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Agenda Packet City Council - 12/19/2006
CITY COUNCIL AGENDA DECEMBER 19, 2006 Corpus Ch risti SSA AII-America Cilv 11:45 A.M. - Commendation Certificate: "Padre Hurricanes Girls Under 17 Soccer Team" Swearing -in ceremony of newly appointed Board, Commission and Committee Members "At Your Service" Award, City Staff Recognition AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD DECEMBER 19, 2006 10:00 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 12:00 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 Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by The Most Reverend Edmond Carmody, D.D., Bishop of Corpus Christi. 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 Henry Garrett Mayor Pro Tem Mark Scott Council Members: Brent Chesney City Manager George K. Noe Melody Cooper City Attorney Mary Kay Fischer Jerry Garcia City Secretary Armando Chapa Bill Kelly Rex Kinnison John Marez Jesse Noyola Agenda Regular Council Meeting December 19, 2006 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of December 12, 2006. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. lfdeemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. 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 for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 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) 2. Motion approving a supply agreement with Ennis Paint, Inc., of Ennis, Texas for approximately 6,875 gallons of pavement marking paint in accordance with Bid Invitation No. BI- 0077 -07 based on low bid for an estimated semi - annual expenditure of $57,365. The term of the supply agreement will be for six months Agenda Regular Council Meeting December 19, 2006 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) with an option to extend for up to five additional six -month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Street Services for FY 2006 -2007. (Attachment # 2) 3. Motion approving the purchase of one heavy truck in accordance with Bid Invitation No. BI- 0023 -07 from Grande Truck Center, of San Antonio, Texas based on only bid for a total amount of $56,718. This is a replacement unit. Funds are available in the Street Operations Budget. (Attachment # 3) 4. Motion approving service agreements with the following companies for the following amounts for improved right -of -way strip mowing, based on best value in accordance with Bid Invitation No. BI- 0145 -06 for an estimated semi - annual expenditure of$166,101.26. The term of the agreements shall be for six months with options to extend for up to five additional six - month periods, subject to the approval of the contractors and the City Manager or his designee. Funds have been budgeted by Storm Water for FY 2006 -2007. (Attachment # 4) Sierra Services Corpus Christi, TX Group: 1 $30,835.64 O.J.'s Lawn Services Aspen Lawn Services Corpus Christi, TX Corpus Christi, TX Groups: 2-3 Group: 4 $28,509.80 $34,76736 A & D Contracting J.Z. Lawn Service, Inc. Ramon Dorame Corpus Christi, TX Corpus Christi, TX Corpus Christi, TX Group: 5A Group: 5B Group: 6 $34,601.26 $17,107.20 $20,280 GRAND TOTAL: $166,101.26 5. Motion approving a supply agreement with Nardis Public Safety, of San Antonio, Texas for police uniforms, in accordance with Bid Invitation No. BI- 0181 -06, based on low bid meeting specifications for an estimated annual expenditure of $60,214.25. The term of the contract will be for twelve months with an option to extend the contract for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Police Department in FY 2006 -2007. (Attachment # 5) Agenda Regular Council Meeting December 19, 2006 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6. Motion approving the purchase of twenty -eight (28) police radar units from Kustom Signals, Inc., of Lenexa, Kansas for a total amount of $69,378. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). The radar units will be used by the Police Department. Funds are available through the Justice Assistance Grant, the Weed and Seed Police Grant, and the Police Department Operation Budget. (Attachment # 6) 7.a Resolution authorizing the Procurement and General Services Manager or his designee to participate in an Interlocal Purchasing Agreement with the City of El Paso when in the best interests of the City of Corpus Christi. (Attachment # 7) 7.b. Motion approving the purchase of one (1) graffiti removal truck from Casa Ford, Inc., of El Paso, Texas in accordance with the City of El Paso's Solicitation No. 2007 -038 for the total amount of $77,322.14. The truck will be used by the Police Department. Funding is available in the Crime Control District Fund. (Attachment # 7) 8. Motion approving the purchase of police training equipment from TACnologies LTD, of Kerrville, Texas for the total amount of $30,325. The award is based on a sole source. The equipment will be used by the Police Department for simulating live tactical maneuvers. Funding is available in the Law Enforcement Trust Fund. (Attachment # 8) 9. Motion approving the lease purchase of (1) Pierce engine pumper from Siddons Fire Apparatus, Inc., of Houston, Texas for the total amount of $350,000. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). This pumper will be used by the Fire Department. Funds for the lease purchase of the engine pumper will be provided through the City's lease /purchase financing program. (Attachment # 9) Agenda Regular Council Meeting December 19, 2006 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 10. Motion approving a contract with Allison Flooring America, of Corpus Christi, Texas for the installation of new carpet and vinyl tile at the Greenwood Branch Library in the amount of $33,727.82. The award is in accordance with the State's cooperative purchasing program. Funds are available from the Community Development Block Grant Fund. (Attachment # 10) 11. Motion approving the purchase of three (3) computer servers from Dell Marketing LP, of Round Rock, Texas in accordance with the cooperative purchasing agreement with the State of Texas in the amount of $28,452. Funds are available in the Solid Waste Operating Fund. (Attachment # 11) 12.a. Motion authorizing the City Manager or his designee to execute a lease purchase agreement with Bank of America in the amount of $569,500 for the Police Department Chilled Water Plant Upgrade 2006 project. (Attachment # 12) 12.b. Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $569,500 with Weathertrol, Inc., of Corpus Christi, Texas for the Police Department Chilled Water Plant Upgrade 2006 project. (Attachment # 12) 13. Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with King - Isles, Inc., of Corpus Christi, Texas in the amount of $87,128.74 for the Furman Avenue Development/Spohn Shoreline Hospital Sanitary Sewer project. (Attachment # 13) 14. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Dykema Architects, Inc., of Corpus Christi, Texas in the amount of $86,856 for the Parkdale Library Renovations 2006. (Attachment # 14) 15. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Chuck Anastos Associates, LLC, of Corpus Christi, Texas in the amount of $124,500 for a total restated fee of $137,000 for the New Southside Fire Station. (BOND ISSUE 2004) (Attachment # 15) Agenda Regular Council Meeting December 19, 2006 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 16. Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Contract for Professional Services with RVE, Inc., of Corpus Christi, Texas in the amount of $50,180 for a revised total fee of $699,710 for the Waldron Road Street Improvements- Purdue to Glenoak and Mediterranean Extension for additional design for Glenoak Drive Drainage Improvements and Water Line Replacement. (BOND ISSUE 2004) (Attachment # 16) 17. Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Engineering Services Contract with Freese and Nichols, Inc., of Fort Worth, Texas in an amount not to exceed $98,920 for the Wholesale Raw Water SCADA Improvements- 2006 Project for the Replacement of Master Meter No. 1 at O. N. Stevens Water Treatment Plant. (Attachment # 17) 18. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Laboratory's Welding Inspection and Testing Services Contract with Base Line Data, Inc., of Portland, Texas in the amount of $1,995 for a restated total not to exceed fee of $26,982 for the Rincon Bayou Diversion Project Intake Pump Station, Diversion Pipeline, and Discharge Structure Hondo Creek Bridge Replacement Project. (Attachment # 18) 19. Motion authorizing the City Manager or his designee to execute a Geotechnical Services Agreement with Kleinfelder, Inc., of Corpus Christi, Texas in an estimated amount not to exceed $202,440 for the J. C. Elliott Landfill Groundwater Monitoring and Sampling - 2007 and 2008. (Attachment # 19) 20. Resolution authorizing the City Manager or his designee to execute an Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $4,080 for the Holly Road_ Improvements Project from SH 286 to Greenwood Drive. (BOND ISSUE 2004) (Attachment # 20) Agenda Regular Council Meeting December 19, 2006 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 21. Motion authorizing the City Manager or his designee to execute Change Order No. 2 with SLC Construction, L.P., of Conroe, Texas in the amount of $62,992.43 for a total restated not to exceed contract amount of $2,793,618.98 for the Water Main Improvements: Leopard Street and Third Street project. (Attachment # 21) 22. Motion authorizing the City Manager or his designee to execute a Texas Buy Board Contract with Musco Sports Field Lighting, LLC, of Round Rock, Texas in the amount of $898,353 for the Sports Field Lighting Improvements. (BOND ISSUE 2004) (Attachment # 22) 23. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Urban Engineering, Inc., of Corpus Christi, Texas in the amount of $115,035 for a revised total fee of $204,735 for the Rodd Field Village Improvement District. (Attachment # 23) 24.a. Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Nueces County, developer of Rose Acres Subdivision located at the intersection of FM 665 (Old Brownsville Road) and FM 763 (OCL) for the installation of 4,645 - linear feet of 16 -inch PVC water grid main. (Attachment # 24) 24.b. Ordinance appropriating $412,183.89 from the Arterial Transmission and Grid Main Trust Fund No. 209010 -4030 to pay the Nueces County reimbursement request for the installation of 4,645 - linear feet of 16 -inch PVC grid main to develop Rose Acres Subdivision. (Attachment # 24) 25.a. Motion approving an amendment to the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by C.C.T. Navigation- Cameron, LP, developer of Navigation Pointe, Block 1, Lot 1, to extend the time period for the developer to be eligible for reimbursement from December 30, 2006 to December 30, 2007 due to delays in the completion of construction and to reduce the Developer reimbursement from $110,141.25 to $82,510.20 due to decrease in platted acreage. (Attachment # 25) Agenda Regular Council Meeting December 19, 2006 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 25.b. Ordinance amending Ordinance No. 026561 to reduce the appropriation from the Sanitary Sewer Collection Line Trust Fund No. 540450 -21801 -4220 to $82,510.20 to pay the C.C.T. Navigation- Cameron, LP, request for constructing a sanitary sewer collection line. (Attachment # 25) 26.a. Motion approving an amendment to the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by C.C.T. Navigation- Cameron, LP, developer of Navigation Pointe, Block 1, Lot 1, to reflect a cost increase of $11,556.25 for constructing an additional 200 - linear feet of 12- inch PVC water grid main and to extend the time period for the developer to be eligible for reimbursement from December 30, 2006 to December 31, 2007 due to delays in the completion of construction. (Attachment # 26) 26.b. Ordinance appropriating an additional $11,556.25 from the Water Arterial Transmission and Grid Main Trust Fund No. 540450- 21805 -4030 to pay C.C.T. Navigation- Cameron, LP for constructing an additional 200 - linear feet of 12 -inch PVC water grid main. (Attachment # 26) 27.a. Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by HEB Grocery Company, LP, owner and developer of Lots 6, 6A, 7, 10, 13, and 14 Island Business Center Annex and Lot 8, Block A, Island Business Center Unit 1, located east of Waldron Road and south of South Padre Island Drive for the installation of 1,242 - linear feet of 10 -inch PVC sanitary sewer collection line. (Attachment # 27) 27.b. Ordinance appropriating $161,377.10 from the Sanitary Sewer Collection Line Trust Fund No. 540450 - 21801 -4220 to pay HEB Grocery Company, LP, for the installation of 1,242- linear feet of 10 -inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop Lots 6, 6A, 7, 10, 13, and 14 Island Business Center Annex and Lot 8, Block A, Island Business Center Unit 1. (Attachment # 27) Agenda Regular Council Meeting December 19, 2006 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 28. Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Contractors Safety Council of the Coastal Bend ( "Owner"), for the right to install, operate, repair, replace and maintain a private 2 -inch PVC force main along the south side of the Leopard Street public right -of- way, from 7433 Leopard Street, approximately 2,188 -feet west of an existing city manhole at the intersection with Southern Minerals Road; establishing a fee of $2,338. (Attachment # 28) 29. Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Kalogridas and Kalogridas, LLC and First Commerce Bank ( "Owner") for the right to construct, operate, repair, replace, and maintain a private 2- inch PVC force main to extend approximately 448 - linear feet within a city utility easement and the Palmira Avenue Street right - of -way; establishing a fee of $598. (Attachment # 29) 30. Motion authorizing the City Manager or his designee to execute a purchase agreementwith Dialogic Communications Corporation in the amount of $65,000. This purchase enhances an already procured application from Dialogic Communications Corporation utilized by Emergency Operations groups of Corpus Christi, Nueces, and Kleberg Counties. (Attachment # 30) 31.a. Motion adopting the timetable for the FY2007 Consolidated Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) programs. (Attachment # 31) 31.b. Motion reaffirming Community Development Block Grant and HOME Investment Partnerships Program objectives and guidelines as previously approved and amended by City Council Policy No. 9. (Attachment # 31) 32. Resolution adopting the Corpus Christi Commercial Revitalization Local Strategic Plan. (Attachment # 32) 33. Motion approving a $5.00 per person admission fee for "Art in the Park ", sponsored by Friends of the Park held from April 27 through April 29, 2007 in Sherrill Park. (Attachment # 33) Agenda Regular Council Meeting December 19, 2006 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 34. Ordinance amending the Code of Ordinances, Chapter 3 ' /z, Alarm Systems by amending Section 31/z -11, Reporting of alarm signals and Section 31/2 -15, Alarm monitoring and reporting; providing for publication. (Attachment # 34) 35. Second Reading Ordinance - Abandoning and vacating a 7,292.92- square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced, dedicated public right -of -way (Linda Lee Drive) out of Block 3, Tropic Heights Unit 2, adjacent to and south of Mediterranean Drive public right -of -way; subject to owner's compliance with the specified conditions. (First Reading 12- 12 -06) (Attachment # 35) 36. Second Reading Ordinance - Abandoning and vacating a 1,820.49- square foot portion of an undeveloped and unsurfaced, dedicated public right -of -way (Whitecap Blvd.) out of Padre - Island- Corpus Christi, Section -C; north of the Windward Drive and west of the Leeward Drive public rights -of -way; subject to owner's compliance with the specified conditions. (First Reading 12 -12- 06) (Attachment # 36) 37. Second Reading Ordinance - Adopting the shaded portions of the Drainage Criteria Technical Guide forthe Corpus Christi Drainage Criteria and Design Manual required to make revisions to the City of Corpus Christi Storm Water Master Plan map sheets; providing a severability clause; providing a repealer clause. (First Reading 12- 12 -06) (Attachment # 37) I. PUBLIC HEARINGS: ZONING CASES: 38. Case No. 1106 -05, Weber Plaza Development, LLC: A change of zoning from an "A -1" Apartment House District and an "A -2" Apartment House District to a "B -4" General Business District on .22 acres out of the easterly portion of Lot 4, Ellendale Gardens Subdivision and Ellendale Annex Block A, located on the southwest corner of Up River Road and IH -37. (Attachment# 38) Planning Commission Recommendation: Approval of the "B-4" General Business District. Agenda Regular Council Meeting December 19, 2006 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Staff's Recommendation: Denial of the "B -4" General Business District and, in lieu thereof, approval of a "B-1/SP" Neighborhood Business District with a Special Permit that allows for a hotel or motel development, subject to a site plan with seven (7) conditions. ORDINANCE Amending the Zoning Ordinance upon application by Weber Plaza Development, LLC, by changing the zoning map in reference to 0.22 acres out of the easterly portion of Lot 4, Ellendale Gardens Subdivision and Ellendale Annex BlockAfrom "A -1" Apartment House District and "A -2" Apartment House District to "B -4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty. 39. Case No. 1106 -07, Grunwald Printing: A change of zoning from a "R -2" Multiple Dwelling District to a "B -4" General Business District on Bayview Unit 2, Lots 7 and 14, Block 3, located at 1215 11 th Street and 1218 12th Street, approximately 150 feet north of Morgan Avenue. (Attachment # 39) Planning Commission Recommendation: Approval of the "B -4" General Business District. Staffs Recommendation: Denial of the "B -4" General Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Grunwald Printing, by changing the zoning map in reference to Bayview Unit 2, Lots 7 and 14, Block 3, from "R -2" Multiple Dwelling District to "B -4" General Business District; amending the Comprehensive Plant to account for any deviations from the existing Comprehensive Plan; providing a penalty. Agenda Regular Council Meeting December 19, 2006 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) J. PRESENTATIONS: Public comment will not be solicited on Presentation items. 