas. In the event
that the tax laws of any of the aforesaid governmental entities change between the date of the execution
of this Agreement and the date of ABC's occupancy of the premises, then CITY agrees that it will use its
best efforts in coordination with ABC to avoid the potential applicability of any such tax, including the
sponsorship of the ABC tournament itself by CITY so as to obtain any exemptions from tax that may be
available.
14. ABC will comply with all laws of the United States, all laws of the State of Texas, all ordinances of the
CITY of Corpus Christi, all rules and requirements of the Police and Fire Departments or other municipal
authorities of the CITY of Corpus Christi, and all rules and regulations from time to time adopted or
prescribed by CiTY for the government and management of the FACILITY, and will not do or suffer to be
done anything on said premises during the term of this Agreement in violation of such laws, ordinances,
rules or requirements, and if the attention of ABC is called to any such violation on the pad of ABC or any
person employed or admitted to said premises by ABC, ABC will immediately desist from, and correct or
cause to be corrected such violation. ABC will, at its expense, obtain any copyright licenses, which may
be required for activities of ABC on the premises.
15. Commencing on the date of occupancy, as herein provided, and thereafter continually during the period of
occupancy, ABC shall maintain such insurance as will protect it from claims under Workmen's
Compensation Acts and other Employee Benefit Acts, from claims for damages because of bodily injury,
including death, to its employees and all others, and from claims for damages to property, any and all of
which may arise out of or result from ABC's operations under this Agreement, whether such operations be
I O/2O/2O03
3
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G:\Contractsk2006 Corpus Christi. DOC
16.
by ABC or by any subcontractor or anyone directly or indirectly employed by either of them, This
insurance shall be written for not less than the following limits of liability:
Comprehensive General Liability (including but not limited to coverage for liability assumed
under contract, liability arising out of the operation of subcontractors and completed
operations)
Bodily Injury Liability: Combined Single
Limit $1,000.000
Property Damage Liability: Combined Single Limit $1,000,000
Comprehensive Automobile Liability (including coverage for liability arising out of owned.
non-owned, and hired autos)
Bodily Injury Liability: Combined Single
Limit $500,000
Property Damage Liability: Combined Single Limit $500,000
Umbrella Liability - $1,000.000 combined single limit any one occurrence (including Fire
Legal Liability) in excess of and concurrent to the above Comprehensive General Liability and
Auto Liability.
Workers Compensation - Which complies with the Texas Workers Compensation Act.
Employer's liability limit $500.000.
The Certificate of Insurance form or forms covering the foregoing shall be delivered to the CITY not
later than 7/31/2005. Such policies shall name the CITY of Corpus Christi as an additional insured
and provide that the CITY must receive written notice at least 30 days prior to material change, non-
renewal, cancellation or termination of any policy required under this agreement.
ABC shall defend, indemnify, and hold harmless CITY, its officers, employees, and
agents (collectively, "lndemnitees'~, or any of them, from and against any and all claims,
demands, actions, damages, losses, and expenses asserted against or recovered from
the CITY on account of injury or damage to person (including, without limitation on the
foregoing, premises defects, workers' compensation, and death claims), or property loss
or damage of any kind whatsoever, to the extent any damage or injury may be incident
to, arise out of, be caused by, or be in any way connected with, either proximately or
remotely, wholly or in part, (1) the existence, use, operation, maintenance, alteration, or
repair of the FACILITY; (2) the exercise of rights under this Agreement; (3) an act or
omission, negligence, or misconduct on the part of Indemnitees, or any of them, ABC, its
officers, employees, or agents, or of other persons having involvement in or
participation with ABC, the FACILITY, or the 2006 ABC Tournament that is the subject of
this Agreement, whether authorized with the express or implied invitation or permission
of ABC entering in or on the FACILITY or its improvements pursuant to this Agreement,
during ABC~s use or physical occupation of the FAClLITY pursuant to this Agreement;
or, (4) due to any of the hazards associated with sporting events, training, or practice,
either as a spectator or participant, including, but not limited to, any injury or damage
resulting either proximately or remotely, wholly or in part, from the violation by
Indemnities, or any of them, of any law, rule, regulation, ordinance, or government order
of any kind; and including all expenses arising from litigation, court costs, and
attorneys' fees which arise or are claimed to arise from, out of, or in connection with the
asserted or recovered incident. The terms of this indemnification are effective
regardless of whether such injuries, death, or damages are caused or are claimed to be
caused by the concurrent or contributing negligence of Indemnities, or any of them, but
not if caused or are claimed to be caused by the sole negligence of Indemnitees, or any
of them, unmixed with the fault of any other person or entity. ABC covenants and
agrees that, if CITY is made a party to any litigation against ABC or in any litigation
commenced by any party other than ABC relating to this Agreement, ABC shall, upon
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receipt of reasonable notice regarding commencement of litigation and at its own
expense, investigate all claims and demands, attend to their settlement or other
disposition, defend the CITY in all actions based thereon and pay all charges of
attorneys and all other costs and expenses of any kind arising from any said liability,
damage, loss, demand, claim, or action.
17. ABC shall not admit to said premises a larger number of persons than the seating capacity thereof will
accommodate, or than can safely or freely move about in said areas and the decision of the Facility
Manager in this respect shall be final.
18. CITY agrees to provide three (3) ATM machines at no cost to ABC. ABC and CITY will mutually decide on
the ATM placement locations. ABC's tournament design team will work with the CITY to determine ATM
placement locations most advantageous to ABC with the CITY's approval, such approvat not to be
unreasonably withheld.
19. CITY reserves unto itself or to its designated contractors, the sole right to sell all food and beverages on
the premises. CITY or its designated contractors shall permit temporary event sponsorship signage to be
put up in the FACILITY during the tournament, the location and placement of which is subject to the
approval of the CITY or its designated contractors, such approval not to be unreasonably withheld.
Additionally, CITY or its designated contractors will ensure that non-alcoholic sponsor beverages are
provided by the CITY or its designated contractors in all non-public areas of the facility during the
tournament, such as dressing rooms, locker rooms, press rooms, tournament officials offices, backstage
and hospitality areas.
20. CITY shall have the right to enter any portion of the FACILITY and to eject any objectionable person or
persons from said premises and upon the exercise of this authority through its Facility Manager, agents or
police, and in such event ABC hereby waives any right and all claim for damages against the CITY.
21. CITY shall have the right to remove from the FACILITY all effects remaining at the conclusion of the space
term at the sole expense of ABC and to store the same at the sole expense of ABC, without any liability
therefore on the part of CITY.
22. ABC shall not do nor permit to be done anything in or upon any portion of the FACILITY or to keep
anything therein or thereupon which will in any way conflict with the regulations or ordinances of the CITY
of Corpus Christi or in any way obstruct or interfere with the rights of other permittees in the FACILITY.
23. This agreement may not, without the prior written consent of the CITY's City Council, which consent shall
not be unreasonably withheld, be assigned by any party except that any party may assign this agreement
to a corporation or entity organized to succeed to the rights, title and interests of the assignor such as
through, but not limited to, a consolidation, merger or other corporate combination.
24. ABC understands and agrees that during the term of this Agreement, CITY may use or cause to be used
for conventions, expositions, or attractions any portion of the FACILITY not demised to ABC.
25. CITY, its representative, employees and concessionaires, shall at all times have free access to said
FACILITY.
26. ABC understands and hereby specifically agrees that CITY does not furnish any staff not otherwise
provided for in this Agreement.
27. ABC, over the signature solely of such authorized officer who executes this agreement on behalf of ABC,
or any other individuals designated in writing by ABC, may issue additional written orders subject,
however, to the discretion and approval of the FACILITY Management, the execution of which orders shall
be at the sole expense of ABC and for which ABC hereby assumes and agrees to pay.
28. In the event the FACILITY or any part thereof shall be destroyed or damaged by fire or any other act of
God, civil commotion, war, invasion, rebellion, hostilities, military or usurped power, or sabotage, which
shall render the fulfillment of this Agreement by CITY impossible, ABC waives any claim for damages or
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29.
30.
compensation should this Agreement be terminated thereby, other than as hereinbefore set forth in
Paragraph 2.
ABC shall quit and surrender the premises and all equipment contained therein to CITY at the end of the
term provided for herein in the same condition as at the date of the commencement of this Agreement,
ordinary wear and tear excepted or unless the premises or such equipment is damaged or lost as a result
of the negligence, gross negligence or willful misconduct of CITY, its employees or agents.
CITY and CVB, in further consideration of ABC's entering into this Agreement, shall provide the following
cash subsidy, either directly or through commercial sponsorship, paid in the manner, amounts and at the
times indicated, to ABC to be utilized by ABC for the purpose of installing and construction in the
FACILITY, and removing therefrom upon completion of ABC's activities concerned herein, sufficient lanes,
pinsetting and other necessary equipment as are required to conduct the ABC Tournament hereinbefore
mentioned. The CVB is responsible for forwarding, to ABC, all payments due by CITY and CVB on or
before the date due as follows:
Installment Amount
$ 44,300.00
$ 44,3O0.OO
$ 44,300.00
$367,100.00
Date Due:
Paid
Paid
December 31,2003
December 31,2004
TOTAL SUBSIDY PAYMENT $500,000.00
31.
32.
33.
34.
35.
ABC agrees that it will not suffer or permit the filing of any liens or other encumbrances against the
FACILITY, or any other property of the CITY, as a result of any such construction or acquisition and/or
installation of equipment, that it will provide to the CITY such proof of payment for all labor materials and
equipment utilized in said construction and/or installation as the CITY might require, and that it will fully
indemnify and hold harmless the CITY from any and all claims, whether for labor, materials, equipment or
otherwise, related to such construction, acquisition and/or installation and the use of the facilities so
constructed and equipment so installed.
Should conflicts arise under this Agreement, any of the parties hereto may demand that the conflict be
resolved by binding arbitration conducted in accordance with the rules and procedures of the American
Arbitration Associations and its auspices. Each party shall be responsible for such portion of the cost of
the arbitration as determined by the arbitrator, and in addition shall be responsible for any attorney's fees
that it may separately incur.
ABC understands and acknowledges that the continuation of any contract after the close of any fiscal year
of the CITY, which fiscal year ends on July 31 of each year, shall be subject to appropriations and budget
approval providing for or covering such contract item as an expenditure in the CITY's budget. The CITY
does not represent to ABC that said budget item, the subsidy payments in this Agreement, will be actually
adopted, said determination as to appropriations and expenses being within the sole discretion of the
CITY's City Council at the time of adoption of the OlTY's budget. Any future payments, as set forth in this
Agreement, shall be subject to appropriations. If revenue funds are not appropriated for each upcoming
fiscal year, the CITY may terminate this Agreement without penalty.
This Agreement contains the entire agreement between the parties hereto, and no earlier statements or
prior written manner shall have any force or effect. None of the parties are relying on any representations
or agreements other than those contained in this Agreement. This Agreement shall not be modified or
canceled except by written instrument subscribed by all parties thereto.
If any term or provision of this Agreement shall to any extent be deemed invalid or unenforceable, the
remainder of this Agreement shall not be affected thereby, and each term and provision of this Agreement
shall be valid and enforceable to the fullest extent permitted by law.
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36. This agreement shall be governed by the laws of the State of Texas and shall be binding upon the parties,
their heirs, representatives, successors and assigns, and this agreement can only be modified or
amended in writing which writing shall be executed by the duly authorized agents of the parties hereto.
37. CITY warrants that it has previously made certain representations to ABC in the Tournament Site
Inspection Checklist/Report Form, which Checklist/Report Form is attached hereto as Exhibit B and
amended by Exhibit C and by this reference both are made a part hereof. CITY shall comply with all
representations made in this agreement and it's exhibits.
38. The date of this agreement shall be deemed to be the date that it is executed by CITY.
IN WITNESS WHEREOF, this agreement has been executed by their duly authorized officers and agents on
the dates set forth below.
ATTEST
CITY OF CORPUS CHRISTI
a municipal corporation
By.
Date:
CORPUS CHRISTI AREA CONVENTION AND
VISITORS BUREA~
AMERICAN BOWLING CONGRESS
Assistant Executive Director
Date:
10/20/2003
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TOURNAMENT SITE INSPECTION COMMITTEE
CHECKLIST/REPORT FORM
Your interest in possibly hosting a future ABC tournament is appreciated. To help you in your preparations prior
to a visit by this Committee, the information contained on this form may prove helpful to you by providing you with
some of our requirements. Please complete this form and return to the ABC Executive Director, at least two
weeks prior to their visit to your city.
GENERAL INFORMATION
City and State Corpus Christi, Texas
Name of lead contact Joey Jarreau, Director of Convention & Visitors bureau
Phone Number: (361) 881-1821
CONVENTION CENTER
Name of your facility Bayfront Plaza Convention Center
Facility Manager Harold R. Peterson (Director), John B. Meyer (Manager)
Address 1901N. Shoreline Boulevard, Corpus Christi, Texas 78401
(361) 883-8543
Location (i.e. Downtown, airpod, etc.).
If your facility in the planning stage, the scheduled completion date is H/A
Size of your facility (square feet) over 200,000 General appearance of facility Excellent.
the facility will have been completely renovated.
By 2006,
Existing Facility:
The ABC would require the convention center a minimum of 170 days, including 30 days for construction, 10 days
to remove the lanes and approximately 130 days for bowling.
Is your facility available for 1707 (January thru June)
Year Constructed ! 98 ] Funding Source
Type of Construction
Planned capital improvements
If facility planned:
Construction Schedule
Funding status
Architect Name
Address
Phone Number
Concrete & BeamAnnual Maintenance Plan
Renovation & Year of Renovation
E~panszon
~Yes O No
Bonds
Yes
2002-2003
Availability of plans -274-
ABC Tournament Site Inspection Checklist
List dates your facility would be available January 1 - June 30, 2006
Rental fee for your facility? E] Yes I~ No If yes, amount
facility available for an extension of time if entries warrant? ~ Yes E] No
What large scales events have been recently held in your convention center?
(List three including primary contacts)
1992 American Bowling Congress Tournament (Hal Kaminski)
Armstrong McCall Beauty Show (Tawana Dunham)
2
Is
Baptist General Convention of Texas (Tom Brannon)
Minimum Space Requirements:
48-LANE INSTALLATION (Preferred)
· An area of 88,000 square feel of unobstructed space with a minimum ceiling height of 30 feet is
needed for fanes and peripheral areas, idcluding a grandstand. (1500 minimum)
', 12,000 square feet of additional space for related tournament purposes.
( 4¢or 44-LANE INSTALLATION (Optional)
·An area of 70,000 or 74,000 square feet ol unobstructed space with a minimum ceiling height of 30
feet is needed for lanes and peripheral areas, including a grandstand. (1500 minimum)
· 10,000 square feet of additional space for related tournament operations and services and an ABC
operated, bowling-oriented retail area.
Your facility's cubic area measures 47,213 cu.~,ceiling height 32' over equipment (floor to bottom
of ceiling trusses) Number of seats available 1800 type of seating
Raised on risers cubic area for registration, squad room, etc. 12,438 cu. m. eters
LXWXHXO 02832/Cubic ~eters
ABC generally requires the follow~ng services and personnel for the duration of the tournament. Please note
whether such service and/or personnel will be available to ABC at no charge or otherwise: If otherwise, explain
1. Lights and electricity (Emergency Lighting) X Available Other
2. Heat and air conditioning sufficient to maintain the premises of a
temperature of 68°. 72° during the hours of construction (including tear
down) and tournament operation.
3. Electric power delivered to ABC's panel sufficient to operate automatic
pinsetting and scoring equipment and meet vendor's needs as follows:
800 amps. 3 phase 208 volts delivered to the 6 panels to
operate pinsetters and scoring system.
400 amps, 3 phase 208 volts delivered lo lhe vending area.
· 200 amp panel for TV produclion
400 amp panel, 3 phase for lighting
4. Water supply and adequate restroom facilities
5. Public address systems 1.) squad room separate podable system, 2.)
scale room & vendor area, 3.) paging and main PA to seating and
lanes)
6. Janitorial services 16 hours per day
7. One ticket taker 16 hours per day.
8. One ticket seller 16 hours per day.
9. One first aid attendant 18 hours per day or equivalent service.
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X Available Other
X Available Other
X Available Other
X
__ Available __ Other
X Available Other
X Available Other
X Available __ Other
X
__ Available __ Other
ABC Tournament Site Inspection Checklist
10. One sound person 18 hours per day. × Available
×
1 1. One usher 16 hours per day. __ Available
12. One electrician on premises or immediately available 18 hours per day.
13.
Sufficient security personnel to maintain order dail¢ from 6:00 a.m. to
1:30 a.m. or until the completion of the day's bowling activities during
the bowling tournament.
Available
X
Available
14. Tables and chairs as necessary for ABC personnel × Available
1 5. Dumpster for trash removal and actual removal during construction
and tear down. X Available
16. Forklift to load and unload material during the course of the ×
tournament. Available
17. If you have answered "Other"to any of the above, please explain on back of this form.
3
__ Other
f
__Other
__ Other
__ Other
__ Other
__ Other
Local labor is usually employed to construct the lanes, etc. List current labor rated;
Carpenter $18.93/hr. Millwright $18. 93/hr.
Can ABC provide its own supervisors for these workers?
Is your city a right-to-work area?
Electrician ~;22.12/hr.
6~Yes Gl No
:I~Yes [3 No
The ABC has a loyal following of concessionaires it leases space to each tournament, such as photographer,
yearbook sales, locker rental, ATM's and certain souvenir items. Would this pose any conflict?Gl Yes ~ No
If yes, list
FOOD AND BEVERAGE CONCESSIONS ON SITE
The ABC does not get involved with these items. However, the bowlers and guests do enjoy eating and drinking
at the tournament site.
Does your facility offer these services? E~Yes Gl No
What are the hours a, 'r~ll~'-iP¢~ h7 ARC
Dates available e,~ Ten?iYe~ by ARC,
If not, could they be provided? n/a [] Yes O No
Do you have existing contracts with food and beverage purveyors? ~ Yes [] No
If so, will ABC be allowed to sell it's sponsor's products during the
duration of the events? ~;3~Yes [] No
STORAGE REQUIREMENTS
We would require at no charge approximately 7,500 square feet of floor storage space with minimum ceiling
height of 15 feet, preferably on site. It must be a weatherproof environment and secured storage area, preferable
temperature controlled. This material is in crates. Does your facility have on-site storage for this material and
adequate capability to load and unload up to pounds. If not, how provided The same storage lock. on
that were used in 1992 by the ABC are still available. Exhibit Hall A Storage room ~
56' w x 20' high, 45,880 Cu. ft. of Air Conditioned Space.
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ABC Tournament Site Inspection Checklist
OFFICE REQUIREMENTS
4
The ABC Tournament Manager moves to the tournament city around September lS~ and would need office
space, preferably at the convention center, of at least 600 square feet.
When tournament construction starls (January 2), the ABC Tournament Manager would need additional office
space as follows:
1. A show office with a minimum of 800 square feet. OK
2. Two additional offices with a minimum of 800 square feet each. OK
PARKING
ABC requires parking be available for the bowlers during tournament competition.
How many parking spaces does your facility have on site? .!_, 400
How many parking spaces are nearby? !, 400
The cost factor will be: No Charge
ABC would have the following minimum needs for parking of its employees at no charge to ABC:
1. Spaces for 6 automobiles from September 1 through January 1.
2. Spaces for 100 automobiles from January 2 through the termination of the contract.
CONVENTION WEEK NEEDS
Approximately six weeks after the start of the tournament, the ABC conducts its annual convention of a week's
duration. There would be approximately 1,500 delegates in attendance. During this time, we would require
meeting sites, either at our headquarters hotel, convention center, etc., to handle 1,500 delegates for a Friday
business session or lot the next day's workshop session. There would be space needed for classroom sessions
~n the Wednesday and Thursday of convention week, involving at least seven rooms. ABC staff personnel would
require a large room of two weeks duration (week before convention week and during convention week)
preparing for the conventiong, etc. On Friday evening, there would be a sit-down dinner for approximately 1,000
to 1,200 people, preferably round tables for eight.
Delegates meeting could be held at:
~ Convention center O Hotel O Other
Delegates workshop (Saturday) couTd be held at:
~Y~Convention Center ii Hotel [3 Other
Thursday's session (seminars) could be held at:
~ Convention Center [~ Hotel O Other
Cost factors for any of the above convention week needs
Facilities.
No charge for Convention Center
Delegates Session
For the delegates session on Friday, the facility would need a sound system, adequate aisle space, strong'
lighting system, microphones and preferably theater-style seating and preferably a stage arrangement for a large
head table.
Which facility could best offer this requirement?
List any of the above that would not be available:
~qy cost to ABC? 0 Yes ~ No
If yes, amount;
Selena Auditorium
N/A
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ABC Tournament Site Inspection Checklist
5
Delegates Lunch
The Delegates break for lunch for a period of approximately an hour and a half. On-site sandwiches or box
lunches would be helpful, or if several restaurants in the immediate area could handle the flow fairly easily.
What facilities are available to meet these needs? Facility Concessionaire, do',catown restaurants at~.d
hotel restaurants.
Workshop
The same requirements would basically be needed for the Saturday morning workshop session which starts
around~9:00 a.m. and concludes around noon,
Which facility could best offer this requirement? Selena Auditorium
List any of the above that would not be available: n/a
Any cost to ABC? [] Yes ~0~ No If yes, amount:
Sit-down dinner (President's Party) - Friday niqht,
Which facility could best offer this requirement?_ The Convent~nn C~n~PT'~ R~nq,,~ Hall
List any of the above that would not be available: N/A
Any cost to ABC? E3 Yes O No If yes, amount:
Current costs for choice sit-down dinner menu entree $].5 - $20
SUBSIDY
Please be prepared to provide complete details on the amount of the guaranteed subsidy and the payment
schedule when the bidding city makes its presentation before the ABC Site Selection Committee.
TRANSPORTATION
Mileage from facility to city center ]_ to airport 10 to major hotels 10
Number of major airlines /4 Cost to city center via taxi ~8.00 - $ ! 2.00
Number of major hotels . 9
Do your hotels offer free transpodation from airport and return? ~ Yes E3 No
IS public transportation provided from airpod to city center? O Yes ~it No Cost
Is Amtrak service available? [] Yes ~No
Is (~reyhound/Trailways bus service available? ~ Yes 63 No
Number of car rental agencies: 7 List names:
Avis, Hertz, Budget, National~ Dollar~ Thrifty, Enterprise
List those car rental agencies located on sife at the airport: Avis, Budget, Dollar, Hertz, National
Off site:
Thrifty, Enterprise
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ABC Tournament Site Inspection Checklist 6
Air Transportation - List Airlines servicing city:
Airline
American Eagle
Austin Express
Conginental Airlines/Express
Delta Conection
Southwest Airlines
Is city a hub?
HOTELS/MOTELS/RV SPACE
Number of rooms within one mile of convention center
Number of rooms within five miles of convention center
1800
2300
Daily Arrivals/Depar[ures
7
4
15/16
2
8
[] Yes Y~ No
City center 1800
City center 2300
Number
Parking Rate of Rooms
Distance to Potential
Current Convention Convention
Name Rack Rate Center Hotel
Omni Bayfront $165 .6 n/a 474 yes
Holiday Inn Emerald Beach $125 2.0 n/a 368 yes
Ramada Inn Bayfront $ 79 .7 n/a 200 no
~Omi Marina $165 .4 n/a 346 yes
-~st Western Marina Grand $ 65 .7 n/a 172 no
Radisson $ 69 .5 n/a 250 no
RV sites available 6~0 Distance to city center 3-15 Convention center 3-20
RESTAURANTS
Number (excluding fast food type) in city center 50+ Near convention center 20+
Number open for our late shill bowlers (12:30 a.m. and later - including fast food type) 35+
An5/alcoholic beverage restrictions? Ye Yes o No If yes, give details: Alcoholic Beverages are not
permitted in any city park or recreational facilities without a permit and approved
insurance coverage.
SHOPPING
Number of malls by convention center __
wi(hin 5 miles of the convention center
center 8 .by major hotels
3 by major hotels 3 within 10 miles
0 Number of depadment stores by convention
city center 30
MAJOR SIGHTSEEING ATTRACTIONS IN YOUR AREA
.~Texas State Aquarium, U.S.S. Lexington, Museum of Science & History, Greyhound Racetrack,
cas Treasure Casino Cruise, Art Museium of South Texas, King Ra'nch, Padre Island,
He=itage Park, Corpus Christi Beach, Botanical Gardens
-279-
ABC Tournament Site Inspection Checklist 7
WEATHER CONDITIONS DURING FEBRUARY THROUGH MAY
Average Temperature is 69° F, Average rainfall 1.9" per month, Average windspeed 13
LIST NUMBER OF MAJOR CITIES (Pop. Greate~ than 200,000) WITHIN DRIVING DISTANCF
San Antonio, Laredo, Houston, Austin
TAXES
State tax rate Motel/hotel tax rate 15% Are
there any other taxes applicable to ABC, such as sales, payroll, use tax, amusement tax, payroll tax, occupational
tax, leased equipment tax, other taxes.
List any applicable taxes involved, of the above:
Sales tax 8.125%
SIGNATURE
NAME
ITEMS BELOW FOR USE BY TOURNAMENT SITE INSPECTION COMMI'I-I'EF
Date of visit to city by committee
Members of site committee this visit
Major contact in city with following person
-280-
EXHIBIT C
This exhibit and the information it contains serves as an acknowledgment by the Ameri-
can Bowling Congress, Inc. ("ABC") that certain information contained in Exhibit B of
this Agreement, such exhibit being entitled "American Bowling Congress, Tournament
Site Inspection Committee, Checklist/Report Form" ("Checklist"), dated 2/1/01, is
amended by this Exhibit C to reflect changes that have occurred since the City's sub-
mission of the Checklist to ABC, which Checklist formed a portion of the City's under-
lying proposal for the 2006 ABC tournament, the provisions for such tournament being
the subject of this Agreement. Additionally, ABC and the City agree that the specific in-
formation set out below in this Exhibit C replaces only the similarly stated language con-
tained in Exhibit B of this Agreement and, all other provisions contained in Exhibit B that
are not specifically amended, as set out below, by this Exhibit C remain as stated in
Exhibit B, Furthermore, by execution of the Agreement, ABC accepts and consents to
the following amendments to Exhibit B made by this Exhibit C:
As contained in Exhibit B:
_As amended by this Exhibit C:
1) Page 1: Name of lead contact:
Previous answer. Joe¥ Jarreau, Director
of Convention and Visitor~ Bureau
Klm Thornton, Convention Sales
Manaqer
2) Page 2: Food and Beverage
Concessions on Site, Question: "If so,
will ABC be allowed to sell it's sponsors
products during the duration of the
events?"
Previous answer: Yes
I~o - food and bevera,qe concession
contracts are. to be manacled by a pri-
vate firm in the City's new Arena and
the Convention Center.
-281-
As con, tained in Exhibit B:
As amended by this Exhibit C:
3) Page 5: Delegates Lunch, Question:
"What facilities are available to meet
those needs?"
Previous answer: Facility Concessionaire,
downtown restaur.~.nts artd hotel restaur-
ants
Facility Concessionaire/Caterer - the
City will utilize the. City's concession
contract, which is servi~e.d, by a private
firm; the firm will fill demand within the
premises.
4) Page 5: Transportation, Statements:
"Number of car rental agencies; List names;
List those car rental agencies located
on site at the airport; Offsite":
Previous answers:
Number of car rental agencies: 7
Names: Avis, Hertz, Budget, National,
Dollar, Thrifty, Ep:t.erprise
On site: Avis, Budqet, Dollar, Hertz,
and National
Off site: Thrifty, Enterprise
Number of car rental aqencies; 8
Names: Avis, Hertz, Budget, Nal;ional,
Dollar, Thrifty. Entemrise, Advantage
On site: Avis, Dollar, Hertz, National,
and Advanta.qe
Off site: Thriftv. EnterPrise, Bud,qet
5) Page 6: Air Transportation - as listed
Previous answer:
g, irline .Daily Arrivals/Departures
Amedcan Eagle 7
Austin Express 4
Continental Airlines/Express15/16
Delta Connection 2
Southwest Airlines 8
Airline
American Eagle 6 1 6
(deleted)
Continental Airlines/Express
Delta Connection 5 / 5
Southwest Airlines 6 / 6
Daily Arrivals/Departures
9/9
-282-
30
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 12/9/03
AGENDA ITEM: Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 Establish
procedures regarding security deposit, delinquent payments, late fees, and average billing; providing
for penalties; providing for severance; and providing for publication.
ISSUE: Collection on delinquent accounts has been an on-going problem for the City as noted
in correspondence to the Council in recent months. Since September, 2003, enhanced collection
efforts for both active and inactive accounts has made a significant impact on this problem, and
the staff is now recommending changes in policy that will help to further address delinquent
payment for utility service. Some of these policy changes require an Ordinance change by
Council. This agenda item provides for an update on the status of delinquent collections and the
adoption of an Ordinance to implement recommended policy changes.
REQUIRED COUNCIL ACTION: Approval of the Ordinance.
PREVIOUS COUNCIL ACTION: NONE
CONCLUSION AND RECOMMENDATION: Staffrecommends approval of the Ordinance as
presented.
Utility Business Office Manager
Attachments: Power Point Presentation
Proposed Changes in Billing Cycle (Timeline Comparison)
Ordinance
-285-
BACKGROUND INFORMATION
Since September 8, 2003, the Utility Business Office has significantly enhanced collect efforts
and the results have been tremendous. Additional temporary staff was hired to process accounts
eligible for disconnection for non-payment, resulting in a marked increase in disconnections and
reconnects after an account has been brought current. In addition, field personnel have been
deployed to return a week after service disconnection to insure that the account has not been
reconnected illegally. With regard to accounts that have been permanently closed after
disconnect for non-payment, delinquent balances have been forwarded to an outside collection
agency since June of this year. As a result, we are beginning to see some impact on our aged
accounts receivable for inactive accounts and should have fewer that need to be written offat the
end of the current fiscal year.
To further improve our aged accounts receivable on utility receipts, the staff recommends:
Billing Cycle Adjustments
As noted on the attachment, changes to the billing cycle would include:
Allowing the customer more time to pay before a bill is past due and a penalty is
added, but shortening the time in which service may be terminated for non-
payment (thus reducing the amount of time the receivable may go tmpaid); and,
Adjusting the penalty for late payment to 5% of the amount past due rather than a
flat $5 so that there is a progressive penalty for higher amounts in delinquent
status (and greater incentive to pay in a timely manner on higher balances).
Changes in the Practice for Charging Deposits
Currently, City Ordinance stipulates that a deposit may be charged in thc event of poor credit
history, but this provision has not been exercised. It is recommended that all accounts
disconnected for non-payment or tampering be charged a deposit equal to 1/6 of their annual bill
or 2 times their monthly bill. New accounts established by customers with poor prior payment
history would also be required to pay this same deposit. Deposits would be automatically
refunded after a good payment history is established. In the event a customer closes their account
before the deposit is refunded, or service is terminated for non-payment, the final bill would be
subtracted from the deposit and a refund check issued for any balance remaining.
While tightening up our billing processes, it is recommended that we improve customer service
and convenience for regular and timely paying customers at the same time. The aforementioned
changes would give customers a little more time to pay and not add a penalty until a reasonable
grace period. As an added value, we would also like to begin offering an average billing plan as
provided in the Ordinance presented for your consideration and summarized in the attached
presentation.
-286-
i
Utility Business Office
Collections Update
Recent Collection Activi
v September, 2003 - began enhanced efforts
o Hired temporary employees to work back log
j3 Doubled the number of disconnects for non
T
payment worked on a daily basis
o Initiated more regular service checks on accounts
off over 7 days
o Increased number of reconnects and collections
on active accounts
1 I
I
3500
i
3000
2500
2000
1
500
1000
500
0
Disconnect/Reconnect Orders
-v
wo -V
-w
M Disconnects ■ Reconnects
_V
00
$1,200,00
-i
$1,000,00
$800,00
N
.I $600,00
$400,00
$200,00
$
Value of Reconnect Orders
Jan Feb Mar Apr May Jun
$1,039,8 9
Jul Aug Sep
Oct Nov
Ir
22
Aged Accounts Receivable
(Active Accounts)
i
September 8, 2003 December 1, 2003
30 days $ 1,343,385 30 days $ 964,844
60 days $ 748,305 60 days $ 280,727
CD 90 days y $ 500,103 90 days $ 121,358
120 days $ 420,114 120 days $ 115,132
�i
$ 3,011,907 $ 1,4829061
Inactive Account Collection Activity
$5,0009000
$4,500,000
$4,000,000
$3,500,000
$3,000,000
$295009000
$2,000,000
$1,500,000
$1,000,000
-� $5009000
$0
2003 Delinquencies
Jan- Feb- Mar- Apr- May- Jun- Jul -03 Aug- Sep- Oct- Nov -
03 03 03 03 03 03 03 03 03 03
30 day 60 day —*-- 90 day 120 day
Inactive Account
Collection Efforts
o June, 2003: Sent first file of accounts to
collection agency
o Accounts sent after finalled at least 90 days
o Amount sent: $ 2,357,206
o Amount collected to date: $ 39,269
Recommended
Billing Policy Changes
o Adjust billing cycle
o Require deposit in event ofp oor credit
Billing Cycle
Current Recommended
Due Date 15 days 21 days
$5.00 5%
Late Fee (18th day) (30th)
M i
t
Disconnect for
Non Pay 60 days 45 days
Current
Deposit Practice
v Deposits are only routinely collected on
construction meters at this time.
MAYahead
(Deposits y be collected on
accounts which have been disconnected for
nonpayment or when the customer has a poor
payment history.)
Recommended
Deposit Practice
■ Existing Accounts: Charge if disconnected for
non-payment or tampering
■ New Accounts: Require if have prior poor
payment history
■ Amount: 1 /6th the annual bill, or 2 times the
monthly average
■ Refund: Automatically, without interest after 12
months of good credit history
Promotc` Greater
Customer Convenience
■ Implement Average Billing
■ Online Payment and Query
■ Automatic Draft
j New Average Billing
o Eligible if have 12 months of good credit history
o Use average of the most recent 12 monthly utility
bills
g o Customer initially billed the average billing amount,
and the difference shall be deferred
o Each month, approximately ten percent of the
deferred amount applied to the customer's next
monthly average bill
Questions?
Billing Cycle (Days)
Current
Proposed
Late Notice + $5.00 2nd Late Notice +
Bill Date Due Date late fee 2nd Bill Due Date $5.00 late fee Cut for Non -Pay
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 55 TO ESTABLISH PROCEDURES REGARDING
SECURITY DEPOSITS, DELINQUENT PAYMENTS, LATE FEES, AND
AVERAGE BILLING FOR THE UTILITIES BUSINESS OFFICE;
PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Article II of Chapter 55 of the Code of Ordinances is amended by revising
the title to read as follows:
"ARTICLE II. RULES AND REGULATIONS OF DEP.~.RT.".".EHT OF PUSL!C
~ THE UTILITIES BUSINESS OFFICE"
SECTION 2. Section 55-22 of the Code of Ordinances, City of Corpus Christi is
amended to read as follows:
"Sec. 55-22. Application or contract for service.
...... ' .............. ~ ..... · ...................................... OW~ O," or
"'~*~- The Utility Business O~ce Manager s authorized to establish procedures
process and accept applications for utility se~ice inside the city limits."
SECTION 3. Section 55-25 of the Code of Ordinances is amended to read as follows:
"Sec. 55-25. Security for the payment of bill and performance of other obligations
by customer.
"(a) The city..mc:,, request shall require that a security deposit be placed on the account
i.~if an account has become delinquent, (ii) if the customer had a delinquent balance on
a previous city utility account, or (iii) if the customer tampered with city equipment
receive city utility service. An account will be considered delinquent if two (2) delinquent
bills are issued =nd/or if o_r disconnection of service for non-payment occurs once within
a twelve-month period.
"(b) The amount of the security deposit is one-sixth of the customer's last twelve utility
bills. If the customer did not receive utility service for at least twelve months, then th~,
security deposit is an average of all of the customer's monthly utility bills, multiplied by
two.
-303-
Page 2 of 8
"/~'~,w~ ,/c) The city will refund a security deposit, without interest, to a customer, upon the
request of the customer, if the following conditions have been satisfied:
"(1) The customer has maintained service for at least twelve (12) consecutive months.
"(2) The customer's service was not disconnected during the preceding twelve (12)
months.
"(3) The customer has not been sent two (2) or more delinquent bills during the previous
twelve (12) months.
"(4) The account is not currently in arrears.
"(c) (dJA customer may claim a refund of a deposit owed by the city no later than one
(1) year after termination of service to the account to which the deposit applies.
Thereafter, such deposit shall become city property."
SECTION 4. Section 55-26 of the Code of Ordinances is deleted.
SECTION 5. Section 55-27 of the Code of Ordinances is amended to read as follows:
"Sec. 55-27. Monthly bills.
"(a) Bills for service will be rendered monthly unless otherwise specified. The term
"monthly" for billing purposes shall mean the period between any two (2) consecutive
readings of the meters by the city, such readings to be taken as near as practicable
every thirty (30) days.
"(b) Monthly bills are due when rendered and are payable, unless otherwise specified,
on or before the date shown on the face of the bill. Bills not paid by this date are in
default and service shall be discontinued for such default, after notice, in writing, to the
customer, such notice to be sent by U.S. mail to the address shown on the customer's
application.
"(c) Failure to receive a bill in no way exempts a customer from payment of bills cr the
"(d) When the city is unable to read a meter after reasonable effort due to a condition
created by the customer or custodian of the premises, the customer will be billed at the
same rate as the previous monthly bill and the billing adjusted when the meter is read."
J:\LEG-DIR\Lisa\ORD3\dec 2003 ubo.doc
-304-
Page 3 of 8
SECTION 6. Section 55-33 of the Code of Ordinances is amended to read as follows:
"Sec. 55-33. City's standard terms for application for utility service
"The city's standard terms for utility service include the following:
"(a) The applicant cgrccs to shall pay for such services as bills are rendered therefcr in
accordance with the rates, rules and regulations as provided in the charter or by
ordinances, or by the terms and conditions as set-fe~th established by the Dircctcr of
~ Utilities Business Office Manacler, and approved by the City Manager, a
copy of which may be obtained from the Public Utilities office, and is on file with the City
Secretary, as now existing or as may hcrc=ffer be enacted and in effect at the time of
delivery.
".(.~ The applicant further agrees to release and discharge the city from any liability for
damages suffered: (1) By reason of water or gas or sewer service furnished to the
premises; (2) By reason of interruption discontinuance, or disconnection of service
hereunder from any cause other than negligence by the city; or (3) By reason of the
condition, maintenance, location or systems located on or adjoining the property
supplied, and by which such services are furnished or delivered.
"(c) The applicant shall acknowledges that he the applicant is the owner or person
entitled to possession of the premises, legally liable for payment for services, and may
be required to provide documentation to establish applicant's right to possession of the
premises.
............. ,.~- ......... or ..... r .........
SECTION 7. Section 55-34 of the Code of Ordinances is amended to read as follows:
"Sec. 55-34. Discontinuance of service.
"(a) If water or .qas serv ce is discontinued by the city on a certain property and service
is then turned on without authorization, the record owner of the property involved is
.~-DIR\Lisa\ORD3\dec 2003 ubo.doc
-305-
Page 4 of 8
responsible for any water and gas metered during the per od water and gas usage are
unauthorized.
"(b) When any customer of the city department of public utilities purchases any article
from the city or is indebted for any appliance, connection or service anywhere in the city
and the ~;'~ indebtedness or any installment 0~er-eef is delinquent, the services of ....
the customer may be disconnected at the location of the article or appliance and not
reconnected until all delinquencies including penalties and reconnection charges have
been paid and the account restored to a current nondelinquent status."
SECTION 8. Section 55-37 of the Code of Ordinances is deleted.
SECTION 9. Article II of Chapter 55 of the Code of Ordinances is amended by adding
new section 55-39 to read as follows:
"Sec. 55-39. Average billing.
"A customer who has not had any delinquent payments for the previous twelve (12)
months may request average billing. To calculate the average billin.q amount, the city
shall determine the averaqe of the most recent twelve (12) monthly utility bills. Each
month the city shall determine the customer's actual utility service charges. If the actual
monthly utility service charge is different from the averaqe billing amount, the customer
shall be billed the averaqe billing amount, and the difference shall be deferred. Ten
percent of the previous monthly deferred amounts shall be applied to the customer's
next month's average bill."
SECTION 10. Article II of Chapter 55 of the Code of Ordinances is amended by adding
new section 55-40 to read as follows:
"Sec. 55-40, Delinquent notices, late fees; disconnection, charges for
reconnectin.q and replacin.q meters.
"(a) The city will mail a delinquent notice on or about the twenty-first day after the
monthly bill was issued. The notice must advise the customer that service is subject to
being disconnected on or after the forty-fifth day from the date the bill was issued if
payment in full is not received.
"(b) If payment for the delinquent bill has not been received in the utilities business
office prior to 8:00 a.m. on the date specified in the notice, the customer's water and gas
meters are subiect to being disconnected, locked, sealed or removed without further
notice.
~:\LEG-DIR\Lisa\ORD3\dec 2003 ubo.doc
-306-
Page 5 of 8
"(c) A late fee must be charged f customer does not make full payment by tho,
customer's next billing date. The late fee is five percent of the unpaid, overdue balance.
"(d) The customer's failure to receive the notice does not exempt the customer fro.~
payin.q the delinquent bill or havin,q the customer's service disconnected; provided that
the notice was re.qularly deposited in the United States mail, stamped and addressed
the delinquent customer at the address shown on the records of the utilities busines.,;
"(e) A service charge of thirty dollars ($30.00) per order must be paid if payment of tho
delinquency is not made in person at the utilities business office prior to 8:00 a.m., o~
the date which the customer has been previously notified that the customer's utility
service is to be disconnected due to failure to pay a delinquent bill in order to obtain ~
reconnection. The customer's failure to receive notification of date to be disconnected
does not exempt the customer from paying the service charqe. This service charge
necessary to cover all costs in handlinq and collecting a delinquent account. For all
meters reconnected after 5:00 p.m., and on Saturdays, Sundays and holidays an
additional charqe of fifteen dollars ($15.00) will be made and must be paid upon
reconnection.
"(f) Meters removed due to failure to pay a delinquent bill or service or penalty char,qe~
shall be replaced only upon payment of a fifteen dollar ($15.00) setting fee, plus an
additional tampering service charge. The payment must be made in person to the
utilities business office of the city.
"(.q) Meters, service connections, locks, valves or any other city property broken,
damaged or stolen while on the premises of the customer, or by the customer or
someone acting in behalf of the customer, will be charged to the customer at a fair price
based on the cost of the labor and materials necessary to repair or replace the
damages, destruction or stolen property. These charqes must be paid in person to the
public utilities office in order to authorize a reconnection of service.
"(h) The breakinq, damaf3in.q, adiustinq, chan~inch removal or takin.q of any meter1 pipe
service connection, lock, seal, valve or any other city-owned property shall be unlawful
and punishable as a misdemeanor. The tuminq on of any valve so as to provide service
from any utility service except by an authorized employee of the city is subject to an
additional twenty-five dollar ($25.00) tamperin,q service charge, unlawful, and
punishable as a misdemeanor under the Texas Penal Code."
SECTION 11. Section 55-51 of the Code of Ordinances is deleted.
,31R\Lisa\ORD3\dec 2003 ubo.doc
-307-
Page 6 of 8
.............. , ....... , ...... C; ................................ e.
SECTION 12. Section 55-62 of the Code of Ordinances is deleted.
t:\LEG-DIR\Lisa\ORD3\dec 2003 ubo.doc
-308-
Page 7 of 8
SECTION 13. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and effect for its purpose.
SECTION 14. A violation of this ordinance or requirements implemented hereunder
shall constitute an offense, punishable as provided in Section 1-6 of the City Code of
Ordinances.
SECTION 15. 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.
~:\. OIR~Lisa\ORD3\dec 2003 ubo.doc
-309-
Page 8 of 8
Samuel L Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
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:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the __ day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED, this the
ATTEST:
,2003 by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
__ day of
,2003.
Armando Chapa
City Secretary
APPROVED: L~ ~&~,~
Lisa Aguilar ~
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
,2003
~:\LEG~DIR\Lisa\ORD3\dec 2003 ubo.doc
-310-
31
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 12/9/03
AGENDA ITEM: An ordinance amending Section 4-5, Code of Ordinances, City of Corpus
Christi, regarding the location of establishments serving on-premise alcoholic beverages;
providing for severance; providing for penalties; and providing for publication.
ISSUE: The current ordinance needs to be amended to accurately reflect State laws
regarding the location of establishments serving alcoholic beverages that are intended for
consumption on the premises of the establishments. State law has been expanded to
include prohibitions against the location of on-premises alcoholic beverage establishments
within 300 feet of day-care centers, child-care facilities, and private schools unless the local
jurisdiction grants a variance allowing the establishment within the prohibited distance, and
State law has been revised to change the parameters of the distance measurements in
which on-premises alcoholic beverage establishments may operate.
Additionally, while the current ordinance allows the City Council to grant a variance to on-
premises alcoholic beverage establishments, the current ordinance does not provide an
adequate mechanism for notice to and a public hearing for the surrounding property
owners and affected entities when a variance is applied for by a proposed establishment.
REQUIRED COUNCIL ACTION: Approval of amendment to current ordinance.
PREVIOUS COUNCIL ACTION: None.
FUNDING: None required.
CONCLUSION AND RECOMMENDATION: Approval of amendmentto current ordinance.
R./J'~y F~ining /
Acting City Attorney
Attachments: None
-313-
AN ORDINANCE
AMENDING SECTION 4-5, CODE OF ORDINANCES, CITY OF
CORPUS CHRISTI, REGARDING THE LOCATION OF
ESTABLISHMENTS SERVING ON-PREMISE ALCOHOLIC
BEVERAGES; PROVIDING FOR SEVERANCE; PROVIDING FOR
PENALTIES; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 4-5 of the Code of Ordinances is revised to read as follows:
"Sec. 4-5. Prohibited location of on-premises alcoholic beverage establishments,
etc.
"(a) No person sh3!! may maintain a place of business for the dispensing and sale for
on-premises consumption of alcoholic beverages within the corporate limits of the city
within three hundred (300) feet of any church, child-care facility, day-care center, public
or private school, or public hospital.
"(b) The ~istance between any such place of business that
dispenses and sells alcoholic beverages for on-premises consumption and a church,_
child-care facility, day-care center, or public hospital cbc11 must be measured-aleng-the-
...... ;,,* ..... *; ...... ~-'--'- *~- ......... under Section 109.33 and 109 331. Texas
Alcoholic Beverage Code.
"(c) The ~istance between any ouch place of business that
dispenses and sells alcoholic beveraqes for on-premises consumption and a public or
~..,~.. must be measured ...... t~'c
private school ~-h.,. ~"'~'~ . ......... ~.. v~.v..~ ........... ~. .....
..... ~ ................... ~ ........... ~CFC~ ;~;~ '~'~'~ ~" ~"~
Sections 109.33, Texas Alcoholic BeveraRe Code.
"(d) Any such establishment, which receives -*
less than fi~ (50) per cent of its gross ~receipts from the sale or se~ice of fccd_
alcoholic beveraRes and holds a food and beveraRe cedificatb issued by the Texas
Al oh Ii Be are Commission whi h ..... ;~-
c o c var . , c ~ ................
,.,~ ..... + ........ ~ ~;*- dc -~* ~-~-* ...... ~';~ ~*-~* -~" be is excluded from the
........ m this section.
prohibition ~--~- '
"(e) As to any dealer who held a license or permit on September 1, 1983, in a location
where a regulation under this section was in effect on that date, the measurement of the
distance between the place of business of the dealer and a public school shall be along
the property lines of the street fronts and from front door to front door, and in direct line
across intersections. This subsection applies only as long as the place of business is
R30542A3.doc
-314-
continuously in operation from th=t dato September 11 1983, whether or not under the
same license or permit.
"(f) The city council may, upon application of a business regulated-herein under this
section, allow a variance to the regulation if the council determines that enforcement of
the regulation in a particular instance is not in the best interest.of the public, constitutes
waste or inefficient use of land or other resources, creates an undue hardship on an
applicant for a license or permit, does not serve its intended purpose, is not effective or
necessary, or for any other reason, after consideration of the health, safety, and welfare
of the public and the equities of the situation, determines it is in the best interest of the
community.
"(.q) Before .qrantinq a variance under subsection (f) of this section, the City Council will
hold a public hearing to receive input from the public on the requested variance. The
City Secretary shall publish a notice of the public hearing in the newspaper at least ten
(10) days before the hearinq date. Written notice of the public hearing before the City
Council on the requested vadance must be sent to the owners of real property within
300 feet of the property on which the variance is requested. Separate notices must be
sent to any church, child-care facility, day-care center, public or private school, or public
hospital located within 300 feet of the property on which a variance is requested and to
the superintendent of the school district in which the property requesting the variance is
located. The notice may be served by its deposit, properly addressed with postaqe
paid, in the United States mail.
"(h) The applicant for the variance must reimburse the City for the costs of publishing
the notice in the newspaper and mailin.q the written notice to surroundinq property
owners, churches, child-care facilities, day-care centers, public or private schools,
public hospitals, and school district superintendents before the public hearinq is held."
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and effect for its purpose.
SECTION :3. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SECTION 4. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
R30542A3.doc
-315-
32
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Update on Landfill Operations Request for Proposals
STAFF PRESENTER(S):
Name
Title/Position
1. Ron Massey
2. Jeff Kaplan
3. Lawrence Mikolajczyk
ACM
Director
Asst. Director
Department
Public Works
Streets & Solid Waste
Solid Waste Serices
OUTSIDE PRESENTER(S):
Name
Title/Position
Organization
ISSUE:
BACKGROUND: Staff will update City Council on the progress of negotiations
for the operations of the City landfill
REQUIRED COUNCIL ACTION:
Additional Background []
Exhibits [~
~ ~ ~_____
(D~:~a~er~ Head' Signature)
-319-
y a
S..�pam
,,,jf'�1k�i � n �t 9"`s �.�il't'/ d?!,$� `. •Y rrye xe � � •
0
w
N
N
• Prior to 1995
• Regional
State
Then
landfills were recommended by
• No permit time limits
• JC Elliot was the regional landfill
• Acquisition & Permitting of Cefe
W
N
W
Now
W--
e
Moving away from regional landfill concept
• Legal challenges
EI Centro landfill open
• Revenue has decreased
• Estimated remaining life of JC Elliot is 3.5
years
W
N
A
RFP Objectives
• Public/Private partnership
• Cost benefits
• Expertise
• Maintain revenues
• Offer City alternatives for landfill operations
I
Request for Proposals
�7
• RFP sent to top 20 local and out of town firms in
the industry- September 6, 2002
• Bid Conference- September 26, 2002
• Bids Received- October 11, 2002
— 3 Vendors submitted proposals
• Bids Reviewed - October 11-25, 2002
Negotiation Team ED
• City committee established to include Ron
Massey, Mark McDaniel, Jeff Kaplan, Lawrence
Mikolajczyk, Jay Reining & Kevin Stowers
N
• Proposals were evaluated and scored
• Oral Interviews were given to all vendors
• Committee chose the proposal submitted by
Browning Ferris, Inc
Negotiation Update ED
• Series of meeting to discuss options
W
• City negotiated with BFI to operate the landfill
- City retains full authority and control
• Proformas developed to evaluate 21 scenarios
• Committee narrowed down options to 3
Current Options ED
1. City Laterally expands the JC Elliot landfill
■ City pays for expansion
■ Contract with BFI for landfill operations
I 2. City negotiates landfill space at EI Centro for a period
CION
of time after JC Elliot closes, delays development of
Cefe (sale of Cefe is an option)
3. Constructs and develops Cefe landfill and transitions
over when JC Elliot closes
■ City operates and develops facility
■ Contract with BFI to operate and develop facility
9
Option 1 includes
For City:
— City develops
— City operates
— No Guarantee of
BFI tonnage
— City sets rate at
gate
— No transfer station
• For BFI
u
— City develops
— BFI operates
— Guarantee tonnage
— City sets rate at
gate
— No transfer station
Option 1- JC Elliot Expansion
$6,600,000
$5,600,000
$4,600,000
$3,600,000
W
$2,600,000
$1,600,000
$600,000
Fee Increase
P �l• 0 h 6 1 p p O N 0. OJ
0 0 0 0 0 0 0 0 0 0 ,^ ^ ,� ,N
4
ewe0 -lp� OptielyeVeIVesvekebeAew�kNS��ti
City Revenue -A- City Proposal BFI Proposal
11
Option 2 includes
For City:
— Develops and
operates transfer
station
— No Guarantee of
BFI tonnage
• For BFI
— City develops and
operates transfer
station
— Guarantee tonnage
— Option to purchase
payment of $125K
Option 2- EI Centro Disposal
$6,600,000
$5,600,000
$4,600,000
$3,600,000
w
W
N $2,600,000
$1,600,000
$600,000
ooj 00 0^ o� 4z;h off` Oh opo 01 0o 0 '`O N^ 0
Ib' O' O' ►�' �,' �' D�' h' �o' 1' O O' O' N' �►'
yo y0 yo yo yo yo yo yo yo yo yo yo y^
N ^
yy
Q F �
-*- City Revenue -*- City Proposal -*- BFI Proposal
0
Option 3 includes
• For City:
— Develops and
operates transfer
station
W — Develops and
W
operates Cefe
— No Guarantee of
BFI tonnage
— Continue to
operate JC Elliot
until it closes
• For BFI
— City develops and
operates transfer
station
— Develops and
operates Cefe
— Guarantee tonnage
— Operates JC Elliot
until it closes
Option 3- Cefe Development
$6,600,000
$5,600,000
$4,600,000
Fee Increase
W
$3,600,000
W
$2,600,000
$1,600,000
$600,000
o°oh ArO
�°��•y°�� -1 4° .0� °�-l444;0 U's J°- 4° 41 -l``-1
F ek F lk 1� X ek F
-+- City Revenue -k- City Proposal -*- BFI Proposal
Possible Fee Increases
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$0
(BFI Operations)
Option 1 Option 2 Option 3
❑ FY04-05 ■ FY06-07 ■ FYI 0-11
Possible Fee Increases
$3,000,000
$2,500,000
$2,000,000
W
W
$1,500,000
$1,000,000
$500,000
$0
(City Operations)
Option 1 Option 2 Option 3
❑ FY04-05 ■ FY06-07 ■ FY10-11
w
W
City Operates Landfill ED
Pros
— City has increased
operation efficiency to
lower their cost
— City retains complete
control of landfill
• Cons
— City can not guarantee
tonnage alone
— Capital and equipment
cost funded
exclusively by City
— Sole liability for landfill
development and
operations/ TCEQ
BFI Contract to Operate £D
• Pros
- Largest Landfill
operator in Texas
- Maintains a
010 consistent tonnage
and revenue stream
— Reduced capital and
equipment costs
— Shared liability in
landfill development
and operations/TCEQ
I
• Cons
— Local perception with
regards to maintaining
a competitive market
— Long term contractual
commitment with it's
associated complexity
— City pays tipping fee in
all options
w
W
Conclusion
Option 1 provides
— Shortest contract term
— Lowest decrease in revenues
— Smaller fee increases over term
— Provides for competitive market
— Allows for exploring other options in future years
W
A
O
Additional Action ED
• Increase tonnage in current permit
• Pursue permit for JC Elliot expansion
• Finalize contract with BFI
• Make provisions for alternative disposal site
• Initiate actions to establish transfer station at
JC Elliot
C
33
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: December 9, 2003
AGENDA ITEM: Waiving the 60-day waiting period and publication of legal notice;
renaming the park at 701 St. Plus Drive from Meadowbrook Park to Dan Whitworth Park;
and providing for severance.
ISSUE: The City has established a formal policy for naming parks and recreation facilities.
The City has received a renaming request from the Park and Recreation Advisory
Committee for Meadowbrook Park located at 701 St. Plus Drive.
BOARD/COMMITTEE REVIEW: The Park and Recreation Advisory Committee voted
unanimously at their November 19, 2003, specially-called meeting to recommend that the
City Council consider waiving the 60-day waiting period and the newspaper publication for
this renaming request related to Meadowbrook Park. The Committee is also asking the City
Council to approve the requested renaming of the park as Dan Whitworth Park.
REQUIRED COUNCIL ACTION: The City Council must approve the naming of all City
facilities, parks, and recreation facilities and that process is finalized by the adoption of an
ordinance.
CONCLUSION AND RECOMMENDATION: It is recommended that the renaming of
Meadowbrook Park as Dan Whitworth Park be approved and the waivers granted as
requested.
David Ondrias, Acting Director
Park and Recreation Department
Attachments:
Map
Drawing of park sign
Copy - Request for Naming of Parks and Facilities
Copy - Council Policy Information
-343-
BACKGROUNDINFORMATION
In February of 2002, a similar ordinance and waiver was approved by the City Council,
requested by the Park and Recreation Advisory Committee, in the renaming of Gypsy Park
as Don and Sandy Billish Park.
-344-
St, Pius Dr.
adowbrook Park
N
AIrd en Dr.
St, Plus X Catholic Church
-345-
-346-
REQUEST FOR THE NAMING
OF PARKS AND FACILITIES
PARK AND RECREATION DEPARTMENT
CITY OF COPRUS CHRISTI, TEXAS
- l~-Typu u~afu~ u[ i'acilily (park;building; pool, etc.): Park
Currently named, Meadowbrook Park
2. Location: 701 St. Pius - Meadowbrook and St. Pius
3. Suggested Name: Dan Whitworth Park
4. Please describe why you feel this name to be appropriate.
He was well known in our community as Dan Whitworth.
It will be a symbolic leqacy to honor his career includinq his term as Director of
Park & Recreation.
The park is located adiacent to St. Pius Church where Dan was a proud member.
Dan's family, friends, and collea.ques support this request.
5. Name and address of person making request.
Name: Park & Recreation Department
Address: 1201 Leopard St., Corpus Christi, TX 78401
Phone: 361 880-3464
6. Do you represent an organization with respect to this request? yes
If'yes', name organization: Park & Recreation Department
7. Date of this request: November 12, 2003
FOR OFFICE USE ONLY:
Request: Approved Rejected __ Tabled
Date of Council Action
Legal Notice -
Newspaper
Notice to Appropriate Councilmember
Public Notice -
Neighborhood
-347-
COUNCIL POLICIES
§6
due deliberation act in the best interest of all the citizens.
Council Membe~ and the Mayor .qhnll be referred to by
title and/or t/fie w/th sul'~*me.
k. All remarks shall be addressed to the Mayor and City
Council and not to the Council Members as individuals.
1. Citi~l are authorized and encouraged to present their
viewa to the Council on agenda action items, or during the
petitions pm-t on nan-agenda City-related mattors. How-
ever, such should be done in a factual, predse presentation
boisterous, profane, or obscene language or b~hAvior ia not
allowed.
m. Persons in the immediate vicinity of the City Council while
in session shall refrain from any disturbing noise, damon-
stration, or other act disrupting to the City Council busi-
These rule~ are not meant ttrr~train a cit/ze~'a fi~t amendment
(Res. No. 21901, § 1, 3-22-94)
6. Nomlng of City parks and rem~a~onml ficilities.
A fo,,~i policy fur .,,.mi.,_~ of lXU'ka and z~'~t~,
tho City of Corpus Christi is berry adoptod, ami tha
Ihf*l! be as follows:
A. Donat/ons. Upon donation of at least 51 percent of the
value of a park er ~rk fa~h'ty and ut~
of the Park and Recreation Advia~-y Committee, the City
Council ,~-y ~-,~e the park or park fm:flity as the dona~-~
B. Subd/vtsion D.~;,--,~-~. Park land r~ived through dedi-
cation undm' the Oit'y's Plating Ol'~*,...,,'- ~,i~m11 be named
~ tim Pa~ a~l Rec~eafian Ad.ism? C~,~it~ee. N'o ~--
C. Nmme ~,~e. The City of Co~a ~ ~scom-a~s
pro~ whereby the -~.e of a park or park facility
Supp. No. $1 139
-348-
§6
CORPUS CKR1STI CODE
the Park and Recreation Advisor~ Committee w/Il consider
the request. The naming of an ,lnn~ned new park or park
facility is preferred and is recommended. The following
definitive steps shall be taken regarrlin~ a proposed name
change.
(1) Persons, groups, or organizations des/rlnS the
(5)
In the event th~ reqnsst ia ~ by the Board,
City
(6)
If approved, the Park and R~reation Department
140
-349-
COUNCIL POLICIES
§9
shn!l a~nge suitable r~nnmlng ceremomes. Costs
~a~ ~ ~pnmin~ c~es ~d ~e pro~-
sio~ of m~ke~, pinqu~, or memon~ sh~ be bo~e
by the en~ pro~smg ~e n~e ch~ge.
D. Specml Co~~. ~ ~mg ~ ~er m~du-
~, co~idera~ may ~ ~v~ ~ ~o~ ~g or den&
S~ co~id~on ~hnll ~ ~ ~ ~e con~bu~o~
~e ~on ~ ~de m ~ Ci~, S~m, or Co~. A
fa~W or p~k may n~ ~ n~m~ ~ ~ m~d~
~fly m pu~c offi~ ~ ~ ~ ~ emplo~ of a
l~ ~~ j~ A ~ w~ng p~
~r ~on ~m p~Hc o~ ~ m~p~ employ-
m~t ~ ~d~ ~. N~ ~a~ ~
d~omlna~o~ ~ ~ne~y not ~ favorably c~d~
~s ~e ~ of dona~on apply. ~put ~m n~r-
(~. ~o. 21~1, ~ 1, ~-~)
?. N~ming of streets.
The City Council hereby establi~h~ a policy of declining to
~h~-~ the aames of street~ in the City of Corpus Christ/except
(F2s. No. 21901, § 1, 3-22-94)
8. N,,,,,{,,,_~ of City
Filial dedsion~ regard{-_o the ..m{n~ of City fadlities .h.l! be
the decision of the City Counc/1. Th~ City Council may request
l'~:omme~l~tiOllS fi'om City Bo{~, C~mmim-~ion~, Committ, ee~,
ar other advisory bodies.
(Res. No. 21g01, § 1, 3-22-94)
9. Community Development Block Grant
Through the Community Development Block Grant Program,
the City Coundl prov/~ for the developmmt and preservat/m af
a viable urban comw-nlty, a su/table living environment, decent
houmng and expanded econom/c opportunities, principally for
persons of low and moderate income, and aids in the preventim
Supp. No. 51 141
-350-
AN ORDINANCE
WAIVING THE 60-DAY WAITING PERIOD AND PUBLICATION OF
LEGAL NOTICE; RENAMING THE PARK AT 701 ST. PlUS DRIVE
FROM MEADOWBROOK PARK TO DAN WHITWORTH PARK;
AND PROVIDING FOR SEVERANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Pursuant to Policy No. 6 of Council Policies, Resolution No. 21901,
adopted March 22, 1994, upon unanimous recommendation of the Park and Recreation
Advisory Committee, the City Council waives the 60-day waiting period and publication
of legal notice.
SECTION 2. The name of the park at 701 St. Plus Drive, currently known as Meadow-
brook Park, is hereby renamed Dan Whitworth Park.
SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section, para-
graph, subdivision, clause, phrase, word or provision of this ordinance, for it is the def-
inite intent of the City Council that every section, paragraph, subdivision, phrase, word
and provision hereof shall be given full force and effect for its purpose.
-351-
34
RESOLUTION
SUPPORTING THE PEARL HARBOR SURVIVOR ASSOCIATION
CHAPTER 5, CORPUS CHRISTI, TEXAS' REQUEST TO NAME THE
U.S. 181 HIGHWAY BRIDGE OVER THE CORPUS CHRISTI SHIP
CHANNEL AS THE "REMEMBER PEARL HARBOR MEMORIAL
BRIDGE"
WHEREAS, the City has received a request from the Pearl Harbor Survivor Association
Chapter 5, Corpus Christi, Texas' to name the U.S. 181 highway bridge over the Corpus
Christi Channel the "Remember Pearl Harbor Memorial Bridge;"
WHEREAS, the U.S. 181 highway bridge over the Corpus Christi Channel is owned and
controlled by the Texas Department of Transportation, and the City of Corpus Christi
does not have the authority to name the bridge; and
WHEREAS, the City of Corpus Christi believes it is appropriate to honor the 2,409 men
and women who gave their lives and the 1,178 men and women who were wounded on
that Day of Infamy;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The Mayor shall notify the Texas Department of Transportation that the
City of Corpus Christi endorses and supports the initiative of the Pearl Harbor Survivor
Association Chapter 5, Corpus Christi, Texas' to name the U.S. 181 highway bridge
over the Corpus Christi Channel the "Remember Pearl Harbor Memorial Bridge."
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 12th day of December, 2003.
R. y eining
Samuel L. Neal, Jr.
Mayor
R30551Al.doc
-355-
35
AGENDA MEMORANDUM
DATE: December 16, 2003
SUBJECT: To Allow for the Bike Tour Around the Bay Event sponsored by the
C.C. Chamber of Commerce/Texas A&M University Tarpon Foundation and to allow for
similar events in the future
AGENDA ITEM: Ordinance amending City Code Section 11-8: Ridin~
Pedestrian Walkways or Portions of New Ship Channel Bridge to allow for the C.C.
Chamber of Commerce/Texas A&M University Tarpon Foundation Bike Tour Around the
Bay Event for September, 2004 provided specified conditions are met.
ISSUE: The amendment to the ordinance as specified in the City Code requires Council
approval for this event.
CONDITIONS: The City agrees with this bicycle event provided the following conditions are
met and implemented.
1. Prepare a Traffic Control Plan (TCP) and submit to TxDOT and City for review.
2. Complete implementation of the TCP as reviewed by TxDOT and City of Corpus
Chdsti.
3. Hire and pay for a qualified contractor to set out all the traffic control devices on
roadways within TxDOT right of way and City right-of-way;
4. Pay for the police overtime;
5. Prohibit support vehicles (chase Vehicles) from stopping or delaying traffic on the
bddge or causeway except to pick up injured bicyclist or non-functional bike;
6. Require all participants to use helmets;
7. Require contracted medical emergency vehicles to patrol route;
8. Require minimum age of participants to be 16 years or older for the 65 miles Bay
Tour;
9. General Liability insurance $1,000,000 minimum limit.
10. City and TxDOT to be named as additional insured. Waivers are required to be
signed by each participant. Waiver form will state that City and TxDOT are to be
indemnified.
11. Participant waiver form to be reviewed and approved by City prior to printing.
RECOMMENDATION: Staff recommends approval of the ordinance with the specified
conditions as presented.
Additional Support Material:
Exhibit "A' Background Information
Exhibit "B" TxDOT Approval Letter
Exhibit "C' Presentation
'Angel R. Escobar, P. E., f /
Director of Engineering Services
K:~O~IE[YN[~ ~GE N~treets~il~ .mUlld ~]e ~ayli~EMO doc -359-
BACKGROUND INFORMATION
SUBJECT:
To allow for the Bike Tour Around the Bay Event Sponsored by the
C.C. Chamber of Commerce/Texas A&M University Tarpon Foundation and
to allow for similar events in the future.
BACKGROUND: The C.C. Chamber of Commerce/Texas A&M University Tarpon
Foundation proposes two bicycle events tentatively scheduled concurrently in September,
2004 during the Bayfest weekend.
The first event consists of a 65 mile bike event to begin near the intersection of Chapparral
and Hirsch, Bayfront Plaza, onto the US 181 Harbor Bridge, through the City of Portland,
on to Ingleside, Aransas Pass, Port Aransas, on the Ferry across the ship channel and on
to Mustang Island, along S.H. 361 and onto the JFK Causeway through the Naval Air
Station and onto Shoreline Blvd/Ocean Drive to return to the Bayfront Plaza.
The second event consists of a 25 mile route from the Bayfront Plaza along Shoreline
Boulevard and Ocean Drive to the Naval Air Station North Gate and back.
The City Code Section 11-8: Riding on Sidewalks, Pedestrian Walkways or Portions of
New Ship Channel Bridqe specifically declares it unlawful for any person to ride a bicycle
u pon any pedestrian walkway, sidewalk or vehicular portion of the ship channel bridge, any
freeway or other limited access street or roadway within the City.
PRIOR BIKE EVENTS: A prior Bicycle event was approved by Council across the Harbor
Bridge as follows:
Auqust 11, 1987--Resolution No. 19893--Closing one Lane of Traffic for a Bicycle Race
sponsored by the Corpus Christi Bicycle Club from 7:00 a.m. to 7:30 a.m. on September
13, 1987 along the east lane of the North Bound portion of Ocean Drive, Shoreline
Boulevard, I.H. 37 Harbor Bridge and Nueces Bay Causeway.
COUNCIL ORDINANCE:
The City Code Section 11-8: Ridinq on Sidewalks, Pedestrian Walkways or Portions of
New Ship Channel Bridqe specifically declares it unlawful for any person to ride a bicycle
upon any pedestrian walkway, sidewalk or vehicular portion of the ship channel bridge, any
freeway or other limited access street or roadway within the City.