40.a. "Utility Alternative Financing Study" Report by Duncan Associates (Attachment # 40) 40.b. Funding Needs for Wastewater Infrastructure to Sustain Development Growth (Attachment # 40) 41. 2007 Water Master Plan Update (Attachment # 41) 42. Presentation by Del Mar College on their Work Program and Legislative Agenda (Attachment # 42) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 43.a. Second Reading Ordinance - Ordinance granting to EarthLink, Inc. a non- exclusive one -year franchise to operate, maintain, construct, extend, and upgrade facilities of a wireless network in the public rights -of -way. (First Reading 11- 14 -06) (Attachment # 43) 43.b. Second Reading Ordinance - Ordinance granting to EarthLink, Inc. a non - exclusive ten -year franchise to operate, maintain, construct, extend, and upgrade facilities of a wireless network in the public rights -of -way. (First Reading 11- 14 -06) (Attachment # 43) 43.c. Ordinance approving the First Revised Agreement for services between the City of Corpus Christi and the CC Digital Community Development Corporation. (Attachment # 43) 43.d. Ordinance approving the Asset Purchase Agreement by and among EarthLink, Inc. and the City of Corpus Christi, Texas and the CC Digital Community Development Corporation to sell wireless components of the City of Corpus Christi Integrated Wi- Fi Network. (Attachment # 43) Agenda Regular Council Meeting December 19, 2006 Page 13 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 43.e. Ordinance acknowledging the Network Services Agreement between EarthLink, Inc. and the CC Digital Community Development Corporation, and agreeing to perform all obligations of the Corporation thereunder not performed by the Corporation. (Attachment # 43) 43.f. Other actions related to the above. (Attachment # 43) 44.a Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $7,393,446 with Bay Ltd., of Corpus Christi, Texas for the Up River Road Improvements from Rand Morgan Road to McKinzie Road. (BOND ISSUE 2004) (Attachment # 44) 44.b. Motion authorizing the City Manager or his designee to execute an Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services in the amount of $52,000 with Professional Service Industries, Inc., of Corpus Christi, Texas for the Up River Road Improvements from Rand Morgan Road to McKinzie Road. (BOND ISSUE 2004) (Attachment # 44) 44.c. Motion authorizing the City Manager or his designee to execute an Agreement for Street Light Installation in the amount of $80,000 with American Electric Power (AEP), of Corpus Christi, Texas for Up River Road Improvements from Rand Morgan Road to McKinzie Road. (BOND ISSUE 2004) (Attachment # 44) 45.a. Motion authorizing the City Manager or his designee to execute a construction contract with Longhorn Excavators, Inc., of Richmond, Texas in the amount of $3,835,907.25 for the J. C. Elliott Landfill Solid Waste Citizen Collection Center and Transfer Station. (Attachment # 45) 45.b. Motion authorizing the City Manager or his designee to execute a Materials Inspection, Testing and Laboratory Services Contract in the amount of $84,056 with Kleinfelder, of Corpus Christi, Texas for the J. C. Elliott Landfill Solid Waste Citizen Collection Center and Transfer Station. (Attachment # 45) Agenda Regular Council Meeting December 19, 2006 Page 14 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 46.a. Ordinance appropriating $1,015,735 from the Unreserved Fund Balance in the Water Operating Fund 4010 to pay expenses incurred by San Patricio Municipal Water District related to the groundwater project and lease with Goliad Sands, Ltd. and to pay expenses related to the quality test phases of the contract with San Patricio Municipal Water District related to groundwater supply from Goliad Sands, Ltd. and changing the FY 2006 -2007 Operating Budget adopted by Ordinance No. 026908 to increase appropriations by $1,015,735. (Attachment # 46) 46.b. Motion authorizing the City Manager or his designee to enter into a contract with San Patricio Municipal Water District related to the development of groundwater supply from Goliad Sands, Ltd. (Attachment # 46) 47.a. Resolution approving the City of Corpus Christi Chapter 380 Economic Development Program policies and procedures. (Attachment # 47) 47.b. Motion authorizing the City Manager or his designee to execute a Chapter 380 Agreement for Economic Development Incentives with Sam Kane Beef Processors, Inc. (Attachment # 47) L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE 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 FORMAT 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 ingle's es limitado, habit' un interprete ingles- espahol en la reunion de la junta para 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 Agenda Regular Council Meeting December 19, 2006 Page 15 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. 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. 48. Executive session under Texas Government Code Section 551.071 to consult with the City's attorneys regarding legal issues related to Garwood Water, with possible discussion and action related thereto in open session. 49. Executive session under Texas Government Code Section 551.071 regarding Larry Young, et al v. City of Corpus Christi, Cause No. 01- 647 -C, in the 94th Judicial District Court, with possible discussion and action related thereto in open session. 50. Executive session under Texas Government Code Section 551.071 regarding police collective bargaining negotiations, with possible discussion and action related thereto in open session. 51. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. 52. Executive session under Texas Government Code Section 551.072 regarding real estate transaction issues relating to the lease of the Memorial Coliseum site with possible discussion and action related thereto in open session. Agenda Regular Council Meeting December 19, 2006 Page 16 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) N. 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 brief discussions regarding city- related matters. 53. CITY MANAGER'S REPORT Upcoming Items 54. MAYOR'S UPDATE 55. COUNCIL AND OTHER REPORTS O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 1> : 30 p.m., December 15, 2006. AMAP. Ad r, (i),Ga, Armando Chapa ., • City Secretary 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. 1 PRESENT Mayor Henry Garrett Mayor Pro Tem Mark Scott Council Members: Melody Cooper Jerry Garcia Bill Kelly John Marez Jesse Noyola ABSENT Brent Chesney Rex Kinnison MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting December 12, 2006 - 10:00 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Bubba Stahl of First Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Jesse Noyola. City Secretary Chapa announced that Council Member Chesney would not be attending the meeting because of a family medical matter and Council Member Kinnison would not be attending due to illness. * * * ** * * * * * * * Mayor Garrett referred to Item 33, a presentation on the 18th Annual HEB "Feast of Sharing" Holiday Dinner. Shelley Parks with HEB Grocery Company and Assistant to the Mayor Linda Lewis announced the Annual Feast of Sharing on December 24th at the American Bank Center. Ms. Parks introduced members of local businesses and agencies that help contribute to this annual event. Mayor Garrett called for approval of the minutes of the regular Council meeting of November 14, 2006 and special Council meeting of November 15, 2006. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * Mayor Garrett called for petitions from the Corpus Christi Police Officers Association and the Corpus Christi Firefighters' Association regarding the police and fire negotiations. Mr. Domingo Ybarra, President of the Corpus Christi Police Officers Association, spoke in support of the police negotiations and an increase in wages for police officers. Mr. Carlos Torres, President of the Corpus Christi Firefighters' Association, provided a history of current negotiations. He requested on behalf of the firefighters that negotiations be resolved and that firefighters receive a fair and decent contract. ** * * * * * * * * ** Minutes — Regular Council Meeting December 12, 2006 — Page 2 Mayor Garrett referred to Item 2 and Commission on Children and Youth Brian Silva (Appointed) Human Relations Commission Eric Briones North Padre Island Development Corp. John Marez (Reappointed) Rex A. Kinnison (Reappointed) Jesse Noyola (Reappointed) Anna Mercardo Flores (Appointed) Water Resources Advisory Committee Lena Coleman (Reappointed) Herman Johnson, Sr. (Reappointed) Ruth Blake (Appointed) Frank C. Brogan (Appointed) Mary K. Fant (Appointed) the following board appointments were made: C.C. Regional Economic Development Corporation Joe Elizondo (Reappointed) Edward Martin (Reappointed) Landmark Commission Myron Grossman (Reappointed) Bunny Tinker (Reappointed) Herb Morrison (Reappointed) Richard Moore (Reappointed) Craig Thompson (Reappointed) David Blanke (Reappointed) Dr. James Carter (Appointed) Dr. Clifton Baldwin (Appointed) Stephen T. Bowling (Appointed) Anita Eisenhauer (Appointed) Arthur W. Zeitler (Appointed) Mayor Garrett called for consideration of the consent agenda (Items 3 - 27). City Secretary Chapa announced that Councilmember Noyola would be abstaining from the vote and discussion on Items 4, 22.a., 22.b. and 26. Mr. Abel Alonzo requested that Item 6 be pulled for individual consideration. Mr. Phil Rosenstein requested that Item 8 be pulled for individual consideration. Mr. Bill Kopecky requested that Item 9 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2006 -386 Motion approving a supply agreement with Arnold Oil Company, of Corpus Christi, Texas for automotive, commercial and golf cart batteries, in accordance with Bid Invitation No. BI- 0210-06 based on low total bid for an estimated annual expenditure of $35,146.87. The term of the contract shall 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 using departments for FY 2006 -2007. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. ORDINANCE NO. 027063 Ordinance authorizing the City Manager or his designee to execute a short term lease agreement, which will terminate on December 31, 2007, with James Charles Bernsen, for approximately 244.12 acres of land at the Corpus Christi International Airport, to be used for crop farming, in consideration of a rental fee of $80 per acre. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, ,Kelly, Marez, and Scott, voting "Aye "; Chesney and Kinnison were absent; Noyola abstained. Minutes — Regular Council Meeting December 12, 2006 — Page 3 5. MOTION NO. 2006 -387 Motion approving the purchase of laboratory analytical instruments from the following companies for the following amounts for a total amount of $97,700.78. This equipment will be used by the Health Department. Funds are available from the Health Department Grants Fund. PerkinElmer Life and Analytical Sciences Shelton, Connecticut Item No. 1 $44,374.00 Grand Total: $97,700.78 Applied Biosystems Foster City, California Item No. 2 $53,326.78 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. 7. MOTION NO. 2006 -388 Motion approving the purchase of thirty -eight (38) police package sedans and two (2) pickup trucks in accordance with Bid Invitation No. BI- 0046 -07 from Access Ford, of Corpus Christi, Texas based on low bid and most advantageous bid for a total amount of $854,994. Funding is available from the FY 2006 -2007 Capital Outlay Budget in the Maintenance Services Fund and the Crime Control and Prevention District fund. All units are replacements. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney and Kinnison were absent. 10. ORDINANCE NO. 027067 Ordinance amending the current four year Parking Lease and Management Agreement with the Texas State Aquarium Association (TSAA) by (1) adding new property described as all of Lots 4, 6, and 8, Block G, Brooklyn Addition together with all parking lot improvements and an undeveloped 4,270- square foot portion of Pearl Street located between Shoreline Boulevard and Corpus Christi Bay; (2) and allowing TSAA to sub -lease the properties and, if necessary, collect parking revenues; (3) keeping intact all other terms of the original four year Parking Lease and Management Agreement. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney and Kinnison were absent. 11. MOTION NO. 2006 -389 Motion authorizing the City Manager or his designee to extend the maintenance agreement with MRO Software, an IBM Company, of Bedford, Massachusetts for twelve months in an amount not to exceed $38,571.30. Included in the maintenance and support are the Maximo Enterprise System applications utilized by nine (9) City departments for automated work and asset management. MRO Software is an approved Texas Department of Informption Resources vendor. Minutes — Regular Council Meeting December 12, 2006 — Page 4 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. 12.a. MOTION NO. 2006 -390 Motion authorizing the City Manager or his designee to accept a continuation grant in the amount of $25,039 from Sam Houston State University and the National Institute of Justice fora Project Safe Neighborhoods grant for one Firearms Examiner and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney and Kinnison were absent. 12.b. ORDINANCE NO. 027068 Ordinance appropriating $25,039 from Sam Houston State University and the National Institute of Justice fora Project Safe Neighborhoods grant in the No. 1061 Police Grants Fund and authorizing the transfer of $18,587 from the No. 1020 Cash Contribution to Grants in the No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye'; Chesney and Kinnison were absent. 13.a. RESOLUTION NO. 027069 Resolution authorizing the City Manager or his designee to accept a grant from Markwest Javelina Company in the amount of $4,000 for industrial fire training in the General Fund Fire Department. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney and Kinnison were absent. 13.b. ORDINANCE NO. 027070 Ordinance appropriating $4,000 in Training Revenues received from Markwest Javelina Company into the General Fund Fire Department for Industrial Fire Training; amending the FY 2006 -2007 Operating Budget adopted in Ordinance No. 026908 by increasing estimated revenues and appropriations by $4,000 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. 14.a. MOTION NO. 2006 -391 Motion approving the Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement submitted by Oso Bend Development Co., owner and developer of River Bend Ranch Unit 1 Subdivision for the installation of a Master Plan Lift Station No. 14 with 12 -foot diameter wet well, 8,610- linear feet of 12 -inch PVC force main and related appurtenances. Minutes — Regular Council Meeting December 12, 2006 — Page 5 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. 14.b. ORDINANCE NO. 027071 Ordinance appropriating $1,626,275.38 from the Sanitary Sewer Trunk System Trust Fund No. 250410 -4220 to pay Oso Bend Development Co. for the construction and installation of a Master Plan Lift Station with 12 -foot diameter wet well, 8,610- linear feet of 12 -inch PVC force main, and related appurtenances within the SPA 30 Service Area, located south of Yorktown Boulevard and east of Rodd Field Road. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney and Kinnison were absent. 15.a. MOTION NO. 2006 -392 Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Dr. Pedro Torres, owner and developer of St. Germaine Subdivision, Block 1, Lot 1 located west of Flour Bluff Drive and south of Glenoak Drive for the installation of 3,480 - linear feet of 12 -inch PVC water grid main. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney and Kinnison were absent. 15.b. ORDINANCE NO. 027072 Ordinance appropriating $210,656.93 from the Arterial Transmission and Grid Main Trust Fund No. 209010 -4030 to pay Dr. Pedro Torres' reimbursement request for the installation of 3,480 - linear feet of 12 -inch PVC grid main to develop St. Germaine Subdivision, Block 1, Lot 1. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney and Kinnison were absent. 16.a. MOTION NO. 2006 -393 Motion approving the Sanitary Sewer Construction and Reimbursement Agreement submitted by Richard Guerra - Prats, owner and developer of Padre Island, Block 30, Lots 4A, 5A, 6A, 7A and 8A, located northeast of South Padre Island Drive (Park Road 22) and Verdemar Drive for the installation of 652 linear feet of an 8 -inch PVC offsite sanitary sewer collection line. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye'; Chesney and Kinnison were absent. 16.b. ORDINANCE NO. 027073 Ordinance appropriating $11,233.64 from the Sanitary Sewer Collection Line Trust Fund No. 2504204220 to pay Richard Guerra - Prats, for the installation of 652 linear feet of an 8 -inch PVC offsite sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop Padre Island, Block 30, Minutes — Regular Council Meeting December 12, 2006 — Page 6 Lots 4A, 5A, 6A, 7A and 8A. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney and Kinnison were absent. 17. MOTION NO. 2006 -394 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $422,000.50 with S. J. Louis Construction, of San Antonio, Texas for the O. N. Stevens Water Treatment Plant High Service Pump Building No. 1 Master Meter Replacement Project. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney and Kinnison were absent. 