Currently City Ordinance prohibits bicycle traffic on pedestrian or vehicular walkways. This
agenda items is proposing to amend the current ordinance to allow special events involving
bicycle traffic to use those previously restricted roadways and Harbor Bridge subject to
approval by the City Traffic Engineer or his designee and the Police Chief, or his designee.
-360-
EXHIBIT "A"
Page I of 2
TxDOT POSITION:
The TxDOT District Office has issued a letter in response to the proposed event that offers
no objection to the use of State right-of-way at the various locations identified for this
event. The letter further states that the use of State right-of-way will be at the risk of the
event organizers and that TxDOT does not assume liability for any injuries or damages to
person or property arising from such use.
CITY STAFF:
The staff's position is to review the proposed plan for placement of traffic control devises
and to require revisions as needed. The City will not issue an approval but rather a
statement of no objection similar to TxDOT's.
H:IHOME~LYNDASIGEN~SIreets/Bike around ~he ~ay~BKGRound.doc
-361-
EXHIBIT "A" ]
Page 2 of 2
Texas Department of Transportation
P.O. BOX 9907 · CORPUS CHRISTI, TEXAS 78469-g907 ,, (361) 808-2300
December 9, 2003
Corpus Christi District
RE: Bike around the Bay
Ms. Gretchen Arnold
Corpus Christi Chamber of Commerce
Texas A&M U~versity-Corpus Christi
Tarpon Foundation Bike Around the Ba3
311 S. Momingside
Corpus Christi, Texas 78404
Dear Ms. Arnold:
In accordance with your letter of November 17, 2003, thc Texas Department of Transportation
offers no objection to use State fight-of-way at the various locations stated in your letter
(attached) for your group's September 24, 2004 "Bike around the Bay" bike tour. We reviewed
your submittal package, and we are recommending some minor changes to your submittal
package. Iv~r. Martin Horst will be coordinating with you on this matter. If temporary signs are
needed for the event and are placed on State right-of-way, there will be a need to coordinate
temporary signing with our Office. I have enclosed Form 2057 'IJse of State of Texas Right of
Way for Temporary Signs for Special Events" that must be completed and received at our office
at least 7 days prior to proposed use on the right or way.
You are hereby advised that the use of State right-of-way will be at your own risk and that
TxDOT does not assume liability for any injuries or damages to person or property arising from
the use of said State right-of-way. Furthermore, it will be your responsibility to coordinate with
the necessary law enforcement agencies as necessary and provide all traffic control accordingly.
We will continue to work with City Engineering and the Bicycle Event Planning Committee in
support of this event. If you should have any additional questions or comments you may contact
Martin C. Horst, P.E., Corpus Christi Area Engineer at (361) 808-2261 or myself at (361) 808-
2224.
Director of Maintenance
VP:ag
cc:
Paula Sales-Evans, TxDOT Interim DE
Martin Horst, Tx.DOT Area Engineer
Skip 1%¢, Corpus Christi City Manager
An Equal Opporluniry Employer EXHIBIT "B"
-362- Page 1 of 5
12109/03
rUE 16:0,1 FAX 361 808 2245
CRP PERMIT
[~002
November 17, 2003
A~8~I E.~obar
Director, E~gineering Services
City of Corpus Christi
P.O. Box 9277
Corpus Christi, TX. 78469
Dear Mr. Escohar:
Enclosed please find the Traffic Control Plan (TCP) for a bicycle event taking place
Saturday, September 24, 2004. The event will begin at 7:00 a.m and conclude by 2:00
There are two routes associated with this event; one rome/hat is 65 miles in length and
encompasses Corpus Christi Bay via the Harbor Bridge, Portland, Ingleside, Aransas
Pass, Port Aransas, Mustsng Island, Padre Islsnd. NAg and Ocean Dr. and another route
that is 25 miles in length, traveling south on Ocean Dr. to NAS, and back.
The enclosed TCP includes a text version of each route including specific traffic
w*n*g~ment details, an overall map of each route, blow-up maps of route areas of
specific interest, and associated TxDOT traffic management design plans and standards
for areas of specific interest.
Extensive planning and preparation in th~ development of the TCP h~g taken place and
involved representatives fi.om event planning group, Texas Department of Transportation
(TxDOT), Corpus Christi Police Department (CCPD), and City of Corpus Christi
Engineering Services and Traffic Engineering. The Transportation Advisory Committee
Cl'AC) approved the event in concept at the October 27, 2003 me~ting. The enclosed
plan bas been aEproved by Martin Horst with Tx. DOT, and Capt. Robert MacDonald with
CCPD. ' - ' -
I am requesting that you approve the enclosed TCP for the event so that a City Counc/l
approval for December 9, 2003 can be secured.
Respectfully Submitted:
Event Planning Committee
EXHIBIT "B"
Page 2 of 5
-363-
12/09/03 TUE 16:05 FAX 361 808 2245
~RP PER,lIT
OO3
Fon~ ~57
Application for Use of State of Texas Right of Way
for Temporary Signs for Special Events
Please print or ~ inforrna~on
Date:
To the Texas Deparlment o! Transportation {TxDOT)
c/o Area Engineer , Texas
This form must be received et least 7 days prior to proposed usa on the right of way.
Applicant
sign ~ihin the right of way of Highway
Location
proposes to place a
in County, Tex~s.
[~ Check and submit the Information on the Supplemental Sheet.
hera
for
placement
of
multiple
signs
requested
The temporary structure/vehicle will be plsced feet from the roadway and will have
the following characteristics:
Mounting Height Thlcknes~
Sign Dlmrmslons (Height, Width, Length)
Sign Material
Sign Support Dimensions
Sign Supporl Material
Proposed Text
Background Color
The right of way will be used FROM DATE
(maximum o~ 60 days) and the nature of the event I$
Legend Color
TO DATE
The sponsor of the event, if applicable, is
I will avoid or minimize impacts, and will, at my own expense, restore or repair damage resulting from this event.
I will be responsible for any damages or accidents that may occur dudng the term of this permit and save TxOOT and
the State of Texas harmless.
I will abide by all applicable federal, state and local environmental laws, regulations, ordinances, and any conditions
or rosbtctions required by TxDOT to protect natural and cultural resources of the dght of way.
If this event causes hazardous traffic conditions to develop, I will cease the activity until corrective measures have
been Implemented.
It is expressly understood that TxDOT reserves the right to enforce the terms end conditions that it may deem
necessary for the protection of the transportation facility and salety of the traveling public.
By signing below, I agree to the conditions/provisions included in this application. I am authorized to sign on the
behalf o! the organization holding the event.
Applicant Mailing Address
By
Tllfe City, State Zip
Signature Ares Code Telephone Number
EXHIBIT "B"
-364- Page 3 of 5
12/09/03 TUE 16:05 }'AX 361 80b 2245 CRP PER/lIT ~004
Approval
Name of Ap~i~ent
Control N~xnber Section
Highway Number County
Stm't Date of Agreement Termination Date of Agreement
Signs must be constructed of heavy cardboard, ptsst~c, fabric mesh or plywood, no thicker than ~ inch.
An approved sign must not:
· exceed 16 square feet in placed on the roadside to inform the traveling public;
· exceed four square feet if used to guide pertlctpants in a bicy~e or pedestrian event;
· extend more than three feet beyond the pavement edge ii' the sign I~ a banner; or
· imitate or resemble any official traffic sign, signal, or device.
An approved sign may not be placed:
, in a location where it may prevent the ddver of a vehicle from having a clear and unobstructed view of official
signs and approaching or merging traffic;
· on any highway appurtenances, inclu~ng, but not limited to bridges, traff'~ control devices, official signs, sign
supports, and light standards, polos, and delineators;
· on a tree or other natural feature;
· less than 18 ½ feet (clear) above the pavement If the sign is a banner placed over the pavement; or
· closer to the pavement edge than official highway signs, except for those signs used to guide participants in a
bicycle or and pedestrian event.
Tx'DOT reserves the right to remove a sign if it becomes a hazard due to thciement weather, inadequate
maintenance, accidents[ damage, or other hazardous cause. A sign approved for tempore~ use may not be erected
more than 24 hours prior to the event. However, if the sign Is a banner it may be installed no more than 30 days prior
to the event.
It is undemtood that a sign must be removed within 24 hours of the completion of the event; except banners shall be
removed within seven days of the compieifon of the event. A speelal event sign not removed within the allotted time
is subject to removal by TxDOT and the applicant Is liable for removal and disposal costs.
It la expressly understood that TxDOT does not purport, hereby, to grant any right, claim, title, or cesemerri in or upon
this highway. In the event the party fails to comply with any or all of the requirements as set forth herein, the approval
may be revoked and TxDOT may take approp~ate action.
Name of TxDOT Represemative Address
Title
Signature, TxDOT Representative City, State Zip
Date of Flnsl Approval Area Code Telephone Numbed
EXHIBIT "B"
Page 4 of 5
-365-
12/09/03 TUE 16:05 FAX 361 80~ 2245 CRP pEF, MIY ~uua
.., - Form20,.*~ (W3001)
Supplemental Sheet
Application for Permit Use of State of Texas
Right of way for Temporary Signs
This temporary sign will be placed feet from the edge of the roadway and will have the following characted, sti~:
Mounting Height Thlckneee
Sign Dimensions (Height, Width, Length)
Sign Material
Sign Support Dimensions
Sign Support Material
Proposed Tex~
Benkgmu~Cotor
'l~te temporary sign will be placed
Mounting Fleight
Sign Dimensions (Height, Width, Length)
Sign Material
Legend ~olor
feet from the edge of the roadway and will have the following characteristics:
Tniclmess
Sign Support Dimensions
8~n Support Materi~
Proposed Text
Background Co~or
This temporary sign wilt be piaced
Mounting Height
Sign Dimensions (Height, Width, Length)
Sign Material
Legend C~or
feet from the edge of the roadway and will h~ve the following ~haracterlsflc~:
Thickness
Sign Support Dimensions
Sign Support Material
Proposed Text
Beckgmund Color
This tempofar,/sign will be placed
MounUng Height
Sign Dimensions (Height, Width, Length)
Sign M~terial
feet from the edge of the roadway end will have the following characteristics:
Thk:kness
Sign Support Dimensions
Sign Support Material
Pmposed Text
Background Color
This tempomr7 sign will be placed
Mounting Height
Sign Dimensions (Height, Width, Length)
Sign Material
Thickness
Sign Supppd Dimensions
Sign Support Material
Proposed Text
Sackground Color Legend Co{or
EXHIBIT "B"
-366- Page 5 of 5
ORDINANCE
AMENDING THE CODE OF ORDINANCES SECTION 11-8,
RIDING ON SIDEWALKS, PEDESTRIAN WALKWAYS OR
PORTIONS OF NEW SHIP CHANNEL BRIDGE, BY MAKING AN
EXCEPTION FOR APPROVED SPECIAL EVENTS; PROVIDING
FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI:
SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by
amending Section 11-8, Riding on sidewalks, pedestrian walkways or portions of
New Ship Channel Bridge.
CHAPTER 1
BICYCLES
Sec. 11-8. Riding on sidewalks, pedestrian walkways or portions of New
Ship Channel Bridge.
(a) It shall be unlawful for any person to ride a bicycle upon any sidewalk in an
area zoned B~5 or B-6.
(b) It shall be unlawful for any person to ride a bicycle upon any pedestrian
walkway, sidewalk or vehicular portion of the ship channel bridge, any freeway or
other limited access street or roadway within the city except during special
events that have been approved, with conditions, by the City's traffic en.qineer, or
designee, and the City's chief of police, or designee.
(c) Pedestrians shall have the right-of-way over any bicycle and persons riding
bicycles.
SECTION 2. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it shall not
affect any other section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof
be given full force and effect for its purpose.
-367-
SECTION 3. Publication shall be made one time in the official publication of the
City of Corpus Christi as required by City Charter of the City of Corpus Christi.
-368-
L
-i Chamber of Commerce
A&M UniversityTappan
w In
ion Bicvc e Event
o take place Saturday, September 25,
In conjunction with Bayfest.
`went will begin and end at Bayfront
= Plaza/Visitor Center area.
b aY�.I
l�l�/
owl Bike -Route
h
The event seeks
tourist dollars
to Corpus Christi.
-he riders and their family members, as well as friends and spectators
--will, stay in local hotels/motels, dine at area restaurants, visit local
attractions, shop in the Corpus Christi area, and boost the attendance
at Bayfest. Entry discounts to area attractions such as the Lexington
and Texas State Aquarium will be distributed to the participants and
their families.
�j
E�
The event seeks
tourist dollars
to Corpus Christi.
-he riders and their family members, as well as friends and spectators
--will, stay in local hotels/motels, dine at area restaurants, visit local
attractions, shop in the Corpus Christi area, and boost the attendance
at Bayfest. Entry discounts to area attractions such as the Lexington
and Texas State Aquarium will be distributed to the participants and
their families.
0*10ur
CQ,,.%,Munity4,s--?Obing
m.
rivin to become "the" place to be for eco -tourism and
)nal get-aways as evidenced by:
'Games
birding flight path and bird watch�� ;;.,
El—
i to Bay SIN
"Fishing
i
w
v
cn
ed Economic ImpaJ�,-
gg
an
rpast, similar events, 2,250 of the riders will be fi-om out of
visitor is expected to stay two days and two nights in local
r:t
`s/motels with nightly room rates averaging $75 for a double.
eluding accommodations, each visitor is expected to spend about
$50 a day in the city.
An estimated 90% of visitor expenditures will be subject to sales tax.
Wi
i � 5
�i
:.� ' •Tip ��': ��'
'Total
Ped cteEconomicl,pct
V
►m nights at local motels
Pri nding in the community:
tion Fees
is >
Vorate Sponsorship Solicited
tail, spending by visitors (spectators and riders)
ending by visitors on accommodations
4,500
4,500
$ 62,500
$ 200,000
$ 450,000
$ 337,500
$1,050,000
'4
imoor••V
forl event w, ito
orpus �r`ist- amber of Commerce
Texas A&M University -Corpus
Christi Tarpon Foundation - A
Scholarship fund for student athletes.
Ing bicycle activity on Harbor Bridge
rnber 2004,
r
What Next:
--•Corporate sponsorship solicitation
*Marketing event
•City Council update in late Spring 2004
36
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: December 16, 2003
AGENDA ITEM: (Case: 0603-04, Paul S. Vera)
Item A:
Case No. 0603-04, Paul S. Vera: A change of zoning from a "R-lB' One-family
Dwelling District and a "B-I" Neighborhood Business District with a Special
Permit to "B-4" General Business District on Laguna Acres, Block 1, Lot 12 and
a portion of Lot 11, located at the southeast comer of Home Road and Teresa
Street.
ISSUE: Since the applicant, Paul S. Vera, had not met the conditions of the first Special Permit
granted on the subject property, Council tabled action on the pending Special Permit on August
26, 2003 and again on November 18, 2003. The tabled dates were to allow Mr. Vera time to
bring his property into compliance with all City Codes and Special Permit conditions. On
November 18, 2003, City Council tabled the case and extended the compliancy date to December
16, 2003 and directed staff to indicate whether the applicant is compliance with all requirements.
Neighborhood Improvement and Development Service staff inspected the property for
compliancy on December I0, 2003 and found all conditions to be met.
REQUIRED COUNCIL ACTION:
Denial of the "B-4" General Business District and in lieu thereof, approval of the "R-lB" and
"B-I" District with a revised Special Permit for an auto repair use subject to ten (10) conditions.
PREVIOUS COUNCIL ACTION:
Tabled action on August 19, 2003, August 26, 2003 and November 18, 2003 to allow Mr. Vera
sufficient time to make changes to his property. November 18, 2003, City Council tabled Case
No.: 0603-04 until December 16, 2003 to allow Mr. Vera sufficient time to bring his property
into full compliance with all City Codes and Special Permit conditions.
FUNDING:
None
CONCLUSION AND RECOMMENDATION:
Approve Ordinance for~"R-1B" and "B-1" District with a revised Special Permit.
I~icha~l~q. Gunnihg, Assistant Director of Planning /
Development Services/Planning
Attachments:
-383-
BACKGROUNDINFORMATION
On June 18, 2003, Planning Commission held a public hearing on Case No: 0603-04, Paul S.
Vera for a change of zoning from "R-lB" and "B-i" District with a Special Permit to "B-4"
District. Planning Commission and Staff recommended denial of the "B-4" District, and in lieu
thereof, approval of a revised Special Permit on Lot 12 to include a portion of Lot 11 to allow the
auto repair, limited to minor and major auto repair, and to correct the building expansion setback
subject to a site plan and ten (10) conditions. On August 19, 2003, City Council held a public
hearing on the case and tabled it until August 26, 2003 for staff to develop a timetable to allow
Mr. Vera to make any changes to his property before final action by the City Council. On
August 26, 2003 City Council tabled the case until November 18, 2003 to allow Mr. Vera to
make changes to his property. The applicant was advised by City Council that it was imperative
he bring his property into compliance with all city codes on or before November 18, 2003. Code
Enforcement was instructed to make periodic inspections of the subject property to determine if
reasonable progress was being made. On November 18, 2003, Neighborhood Improvement
advised City Council that three (3) conditions, IE. Landscaping, complete fencing and removal
of non-operable vehicles had not been met as of November 11, 2003. On November 18, 2003
City Council tabled and extended the compliancy date to December 16, 2003 to allow Mr. Vera
to complete the changes to his property. On December 10, 2003 Neighborhood Improvement
and Development Service staff inspected the property for compliancy and found all conditions of
the Special Permit met.
-384-
To:
From:
CC:
Date:
Re:
Mayor & City Council
Mary Dominguez, George Oresco, & David DeLaCruz
Development Service - Planning
November 11,2003
P. S. Vera's Auto Parts - 1101 Horne
On 9/22/03, Mr. Vera's case was assigned to Property Advisor, David DeLaCruz. Mr.
George Oresco, Administrator, accompanied Mr. DeLaCruz to advise Mr. Vera of the
urgent need for compliance on issues from open storage of vehicles & auto parts, 6-
foot privacy fencing, landscaping, striping, lighting, etc.
On 10/29/03, Mr. Vera was again advised of the need for compliance. Mr. Vera has
advised Code Enforcement that due to weather conditions and customer repairs of
vehicles he has been unable to comply. On 11/11/03, David DeLaCruz made
another inspection and spoke with Mr. Vera concerning the violations. He has
confirmed that Mr. Vera does not comply with the City Ordinances required of him.
On November 17, 2003, Mr. DeLaCruz will meet Mr. Vera to discuss how much time
will be needed to meet full compliance of the pending code violations.
Mr. Vera has made significant progress while he continues to search for an
affordable landscaper.
· Page 1
-385-
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: November 18, 2003
AGENDA ITEM: (Case: 0603-04, Paul S. Vera)
Item A:
Public hearing for denial of Case No.: 0603-04, Paul S. Vera.
Item B:
Motion Denial of Case No.: 0603-04, Paul S. Vera.
ISSUE: Conditions of the first Special Permit granted to Paul S. Vera on the subject property
were not met. Council tabled action on the pending special permit during the August 26, 2003
hearing until November 18, 2003. The tabled date of November 18, 2003 was given to Mr. Vera
to allow him time to bring his property into compliance with all city codes and special permit
conditions to his property. Per the attached memo from Neighborhood Improvement the
conditions of the first Special Permit have not been fully met as of November 11, 2003.
REQUIRED COUNCIL ACTION:
Denial of Case No: 0603-04, Paul S. Vera
PREVIOUS COUNCIL ACTION:
On August 19, 2003 approved tabling Case No.: 0603-04, Paul S. Vera until August 26, 2003.
On August 26, 2003 Council tabled the case until November 18, 2003 to allow Mr. Vera
sufficient time to make changes to his property.
FUNDING:
None
CONCLUSION AND RECOMMENDATION:
Based on Neighborhood Improvement/Code Enforcements attached report and their
recommendation of denial, Development Service staff recommends denial of Case No.: 0603-04,
Paul S. Vera. However, if compliancy to the conditions can be verified by Neighborhood
Improvement - Code Enforcement prior to the City Council hearing of November 18, 2003 then
approval of the case would be recommended.
Michael N. Gunning, Assistant DirectOr of Planning
Development Services/Planning
-386-
Attachments:
BACKGROUNDINFORMATION
On June 18, 2003, Planning Commission held a public hearing on Case No: 0603-04, Paul S.
Vera for a change of zoning from "R-lB" District and a "B-I' District with a Special Permit to
"B-4" District. Planning Commission and Staff recommended denial of the "B-4" District, and
in lieu thereof, approval of a revised Special Permit on Lot 12 to include a portion of Lot 11 to
allow the auto repair, limited to minor and major auto repair, and to correct the building
expansion setback subject to a site plan and ten (10) conditions. On August 19, 2003, City
Council held a public hearing on the case and tabled it until August 26, 2003 for staff to develop
a timetable to allow Mr. Vera to make any changes to his property before final action by the City
Council. On August 26, 2003 City Council tabled the case until November 18, 2003 to allow
Mr. Vera to make changes to his property. The applicant was advised by City Council that it was
imperative he bring his property into compliance with all city codes on or before November 18,
2003. Code Enforcement was instructed to make periodic inspections of the subject property to
determine if reasonable progress was being made. Per the attached memo from Neighborhood
Improvement - Code Enforcement several conditions of the first special permit have not been
met as November 11,2003:
1. Landscaping
2. Complete fencing of property
3. Removing of all non-operable vehicles
-387-
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: Auqust 26,2003
AGENDAITEM:
a)
b)
Continuation of public hearing to consider tabling of Case No. 0603-04, Paul S.
Vera.
A motion to table Case No. 0603-04, Paul S. Vera to November 18, 2003 or
December 9, 2003.
ISSUE:
Conditions of the first Special Permit granted to Paul S. Vera on the subject property were
not met. Council directed Staff to consider a motion to table the requested zoning change
on the subject property for a period of 90-days to allow Mr. Vera to bring his property into
compliance with all city codes.
REQUIRED COUNCIL ACTION:
Approve tabling of Case No. 0603-04, Paul S. Vera to November 18, 2003 or December
9, 2003.
PREVIOUS COUNCIL ACTION:
Approved postponing Case No. 0603-04, Paul S. Vera to August 26, 2003 and directed
staff to bring back a motion to table for a period of 90 days with a caveat that within this
time frame, Mr. Vera would bring the subject property into compliance with city codes.
FUNDING:
None.
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of tabling Case No. 0603-04, Paul S. Vera to November 15,
2003 or December 9, 2003. The two tabling dates are recommended to Council due to the
cancellation of the November 25, 2003 council meeting that would have met the ninety -
day criteria. A date before and after the ninety-day,pe/r, iod is provided,¢.,
Michael N. Gunning, AICP /
of
Assistant Directo DevC'lopment
Services - Planning
Attachments:
Zoning Report
\xCLSTR 1 _US ERS 1 _S ERVER\U S ER S 1 \P LN-I)IR\ER~MA\WORD\ZOIkD\0603 -04CCAGENDAM EMOTAB2.DOC
-388-
BACKGROUND INFORMATION
On June 18, 2003, the Planning Commission held a public hearing on Case No. 0603-04,
Paul S. Vera for a change of zoning from "R-lB" District and a "B-I" District with a Special
Permit to "B-4" District. Planning Commission and Staff recommended denial of the "B-4"
District, and in lieu thereof, approve a revised Special Permit on Lot 12 to include a portion
of Lot 11 to allow the auto repair, limited to minor and major auto repair, and to correct the
building expansion setback subject to a site plan and ten (10) conditions. On August 19,
2003, City Council held a public hearing, and after considerable discussion on the history
of code violations and failure of the applicant to meet city zoning and plat codes, Council
approved a motion to postpone until August 26, 2003.
Staff was directed to develop a motion to table for ninety days with the stipulation that
dudng this time, Mr. Vera brings his property into compliance with all city codes before final
action by City Council. Two tabling dates are recommended to Council due to the
cancellation of the November 25, 2003 council meeting that would have met the ninety-day
criteria. A date before and after the ninety-day period is provided.
The City Attorney advises that the motion to table for ninety days can not be tied to a
directive that Mr. Vera complies with all conditions of the proposed Special Permit. Such
action would be considered tantamount to "contract zoning," which is illegal. Mr. Vera will
be advised by Staff that he has to correct all code violations during this period. The Special
Permit approved December 12, 2000 has expired due to Mr. Vera's failure to comply with
provisions of the Special Permit. Planning Commission on July 16, 2003 approved the plat
for the subject property. A fee of $2,492.00 remains to be paid to the city prior to
recordation of the plat with the county.
~\CLSTRI_USERS 1 S ERVER\USERS I \PLN-DIR\ERMA\WORD~ZORD\0603 -04CCAGENDAM EMOTAB2.DOC
-389-
AGENDA MEMORANDUM
PUBLIC HEARING -ZONING (City Council Action Date: August 19,2003)
Case No.: 0603-04~ Paul S. Vera: A change of zoning from a "R-lB" One-family Dwelling District and
"B-i" Neighborhood Business District with a "SP" Special Permit to a "B-4" General Business District on
Laguna Acres, Block 1, Lot 12 and a portion of Lot 11, located at the southeast comer of Home Road and Teresa
Street.
Planning Commission and Staff's Recommendation (06/18/03): Denial of the "B-4" District,
and in lieu thereof, approval a revised Special Permit on Lot 12 to include a portion of Lot 11 to allow the auto
repair use limited to rninor and major auto repair and to correct the building expansion setback subject to a site
plan and 10 conditions.
Requested Council Action: Denial of the "B-4" District, and in lieu thereof, approval of a revised Special
Permit on Lot 12 to include a portion of Lot 11 to allow the auto repair use limited to minor and major auto repair
and to correct the building expansion setback subject to a site plan and 10 conditions and adoption of the attached
ordinance,
Purpose of Request: To allow the illegal expansion on Lot 12 and to meet setbacks per replat of Lots 11 and 12.
Summary: The applicant has requested a change of zoning from a "R-lB" One-family Dwelling District and a
"B-i" Neighborhood Business District with a Special Permit to a "B-4' General Business District in order to
legalize the auto repair building expansion on Lot 12. A portion of Lot 11 is within the area of request in order for
the building to meet the required setback. In May 1988, Lot 12 was granted a Special Permit for an auto repair
facility subject to a site plan. The site plan limited the building to 2,400 square feet and the conditions required the
use to be inside the building and a screening fence installed along the south and east property lines. Sometime in
1996 or shortly thereafter, a 2,07I square foot addition was made to the existing structure in violation of the
approved Special Permit and without the benefit of a building permit. The applicant has owned Lot 11 since at least
1988, when the original Special Permit on Lot 12 was granted. Currently, the applicant has meet with staff to discuss
correction measures. The illegal expansion cannot meet the required side yard setback on Lot 12. However, by
extending the Sp6cial Permit to approximately seven (7) feet to the east the required ten- (10) setback can be met.
The remaining portion of Lot 11 is vacant and would meet the minimum lot width and area requirements of the
"R-lB" District. There are single-family residences south of he subject properly in a "B-i" District and a vacant
business building to the west in a "B-I" District. To the north is "R-lB" property developed as the City golf course
and to the east are single-family residences in a "R-lB" District. The subject property has direct access to an arterial,
Home Road, and to a local street, Teresa Street. Approval ora "B-4" District would permit uses such as auto sales,
bars and dance halls at this location if the auto repair business cease to operate. Such uses are not considered
appropriate when adjacent to a residential area. The adjacent residential properties have remained as a stable
neighborhood. The designation of a "B-4" District on Lot 12 and a portion of Lot 11 could further undermine the
stability of the residential neighborhood. However, a "B-I" District with a Special Permit could be considered for
the seven (7) foot area of Lot 11 to allow the building to met the setback requirement.
Overall, the Comprehensive Plan Elements can be supportive of a less intense business zoning due to the subject
property's direct access to an arterial and its residential adjacency. The Westside Area Development Plan's adopted
future land use map reconmaends the area to develop with low-density residential uses due to the residential
character. The requested "B-4" District is not consistent with the Plan's adopted future land use map.
-390-
Agenda Memorandum
Case No. 0603-04 (Paul S. Vera)
Page 2
The Planning Commission denied the "B-4" District, and in lieu thereof, approved a revised Special Permit on Lot
12 to include a portion of Lot 11 to allow the auto repair use limited to minor and major auto repair and to correct
the building expansion setback subject to a site plan and the following ten (10) conditions:
ALLOWED USES: The only use authorized by this Special Permit other than those uses permitted by
right in the "R-lB" One-family Dwelling District and the "B-I" Neighborhood Business District with a
Special Permit is an auto repair use limited to minor and major automotive repair. All automotive repair
must be done within an enclosed building.
VEHICLES: All vehicles stored on the premise must have a valid pending work order and must have a
valid State inspection and license sticker. Wrecked vehicles and auto salvage are prohibited.
FLOOR AREA: The total floor area used for the automotive repair use may not exceed 4,431 square feet,
as shown on the attached site plan.
SCREENING: A standard screening fence with a height of not less than six (6) feet must be installed and
maintained along the south and east property lines. Along the east property line and ten (10) feet fi.om the
Home Road right-of-way line, the screening fence must have a height of three (3) feet. Within ten (10) and
fifteen (15) feet fi.om the Home Road right-of-way line, the screening fence may transition fi.om six (6) feet
to three (3) feet. The screening fence must be installed within 180 days fi'om the date of this ordinance.
LANDSCAPING: A landscaping strip with a width of not less than five (5) feet must be located along the
Home Road and Teresa Street rights-of-way. The landscaping strip must contain at least two (2) canopy
trees along Home Road, three (3) canopy trees along Teresa Street, hedges with a height of three (3) feet
and a ground cover. All landscaping must be installed within 180 days fi.om the date of this ordinance and
must be kept in a healthy and growing condition at all times.
PLATTING: Lots 11 and 12 must be replatted to provide a minimum setback often (10) feet along the east
property line of Lot 12 to accommodate the existing structure on Lot 12 and a portion of Lot 11.
HOURS OF OPERATION: The permitted automotive repair use is limited to the hours between 6:30 a.m.
and 7:00 p.m.
LIGHTING: Ail exterior lighting must be directional and shielded. Lighting must be directed away fi.om
the surrounding residences and adjacent public right-of-way.
PARKING AREA: The off-street parking area and the maneuvering area must be improved with a
minimum 2-inch layer of asphalt. All off-street parking spaces must be striped according to City standards.
TIME LIMIT: This Special Permit shall be deemed to have expired within 180 days of the date of this
ordinance unless the property is being used as outlined in condition #1, which includes obtaining a building
permit for the existing expansion; a Certificate of Occupancy, and is in compliance with all other
conditions.
Applicant's Position: The applicant concurs with Planning Commission and Stafffs recommendation
Notification: Prior to the date of this memorandum, twenty-three notices were mailed to the property owners within
a 200-foot radius. One (I) notice, being the applicant/owner of the subject property, was returned in favor and one
(1) was returned in opposition. This case could become controversial due to prior history of violations.
Assistant Director of Development Services/
Director of Planning
-391-
Agenda Memorandum
Case No. 0603-04 (Paul S. Vera)
Page 3
MG/FGM/er
Attachments:
1 ) Zoning Report
2) Comments Received
3) Planning comrmssion Minutes
4) Ordinances
H:~P LN -DIRkERMA',WO RDLAGENDMEM\0603 -04AGENDAM EM O.DOC
-392-
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Description/Location:
0603-04
June 18,2003
J14D
Paul S. Vera
Laguna Acres, Block 1, Lot 12 and a portion of Lot 1 l, located at the southeast corner of Horne
Road and Teresa Street.
Area of Request: 0.42 acre (18,190 square feet)
Lot{s) Area: Same as above.
Cu rrent Zoning: "R- 1B" One-family Dwelling District and "B- 1"
Neighborhood Business District with a "SP"
Special Permit
Request: "B-4" General Business District
Current Use of Property: Auto repair facility on Lot 12 and a portion of
Lot 11.
Purpose of Request: Allow the illegal expansion on Lot 12 and to
meet setbacks per replat of Lots 11 and 12.
Zoning Change Requested Due
to Notice of Violation:
Applicant notified February 18, 2003 of zoning violation for the illegal expansion of the auto sales
repair shop without appropriate setbacks, permits or certificate of occupancy.
-393-
Zoning Report
Case No. 0603-04 (Paul S. Vera)
Page 2
Adiacent Zoning:
North, East - "R- 1B" One-family Dwelling District
South "R-lB" One-family Dwelling District and "B-I" Neighborhood Business District
West -"B-I" Neighborhood Business District
Adjacent Land Use:
North - (across Home Road) Municipal golf course.
South, East - Single-family residences.
West - (across Teresa Street) Vacant commercial building and single-family residence.
Number of Residential Units Allowed:
"R-lB"- 0 units (7.26 dwelling units per acre- 0.04 less than 6,000 sq. ft. per lot)
"B-I" - 15 units (36.30 dwelling units per acre on 0.42 acre)
"B-4" - 15 units (36.30 dwelling units per acre)
Estimated Traffic Generation:
Automobile care center - 2.97 average weekday vehicle trip ends (weekday peak hour) per 1,000
square feet of gross floor area x 5,474 square feet of gross floor area = 16 average weekday vehicle
trip ends (weekday peak hour)
Adiacent Streets/Classification:
a) Home Road -collector
b) Teresa Street - local
Right-of-VCay Design
Current:
a) 80-foot right-of-way with a 62-foot back-to-back paved section.
b) 60-foot right-of-way with a 40-foot back-to-back paved section.
Planned:
a, b) Same as current.
Traffic Count {24-hour~ weekday~ non-directional}:
a,b) None available.
-394-
Zoning Reporl
Case No. 0603-04 (Paul S. Vera)
Page 3
Zoning History of Property:
In July 2000, the Plarming Commission reviewed a request for a change of zoning on Lot 11 from
a "R-lB" District to a "B-4" District in order for the applicant to expand the auto repair business
onto the lot. The case was continued and the applicant withdrew in order to resubmit an application
that included Lot 12.
In May 1996, the City Council denied a request for a change of zoning from a "B-1/SP" District to
an "I-2" District in order to continue outside repair of vehicles and large trucks and semi-trailers.
In May 1988, Lot 12 was granted a Special Permit for an auto repair shop subject to a site plan and
conditions.
Recent Surrounding Zoning Cases:
There has been no rezoning activity in the area within the past five (5) years.