18. MOTION NO. 2006 -395 Motion authorizing the City Manager or his designee to execute an Engineering Design Contract with Freese and Nichols, of Austin, Texas in the amount of $52,900 for the O. N. Stevens Water Treatment Plant Clearwell No. 2 Repairs. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney and Kinnison were absent. 19. MOTION NO. 2006 -396 Motion authorizing the City Manager or his designee to execute Change Order No. 4 to the Storm Sewer Extensions - Group "B" Projects contract with SLC Construction, LP, of Conroe, Texas in the amount of $273,254 for the replacement of the effluent line on Greenwood Drive. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. 20. MOTION NO. 2006 -397 Motion authorizing the City Manager or his designee to execute Ratification of Amendment No. 3 to the Contract for Professional Services with Martinez, Guy & Maybik, of Corpus Christi, Texas in the amount of $54,575 for a total restated fee of $344,196 for the Water Main Improvements Project for the work at the following seven (7) sites: 1. Alameda Street from Leopard Street to Antelope Street 2. Carancahua Street from Leopard Street to Lipan Street 3. Artesian Street from Leopard Street to Buffalo Street 4. Tancahua Street from Leopard Street to Buffalo Street 5. Staples Street from Leopard Street to Mestina Street 6. Carancahua Street from Lipan Street to Blucher Street 7. Tancahua Street from Belden Street to Power Street The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. Minutes — Regular Council Meeting December 12, 2006 — Page 7 21. MOTION NO. 2006 -398 Motion authorizing the City Manager or his designee to execute Change Order No. 20 for the construction of drainage erosion control improvements and a generator in the amount of $94,948.72 with Longhorn Excavation, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Site Development Project. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. 22.a. ORDINANCE NO. 027074 Ordinance appropriating $75,000 from the Unreserved Fund Balance in the Airport Operating Fund 4610 for professional services for a benefit cost analysis to assess the feasibility of a possible extension of Runway 13/31 at Corpus Christi International Airport. Funds will be reimbursed upon award of Federal Aviation Administration Grant 38; amending FY 2006 -2007 Operating Budget adopted by Ordinance No. 026908 to increase appropriations by $75,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, and Scott, voting "Aye"; Chesney and Kinnison were absent; Noyola abstained. 22.b. MOTION NO. 2006 -399 Motion authorizing the City Manager or his designee to execute Amendment No. 7 to the Architectural /Engineering Services Contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc., of Dallas, Texas in an amount not to exceed $75,000 for a Benefit/Cost Analysis to Assess the Feasibility of a Possible Extension of Runway 13/31. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, and Scott, voting "Aye "; Chesney and Kinnison were absent; Noyola abstained. 23. MOTION NO. 2006 -400 Motion authorizing the City Manager or his designee to execute Change Order No. 3 to a construction contract with CCC Group, Inc., of San Antonio, Texas in the amount of $34,315 for the Corpus Christi Marina Development Project Phase III (Floating Docks E, F, G and H) for the installation of sanitary sewer pump -out station on Docks G & H. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. 24. ORDINANCE NO. 027075 Authorizing the City Manager or his designee to execute a fourteen -year six -month Marina Space Rental Contract with Yachting Center of Corpus Christi, LLC for the use of Slip Spaces No. 54 - 65 of Peoples Street T -Head, for operation of Yachting Center, Sailing School, Charter Boats and related activities, and including construction of utility and boat slip 'improvements; for monthly slip fee rental payments of $6.85 per linear foot of dock space, subject to annual rate changes; providing for publication. Minutes — Regular Council Meeting December 12, 2006 — Page 8 The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye" Chesney and Kinnison were absent. 25.a. MOTION NO. 2006 -401 Motion to amend prior to second reading the ordinance amending Ordinance No. 027017 calling the April 2007 General Election to call the continuation election for the Crime Control and Prevention District and sales tax and to provide for extended early voting hours. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney and Kinnison were absent. 25.b. ORDINANCE NO. 027076 Amending Ordinance No. 027017 ordering a general election to be held on April 14, 2007, in the City of Corpus Christi for the election of Mayor and eight Council Members to include an election for the continuation of the Crime Control and Prevention District and sales tax for 10 years. The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. 26. ORDINANCE NO. 027077 Authorizing the City Manager or his designee to execute a twenty (20) year lease agreement with Chet Rasberry, in consideration of lessee's making improvements to the leased structures of a minimum value of $50,000 and an annual rental fee of $0.17 per square foot, subject to scheduled increases, to operate a helicopter maintenance facility and helicopter charter operations on 91,250 square feet of land and improvements located at Corpus Christi International Airport; providing for publication. The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, and Scott, voting "Aye "; Chesney and Kinnison were absent; Noyola abstained. 27. ORDINANCE NO. 027078 Amending the City's Comprehensive Plan by amending the Master Sanitary Sewer Plan (Master Plan for Sanitary Sewers 1963) by repealing the portions of the master plan covered by Study Areas 5 and 6 and by approving and adopting the Wastewater Collection System Master Plan, Greenwood WWTP Service Area, Study Areas 5 and 6 and Whitecap WWTP Service Area Study Areas 7, 8, 9, 10, 11 and 12. The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. Mayor Garrett opened discussion on Item 6 regarding the Crime Control District Fund for "one- time" expenditures. Mr. Abel Alonzo, 1701 Thames, thanked the Crime Control and Prevention District Board of Directors for their efforts on the board and discussed the upcoming election. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting December 12, 2006 — Page 9 6. ORDINANCE NO. 027064 Motion approving the purchase of thirty-eight (38) police package sedans and two (2) pickup trucks in accordance with Bid Invitation No. BI- 0046 -07 from Access Ford, of Corpus Christi, Texas based on low bid and most advantageous bid for a total amount of $854,994. Funding is available from the FY 2006 -2007 Capital Outlay Budget in the Maintenance Services Fund and the Crime Control and Prevention District fund. All units are replacements. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney, Cooper and Kinnison were absent. Mayor Garrett opened discussion on Item 8 regarding a computer learning center at the Greenwood Senior Center. Mr. Phil Rosenstein spoke in favor of a computer learning center for senior citizens. City Secretary Chapa polled the Council for their votes as follows: RESOLUTION NO. 027065 Resolution authorizing the City Manager or his designee to execute a Memorandum of Understanding with SeniorNet to establish a computer learning center at the Greenwood Senior Center. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney and Kinnison were absent. Mayor Garrett opened discussion on Item 9 regarding the City Charter. Mr. Bill Kopecky, 3609 Topeka, thanked the workers and voters who supported the charter amendment. City Secretary Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 027066 Ordinance renumbering Article X of the Charter to provide for the inclusion of the recently adopted Charter section; providing for an effective date. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney and Kinnison were absent. Mayor Garrett referred to Item 28.a., a public hearing to consider abandoning and vacating a portion of Tropic Heights Unit 2. A motion was made, seconded and passed to open the following public hearing: 28.a. Public Hearing to consider abandoning and vacating a 7,292.92- square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced, dedicated public right -of -way (Linda Lee Drive) out of Block 3, Tropic Heights Unit 2, adjacent to and south of Mediterranean Drive public right -of -way. Minutes — Regular Council Meeting December 12, 2006 — Page 10 There were no comments from the audience. Mr. Garcia made a motion to close the public hearing, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for their votes as follows: 28.b. FIRST READING ORDINANCE Abandoning and vacating a 7,292.92- square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced, dedicated public right -of -way (Linda Lee Drive) out of Block 3, Tropic Heights Unit 2, adjacent to and south of Mediterranean Drive public right -of -way; subject to owner's compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney and Kinnison were absent. Mayor Garrett referred to Item 29.a., a public hearing to consider abandoning and vacating a portion of Padre - Island- Corpus Christi, Section -C. A motion was made, seconded and passed to open the following public hearing: 29.a. Public hearing to consider abandoning and vacating a 1,820.49- square foot portion of an undeveloped and unsurfaced, dedicated public right -of -way (Whitecap Blvd.) out of Padre - Island- Corpus Christi, Section -C; north of the Windward Drive and west of the Leeward Drive public rights -of -way. John Kelly, 3621 Austin, asked for clarification on the location of the closure. Assistant Director of Development Services Mary Frances Teniente provided him with the information. Mr. Garcia made a motion to close the public hearing, seconded by Ms. Cooper, and passed. City Secretary Chapa polled the Council for their votes as follows: 29.b. FIRST READING ORDINANCE Abandoning and vacating a 1,820.49- square foot portion of an undeveloped and unsurfaced, dedicated public right -of -way (Whitecap Blvd.) out of Padre - Island- Corpus Christi, Section -C; north of the Windward Drive and west of the Leeward Drive public rights - of -way; subject to owner's compliance with the specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney and Kinnison were absent. Mayor Garrett referred to Item 30.a., a public hearing regarding the Storm Water Drainage Criteria Technical Guide. A motion was made, seconded and passed to open the following public hearing: 30.a. Public hearing to consider adoption of the Storm Water Drainage Criteria Technical Guide needed to prepare Storm Water Master Plan map sheets for the City of Corpus Christi. There were no comments from the audience. Mr. Garcia made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Minutes — Regular Council Meeting December 12, 2006 — Page 11 Assistant City Manager Ron Massey referred to a powerpoint presentation that included the Master Plan Project background and process. He added that the major components of a master plan are the Drainage Criteria Manual and the Storm Water map sheets. Mr. Massey said staff is recommending the approval of the Drainage Criteria Manual which will provide a community level of protection. He stated that adoption of the criteria allows staff to revise the Storm Water map sheets to identify the level of runoff in a geographical area, the location of the runoff and assist in properly sizing the drainage conveyance system. Mr. Massey provided a graph illustrating the recommended level of protection for the City and comparisons with other cities. In response to questions by Council members, Mr. Massey gave an explanation of the recommended 25 year protection level. He provided the Council with a timeline of future actions regarding the master plan. Council members asked questions regarding the protection of existing development, future development, cost and competitive housing. City Secretary Chapa polled the Council for their votes as follows: 30.b.. FIRST READING ORDINANCE Adopting the shaded portions of the Drainage Criteria Technical Guide for the Corpus Christi Drainage Criteria and Design Manual required to make revisions to the City of Corpus Christi Storm Water Master Plan map sheets; providing a severability clause; providing a repealer clause. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney and Kinnison were absent. Mayor Garrett referred to Item 31, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1106 -01 American Bank: A change of zoning from a "B -2" Bayfront Business District and a "B -2 /SP" Bayfront Business district with Special Permit on Tract 1 and a "B -6" Primary Business Core District on Tract 2 to a "B -2 /PUD -2" Bayfront Business District with Planned Unit Development -2 Overlay on Tract 1 and "B -6 /PUD -2" Primary Business Core District with Planned Unit Development -2 Overlay on Tract 2 in Water Beach Subdivision, Block 8A, located between North Shoreline Boulevard and Water Street and between Twigg and Taylor Streets, commonly known as One Shoreline Plaza. City Secretary Chapa stated that the Planning Commission and staff recommended approval of a change of zoning from a "B -2 /PUD -2" Bayfront Business District with Planned Unit Development -2 Overlay on Tract 1 and "B-6 /PUD -2" Primary Business Core District with Planned Unit Development -2 Overlay on Tract 2, both tracts subject to a site plan, corresponding matrix and three (3) conditions imposed on both tracts and additional conditions for each tract (without any timelimit): No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council fortheirvotes as follows: 31. ORDINANCE NO. 027079 Amending the Zoning Ordinance, upon application by American Bank, by changing the zoning map in reference to Water Beach Subdivision, Block 8A, from "B -2" Bayfront Business District and "B -2 /SP" Bayfront Business District with Special Permit on Tract 1 and Minutes — Regular Council Meeting December 12, 2006 — Page 12 "B -6" Primary Business Core District on Tract 2 to "B -2 /PUD -2" Bayfront Business District with Planned Unit Development -2 on Tract 1 and "B-6 /PUD -2" Primary BusinessCore District with Planned Unit Development -2 on Tract 2; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney and Kinnison were absent. Mayor Garrett referred to Item 32, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1106 -06, Bella Vista Joint Venture (Previously reported as Port A Investments, LP): A change of zoning from an "AT" Apartment Tourist District to an "AT /PUD -2" Apartment Tourist District with a Planned Unit Development -2 Overlay on Lot 12, Bella Vista Subdivision, located east of State Highway 361 and north of La Concha Boulevard on Mustang Island, Texas City Secretary Chapa stated that the Planning Commission and staff recommended approval of a change of zoning from an "AT /PUD -2" Apartment Tourist District with Planned Unit Development -2 Overlay as represented in the attached Site Plan, Layout Area of Building Envelopes, and Cross - sections of the Private Drive. No one appeared in opposition of the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 32. ORDINANCE NO. 027080 Amending the Zoning Ordinance, upon application by Bella Vista Joint Venture (previously reported as Port A Investments, LP), by changing the zoning map in reference to Bella Vista Subdivision, Lot 12 from an "AT" Apartment Tourist District to an "AT /PUD -2" Apartment Tourist District with Planned Unit Development -2 Overlay; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a penalty. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney and Kinnison were absent. * * * * * * * * * ** ** Joel Mumphord with the NAACP spoke in support of the police and fire associations receiving an increase in pay. ** * * * ***** * ** Mayor Garrett referred to Item 34, a presentation regarding the "Port to Port" Feasibility Study Report on the Exclusive Truck Corridor between Corpus Christi and Laredo. Craig Clark with the Texas Department of Transportation, provided an update of a feasibility study to assess the cost of constructing and maintaining an exclusive truck corridor from the Port of Laredo to the Port of Minutes — Regular Council Meeting December 12, 2006 — Page 13 Corpus Christi. He referred to a powerpoint presentation including the project activities; a map indicating conceptual alignment to determine costs; and global trade opportunities throughout the region. Mayor Garrett called for a recess to present proclamations and public comment. He said he would resume discussion on Item 34 after the break. * * * * * * * * * * * * * Mayor Garrett called for petitions from the audience. Susie Luna Saldana, 4710 Hakel; Rudy Pena, 4213 Clinton Drive; Phil Rosenstein; Rowland Andrade, P.O. Box 10629; Jesse Molina, 4314 Leonard; Joan Veith, Corpus Christi Barrios Association; Robert Zamora, 4901 Olympia; Connie Gutierrez, 5314 Navarro; Rene Saenz; Guy Watts, 4237 Ocean Drive; Jack Gordy, President of the Taxpayers Association; Juan Guerra, President of the American Federation of Teachers; Dr. Nick Adame, President of Lulac Council #1; and Abel Alonzo, 1701 Thames, spoke in favor of the police and fire collective bargaining agreements and providing salary increases. Bill Bennett, 3241 Reid, spoke encouraging blood donations. Wayne Hayes spoke regarding garbage issues in Flour Bluff. * * * * * * * * * * * * * Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 42. Executive session under Texas Government Code Section 551.087 to discuss commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay or expand in or near the City of Corpus Christi, with possible discussion and action related thereto in open session. 43. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. 44. Executive session under Texas Government Code Section 551.071 regarding police collective bargaining negotiations, with possible discussion and action related thereto in open session. 