Planning Staff Analysis:
General Characteristics and Back,ground: The applicant has requested a change of zoning
from a "R-lB" One-family Dwelling District and a "B-I" Neighborhood Business District
with a Special Permit to a "B-4" General Business District in order to legalize the auto repair
building expansion on Lot 12. A portion of Lot 11 is within the area of request in order for
the building to meet the required setback. In May 1988, Lot 12 was granted a Special
Permit for an auto repair facility subject to a site plan. The site plan limited the building to
2,400 square feet and the conditions required the use to be inside the building and a screening
fence installed along the south and east property lines. Sometime in 1996 or shortly
thereafter, a 2,071 square foot addition was made to the existing structure in violation of the
approved Special Permit and without the benefit of a building permit. The applicant has
owned Lot 11 since at least 1988, when the original Special Permit on Lot 12 was granted.
Currently, the applicant has meet with staff to discuss correction measures. The illegal
expansion cannot meet the required side yard setback on Lot 12. However, by extending the
Special Permit to approximately seven (7) feet to the east the required ten- (10) setback can
be met. The remaining portion of Lot 11 is vacant and would meet the minimum lot width
and area requirements of the "R-lB" District. Them are single-family residences south of he
subject property in a "B-I" District and a vacant business building to the west in a "B-I"
District. To the north is "R-1B" property developed as the City golf course and to the east
are single-family residences in a "R-1B" District. The subject property has direct access to
an arterial, Home Road, and to a local street, Teresa Street. Approval ofa "B-4" District
would permit uses such as auto sales, bars and dance halls at this location if the auto repair
business cease to operate. Such uses are not considered appropriate when adjacent to a
residential area. The adjacent residential properties have remained as a stable neighborhood.
The designation of a "B-4" District on Lot 12 and a portion of Lot 11 could further
-395-
Zoning Report
Case No. 0603-04 (Paul S. Vera)
Page 4
undennine the stability of the residential neighborhood. However, a "B-I" District with a
Special Permit could be considered for the seven (7) foot area of Lot 11 to allow the building
to met the setback requirement.
Overall, the Comprehensive Plan Elements can be supportive of a less intense business
zoning due to the subject property's direct access to an arterial and its residential adjacency.
The Westside Area Development Plan's adopted future land use map recommends the area
to develop with low-density residential uses due to the residential character. The requested
"B-4" District is not consistent with the Plan's adopted future land use map.
Potential Housing Density: Residential density in the "R-lB" District is 7.26 dwelling units
per acre or 0 units on a portion of Lot 11 that is less than 6,000 square feet. A "B-I" District
permits a residential density of 36.30 dwelling units per acre or fifteen (15) units on Lot 12.
The "B-4" District permits a density of 36.30 dwelling units per acre or fifteen (15) units on
the subject property.
HeighffBulk/Setbacks~Etc.: The "R-lB" District requires a front yard setback of 25 feet with
a side and rear yard setback of five (5) feet each. Both the "B-I" and "B-4" Districts require
a front yard setback of twenty (20) feet with no required side or rear yard unless adjacent to
a residential district where a setback of ten (10) feet each will be required along that
adjacency. A ten- (10) foot setback is required to the east. Buildings in the "R-lB" and "B-I"
Districts are limited to 35 feet not to exceed three (3) stories. There are no building height
limitations in the "B-4" District.
Signage: Signs in the "R-lB" District are limited to one wall sign with an area not to exceed
one square foot. Wall signs in the "B-I" and "B-4" Districts are unlimited. Freestanding
signs in the "B-I" District are limited to one sign with a sign area of forty (40) square feet
and a height of twenty (20) feet. Freestanding signs in the "B-4" Disthct located behind the
20-foot setback, are unlimited as to size, height, or number. Ifa fi-eestanding sign is located
within the front yard setback, it is limited to one sign per street frontage with an area of forty
(40) square feet and a height of 25 feet. Approval of the "B-4" District would have the
potential of having large signs in proximity to a sensitive neighborhood.
Traffic: As an auto repair facility, the amount of traffic generated will be minimal and not
impact the adjacent arterial road, Home Road. Heavy vehicle traffic on Teresa Street is
impactive to the adjacent residential area.
Parking/Screening: An auto repair facility is required to provide one off-street parking space
for each three (3) employees on the premise. Compliance with the parking regulations will
required during the permitting phase of the project. 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. A standard screening fence will be required along the south and east
property lines.
-396-
Zoning Report
Case No. 0603-04 (Paul S. Vera)
Page 5
Pros: (Ideas in support of the request.)
a) None.
Cons: (Ideas in support of maintaining the current zoning.)
a)
The requested "B-4" District is not consistent with the adopted Westside Area Development
Plan's recommended land use.
b)
Expansion of the nonresidential zoning could disrupt the stability of the residential
neighborhood.
c)
Based on the applicant's history of compliance, it is very possible that over time, the outside
storage of vehicles, junked vehicles and materials will continue and expand.
Staff Recommendation: Denial of the "B-4" D/strict and in lieu thereof, grant a revised Special
Permit on Lot 12 to include a portion of Lot 11 to allow the auto repair use, and to correct the
building expansion setback subject to a site plan and the following ten (I0) conditions:
ALLOWED USES: The only use authorized by this Special Permit other than those uses
permitled by right in the "B-I" Neighborhood Business District and the "R-lB" One-family
Dwelling District is an auto repair use limited to minor and major automotive repair. All
automotive repair must be done within an enclosed building.
VEHICLES: All vehicles stored on the premise must have a valid pending work order and
must have a valid State inspection and license sticker. Wrecked vehicles and auto salvage
are prohibited.
FLOOR AREA: The total floor area used for the automotive repair use may not exceed
4,431 square feet, as shown on the attached site plan.
SCREENING: A standard screening fence with a height of not less than six (6) feet must
be installed and maintained along the south and east property lines. Along the east pmperty
line and ten (10) feet from the Home Road right-of-way line, the screening fence must have
a height of three (3) feet. Within ten (10) and fifteen (15) feet from the Home Road right-of-
way line, the screening fence may transition fi.om six (6) feet to three (3) feet. The screening
fence must be instal]ed within 180 days from the date of this ordinance.
LANDSCAPING: A landscaping strip with a width of not less than five (5) feet must
located along the Home Road and Teresa Street rights-of-way. The landscaping strip must
contain at least two (2) canopy trees along Home Road, three (3) canopy trees along Teresa
Street, hedges with a height of three (3) feet and a ground cover. All landscaping must be
installed within 180 days from the date of this ordinance and must be kept in a healthy and
growing condition at all times.
-397-
Zoning Report
Case No. 0603-04 (Paul S. Vera)
Page 6
PLATTING: Lots 11 and 12 must be replatted to provide a minimum setback often (10)
feet along the east property line of Lot 12 to accommodate the existing structure on Lot 12.
HOURS OF OPERATION: The permitted automotive repair use is limited to the hours
between 6:30 a.m. and 7:00 p.m.
LIGHTING: All exterior lighting must be directional and shielded. Lighting must be
directed away from the surrounding residences and adjacent public right-of-way.
PARKING AREA: The off-street parking area and the maneuver/ng area must be improved
with a minimum 2-inch layer of asphalt. All off-street parking spaces must be striped
according to City standards.
10.
TIME LIMIT: This Special Permit shall be deemed to have expired within 180 days of the
date of this ordinance unless the property is being used as outlined in condition #1, which
includes obtaining a building permit for the existing expansion; a Certificate of Occupancy,
and is in compliance with all other conditions.
Attachments:
Zoning Map
Site Plan
H :\p LN -D1R\ERMA\WO RD~ZONRPTSX2003\0603-04CCREPORT.DOC
-398-
R-lB
GABE LOZANO MUNICIPAL GOLF COURSE
SUBJECT PARCEl.
Jun 6, 2003 - RP
0 100 200 300
CASE Z0603-04
Subject property
C)~r,ers within 200 feet listed on attached ownership list
-399-
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COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0603-04
Paul S. Vera
· - FAVOR
X - OPPOSED
(Note: The listed numbers correspond to the attached map.)
I1.
III.
Notices returned from within the 200-foot notification area:
None.
Paul S. Vera (Applicant/Owner), 1101 Home Road
Favor:
5)
"Better economy."
Opposition:
10) Carlos and Nellie Escamilla, Jr., 1110 Lolita
"Mr. Vera does not keep up with his yards. I think you as City Council should
fine Mr. Vera. This has been going on for years. From the last meeting, Mr. Vera
was supposed to plant trees on Home and Theresa Street, instead, he planted
cactus. These are not trees. This area needed to be cleaned. Mr. Vera always in
every meeting says he does not make enough money. I think he does. He worked
for you all fixing City vehicles. We are very opposed of Mr. Vera doing anything
with this land, Lot 12. Mr. Vera should remove all junk cars in both lots or YOU
as City Council should fine Mr. Vera for every junk car he has. This is an auto
mechanic shop not a junk yard."
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition:
Opposition: None.
Responses received from owners/applicants of subject area:
Favor:
· Paul S. Vera, (Applicant/owner), 1101 Home Road
"Better economy."
None.
H:\P LN-DIR~ERMA\WOR D\COMM DATA\0603-04COMMENTS DOC
-401 -
Planning Comrmssion Minutes
June 18, 2003
Paul S. Vera: 0603-04
REQUEST:
"R-1B" One-Family Dwelling District and "B-I" Neighborhood Business District
with a "SP" Special Permit to "B-4" General Business District Laguna Acres,
Block 1, Lot 12 and a portion of Lot 11, and located at the southeast comer of
Home Road and Teresa Street.
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 a "R-lB" One-family
Dwelling District and a "R-1B/SP Neighborhood Business District with a Special Permit to a
"B-4" General Business District in order to legalize the auto repair building expansion on Lot 12.
A portion of Lot 11 is within the area of request in order for the building to meet the required
setback. In May 1988, Lot 12 was granted a Special Permit for an auto repair facility subject to
a site plan. The site plan limited the building to 2,400 square feet and the conditions required the
use to be inside the building and a screening fence installed along the south and east property
lines. Sometime in 1996 or shortly thereafter, a 2,071 square foot addition was made to the
existing structure in violation of the approved Special Permit and without the benefit of a
building permit. The applicant has owned Lot 11 since at least 1988, when the original Special
Permit on Lot 12 was granted. Currently, the applicant has meet with staff to discuss correction
measures. The illegal expansion cannot meet the required side yard setback on Lot 12. However,
by extending the Special Permit to approximately seven (7) feet to the east the required ten- (I0)
setback can be met. The remaining portion of Lot 11 is vacant and would meet the minimum lot
width and area requirements of the "R-lB" District. There are single-family residences south of
he subject property in a "B-I" District and a vacant business building to the west in a "B-I"
District. To the north is "R-lB" property developed as the City golf course and to the east are
single-family residences in a "R-lB" District. The subject property has direct access to an
arterial, Home Road, and to a local street, Teresa Street. Approval of a "B-4" District would
permit uses such as auto sales, bars and dance halls at this location if the auto repair business
cease to operate. Such uses are not considered appropriate when adjacent to a residential area.
The adjacent residential properties have remained as a stable neighborhood. The designation of a
"B-4" Distr/ct on Lot 12 and a portion of Lot 11 could further undermine the stability of the
residential neighborhood. However, a "B-I" District with a Special Permit could be considered
for the seven (7) foot area of Lot 11 to allow the building to met the setback requirement.
Ms. Goode-Macon provided a brief history of previous rezoning to the subject property.
In July 2000, the Planning Commission reviewed a request for a change of zoning on Lot 11
from a "R-lB" District to a "B-4" District in order for the applicant to expand the auto repair
business onto the lot. The case was continued and the applicant withdrew in order to resubmit an
application that included Lot 12.
In May 1996, the City Council denied a request for a change of zoning from a "B-1/SP"
District to an "I-2" District in order to continue outside repair of vehicles and large trucks and
semi-trailers.
In May 1988, Lot 12 was granted a Special Permit for an auto repair shop subject to a site
plan and conditions.
-402-
Planning comrmssion Minmes
June 18, 2003
Case No. 0603-04 (Paul S. Vera)
Page 2
Overall, the Comprehensive Plan Elements can be supportive of a less intense business
zoning due to the subject property's direct access to an arterial and its residential adjacency. The
Westside Area Development Plan's adopted future land use map recommends the area to
develop with low-density residential uses due to the residential character. The requested "B-4"
District is not consistent with the Plan's adopted future land use map. Therefore, Staff
recommends denial of the "B-4" District and in lieu thereof, grant a revised Special Permit on
Lot 12 to include a portion of Lot 11 to allow the auto repair use, and to correct the building
expansion setback subject to a site plan and the following ten (10) conditions:
ALLOWED USES: The only use authorized by this Special Permit other than those uses
permitted by right in the "B-I" Neighborhood Business District is an auto repair use
limited to minor and major automotive repair. All automotive repair must be done within
an enclosed building.
VEHICLES: All vehicles stored on the premise must have a valid pending work order
and must have a valid State inspection and license sticker. Wrecked vehicles and auto
salvage are prohibited.
FLOOR AREA: The total floor area used for the automotive repair use may not exceed
4,431 square feet, as shown on the attached site plan.
SCREENING A standard screening fence with a height of not less than six (6) feet must
be installed and maintained along the south and east property lines. Along the east
property line and ten (10) feet from the Home Road right-of-way line, the screening
fence must have a height of three (3) feet. Within ten (10) and fifteen (15) feet from the
Home Road right-of-way line, the screening fence may transition from six (6) feet to
three (3) feet. The screening fence must be installed within 180 days from the date of this
ordinance.
LANDSCAPING: A landscaping strip with a width of not less than five (5) feet must
located along the Home Road and Teresa Street rights-of-way. The landscaping strip
must contain at least two (2) canopy trees along Home Road, three (3) canopy trees along
Teresa Street, hedges with a height of three (3) feet and a ground cover. All landscaping
must be installed within 180 days from the date of this ordinance and must be kept in a
healthy and growing condition at all times.
PLATTING: Lots 11 and 12 must be replatted to provide a minimum setback often (10)
feet along the east property line of Lot 12 to accommodate the existing structure on Lot
12 and a portion of Lot 11.
HOURS OF OPERATION: The permitted automotive repair use is limited to the hours
between 6:30 a.m. and 7:00 p.m.
LIGHTING: All exterior lighting must be directional and shielded. Lighting must be
directed away from the surrounding residences and adjacent public right-of-way.
-403-
Planmng cormTassion Minmes
June 18, 2003
Case No. 0603-04 (Paul S. Vera)
Page 3
PARKING AREA: The off-street parking area and the maneuvering area must be
improved with a minimum 2-inch layer of asphalt. All off-street parking spaces must be
striped according to City standards.
10.
TIME LIMIT: This Special Permit shall be deemed to have expired within 180 days of
~he date of this ordinance unless the property is being used as outlined in condition #1,
which includes obtaining a building permit for the existing expansion; a Certificate of
Occupancy, and is in compliance with all other conditions.
There were 23 notices mailed to property owners within a 200-foot radius of which one
(l) was returned in favor and one (1) was returned by the applicant in favor.
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition.
Public hearing was closed.
There was a discussion regarding the applicant's pending court proceedings and status.
Commissioner Pusley stated that the applicant has a history of not abiding by the conditions and
regulations of previous Special Permits.
Motion by Salazar, seconded by Smith, to approve staff's recommendation. Motion
passed with Amsler, Berlanga, Richter, Salazar, Smith, Stone voting "Aye"; Pusley and Zamora
voting "Nay" and Mims being absent.
-404-
Page 1 of 4
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
PAUL S. VERA, BY CHANGING THE ZONING MAP IN REFERENCE
TO LAGUNA ACRES, BLOCK 1, LOT 12 AND A PORTION OF LOT 11,
(CURRENTLY ZONED "R-lB" ONE-FAMILY DWELLING DISTRICT
AND "B-I"ISP NEIGHBORHOOD BUSINESS DISTRICT WITH A
SPECIAL PERMIT) BY GRANTING A SPECIAL PERMIT FOR AN AUTO
REPAIR USE AND TO CORRECT THE BUILDING EXPANSION
SETBACK SUBJECT TO A SITE PLAN AND TEN ('10) CONDITIONS;
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 Paul S. Vera for amendment to the City
of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public1 public hearings were held on Wednesday,
June 18,2003, during a meeting of the Planning Commission, and on Tuesday,
November 18, 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 granting a Special Permit for an auto repair use and to correct the building
expansion setback subject to ten (10) conditions, on Lot 12 and a portion of Lot 11,
Block 1, Laguna Acres, (currently zoned "R-1B' One-family Dwelling District and "B-
I"/SP Neighborhood Business District with a Special Permit), located at the southeast
corner of Horne Road and Teresa Street, as shown on the attached Exhibit A. (Map
J14D)
SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject
to a site plan attached as Exhibit A and the following ten (10) conditions:
ALLOWED USES: The only use authorized by this Special Permit other than
those uses permitted by right in the "R-lB" One-family Dwelling District and the
"B-I"/SP Neighborhood Business District with a Special Permit is an auto repair
H:\LEG~DIR~JOSE PH~_ONING~0603-04ZONI N GSP.DOC
-405-
Page 2 of 4
10.
use limited to minor and major automotive repair. All automotive repair must be
done within an enclosed building.
VEHICLES: All vehicles stored on the premise must have a valid pending work
order and must have a valid State inspection and license sticker. Wrecked
vehicles and auto salvage are prohibited.
FLOOR AREA: The total floor area used for the automotive repair use may not
exceed 4,431 square feet, as shown on the attached site plan.
SCREENING A standard screening fence with a height of not less than six (6)
feet must be installed and maintained along the south and east property lines.
Along the east property line and ten (10) feet from the Home Road right-of-way
line, the screening fence must have a height of three (3) feet. Within ten (10) and
fifteen (15) feet from the Home Road right-of-way line, the screening fence may
transition from six (6) feet to three (3) feet. The screening fence must be
installed within 180 days from the date of this ordinance.
LANDSCAPING: A landscaping strip with a width of not less than five (5) feet
must be located along the Horne Road and Teresa Street rights-of-way. The
landscaping strip must contain at least two (2) canopy trees along Horne Road,
three (3) canopy trees along Teresa Street, hedges with a height of three (3) feet
and a ground cover. All landscaping must be installed within 180 days from the
date of this ordinance and must be kept in a healthy and growing condition at all
times.
PLATTING: Lots 11 and 12 must be replatted to provide a minimum setback of
ten (10) feet along the east property line of Lot 12 to accommodate the existing
structure on Lot 12 and a portion of Lot 11.
HOURS OF OPERATION: The permitted automotive repair use is limited to the
hours between 6:30 a.m. and 7:00 p.m.
LIGHTING: All exterior lighting must be directional and shielded. Lighting must
be directed away from the surrounding residences and adjacent public right-of-
way.
PARKING AREA: The off-street parking area and the maneuverin area must be
improved with a minimum 2-inch layer of asphalt. All off-street 3arking spaces
must be striped according to City standards.
TIME LIMIT: This Special Permit shall be deemed to have expired within 180
days of the date of this ordinance unless the property is being used as outlined in
condition #1, which includes obtaining a building permit for the existing
expansion; a Certificate of Occupancy, and is in compliance with all other
conditions.
H:~LEG-DIR~JOSEPH~ZONING\0603-04ZONINGSP,DOC
-406-
Page 3 of 4
SECTION 3. 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 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 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.
SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 7. 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 8. 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 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 18th day of November, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED ~./.,, ~,,~.~
0
Joseph Harney
Assistant City Attorney
For City Attorney
2003
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
H:~LEG-DIR~JOSEPH~ZONING\0603-O4ZONINGS P.DOC
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Page 4 of 4
Corpus Christi, Texas
day of .,2003
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
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:\LEG-DIR~OSEPH~.ONING~0603-04ZONINGSP,DOC
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8-06-203 11:32AH
PLANNING S12 880 3&90
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-409-
37
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: __12/16/03__
AGENDA ITEM:
Motion authorizing the City Manager to execute a binding agreement with RSR Sports, Inc., relating
to the location and operation ora minor league baseball team in the City.
BACKGROUND INFORMATION:
On November 5, 2002, the voters approved the implementation ora 4A sales and use tax, a portion
of which may be used for construction of a baseball stadium in the Port area. The City of Corpus
Christi and the Port of Corpus Christi Authority have worked with RSR Sports on the location ora
major league affiliated, minor league team in Corpus Christi as the tenant/lessee for the facility. It is
the desire of parties to complete this project so that the team can commence operations in the new
stadium for the 2005 season (April 1,2005).
On September 30, 2003, the City Council authorized the City Manager to execute a non-binding
agreement/memorandum of understanding (MOU) which set out the terms of a final and binding
lease. Although significant progress has been made in drafting this lease, it will not be ready for
execution prior to spending dollars before actual demolition/construction commences in January.
Because time is of the essence to insure that the stadium is complete in time for the 2005 season, a
binding MOU is presented for Council consideration. As an interim measure, approval of this same
basic MOU as a binding agreement fulfills the contract requirement to proceed with the construction
phase of this project. The final lease still under development will be presented for Council
consideration prior to the sale of bonds for the project currently scheduled in February of next year.
REQUIRED COUNCIL ACTION: Approval of the motion as stated.
Assistant City Manager
Attachments: Draft Agreement (Binding MOU)
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Agreement
This ~ ~
............. ~ Agreement (the "Agreement") is entered into
....... December __ 2003 by and between the City of Corpus Christi (hereinafter
called the "City") and RSR Sports, [nc., a Texas corporation (hereinafter called the
"Team"). This Aareement replaces and suoersedes the Aareement dated October 6.,
2003, between the parties to this Aareement.
WITNESSETH:
WHEREAS, in November of 2002, the citizens of Corpus Christi authorized a
1/8 cent Sales Tax for economic development with a specific authorization for
J construction of a minor league baseball stadium (the "Election");
WHEREAS, the Team wishes to locate and operate a minor league baseball
team to the City;
WHEREAS, the Team and the City desire that the Team, locate a baseball
franchise in the City, to the new baseball stadium (the "Stadium") which will have
the capacity for 6,000 attendees, including ali real and personal property in
connection therewith as agreed to by the parties, at a site determined by the
parties for use by the Team, and for use by other baseball organizations and for
other sporting and entertainment events as authorized by the final lease
documents;
WHEREAS, the stadium will be used for professional baseball and shall be
designed and built to the specifications of the National Association of Professional
Baseball Leagues (NAPBL) for Double A franchises;
WHEREAS, the City desires a professional baseball team affiliated with Major
League Baseball, the team will be a Double-A team, or a reasonable equivalent
thereof sanctioned by the NAPBL;
WHEREAS, the Team desires that the Team or an affili~.te of the Team will
operate the Stadium;
WHEREAS, the City believes that the development of the Stadium for such
purposes, and bringing the Team to the City, will serve to benefit the people of the
City of Corpus Christi and surrounding area; and
WHEREAS, the City and the Team wish to memorialize their understandings
with respect to the Team and the development, construction and use of the Stadium
in ~ ~.$n blndlng an_agreement which shall serve as the basis for negotiation of final
and binding lease documents.
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NOW, THEREFORE, the City and the Team hereby express their
understanding and ~^~ k~,~
............. ~ agreements as follows:
1. Definitions. For the purposes of this Agreement, the following
terms shall have the following meanings:
Baseball Club shall mean a Double A or equivalent team to be relocated to
the Stadium in Corpus Christi and be a member of the National Association of
Professional Baseball Leagues.
Business Day shall mean days on which the offices in the City of Corpus
Christi are open for business.
Development Documents shall mean all documents, agreements or
instruments executed and or delivered in connection therewith, including, without
limitation, any architect agreement, construction contract, Stadium Project Budget,
Project Schedule, the plans and specifications for the Stadium, and the Lease.
Direct Costs shall mean the costs of all labor, materials, fixtures, machinery
and equipment required to acquire the land, construct, equip and complete the
Project.
Lease shall mean an agreement pursuant to which the City leases to the
Team the right to use the Stadium, such agreement to be on terms and conditions
as may be mutually agreeable to the City and the Team.
Naminq Rights. Shall mean the right to have the Stadium named for a
specified period of time.
Project shall mean the development, design, construction, and equipping of
the Stadium as set forth in this Agreement and the Stadium Project Budget.
Project Costs shall mean all the Direct Costs and soft costs of the Project
including but not limited to costs of architectural and engineering fees, site
preparation, utility and infrastructure, construction, development, equipment, legal
and accounting fees, bond issuance costs, reserve fund requirements, prefunding of
capital reserve funds and contingencies.
Proiect Schedule shall mean a schedule for the project and will include
financing, documentation, design and construction of the Stadium.
Property shall mean the land and the improvements to the specific site
agreed to by both parties for construction of the Project and which is shown in
Exhibit A to this memorandum.
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Stadium Proiect Budqet shall mean the budget to be prepared by the City and
approved by the Team for the Stadium Project, including all Project Costs of the
Stadium.
2. Purpose of this Aqreement. This non
........ ~ Agreement evidences
the intention of the City and the Team to develop the Project, and to bring a
Baseball Club to Corpus Christi, on the terms and conditions described herein.
r, .... ~"' ~" ~ ........ ~'~- ~f ~ ^ ....... ~ the The parties currently
I I ~'~1 I I~1~' BI ~"~"1~'11~ '~'"A%~'~'~'IVl I "~1 I1~'~ ~r~'~I ~'~''1 I I~'1 I"~, are
negotiating, and will continue to negotiate in good faith, the terms of a binding,
definitive agreements under which the Project will be constructed and operated as
hereinafter described, such documents and agreements to be finalized no later than
~'~,~,....~,..~"' ~,~ ~ April 1, 2004, or such other date mutually agreeable to the
parties hereto. The definitive agreements will contain mutually agreeable
~ ......... guarant~es and non-relocation provisions. The City finds that with respect
to Proposition 2A, this Agreement is a contract as such term is used in Section 8 of
the ordinance calling the Election.
3 The Stadium. The Stadium will be developed by the City of
Corpus Christi pursuant to an agreement with the Corpus Christi Business and .]ob
Development Corporation (4A Board). Plans and Specifications for the Stadium will
be developed by the City in consultation with and with the approval of the Team.
Once complete and accepted, the Stadium shall be owned by the City of Corpus
Christi with operation and maintenance of the Stadium to be the responsibility of
the Team in accordance with the provisions of the final lease documents.
4 Acquisition, Construction and Development. The Stadium site will
be made available to the Project at no cost to the Team and will be free from
environmental contaminants to the extent required by law. The Stadium will be
constructed by the City, with substantial input from the Team and related parties as
provided in the definitive lease documents, with specifications at least comparable
to most recently constructed professional minor league baseball facilities, to the
extent allowed by the Stadium Project Budget. Design,
development contracts will be the responsibility of the City. The
to have the Stadium available for use by the beginning of the
minor league season (i.e. April 1, 2005)), and the Baseball Club
games at the Stadium.
construction and
City will endeavor
2005 professional
will play its home
The Stadium Project Budget is currently $21,5 million; a final project
breakdown will be developed as the stadium's plans are finalized. The parties
acknolwedge and agree that the City's overall contribution shall not exceed ~21.5
Million. in the event the project bids may cause the amount to exceed that
maximum, the parties agree to value engineer and redesign the project to bring it
within that maximum budgeted amount.
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5 Financinq. The City passed with the Team's help a 1/8 cent sales tax
under Section 4A of the Development Corporation Act with a specific ballot measure
to authorize use of a portion of the tax proceeds to fund the construction of a
baseball stadium in the Convention Center/Port area of the City. Financing of the
Stadium shall be the responsibility of the City and the Corpus Christi Business and
Job Development Corporation (4A Board). Payment for Project Cost shall be limited
to the proceeds of the Sales Tax. Currently, the project's overall budget is $21.5
million.
In the event the City and the Corpus Christi Business and .lob Development
Corporation (4A Board) elect to issue debt to pay for all or any portion of the project
cost, the Team agrees to use its best efforts to assist in the marketing of the bonds
and to minimize interest costs by working to make a portion of the bonds tax
exempt. Both parties also agree to use their best efforts to identify additional
funding sources. These include but are not limited to Federal and State funds,
private investment and grant monies.
Additionally, the Team will contribute $3 million to the project, this amount
will include Fixtures, Furniture and Equipment related to the operation of the
Stadium, food and concession service. This investment will take the form of capital
assets and items directly related to the operations of the stadium and the
corresponding tenant or users of the stadium.
The costs of owning and operating the Baseball Club will be borne by the
Tea m.
6 Naminq Riqhts. The Team shall have the right to sell the Naming
Rights to the Stadium for the term of the Lease. The City agrees to use its best
efforts to assist the Team in securing the best possible Naming Rights opportunity
for the Stadium. The final agreements will contain provisions designed to insure
that the name for the Stadium is appropriate for a City-owned facility.
7 Lease. Upon the execution of this Agreement, the City and the Team
will negotiate the Lease on terms mutually acceptable to the City and the Team;,
pursuant to which the Team will be obligated to lease the Stadium. The initial lease
term shall begin upon completion of the Project and will have a term of 15 years
with two options for extension of 5 years each. Rental payments by the team shall
be $50,000 annually for years ! through 5, $60,000 annually for years 6 through
10, and $70,000 annually for years 11 through 15. Payments for any extension
shall be covered in the final agreements. In addition, supplemental rents may be
required pursuant to Section 11 to provide funding for the Capital Reserve Fund.
Supplmental rents shall be $.50 per actual attendee from 250,000 to 350,000
attendees per season, $.75 per actual attendee from 350,001 to 400,000 attendees
and $1.00 per attendee over 400,000 attendees per season.
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8 Hanaqement and Operation of the Stadium. The Team will have
the authority and responsibility to manage the Stadium at all times, including in
connection with events other than those involving the Baseball Club. In its
management of the Stadium, the Team will have the right to determine how and
when the Stadium is used, and will be responsible for maintenance; marketing;
advertising; food concessions, product concessions, and other concessions; and
interior and exterior signage. The Stadium shall be operated in a first class manner
comparable to other recently constructed minor league baseball facilities.
Team will fund the day to day costs of operating the Stadium. To the extent
the City has the ability to reduce operating costs through bulk purchasing
arrangements without additional cost to the City, it will aid the team in such
endeavors within the limits allowed by law. (i.e. electricity, natural gas, telephone,
and other utilities)
The City will be responsible for all costs that may arise or exist relating to
roads and other infrastructure, sewers, existing environmental liabilities that may
come to light during the stadium's operations, and capital repair and capital
maintance in excess of normal operational repair or maintance which will be the
responsibility of the team, subject to the provisions of Section 11. The City will also
be responsible for property and casualty insurance on the Stadium. Liability
insurance shall be provided and paid for by the Team.
Although the Team will have the right to determine how and when the
Stadium will be used, the Team will permit the Stadium to be used (a) by local
baseball teams, on terms acceptable to the Team, and (b) by the City from time to
time for non-profit events, in each case so long as such use does not directly or
indirectly interfere with use of the Stadium by the Team or previously scheduled
Stadium events and, in the case of other events, such use does not, in the
judgment of the Team, adversely affect the ability of the Team to conduct its
business in the Stadium in a first class and profitable manner, including but not
limited to the maintenance of the field surface. The Team will cooperate with the
City to attempt to resolve any scheduling conflicts. The City shall pay the respective
direct costs and expenses of operation of the Stadium in connection with the City's
use on a reimbursement basis.
City events can not compete with RSR sponsored events or negatively effect
the operations of the stadium for its intended purpose.
The parties agree that it is in their best interst to coordinate non-sports use
of the Stadium and the Multi-Purpose Arena, both City tax supported facilities, to
the maximum extent feasible. To that end, the parties intend to negotiate a
provision to be included in the definitive lease documents which describes the
process for cooperation. That provision will be negotiated between the parties and
will include SHG, the firm selected by the City to manage the Multi-Purpose Arena.
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9 Stadium Facility Revenues. With the sole exception of non-profit
and city use in accordance with Section 8 above, all revenues from or relating to the
Stadium (whether such revenues associated with games played by the Baseball Club
or any other event) will go to the Team, including but not limited to revenues from
Stadium ticket sales, Stadium rents, seat licenses, luxury boxes, club seats, parking
(to the extent that the parking facility is owned by or leased to the City, or that the
City obtains any revenues therefrom), Naming Rights, interior and exterior signage,
luxury boxes, food concessions, merchandise concessions, and any and all other
sources of revenue from or relating to the Stadium that may be developed in the
future related directly to the Team's operations or the Team's identifying and
implementing additional revenue streams.
:1.0 Parkinq. The Lease will include provisions that the City, no later
than April 1, 2005, will provide for sufficient parking, consisting of not less than
:t,500 adjacent parking spaces, to be available for each Stadium event.
The Team will be guaranteed these parking spaces during all its home games,
regular season, pre-season and post-season play as well as twenty (20) additional
dates for events to be held in the Stadium to be determined between the Team and
the City.
The Team will operate the parking and receive all revenue associated with
said parking on these exclusive aforementioned dates. The City will see that no City
sponsored parking will undermine the Team's parking enterprise via pricing, access
or availability. The Team agrees that it will not undermine the City's parking
enterprise in lots owned and operated by the City surrounding the Bayfront
Convention Center and Arena via pricing, access or availability.
It is understood that the adjacent parking described in this section will be
provided on property leased by the City from the Port of Corpus Christi. The City
and the Port of Corpus Christi have expressed their intent to enter into a
Management Agreement with the Team to operate that facility on a continual basis
for a term that coincides with the lease for the Stadium. The Port has further
agreed that it will involve the Team in any program to allow for development on
porperty adjacent to the Stadium and that it will insure that, should any
development occur, the construction will not unduly interfere with the ability of the
Team to operate the Stadium for the regular and post-season period.
l~.. Capital Reserve. The City shall establish a Capital Reserve utilizing
$250,000 from the initial project budget and shall keep those funds in a separate,
interest-bearing account. The definitive lease documents shall include provisions to
make those funds available to the Team for capital repair and capital maintenance
in excess of normal operational repair or maintenance (which is the regular
responsibility of the Team). In the event through approved use of those funds, the
balance in the Capital Reserve is less than $175,000, the Team shall be obligated to
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pay Supplemental Rent as provided in Section 7 above until the Reserve is returned
to the original $250,000 level. Save and except catastrophe or act of God, the
funds available within the Reserve at any one time represent the City's sole
obligation to provide for capital repair for the Project.
12. Exclusivity. From the date of this Agreement through January 1,
2005, neither the City nor any of its agencies, officials or representatives will (a)
negotiate or enter into discussions with any other any person, group or entity (other
than the Team) to develop minor league baseball in the City, (b) support or
facilitate the development of a baseball stadium in the City for use by a professional
baseball team by any person, group or entity other than the Team, and/or (c) enter
into a lease or other agreement regarding the ownership, lease or use of the
Property with any person, group or entity (other than the Team) which interferes
with the terms of this Agreement, and/or conduct any negotiations or enter into any
understanding relating to any of the foregoing. The City acknowledges that the
Team's remedies at law will be inadequate for any breach by the City of its
agreements under this Section 12, and that, in addition to any damages and other
remedies at law to which the Team may be entitled on account of such breach, the
Team shall be entitled to obtain injunctive and other equitable relief in connection
with any breach by the City of this Section 12.
13 Publicity. The Team and the City each hereby agree that neither
shall, without the prior written consent of the other (which consent will not be
unreasonably withheld), issue any press release, hold any press conference or
otherwise make any public announcement relating to the transactions contemplated
by this Agreement.
14. As$iqnability. The team may assign this agreement with the City's
approval, not to be unreasonably withheld, to a party with a baseball club at an
equivalent level (AA or equal) and with similar net worth, or a related partywith
ownership of a baseball club of equivalent level. The assignment will be to a group
with sports team operational experience and adequate financial resources to
assume all responsibilities outlined within this document.
:LS Notices. All notices, demands, requests, consents, approvals and
other communications required or permitted to be given hereunder, or which are to
be given with respect to this Agreement, shall be in writing and shall be deemed
delivered (i) on the day of delivery by facsimile electronic transmission, if such
facsimile is sent on a Business Day prior to 3:00 p.m. of the recipient's local time,
and on the next Business Day if such facsimile is sent at or after 3:00 p.m. or if it is
sent on a day that is not a Business Day, provided in each that a confirmation copy
is sent via another manner set forth in this Section 14), (ii) on the next business
day following delivery to Federal Express or another nationally recognized air-freight
or commercial delivery service for next day delivery, or (iii) four (4) Business Days
following deposit thereof in the United States mail, certified mail (return receipt
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requested), provided such notices shall be addressed or delivered to the parties at
their respective addresses or facsimile telephone numbers set forth below or at such
other address or facsimile number as any such party may have designated by notice
to each of the other parties in accordance with this paragraph. Copies of all notices
delivered hereunder shall also be delivered in the same manner to counsel for the
parties hereto.
If to the Team:
With a copy to:
RSR Sports
P.O. Box 5309
Round Rock, Texas
Attn: Reid Ryan
Telephone No.: (512) 255-2255
Facsimile No.: ( )
Locke Lidell Sapp
3400 Chase Tower
600 Travis Street
Houston, Texas 77002
Al/n: Kevin Peter
If to the City:
City Manager
City Hall
P.O. Box 9277
Corpus Christi, Texas 78469
With a copy to:
City Attorney
City Hall
P.O. Box 9277
Corpus Christi, Texas 78469
All costs and expenses of the delivery of notices hereunder shall be borne and paid
for by the delivering party. No notice shall be deemed duly delivered hereunder
unless all postage or delivery charges shall have been prepaid by the sending party,
or otherwise delivered to the receiving party free of delivery charges.
16 Entire Agreement; Amendments. This Agreement constitutes the
entire understanding of the parties hereto with respect to the subject matter hereof
and supersedes all prior understandings or agreements between the parties with
respect to the subject matter hereof. This Agreement may not be amended, nor
may any party hereto be relieved of any of its liabilities or obligations hereunder,
except by written instrument duly executed by each of the parties hereto. Any such
written instrument entered into accordance with the provisions of the preceding
sentence shall be valid and enforceable notwithstanding the lack of separate legal
consideration therefore.
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17 Team. As used in this Agreement, all references herein to the
Team shall in each case refer to the Team.
18 Governinq Law. This Agreement is made pursuant to, and shall be
governed by and construed in accordance with, the laws of the State of Texas
without reference to the conflicts of laws provisions thereof.
19 Headinqs. Section and subsection headings used herein are for
convenience and ease of reference only and are not intended to have any legal
effect. Accordingly, no reference shall be made to any such section or subsection
headings for the purpose of interpreting, construing or enforcing any of the
provisions of this Agreement.
20 Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original and all of which, when
taken together, shall be deemed to be one non-binding Agreement. In the absence
of an original signature page, a signature page transmitted by facsimile transmission
shall be effective for all purposes of this Agreement.
21 No Third Party Beneficiary. Each of the covenants, undertakings
and agreements of the parties hereto are intended solely for the benefit of the other
party and its successors and permitted assigns under the provisions of this
Agreement, and are not intended for the benefit of, and may not be enforced by,
any third party.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed as of the date first set forth above.
RSR SPORTS, INC.
By:
Its:
CITY OF CORPUS CHRISTI
By:.
Its:
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38
CITY COUNCIL
AGENDA MEMORANDUM
December 12, 2003
AGENDA ITEM: Motion authorizing the City Manager to execute a Contract of
Purchase and Lease Port Property with the Port of Corpus Christi Authority for the City's
baseball stadium and related parking spaces, subject to the certification of funds.
BACKGROUND: The demolition of the warehouses at the site is scheduled to begin
on January 1,2004. Before demolition of the construction site can begin, the City
needs to finalize its purchase of the site from the Port of Corpus Christi Authority. The
terms of the Contract of Purchase and Lease Port Property with the Port of Corpus
Christi Authority are set out in the "Sale of Baseball Stadium Site to City of Corpus
Christi Key Terms" prepared by the Port's staff dated September 30, 2003. (A copy of
the term sheet is attached.) The lawyers for the City and Port are still being worked out
the language in the actual contract. Since the City Council meets for its final Council
meeting of 2003 on December 16, the Staff is asking for Council to authorize the City
Manager to execute the Contract before the next Council meeting.
REQUIRED COUNCIL ACTION: Approval of the motion.
eining/
ity Attorney
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Sale of Stadium Site:
Puxchase Price of
Stadium Si(e:
Lease of Stadium Site:
10/31/03 iO:19 P. 04/007
Dated: Septemb~er 30,200_3 _
SALE OF BASEBALL STADIUM SITE TO ~ CITY OF CORPUS CItRISTI
KEy TERMS
Set forth below is a summary of the key terms of thc sale of;xpproximately 11.16 acres of Port of Corpus
Christi Authority property to the City of Cor~us Christi for a baseball stadium site.
Parties and Related City of Co~as C~hris6 ("City")
parties:
Port of Corpus hrlsti Authority of Nueces County, Texas ("Port")
RSR Sports, Im or any other entity controlled by the owners of RSR
Sports, Inc. ("RS R Sports")
Diagram: The diagram ara :hed to this term sheet shows the following areas:
· Stadium Are,, which is approximately 1 1.16 acres located
between the (~vo Por~ Development Areas and which contai.~ a
drawing oft~e Stadkun ("Stadium Site")
· Two Port D~velopment Areas, onc of which contains
approximatel~. 5.43 acres on the east side of the Stadium Site and
the other of~rhi.'eh contains approximately 523 acres on the west
side of the Stadium Site (collectively, the "Original Parking
Lots')
· parking Area,, which is the marked area between Port Avenue mad
Brewster/°n both sides of Tancahua ("Alternate Parking Lots")
The
Stadium[Site and the Original P~,,k~n~ g Lots, taken together as
one tract, at, referred to here~ as the 'Ociginal Developmont
Tract"
The Port will sel~ the Stadium Site £o ~e City for the pv. rpose of
co, ns/ruotmg a baseball stadium thereon ("S~;~;iium"), The Stadium
w~th related arue/fifies shall be consi.~ent with baseball star/urns built
within the last $ ~ears/~ comparable markets and/n ae~ordmac¢ with
the standards of ~hc National Association of Professional Baseball
Leagues and MajOr League Baseball_ The s'tad/um w/Il conta/n at
leas~ $,$00 fixed ~eat&
!
Thc purchase price of the Stadium Site will be $1,100,000 ("Purchase
Price ). The Purbhese Price, together w~th interest on the unpaid
portion of the P~chase Price at the rate of 2.8446% per annum, shall
be due and payable in 30 annual installments of $90,000 each. The
first ius~allment will be due and payable on the first ann;versary of the
closing date of the sale of the Stadium Site to the City ("Closing
Date ), and the r~mammg installments will be due and payable on the
same day of each succeeding year thereafter until the Purchase Pr/ce,
t - -
ogether wah interest thereon, has been paid in full. The Ci~$
obligation to pay the Purchase Price will evidenced by the City's
promissory note payable to the Port (the Note"), and payment of the
Note will be sectored by a vendor's lien and deed of trust lien on the
Stadium Site.
The City will leto the Stadium and Stadium Site to RSR Sports on
suoh terms ntl c, n / 0nx the Cty and may a ree (the
"Stadium Lease,l; provide,d; however, that the City will use its best
efforts to ensure fhat ~hc baseball team playing it: the Stadium is au
liate o f Mai ol League _~a~_b ail.
Original Parkin~ Lois: Thc Port will lc~ ~c thc Original Parkin§ Lots to the City for Stadium
Parking (the "p~lklug Lease"), subject to thc following t~nns and
conditions:
· The term of c Parking Lease will be coterminous with the
Stadium Lea~e
· The Origin~l Parking Lots will have at least 1,500 parking sp~oes
· RSRS orm~
p r its designee will mauage and operat~ the parking
lots covered undc~ the Parking Lease (thc 'Stadium Parking
Lots") I~ .
" l.o exchange [~or its stlrcc'unent to manage thc Stadium Parking
Lots, PSI( Si~orts shall be entitled to retain 100% of the parking
revenue collected by RSK Sports or ~ts designee for the right to
park m thc S~m, clium Parking Lots dunng pro/'esslonal bascball
games ("Bas~b. all Parking Revenue")
· The rental uader the Parkit~g Lease shall be 100% o£the parking
revenue collated by RSP. Sports or its designee for the right to
park in the S~adiurn Parking Lots, ¥ r~gS ali of the Baseball
Park/rig Rcv6nuc and any other maa-~gement fees agreed to by thc
Port
· P..SR Sports ~ha]l bc responsible for keeping the Stadium Parking
Lots in goo~repak during the baseball season, while the Port will
be respons[ble for maintaining the Stadium Parking Lot~ during
the
· Subject to it.q agreement not to interfere with the operation o~' the
Stadium, theIPort shall ha~e the right to suB~dmte the .,~lteraate
ParkSng Lo~ for the OlS. gi~al Park~.g Lots at any time exoept
during the baseball sea, on. If the Port exercis~.s th~ right, all
terms and cotaditmns of the Parking l~-a~e ~ha/1 remain in
force and e~ect with respect to the Alternate Parking Lots.
Demolition of Stadium If requesled to do so by the City, the Port will demolish the
Site: warehouses cUn'ently on the Stadium S~te after thc Closing Date for
$1,500,000 paid [u advance. Demolition of the warehouses does not
include dcmolitin~ n of the foundations.
Demolitio,, sad The Port will demolish thc warehouses on the Original Parking Lots
Constru. ct[o~ on ~ller thc Closi.ngjDal~ and construct parking lots on this site with st
Original Parldng Lots: least 1,500 park~,' g spaces, Thc City agrees to work with the Port ca
regul,.tio~s or or~in-~aces which rnigh[ otherwise apply to the
landscaping of ~tl~'so parking lots.
Demolifioa and Before substituti~ g"l the Altern~t,e, Parking Lots for the Original
Construction on Parking Lots in the Parking Lease, the Port will demolish the
Alteraate Parking arehou~ on th, c Alternate Parking Lots and ~onstruct parking lots
Lots: on this site with it least 1,500 parking spaces. The Port ~,rees that it
will .schedule th~ demohiion and construction on the A[temate
Parking Lots so as not to interfer~ with thc operation of the Stadium.
The City agrees to work with thc Port on regulations, or ordinances
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Construction of Ne~
Improvements on
Original Parking Lats:
Landfill Charges:
Right-of-Ways Around
the Stadium:
the Port substitutes the Alternate Parking Lo~ for the Origi~l
Park/rig Lots un'let the Parking Lea~¢, th~ Po~: iatends to develop the
area cov~ed by ~h¢ Original Parking Lots. The Port agre~ that
co~tmct~on o f .~n.y. new improv~ment~ on th/s ~ite, wh~ther made by
thc Port or the Port's tenants, will be schcdnled so ss not to interfere
with the operations of the Stadiun~
The City will allbw the Port's demolition contractor(s) to utilize the
City's landfill at ~o charge for disposal of all eligible waste resulting
fi.om the demolition on the cotton warehouses and other
- I
xmprovemcnts on thc Stadium Site, the Original Parking Lots, and the
Altcrnat¢ Parkin~ Lots. Thc Por~ agrees to require its deraolition
contractor(s) [o fake s good faith effort to salvage material fi.om thc
demolition. /
The Pon a~s ,that it will dedicate reasonable right-of-ways to the
City for construction of streets around thc peximctcr of the Original
Development ?~ct, if re, queste~ to do so by the City. There will be
no cb. argo for these right-of-ways. Thc City will pay thc entire cost of
thc streets, curb:, gutters, and sidewalks oonstructed in these right-of-
ways.
3
-428-
C
(+/- 11 6 CROS)
PORT AREA EAST
IL (+/- 5.43 ACRES)
�? PORT AREA WEST
3.23 ACRES) +
11151DE INTEF2A(OD T RMINAL
00
to
C.C.P.C.
OFFICE
F-1 F7
C
8
CORPUS CHRISTI SHIP CHANNEL
ORTIZ CENTER
ou=
SCALE: 1' . 300'
m
m
BAYFRONT I
AREA
SEPT. 2003
39
AGENDA MEMORANDUM
December 16, 2003
SUBJECT: Seawall Reconstruction Project - Contract B-2, Part B
(Project #3264)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a construction contract
with Gunther-Nash of St. Louis, Missouri, in the amount of $9,900,080.58 for the Seawall
Reconstruction Project Contract B-2, Part B, Power Street Outfall to Peoples Street.
FUNDING: Funding is available from the Seawall Capital Improvement Fund.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Director - Engineering Services
Attachments:
Exhibit A - Additional Information
Exhibit B - Preliminary Budget
Exhibit C - Location Map
Exhibit D - Bid Tabulation
H:\HOME\KEVINS\GEN\SEAWALL\B2\PartB-PowertoPeoples~AwdMemo.doc
-433-
ADDITIONAL INFORMATION
PRIOR ACTIONS:
This project has involved a number of complex actions. The most significant Council and
administrative actions are attached. See Exhibit A-I.
FUTURE COUNCIL ACTION: · Award of engineering, geotechnical, materials testing and construction
contracts for the project.
· Engineering contract for design of Contract D (Coliseum to Holiday Inn).
· Seawall Reconstruction Contract D (Coliseum to Holiday Inn).
BACKGROUND:
The Bayfront Protection Structures include a number of improvements. A summary of
those improvements and their condition is attached. See Exhibit A-2.
PROGRAM SCOPE: The project consists installing new sheet piling, installing flowable fill
under the seawall, new reinforced concrete caps doweled to the existing seawall, repair of
cracks and spalls, expansion joint replacement, installing hydrostatic relief systems,
demolition and reconstruction of curb inlets, curb and gutter and the seawall apron
(sidewalk).
PROJECT SCHEDULE: The contract requires that work be completed within 547 calendar
days (approximately 18 months) of the start of construction. Construction of work at panels
193 through 178 must be complete by September 15, 2004
BIDS: The City received and publicly opened three bids on Wednesday, December 2,
2003. See Exhibit D. The project was bid as a total base bid with two additive alternates.
The total bid with both additive alternates ranged from a Iow bid of $9,900,080.58 to
$11,917,350.00. Gunter-Nash, Inc. of St. Louis, Missouri, submitted the Iow bid.
CONTRACTOR EVALUATION: Gunter-Nash submitted pre-award evaluation materials to
Shiner Mose!ey. Shiner Moseley met with the two Iow bidders on December 9, 2003 in
separate meetings. They recommend the award of the base bid and two additive
alternates to Gunter-Nash.
RECOMMENDATION: Approval of the motions as presented.
Exhibit A
Page I of 1
H :\H O M E\KEVI N S\G E N\S EAWALL\B2\Pa rtB-PowerloPeoplesV~ExhA.doc
PRIOR ACTIONS
PRIOR COUNCIL ACTIONS:
1. November 25, 1997 - Approval of seawall investigation and use of Gateway proceeds (M97-
347);
2. March 24~ 1998-
· Motion authorizing the execution of a contract in the amount of $36,804 with Bracco
Construction Co. for Seawall Inspection at Panels 205 and 206 (M98-084);
· Motion to authorize award of a seawall condition assessment in amount of $386,000 to
Shiner Moseley and Associates, Inc. (M98-085);
· Motion to authorize execution of a Contract for Geotechnical, Laboratory, and
Petrography Services related to the Seawall Investigation Project with Bacon
Engineering, Inc. for a fee not to exceed $49,000 (M98-086); and
· Motion to authorize execution of a Contract for Non-Destructive/Non~lnvasive
investigation Services for the Seawall Investigation Project with W. G. Jaques Company
for a fee not to exceed $86,210 (M98-087).
3. May 29, 2001 -
· Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 for
engineering services in the amount of $581,000 with Shiner Moseley and Associates,
Inc. for the Pilot Seawall Reconstruction Project (Contract A) and Seawall
Reconstruction Project B-1 (M2001-208); and
· Motion authorizing the City Manager, or his designee, to execute a geotechnical and
materials testing contract in an amount not to exceed $79,602 with Fugro South, Inc.
(Gulf Coast Testing Laboratory) for the Pilot Seawall Reconstruction Project (Contract A)
and Seawall Reconstruction Project B-1 (M2001-209).
4. January 15, 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 6 for engineering services in the amount of $87,700 with Shiner Moseley
and Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A) and Seawall
Reconstruction Project B-1 (M2002-022).
5. April 30, 2002
· Motion authorizing the City Manager, or his designee, to execute a construction contract
in the amount of $6,127,099.50 with Laughlin Environmental, Inc. for the Seawall
Reconstruction Project Pilot Program and Contract B-1 (M2002-123).
· Motion authorizing the City Manager, or his designee, to execute an engineering
materials and construction contract with Fugro South in an amount not to exceed
$49,700 for the Seawall Reconstruction Project Pilot Program and Contract B-1 (M2002-
124).
· Motion authorizing the City Manager, or his designee, to execute Amendment No. 7 with
Shiner Moseley and Associates, Inc. in the amount of $127,100 for additional
construction inspection and management services contract for the Seawall
Reconstruction Project Pilot Program and Contract B-1 (M2002-125).
6. October 29, 2002
· Motion authorizing the City Manager, or his designee, to execute Amendment No. 8 in
the amount of $2,214,900 with Shiner Moseley and Associates, Inc. for the Seawall
Reconstruction Project B-2 (Part A and Part B) - (M2002-360).
· Motion authorizing the City Manager, or his designee, to execute a geotechnical services
contract in an amount not to exceed $126,820 with Fugro South, Inc (M2002-361).
7. November 19, 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 9 to an engineering contract with Shiner Moseley & Associates, Inc. of
Exhibit A~I
Page 1 of 3
H:\HOME\KEVINS/GEN\SEAWALL\B2\PartB-PowertoPeoples'C~orActionsExhA1 .doc
Corpus Christi, Texas in the amount of $84,748 for the Blucher Arroyo Storm Water
Drainage Structure Condition Assessment (M2002-383).
8. March 4, 2003 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 11 to an engineering contract with Shiner Moseley & Associates, Inc. of
Corpus Christi, Texas in the amount of $140,400 for the design, negotiation, and
construction administration for:
· Repair of Blucher Arroyo Storm Water Drainage Structure,
Modification of the Seawall Area, Sidewalk and Curb Re-grading, Storm Water
Collection, Drainage and Outfall for the Seawall Pilot and Contract B-l; and
· Modifications to the Seawall Area Storm Water Outfali System at McGee Beach
(M2003-091).
9. June 24, 2003 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 12 to an engineering contract with Shiner Moseley & Associates, Inc. of
Corpus Christi, Texas in the amount of $158,154 for Storm Water Collection and Outfall
Lines Condition Assessment (M2003-227).
10. Auqust 26, 2003 -
a. Motion authorizing the City Manager, or his designee, to execute a construction
contract with Laughlin Environmental, Inc. of Houston, Texas, in the amount of
$4,219,200.00 for the Seawall Reconstruction Project Contract B-2, Part A,
Lawrence Street T-Head and Coopers Alley L-Head Repairs. (M2003-302)
b. Motion authorizing the City Manager, or his designee, to execute an engineering
materials testing and inspection contract with Fugro South, Inc., in an amount not
to exceed $37,240.00 for the Seawall Reconstruction Project Contract B-2, Part
A, Lawrence Street T-Head and Coopers Alley L-Head Repairs. (M2003-303)
c. Motion authorizing the City Manager, or his designee, to execute Amendment
No. 14 to the engineering services contract with Shiner Moseley and Associates,
Inc., in an amount not to exceed $1 ~950,000.00 for design of Seawall Contract C
(Marina Reach) and post construction underwater survey services for Contract B-
2. (M2003-304)
PRIOR ADMINISTRATIVE ACTIONS:
1. June 8, 1998 - Award of Amendment No. 1 (additional testing) in amount of $13,470 to
Bacon Engineering, Inc. for Geotechnical, Laboratory, and Petrography Services related to
the Seawall Investigation Project;
2. February 11, 1999 - Award of Amendment No. 1 (Backwater Levee Gate Report) in amount
of $14,350 of seawall condition assessment contract with Shiner Moseley and Associates,
Inc.;
3. Auqust 26, 1999 - Award of Amendment No. 2 (Design of Backwater Levee Gate Structures)
in amount of $-0- (change of scope) of seawall condition assessment contract with Shiner
Moseley and Associates, Inc.;
4. December 8, 1999 - Award of Amendment No. 3 (Backwater Levee Gate Structures
Foundation and Railroad coordination) in amount of $14,350 of seawall condition
assessment contract with Shiner Moseley and Associates, Inc.; and
5. March 27, 2000 - Award of Amendment No. 4 (Backwater Levee Gate Structures
Construction Phase) in amount of $13,330 of seawall condition assessment contract with
Shiner Moseley and Associates, Inc.
6. December 12, 2002 - Award of Amendment No. 10 (Connection Capacity between New and
Existing Pile Cap) in amount of $13,000 of seawall condition assessment contract with
Shiner Moseley and Associates, Inc.
7. June 10, 2003 - Award of testing contract for concrete evaluation of Pilot Program in the
Exhibit A-1
Page 2 of 3
H:\H OME\KEVI N S\G E N\S EAWALL\B 2\Pa rtB - PowertoPeoples~{~-~erActions ExhA 1 .doc
amount of $5,632.78 to Wiss, Janney, Elstner Associates, Inc. of Northbrook, Illinois.
8. July 3, 2003 - Award of Amendment No. 13 (storm water condition assessment traffic
control) in amount of $24,950 of seawall condition assessment contract with Shiner Moseley
and Associates, Inc.
9. July 10, 2003 - Award of Amendment No. 1 to a testing contract for concrete evaluation of
Pilot Program in the amount of $10,301.73 to Wiss, Janney, EIstner Associates, Inc. of
Northbrook, Illinois.
10. July 31, 2003 - Award of Amendment No. 2 to a testing contract for concrete evaluation of
Pilot Program in the amount of $9,054.34 to Wiss, Janney, Elstner Associates, Inc. of
Nor~hbrook, Illinois.
Exhibit A-1
Page 3 of 3
H:\HO ME\KEVIN S\GEN\S EAWALL\B 2\Part B-PowertoPeoples~'~i,~jl'ierActionsExhAl .doc
BAYFRONT PROTECTION & CONDITION ASSESSMENT
BAYFRONT PROTECTION STRUCTURES:
Construction of the Bayfront Protection Structures began in 1939. The most identifiable
portion of these structures is the concrete steps and apron panels (sidewalk). However,
the Bayfront Protection Structures and other seawall or bulkhead type structures also
includes the L and T-heads, breakwaters, riprap, and the earthen levy extending to the
Harbor Bridge.
The structures incorporated into the Bayfront Protection include:
1. Vertical Bulkheads consisting of steel sheet pile main wall with reinforced
concrete caps;
2. Sloped Slabs on Grade with shallow steel sheet piles Bcut-offB wall at the
lower edge;
3. Stepped Seawall Sections which are timber pile supported reinforced
concrete beam-and-slab structures with four transverse beams extending
from a top longitudinal girder (head beam) to a bottom steel sheet
pile/concrete cap (beam).
The seawall section beams are supported on creosote treated timber foundation piles
with the top surface of the slab being formed into steps conforming to the slope of the
seawall. Each section is headed at the top with a longitudinal beam for the full length
(40') of the section and ended at the bottom with a longitudinal pile cap beam along a
steel sheet pile wall. See Exhibit B-2. Three different designs of these sections were
used with a fourth modification without steps used at two locations.
Additionally, two large pressure discharge storm drains are installed through the seawall
that are of a significant size that the integrity of the line upstream is a major
consideration during storm tides. Storm Drain Sluice Gates also are installed through
the seawall. Weepholes (filtered relief ports) were also installed in each section of the
seawall to help alleviate excessive hydrostatic pressure behind the steel sheet piling.
CONDITION ASSESSMENTS:
The more recent condition assessments of the Seawall include:
1. November, 1980 - A Study of the Structural Integrity of the Peoples Street
T-Head, Including the Necessity, if any, for Piling. Ogletree & Gunn, Inc.;
2. October, 1981 - Engineering Study & Recommendation for L-Head and T-
Head and Breakwater Improvements. Goldston Engineering;
3. July, 1985 - Report on Condition Survey & Inspection ofthe Corpus Christi
Seawall. Ogletree, Byrne, Welsh & Hubner Engineering; and
4. June, 1987 - Preliminary Review for the Proposed Improvements to Barge
Dock & Water Circulation Tunnels. Ogletree Engineering, Inc.
5. November, 1999 - Seawall Investigation Project Final Report. Shiner
Moseley and Associates, Inc.
Exhibit A-2
Page 1 of 2
H:\HOME\KEVINS\GEN\SEAWALL\B2\PadA(T&LHeads)\^CtrACA~[~ditionExhA2.doc
The most recent study by Shiner Moseley included geotechnical testing and analysis, a
pile condition or capacity assessment, concrete compression testing, laboratory tests of
reinforcing steel, concrete petrography, inspection and assessment of timber piles,
assessment of anchor rod and turnbuckle conditions, void detection, or use of new non-
destructive investigation techniques (Ground Penetrating Radar). (Concrete
petrography is the process of conducting tests on concrete samples (cores) to
determine/verify the original concrete mix design, watedcement ratios, and other
physical concrete properties.) Additionally, it was determined that an investigation of
representative sidewalk panels would be beneficial. Two panels were selected for
further investigation based upon visual inspection of cracking patterns and voiding
under the apron panels (panels 205 & 206).
ASSESSMENT FINDINGS:
The structure is over 60 years old. Marine structures of this type are typically designed
with a much shorter life and require major maintenance after 30 to 40 years. The
seawall has performed very well, but has received only the most minimal maintenance.
Key findings were:
1. the overall protection system is intact, but is in need of reconstruction to
ensure its continued viability;
2. soil has been lost under the seawall creating voids along its entire length;
3. the rear timber piles examined were decayed from fungus attack with up
to half the pile diameter lost, and marine borers have damaged the front
row of pilings;
4. concrete was found to be of a very high quality, but corrosive salts are
penetrating through the concrete;
5. reinforcing steel is not yet experiencing general corrosion, but where
cracks allowed seawater to penetrate to the steel there was limited areas
of significant corrosion;
6. there are noticeably large cracks in almost all of the 40-foot long concrete
panels that make up the seawall which appeared to have originated due to
temperature shortly after construction; and
7. sheet pilings that is supposed to seal and support the front of the seawall
were found to be deteriorated which weaken the wall and allow sand
under the seawall and sidewalk to leak out.
Exhibit A-2
Page 2 of 2
H:\HOME\KEVINS\GEN\S EAWALL\B2\Par~(T&LHeads)\^Ctr,~ditionExhA2.doc
Seawall Reconstruction Project - Contract B-2, Part B
Power Street Outfall to Peoples Street
(Project #3264)
Preliminary Project Budget
December 16, 2003
FUNDS AVAILABLE:
Seawall CIP Funds 11,929,380.58
Total 11,929,380.58
FUNDS REQUIRED:
Construction Contract 9,900,080.58
Project Contingency (6%) 792,000.00
QA/QC Testing Contract 65,000.00
Engineering Design/Permit
Amendment No. 8 Contract B-2, Part B (Prorata) 758,000.00
Amendment No. 8 - Additional Services (50% 325,300.00
Prorata)
Engineering Total 1,083,300.00
Construction Inspection (in AYE contract) 0.00
Survey (in AYE contract) 0.00
Engineering Project Liaison 65,000.00
Incidental Expenses (Printing, Advertising, etc.) 24,000.00
Total 11,929,380.58
H:\HOME\KEVINS\GEN\SEAWALL\B2\PadB-PoweHoPeopIes~AwdBudgetExhB.wpd
Exhibit B
Page 1 of 1 ,
-440-
File : \Mproject\councilexhibits\exh3230.dwg
NUECES BAY
AC~N ES
LOCATION MAP
NOT TO SCALE
PROJECT
LOCATION
CORPUS CHRISTI
N
BAY
CZZZ) . CZ:) CZZZD (__
PEOPLE'S STREET
T-HEAD
PROJECT EXTENTS
CZTY PROJECT NO. 3230
SITE MAP
NOT TO SCALE
SEAWALL RECONSTRUCTION PROJECT CONTRACT B-2~
PART A, LAWRENCE ST. T-HEAD & COOPERS ALLEY
L-HEAD REPAIRS
CI~ OF CORPUS CHRIST, TEXAS -441-
EXH.[BI T "C"
C.[TY COUNC.[L EXHT_B.[T
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 12- 1 !-2005
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: SHINER MOSELEY AND ASSOCIATES, INC.
DATE: DECEMBER 2, 2003 TDYfE OF COMPLETION: 547 DAYS
PAGE1OF4
ENGINEER'S ESTIMATE:
$11.314,505
SEAWALL RECONSTRUCTION PROJECT
CONTRACT B-2, PART B, POWER STREET OUTFALL TO PEOPLES STREET
Laughlin Thyssen, Ltd.
1320 Bayles Street
Gunther Nash, Inc.
Two City Place
Orion Construchon, Inc.
12550 Fuqua
Houston.Texas
77020
St. Louis Missouri 63141
Houston Texas 77034
ITEM
DESCRIPTION OTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE AMOUNT
UNIT PRICE AMOUNT
1
Provide all labor, material, equipment, bonds, 1
insurance and all other items v ssary to
LS
6,250,000.00
6,250,000.00
5,921,663.00 5,921,663.
co
7,815,850.00 7,915,850.00
omplete the work described in the Blame and
specifications to install new sheet piling,
install concrete and flowable fill under the
seawall, repair cracks and spalls, expansion
joint replacement install hydrostatic relief
systems, demolition and r nstrurtion of curb
inlets, curb and gutter and seawall apron,
provide fencing and barriers during
construction, slipline and videotape the
interior, of all storm water lines within the
project limits, and all other items required to
complete the work described in the plana and
specifications, complete and in place per LUMP
SUM, except for work Coffered under Bid items 2
thou 28.
2
Provide an allowance for the application, i
purchase, installation and/ornstruction of
LS
411, coo 00
411,000.00
411,000.00 411,000.00
411,000.00 411,000.00
m
r.hiteetar.1 a pities and/or finishes a
directed by the City, complete and in place per
LUMP SUM.
Note: Allowance for Bid Item 2 will be paid
only for additional items requested and
specific pricing agreed to by the City. This
s not a guaranteed portion of the contract.
3
Place uniei.f..sd c rete in -fill in Fill 1365
Area 1, complete and in place per CUBIC YARD,
CY
112.00
152,880.00
146.50 199,972.50
130.00 177,450.00
4
Provide Plowable fill material for Fill Area 2 1225
(submerged area under the seawall), complete
CY
80.00
98,000,00
175.89 215,465.25
140.00 171,500.00
and in place per CUBIC YAea
B
Note: All labor and equipment for Bid Item 4 is
¢eluded in Bid Item 1 price.
TABULATION OF BIDS
DEPARTMENT OF ENGINEEP- ^ -CITY OF CORPUS CHRISTI, TEXAS
LATED BY: SHINER MOSELEY AND ASSOCIATES, INC.
DATE: DECEMBER 2, 2003 TIME OF COMPLETION: 547 DAYS
$11314,505
PAGE2OF4
ENGINEER'S ESTIMATE:
A
SEAWALL RECONSTRUCTION PROJECT
CONTRACT B-2, PART B, POWER STREET OUTFALL TO PEOPLES STREET
Laughlin Thyssen, Ltd.
1320 Boyles Street
Houston Texas 77020
Gunther Nash, Inc.
Two City Place
St. Louis, Missouri 63141
Orion Construction, Inc.
12550 Fuqua
Houston Texas 77034
ITEM
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
5
Provide flowable fill material for Fill Area 3
(emergent void areas under the seawall),
1225
CY
80.00
98,000.00
109.56
134,211.00
125.00
153,125.00
complete and in place per CUBIC YARB,
Note. All labor and equipment for Bid Item 5 is
included in Bid Item 1 price.
6
Provide and compact Select Fill under apron
area, complete and in place per TON.
24'
IN
40.00
9,800.00
22.11
5_416.95
45.00
11,025._^0
7
Install Hydrostatic Relief Type I, complete and
n place per LINEAR FOOT of seawall.
2470
LF
38.00
93,860.00
22.81
56,340.70
30.00
]4,100.00
8
Install Hydrostatic Relief Type II, complete
and in place per LINEAR FOOT of seawall.
2500
LF
73.00
182,500.00
43.92
109,
goo
00
Is
On
137,
SOO.00
9
Perform Crack Repair E - Epoxy Injection,
complete and in place per LINEAE FOOT.
1103
LF
38. So
65,565.50
45.84
-8,065.52
45.00
76,635.00
10
Perform Crack Repair RE Type A - Route 6 Seal
with urethane Joint Filler, complete and in
15,525
LF
7.30
113,332.50
6.00
93,150.00
8.50
131,962.50
place per LINEAR FOOT.
11
Perform Crack Repair AS - Acrylate Ester
Injection, complete and in place per LINEAR
3125
LF
42.15
131,718.75
43.16
134,8'5.00
4P.00
150,000.^0
FOOT,
12
Construct C1ase I Spall Repairs, complete and
in place per SQUARE FOOT.
677
SF
81.95
55,460.15
133.22
00,189.94
95.00
54,315.00
13
Construct Class II Spall Repairs, complete and
n place per SOUARE FOOT,
677
SF
65.50
44,343.50
133.22
90,189.94
75.50
51,113.50
14
Construct ExpanBion Joint Repair A, complete
and in place per EACH.
62
EA
4,762.00
296,484.00
3,996.50
247,783.00
5,550.00
344,100.00
15
Construct Expansion Joint Repair B, Complete
and in place per EACH.