45. Executive session under Texas Government Code Section 551.071 and 551.087 regarding proposal from Earthlink to purchase the City of Corpus Christi Citywide Integrated Wi -Fi Network, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Mayor Garrett conveyed to the public the Corpus Christi Firefighters' Association acceptance of the proposal on drug testing and pay offer for 2005 -2006, 2006 -2007 and 2007 -2008. He further directed the City's bargaining team to drop the demand for Physical Fitness article and expressed hope for firefighters to submit for ratification and subsequent consideration for City Council approval. Mayor Garrett advised the public that most of the Corpus Christi Police Officers' Association contract issues have been resolved and directed the City Manager and bargaining team to return to the table to negotiate the remaining issues to conclusion. * * * * * * * * * * * * * Minutes — Regular Council Meeting December 12, 2006 — Page 14 Mayor Garrett resumed the discussion on Item 34 regarding the "Port to Port" Feasibility Study on the Exclusive Truck Corridor. Mr. Clark referred to the powerpoint presentation that included an explanation of relief and connectivity opportunities of an exclusive truck corridor; potential multi -modal components such as utility lines and rail if needed; design concepts and alternatives for lane facility, barriers and pavement design; financing; the benefits of the corridor; and estimated traffic forecasts. He concluded the presentation with an explanation of the development schedule phases. issues. Council members asked questions regarding toll market fees, venues of traffic, and safety The next presentation was Item 35, an overview of Earthlink Franchise, Network Services and Sales Agreements. Ogilvie Gericke, Director of MIS, said Earthlink has indicated an interest in purchasing the City's wireless network. He added that the purchase by Earthlink would financially benefit the City and the community. He provided an overview of the purchase including the fiber network access; community portal; implementation timeline; and benefits. Council member Marez expressed his concern that the agreement include additional locations for free access of the wi -fi network. Council members asked questions regarding e- commerce and commitment by Earthlink to market the City. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 36, consideration of a request to exempt Kitty Hawk Subdivision from Wastewater Acreage /Lot Fees. City Manager Noe stated that the applicant requested to re -table this item to January 16, 2007. A motion was made, seconded and passed to table Item 36 until January 16, 2007 (Chesney, Cooper and Kinnison were absent). 36. TABLED TO JANUARY 16, 2007 Mayor Garrett opened discussion on Item 37 regarding the Wooldridge Road Bridge Replacement. Angel Escobar, Director of Engineering, said the Texas Department of Transportation will fund the construction of the replacement of the bridge and the City will fund the relocation of the existing utilities. There was no public comment. City Secretary Chapa polled the Council for their votes as follows: 37.a. ORDINANCE NO. 027081 Ordinance appropriating $949,788.30 from the Texas Department of Transportation into Storm Water Capital Improvement Program Fund No. 3480 for the Wooldridge Road Bridge Replacement Project; amending the FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $949,788.30. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney, Cooper and Kinnison were absent. Minutes — Regular Council Meeting December 12, 2006 — Page 15 37.b. MOTION NO. 2006 -402 Motion authorizing the City Manager or his designee to execute a construction contract with King Isles, Inc., of Corpus Christi, Texas in the amount of $1,151,028.30 for the Wooldridge Road Bridge Replacement. The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney, Cooper and Kinnison were absent. 37.c. MOTION NO. 2006 -403 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a Professional Services Contract with LNV Engineering, Inc., of Corpus Christi, Texas in the amount of $43,000 for the Wooldridge Road Bridge Replacement for construction observation services. The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney, Cooper and Kinnison were absent. Mayor Garrett opened discussion on Item 38 regarding the Neighborhood Street Reconstruction Project. Angel Escobar, Director of Engineering, presented this item. There was no public comment. City Secretary polled the Council for their votes as follows. 38.a. MOTION NO. 2006 -404 Motion authorizing the City Manager or his designee to execute a construction contract with Haas - Anderson, of Corpus Christi, Texas in the amount of $8,655,194.55 for the Neighborhood Street Reconstruction Project for Clusters 1, 2, 3, 5, and 7 (BOND 2004). The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney, Cooper and Kinnison were absent. 38.b. MOTION NO. 2006 -405 Motion authorizing the City Manager or his designee to execute a Construction Materials Testing Contract to Fugro Consultants, L.P., of Corpus Christi, Texas in the amount of $61,418.75 for the Neighborhood Street Reconstruction Project for Clusters 1, 2, 3, 5, and 7 (BOND 2004). The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney, Cooper and Kinnison were absent. 38.c. MOTION NO. 2006 -406 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a Professional Services Contract with LNV Engineering, Inc., of Corpus Christi, Texas in the_ amount of $218,900, for a total restated fee of $940,250, for the Neighborhood Street Reconstruction Project for Clusters 1, 2, 3, 5, and 7 (BOND 2004). The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney, Cooper and Kinnison were absent. Minutes — Regular Council Meeting December 12, 2006 — Page 16 Mayor Garrett opened discussion on Item 39 regarding AEP Texas Central Company's requested rate changes. Assistant City Manager Oscar Martinez presented this item and said the resolution suspends the effective date of the rate increase for 90 days, authorizes the City to retain counsel, and authorizes the intervention of the City at the Public Utility Commission. He added that prior to the 90 day suspension; counsel will provide a review and recommendation to the City Council. Council members asked staff to stay involved in the process and issued concerns regarding legal counsel. There was no public comment. Secretary Chapa polled the Council for their votes as follows: 39. RESOLUTION NO. 027082 Resolution of the City of Corpus Christi, Texas suspending the effective date of AEP Texas Central Company's requested rate changes to permit the City time to study the request and to establish reasonable rates; approving cooperation with other cities within AEP Texas Central Company's service territory; authorizing intervention in the proceeding at the Public Utility Commission; retaining counsel to represent the City; requiring reimbursement of rate case expenses; requiring notice of this resolution to the company. The foregoing resolution was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney, Cooper and Kinnison were absent. Mayor Garrett opened discussion on Item 40 regarding the City's Legislative Program for the 80th Session on the Legislature. Tom Utter, Special Assistant to the City Manager, provided a background of the upcoming legislative session. He gave an overview of the general policy and procedures of the legislative program and the items classified under the three levels of importance: priority, actively support and endorse. Mr. Utter stated that he anticipates that this session will include major water legislation to be filed which could be detrimental to cities. Bill Kopecky, 3609 Topeka, expresses his concern that the City's legislative program was geared towards enhancing City revenue. City Secretary polled the council for their votes as follows: 40. RESOLUTION NO. 027083 Resolution adopting the City of Corpus Christi's Legislative Program for the 80th Session of the Legislature of the State of Texas The foregoing resolution was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney, Cooper and Kinnison were absent. Mayor Garrett opened discussion on Item 41 regarding governmental relations services relating to general water and environmental issues. Mr. Utter said staff will focus their attention on the protection of water rights at the legislative session. He added that staff is recommending hiring of outside general legislative assistance to protect the City's water resources. Council members asked questions regarding economic development, higher education and the red light issues. Bill Kopecky, 3609 Topeka, spoke regarding the hiring of governmental relations services. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting December 12, 2006 — Page 17 41.a. MOTION NO. 2006 -407 Motion authorizing the City Manager or his designee to execute an agreement between the City of Corpus Christi and Mr. Ron Lewis of Austin, Texas, for governmental relations services relating to general water and environmental issues and other matters as directed by the City Manager. The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Chesney, Cooper and Kinnison were absent. 41.b. MOTION NO. 2006 -408 Motion authorizing the City Manager or his designee to execute an agreement between the City of Corpus Christi and HiIICo Partners for the governmental relations services of Mr. Dan Pearson and Mr: Snapper Carr relating to general water and environmental issues and other matters as directed by the City Manager. The foregoing motion was passed and approved with the following vote: Garrett, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney, Cooper and Kinnison were absent. Mayor Garrett called for the City Manager's report. Assistant City Manager Martinez reported that the Regular Council meeting on January 9th had been cancelled. Mayor Garrett asked staff about the blue light program, the seawall completion date, the elimination of items on the council action reports, and the hiring of a traffic engineer. He directed staff to have Chief Bryan Smith provide a report on the crime rate. Mayor Garrett called for Council concerns and reports. Mr. Scott asked when an update on Lift Station No. 13 would be provided to Council. Assistant City Manager Margie Rose said this item would be at the next Council meeting. Mr. Noyola asked staff for feedback on the opening of Gabe Lozano Golf Course. Sally Gavlik, Director of Park and Recreation, said staff had received a good response from golfers and a grand opening would be scheduled for March. He also asked for a clarification on the executive session regarding the drug policy for firefighters. Mr. Garcia asked staff to provide him with a current copy of the Board of Directors of the Art Museum. Mr. Marez expressed concern regarding a new business located on Ayers Street and asked staff to work with his constituent to assist the owner on a drive -thru issue. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at4:14 p.m. on December 12, 2006. * * * * * * * * * * * * * 2 Requested Council Action: 12/19/06 Alternate Date: 01/09/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Ennis Paint Inc., Ennis, Texas for approximately 6,875 gallons of pavement marking paint in accordance with Bid Invitation No. BI- 0077 -07 based on low bid for an estimated semi - annual expenditure of $57,365. The term of the supply agreement will be for six months with an option to extend for up to five additional six -month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Street Services for FY 06/07. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: The pavement marking paint will be used by Street Services to mark city streets. Bid Invitations Issued: 10 Bid Invitations Received: 2 Basis of Award: Low Bid Funding: Street Services 1020 - 12320 - 520130 Michael Barrera Procurement and General Services Manager $57,365 11/30/06 BID INVITATION NO. BI- 0077 -07 PAVEMENT MARKING PAINT BUYER: MARIA GARZA Item CITY OP CORPUS CHRISTI PURCHASING DIVISION BID TABULATION Description Qty Unit Ennis Paint, Inc. Ennis, Texas Unit Total Price Price Alistates Coatings, Co. Gladewater, Texas Unit TOTAL Price PRICE 1 Yellow Paint in 55 Gal. 4,125 GAL. Lined Containers 2 White Paint in 55 Gal. 2,750 GAL. Lined containers GRAND TOTAL $8.40 534.650.00 8.26 22.715.00 $57.365.00 $8.83 $36,423.75 8.83 24,282.50 $60,706.25 3 Requested Council Action: 12/12/06 Alternate Date: 12/19/06 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of one heavy truck in accordance with Bid Invitation No. BI- 0023 -07 from Grande Truck Center, San Antonio, Texas based on only bid for a total amount of $56,718.00. This is a replacement unit. Funds are available in the Street Operations Budget. *************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The flatbed truck will be used by the Street Department in day -to-day operations to haul asphalt for patch work throughout the City. The replaced unit will be disposed of through standard disposal of surplus property procedures, including live auctions and /or electronic auctions. Bid Invitations Issued: Fifteen Bids Received: One Price Analysis: The City last purchased a similar item in 1999 and pricing has increased 37 %. Basis of Award: Only Bid Funding: Local dealers contacted indicated they were unable to secure pricing from their respective manufacturers. Street Department $56,718.00 550020- 1020 -12430 Capital Outlay No. 12 Michael Barrera Procurement & Ge eral Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISIONS BUYER: MARIA GARZA ITEM BID TABULATION BID INVITATION NO. BI- 0023 -07 HEAVY TRUCKS DESCRIPTION QTY. UNIT GRANDE TRUCK CENTER SAN ANTONIO, TX Unit Extended Price Price 1. Series (HT-4) 33,000Ibs. GVWR, Standard Cab and 1 Each Chassis, 84 inch cab -to -axle, with a Dutec Asphalt Body Model # 701 in accordance with Specifications No. 1009, 1013, and Dutec Drawings 0701. Color — White. $58,718.00 4 Requested Council Action: 12/19/06 Alternate Council Date: 1/16/07 AGENDA MEMORANDUM RECOMMENDATION: Motion approving service agreements with the following companies for the following amounts for improved ROW strip mowing, based on best value in accordance with Bid InvitationNo. BI- 0145 -06 for an estimated semi annual expenditure of $166,101.26. The term of the agreements shall be for six months with options to extend for up to five additional six month periods, subject to the approval of the contractors and the City Manager or his designee. Funds have been budgeted by Storm Water for FY06 -07. Sierra Services Corpus Christi, TX Group: 1 $30,835.64 A & D Contracting Corpus Christi, TX Group: 5A $34,601.26 O.J.'s Lawn Services Corpus Christi, TX Groups: 2 -3 $28,509.80 J.Z. Lawn Service Inc. Corpus Christi, TX Group: 5B $17,107.20 TOTAL AWARD: $166,101.26 Aspen Lawn Services Corpus Christi, TX Group: 4 $34,767.36 Ramon Dorame Corpus Christi, TX Group: 6 $20,280 ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: Previous Contract: Bid Invitations Issued: Bids Received: These contracts establish a regularly scheduled mowing cycle for right -of -ways (ROW) located throughout the City. The work consists of 6 groups of ROW's totaling 148.83 acres. Groups one through five will be mowed 11 times during the six month period. Group six, Ocean Drive, will be mowed once every week. In May 2003, all groups were awarded to three separate contractors under a low bid evaluation. Within the first six months of the contracts, two of the three contractors abandoned their obligations and left the City in a precarious position. Since that time, staff has been contracting this service on the open market on an as needed basis and has been utilizing the services of six to seven contractors. This combination has proven to be beneficial to the performance of the work as it provides for adequate backup in the event of default or delay. Eighty -Nine Award Basis: Best Value Funding: The evaluation team, comprised of team members from Storm Water and Purchasing, developed a matrix of the evaluation criteria. The evaluation criteria components set forth in the proposal included: (1) Resources 30 %, (2) Past Performance 5 %, (3) References 15 %, (4) Bidders Profile and Qualifications 25 %, and (5) Pricing 25 %. The evaluation team reviewed each bid proposal response and completed the evaluation matrix. The resulting matrix prioritized each contractor based on the point value assigned for each criterion component in the evaluation matrix. Contractor rankings based on this scoring method are shown in the attached evaluation matrix. Storm Water 530000 - 4010 -32010 Michael Barrera Procurement and General Services Manager $166,101.26 0 re F- co = O N _NQ CO 7 0 O Q x Z E 0 U LL or ce w 000 TOTALS PI CO aii N co en co w II a 1:11-: co 01 CO a. 7 re 0 Ocean Drive 6.5 ac 6 mO 03 00 � r 0O L 0 6, N r 1O N 0 69 N 0NO Z 10 0 0) 4 ' 1O O O f O 6 r 6 r V N O 69 133 Z CO Z GROUP 58 Southside 19.2 ac co O M •01' W (9 O rb OOi N Q NM Q W O a W W Vf N W N N A O ICI r W O �^ NM IO Q r to Qj o 05 NN O co 0 t0+) CO �a fR Z Z O u) N co CA 63 GROUP 5A Southside 31.87 ac r ID N N O Co (0 H an O O QM W Q 0 M r co m 4 N N p M b 0 N W O� 6 p f9 0 r.... 0 O TA m Z m Z CO Z a a o O Ce 0 Southside /Flour Bluff 35.88 ac co CO _O O m co fp to d) 0 LORI rM Dui QM Cpl A c9IA O'a 00)) 6R (O W m a) cc Z co 4) r Q ON W Q 0 O Q NQ aD m d) 0 CO 00 t` O m Q CW') 4) CO Z CO `z GROUP 3 I South Central 16.582 ac q� W 10 H9 NCO N ]411° (W0 W d; CCO W� m W co N Z 4) O Q� W N 69 10 W� O Nr 69 m � V )O WI< O N 63 CO Z GROUP 2 Westside 9.336 ac cr (0 N� W 04 f9 10° Nlfr) b CO In (00 m W W� N- N- W N NOWT O Of �j W W t0 df !9 0) QO Ni IO W 03 0 Or 0) f0 O N 4) v N 07 Q V 0) 4> m Z 0] Z GROUPI I Westside 30.47 ac p W CO re 34] Ln N 69 W r C'1 0 4) n O z 00 N Z H 0 O N m m 4) O 0 LO CD O fa 0 CO r NC W tf, m Z m Z 2 N 0 0 N a 2 O N 4 O 9 0 N O N y 0 U CO O. O N 2 N O U O U N 2 N 2 O U O U O U O O N 2 N d )UU d N O. 0 N U z la Z U f >r Zr W H f 1— Si r O F- r i Z_ W �F WV- ~F V F WF F �F F co F- V y co co fn Vaa co �tlJ f N LLlN ZO 1- En LL 041 �2 y�X W K gC UK U K 1- K Og E re x 3x I-x mx x zz= x v, x x � O 0 Z O 0 O V Q U a 0 U J U ~ 5 w ¢N ON fn N Z co §U 0 0U -'Z U z z0 0> > _, 5Wr 0Z7 ca 7 ¢� •re ar °r gre fa� re zcc <0- X31 '�2CC fn 5 O 0 ¢ 0 ¢ 0 n O K 0 Q 2 00 0 0 0 2 0 ' 0 0 0 GRAND TOTAL: 5 Requested Council Action: 12/19/06 Alternate Council Date: 01/09/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Nardis Public Safety, San Antonio, Texas for Police Uniforms, in accordance with Bid Invitation No. BI- 0181 -06, based on low bid meeting specifications for an estimated annual expenditure of $60,214.25. The term of the contract will be for twelve months with an option to extend the contract for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Police Department in FY06 -07. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: Previous Contract: Bid Invitations Issued: Bids Received: Basis of Award: Funding: The supply agreement covers the trousers and shirts worn by the Police Officers. The contractor will be required to measure police officers and perform custom fittings which include, but are not limited to, shirt tapers, waist tapers, crotch tapers, as well as any alterations required to ensure a proper and professional fit. The option to extend the current contract was not exercised, due to revisions made to the specification by the department. 17 4 Low Bid Meeting Specifications The bid invitation indicated a single award would be made for the entire contract. The Police Department has tested a variety of types and styles of uniforms over this past year. Several uniforms manufactured by different companies were tested for comfort, wear and fit. The Blauer pants and Fechheimer shirt have been selected as the uniform of choice. Products bid by Sterling Uniforms, Tyler Uniforms and Galls Inc. do not meet the quality level specified by the Department. Police Department 520040- 1020 -11700 520040- 1020 -11720 520040- 1020 -11730 520040- 1020 -11740 520040 -1020 -11800 520040 -1020 -11810 520040 -1020 -11830 Michael Barrera, Procurement and General Services Manager Total $10,000.00 10,000.00 10,000.00 20,941.75 2,000.00 3,636.25 3,636.25 $60,214.25 0 0 F- Z co 0 - Z 2 Q 0 = > J D p W 0 2 0) W N O=± 5 am❑ Nardis Public Safety San Antonio, Texas Extended Price 0 O LLO n 0) 09 o 0. C N o O M V r o 0 n in r N r N rn v 0 )n 00)) N N 0) v Unit Price Galls Incorporated Lexington, Kentucky Extended Price O )°n c0 O LL 69 0 CO 0 r co 0) Y) 00 N V 0) O r 0) 00 iinn m r O C') Unit Price 1Tyler Uniforms, Inc. Tyler, Texas 0 0 c ti wa` O O 0 W co Co � O O 0 O r o 0 ID O O 0 O) m O 0) O O 0 m 0 th 0) Unit Price Stering's Uniforms San Antonio, Texas In a y C 0 V a W O O o ° r CO 0 05 (VV o O 0 CV 10 0 m N O O 0 C cei 0 0 N O O 0 m r 0 d N Unit Price Unit w a U a 0 w 0 0 V 0 N N in 0 ID Item Description 1 Trousers, Police Personnel Male Blauer Class Act 8560 2 Trousers, Police Personnel Female Blauer Class Act 8560 3 Shirts, Police Personnel Male Flying Cross, 95R6625 4 Shirts, Police Personnel Female Flying Cross, 152R6625 C4 N v > c o T N N co Ewa m r c L W 0 N m N h co co p LL c y W O A > N c .> O > to Cr CD -0 (0 co 0 m - t ~E CD c E m v° cu `0) N 3 C 0 C m U E (7 d o c co O a) hL „ E r 'C 0 2 d 6. C 0) d c E £ E C c U N E. C m E p d '0 via 3 S'n 60 2 dE rnE 5 ON N .= 0 U N E 03 F W C C > C o (0 y N c >, CO .0 m N n 0. .5 _y 0 f �T9 N 6 Requested Council Action 12/19/06 Alternate Date 01/09/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of twenty -eight (28) police radar units from Kustom Signals, Inc., Lenexa, Kansas for a total amount of $69,378. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). The radar units will be used by the Police Department. Funds are available through the Justice Assistance Grant, the Weed & Seed Police Grant and the Police Department Operation Budget. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The police radar units will be used for the enforcement of speed limits. Award Basis: Funding: The purchase is made through the cooperative purchasing agreement with Houston - Galveston Area Council of Government (HGAC). HGAC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Police Department 520090- 1020 -11740 $26,315.00 520090- 1061 - 00000- 820806 38,890.00 oDbI`' 520090- 1067 - 00000 - 805542 4,173.00 Total: $69,378.00 l 1 4 l\ ' Michael : arrera, Procurement & General Services Manager 1- z 9 L r) 0 — 0 W Z z Z U Ow 1W —O >0 Zw o EC [0 (I) 0 O H z 2 z 0 — ¢ �g co > J n co Ce (7mo O 7)0-- O cc I- 5 d 0 ❑ U Z J U Z (0Q vJ 0 QW (0z YLLI w 0 a 0 w 0 a 1- z 0 0 0 0 N 0 0 0 0 0 N r o o 0 0 0 0 ro ao o r M 10 tei tO10 H z 2 2 = ww w co co DESCRIPTION Golden Eagle radar unit with Dual KA DCM Antenna ProLaser III radar unit with Battery and Charger 2 1 r N aS a 0 a) m 1 cc c6 2 1- d U `y • e 0c 0 0 0 CO m am El v, - m c o v H0 CO Award Total 7 Requested Council Action: 12/19/06 AGENDA MEMORANDUM (A) RESOLUTION : AUTHORIZING THE PROCUREMENT AND GENERAL SERVICES MANAGER AND /OR HIS DESIGNEE TO PARTICIPATE IN AN INTERLOCAL PURCHASING AGREEMENT WITH THE CITY OF EL PASO WHEN IN THE BEST INTERESTS OF THE CITY. (B) RECOMMEDATION: Motion approving the purchase of one (1) graffiti removal truck from Casa Ford, Inc. El Paso, Texas in accordance with the City of El Paso's Solicitation No. 2007 -038 for the total amount of $77,322.14. The truck will be used by the Police Department Funding is available in the Crime Control District Fund. ************************************************ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: This truck is configured with an air compressor, hydro- blaster, water tanks and media blaster that are used in combination with each other to clean and remove graffiti that has been "tagged" on public and private property. Previous Council Action December 12, 2006 - Ordinance appropriating $245,000 from the unreserved fund balance in No. 9010 Crime Control District Fund for "one- time" expenditures in the FY 2006 -2007 operating budget, and amending the FY 2006 -2007 operating budget adopted by ordinance 026908 by increasing appropriations by $245,000 and declaring an emergency. Award Basis: Funding: The truck is purchased through the interlocal agreement with the City of El Paso. The City of El Paso has several of these trucks in service and has recently bid out a new truck under Solicitation No 2007 -038. The City of El Paso is recommending the award be made to Casa Ford Inc., El Paso, Texas. Police Department Crime Control District 550040-9010-11717 Mic`: -1 Barrera Procurement & eneral Services Manager $77,322.14 A RESOLUTION AUTHORIZING THE PROCUREMENT AND GENERAL SERVICES MANAGER, OR HIS DESIGNEE, TO PARTICIPATE IN AN INTERLOCAL PURCHASING AGREEMENT WITH THE CITY OF EL PASO WHEN IN THE BEST INTEREST OF THE CITY OF CORPUS CHRISTI. WHEREAS, The City of Corpus Christi, a political subdivision of Texas, pursuant to authority granted under Chapter 791 of the Texas Government Code, desires to participate in an interlocal purchasing agreement with the City of El Paso, on a voluntary basis when in the best interest of the City of Corpus Christi and when beneficial to the taxpayers through anticipated savings and efficiencies to be realized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Procurement and General Services Manager, or his designee, is authorized and directed to sign and deliver all necessary requests and other documents, including a participation agreement, in connection with . an interlocal purchasing agreement with the City of El Paso when in the best interest of the City of Corpus Christi. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett Assistant Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: December 14, 2006. ILsueit Wendy E. 0: den 1, Assistant City Attorney For City Attorney Corpus Christi, Texas of , 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott Z 0 J r M0 0 0 a J W LL 0 H BID ITEM: GRAFFITI REMOVAL TRUCKS BID # 2007 -038 BID DATE: NOVEMBER 8, 2006 DEPARTMENT: STREET RUSH TRUCK CENTER GM EL PASO, TX TOTAL PRICE (UNIT PRICE X QTY.) o o ca N n n w GMC TW5R042 W5500 H.D. AMOUNT o o a n N n ea l9 U K a 1- z O M co � m w CASA FORD INC. EL PASO, TX TOTAL PRICE (UNIT PRICE X QTY.) co 3 co 3 M FORD 2007 F550 REY CAB AMOUNT. $3,227.00/EA UNIT PRICE v 04 N th ta ta BORDER INTERNATIONAL TRUCKS EL PASO, TX TOTAL PRICE (UNIT PRICE X QTY.) O N co r T e r Z O 5 Q " ADD: $9,626.00 ^ PLEASE NOTE: 4X4 OPTION MUST BE ORDERED BY DECEMBER 15, 2006, AFTER JANUARY 1, 2007 PRICE INCREASES TO $11,626.00 FOR 4X4 ADD ON UNIT PRICE O rt 3 DESCRIPTION OF ITEM GRAFFITI REMOVAL TRUCKS, AS SPECIFIED MANUFACTURER/MODEL NUMBER ISUlkiECT`7' lit AVAILASIHY &AtimD DESCRIPTION OF ITEM - FOUR WHEEL DRIVE F a N W 2 aO w 0 APPROVED 811: 2007-038 GRAFFITI REMOVAL TRUCKS - STREET DEPARTMENT 0 i- < 0 BID ITEM: GRAFFITI REMOVAL TRUCKS BID # 2007 -038 BID DATE: NOVEMBER8, 2006 DEPARTMENT: STREET RUSH TRUCK CENTER GMC EL PASO, TX Z=Z Rnn >-W r r r NET -30 DAYS 90 CONSECUTIVE CALENDAR DAYS BIDS SOLICITED: 33 BIDS RECEIVED: 3 LOCAL BIDS: 18 NO BIDS: 0 CASA FORD INC. EL PASO, TX nn z z = x N N N Ill Lll Y } } — 5 g w -. m s 1 i '. , oh w -- mE. 2 LA 8i8 F m 0 g w a P z W. NET - 30 DAYS 120 CONSECUTIVE CALENDAR DAYS BORDER INTERNATIONAL TRUCKS EL PASO, TX nn 2 Z z nnn 03 CO 03 - NET - 30 DAYS 120 CONSECUTIVE CALENDAR DAYS IF BIDDER DOES NOT SPECIFY AN EARLIER DELIVERY, THE CITY'S REQUIRED DELIVERY SHAL A DELIVERY DATE LATER THAN THE CITY'S REQUIRED DELIVERY MAY BE CAUSE FOR THE RE. THE CITY AT ITS SOLE DISCRETION, MAY EXERCISE ANY OPTION TO PURCHASE AN ADDITIONAL QUANTITY OF ITEMS, BY GIVING THE CONTRACTOR WRITTEN NOTICE WITHIN THE TIME PERIOD NOTED ON THE SELECTED OPTIONS. BIDDER OFFERS THE CITY THE OPTION OF PURCHASING UP TO 100% OF THE ORIGINAL CONTRACT QUANTITIES, AT THE SAME UNIT PRICE, IF THE OPTION 15 EXERCISED WITHIN: A. NINETY [90] DAYS FROM DATE OF AWARD OF THE CONTRACT. B. ONE HUNDRED EIGHTY [180] DAYS FROM DATE OF AWARD OF THE CONTRACT. C. THREE HUNDRED SIXTY -FIVE [365] DAYS FROM DATE OF AWARD OF THE CONTRACT. 0. NO OPTION OFFERED. PAYMENT TERMS: !BIDDER'S PROMISED DELIVERY: APPROVED BY: 2007 -038 GRAFFITI REMOVAL TRUCKS - STREET DEPARTMENT N 0 w 0 8 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of police training equipment from TACnologies LTD, Kerrville Texas for the total amount of' $30,325. The award is based on a sole source. The equipment will be used by the Police Department for simulating live tactical maneuvers. Funding is available in the Law Enforcement Trust Fund. Purpose: Basis of Award: This equipment, sold under the trademark Simunition, consists of cartridges, firearms, masks and other protective clothing. Simunition firearms and ammunition allow for realistic "force -on- force" training in which Officers are required to assess potential threats and engage in deadly force decision - making under the stress of real -world conditions. Simunition firearms operate identical to existing police firearms, with ammunition consisting of low velocity paint pellets that provide immediate identification of target hits and misses. Officers armed with Simunition equipment are trained in scenarios that involve "suspects" who are also armed with Simunition equipment. This creates real -world conditions that more accurately simulate the situations that officers are likely to face on the street. Sole Source The Police Department has identified this system as the optimal training package that will assist their officers in simulating real world field conditions. The manufacturer has trademarked this system under the product trade name Simunition. No other manufacturer makes this product. TACnologies, LTD, is the sole source distributor of Simunition products in Texas. This procurement is exempt from the competitive bidding statutes as defined in the Local Government Code, Chapter 252, Section 252.022 (a)(7)(A) as a procurement of items that are available from only one source because of patents, copyrights, secret processes or natural monopolies. Fund g: Police Grant 1 I, I ... P Michae : arrera 1061- 00000 - 520090- 821001 $30,325 Procurement & General Services Manager City of Corpus Christi Price Sheet Buyer : Michael Barrera Description Police Training Equipment 12/19/2006 TACnologies Ltd Kerrville, Texas Simunitaion training equipment including cartridges, shotgun conversion kits, pistol conversion kits, protective masks, throat collars and protective sleeves $30,325 9 Requested Council Action: 12/12/06 Alternate Council Date: 12/19/06 AGENDA MEMORANDUM RECOMMENDATION: Motion approving the lease purchase of (1) Pierce engine pumper from Siddons Fire Apparatus, Inc., Houston, Texas for the total amount of $350,000. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). This pumper will be used by the Fire Department. Funds for the lease purchase of the engine pumper will be provided through the city's lease/purchase financing program. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: The engine pumper will replace an existing unit within the Fire Department to maintain the service with in the community. Award Basis: The engine pumper will be purchased through the Houston Galveston Area Council (H -GAC). H -GAC conforms to the requirements ofTexas statutes that are applicable to competitive bids (IFBs) and competitive proposals (RFPs). Siddons Fire Apparatus, Inc. will be the delivering dealer on this equipment. Funding: Stations Lease Purchase 1020 - 12010 - 530190 FY 06/07 $12,891.56 Financing for the equipment will be provided by the City's lease purchase financing contractor. The estimated interest rate is 4.00 %. The actual interest rate will be determined at the time of delivery of the equipment. The total cost for the equipment, including the principle of $350,000 and interest of$36,746.96 is $386,746.96. Funding for subsequent fiscal years will be requested during the normal budget process. Michael Barrera, Procurement and General Services Manager CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BI- 0085 -07 BUYER: GINA SANCHEZ ENGINE PUMPER ITEM DESCRIPTION QTY. UNIT SIDDONS FIRE APPARATUS INC. HOUSTON, TX Unit Extended Price Price 1. Pierce Custom Contender 1 unit Engine Pumper Total $350,000.00 $350,000.00 $350,000.00 10 Requested Council Action: 12/19/06 Alternate Date: 01/09/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a contract with Allison Flooring America, Corpus Christi, Texas for the installation of new carpet and vinyl tile at the Greenwood Branch Library, in the amount of $33,727.82. The award is in accordance with the State's Cooperative Purchasing Program. Funds are available from the CDBG Grant Fund. ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The carpet and tile at the Greenwood Branch Library was installed in May 1991 as part of the renovation of the building. Award Basis: Funding: This project will include the removal and disposal of the existing flooring and supply and installation of new carpet, vinyl tile and cove base. The flooring is made available under the Texas Building and Procurement Commission (TBPC) Term Contract number TXMAS- 3- 721A050 -17. CDBG Funds 550010- 1059- 00000- 850612 Michae B: era Procurement & General Services Manager $33,727.82 0 k §z 0 ET) § g qk w 0010 §0 w *ig» 50_0_0 \/ <w oe z/ Q0 0 2§b \re} <0/ DESCRIPTION q \CO � / _ GRAND TOTAL: 11 Requested Council Action 12/19/06 Alternate Date 01/09/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of three (3) computer servers from Dell Marketing LP, Round Rock, Texas in accordance with the Cooperative Purchasing Agreement with the State of Texas in the amount of $28,452.00. Funds are available in the Solid Waste Operating Fund. ****************************************************** * * * ** * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: The servers will be installed at Cefe Valenzuela Landfill, J.C. Elliott Landfill and City Hall. The servers are necessary to set up the local area network, data communications, revenue software, scale software and security systems. Basis of Award: Cooperative Purchasing Agreement with the State of Texas - CISV- Catalog Information Systems Vendor Funding: d IcC ; , ael Barrera P urem ent & General Services Manager Solid Waste Operating Fund 550050- 1020 - 12506 Total $28,452 $28,452 d x J a) O H c N N N U as o L M c hi IX o O) -▪ o o O — 'C ! N O 4_m 0 C H o v Z 013 U m cn > 2 ecU• Q Z m U 0 (9 It = ct w D 0 o - O o 0 0 Ni (NI LO '0 ✓ v_ O co CV C44 H Z m m DESCRIPTION c c m J c0 m C N 0) f0 0) 0) U 1- 0 m 0) � cn U d� m _ a E v U c a)= o L W U �U W .- 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 12, 2006 SUBJECT: Police Department Chilled Water Plant Upgrade 2006 — Project No. 5190 AGENDA ITEM: a. Motion authorizing the City Manager, or his designee, to execute a lease purchase agreement with Bank of America in the amount of $569,500.00 for the Police Department Chilled Water Plant Upgrade 2006 project. b. Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $569,500.00 with Weathertrol, Inc. of Corpus Christi, Texas for the Police Department Chilled Water Plant Upgrade 2006 project. ISSUE: The current chillers are legacy gas absorption chillers that failed in May 2006 and must be replaced. FUNDING: Funding for this project is available from the lease purchase proceeds. CONCLUSION AND RECOMMENDATION: Approval of the motion is recommended as presented. £-1-' is /i3 /'e *gel R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit "A" Background Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map H:\HOMEIKEVI NS\GEN\POLICE15190C hillerEval2005- 2006V\wdMemo.DOC BACKGROUND INFORMATION SUBJECT: Police Department Chilled Water Plant Upgrade 2006 — Project No. 5190 PROJECT: The project will result in the installation of two new electrical centrifugal water chillers, a new digital control system, cooling tower, pumps, ventilation systems and modification of the electrical system. The project will provide temporary chillers to permit continued occupancy of the building during construction. The project will include demolition of the existing inoperative gas absorption chillers and electric water chillers. ADDITIONAL INFORMATION: The existing chilled water equipment consists of two (2) eighty (80) ton natural gas -fired absorption water chillers. The chillers are manufactured by Yazaki and have a coiled tubing design that is failing. It is not cost effective to re -tube the chillers which are suffering from increasingly frequent failures. The units failed three times during 2005. One unit stopped operating and could not be restarted. The second unit was operating at only partial capacity due to leaks. Attempts to effect repairs were unsuccessful. The building is presently connected to a 150 ton leased chiller. BIDS: The bids were structured with a Total Base Bid for centrifugal chillers, a Total Alternate Bid Item 1 for rotary screw chillers, and Total Alternate Base Bid Item 2 for a direct digital control system. Bids from six bidders were publicly opened Wednesday, November 28, 2006. The bid by Pro -Tech Mechanical of Corpus Christi was determined to be non - responsive and disqualified due to an insufficient bid security. Their cashier's check was insufficient to meet the minimum bid security for the amount of their bid. The apparent low bid by Weathertrol of Corpus Christ was determined to be irregular due to a failure to acknowledge Addenda No. 3 which lowered a temperature set point from 86° to 80° and disallowing the use of PVC piping. Failure to waive the irregularity would affect the priority of award. Base bids ranged between $644,500.00 and $914,515.00. Bids for the total alternate bid using a screw water chilling unit in lieu of the centrifugal water chiller ranged from $495,000.00 to $899,515.00. Total Alternate Bid No. 2 provides for a new digital control system. Bids for the control system ranged between $ -0- to $56,100.00. The total recommended low bid (Base Bid, Alternate Bid Item No. 1, and Alternate Bid Item No. 2) was submitted by Weathertrol, Inc. in the amount of $569,500.00. RECOMMENDATION: It is recommended Council waive the irregularity and award the motions as presented. If Council elects not to waive the irregularity, Malek, Inc. of Corpus Christi would become the apparent low bidder with a bid of $651,700.00. Consultant and Engineering Services H:\HOME\KEV INS \GENIPOLICE15190C hillerEvaI2005- 2006\AwdBkgExhA.doc EXHIBIT A Page 1 of 2 Department recommend the waiver of the irregularity and award of the Base Bid and Alternate Bid Item No. 2 to Weathertrol, Inc. of Corpus Christi in the amount of $569,500.00. PRIOR COUNCIL ACTIONS: Mav 23, 2006 a. Ordinance appropriating $43,500.00 from the unappropriated fund balance of the Maintenance Services Fund No. 5110 for the Police Department Chilled Water Plant Upgrade- 2006; amending the FY 2005 — 2006 Annual Operating Budget adopted by Ordinance No. 026385 by increasing appropriations by $43,500.00; and declaring an emergency. b. Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Stridde Callins & Associates, of Corpus Christi, in the amount of $43,500.00 for the Police Department Chilled Water Plant Upgrade - 2006. PRIOR ADMINISTRATIVE ACTION: October 18, 2005 — Award of a contract for engineering services with Stridde Callins & Associates in the amount of $5,320.00 for evaluation of the Police Department Building Chilled Water Plant. September 7, 2006 —Award of an asbestos survey contract to All Points Environmental in the amount of $994.00 for Police Department Chilled Water Plant Upgrade — 2006 — Asbestos Survey. September 20, 2006 — Award of Ratification and Amendment No. 1 to All Points Environmental additional sampling in the amount of $90.00 for Police Department Chilled Water Plant Upgrade — 2006 — Asbestos Survey. September 26, 2006 - Award of Amendment No. 2 to All Points Environmental for roof preparation of asbestos abatement specifications and monitoring plan in the amount of $2,325.00 for Police Department Chilled Water Plant Upgrade — 2006 — Asbestos Survey. October 30, 2006 - Award of Amendment No. 3 to All Points Environmental for roof sampling report in the amount of $417.00 for Police Department Chilled Water Plant Upgrade — 2006 — Asbestos Survey. November 8, 2006 — Award of Amendment No. 1 to Stridde Callins & Associates in the amount of $3,500.00 for design of roof repairs associated with the Police Department Chilled Water Plant Upgrade — 2006. FUNDING: Banc of America has agreed to finance the chiller a cost not to exceed $644,500.00 for up to five years. The City would utilize only the funds necessary which equal $569,500.00. Funding is available from lease purchase proceeds. EXHIBIT A Page 2 of 2 H:\ HOME \KE V INSIGEN\ POLICE \5190Ch illerEval2005- 20061AwdBkgExhA.doc Time of Completion: 126 Cal. Days Miller & Miller Mechanical Contracting Co., Inc. 16250 FM 624 Robstown, TX 78380 2 O 0 UV UUU L5 00.000'04 00'000'0£5 00'gg9'E 1.9$ 1 o 1 IA i e I N to 49 C 0 C c a 69 uu S5a 65s$ 1 1 1 1 1 0 w C Cm c (( M $653,655.00 Malek, Inc. 2521 Antelope Corpus Christi, TX 78408 (1) AMOUNT 0 00 0 0 00 O o d d o o$ o N O 1n o M co w 0(9(9 0 0 0 ID W o M o -X 0 6 A p b N 0 6 0 Lri y oo 0 6 N 0 6 A N N Columbia Contracting, Inc. P.O. Box 200709 San Antonio, TX 78220 AMOUNT $829,515.00 $30,000.00 $45,000.00 $10,000.00 0 R N 10 ef w 0 o Y> N 0 49 O d co 0 0 0 N N a T 49 DLICE DEPARTMENT CHILLED WATER PLANT UPGRADE - 2006 PROJECT NO. 5190 0 d Total Base Bid "Part A" Total Base Bid (BB1 through BB4) and Altemate 2 (AB2) Total Base Bid (BB1 through BB4) and Alternates 1 (AB7) and 2 (AB2) I- 2 r J CO J CO J J J CO J !DESCRIPTION Part A - Base Bid Centrifugal water chiller Contingency Allowance Temporary Cooling Facility Asbestos Abatement Alternate Bid Item #1 Rotary Screw Water Chillinc Unit in Total Base Bid (BB1 through BI and Alternate 1 (AB7) Alternate the item #2 Direct Digital Control System provided by Automated Logic (Alamo Controls), South Texas Controls, Honeywell, or Siemens in lieu of Johnson Controls LO CO m m °m mmmm m ¢ N CO HIHOMEWEVIN5IGEMPGLICE15190ChillerEva12005-200 VAwdeidTabFxhO 0 C O O E O w a r • o • 1 Fa w+ w + w uJ W W Z 5 Z W W n: o -1 0 •- N cO EN on x d0 O O d Z o cu U o .0 C I-0 Time of Completion: 126 Cal. Days Weathertrol, Inc. 4219 Baldwin Blvd. Corpus Christi TX 78405 (1) AMOUNT 0 0 a ao 0 0 0 0 0 0 6 0 O O O N 1 S0 10 N! 0 0 w 10 w 0 0 6 O N o 0 6 N 10 w ° °w co o h 10 w O 0 10 MI 10 R.E.C. Industries, Inc. 12580 St. Hwy 30 College Station, TX 77845 AMOUNT 0 0 0 0 0 0 10 O N OOO1 CO 117 O n b N W IN 69 w w O N 10 N or n w 0 6 0 N � G °o N 4 1` w °O 0 O Oi N o in N W W w $783,250.00 Pro Tech Mechanical 5233 IH 37, Ste. C -9 Corpus Christi, TX 78408 AMOUNT 0 0 0 0 00000 O O O G 0 0 0 w M o o m 69O1w 69 0 O OO w n w 0 O 6 v 0 o n 5915,400.00 0 O O 'O 10 w $815,100.00 0 9 0 ' P. 01 w POLICE DEPARTMENT CHILLED WATER PLANT UPGRADE - 2006 PROJECT NO. 6190 0 Total Base Bid "Part A" -- Total Base Bid (BB1 through BB4) and Alternate 1 (AB1) Total Base Bid (BB1 through BB4) and Alternate 2 (A82) Total Base Bid (BB1 through BB4) and Alternates 1 (AB1) and 2 (A82) I- 2 D co J J (DESCRIPTION Part A - Base Bid Centrifugal water chiller Contingency Allowance Temporary Cooling Facility Asbestos Abatement Alternate Bid Item #1 Rotary Screw Water Chilling Unit in lieu of centrifugal water chiller Alternate Bid Item #2 Direct Digital Control System provided by Automated Logic (Alamo Controls), South Texas Controls, Honeywell, or Siemens in lieu of Johnson Controls M F m m m m 03113133C0 m Q H:IHOMEIKEVI NSI GEN\ POLICE15190ChalerEvaI2005- 2006WwdBidrabExhB POLICE DEPARTMENT CHILLED WATER PLANT UPGRADE 2006 Project No. 5190 Preliminary Project Budget December 12, 2006 FUNDS AVAILABLE: Airport Capital 2000A CIP Fund Total FUNDS REQUIRED: $ 677,776.00 $ 677,776.00 Construction Contract $ 569,500.00 Project Contingency (4.7 %) $ 26,950.00 QA/QC Testing Contract $ _0_ Engineering Design $ 43,500.00 Asbestos Consulting /Monitoring $ 3,826.00 Surveying $ _0_ Geotechnical Investigation $ _0_ Construction Inspection $ 14,000.00 Survey _0_ Engineering Project Liaison $ 8,000.00 Incidental Expenses (Printing, Advertising, etc.) $ 12,000.00 TOTAL $ 677,776.00 H: W OME1KEVINSIGENIPOLICE15190Chi llerEval2005- 20061AwdBudgetExhC.doc EXHIBIT "C" Page 1 of 1. File : \ Mproject \councilexhibits \exh5190.dwg PROJECT LOCATION LOCATION MAP NOT TO SCALE PROJECT SITE CITY PROJECT No. 5190 VICINITY MAP NOT TO SCALE EXHIBIT °D° POLICE DEPARTMENT CHILLED WATER PLANT UPGRADE -2006 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12 -04 -2006 WIMP ■I •••• 13 AGENDA MEMORANDUM City Council Action Date: December 19, 2006 SUBJECT: Furman Avenue Development /Spohn Shoreline Hospital Sanitary Sewer (Project No. 7354) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with King -Isles Inc. of Corpus Christi, Texas, in the amount of $87,128.74 for the Furman Avenue Development /Spohn Shoreline Hospital Sanitary Sewer project. ISSUE: While in the process of installing a new 12" sanitary sewer gravity line along Caranchua Street and Furman Avenue, the contractor, King -Isles Inc., encountered 6" thick to 12 " -18" thick concrete on both Furman and Carancahua streets. The proposed change order is for the extra cost of sawcutting, removing, hauling and disposing of the concrete. In addition, the original construction contract showed the South Tanacahua alignment to be under curb and gutter, which was relocated to avoid new development. FUNDING: Funds for this project are available from the FY 2006 -2007 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. -A- taste -- ° railatio . A° Foster Crowell g I R. Escobar, P.E. Director of Wastewater Services Director of Engineering Services /* Ad Additional Support Material: Exhibit "A" Background Information Exhibit "B" Change Order Summary Exhibit "C" Location Map H: HOME RachellelGEN\ Wastewater \7354 - Furman \COnStruction\CO No. 11Agende Memo.doc BACKGROUND INFORMATION SUBJECT: Furman Avenue Development /Spohn Shoreline Hospital Sanitary Sewer (Project No. 7354) — CHANGE ORDER NO. 1 PROJECT DESCRIPTION: The proposed change order consists of the following: Add the following items to the contract: South Carancahua 1 Sawcut 12" concrete pavement - 1,000 L.F. $8,000.00 @$8.00 /L. F. 2 Demolish and dispose of concrete pavement 10,000.42 670 S.Y. @$14.926/S.Y. Furman Avenue 1 Pavement repair allowance -1 L.S. @$15,000.00 /L.S. 15,000.00 2 Saw cut 6' concrete pavement - 2,300 L.F. 13,800.00 @$6.00 /L.F. 3 Demolish & dispose of concrete pavement - 10,001.29 2,044 S.Y. @$4.893/S.Y. Add the following quantities to the bid items: 16 Additional 5' Dia. Fiberglass S.S. Manhole (0 -6' Depth) 6,000.00 1 Ea. @$6,000 /Ea. 31 Additional New 6" Curb & Gutter - 60 L.F. 1,320.00 @$22.00 /L.F. 33 Additional trench safety for S.S. - 42 L.F. 840.00 @$20.00 /L.F. 34 Additional trench safety for S.S. Manhole 1,000.00 Construction - 1 Ea. @$1,000.00 /Ea. 35 Additional televised inspection of conduits - 84.00 42 L.F. @$2.00 /L.F. 36 Wastewater repairs @ miscellaneous locations - 22,728.03 to assist to Wastewater restore service — Allowance Deduct the following quantity from the contract 32 Remove existing 6" Curb & Gutter ($1,645.00) 235 L.F. @$7.00 /L.F. SUB - TOTAL: $88,773.74 ($1,645.00) TOTAL NET: $87,128.74 CONTRACT TERMS: The contract specifies that the project will be completed in 120 calendar days with completion anticipated by February 2007. Change Order No. 1 will add 10 calendar days to the contract time. PROJECT BACKGROUND: The project was initiated when a developer approached the H: HOMERachoOMGEMWaslewa lerl7354- FUrmanlConslrudion1CO No. 1'Agenda Background.dOc City about his proposed construction of the Bay Area Apartment complex at the intersection of South Carancahua Street and Furman Avenue. The existing 8" vitrified clay pipe (VCP) sanitary sewer along Carancahua does not have adequate capacity to carry the additional wastewater for the development. Moreover, when this aged line was televised, it became clear that it was in very poor condition and needed immediate attention. Installation of a new 12" gravity line along Caranchua Street and Furman Avenue will alleviate the situation as it will discharge into a 24" trunk main which runs parallel to the Carancahua Street gravity line. PRIOR COUNCIL ACTION: 1. July 11, 2006— Resolution expressing official intent to reimburse $12,000,000 in costs with respect to the construction of improvements to the City's Utility System. (Resolution No. 026868) 2. July 25, 2006 - Motion authorizing the City Manager or his designee to execute a construction contract with King -Isles Inc. of Corpus Christi, Texas, in the amount of $535,322 for the Furman Avenue Development /Spohn Shoreline Hospital Sanitary Sewer for the total base bid. (Motion No. 2006 -236) 3. September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500. (Ordinance No. 026997) PRIOR ADMINISTRATIVE ACTION: 1. April 3, 2006 — Administrative approval of a small agreement for architect/engineer consultant services with Maverick Engineering Inc. in the amount of $24,977 for the Furman Avenue Development /Spohn Shoreline Sanitary Sewer Relief Line. 2. July 21, 2006 — Administrative approval of a ratification of geotechnical engineering services with Rock Engineering and Testing Laboratory Inc. in the amount of $2,112 for the Furman Avenue Development / Spohn Shoreline Hospital Sanitary Sewer. H: WGMEIRacMelle1GENlWastewate 67354FUrman\ConstrudionlCG No. 1Ngenoe Background.000 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET December 19, 2006 PROJECT: Furman Avenue Development/Spohn Shoreline Hospital Sanitary Sewer (Project No. 7354) APPROVED: City Council on 7/25/06 - Motion No. M2006 -236 CONTRACTOR: King - Isles, Inc. 1641 Goldston Rd. Corpus Christi, Texas 78409 TOTAL CONTRACT AMOUNT $535,322.00 25% Limit Amount 133,830.50 Change Order No. 1 (12/19/06) 87,128.74 Total 87,128.74 = 16.28% < 25% Contract Time 120 Calendar Days Additional Contract Time: Change Order #1: 10 Total To Date: 10 H:W OME1 Rednellel GEMWaslewa lef7354funnen \CanslnstiontCO No. 1VChange Order Summary.doe \ Mproject \councilexhibits \exh7354. dwg il` 11137 1 dna , t CORPUS CHRISTI BAY 4 7y w. Paffr \ N PROJECT LOCATION LOCATION MAP NOT TO SCALE Pa zk I� r jaS tftfl4f*4 LAREDO araltailir Nal a 5.10„ 0 160/ 9 l r BUFORD� ,.rge, C* 11�t���11wm imn �,. hIalt®ragi cri, .• `1111® ver IPA' "I\ PROJECT SITE PROJECT No. 7354 VICINITY MAP NOT TO SCALE CORPUS BAY EXHIBIT 'C' FURMAN AVENUE DEVELOPMENT/ SPOHN SHORELINE SANITARY SEWER RELIEF LINE PROJECT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of/ DATE: 12/14/2006 NMI 14 AGENDA MEMORANDUM City Council Action Date: December 19, 2006 SUBJECT: Parkdale Library Renovations 2006 (Project No. 4336) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Dykema Architects Inc. from Corpus Christi, Texas in the amount of $86,856 for the Parkdale Library Renovations 2006. ISSUE: Through donations from benefactors and the Friends of the Corpus Christi Public Libraries, the Parkdale Branch Library will undergo a significant rehabilitation. This Contract For Professional Services provides for design, bid and construction services to complete the proposed renovations. FUNDING: Funding is available through donations from the William T. Neyland Estate, Ed Rachael Foundation, the Friends of Corpus Christi Public Libraries, and from the FY 2007 Library Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the motion as presented. js erb Canales, iSgeI R. Escobar, P.E. Director of Libraries Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map H:IHOMEILYNDAS\GEMLibrary 4336 - Parkdale Library1Construtllon'AGENDA MEMO.doc BACKGROUND INFORMATION SUBJECT: Parkdale Library Renovations 2006 (Project No. 4336) PROJECT DESCRIPTION: The project proposes to address interior and exterior renovations to the existing Parkdale Branch Library, increased public library space, and improved children's areas. The renovations may include exterior windows, roof, heating ventilation and air conditioning, plumbing and electrical upgrades, interior /exterior finishes, landscaping, and furniture /shelving. To achieve additional public space a new elevator to the second floor or a building addition will be considered. All improvements will conform to ADA, Texas Windstorm and be coordinated with the Library Building Committee. PROJECT BACKGROUND: In 2004, the City of Corpus Christi Library Department was notified that it was named as a beneficiary in the last Will and Testament of William T. Neyland. Upon the death of Mrs. William Neyland in October 2004, the library was designated to receive a cash distribution and beneficial mineral interest in approximately 3,000 acres in Goliad County. To date, a total of $787,458.57 has been received from the trust. Additional donors to the Parkdale Library Project include the Ed Rachal Foundation ($50,000); Paul and Mary Haas Foundation ($2,500); and Estate of Fran Alexander ($2,500). The Parkdale Branch Library is over 45 years old and has many needs. Funds will be used to structurally and aesthetically improve the library and expand the current capabilities of the facility. After completion of the project, the Parkdale Branch library will be renamed to the William T. Neyland Public Library in appreciation of this generous donation. CONTRACT TERMS: A Contract Summary is attached as Exhibit "B." PRIOR COUNCIL ACTION: 1. December 14, 2004 — Resolution accepting a cash distribution from the William T. Neyland Estate. (Resolution No. 026056) 2. January 25, 2005 - Ordinance appropriating up to $600,000 from the William T. Neyland Estate into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library. (Ordinance No. 026128) 3. January 25, 2005 — Resolution authorizing the renaming of the Parkdale Branch Library to the "William T. Neyland Public Library" upon completion of improvements to the facility. (Resolution No. 026129) 4. April 25. 