62
EA
2,975.00
184,450.00
3,996.50
247,783.00
3,500.00
217,000.00
16
Construct Curb Inlets 5 Tie -Ins, complete and
in lace car EACH.
11
EA
2,200.00
24,200.00
4,117.18
45,268.98
6,000.00
66,000.00
A
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: SHINER MOSELEY AND ASSOCIATES, INC.
DATE: DECEMBER 2, 2003 TIME OF COMPLETION: 547 DAYS
$11,314,505
PAGE 3 OF 4
ENGINEER'S ESTIMATE:
OX
(D �
I Cr
O ^
J
SEAWALL RECONSTRUCTION PROJECT
Laughlin Thyssen, Ltd.
Gunther Nash, Inc.
Orion
Construction, Inc.
CONTRACT B-2, PART B, POWER STREET OUTFALL TO PEOPLES STREET
1320 Boyles Street
Houston Texas 77020
Two City Place
St. Louis Missouri 63141
12550 Fuqua
Houston Texas 77034
AMOUNT
UNIT PRICE AMOUNT
UNIT PRICE
AMOUNT
ITEM DESCRIPTION TY. UNIT UNIT PRICE
17
Construct ADA compliant Parking Areas, complete
6
RA
2,100.00
12,600.00
3,671.40
22,029.40
8,500.00
51,000.00
and in place per EACH.
18
Construct RTA Bus Turnouts, complete and in
2
EA
7,500.00
15,000.00
10,321.66
20.643.32
10,000.00
20,000.00
place per EACH.
19
Construct reinforced concrete apron from back
43,016
SF
7.15
307.564.40
9.46
406,931.36
7.50
322,620.00
of curb to within 2'-3'of existing seawall,
omplete and in place per SOUARR FOOT,
20
Construct cliplining repairs for 30" diameter
1030
LF
152.00
156,560.00
90.66
93,379.80
220.00
226,600.00
RCP storm water lines, including re -cleaning,
and re -televising, complete and in place per
LINEAR FOOT.
21
construct sliplining repairs for 42" diameter
200
IF
200.00
40,000.00
235.39
47,078.00
310.00
62,000.00
RCP storm water line., including re -cleaning,
and re -televising, complete and in place per
LINEAR FOOT.
22
Trench Safety Measures, complete and in place
1
LS
1,000.00
1,000.00
1,000.00
1,
Oct
00
5,000.00
5,000.00
per LUMP sum.
23
Polyurea Coating on waterside Bulkhead Cap,
21,354
SF
9.25
197,524.50
6.99
149,050.92
11.00
234,894.00
complete and in place per SOUARE FOOT,
24
Shallow stormwater System (parallel to
1500
LF
72.00
108,000.00
31.27
46,905.00
100.00
150.000.00
Shoreline Drive), complete and in place per
LINEAR FOOT.
25
New Bench Allowance (53 each)per LUMP SUM,
1
LS
132,500.00
132,500.00
132,500.00
132,500.00
132,500.00
132,500.00
26
Quality Control Program and QC Manager per LUMP
1
LS
100,000.00
100,000.00
66,832.00
86,832.00
80,000.00
80,000.00
sm.
OX
(D �
I Cr
O ^
J
TABULATION OF BEDS
DEPARTMENT OF ENGINEERT CITY OF CORPUS CHRISTI, TEXAS
PAGE40F4
SATED BY: SHINER MOSELEY AND ASSOCIATES, INC.
DATE: DECEMBER 2, 2003 TIME OF COMPLETION: 547 DAYS ENGINEER'S ESTIMATE:
$11,314,505
SEAWALL RECONSTRUCTION PROJECT
Laughlin Thyssen, Ltd.
Gunther Nash, Inc.
Orion Construction, Inc.
=CONTRACT B-2, PART B, POWER STREET OUTFALL TO PEOPLES STREET
1320 Boyles Street
Two City Place
12550 Fuqua
Houston Texas 77020
St. Louis, Missouri 63141
Houston,Texas 77034
ITEM
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
27
Allowance for the possible pa}m,ent of an
1
LS
120,060.00
120,060.00
_20,060-00
120.060.00
120,060.00
120,050.00
Incenti-✓e Allowance as directed by the City,
per IMP SO,
Note: Allowance for Bid Item 23 will be paid
only if all conditions for payment of the
Incentive Allowance are met. This is not a
m,aranteed portion of the contract.
28
Contractor to purchase and turn over to the
1
LS
245,000.00
245,000.00
592,CP0.00
592,080.00
3-a0c .0C
315,000.00
City all message boards, drums, signs, poles,
barricades, panels, and associated hardware to
mount the n w signs to them w poles. Also
etraffic
includes installation of new signal
foundations, conduit and conductors at the I-
37/Shoreline and Peoples Street/Shoreline
Intersections and all curb/paving demolition
and improvements shown on the traffic control
plan.
ADO.
Lump Sum adount includes all labor and
1
LS
271,250.00
2"1,250.00
62,447.00
62,44'.00
50,000.00
50,000.00
Bid
equipment to implement, maintain, and
Item
demobilize Phases I and IS of the traffic
No.l
control plan. Materials are provided under Hid
Item 28
ADO.
Lump Sum amount includes all labor and
1
LS
18,750.00
18,750.00
37,950.00
37.950.00
35'000A0
35,000.00
Bid
equipment to implement, maintain, and
Item
demobilize Phase III of the traffic control
No. 2 1
plan, Materials are provided under Bid Item 28
Total Base Bid (Items 1-28)
9,647,423.30
9,799,683.58
11,832,350.00
Total Base Bid plus Additive Alternate No. 1
9,918,673.30
9,862,130.56
11,882,350.00
9,900,080.58
Total Base Bid Plus Additive Alternate No. 1
9,937,423.30
11,917,350.00
plus Additive Alternate No. 2
40
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: December 16, 2003
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Change Order
No. 7 with Moorhouse/Beecroft, Joint Venture, LLC, for the Convention Center
Expansion and Rehabilitation in the amount of $872,818 for mechanical,
structural and other modifications. (Project No. 4198)
ISSUE: The comprehensive change order is necessary to address some 24
modifications.
FUNDING:
Funds will be available from the Visitor Facility 2002 CIP Fund.
RECOMMENDATION:
Approval of the ordinance and motion as presented.
'~g~l'R. Escobar, P.E. Date'
Director - Engineering Services
Attachments:
Exhibit A: Background
Exhibit B: Change Order
Exhibit C: Budget
Exhibit D: Location Map
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BACKGROUNDINFORMATION
ADDITIONAL INFORMATION:
Change orders are the legal method for addressing changes that are needed after a
construction contract has been awarded. Change orders occur during almost all
construction projects. The change order may be addressed administratively if the total
increase is $25,000 or less. Many construction contracts contain allowances or
contingency funds to allow change orders to be issued provided the total contract amount
is not increased by more than $25,000.
The contract for this project utilizes a Construction Manager at Risk with a Guaranteed
Maximum Price (GMP). Most City projects are required to use a competitive sealed bid
process. GMP contracts typically include a contingency to address concealed conditions,
supplemental field instructions, etc. The odginal contract provided for the contractor to
provide a guaranteed maximum price of $25,000,000 which did not include any
contingency. When sub-contractor bids were received, the contract was adjusted to
$24,614,045. This price again did notto provide a contingency allowance. Staff elected to
treat any changes that did not appear to be covered by the GMP as conventional change
orders. This was done to allow greater disclosure of the process.
Change orders arise on projects for three general reasons. The project architect or
engineer asks to receive a proposal request (PR). The contractor or project manager may
issue a request for information (RFI) to clarify plans or conditions on site. Finally the
architect or engineer issues an Architect's Supplemental Instruction (ASI). These
processes ensure the completed project meets the need of the City. This change order
addresses 24 issues that have emerged.
However, three major issues represent the bulk of the change order. Those three items
have a total value of $607,599. The items are:
· Provision of new Rooftop Air Handling Units (AHU), removal of an existing AHU, and
related work ($362,589);
· Additional work associated with the revised conform set of construction drawings to
provide additional structural steel ($181,800); and
· Provision of tube steel and structural steel framing along the east side of the
Convention Center to support metal wall panels and limestone at the exterior of the
building ($63,210).
The AHU being removed was an original air handler that collapsed when lifted. The unit
served the Exhibit Hall and must be replaced. The old unit was inefficient by current
standards increasing the cost of cooling. The new replacement units are higher efficiency
units. The work includes interior chilled water piping, new ceiling grid and ceiling. This will
upgrade the Exhibit Hall to provide a more consistent level of finish between the new are
renovated areas of the Convention Center.
H:~HOME~KEVINS\GEN\CONVCTR~EXPANSIO\CO7bkgExhA.doc
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EXHIBIT A
The structural steel and tube steel framing could not be detailed until the "conform" set of
drawings were completed. The Convention Center and Multipurpose Arena were fast-
tracked to meet the objective of having the facilities available for the 2004 basketball and
hockey seasons. This tight schedule resulted in the plans being released with an
abbreviated plan review. This required the architects and City to release a number of very
large addenda prior the receipt of proposals.
The decision to proceed with the receipt of proposals without further plan revision resulted
in a number of changes being incorporated into a "conform" set of drawings for both
projects. Conform plans are being used for the actual construction and incorporates the
several large addenda issued prior to bidding. The conform plans also include revisions
that were not on the bid set of plans or addenda that are necessary to provide the
contractors with information needed to complete the projects.
The remaining changes are listed as part of the change order summary. See Exhibit B.
Construction projects which involve modification or expansion of existing buildings typically
have a greater complexity and concealed conditions that result in a larger number and/or
dollar value of change orders. It should also be noted that the Convention Center contract
is far larger than those typically awarded by the City. Most City contracts typically do not
exceed $3-4 million. The dollar value of change orders for large projects can be expected
to be higher even if the percentage value is not.
The project has had very few change orders. There have been six prior change orders.
Two of the change orders were initiated by the City for additional work that was not part of
the original scope. Change Order No. 3 ($126,892) addressed water damageto elevators,
doors, etc. Change Order No. 4 ($142,059) addressed structural repairs to the air handling
unit screen walls.
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 awarding project management contract in the amount of
$486,000 to Gilbane Building Company for the Bayfront Convention Center Expansion and
Rehabilitation project (M2000-039).
November 14, 2000 - Ordinance canvassing retums 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.
O24269).
January 23, 2001 - Ordinance appropriating and advancing $900,000 for the Arena project
(Ord. No. 024346).
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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).
Auqust 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 ).
Au,qust 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 (Res. No. 024563);
· Authorization to execute all documents necessary to accept and implement an
Economic Development Initiative 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. 1050 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,
H:\HOME~KEVINS\G EN\CONVCTR~EXPANSIO\CO7bkgExhA.doc
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Stainback & Associates, Inc., in an amount not to exceed $78,300 for wind tunnel studies
of the Corpus Christi Bayfrent Convention Center and Multipurpose Arena (M2001-424).
Au,qust 27, 2002 - Motion authorizing the City Manager or his designee, to execute a
contract for Construction ]Vlanager at Risk services with Moorhouse - Beecreft, Joint
Venture for the Conventior~ Center Expansion and Renovation Project (M2002-283).
September 9, 2002 -
a. Ordinance appropriatin!;] $425,000 from the Hotel Occupancy Tax Fund No. 1030 un-
appropriated fund bal~3nce (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 26, 2002 -
a. Ordinance providing for the issuance of City of Corpus Christi, Texas Combination Tax
and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Series 2002, in
an aggregate principal amount of $31,545,000 and ordaining other matters relating to
the subject (Ord. #025121).
b. Ordinance appropriatin!;] $1,626,418 from Reserve for Convention Center Expansion in
the Hotel Occupancy '['ax Fund 1030; authorizing the transfer of $1,626,418 to the
Convention Center 20(:)2 CiP Fund; appropriating $34,185,505 in the Convention
Center 2002 CIP Fund; $32,131,337, from the Combination Tax and Municipal Hotel
Occupancy Tax Revenue Certificates of Obligation, Series 2002, $1,626,418 from the
Hotel Occupancy Tax Fund 1031, and $427,750 from anticipated interest earnings in
the Convention Center 2002 CIP Fund, to fund the construction and expansion of the
Convention Center (Ord. #025122).
c. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to
the Construction Manager at Risk contract with Moorhouse - Beecroff, Joint Venture,
LLC establishing a Guaranteed Maximum Price of $25,000,000 for construction of the
Bayfront Convention (.3enter Expansion / Rehabilitation Project, subject to the
appropriation of funds (M2002-399).
February 18, 2003 - Motion authorizing the Acting City Manager, or his designee, to
execute Amendment No. 2 to the Contract for Construction Manager at Risk services
contract with Moorhouse - Beecroft, Joint Venture, LLC of Corpus Christi, Texas reducing
the Guaranteed Maximum Price of $25,000,000 to $24,614,045 for construction of the
Bayfront Convention Center Expansion / Rehabilitation Project (M2003-069).
June 17, 2003 - Ordinance Appropriating $107,252.00 from the un-appropriated fund
balance the Visitors Facility Fund No. 4710 for Convention Center Flood Damage Repairs;
Amending Ordinance No. 025394 which Adopted the FY 2003-2004 Operating Budget by
increasing appropriations by $107,252.00; and Declaring an Emergency (Ord. No.
025340).
Au,qust 19, 2003
a. Appropriating a $107,252.00 Insurance Settlement in the Visitors Facility Fund
No. 4710 for Convention Center Flood Damage Repairs; Amending the FY
EXHIBIT A
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-453-
2003-2004 Operating Budget Adopted in Ordinance 025394 by increasing
appropriations by $107,252.00; and Declaring an Emergency (Ord. No. 025409).
b. Motion authorizing the City Manager, or,his designee, to execute Change Order
No. 3 with Moorhouse/Beecroft, Joint Venture, LLC, in the amount of
$126,892.00 for flood damage repairs to existing Convention Center doors,
frames, and elevators (M2003-273).
PRIOR ADMINISTRATIVE ACTIONS:
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.
April 17, 2003 - Award of Change Order No. 1 in the amount of $22,738 to
Moorhouse/Beecroft Joint Venture, LLC for miscellaneous architectural, civil and utility
modifications.
July 3, 2003 - Award of Change Order No. 2 in the amount of $22,035 to
Moorhouse/Beecroft Joint Venture, LLC for bus turnaround, directional parking marking,
sidewalks, handicapped improvements, subgrade and other modifications.
December 18, 2001 - Award of an engineering services contract to Shiner Moseley and
Associates in the amount of $18,750 for a condition survey and repair recommendations of
the Convention Center Cooling Tower Supports and Equipment Screens.
September 9, 2002 - Award of a contract in the amount of $1,000 to Mody Boatright for an
environmental review/survey of the Convention Center Cooling Tower Supports and
Equipment Screens.
May 5, 2003 - Award of contract to PSI in the amount of $5,600 for development asbestos
and lead abatement specifications for the Convention Center Cooling Tower Supports and
Equipment Screens.
May 23, 2003 - Award of a contract in the amount of $2,500 to Anderson and Associates
of Houston, Texas for visual, microscopic, scanning electron microscopic and EDS
elemental analysis of material samples for the Convention Center Cooling Tower Supports
and Equipment Screens.
July 10, 2003 - Award of Amendment No. 1 to PSI in the amount of $16,735 for air
monitoring, asbestos and lead consulting during construction and laboratory analysis of
materials for the Convention Center Cooling Tower Supports and Equipment Screens.
October 25, 2003 - Award of Change Order No. 5 to Moorhouse/Beecroft in the amount of
$17,331 for miscellaneous concrete, fireproofing, audiovisual, and MEP work.
December 3, 2003 - Award of Change Order No. 6 to Moorhouse/Beecroft in the amount
of $20,816 for miscellaneous utility, structural and MEP work.
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IEXHIBIT A
Page 5 of 5
CHANGE ORDER No. 7
Department of Engineering Services
City of Corpus Christi, Texas
~,NGE ORDER NO: 7
NDING SOURCE: 550910-3181-00000-110710
Operating Department: Department of Enqineedng Services
Name of Project: Convention Center Expansion/Renovation #4198
Contracto~ Moorhouse/Beecroft Joint Venture, LLC
DATE: December 3, 2003
CONTRACT TIME: 670 C.D.
CHANGE AS FOLLOWS:
Provide each of the following revisions (Items "a" through "x") as identified on the attached Pages 2 of 5
through 5 of 5 in accordance with the requirements outlined in the Contract Documents.
Total Add - Lump Sum: $872,818.00
Why were these changes necessary?. (If left off the plans and specifications, explain why)
Items a, c, d, and e include work associated with improvinq the existinq Convention Center as required to meet
code, correct existinq problems, and/or address and coordinate existing conditions. Items b, f, q, h, i, i, k, I, m, n, o,
p, q, r, s, t, u, v, w and x include work as required to modify or complete the current desiqn documents.
w can similar changes be avoided in the future? Many of these items could have been included in the oriqinal
.~pe of work if additional information would have been available at that time.
a. CONTRACT PRICE ............................................. ~;
B. TOTAL CHANGE ORDERS (inc. current) ........... ~
C. NEW CONTRACT PRICE .................................... $
D. THIS CHANGE ORDER ...................................... .$
E. PERCENT TOTAL CHANGE (B/A) .......................
F. PREVIOUS ADDN'L TIME AUTHORIZED.
G. ADDN'L CONTRACT TIME THIS CHANGE ORDEIS,
H. TOTAL ADDITIONAL TIME .................................
24,614,045.00
1,224,689.00
25,838,734.00
872,818.00
4.98%
0 CD
0 CD
0 CD
Project Engineer
CITY OF CORPUS CHRISTI, TEXAS
By:
CityEngineer
APPROVED:
CONTRACTOR
By:
Title:
Operating Dept.
Director of Management & Budget
Legal Department
EXHIBIT "B"
-455- Page 1 of 5
CHANGE ORDER No. 7
Department of Engineering Services
City of Corpus Chdsti, Texas
a.)
b.)
c.)
d.)
e.)
f.)
PCO/CR No. 35 - Reconfigure the layout of the new Main Electric Room P-102 and add a new
concrete landing and steps. This room must be reconfigured to avoid interference with the existing
operation of the maintenance facility. All additional work shall be performed in accordance with the
Sketches SK-ER1 and SK-ER2 dated June 17, 2003. Also refer to Moorhouse/Beecrofl Change
Proposal No. 56 dated November 6, 2003.
Add = $8,251.00
PCOICR No. 40 - Provide all additional work associated with the Conform Set Revisions. All
additional work shall be performed in accordance with the Issued for Construction Drawings issued
by TVS/Gignac & Associates dated April 28, 2003. Moorhouse/Beecroft Change Proposal No. 38
dated December 3, 2003.
Add = $181,800.00
PCO/CR No. 44- Provide new Rooftop Air Handling Units RTAHU-13 and RTAHU-18 and remove
the existing Air Handling Unit RTAHU-29. All additional work shall be provided in accordance with
the Proposal Request No. 17 issued by TVS/Gignac dated September 15, 2003. Also refer to the
Moorhouse/Beecroft Change Proposal No. 50 dated November 24, 2003.
Add = $362,589.00
PCO/CR No. 53 - Provide all additional work associated with revising the concrete masonry walls,
adding parking bollards and revising the fire hose cabinet near the freight elevator. All additional
work shall be performed in accordance with the response to the Request for information No. C-185
dated July 17, 2003. Moorhouse/Beecroft Change Proposal No. 54 dated November 18, 2003.
Add = $4,607.00
PCO/CR No. 61 - Provide ail additional work associated with removing the existing miscellaneous
metal angles and tubes above the Meeting Room Ceilings. This miscellaneous metal was attached
to the existing structural steel truss members and was not scheduled or indicated on the Contract
Drawings to be removed. All additional work shall be performed in accordance with the Moorhouse/
Beecroft Change Proposal No. 60 dated September 19, 2003.
Add = $24,005.00
PCOICR No. 63 - Provide all additional work associated with the curtainwall vertical tube steel
support revisions and the chase opening revisions at the Second Floor Level. All additional work
shall be performed in accordance with the Proposal Request No. 15 issued by TVS/Gignac dated
August 18, 2003, the response to RFI No. C-151 dated June 17, 2003, and the response to R.F.I.
C-146 dated July 7, 2003. Also refer to the Moorhouse/Beecrort Change Proposal NO. 71 dated
November 19, 2003.
Add = $11,241.00
PCO/CR No. 64 - Provide all additional work associated with adding 19 door hardware set in the
Convention Center Expansion. All additional work shall be performed in accordance with the
response to the Request for Information No. 37 dated December 18, 2003. Moorhouse/Beecrort
Change Proposal No. 66A dated November 11, 2003.
Add = $24,605.00
Page 2 of 5 EXHIBIT "B"
-456- Page 2 of 5
CHANGE ORDER No. 7
Department of Engineering Services
City of Corpus Christi, Texas
h.)
i.)
j.)
k.)
I)
m.)
n,)
PCOICR No. 65 - Provide all additional work associated with furnishing and installing the stainless
steel trench drains for the Kitchen floor. All additional work shall be performed in accordance with
the Moor'house/Beecrort Change Proposal No. 57 dated September 10, 2003.
Add = $17,451.00
PCOICR No. 68 - Provide the tube steel members and structural steel framing along the east side
of the Convention Center Expansion between Column Lines 4 and 10. These additional members
are required to suppod the metal wall panels and limestone at the exterior of the building. All
additional work shall be performed in accordance with the response to the Request for information
No. C-220R1 dated August 27, 2003. Moorhouse/Beecroft Change Proposal No. 59 dated
November 18, 2003.
Add = $63,210.00
PCOICR No. 70 - Provide additional structural bracing at the box truss along the east side of the
Convention Center. All additional work shall be performed in accordance with the Proposal
Request No. C-PR-18 issued by'l'VS/Gignac dated September 26, 2003. Moorhouse/Beecrort
Change Proposal No, 84 dated November 4, 2003.
Add = $8,688.00
PCOICR No. 71 - Provide all additional work associated with the structural steel revisions in the
Selena Auditorium. All additional work shall be performed in accordance with the Proposal Request
No. C-PR-19 issued by TVS/Gignac dated October 1,2003. Moorhouse/Beecrort Change Proposal
No. 88 dated December 3, 2003.
Add = $10,973.00
PCOICR No. 73 - Revise the edge of the floor slab and structural steel beam locations at the
Ballroom Prefunction Area. All additional work shall be performed in accordance with the Amhitect's
Supplemental Instruction No. 2 issued by TVS/Gignac dated July 30, 2003. Moorhouse/Beecrort
Change Proposal No. 64 dated November 20, 2003.
Add = $13,017.00
PCO/CR No. 81 - Provide additional structural steel framing to support the metal panel tower
above the Main Entry Lobby Roof. All additional work shall be performed in accordance with the
Proposal Request No. C-PR~23 issued by TVS/Gignac dated October 21, 2003. Moorhouse/
Beecroft Change Proposal No. 96 dated November 11, 2003.
Add = $12,838.00
PCO/CR No. 82 - Provide additional structural steel framing to support the glazed curtain wall
system at the south end of Level 1 in Area "D". All additional work shall be performed in
accordance with the Proposal Request No, C-PR-24 issued by 'i-VS/Gignac dated October 21,
2003. Moorhouse/Beecroft Change Proposal No. 94 dated November 4, 2003.
Add = $7,074.00
Page 3 of 5
-457-
EXHIBIT "B"
Page 3 of 5
CHANGE ORDER No. 7
Department of Engineering Services
City of Corpus Christi, Texas
o.)
p.)
q.)
r.)
s.)
t.)
u.)
v.)
PCO/CR No. 84- Provide stainless steel faceplates in lieu of plastic devices. Provide revisions as
described in the Proposal Request No. C-PR-26 issued by TVS/Gignac dated October 23, 2003.
Add = No Cost
PCOICR No. 85 - Provide all additional work associated with the structural steel, curtain wall
glazing, and metal stud framing revisions at the Box Truss near Door C/1400. All additional work
shall be performed in accordance with the response to the Request for Information No. 227 dated
September 12, 2003. Moorhouse/Beecroft Change Proposal No. 72 dated October 24, 2003.
Add = $17,192.00
PCO/CR No. 86 - Provide all additional work associated revising the coursing at the extedor
limestone at Area "B". All additional work shall be performed in accordance with Architect's
Supplemental Instruction No. 5-R2 issued by TVS/Gignac dated October 22, 2003. Moorhouse/
Beecroft Change Proposal No. 90 dated November 6, 2003.
Add = $2,058.00
PCO/CR No. 89 - Provide all additional work associated with adding the roof drain and overflow
drain in Area C/D. All additional work shall be performed in accordance with the response to the
Request for Information No. 282 dated October 28, 2003. Moorhouse/Beecroft Change Proposal
No. 95 dated November 4, 2003.
Add = $2,152.00
PCO/CR No. 91 - Provide all additional work associated with adding the 1/16" steel blocking as
required to support the intedor signage and graphics. All additional work shall be performed in
accordance with the Moorhouse/Beecroft Change Proposal No. 97 dated November 11, 2003.
Add = $4,777.00
PCOICR No. 92 - Provide all additional work associated with adding masonry anchors at the
extedor veneer for the limestone cladding. All additional work shall be performed in accordance with
the Moorhouse/Beecroft Change Proposal No. 98 dated November 11,2003.
Add = $11,833.00
PCO/CR No, 94 - Provide Yon Dupdn Panic Devices on the aluminum storefront doors and frames.
All hardware revisions shall be provided in accordance with the letter from Corpus Christi Builder's
Hardware dated November 25, 2003. Moorhouse/Beecroft Change Proposal No. 66 dated
December 1, 2003.
Add = $29,045.00
PCO/CR No. 98 - Provide revisions to the GRG column covers as required to conceal the 26" X 36"
steel base plates. All additional work shall be performed in accordance with the response to the
Request for Information No. C-276 dated November 7, 2003. Moorhouse/Beecroft Change Proposal
No. 101 dated December 1, 2003.
Add = $17,859.00
Page 4 of 5
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EXHIBIT "B"
Page 4 of 5
w.) PCOICR No. 99 - Provide additional pipe framing in the Lobby Area to support the curtain wall
system. All additional work shall be performed in accordance with the response to the Request for
Information No. 0-283 dated November 20, 2003. MoorhouselBeecroft Change Proposal No. 104
dated December 3, 2003.
Add = $19,100.00
x.) PGOICR No. 104 - Provide revisions and increase the size of the structural steel columns S-12 and
S-13. All additional work shall be performed in accordance with the memo from Ajmer Kular/MEI
Govind dated May 22, 2003. Moorhouse/Beecroft Change Proposal No. 105 dated Dec. 3, 2003.
Add = $18,453.00
Page 5 of 5
EXHIBIT "B"
-459- Page 5 of 5
CONVENTION CENTER REHABILITATION & EXPANSION
December 16, 2003
Bond Proceeds
Hotel Occupancy Tax Fund
Insurance Settlement
34,185,505
$ 1,626,418
107,255
35,919,178
Expenditures
Construction 24,614,045
Change Order No. 1 (utilities, masonry, glass) 22,738
Change Order No. 2 (electrical, traffic, ADA, etc.) 22,035
Change Order No. 3 (water damage repairs) 126,892
Change Order No. 4 (cooling tower screens) 142,059
Change Order No. 5 (utilities, dock, ADA etc.) 17,331
Change Order No. 6 (utilities, structural, MEP) 20,816
Change Order No. 7 (Mechanical, structural) 872,818
Mechanical System Pre Rata 1,500,000
Contingency (8.9%) 2,195,202
FFE 500,000
A/E (w/Amd. 1, 2, & 3) 2,052,916
Engineering Reimb. 110,000
Geotechnical 12,000
Southwestern Bell 5,325
Project Management 486,000
Administrative Charges 115,000
PM Construction Phase 1,300,000
Art 315,000,00
Planning - City 666.00
Materials testing/laboratory 148,335
Misc. (Printing, Postage, etc.) 40,000
Subtotal 34,619,178
Future Constracts
Kitchen Equipment 900,000
NE for Roadway 21,000
Roadway 379,000
Subtotal 1,300,000
Total 35,919,178
Variance 0
Exhibit C ~
Page 1 of 1
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FTle : \Mproject\councilexhibits\exh4198.dwg
NUECES BAY
A~I, IES
PROJECT
LOCATZON
LOCATZON MAP
NOT TO SCALE
N
N
PROJECT
S r_ TE
'ONVENTION CENTER EXPANSION
AND REHABILITATION
CITY OF CORPUS CHRISTI, TEXAS
C~JTY COUNCZL EXHZB.~T
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I ol= 1
DATE: 12-10-2003
41
AGENDA MEMORANDUM
December 16, 2003
SUBJECT: Multi-Purpose Arena - (Project No. 4236)
AGENDA ITEM:
Motion to authorize the City Manager, or his designee, to execute a Change Order No. 6
for the Multi-Purpose Arena in the amount of $132,190.00 with Fulton Coastcon, Joint
Venture of Corpus Christi, Texas, for various mechanical modifications.
FUNDING: Funding is available from the Arena CIP Funds.
RECOMMENDATION: Approval of the ordinance and motion as presented.
An~;t. 'Escobar, P. E.
Drredtor of Engineering Services
ADDITIONAL INFORMATION
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Exhibit E.
Background Information
Prior Actions
Change Order Summa~j
Project Budget
Location Map
H:~-iOME~KEVlNS\GENV~rena\CO6Memo,doc
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ADDITIONAL INFORMATION
SUBJECT: Multi-Purpose Arena - (Project No. 4236)
BACKGROUND: This complex project has resulted in a number of Council and
administrative actions. A summary of the more significant actions is attached. See Exhibit
B.
Council approved the ranking of the firms on November 5, 2002. The proposal submitted
by Fulton-Coastcon, Corp., Joint Venture was determined to represent the best value. The
sealed proposals were received and opened on Monday, October 21, 2002. The
evaluation and ranking occurred within the 45 days required by the Local Government
Code (Section 271.118). The Local Govemment 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 value engineering resulted in a revised not to exceed pdce of
$34,232,798 for the Multipurpose Arena. This amount represents the realistic minimum
pdce 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 amhitectural 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. 6 Change Order No. 6 provides for approximately 33 requested
change items. The majority of the changes are mechanical and electrical with some
structural and architectural modifications. The specific changes addressed by the change
order are included on the change order summary. See Exhibit C. One group of electrical
modifications necessary to provide electrical power to complete the aisle lighting and
signage power in the Vomitory precast panels and Upper Bowl panels costs approximately
$45,000. One mechanical modification costs $42,890 provides fire dampers and access
panels in mechanical duct work at floor openings are required by code to achieve the
mandated 2-hour fire rating.
FUNDING: The change order will be funded by the Arena CIP Fund. The project budget
with is attached. See Exhibit D.
H:\HOME\KEVINS\GEN~Arena\CO6BkgExhA.doc
EXHIBIT "A" I
Page 1 of 1
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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 awarding project management contract in the amount of
$486,000 to Gilbane Building Company for the Bayfront Convention Center Expansion and
Rehabilitation project (M2000-039).
November 14, 2000 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 7, 2000, in the City of Corpus Chdsti 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.
O24269).
January 23, 2001 - Ordinance appropriating and advancing $900,000 for the 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 amhitectural 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 131 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 ClP Fund.
February 20, 2001 - Motion authorizing Amendment No. 2 with Gilbane Building Company
in the amount of $281,000 for construction management services dudng the design phase
of the Multipurpose Arena and Bayfront Convention Center Expansion and Rehabilitation
proiects (M2001-080).
July 24, 2001 -Ordinance adopting the FY2001-2002 Budget and appropriating funds as
set forth (Ord. No. 024528).
Au.qust 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).
H:\HOME~KEVINS~GEN~,rena\CO6PHorAc~onsExhB.doc
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EXHIBIT
Au.qust 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 (Res. No. 024563);
· Authorization to execute all documents necessary to accept and implement an
Economic Development Initiative 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. 1050 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 eamest 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 1112001 - 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 3012001 - 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 amhitectural services contract with
Thompson, Ventulett, Stainhack & 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 261 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 Pdce of $25,000,000 for
construction of the Bayfront Convention Center Expansion / Rehabilitation project (M2002-
399).
H:~-IOME~EVlNS\GEN~Arena\CO6PdorAc~onsExhB,doc
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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
the Area; and Declaring an Emergency.
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) M2002-430.
January 14, 2003 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 4 with Gilbane 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 inspection and laboratory services agreement with Fugro South, Inc.
in an amount not to exceed $230,000 for the 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).
July 8, 2003 -
· Ordinance appropriating $30,485 in unappropriated interest earnings from the
Water Capital Improvement Fund No. 4081 (1994 Revenue Bond) for a 12-inch
water line and two fire hydrants for the multiple purpose arena; amending the
Capital Budget adopted by Ordinance No. 025144 to increase appropriations by
$30,485.
· Motion to authorize the City Manager, or his designee, to execute a Change Order
No. 2 for the Multi-Purpose Arena in the amount of $121,118.00 with Fulton
Coastcon, Joint Venture of Corpus Christi, Texas, for architectural revisions
including masonry, plumbing, water main, fire hydrants, electrical, mechanical,
structural steel, telecommunication, fire standpipes, fire protection, and solid plastic
toilet partitions.
July 22, 2003 - Motion to authorize the City Manager, or his designee, to execute a Change
Order No. 3 for the Multi-Purpose Arena in the amount of $595,000.00 with Fulton
Coastcon, Joint Venture of Corpus Christi, Texas, for suite build-out (M2003-2§0).
November 18, 2003 - Motion to authorize the City Manager, or his designee, to execute a
Change Order No. 5 for the Multi-Purpose Arena in the amount of $363,609.00 with Fulton
Coastcon, Joint Venture of Corpus Christi, Texas, for the ice rink chiller unit (M2003-414).
PRIOR ADMINISTRATIVE ACTIONS:
July 31, 2000 - Award of Amendment No. I in the amount of $7,500 to Giibane Building
Company for architectural selection assistance for the multi-purpose arena.
H:V-IOME~KEVINS\GEN~Arena~CO6PriorAclJonsExh B.doc
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EXHIBIT B I
Page 3 of 4
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.
October 31, 2003 - Award of Change Order No. 4 for the Multipurpose Arena in the
amount $21,459 to Fulton/Coastcon J.V., LLC for recessed light fixtures for aisle lighting at
the upper level vomitories.
FUTURE COUNCIL ACTIONS;
Council will be requested to award a construction contract or change order 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.
Council will be requested to award separate contracts for the Arena Seating Package and
Food Concession Equipment. SMG is developing several fumishings, fixture and
equipment packages that are not part of the construction contract will require award by
Council. These include:
· Scoreboard;
· Signage; and
· Other FFE items.