2006 — Resolution amending Resolution No. 026056 to authorize the City Manager or his designee to determine whether to retain or sell the library's beneficial mineral interest as bequeathed to the library by the last Will and Testament of William T. Neyland. (Resolution No. 026752) 5. June 27, 2006 — Resolution authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries which provides $55,000 to the City for improvements to the Parkdale Branch Library. H: IUSERS2 UIOMENELMARGEMLIBRARY14336 PARKDALE LIBRARY RENOVATIONS 2006WGENDA BACKGROUND EXHIBIT "A" Page 1 of 2 6. June 27, 2006 — Ordinance appropriating $257,352.70 into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch library from the following sources: $187,458.57 from the William T. Neyland Estate, $55,000 from the Friends of Corpus Christi Public Libraries; and $14,894.13 from unappropriated interest earnings from the Library CIP Fund No. 3210 for Parkdale Library improvements; amending FY 2005- 2006 Capital Improvement Budget adopted by Ordinance No. 026188 to increase appropriations by $257,352.70; and declaring an emergency. FUTURE COUNCIL ACTION: 1. Approval of future anticipated donations to the Library 2. Approval of Construction Contract to complete the Parkdale Library Renovations. H: U73ERSZHOMEVELMAP \GEMLIBRARY\4336 PARKDALE LIBRARY RENOVATIONS 20061AGENDA BACKGROUND EXHIBIT "A" Page 2 of 2 CONTRACT SUMMARY PARKDALE LIBRARY RENOVATIONS 2006 Project No. 4336 1. SCOPE OF PROJECT Parkdale Library Renovations 2006 (Proiect No. 4336) - The project proposes to address interior and exterior renovations to the existing Parkdale Branch Library, increased public library space, and improved children's areas. The renovations may include exterior windows, roof, heating ventilation and air conditioning, plumbing and electrical upgrades, interior /exterior finishes, landscaping, and furniture /shelving. To achieve additional public space a new elevator to the second floor or a building addition will be considered. All improvements will conform to ADA, Texas Windstorm and be coordinated with the Library Building Committee. 2. PROJECT SCHEDULE DAY DATE ACTIVITY Thursday August 3, 2006 Begin Programming /Pre- Design Wednesday December 13, 2006 Begin Preliminary Phase Friday February 2, 2007 Begin Design Phase Thursday March 8, 2007 Interim Review Meeting Wednesday May 9, 2007 Pre -Final Submittal Friday June 8, 2007 City Review Monday July 9, 2007 Final Submittal Monday (2) August 2007 Advertise for Bids Tue/Wed/Thu August 2007 Pre-Bid Conference Wednesday August 2007 Receive Bids Monday September 2007 Begin Construction Weekday June 2008 Construction Completion H: WSERS2 VIOMRVELMAPIGENILIBRARY14336 PARKDALE LIBRARY RENOVATIONS 20061CONTRACT SUMMARY EXHIBIT "B" Page 1 of 2 3. FEES H:WSERSRHOME\VELMAP\GEN LIBRARY4336 PARKDALE LIBRARY RENOVATIONS 20061CONTRACT SUMMARY EXHIBIT "B" Page 2 of 2 ORIGINAL CONTRACT Basic Services 1. Preliminary Phase $16,785.00 2. Design Phase 23,730.00 3. Bid Phase 4,630.00 4. Construction Phase 12,734.00 Subtotal Basic Services 57,879.00 Additional Services 1. Permitting 1,000.00 2. Topographic Survey 0.00 3. Environmental Issues 0.00 4. Construction Observation Services 19,122.00 5. Warranty Phase 1,018.00 6. As- Builts 733.00 7. Security /Specialties Access Control 0.00 8. Furniture Design and Documents 0.00 9. Supplemental Engineering 6,200.00 10. Public Art Design 904.00 Subtotal Additional Services 28,977.00 Total $86,856.00 H:WSERSRHOME\VELMAP\GEN LIBRARY4336 PARKDALE LIBRARY RENOVATIONS 20061CONTRACT SUMMARY EXHIBIT "B" Page 2 of 2 \ Mproject \councilexhibits \exh4336. dwg PARKDALE LIBRARY RENOVATIONS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12/12/2006 MOW MI MIN WV" 15 AGENDA MEMORANDUM City Council Action Date: December 19, 2006 SUBJECT: New Southside Fire Station (Project No. 5169) (BOND ISSUE 2004) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services with Chuck Anastos Associates LLC from Corpus Christi, Texas in the amount of $124,500, for a total re- stated fee of $137,000 for the New Southside Fire Station (BOND ISSUE 2004). ISSUE: This project was approved November 2, 2004 in the Bond Issue 2004 Package under Proposition No. 2 Public Health and Safety Improvements. A contract for professional services is required to complete the design phase, bid phase, and construction phase; and requires City Council approval. FUNDING: Funds for this project are available from the FY 2007 Capital Improvement Program (CIP) Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Richard Hooks, Fire Chief Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map 1 �. /z/v /fl gef R. Escobar, P.E. rector of Engineering Services H: \USERS2IHOMEWELMAP\GEN \FIRE DEPT\5169 SOUTHSIDE FIRE STATIOMAMENDMENT NO. 11.AGENDA MEMO BACKGROUND INFORMATION SUBJECT: New Southside Fire Station (Project No. 5169) (BOND ISSUE 2004) AMENDMENT NO. 1: The proposed Amendment No. 1 consists of Basic Services and Additional Services for the proposed project: New Southside Fire Station - The city -wide November 2004 Bond Election authorized the construction of a new free standing Southside Fire Station, approximately 5200 SF in size. The new building shall consist of a pre - engineered metal building structure with brick veneer exterior skin, and shall be constructed on the Bill Witt Park property at the corner of Yorktown Boulevard and a street to be named in the future. FINAL PRODUCT: Preliminary Design Phase, Design Phase, Bid Phase, and Construction Phase Services will result in the construction of the New Southside Fire Station. PROJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. Under this Bond Issue 2004 voter - approved project, a new fire station will be constructed to meet development in the Yorktown Road area between Cimarron Street and Rodd Field Road on Bill Witt Park Property. This location responds to the Fire Station Location Study and the S,outhside Area Development Plan. This project will include the cost to acquire land, equipment, and construction of the fire station. The Station will be located at Bill Witt Park. CONTRACT SUMMARY /FEE: A Contract Summary and fee is attached as Exhibit "B." FUTURE COUNCIL ACTION: Approval of a construction contract to complete the project as required. EXHIBIT "A" Page 1 of 2 H:\USERS2\HOMEVELMAP\GEN \FIRE DEPT15169 SOUTHSIDE FIRE STATIONAMENDMENT NO. 1AGENDA BACKGROUND PRIOR COUNCIL ACTION: 1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). 3. September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500 (Ordinance No. 026997). PRIOR ADMINISTRATIVE ACTION: 1. June 27, 2006 — Administrative approval of a Small NE Agreement with Chuck Anastos Associates, LLC from Corpus Christi, Texas in the amount of $12,500 for the New Southside Fire Station. EXHIBIT "A" Page 2 of 2 H:IUSERS2\HOMEVELMAP\GENWIRE DEPT5169 SOUTHSIDE FIRE STATIONNMENDMENT NO 11AGENDA BACKGROUND CONTRACT SUMMARY NEW SOUTHSIDE FIRE STATION (BOND ISSUE 2004) Project No. 5169 1. SCOPE OF PROJECT New Southside Fire Station (Project No. 5169) (BOND ISSUE 2004) - The city -wide November 2004 Bond Election authorized the construction of a new free standing Southside Fire Station, approximately 5200 SF in size. The new building shall consist of a pre- engineered metal building structure with brick veneer exterior skin, and shall be constructed on the Bill Witt Park property at the corner of Yorktown Boulevard and a street to be named in the future. 2. PROJECT SCHEDULE DAY DATE ACTIVITY Wednesday December 27, 2006 Begin Preliminary Phase Wednesday January 17, 2007 Submit Design Memorandum Submit Letter Report Thursday February 1, 2007 Begin Design Phase Wednesday March 7, 2007 Pre -Final Submittal Friday March 16, 2007 City Review Wednesday March 28, 2007 Final Submittal Monday (2) April 2007 Advertise for Bids Wednesday April 2007 Pre -Bid Conference Wednesday April 25, 2007 Receive Bids Monday May 2007 Begin Construction Weekday December 2007 Construction Completion H: \USERS2\HOMEWELMAPIGEMPIRE DEPT 15169 SOUTHSIDE FIRE STATION\AMENDMENT NO. 11CONTRACT SUMMARY EXHIBIT "B" Page 1 of 2 3. FEES EXHIBIT "B" Page 2 of 2 H: \USERS2 \HOME \VELMAP\GENIFIRE DEPT\5169 SOUTHSIDE FIRE STATIONVIMENDMENT NO. 11CONTRACT SUMMARY ORIGINAL CONTRACT AMENDMENT NO.1 TOTAL Basic Services 1. Preliminary Phase $12,500.00 $27,500.00 $40,000.00 2. Design Phase 0.00 55,000.00 55,000.00 3. Bid Phase 0.00 2,500.00 2,500.00 4. Construction Phase 0.00 6,500.00 6,500.00 Subtotal Basic Services 12,500.00 91,500.00 104,000.00 Additional Services 1. Permit Preparation 0.00 2,000.00 2,000.00 2. Public Art Design / Coordination 0.00 500.00 500.00 3. Re- Platting and Topographic Survey 0.00 8,500.00 8,500.00 4. Supplemental Engineering 0.00 4,500.00 4,500.00 5. Construction Observation Services 0.00 12,000.00 12,000.00 6. Furniture Design and Documents 0.00 2,500.00 2,500.00 7. Warranty Phase 0.00 1,000.00 1,000.00 8. As- Builts 0.00 2,000.00 2,000.00 Subtotal Additional Services 0.00 33,000.00 33,000.00 Total $12,500.00 $124,500.00 $137,000.00 EXHIBIT "B" Page 2 of 2 H: \USERS2 \HOME \VELMAP\GENIFIRE DEPT\5169 SOUTHSIDE FIRE STATIONVIMENDMENT NO. 11CONTRACT SUMMARY YORKTOWN BOULEVARD r II TEMPORAIm TURWAROLND AS REWIRED Mat emE5T IS BUILT 1 350' NEW SOUTHSIDE FIRE STATION - SCHEMATIC SITE PLAN 5,186 SF to' 0 If 32' oae ®a NEW SOUTHSIDE FIRE STATION COY OF CORPUS CHRISTI seal eee CHUCK ANASTOS, AIA DECEMBER 14, 2006 PRELIMINARY DRAWINGS NOT FOR REGULATORY APPROVAL, PERMITTING OR CONSTRUCTION CITY of CORPUS CHRISTI TEXAS Department of Engineering Services CHUCK UUUSTOS 1 RRNO. NMI Exhibit, 1 of 1 16 AGENDA MEMORANDUM City Council Action Date: December 19, 2006 SUBJECT: Waldron Road Street Improvements — BOND ISSUE 2004 Purdue to Glenoak and Mediterranean Extension (Project No. 6274) AMENDMENT NO. 3 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas, in the amount of $50,180 for a revised total fee of $699,710 for the Waldron Road Street Improvements- Purdue to Glenoak and Mediterranean Extension for additional design for Glenoak Drive drainage improvements and water line replacement. (Bond Issue 2004) ISSUE: This amendment provides for an alternate design solution to resolve drainage problems at the Waldron /Glenoak intersection by catching the storm water before it reaches the intersection and allowing the Waldron Road drainage system to be more effective. The proposed project will also replace approximately 1,100 LF of sidewalk and install approximately 700 LF of new 8" PVC water line. FUNDING: Funds for this project are available from the FY 2006 -2007 Storm Water and Water Capital Improvement Budgets. RECOMMENDA ION: Staff recommends approval of the motion as presented. ,ra Ica Va Di e Gray, P. or of t2 -(3 -0fr gel R. Escobar, P.E. r Services director of Engineering Services Eduar•• car.fr,, P.E. Direct - Water Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "Cr Location Map H: IHOMEIReWells \GENIStreets15274- Waldronwnd. No. 3\Agende Men o.doc BACKGROUND INFORMATION SUBJECT: Waldron Road Street Improvements — BOND ISSUE 2004 Purdue to Glenoak and Mediterranean Extension (Project No. 6274) AMENDMENT NO. 3 PROJECT DESCRIPTION: The proposed Amendment No. 3 provides for an alternate design solution to resolve drainage problems at the Waldron /Glenoak Intersection. The original design approach provided for new inlets at the Waldron /Glenoak intersection with new 42" & 36" RCP drainage pipe along Waldron south to the Van Galen Ditch. The alternate design solution provides new inlets at the Waldron /Glenoak intersection with new 42" & 36" RCP drainage pipe along Glenoak west to the Van Galen Ditch upper reaches. Additional inlets will be added along Glenoak. This solution reduces the flooding along Glenoak, catching the storm water before it reaches the intersection and allowing the Waldron Road drainage system to be more effective. This solution is also more cost effective. The alternate scope also replaces approximately 1,100 LF of sidewalk and replaces approximately 700 LF of existing 8" AC water line with new 8" PVC. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "B." PROJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. PRIOR COUNCIL ACTION: 1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). 3. June 14, 2005 — Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $603,420 for the Waldron Road Improvements from Purdue to Glenoak and the Mediterranean Extension. (BOND ISSUE 2004) (Motion No. 2005 -182) 4. September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500. (Ordinance No. 026997) H: 1HOME1RaUeIle1GEMBtree ,s15274- WaMmnlAmd. No. 3VAGENDA BACKGROUND.doc PRIOR ADMINISTRATIVE ACTION: 1. August 26, 2004 - Distribution of Request For Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004- 03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 4. August 16, 2006 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $22,270 for a revised total fee of $625,690 for the Waldron Road Street Improvements from Purdue to Glenoak and the Mediterranean Extension. (BOND ISSUE 2004) 5. December 15, 2006 — Administrative approval of Amendment No. 2 to the Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $23,840 for a revised total fee of $649,530 for the Waldron Road Street Improvements from Purdue to Glenoak and the Mediterranean Extension. (BOND ISSUE 2004) FUTURE COUNCIL ACTION: Approval of construction contract to complete the project as required. H: HOMEIRectellehGENlStreele16274WeIdronlAmd. No. 31AGENDA BACKGROUND.doc CONTRACT SUMMARY 1. SCOPE OF PROJECT:Waldron Road Street Improvements: Purdue to Glenoak and Mediterranean Extension (Bond 2004) (Project No. 6274) - AMENDMENT NO. 3 This amendment provides for an alternate design solution to resolve drainage problems at the Waldron /Glenoak intersection. The alternate design solution provides new inlets at the Waldron /Glenoak intersection and along Glenoak with new 42" & 36" RCP drainage pipe running west to the Van Galen Ditch upper reaches. This solution also replaces approximately 1,100 LF of sidewalk and replaces approximately 700 LF of existing 8" AC water line with new 8" PVC. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the project. 3. SCHEDULE DAY DATE ACTIVITY Friday July 1, 2005 Begin Preliminary Phase Monday August 15, 2005 Submit Draft Design Memorandum Wednesday August 31, 2005 City Review Meeting Monday May 22, 2006 Submit Final Design Memorandum Wednesday December 20, 2006 Begin Design Phase Friday March 23, 2007 Pre -Final Submittal Wednesday April 4, 2007 City Review Meeting Friday April 13, 2007 Final Submittal Monday (2) April 2007 Advertise for Bids Weekday April 2007 Pre -Bid Conference Weekday May 2007 Receive Bids Weekday June 2007 Begin Construction Weekday January 2008 Construction Completion H:{ HOME1RateIle 1GEMSlreeta16274- Waldron, ,,.J No. 31Contact Summery.doc 4. FEES H: HOMEViecheIIMGEN1SVools 8274-Waldronwnd. No. =contract Summary.doc ORIGINAL CONTRACT AMD. NO. 1 AMD. NO. 2 AMD. NO. 3 TOTAL STORM WATER WATER REVISED FEE BASIC SERVICES 1 Preliminary Phase $47,465.00 $0.00 $0.00 $0.00 $0.00 $47,465.00 2 Design Phase 244,829.00 0.00 11,600.00 28,960.00 7,200.00 292,589.00 3 Bid Phase 5,120.00 0.00 0.00 0.00 0.00 5,120.00 4 Construction Phase 60,580.00 0.00 0.00 0.00 0.00 60,580.00 Subtotal Basic Services 357,994.00 0.00 11,600.00 28,960.00 7,200.00 405,754.00 ADDITIONAL SERVICES 1 Permitting a. USACE/GLO/TCEQ b. TDLR Registration (Authorized) TBD 4,620.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TBD 4,620.00 2 ROW Acquisition Survey a. Roadway (Authorized) b. Offsite Drainage ROW 10,000.00 TBD 0.00 0.00 0.00 0.00 0.00 4,500.00 0.00 0.00 10,000.00 4,500.00 3 Topographic Survey (Authorized) 37,361.00 0.00 0.00 0.00 0.00 37,361.00 4 SUE Exploration (Authorized) 21,640.00 0.00 0.00 0.00 0.00 21,640.00 5 Public Meeting (One Meeting) 2,545.00 0.00 0.00 0.00 0.00 2,545.00 6 Construction Observation (18 mos.) 156,490.00 0.00 0.00 0.00 0.00 156,490.00 7 Warranty Phase 2,250.00 0.00 0.00 0.00 0.00 2,250.00 8 Mitigation Site Acquisition, Surveys, Construction Plans TBD 0.00 0.00 0.00 0.00 TBD 9 Sewer Line Televising (Authorized) a. Pre - Design 10,520.00 0.00 0.00 0.00 0.00 10,520.00 10 Storm Water Line Televising 0.00 11,750.00 0.00 0.00 0.00 11,750.00 11 Additional Sewer Line Televising 0.00 10,520.00 0.00 0.00 0.00 10,520.00 12 Offsite Drainage Topographic Survey 0.00 0.00 6,860.00 0.00 0.00 6,860.00 13 Offsite Drainage HydroJet SUE 0.00 0.00 5,380.00 9,520.00 0.00 14,900.00 Subtotal Additional Services 245,426.00 22,270.00 12,240.00 14,020.00 0.00 293,956.00 TOTAL AUTHORIZED FEE 5603,420.00. 522,270.00 $23,840.00 $42,980.00 $7,200.00 $699,710.00 H: HOMEViecheIIMGEN1SVools 8274-Waldronwnd. No. =contract Summary.doc File : \ Mproject \councilexhibits \exh6274.dwg 1 LOCATION MAP AMENDMENT VAN GALEN DITCH CITY PROJECT No. 6274 VICINITY MAP NOT TO SCALE N EXHIBIT 'C' WALDRON ROAD STREET IMPROVEMENTS FROM PURDUE TO GLEN OAK AND MEDITERRANEAN EXTENSION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12 -12 -2006 w.r 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 19, 2006 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the engineering services contract with Freese and Nichols, Inc., of Fort Worth, Texas in an amount not to exceed $98,920.00 for the Wholesale Raw Water SCADA Improvements — 2006 Project for the Replacement of Master Meter No. 1 at O. N. Stevens Water Treatment Plant. (Project No. 8547) ISSUE: The existing meter and telemetry systems do not provide reliable measurement and acquisition of the quantity of treated water delivered into the distribution system. Timely acquisition of this data is needed at O. N. Stevens Water Treatment Plant for optimization of the water treatment process. FUNDING: Funding is available from the Water CIP Fund (Commercial Paper). CONCLUSION AND RECOMMENDATION: Approval of the motion as presented. rC ir✓ s/L3 a el R. Escobar, P.E. Date duard /a/3.