~ Page4of4 ~
HAHOME~EVlNS\GEN~Arena\CO6PrtorActionsExhB.doc
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DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
December 16, 2003
PROJECT: MULTI-PURPOSE ARENA
Project No. 4236
APPROVED: COUNCIL MOTION No. 2002-430
APPROVED 12/17/02
CONTRACTOR:
Fulton/Coastcon J.V., LLC
P. O. Box 9486
Corpus Chdsti, TX 78469
TOTAL CONTRACT AMOUNT ......................
25% Limit Amount .........................................
35,732,798.00
8,933,199.50
Change Order No. 1 (05/13/03) .....................
Change Order No. 2 (07108103) .....................
Change Order No. 3 (07/22/03) .....................
Change Order No. 4 (10131103) .....................
Change Order No. 5 (11/18/03) .....................
Change Order No. 6 (12/16/03) .....................
Total ...............................................................
572,309.00
121,118.00
595,000.00
21,459.00
363,609.00
132,190.00
1,805,685.00 = 5.1% < 25%
-471-
Exhibit C
Page 1 of 6
CHANGE ORDER
Department of Engineering Services
City of Corpus Christi, Texas
CHANGE ORDER NO: 6
FUNDING SOURCE: 550910-3275-00000-1208'10
Operating Department: Department of EnRineedn,q Services
Name of Project: Bayfront Multi-Purpose Arena #4236
Contractor. Fulton Construction/Coastcon Corp.
DATE: December 3, 2003
CONTRACT TIME: 640 C.b;~"
CHANGE AS FOLLOWS:
Provide each of the following revisions as identified on the attached Pages 2 of 5 through 5 of 5 in accordance with
the requirements outlined in the Contract Documents.
Total Add - Lump Sum: $132,190.00
Why was this change necessaq/? (If left off the plans and specifications, explain why)
The maiodty of the attached proposed revisions include work as required to modify or complete the current set of
Desi,qn Documents.
How can similar changes be avoided in the future? Many of these items could have been included in the oriqinal
scope of work if additional information would have been available at the time the contract amount was aqreed upon.
A. CONTRACT PRICE .............................................
B. TOTAL CHANGE ORDERS (inc. current) ...........
C. NEW CONTRACT PRICE .................................... $
D. THIS CHANGE ORDER ....................................... $
E. PERCENT TOTAL CHANGE (B/A) .......................
F. PREVIOUS ADDN'L TIME AUTHORIZED ............
G. ADDN'L CONTRACT TIME THIS CHANGE ORDER
H. TOTAL ADDITIONAL TIME .................................
35,732~798.00
1,8051685.00
37,538,483.00
132,190.00
5.05 %
0 CD
0 CD
0 CD
Project Engineer
CITY OF CORPUS CHRISTI, TEXAS
By:
City Engineer
APPROVED:
CONTRACTOR
By:
Title:
Operating Dept.
Director of Management & Budget
Legal Department
-472-
Exhibit C
Page 2 of 6
pCOICR No. 12 - This group of revisions consists of several proposed changes necessary to complete and power the aisle
lighting and power for signage at the Vomitory precast panels and Upper Bowl panels. All additional work shall be performed in
acc,=,~lance with the Proposal Request No. 11-R1 issued by TVS/ARQ/Gignac dated October 27, 2003.
F(,... ~CO # 11 includes all work as required to provide the remaining aisle lighting fixtures, junction boxes and conduit for to be
installed in the pre-cast.
Add = $10,580.00
FCC-RCO # 12 includes all work associated with Heldenfels Enterprises installing the electrical j-boxes and conduit in their pre-
cast panels.
Add = $5,759.00
FCC-RCO # 32 includes all work associated with the additional conduit, wiring and circuits for power to the aisle light fixtures in
the pre-cast.
Add = $20,613.00
FCC-RCO # 35 includes all additional work associated with providing the conduit, wiring and circuits for power to the telescoping
seating at the Event Level. This was an option selected in the seating package.
Add = $8,268.00
PCO/CR No. 13 - Provide drain line and water connection with backflow preventer for the Zamboni Area and the Water
Treatment Room. This connection is required for operation but was not included on the Issue-for-Construction Drawings. The
backflow preventers are a code requirement. All additional work shall be performed in accordance with the Proposal Request No.
004 was issued by the 'l-VS/ARO/Gignac dated June 17, 2003. Fulton Request for Change Order # 37 dated November 5, 2003.
Add = $5,710.00
PCO/CR No. 15 - Provide the "Bright Silver" color on the inside of the acoustical metal panels to match the other exterior color.
Rej~. to the FultorYCoastcon Request for Change Order #9 dated July 18 for all additional work associated with this change.
Add = $7,333.00
PCOICR No. '17 - The original specification called for a stainless steel double walled fuel tank for the emergency generator, but a
credit was accepted during the Value Engineering for a standard metal double wall tank. The tank is furnished standard with
enamel paint but a two part epoxy paint is required to increase the corrosion resistance and paint life. Provide the factory applied
epoxy paint for the steel fuel tank in accordance with the Fulton/Coastcon Request for Change Order #8 dated July 17, 2003.
Add = $1,468.00
PCO/CR No. 19 - Provide an emergency shower/eyewash in the Central Plant. Since chemicals will be used in the central plant
for water treatment, code requires an emergency shower/eye wash within 30' of the chemical area. Ail additional work shall be
provided in accordance with the response to RFI NO. 82 dated July 2, 2003. Fulton/Coastcon Request for Change Order #40
dated Nov. 11, 2003 .............................................................
Add = $2,738.00
PCOICR No. 20 - Modify duct work at Mezzanine Level to provide in-line fans for exhaust duct system. This change eliminates
some of the exterior fans for the exhaust duct system which was desirable from an appearance standpoint. The system
performance was not changed. All work shall be performed in accordance with the Proposal Request No. 7-R1 issued by
TVS/ARQ/Gignac dated September 29, 2003. Fulton Requestfor Change Order #23R1 dated October 20, 2003.
Add = No Cost
Page 2 of 5
PCOICR No. 21 - Provide gas service for the Concession areas. The concession stands have grills that are gas fired and all
additional work shall be performed in accordance with the Proposal Request No. 6 issued by TVS/ARQ/Gignac dated July 31,
2003. FCC RCO #15-R1 dated Nov. 11,2003.
Add = $10,638.00
Exhibit C
Page 3 of 6
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PCOICR No. 22 - Provide conduit for cabling between the Broadcast Television Box outside the building and the Camera
Platform on the Mezzanine Level. The box provided outside for TV truck connection had conduit running to other locations but did
not have a conduit to the main TV camera platform. All additional work shall be performed in accordance with the response to RFI
No. 80 dated July 28, 2003. FCC RCO #14 dated August 28, 2003.
Add = $4,166.00
PCOICR No. 23 - Provide architectural chase for exhaust fan duct and drain lines. Provisions are required to allow the roof dra~r~
lines (10" and 12" pipe) and the exhaust fan duct between the Upper Concourse and the Mezzanine Floor to be routed through
adequate space. All additional work shall be performed in accordance with the Proposal Request No. 8-P,2 from
TVS/ARQ/Gignac dated November 18, 2003. Fulton/Coastcon Request for Change Order # 21R1.
Add = $5,415.00
PCOICR No. 24 - Provide an additional drywall chase wall in Area 2 as required to conceal exposed piping. All additional work
shall be performed in accordance with the response to RFI No. 137 dated August 27, 2003~ Fulton/Coastcen Request for Change
Order # 20 dated Sept. 26, 2003.
Add = $1,439.00
PCOICR No. 25 - Provide electrical power to the motorized Concession Stand roll-up doors/grills. These coiling grills (to lock the
open counter area when closed) require electrical power. Ail additional electrical work shall be performed in accordance with the
Proposal Request No. 10 issued by TVS/ARQ/Gignac dated September 8, 2003. Fulton/Coastcon Request for Change Order #
44 dated Nov. 21, 2003
Add = $3,906.00
PCOCR No. 26 - Structural revisions to clear mechanical equipment between the Mezzanine Floor and the bottom of the Upper
Concourse at the Club Dining Area, the ceiling was shown within 6" of the structure allowing no clearance for the mechanical
equipment and duct work shown on the mechanical plans. All additional work shall be performed in accordance with the Proposal
Request No. 12 from TVS/ARQ/Gignac dated September 10, 2003. Fulton/Coastcon Request for Change Order # 16-R1.
Add = $6,802.00
PCOICR No. 27 - Delete the foot light fixtures in the Suites. The plans indicated small LED foot lights to be installed in the Suite~"~
similar to those in the Club Lounge. No details of the installation were provided and upon inquiry (RFI No. 156) TVS/ARQ/Gigna
felt these fixtures were not necessary in the Suites and deleted the fixtures. Fulton/Coastcon Request for Change Order
dated September 24, 2003.
Deduct = ($13,340.00)
PCO/CR No. 29 - Provide Fire Dampers and access panels in mechanical duct work as required by code at floor openings.
While some fire dampers were included in the project, the code requires that all openings between floors require a 2 hour fire
rating. Ail additional work shall be provided in accordance with the Proposal Request No. 16-R1 issued by TVS/ARQ/Gignac
dated October 22, 2003. Fulton/Coastcon Request for Change Order #28 dated October 20, 2003.
Add = $42,890.00
PCO/CR No. 30 - Modify formwork to accommodate Convention Center construction. Neither contract (Arena or Convention
Center) had provisions for the effect of adjacent work. The construction sequence was coordinated, but weather delays prevented
Fulton/Coastcon from being able to pour concrete and remove their form work prior to Moorhouse/Beecroft being ready to erect
steel for the Convention Center adjacent to this formwork which extended into the Convention Center Area. In order to expedite
progress of both projects, it was necessary to cut away pad of the aluminum beams and deck of the Fulton/Coastcon form
system. Fulton/Coastcon Request for Change Order #17 dated September 22, 2003.
Add = $3,487.00
PCO/CR No. 31 - Provide embedded anchor channel in the lower front edge of the pre-cast seating risers. When the retractable
seating is collapsed for events such as Rodeos, there is a 7 foot drop from the first row of fixed seating to the Arena Floor. The
Seating Package includes the handrails for these locations, but they required an anchor channel cast in the lowest pre-cast
seating riser to allow the handrails to attach to the precast. Fultan/Coastcon Request for Change Order #18 dated Sept.22, 2003
Add = $5,011.00
I ExhibitS l
Page 4 of 6
-474-
PCOICR No. 32 - Increase height of glass handrail at Upper Bowl. The lower edge of the upper bowl has a provision for glass
handrail set into the front wall of the pre-cast concrete "tub". The combination of wall and rail was shown as 26" high on both
sides of the Upper Concourse. After consultation with the architect conceming sight lines, a determination was made lhat the
glas.~could be extended 4" to make the rail 30" tall, All additional work shall be performed in accordance with the Proposal
R it No. 15 issued by TVS/ARQIGignac dated September 26, 2003, Fulton/Coastcon Request for Change Order #22 dated
O~ ~r 15,2003.
Add = $1,979.00
PCOICR No. 33 - Revisions to the Concession Stand overhead coiling grills at the soffit/head condition. All additional work shall
be provided n accordance with the response to RFI No. 169-R1 dated October 7, 2003. Also refer to ASI No. 8 issued by
TVS/ARQ/Gignac November 3, 2003. Fulton/Coastcon Request for Change Order #27 dated November 21,2003.
Add = $152.00
PCOICR No. 34 - Revisions to Acoustical Curtain. The large curtain across the west interior wall opening (behind the stage) was
specified with a 21 oz/sq, yd. fabric. The acoustical consultant felt better results would be provided by utilizing a heavier 25 oz/sq.
yd fabdc. All additional work shall be performed in accordance with the response to RFI No. 164 dated September 29, 2003.
Fulton/Coastcon Request for Change Order #31 dated November 21,2003.
Add = 1,375.00
PCOICR No. 36 - Provide the Uniform Room counter and several counter tops with sinks in the Training Rooms/Team Areas.
additional work shall be provided in accordance with the Proposal Request #14 issued by TVS/ARQ/Gignac dated October 22,
2003. Fulton/Coastcon Request for Change Order #31 dated November 3, 2003.
Add = $7,505.00
PCOICR No. 38 - Provide service power on the Catwalks. Provide 110 volt receptacles on the Catwalk Level for power for
auxiliary lights and equipment as required for the various events and shows. All additional work shall be provided in accordance
with the Proposal Request No. 17-R1 issued by TVS/ARQ/Gignac dated October 27, 2003. Fulton/Coastcon Request for Change
Order #36 dated November 5, 2003.
Add = $ 4,816.00
PCOICR No. 39 - Provide air conditioning in the main switchgear room as required for the electrical equipment. Ail additional
wcu~-~13all be provided in accordance with the Proposal Request No. 018 dated October 27, 2003. Fulton/Coastcon RCO #47
d ~1/26/03.
Add = $13,339.00
PCOCR No. 40 - Relocated mechanical duct work as required to provide head room for under the seating areas to allow proper
access to the Vomitories and Restrooms. All additional work shall be provided in accordance with the Fulton/Coastcon Request
for Change Order #27 dated October 21,2003.
Add = $8,749.00
PCO/CR No. 42 - Provide power for the KQ light fixtures. The KQ fixtures are fiber optic tubes that zigzag up the south side of
the arena building and will provide a unique architectural effect.~The power for these lights was inadvertently left off the electrical
plans. Provide all additional power as required per the Proposal Request #21 issued by TVS/ARQ/Gignac dated Oct. 17, 2003.
FCC-RCO #45 dated 11/21/03.
Add = $2,568.00
PCOICR No. 44 - Provide paint grip material on all ductwork that is exposed to public view. Paint all exposed ductwork in the
public exposed to view areas in accordance with the response to RFI No. 173 dated October 2, 2003. Fulton/Coastcon Request
for Change Order #24 dated 10/24/03.
Add = $1,705.00
PCOICR No. 47 - Relocate the exhaust fan on the roof of the Mechanical Equipment Room as required to avoid the concrete
structural beam. This coordination issue was identified and a proposed solution was developed in an effort to resolve this issue.
The proposed resolution was determined through the contractor's coordination efforts/meetings and the solution required
exte~.Qnding the duct with additional fitting to clear the beam and penetrate the roof stab instead. Fulton/Ooastcan Request for
C~ ~, Order #29 dated October 21,2003.
Add = $1,322.00
Exhibit C
Page 5 of 6
-475-
PCOICR No. 48 - Provide damper operators for event level return dampers. The retum air louvers that face the Arena Floor
(behind the retractable seats) require adjusting the dampers for balancing the system. This requires doors in the masonrywall for
access to the dampers. Fulton/Coastcon submitted Request for Change Order #25 dated Oct. 20, 2003 to provide damper
operetore that can be adjusted through the louver and eliminating the access doors. The access doors will be subject to damage~.~
and vandalism so this change (which includes credit for the access door and installation) will be of benefit to the end user/Ownf
Add = $4,150.00
PCOICR No. 49 - Delete the aluminum framed polyester cloth canopy at the Central Plant Loading Dock. The plans indicate a
canopy over the loading dock that serves the Central Plant and the Concessionaire Storage in the Convention Center.
Fulton/Coastcon Request for Change Order #38 dated Nov. 10, 2003.
Deduct = ($27,200.00)
PCOICR No. 54 - Increase water make-up line size to Cooling Towers from 2" to 3". Upon review of the cooling tower capacity
the Plumbing Engineer recommends increasing the line size for the make-up water to insure the Cooling Towers have an
adequate supply. All additional work shall be provided in accordance with the response to RFI No. 153-R1 dated September 17,
2003. Fulton/Coastcon Request for Change Order #39 dated November 11, 2003.
Add = $1,916.00
PCOICR No. 55 - Substitute Emco Hydro-Flow Model 3100 vortex type flow meters for the specified Rosemont 8700 Units. The
Rosemont Unit is an industrial type in-line flow meter used where extremely accurate measurement is required. These units are
installed in each of the chilled water piping systems, which require precise measurement of flow but not to the degree of the
Rosemont units. The substitute vortex type inserts into existing piping and will provide sufficient accuracy for our system. Fulton/
Coastcon submitted Request for Change Order #39 dated November 26, 2003 to substitute these filters.
Deduct = ($23,069.00)
-476-
Exhibit C
Page 6 of 6 I
MULTI-PURPOSE ARENA
PRELIMINARY BUDGET
December 16, 2003
Revenues
Arena Proceeds:
Federal Grant
Pdor Year Tax Revenue
Bond Proceeds
Utility Proceeds
498,900
5,195,478
49,575,939
30,485
55,270,317
Convention Center Proceeds
Bond Proceeds (Approriated Nov. 28, 2002)
Available Funds
1,500,000
56,770,317
Expenditures
Land Acquisition
Subtotal
3,328,828
3,328,828
Construction
Contingency (2,03%)
Change Order No. 1 (Structural V.E.)
Change Order No. 2 (Mechanical)
Change Order No. 3 (Suites)
Change Order No. 4 (vomitory light fixtures)
Change Order No. 5 (Ice Rink Chiller)
Change Order No. 6 (Mechanical structural)
Convention Center Share of Mechanical Plant
A/E
A/E Amendment l& 2 (split bow~, mad, etc.)
AJE Amd. 3 (roof inspection & renderings)
Survey
Pier Test (Laurence & Assoc./Large & Sons)
Southwestern Bell
Legal Fees (Locke, Liddell & Sapp)
Facility Manager (SMG)
Engineering Reimb.
Administrative Cha~ges
Geotechnical
Planning - City Services
Project Management
PM Construction Phase
Art
Materials testing/laboratory
FFE
Telephone Consultant (Logicalis)
Signage and Wayflnding
Misc· (Printing, Postage, etc.)
34,232,798
693,949
572,309
121,118
595,000
21,459
363,609
132,190
1,500,000
2,786,350
461,199
13,850
4,080
35,080
5,325
20,000
125,000
124,000
60,600
27,880
21,515
288,500
1,300,000
185,000
257,880
3,275,250
24,750
349,914
130,000
Subtotal 47,728,605
Other Contracts
Seating
Food Concession Equipment
1,230,505
407~123
1,637,628
Future Contrac~
Scoreboard
A/E Roadway
Roadway
400,000
21,000
379,000
Subtotal 4,075,256
Total 56,770~317
Variance (0)
Exhibit D
Page 1 of 1
-477-
SHIP CHANNEl_
HARBOR BRIDGE
N
PROJECT SITE
CORPUS CHRISTI
BAY
CITY PROJECT No. 4236 VICT_NT.,_ TY MAP
NOT TO SCALE
MULTI-PURPOSE ARENA
CITY OF CORPUS CHRISTI, TEXAS
EXH£B~_T
-478-
C.~TY COUNC_TL EXH£BT_T
OEPARTMENT OF ENGINEERING SERVICES
PAGE: I o¢ 1
DATE: 12-10-2003
.Ell
42
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: December 16, 2003
AGENDA ITEM: Motion to amend the Pope Parks Master Plan that was approved by City
Council on 9/9/02 by including construction of a basketball court and removal of a baseball
backstop.
ISSUE: An amendment to include construction of a basketball court and removal of a
baseball backstop has been requested by the Pope Park Improvement Project. The PPIP
will provide funding for all materials. Park Operations will provide all the labor. The Park
and Recreation Advisory Committee recommends approval of the proposed amendments.
REQUIRED COUNCIL ACTION: City Council must approve any master plan projects or
amendments that involve City parks.
PREVIOUS COUNCIL ACTION: The City Council passed a motion to approve the Pope
Parks Master Plan Project as presented at the September 9, 2002 City Council meeting.
CONCLUSION AND RECOMMENDATION: Staff recommends that the amendments to
the master plan project for Pope Parks be approved as presented.
David Ondrias, Acting Director
Park and Recreation Department
Attachments: South Pope Park Map
-481-
BACKGROUNDINFORMATION
In an effort to curtail vandalism of the soccer fields at the North and South Pope Parks, the
Pope Parks Improvement Project (PPIP) has worked with the City's Park and Recreation
Department, the Santa Fe Soccer League, CCISD and other entities to develop a Pope
Parks master plan.
The Park and Recreation Advisory Committee approved the Pope the Pope Parks Master
Plan on July 10, 2002. The City Council approved the Pope Parks Master Plan on
September 9, 2002.
-482-
South Pope Park
Backstop Proposed
To Be Removed Basketball Court
Soccer Fields
Willlem~on
-483-
43
CITY COUNCIL
AGENDA MEMORANDUM
December 16,2003
AGENDA ITEM:
Motion approving the allocation of $71,500 from the Hotel Occupancy Tax Fund, and
$21,000 from the General Fund to fund a total of 18 arts and cultural organizations.
Funding is authorized in the FY 03-04 budget.
ISSUE:
Annually funds are allocated for Arts & Cultural Subgrant Awards. The Arts & Cultural
Commission makes recommendations for allocation of these funds and refers their
recommendation to City Council. The Arts Grant guidelines require City Council approval
of all subgrant awards.
REQUIRED COUNCIL ACTION: Allocation of the Arts Projects fund and the award of the
art subgrant allocations to the arts organization must be approved by the City Council.
RECOMMENDATION:
It is recommended that a motion be made to approve the allocation of $71,500 from the
Hotel Occupancy Tax Fund and $21,000 from the General.fund to fund a total of 25 arts
and cultural organizations.
Funding is auth r' edin the budget,
David Ondrias, Acting Director
Park & Recreation Department
ADDITIONAL SUPPORT MATERIAL
Background Information
Subgrant Spmadsl'~{
X
-487-
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: Annually, the City Council includes funding in the operating budget for
support to various arts programs in the City. The Arts & Cultural Commission (formerly the
Municipal Arts Commission) solicits requests from local organizations and then makes a
recommendation of funding to the City Council. The recommendation for FY 03-04 is
based on a two-part evaluation of grant applications by the Arts and Cultural Commission
members and the Cultural Enrichment Sub-Committee of the A.C.C. The recommendations
are based on artistic merit, community needs, impact on tourism, the applying
organization's ability to match the grant, (50% of the total project award) and how well the
product is marketed.
A project selection procedure, the Arts Subgrant Guidelines, was developed in 1986
modeled after the Texas Commission on the Arts Peer Panel Review and has been
updated regularly since. The process uses a worksheet rating system that addresses
specific questions on the quality of each grant request. The final recommendation is
adjusted mathematically to the amount of funds available.
Applicants have the option of applying for up to two grants, for a grant total of $10,000.
This year, 25 grant requests totaling $146,540, were received. The ACC is recommending
that the 25 grant requests from 18 arts and cultural organizations be funded.
The Arts Subgrant Guidelines define a process that provides an organization with two
opportunities to appeal their recommended level of funding - first with the ACC and then
with the City Council. This year there were no appeals to the ACC. No organizations were
denied funding through the Hotel Occupancy Fund guidelines for the fiscal year.
The total allocation recommended by the Arts & Cultural Commission to the arts
organizations is $92,500, for art subgrants.
PRIOR COUNCIL ACTION: $131,500 from the Hotel Occupancy Tax Fund and the
General Fund was authorized in the FY 2002-2003 budget for arts projects.
BOARD/COMMITTEE REVIEW: The Arts & Cultural Commission approved the
recommendation to the City Council at their November 13, 2003, meeting.
FUNDING: The total recommended allocation of $92,500 is to be funded from the FY 2003-
04 budget authorization for arts in the Hotel Occupancy Tax Fund and the General Fund.
Hotel Occupancy Tax Fund
Funds Available:
$71,500 (FY 2003-04 Budget)
$21,000 General Fund
Recommended Expenditures:
$ 92,500 Art Subgrants
$ 92,500 Total Funding
$ 92,500 Total Expenditure
-488-
2004 Subgrant Awards
Requested Subgrant
Group & Request —ranked by score PROJECT Amount AWARD
1 -Corpus Christi Concert Ballet jAlice in Wonderland 5,0001 3981.93
2 -Corpus Christi Concert Ballet IBailando 1 5.0001 3981.93
4 -Cathedral Concert Series
2004 Season
10,0001
7486.04
5 -Coastal Bend Land Trust
Wildlife in Focus
10,0001
7087.84
6-TAMU Weil Gallery
Oso Bay Biennial
2,2401
1587.68
7-Corous Christi Chamber Music Societv
2004 Season
10.0001
7087.84
10-Tamu Native American Student Assoc. Culture Fest 3000
Corpus Christi Symphony Society 2004 Season 10,000
12-Philli ine Society for the Performing Arts Revera 1,700
13-Philli ine Society of the Performing Arts Cabili 3,150
CO
14-Alcorta's Ballet Folkloric Diamante Una Noche 5,000
15 -Ballet Nacional Noche de Gala 6,500
16-Alcorta's Ballet Folkloric Diamante 5,000
20 -Coastal Bend School for the Arts 2.5001 1
3258.81
25 -Tx State Museum of Asian Cultures 10,000 3743.02
146,540 92500.00
Check Due
44
AGENDA MEMORANDUM
DATE: December 16, 2003
SUBJECT: Bayfront Master Plan
AGENDA ITEM:
a. Resolution Authorizing the City Manager or his Designee to Execute an Interlocal
Cooperation Agreement with the RTA in the Amount $20,000 for the Bayfront Master
Plan.
b. Resolution Authorizing the City Manager or his Designee to Execute an Intedocal
Cooperation Agreement with the Downtown Management District in the Amount
$20,000 for the Bayfront Master Plan.
c. Resolution Authorizing the City Manager or his Designee to Execute an Interlocal
Cooperation Agreement with the Metropolitan Planning Organization in the Amount
$20,000 for the Bayfront Master Plan.
d. Resolution Authorizing the City Manager or his Designee to Execute an Intedocal
Cooperation Agreement with the Port of Corpus Christi Authority in the Amount $20,000
for the Bayfront Master Plan.
e. Ordinance appropriating $20,000 from the RTA into Park CIP Fund No. 3280; and
appropriating $20,000 from the Downtown Management Distdct into the Park CIP Fund
No. 3280; and appropriating $20,000 from the Metropolitan Planning Organization into
the Park CIP Fund No. 3280 for the Bayfront Master Plan; and amending the Capital
Budget FY2002-2003 adopted by Ordinance No. 025144 by increasing appropriations
by $60,000; and declaring an emergency.
f. Motion authorizing the City Manager, or his designee, to execute Amendment No. 4
with Thompson Ventulett and Stainback and Associates, Inc. for planning services
associated with development of a Bayfront Master Plan
FUNDING: Funds are available from the Park CIP Fund upon appropriation and the
Engineering Services Fund
RECOMMENDATION: Approval of the resolutions, ordinance and motion as presented.
Escobar. p. E. f
· or of Engineering Services
Attachments:
Exhibit A - Additional Information
Exhibit B - Contract Summary
H:\HOME\KEVINS\GEN~ARENA~AEAMENDMENT4MEMO.DOC~-493-
ADDITIONAL INFORMATION
SUBJECT: Bayfront Master Plan
BACKGROUND: The original contract for the Convention Center Expansion and
Multipurpose Arena included the development of a Master Plan for Bayfront Arts and
Sciences Park. That Master Plan included an analysis of surrounding land uses,
transportation and their relation to the Arts and Sciences Park. That plan specifically
extended into the downtown area and down Shoreline Boulevard.
The work at the Arena and Convention Center required the realignment of two blocks of
Shoreline Boulevard. The Downtown Management District, Corpus Christi Chapter of the
American Institute of Architects and other stakeholders generated interest in the
redevelopment of Shoreline including the creation of an esplanade along Shoreline. The
City requested a proposal to amend the scope of services from Thompson Ventulett and
Stainback to develop a Shoreline Master Plan. A proposal was submitted in 2002 which
would utilize the services of Sasaki and Associates as a sub-consultant.
FUNDING: Funding for the amendment will be provided by the City, RTA, DMD, MPO and
Port of Corpus Christi. The RTA, DM[}, and MPO have approved funding. The Port has
verbally stated their intent to authorize funding at their next Board meeting in January. The
appropriation of Port funding is being deferred until formal approval of the Port of Corpus
Christi Board. The Engineering Services Fund will provide the interim funding until their
Board authorizes the funding.
CONTRACT SUMMARY: The contract summary is attached. See Exhibit B.
H:\HOMEgKEVINS\GEN~4,RENA~,AEAMD4B KGEXHA DOC
I EXHIBIT "A" J
Page 1 of 1
-494-
CONTRACT SUMMARY
The Scope of Services is amended by the additions to Section II.E. Additional Services to read:
Section II. Scope of Services,
E. ADDITIONAL SERVICES
12. Bayfront Master Plan Data Gathering and Public Participation - The Consultant will:
· Develop and conduct a program for significant public input, participation and consensus building;
· Generate public awareness and input without disrupting the development of the master plan;
,, Conduct a series of public meetings;
· Gather relevant data including prior studies, plans, surveys, traffic counts, and photographs;
· Meet with representatives or staff of relevant public and semi-public organizations including Nueces
County, the Regional Transportation Authority, Port of Corpus Christi Authority, Metropolitan Planning
Organization, Downtown Management District, Chambers of Commerce, Corpus Christi Chapter of
the American institute of Amhitects, Corpus Christi Caller Editorial Board and other organizations.
· Gather and organize the comments, opinions and statements relevant to activities, uses and
development of the Bayfront Master Plan and future implementation; and
· Solicit the participation of the Corpus Christi Caller Times is gathering public comments.
13. Master Plan Development - The Consultant will: · Work in Corpus Christi to establish goals and objectives for the Master Plan including major design
concepts and elements for two to three plan variations for use in development of the preferred plan;
· Develop a draft Master Plan for public comment and review;
· Make public presentation(s) of the draft Master Plan to the public and relevant public and semi-
public organizations;
· Revise and finalize the Master Plan based on the draft Master Plan input.; and
· Deliver the final Master Plan to the City Engineer, or his designated representative, in the following
quantities and formats:
a. twenty printed copies;
b. one copy in electronic format (Word, Adobe or AutoCAD); and
c. one copy in a format suitable for photocopying or other reproduction
IlL FEES AUTHORIZED
The City will pay the Consultant an additional not to exceed fee of $100,000 for e restated total not to exceed
fee of $5,414,315.00.
Summary of Fees:
I
Tasks J Description Fee
Arena Convention
Center
Pre-design Services
II.A. 1 Masterplan 106,250 63,750
II.A.2 Programming 52,750 57,500
Pre-design Subtotal 159,000 121,250
Basic Services
ll.B.1 Schematic Design Phase 30% 324,000 187,200
ll.B.2 Design - Construction Document Phase 60% 432,000 249,600
ll.B.3 Design - Construction Document Phase 100% 864,000 499,200
ll.B.4 Bid Phase 99,000 53,400
Basic Service Subtotal 1,719,000 989,400
Construction Services
H:\HOME~KEVIN S\GEN~rena~Eamend mentNo4.doc -495-
Exhibit B
Page 1 of 2
II.C.2
IConstruction Phase
Record Drawings
420,000 I 240,600
12,000 9,000
432,000 I 249,600
Construction Service Subtotal
Post Construction Services
II.D Post Construction Phase
Post Construction Services Subtotal
Design & Construction Subtotal
Additional Services
E.1
E.2
E.3
E.4
E.5
E.6
Food Services
Exterior and Public Space Lighting
Graphics
Audio-Visual and Acoustical
meleco.~n ~unications
Sports Lighting
Additional Services Subtotal
Expense AIIowance
9,000
9,000
2,160,000
59,500
17,500
75,000
55,500
17,100
TOTAL
TOTAL FEE - BOTH PROJECTS
25,000
249,600
218,750
2,786,350
9,000
9,000
1,248,000
39,500
26,500
47,500
46,500
30,000
0
190,000
131,250
1,690,500
AMENDMENT No. 1
E.7 Wind Engineering Services
Expense AJIowance
AMENDMENT No. 2
C.1
Amendment No. 1
45,622
3,112
48,734
AMENDMENT No. 1 TOTAL - BOTH PROJECTS
E,8.a-e
E.9.a-b
E.9.c
Increase Construction Duration to 22 months
Arena Design Modifications (bowl/site/streetJ
storage/parking)
Convention Center (ballroom/site/street)
Convention Center Existing Roof Repairs
94,000
318,465
Amendment No. 2 412,465
AMENDMENT No. 2 - BOTH PROJECTS
AMENDMENT No. 3
E.10 Roof Inspection
E.I 1 Suite Renderings
Amendment No. 3 I
8,850
5,000
13,850
Amendment No. 3 - BOTH PROJECTS
TOTAL I 3,261,399
TOTAL FEE- BOTH PROJECTS
AMENDMENT No. 4 OTHER FUNDS
E.12&13 I Ba~ioH[MasterPlan
4,476,850
27,678
1,888
29,566
78,300
54,000
190,000
80.000
324,000
736,465
8,850
8,850
22,700
2,052,916
5,314,315
$100,000
Amendment No. 4 $100,000
TOTAL FEE - ALL PROJECTS $5,414,315
H:' IOME\KEVIN S\GENV ren a AEamendmentNo4.doc -496-
Exhibit B
Page 2 of 2
H: \ Home\ Mprojecf \ Councilexh \ Boyf rontmost er. dwg
NUECES BAY
R040 "
IH,t7
N
PROJECT LOCATION
CORPUS CHRISTI BAY
F.M. 43
LOCATION MAP
NOT TO SCALE
BAYFRONT MASTER PLAN
CITY OF CORPUS CHRISTI, TEXAS
407
EXHIBIT "C"
C_rTY COUNC_rL EXH_rB~'T
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 12-16-2003
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE
REGIONAL TRANSPORTATION AUTHORITY IN THE AMOUNT OF
$20,000 FOR THE BAYFRONT MASTER PLAN
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 Regional Transportation Authority in the amount of
$20,000 for the Bayfront Master Plan.
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
City Secretary
APPROVED: 11th day of December, 2003.
R.
Acting City Attorney
Samuel L. Neal, Jr.
Mayor
R30951A1.doc
-498-
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE
DOWNTOWN MANAGEMENT DISTRICT IN THE AMOUNT OF $20,000
FOR THE BAYFRONT MASTER PLAN
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 Downtown Management District in the amount of
$20,000 for the Bayfront Master Plan.
SECTION 2. The City Manager or his designee is authorized to make editorial and non-
substantive modifcations 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
City Secretary
APPROVED: 11th day of December, 2003.
R. Ja~pl~e, ihing~
Acting City Attorney
Samuel L. Neal, Jr.
Mayor
R30951 B1 ,doc
-499-
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE
METROPOLITAN PLANNING ORGANIZATION IN THE AMOUNT OF
$20,000 FOR THE BAYFRONT MASTER PLAN
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 Metropolitan Planning Organization in the amount of
$20,000 for the Bayfront Master Plan.
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
City Secretary
APPROVED: 11th day of December, 2003.
R. Ja~R...~i~g ?
Acting City Attorney
Samuel L. Neal, Jr.
Mayor
R30951D1.doc
-500-
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE
PORT OF CORPUS CHRISTI AUTHORITY IN THE AMOUNT OF
$20,000 FOR THE BAYFRONT MASTER PLAN
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 Port of Corpus Christi Authority in the amount of
$20,000 for the Bayfront Master Plan.
SECTION 2. The City Manager or his designee is authorized to make editorial and non-
substantive modifications and execute amendments to the interiocal 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
City Secreta~
APPROVED: 11th day of December, 2003.
I~a~eining
Acting City Attorney
Samuel L. Neal, Jr.
Mayor
R30951C1.doc
-501-
ORDINANCE
APPROPRIATING $20,000 FROM THE REGIONAL TRANSPORTATION
AUTHORITY, $20,000 FROM THE DOWNTOWN MANAGEMENT
DISTRICT, AND $20,000 FROM THE METROPOLITAN PLANNING
ORGANIZATION INTO THE PARK CIP FUND NO. 3280 FOR THE
BAYFRONT MASTER PLAN; AMENDING THE FY 2002-2003 CAPITAL
BUDGET ADOPTED BY ORDINANCE NO. 025144 TO INCREASE
APPROPRIATIONS BY $60,000; AND DECLARING AN EMERGENCY
BE I1 ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $20,000 from the Regional Transportation Authority, $20,000 from
the Downtown Management District, and $20,000 from the Metropolitan Planning
Organization are appropriated into the Park CIP fund No. 3280 for the Bayfront Master
Plan.
SECT!ON 2. That FY 2002-2003 Capital Budget adopted by Ordinance No. 025144 is
amended by increasing appropriations by $60,000.
SECT ON 3. That upon written request of the Mayor or five Council members, copy
attach,~d, the City Council (1) finds and declares an emergency due to the need for
imme¢iate 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 f rst reading as an emergency measure this the day of ,2003.
ATTEST THE CITY OF CORPUS CHRISTI
Arman-lo Chapa
City S(.cretary
Approved: December 11,2003
Lisa Aguilar
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
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45
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: December 16, 2003
AGENDA ITEM:
a) RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH SAN PATRIClO
COUNTY RELATING TO THE APPROVAL OF PLATS WITHIN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI
b) RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH KLEBERG
COUNTY RELATING TO THE APPROVAL OF PLATS WITHIN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI
ISSUE AND BACKGROUND: In the last Texas legislative session, the Texas Legislature
passed House Bill 1204 that affected platting responsibilities within municipalities' extraterritorial
jurisdiction. The legislation requires a city with a population of 100,000 or more and any county
in which the city has extraterritorial jurisdiction (ET J) to adopt agreements on the administration
of platting within the city's ETJ in that county by December 31, 2003. Should such an
agreement not be adopted, under {}242.0015, Texas Local Government Code, the city and the
county are required by the legislation to enter into binding arbitration after January 1, 2004.
The City and Nueces County executed an agreement on May 28, 2003. City staff has offered
substantially the same agreement to San Patricio County and Kleberg County. (The City has
substantial ETJ in San Patricio County but very little ETJ in Kleberg County.) The County
Judges and the Commissioners' Courts of the two counties are continuing to review the issue
and are expected to take final action on whether to adopt an agreement pdor to the end of the
year. Since the City Council meets for its final Council meeting of 2003 on December 16, the
Staff is asking for Council authority to execute agreements with the two counties in substantially
the same form as the Nueces County agreement, assuming the counties agree.
REQUIRED CITY COUNCIL ACTION: Under State law, an interlocal agreement must be
approved by the governing body.
PREVIOUS CITY COUNCIL ACTION: The City Council adopted an agreement with Nueces
County in substantially the same form on May 28, 2003.
FUTURE ACTIONS REQUIRED: Should either of the counties be unable to execute the
agreement prior to December 31, 2003, or decide not to pass such an agreement, the City and
that County will be required to undertake binding arbitration immediately after January 1, 2004.
CONCLUSION AND RECOMMENDATION: Staff recommends that the Council authorize the
execution of these agreements with the two counties in order to comply with the new state law.
~ ng cR~iyni/~tgorney
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RESOLUTION
AUTHORIZING THE MAYOR OR THE MAYOR'S DESIGNEE TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH SAN
PATRICIO COUNTY RELATING TO THE APPROVAL OF PLATS
WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF
CORPUS CHRISTI
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The Mayor or the Mayor's designee is authorized to execute an interlocal
cooperation agreement with San Patricio County relating to the approval of plats within
the extraterritorial jurisdiction of the City of Corpus Christi.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 10th day of December, 2003.
R. ,J~y J~ein~g
Acting City Attorney
Samuel L. Neal, Jr.
Mayor
R32805F1.doc
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INTERLOCAL AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI
AND SAN PATRIClO COUNTY
RELATING TO THE APPROVAL OF PLATS
WITHIN THE EXTRATERRITORIAL JURISDICTION OF
THE CITY OF CORPUS CHRISTI
STATE OF TEXAS §
COUNTY OF SAN PATRICIO §
I. PARTIES. The parties to this Interlocal Agreement are San Patricio County, Texas
("County"), a political subdivision of the State of Texas, and the City of Corpus Christi
("City"), a Texas home rule municipality.
II. PURPOSE.
A. In a continuing effort to consolidate activities within the appropriate jurisdiction
in order to promote efficiency in local government, the City and the County
mutually agree that the City of Corpus Christi shall administer the platting of all
property located within those portions of the City's extraterritorial jurisdiction that
are within San Patricio County.
B. The parties enter into this Interlocal Agreement under the Texas Government
Code Chapter 791 (Intedocal Cooperation Act) and under the terms of Texas
Local Government Code §242.001(c). By the Intedocal Agreement the County
delegates to the City the administration of Chapter 232 of the Texas Local
Government Code within those portions of the City's extraterritorial jurisdiction
that are within San Patricio County, subject, to the terms and exceptions of this
Interlocal Agreement.
III. TERM. The term of this Interiocal Agreement commences on the date when last
party to this Interlocal Agreement affixes the authorized signatures and extends for one
(1) year from the date of that signature. Unless terminated under Section VII, this
Interlocal Agreement shall automatically renew annually on the anniversary date of the
commencement of this Interlocal Agreement.
IV. AUTHORITY TO THE CITY. The City is delegated the authority to administer the
provisions of Chapter 232 of the Texas Local Government Code within those portions of
the City's extraterritorial jurisdiction that are within San Patricio County.
A. The City's Planning Director is authorized to:
1. Accept ail plat applications for tracts of land located in the City's
extraterritorial jurisdiction.
2. Collect both the City's and County's plat application fees in a lump-sum
amount.
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3. Provide applicants one response indicating approval or denial of their
plat application.
B. The City shall pay to the County all County plat application fees collected on a
quarterly basis.
V. RULES GOVERNING PLATTING UNDER THIS INTERLOCAL AGREEMENT.
A. The City shall comply with the applicable provisions of the following
regulations when platting property within those portions of its extraterritorial
jurisdiction that are within San Patricio County:
1. Texas Local Government Code Chapter 212, as amended.
2. Texas Local Government Code Chapter 232, as amended.
3. The City's Platting Ordinance, as amended.
4. San Patricio County Commissioners Subdivision Order, dated April 16,
2001.
5. Any other statutes applicable to municipalities and counties that may
be enforced in the City's extraterritorial jurisdiction.
B. If the existing municipal regulation or county regulation relating to plats and
the subdivision of land conflict, the more stringent regulation applies.
C. If the City requires a plat to be filed for the subdivision of a particular tract of
land in the City's extraterritorial jurisdiction, but the County does not, the property
may not be subdivided until a plat is approved by the City.
D. If the County requires a plat to be filed for the subdivision of a particular tract
of land in the City's extraterritorial jurisdiction, but the City does not, the property
may not be subdivided until a plat is approved by the City.
E. The City shall prepare a consolidated set of regulations that identifies the
most stringent requirements currently required by either jurisdiction. The
consolidated regulations must be appended to this Interlocal Agreement as
Appendix A.
F. The administrative procedures in the City's Platting Ordinance will be used to
the processing of plat applications and requests for variances.
VI. CITY PLANNING COMMISSION. The parties agree that the Planning Commission
of the City of Corpus Christi will act for the City of Corpus Christi in administering
Chapter 232 of the Texas Local Government Code, including the granting of variances.
Appeals from an action by the City Planning Commission may be made to the City
Council under the City Charter.
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VII. DEDICATION OF PUBLIC IMPROVEMENTS. The approval of a plat of land
located within those portions of the City's extraterritorial jurisdiction that are within San
Patricio County under this Intedocal Agreement does not constitute acceptance of the
dedication of any public improvements by the San Patricio County Commissioners'
Court. After the public improvements have been installed and inspected by both the
City and County designated representatives, an application for acceptance of the
dedication must be made to the Commissioners' Court.
VII, TERMINATION.
A. The parties agree that either party may terminate this Intedocal Agreement
without cause on the annual anniversary date by providing sixty (60) days prior
written notice of their intent to terminate this Interlocal Agreement.
B. Upon termination, all authority to administer Chapter 232 of the Texas Local
Government Code within those areas of the City's extraterritorial jurisdiction that
are within San Patricio County revert to the County.
VIII. MISCELLANEOUS PROVISIONS.
A. Notice. Notice required by this Interlocal Agreement may be given or served
by depositing the notice in the United States Mail, in certified or registered form,
postage prepaid, addressed to the other party, or by delivering the notice in
person to the other party. Notice deposited in the United States Mail in the
manner prescribed in this subsection is effective upon deposit. The addresses of
the parties are:
City of Corpus Christi, Texas
Attention: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469-9277
San Patricio County
Attention: San Patricio County Judge
San Patricio County Courthouse, Suite 109
400 W. Sinton Street
Sinton, Texas 78387
B. Effect of Waivers. No waiver by either party of any default, violation, or
breach of the terms, provisions, and covenants contained in this Interlocal
Agreement may be deemed or construed to constitute a waiver of any other
violation or breach of any of the terms, provisions, and covenants of this
Interlocal Agreement.
C. Only Agreement between Parties. This Interlocal Agreement constitutes the
only agreement of the parties relating to the administration of administration of
and enforcement authority under Chapter 212, 232, and 242 of the Texas Local
Government Code and supersedes any understandings or written or oral
S PETJINTERLOCALdraff 12022003.doc
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agreements between the parties respecting the subject matter of this Intedocal
Agreement. Any changes or modifications to this Interlocal Agreement must be
made in writing and approved by the governing bodies of both parties.
D. Amendment of Interlocal Agreement. This Interlocal Agreement may be
amended at any time. Any amendment to this Interlocal Agreement must be in
writing and agreed to by the governing bodies of the parties. No officer or
employee of any of the parties has authority to waive or otherwise modify the
limitations in this Interlocal Agreement, without the express action of the
governing body of the party.
E. Not For Benefit of Third Parties. This Interlocal Agreement and all activities
under this Interlocal Agreement are solely for the benefit of the parties and not
the benefit of any third parties.
F. Exercise of Police Powers. This Interlocal Agreement and all activities under
this Interlocal Agreement are undertaken solely as an exercise of the police
power of the parties, exercised for the health, safety, and welfare of the public
generally, and not for the benefit of any particular person or persons. The parties
do not have and may not be deemed to have any duty to any particular person or
persons.
G. Immunities Not Waived. Nothing in this Interlocal Agreement is waives any
governmental, official, or other immunity or defense of any of the parties or their
officers, employees, representatives, and agents as a result of the execution of
this Interlocal Agreement and the performance of the covenants contained in this
Interlocal Agreement.
H. No Civil Liability to Other Party. One party may not be responsible to and
may not be civilly liable to another party for any act or omission under this
Interlocal Agreement. Each party waives all claims against the other party for
compensation for any loss, damage, personal injury, or death occurring as a
consequence of the performance of this Interlocal Agreement.
I. Captions. Captions to provisions of this Interlocal Agreement are for
convenience and shall not be considered in the interpretation of the provisions.
J. Fiscal Obligations. Each party which performs services or furnishes aid under
this Interlocal Agreement must do so with funds available from current revenues
of the party. No party has any liability for the failure to expend funds to provide
aid under this Interlocal Agreement.
K. Interlocal Cooperation Act Applies. The parties agree that activities under this
Interlocal Agreement are "governmental functions and services" and that the
parties are "local governments" as that term is defined in this Interlocal
Agreement and in the Interlocal Cooperation Act.
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L. Entirety of Agreement. This Interlocal Agreement contains all commitments
and agreements of the parties with respect to the platting of property within the
City of Corpus Christi's extraterritorial jurisdiction. No other oral or written
commitments of the parties with respect to the platting of property within the City
of Corpus Christi's extraterritorial jurisdiction may have any force or effect if not
contained in this Interlocal Agreement.
M. Severability. If any provision contained in this Interlocal Agreement is held
invalid for any reason, the invalidity does not affect other provisions of the
Interlocal Agreement that can be given effect without the invalid provision, and to
this end the provisions of this Interlocal Agreement are severable.
N. Validity and Enforceability. If any current or future legal limitations affect the
validity or enforceability of a provision of this Interlocal Agreement, then the legal
limitations are made a part of this Interlocal Agreement and operate to amend
this Interlocal Agreement to the minimum extent necessary to bring this Interlocal
Agreement into conformity with the requirements of the limitations, and so
modified, this Interlocal Agreement continues in full force and effect.
O. Warranty. The Interlocal Agreement has been officially authorized by the
governing body of each party, and each signatory guarantees and warrants that
the signatory has full authority to execute this Interlocal Agreement and to legally
bind the respective party to this Interlocal Agreement.
P. Governing Laws. This Interlocal Agreement shall be governed by the laws of
the State of Texas.
Q. Venue. Venue for an action arising under this Interlocal Agreement is in San
Patricio County, Texas.
EXECUTED in duplicate originals this day of
,2003.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED AS TO LEGAL FORM: This day of
,2003.
R. Jay Reining
Acting City Attorney
SAN PATRIClO COUNTY, TEXAS
S PETJINTERLOCALdraft 12022003.doc
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APPROVED AS TO LEGAL FORM: This
David H. Aken
County Attorney
Terry A, Simpson
County Judge
day of ,2003.
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RESOLUTION
AUTHORIZING THE MAYOR OR THE MAYOR'S DESIGNEE TO
EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH
KLEBERG COUNTY RELATING TO THE APPROVAL OF PLATS
WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF
CORPUS CHRISTI
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The Mayor or the Mayor's designee is authorized to execute an interlocal
cooperation agreement with Kleberg County relating to the approval of plats within the
extraterritorial jurisdiction of the City of Corpus Christi.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
Ci~ Secreta~
APPROVED: 10th day of December, 2003.
R. J)3~' R,,el'n i n g
Acting ~ity Attorney
Samuel L. Neal, Jr.
Mayor
R32805E1.doc
-513-
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI
AND KLEBERG COUNTY
RELATING TO THE APPROVAL OF PLATS
WITHIN THE EXTRATERRITORIAL JURISDICTION OF
THE CITY OF CORPUS CHRISTI
STATE OF TEXAS
COUNTY OF KLEBERG
I. PARTIES. The parties to this Interlocal Agreement are Kleberg County, Texas
("County"), a political subdivision of the State of Texas, and the City of Corpus Christi
("City"), a Texas home rule municipality.
II. PURPOSE.
A. In a continuing effort to consolidate activities within the appropriate jurisdiction
in order to promote efficiency in local government, the City and the County
mutually agree that the City of Corpus Christi shall administer the platting of all
property located within those portions of the City's extraterritorial jurisdiction that
are within Kleberg County.
B. The parties enter into this Interlocal Agreement under the Texas Government
Code Chapter 791 (Interlocal Cooperation Act) and under the terms of Texas
Local Government Code §242.001(c). By the Interlocal Agreement the County
delegates to the City the administration of Chapter 232 of the Texas Local
Government Code within those portions of the City's extraterritorial jurisdiction
that are within Kleberg County, subject, to the terms and exceptions of this
Interlocal Agreement.
III. TERM. The term of this Interlocal Agreement commences on the date when last
party to this Intedocal Agreement affixes the authorized signatures and extends for one
(1) year from the date of that signature. Unless terminated under Section VII, this
Interlocal Agreement shall automatically renew annually on the anniversary date of the
commencement of this Interlocal Agreement.
IV. AUTHORITY TO THE CITY. The City is delegated the authority to administer the
provisions of Chapter 232 of the Texas Local Government Code within those portions of
the City's extraterritorial jurisdiction that are within Kleberg County.
A. The City's Planning Director is authorized to:
1. Accept all plat applications for tracts of land located in the City's
extraterritorial jurisdiction.
2. Collect both the City's and County's plat application fees in a lump-sum
amount.
KlebergETJINTERLOCALdraff12102003.doc
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3. Provide applicants one response indicating approval or denial of their
plat application.
B. The City shall pay to the County all County plat application fees collected on a
quarterly basis.
V. RULES GOVERNING PLATTING UNDER THIS INTERLOCAL AGREEMENT.
A. The City shall comply with the applicable provisions of the following
regulations when platting property within those portions of its extraterritorial
jurisdiction that are within Kleberg County:
1. Texas Local Government Code Chapter 212, as amended.
2. Texas Local Government Code Chapter 232, as amended.
3. The City's Platting Ordinance, as amended.
4. Kleberg County Commissioners Subdivision Order, dated April 16,
2001.
5. Any other statutes applicable to municipalities and counties that may
be enforced in the City's extraterritorial jurisdiction.
B. If the existing municipal regulation or county regulation relating to plats and
the subdivision of land conflict, the more stringent regulation applies.
C. If the City requires a plat to be filed for the subdivision of a particular tract of
land in the City's extraterritorial jurisdiction, but the County does not, the property
may not be subdivided until a plat is approved by the City.
D. If the County requires a plat to be filed for the subdivision of a particular tract
of land in the City's extraterritorial jurisdiction, but the City does not, the property
may not be subdivided until a plat is approved by the City.
E. The City shall prepare a consolidated set of regulations that identifies the
most stringent requirements currently required by either jurisdiction. The
consolidated regulations must be appended to this Interlocal Agreement as
Appendix A.
F. The administrative procedures in the City's Platting Ordinance will be used to
the processing of plat applications and requests for variances.
VI. CITY PLANNING COMMISSION. The parties agree that the Planning Commission
of the City of Corpus Christi will act for the City of Corpus Christi in administering
Chapter 232 of the Texas Local Government Code, including the granting of variances.
Appeals from an action by the City Planning Commission may be made to the City
Council under the City Charter.
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VII. DEDICATION OF PUBLIC IMPROVEMENTS. The approval of a plat of land
located within those portions of the City's extraterritorial jurisdiction that are within
Kleberg County under this interlocal Agreement does not constitute acceptance of the
dedication of any public improvements by the Kleberg County Commissioners' Court.
After the public improvements have been installed and inspected by both the City and
County designated representatives, an application for acceptance of the dedication
must be made to the Commissioners' Court.
VII. TERMINATION.
A. The parties agree that either party may terminate this Interlocal Agreement
without cause on the annual anniversary date by providing sixty (60) days prior
written notice of their intent to terminate this Interlocal Agreement.
B. Upon termination, all authority to administer Chapter 232 of the Texas Local
Government Code within those areas of the City's extraterritorial jurisdiction that
are within Kleberg County revert to the County.
VIII. MISCELLANEOUS PROVISIONS.
A. Notice. Notice required by this Interlocal Agreement may be given or served
by depositing the notice in the United States Mail, in certified or registered form,
postage prepaid, addressed to the other pady, or by delivering the notice in
person to the other party. Notice deposited in the United States Mail in the
manner prescribed in this subsection is effective upon deposit. The addresses of
the parties are:
City of Corpus Christi, Texas
Attention: City Manager
P.O. Box 9277
Corpus Christi, Texas 78489-9277
Kleberg County
Attention: Kleber9 County Judge
Kleberg County Courthouse, Suite 109
400 W. Sinton Street
Sinton, Texas 78387
B. Effect of Waivers. No waiver by either party of any default, violation, or
breach of the terms, provisions, and covenants contained in this Interlocal
Agreement may be deemed or construed to constitute a waiver of any other
violation or breach of any of the terms, provisions, and covenants of this
Interlocal Agreement.
C. Only Agreement between Parties. This Interlocal Agreement constitutes the
only agreement of the parties relating to the administration of administration of
and enforcement authority under Chapter 212, 232, and 242 of the Texas Local
Government Code and supersedes any understandings or written or oral
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agreements between the parties respecting the subject matter of this Interlocal
Agreement. Any changes or modifications to this Interlocal Agreement must be
made in writing and approved by the governing bodies of both parties.
D. Amendment of Interlocal Agreement. This Interlocal Agreement may be
amended at any time. Any amendment to this Interlocal Agreement must be in
writing and agreed to by the governing bodies of the parties. No officer or
employee of any of the parties has authority to waive or otherwise modify the
limitations in this Interlocal Agreement, without the express action of the
governing body of the party.
E. Not For Benefit of Third Parties. This Interlocal Agreement and all activities
under this Interlocal Agreement are solely for the benefit of the parties and not
the benefit of any third parties.
F. Exercise of Police Powers. This Intedocal Agreement and all activities under
this Interlocal Agreement are undertaken solely as an exercise of the police
power of the parties, exercised for the health, safety, and welfare of the public
generally, and not for the benefit of any particular person or persons. The parties
do not have and may not be deemed to have any duty to any particular person or
persons.
G. Immunities Not Waived. Nothing in this Interlocal Agreement is waives any
governmental, official, or other immunity or defense of any of the parties or their
officers, employees, representatives, and agents as a result of the execution of
this Interlocal Agreement and the performance of the covenants contained in this
Interlocal Agreement.
H. No Civil Liability to Other Party. One party may not be responsible to and
may not be civilly liable to another party for any act or omission under this
Interlocal Agreement. Each party waives all claims against the other party for
compensation for any loss, damage, personal injury, or death occurring as a
consequence of the performance of this Interiocal Agreement.
I. Captions. Captions to provisions of this Interlocal Agreement are for
convenience and shall not be considered in the interpretation of the provisions.
J. Fiscal Obligations. Each party which performs services or furnishes aid under
this Interlocal Agreement must do so with funds available from current revenues
of the party. No party has any liability for the failure to expend funds to provide
aid under this Interlocal Agreement.
K. Interlocal Cooperation Act Applies. The parties agree that activities under this
Interlocal Agreement are "governmental functions and services" and that the
parties are "local governments" as that term is defined in this Intedocal
Agreement and in the Interlocal Cooperation Act.
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L. Entirety of Agreement. This Interlocal Agreement contains all commitments
and agreements of the parties with respect to the platting of property within the
City of Corpus Christi's extraterritorial jurisdiction. No other oral or written
commitments of the parties with respect to the platting of property within the City
of Corpus Christi's extraterritorial jurisdiction may have any force or effect if not
contained in this Interlocal Agreement.
M. Severability. If any provision contained in this Interlocal Agreement is held
invalid for any reason, the invalidity does not affect other provisions of the
Interlocal Agreement that can be given effect without the invalid provision, and to
this end the provisions of this Intedocal Agreement are severable.
N. Validity and Enforceability. If any current or future legal limitations affect the
validity or enforceability of a provision of this Interlocal Agreement, then the legal
limitations are made a part of this Interlocal Agreement and operate to amend
this Interiocal Agreement to the minimum extent necessary to bring this Interlocal
Agreement into conformity with the requirements of the limitations, and so
modified, this Interlocal Agreement continues in full force and effect.
O. Warranty. The Interlocal Agreement has been officially authorized by the
governing body of each party, and each signatory guarantees and warrants that
the signatory has full authority to execute this Interlocal Agreement and to legally
bind the respective party to this Interlocal Agreement.
P. Governing Laws. This Interlocal Agreement shall be governed by the laws of
the State of Texas.
Q. Venue. Venue for an action arising under this Interlocal Agreement is in
Kleberg County, Texas.
EXECUTED in duplicate originals this day of
ATTEST: CITY OF CORPUS CHRISTI
,2003.
Armando Chapa
City Secretary
Samuel L, NeaI, Jr.
Mayor
APPROVED AS TO LEGAL FORM: This day of
.,2003.
R. Jay Reining
Acting City Attorney
Kleberg ETJINTERLOCALdraft 12102003.doc
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KLEBERG COUNTY, TEXAS
APPROVED AS TO LEGAL FORM: This
David H. Aken
County Attorney
Terry A. Simpson
County Judge
day of ,2003.
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46
CITY COUNCIL
AGENDA MEMORANDUM
Date: December 12, 2003
AGENDA ITEM: A) Emergency Ordinance approving the License Agreement
between the City of Corpus Christi and Guffierra Energy Partners, L.P. settling
claims of the City for past use of City rights of way and property by Gulfterra and
its predecessors; granting to Guffierra the right to use certain City rights of way
and property for pipelines transmitting natural gas, natural gas liquids, and other
petroleum products for a term of ten years with one ten-year renewal term;
establishing the charges for such use of public property; providing for equitable
fees; providing for protection of City rights-of-way, property and interests;
providing for related matters, superseding and revoking prior agreements, and
declaring an emergency.
B) Emergency Ordinance amending Section 55-3 of the Code of Ordinances of
the City of Corpus Christi regarding the requirement of consent of the City for
natural gas pipelines and conveyance of natural gas using City rights-of-way or
property and serving customers within the City; with violations subject to penalty
under Section 55-3(d) of the Code; providing for severability; and declaring an
emergency;
ISSUE: In 1996, the City of San Benito filed a class action lawsuit against certain
pipeline companies for unauthorized use of cities' public rights of way. About 100 cities
were within the class, including Corpus Christi. A settlement was proposed in 1999
which included a cash settlement to each city and a grant to the company ora 25-year
consent agreement. Corpus Christi opted out of the settlement, believing it to be
inadequate in several respects. Since then the City has been negotiating with the pipeline
company (now Gult~erra Energy Partners, L.P. after several ownership changes).
Staff has negotiated an agreement with Gultterra with the following primary elements:
1. In consideration of settlement of past claims and the granting ora License
Agreement to use rights-of-way and certain city property in the future, Gulfferra
will pay the City:
a. $3,000,000 prior to approval of the agreement by Council;
b. Annual street rental payments of $1.25 per linear foot of pipe in City
rights-of-way and property and $500 per street crossing. Initially, this will
be $222,947 annually. The linear foot portion will be subject to CPI
adjustment.
2. City will release Gulfterra and its predecessors from prior claims.
3. The term of the agreement is 10 years, commencing October 1, 2002.
Gulfterra is given the right to be re-licensed for one additional 10-year term on
terms not unreasonably different from the least restrictive terms contained in a
license agreement with any other pipeline company.
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4. Two annual payments, for October 1, 2002, and October 1, 2003, become due
upon approval of the License agreement, in the amount of $222,947 for each year.
However, payment of these is deferred until the City adopts an ordinance
applying uniform charges to other pipelines. Staff will bfing that ordinance to
Council in the near future.
5. The annual fee for Guli~erra is subject to provisions for uniformity of charges
for similar pipelines. Effective 12 months fi.om approval of the License
Agreement, Gulf[erra's annual payments will be reduced if other pipelines are not
being effectively charged, according to a formula. Also, if the City were to adopt
an ordinance prescribing a lesser charge than the License Agreement, or if the
City were to grant another pipeline a license with a lesser charge, Gulflerra would
get the benefit of the lesser charge. The charges would also be subject to a
change-of-law provision.
6. Consent is given to Guli~erra under applicable city ordinance to sell gas in the
City to Large Volume Customers beyond c~acity of the City's distribution
system and to transport gas consistent with its status as a common cartier and as
an entity regulated by Railroad Commission Rules. The grant of the
transportation fight necessitates an ordinance amendment to assure that a seller of
gas must get City consent before serving customers in the City limits. This
incidental ordinance is also attached.
7. Other provisions include measures to protect city streets and facilities,
insurance and indemnity requirements, record-keeping, audit, etc.
Approval of this License Agreement will resolve the long-standing dispute with the
~mpany, and establish the framework for implementing uniform charges for use of
public property by pipelines. The implementing ordinances are proposed for one reading
in order to expedite payment of the $3,000,000 to the City.
RECOMMENDATION: Approval of ordinances as submitted.
JoffC z-Aedo
Assistllnt City Manager
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AN ORDINANCE
APPROVING THE LICENSE AGREEMENT BETWEEN THE CITY OF
CORPUS CHRISTI AND GULFTERRA ENERGY PARTNERS, L.P.
SETTLING CLAIMS OF THE CITY FOR PAST USE OF CITY RIGHTS
OF WAY AND. PROPERTY BY GULFTERRA AND ITS
PREDECESSORS, GRANTING TO GULFTERRA THE RIGHT TO USE
CERTAIN CITY RIGHTS OF WAY AND PROPERTY FOR PIPELINES
TRANSMITTING NATURAL GAS, NATURAL GAS LIQUIDS, AND
OTHER PETROLEUM PRODUCTS FOR A TERM OF TEN YEARS WITH
ONE TEN YEAR RENEWAL TERM; ESTABLISHING THE CHARGES
FOR SUCH USE OF PUBLIC PROPERTY; PROVIDING FOR
EQUITABLE FEES; PROVIDING FOR PROTECTION OF CITY RIGHTS
OF WAY, PROPERTY, AND INTERESTS; PROVIDING FOR RELATED
MATTERS; SUPERSEDING AND REVOKING PRIOR AGREEMENTS,
AND DECLARING AN EMERGENCY
WHEREAS, Gulfterra Energy Partners, L.P. (and its predecessors) (hereinafter
"Gulfferra") presently and for many years have owned, operated and maintained
natural gas pipelines within the corporate limits of the City of Corpus Christi that
use public streets, ways, and other property; and
WHEREAS, the City of Corpus Christi and Gulfterra have engaged in lengthy
negotiations regarding the City's claim for payment for occupation and use of its
rights of way and property in the past and prospectively, since notification of the
proposed class action settlement in City of San Benito et al v. PG&E Gas
Transmission, Texas Corporation et al, No. 96-12-7404-A, 107th District Court,
Cameron County, Texas, which the City ultimately opted out of; and
WHEREAS, the City and Gulfterra wish to settle all past claims with respect to
Gulfterra's pipelines and wish to agree to the charge to be paid for use of City's
rights of way and property in the future; and
WHEREAS, the City Council believes that the agreement reached is fair and
reasonable under the circumstances, and that settlement of these issues will
enable the City and Gulfterra to maintain a constructive and cooperative
relationship in the future; and
WHEREAS, as a result of the negotiations with Gulfterra, the City has reached
conclusions as to the value of its public right-of-way and the fees that should be
charged for the use of the right-of-way by pipelines, and intends to implement
equitable fees for all pipelines that use public rights-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION I. The City Manager of the City is hereby authorized to execute on behalf of
the City the License Agreement Between the City of Corpus Christi and Gulfterra
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Energy Partners, L.P., a substantial copy of which is attached hereto as Exhibit A and
made part of this ordinance for all purposes.
SECTION 2. This ordinance supersedes all revocable easements, use privilege
agreements, and similar rights heretofore granted to Gulfterra Energy Partners, L.P. or
its predecessors for pipelines in rights-of-way and other property or the City of Corpus
Christi, and all such revocable easements, use privilege agreements, and similar rights
are hereby revoked. This ordinance shall be null and void unless the check tendered
pursuant to Section 5.2 of Exhibit A is honored by the bank.
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 on this the 16th day of December, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: This 11th day of December, 2003:
eining /
Actir~ City Attorr~y
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2
AN ORDINANCE
AMENDING SECTION 55-3 OF THE CODE OF ORDINANCES OF THE
CITY OF CORPUS CHRISTI REGARDING THE REQUIREMENT OF
CONSENT OF THE CITY FOR NATURAL GAS PIPELINES AND
CONVEYANCE OF NATURAL GAS USING CITY RIGHTS-OF-WAY OR
PROPERTY AND SERVING CUSTOMERS WITHIN THE CITY; PROVIDING
FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. Section 55-3(b) of the Code of Ordinances of the City of Corpus Christi is
revised to read as follows:
Sec. 55-3. Franchises required to construct or maintain gas lines or to provide
gas for end-use consumption within the corporate limits of the city.
....... .,, - .................... r- .......'.C ............... · ........... CT v~. ............
use=-. No owner or operator of a pipeline or pipeline system shall use a pipeline or
pipeline system under its ownership, operation or control, any part of which is located in
any d.clht-of-way or property of the city, for transportation of its or another person's
natural .qas to consumers, whether industrial, commercial, or residential, within the
corporate limits of the city, unless a franchise or permit is first obtained by said owner or
operator, which franchise or permit specifically authorizes the use. No owner or seller
of natural qas shall use city ri.qht-of-way or property by conveyin.q or caus n.q to be
conveyed natural .qas throuqh a pipeline or pipeline system owned by itself or another,
any part of which is located in any ri.qht-of-way or property of the city, to customers,
whether industrial, commercial, or residential, within the corporate limits of the city,
unless a franchise or permit is first obtained by said owner, which franchise or permit
specifically authorizes such use. No person shall purchase natura .qas for use n the
City limits except from the city's .qas distribution system or from a seller that has a
franchise or permit as required by this subsection. For purposes of this subsection (b),
"ri.qht-of-wa¥" shall mean any street, road, alley, sidewalk, brid.qe, or similar way, or
public utility easement owned or controlled by the city within the city limits. In
considerin.q whether to .qrant a franchise or permit for sale of .qas to customers in the
city limits, the city council shall consider whether the .qrantin.q will likely lead to
impairment of the city's ability to adequately and reliably serve existin.q and anticipated
customers at reasonable cost, ncludinq the effect on Iow income residential customers
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and small businesses; the city's and its ratepayers' investment in its qas distribution and
combined utility system; compliance with bond covenants of the city's combined utility
system; whether the proposal would undertake to serve all or a substantial portion of
the city's retail .qas-usinR population on a fair competitive basis with the city's .(:las utilitv
system; the reliability and adequacy of .qas service to existinR and future customers;
and the benefit or detriment to the health, welfare, and safety of the public. In
considerin.q whether to .qrant a franchise or permit for transportation, the city council
shall consider whether requlatory rules for common carriers make it illeRal or impractical
to re.qulate transportation to customers in the city limits so that the public's interest is
best addressed by re.qulation throuqh .qrantin.q or denyinq franchises or permits tn
sellers of .qas.
SECTION 2. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 55-3(d) of the City Code of
Ordinances.
SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and effect for its purpose.
SECTION 4. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 5. 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 on this the 16th day of December, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: This 11th day of December, 2003:
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cCity of
orpus
Christi
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