( ran- '.E. e'er °''Bate irector, Engineering Services Director ater� ervices Attachments: Exhibit A: Background Information Exhibit B: Contract Summary Exhibit C: Location Map H: \HOMEIKEVINS \GEN \WATER\8547 SCADA 2005V \EAmd2Memo.doc BACKGROUND INFORMATION SUBJECT: O. N. Stevens Water Treatment Plant High Service Pump Building No. 1 Master Meter Replacement (Project No. 8547) PROJECT BACKGROUND: Master Meter No. 1 at O.N. Stevens Water Treatment Plant has become unreliable and inaccurate. Attempt to calibrate it have been unsuccessful. It is critical this meter be replaced as soon as possible during the period of low water demand between January and March of 2007: The Master Meter at the High Service Pump Building No. 1 of the O. N. Stevens Water Treatment Plant is utilized daily for acquiring readings on water production quantities. The readings are utilized to adjust and optimize the treatment process. The readings are also reported to the Texas Commission of Environment Quality (TCEQ) to comply with their requirements. The error in readings is due to the calcification build up that occurred during the lime softening period that was part of the treatment process which began in the 1950's. There are three (3) reasons for the errors: 1. Evaporation 2. Leakage 3. Inaccurate Meters There is evaporation loss from the basins, leakage loss through the basin floors, and leakage loss in the clearwells. There is no significant loss between the filters and the clearwells. The losses due to evaporation and leakage are not consistent and it is impossible to estimate the loss through each of the three (3) suspect areas Reliable measurement and acquisition of water production data is necessary for optimization of water operations and distribution. This data is essential to measure the quantity of water delivered into the distribution system, and to adjust rate of water treatment. The proposed project continues the process of automating telemetry monitoring and control of raw water usage. CONSULTANT CONTRACT: The services addressed by the contract amendment include: • preparation of bid and construction documents (ratification); • bid services (ratification); • permitting and agency coordination; • construction phase observation; • commissioning and start up services; • warranty services; and • SCADA documentation. H:t1OME \KEVINS \GEN\wATER\8547 SCADA 20051AEAmd2AwdBkgExhA.doc EXHIBIT "A" Page 1 of 3 The project was originally going to be addressed by Water Department maintenance personnel. The complexity and scale of meter increased as details of the required work developed. It was determined that the scope of the project required heavy construction that could best be undertaken by a contractor. This required the Consultant to prepare detailed plans, specifications, bid, and contract documents. The consultant did so prior to receiving an amendment due to the severity of time constraints to complete the work during a period of low water demand. The proposed amendment ratifies these services to authorize payment as well as construction phase and other services The total fee for the amendment is $98,920.00. A contract summary is attached. See Exhibit B. PROJECT DESCRIPTION: The proposed project consists of the demolition of existing reinforced concrete (nominal 13' X 9' X 11') vault, 32' long flow meter and 48 " ductile iron piping; installation of new venture flow meter and flow transducers (provided to the contractor by the City), associated 48" ductile iron piping and fittings, 48" gate valve, galvanized steel grating and construction of a reinforced concrete vault (nominal 12' X 26' X 11' deep). The master meter, flow transducer and spool was pre - purchased by the City for delivery to the contractor. This was necessary to allow the project to be completed during the period of low water demand of January 2007 through March 2007. The project schedule provides for the meter and spool piece to be calibrated at the Water Resources Laboratory at Utah State University the second week of January 2007; for delivery to the O. N. Stevens Water Treatment Plant before the end of January 2007. Recent discussions with the meter manufacturer reveal the fabrication process is on schedule. FUNDING: Funds for this project are available in the FY 2007 Water Capital Improvement Budget. PRIOR COUNCIL ACTION: 1. August 23. 2005 — Motion authorizing the City Manager, or his designee, to execute an Engineering Services Contract with Freese and Nichols, Inc. of Fort Worth, Texas in an amount not to exceed $179,100 for the Wholesale Raw Water SCADA Improvements — 2005 Project (Motion No. M2005 -271). 2. Mav 30, 2006 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Engineering Services Contract with Freese and Nichols, Inc. of Fort Worth, Texas in an amount not to exceed $74,500 for the Wholesale Raw Water SCADA Improvements — 2005 Project (Motion No. M2006 -164). 3. September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500 (Ordinance No. 026997). 4. December 12, 2006 - Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $422,000.50 with S. J. Louis Construction from San Antonio, Texas for the O. N. Stevens Water Treatment Plant High Service Pump Building No. 1 Master Meter Replacement Project. PRIOR ADMINISTRATIVE ACTION: 1. August 21, 2006 — Equipment purchase from Primary Flow Signal, Inc. of Cranston, EXHIBIT "A" Page 2 of 3 H:\HOMEIKEVINSIGEMWATER\8547 SCADA 2005'AEAmd2AwdBkgExhA.doc Rhode Island in the amount of $ 36,270. Emergency procurement authorized by City Manager to ensure meter replacement pursuant to authority granted by Charter Art. X, Sec.2(a) and Local Government Code 252.022(a) followed by notification to City Council. 2. November 13, 2006 — Equipment purchase from Ferguson Enterprises, Inc. of Corpus Christi, Texas in the amount of $8,175. 3. November 13, 2006 — Equipment purchase from Rosemount, Inc. of Chanhassen, Minnesota in the amount of $4,048.65. IEXHIBIT "A" Page 3 of 3 H:M IOME\KEVINS \GEN \WATER\8547 SCADA 2005\AEAmd2AwdBkgExhA.doc CONTRACT SUMMARY Section 1 Scope of Project is amended to read: 1. SCOPE OF PROJECT 1. Wholesale Raw Water SCADA Improvements — 2005 (Project No. 8547) - This project consists of engineering for SCADA improvements at the Water Department's wholesale raw water diversion sites, including: 1) City of Mathis Raw Water Intake Pump Station, 2) City of Beeville Raw Water Intake Pump Station, 3) San Patricio Municipal Water District Mary Rhodes Pipeline Raw Water Diversion, 4) San Patricio Municipal Water District Nueces River Water Intake Pump Station, 5) Flint Hills Refinery Raw Water Intake Pump Station, 6) Celanese Refinery Raw Water Intake Pump Station, 7) Mary Rhodes Pipeline Raw Water Intake Pump Station at Lake Texana, and 8) O.N. Stevens Water Treatment Plant Raw Water Metering Vaults. The existing telemetry systems do not provide reliable measurement and acquisition of raw water diversion information needed for billing wholesale raw water customers and for planning water releases from upstream reservoirs including Wesley Seale Dam and Choke Canyon Dam. The SCADA improvements includes a communications base station at Wesley Seale Dam operations center for gathering, storing, and reporting the raw water metering information. 2. Master Meter No. 1 Replacement — 2006 (Project No. 8547) — This project consists of engineering services for the O.N. Stevens High Service Pump Building No.1 master meter #1 improvements, consisting of construction and procurement documents, including: 1) installation of new raw water meter and telemetry equipment at the O.N. Stevens WTP. 3. Master Meter No. 1 Replacement — 2006 Amendment No. 2 (Project No. 8547 — The Consultant Engineer will provide the services necessary to competitively bid the installation of the master meter requiring preparation of plans, specifications, contract and bid documents and additional services set forth by Exhibit A -2. H:IHOMEKEVIN$IOEMWATER18547 SCADA 2005 WEAmd2SumExhB.doc Exhibit B Page 1 of 2 Fee Original Contract Fee $179,100 Amendment No. 1 $74,500 Previous Contract Fee $253,600 Amendment No. 2 Rincon Bayou Pump Station Supervisory Control and Monitoring 1. Design Phase $16,674 2. Fabricate and Commission Remote Telemetry Panel $18,510 3. Provide Redundant Master Radio at W.S. Dam Operations Center $6,478 4. Expand Graphics Interface at Water Operations Center $5,796 4. Prepare O &M Manual and Conduct Operator Training $4,121 5. Provide 1 -year Operations and Maintenance Support $5,347 Sub -Total Rincon Bayou Pump Station Fees Authorized $56,926 H:IHOMEKEVIN$IOEMWATER18547 SCADA 2005 WEAmd2SumExhB.doc Exhibit B Page 1 of 2 ONS Master Meter No. 1 Bid Documents and Bidding Services Fee for Basic Services 1. Design Phase — Bid Documents $10,182 2. Bid Phase $6,145 3. Construction Phase $11,167 Subtotal ONS Master Meter Basic Services Fees $27,494 Fee for Additional Services -ONS Master Meter (Allowance) 1. Permitting and Agency Coordination (Authorized) $1,145 2. Construction Observation Services (Authorized) $6,296 3. Start-up Services (Authorized) $2,243 4. Warranty Services (Authorized) $2,130 5. SCADA Documentation (Authorized) $2,686 Sub -Total Additional Services Fees Authorized $14,500 Total Amendment No. 2 Fee $98,920 Total Authorized Fee $352,520 Exhibit B Page 2 of 2 H:\HOME\KEVINS\GEMWATER\5547 SCADA 2805NEAmd2SumExhB.doc \ Mproject \ co u nc i l exh ibi is \ exh8547. dwg O.N. STEVENS WATER TREATMENT PLANT HIGH SERVICE PUMP BUILDING NO. 1 MASTER METER REPLACEMENT (AMENDMENT NO. 2) CITY COUNCIL EXHIBIT DEPARTMENT OFPENGNEERINd SERVICES PAGE: l of 1 DATE: 12/11 /2006 WIMP •••• 18 AGENDA MEMORANDUM December 19, 2006 SUBJECT: Rincon Bayou Diversion Project — Project No. 8416 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute amendment No. 1 to the laboratory's welding inspection and testing services contract with Base Line Data, Inc. of Portland, Texas, in the amount of $1,995.00 for a restated total not to exceed fee of $26,982.00 for the Rincon Bayou Diversion Project Intake Pump Station, Diversion Pipeline, and Discharge Structure Hondo Creek Bridge Replacement Project. FUNDING: Funding is available from the Water CIP Fund (Commercial Paper Program). RECOMMENDATION: Approval of the motion as presented. .t r• r.'- bOa/o6 Ang R. Escobar, P. E. Director of Engineering Services ADDITIONAL INFORMATION Exhibit A. Background Information Exhibit B. Location Map L/ 4� Eduardo ran E. Director . at- ervices H:\HOME\XEVI NS \GEN\ WATER \RINCOMPipeline\LabWeldingAmdl Memo.doc /Z.(3 -a.( BACKGROUND INFORMATION PROJECT DESCRIPTION: The project consists of 10,200 linear feet of pipeline, a new pump station, a discharge structure, and removal and replacement of a deteriorated 168 footbridge on Hondo Creek. The project is designed to enhance the environmental health and biological productivity of the Rincon Delta, Nueces and Corpus Christi Bays. The project is required as part of the revised reservoir operating plan approved by the Texas Commission on Environmental Quality (TCEQ) which reduced mandatory reservoir releases. WELDING INSPECTION AND LABORATORY TESTING CONTRACT: Base Line Data of Portland, Texas was administratively awarded a contract for welding inspection services in the amount of $24,987.00 on February 28, 2006. These services included visual, magnetic particle, or liquid penetrant inspection. All work will be performed by an AWS CWI certified inspector. An ASNT - SNTC -1A Level II technician will perform all non - destructive inspections. The inspections ensures welding meets the requirements of the AWWA C206 and AWWA M9. Necessary NDE examinations are performed in accordance with the acceptance requirements of AWS D1.1. The contract is a not to exceed fee with payment for only services actually performed. The amendment is necessary to address additional inspections performed by the laboratory. PRIOR COUNCIL ACTION: 1. January 30, 2001 - Motion authorizing Amendment No. 1 of the engineering contract with HDR for the Reservoir Operating Plan for a fee not to exceed $130,000 to assist City efforts on the Rincon Bayou Project (M2001 -046). 2. January 30, 2001- Motion to retain the services of the Kleberg Law Firm for land acquisition services in connection with the Rincon Bayou Project at the rate of $175 per hour for principal attorneys, $65 for paralegals, and $260 per day for landmen plus expenses (estimated cost of $95,000 to $110,000) (M2001 -047). 3. January 30, 2001- Motion to retain the services of attorney Tim Brown for legal services in connection with proceedings at the Texas Natural Resources Conservation Commission regarding the Rincon Bayou Project and administrative agency, intergovernmental and legislative matters affecting the City's water interests at the rate of $140 per hour plus expenses (estimated cost of $40,000) (M2001 -048). 4. March 13, 2001 - Motion authorizing Amendment No. 2 of the engineering contract with HDR for the Reservoir Operating Plan for a fee not to exceed $40,000 for design and bid phase services for the Nueces River Overflow Channel of the Rincon Bayou Project (M2001 -046) 5. July 17, 2001 - Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $74,300.00 with Gallager Construction of Corpus Christi, Texas for the Rincon Bayou Diversion Project - Nueces River Overflow Channel Site Improvements Project. Exhibit "A" Page 1 of 2 6. August 21, 2001 - Motion authorizing Amendment No. 5 of the engineering contract with HDR for the Rincon Diversion Pipeline fora fee not to exceed $435,000 for design and bid phase services for the Rincon Diversion Pipeline (M2001 -320). 7. November 18. 2003 - Motion authorizing the City Manager, or his designee, to execute Ratification of Amendment No. 6 with HDR Engineering, Inc. for a total fee not to exceed $181,000 for the Reservoir Operating Plan Update and Flood Release Model Project (M2003 -416). 8. March 8, 2005 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 7 to the engineering services contract with HDR Engineering, Inc. in the amount of $292,840 for the Rincon Channel Pipeline Project. Motion authorizing the City Manager, or his designee, to execute Amendment No. 7 to the engineering services contract with HDR Engineering, Inc. in the amount of $292,840 for the Rincon Channel Pipeline Project. 9. March 29, 2005 — Ordinance adopting and appropriating the FY2005 Capital Budget and Capital Improvement Guide - Ord. #026188. 10. October 25, 2005 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Ramos Industries, Inc. of Pasadena, Texas in the amount of $7,223,581.00 for the Rincon Bayou Diversion Project Intake Pump Station, Diversion Pipeline, and Discharge Structure Hondo Creek Bridge Replacement Project (Base Bid #3) (M2005- 374).. 11. October 25, 2005 - Motion authorizing the City Manager, or his designee, to execute a project management/inspection contract with Anderson Group Construction Management, Inc. of Corpus Christi, Texas in the amount of $65,490.00 for the Rincon Bayou Diversion Project Intake Pump Station, Diversion Pipeline, and Discharge Structure Hondo Creek Bridge Replacement Project (M2005 -375). 12. October 25, 2005 - Motion authorizing the City Manager, or his designee, to execute a construction materials engineering laboratory's inspection and materials testing services contract with Kleinfelder, Inc. of Corpus Christi, Texas in the amount of $32,270.00 for the Rincon Bayou Diversion Project Intake Pump Station, Diversion Pipeline, and Discharge Structure Hondo Creek Bridge Replacement Project (M2005- 376). Exhibit "A° Page 2 of 2 File : \Mproject \councilexhibits \exh. 8416dwg. LaBONTE PARK RIVER F.M. 624 IH 3 RINCON BAYOU DIVERSION PROJECT LOCATION 0 CITY PROJECT No. 8416 l O 0 0 • NUECES RIV W O LOCATION MAP NOT TO SCALE R Nueces RAND MORGAN 0 O vrty EXHIBIT "B' RINCON BAYOU DIVERSION PROJECT (INTAKE PUMP STATION, DIVERSION PIPELINE, AND DISCHARGE STRUCTURE HONDO CREEK BRIDGE REPLACEMENT PROJECT) (AMENDMENT NO. 1) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12 -11 -2006 C 19 �6z AGENDA MEMORANDUM DATE: December 19, 2006 SUBJECT: J. C. Elliott Landfill — Groundwater Monitoring & Sampling (Project #5205) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a geotechnical services agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an estimated amount not to exceed $202,440.00 for the J. C. Elliott Landfill Groundwater Monitoring and Sampling - 2007 and 2008. ISSUE: The Texas Commission of Environmental Quality (TCEQ) requires groundwater sampling and monitoring to be undertaken in accordance with the approved Groundwater Sampling and Analysis Plan (GWSAP). RECOMMENDATION: Approval of the motion as presented. eft- (Z /IMF /p6 c`'' !z //3/06 Jeffrey Kaplan gel R. Escobar, P.E. Director of Solid Waste Services irector of Engineering Services Attachments: a. Additional Information b. Contract Summary c. Site Map H: HOME\KEVINS \GEN\ LANDFILL \GWSAP12007- 2008U.abAWDMemo.doc ADDITIONAL INFORMATION BACKGROUND: SUMMARY: TCEQ requires the installation of groundwater monitoring wells around solid waste landfills. The wells must be monitoring to ensure there is no migration of leachate off the landfill site. Landfill cells are designed to prevent the flow of groundwater into and out of disposal cells. Modern disposal cells are constructed with liners and leachate collection system to allow any water to be collected for treatment. There are seventeen (17) groundwater monitoring wells located at J. C. Elliot Landfill. The Groundwater Sampling and Analysis Plan (revised March 5, 2002) sets for the sampling requirements and procedures sampling and analysis. The contract also provides for the replacement of Monitoring Well 10 (MW -10), and the anticipated landfill closure in 2008. The GWSAP requires semi - annual detection monitoring of the groundwater wells. MW -10 will be monitored on a quarterly basement to establish background data as a new well. Quarterly background monitoring of unfiltered metals for all wells will also be conducted. CONTRACT: The details of the monitoring are indicated in the contract summary. See Exhibit B. PRIOR COUNCIL ACTION: Approval of the FY2006 -2007 Annual Budget, Ordinance No. 026908. CONSULTANT SELECTION: Kleinfelder, Inc. is extremely familiar with the J. C. Elliot Landfill. This firm has provided geotechnical and laboratory services at J. C. Elliott Landfill for several years. They have been active in the construction of disposal cells and the installation of the monitoring wells. They are thoroughly familiar with TCEQ landfill regulations. FUNDING: Funding is available from Solid Waste Operating Budget. H 1HOMEWEVINS \GEMLAN DFI LL1G W SAP \2007- 20081LabAWDBKG.EXA.doc EXHIBIT "A" Page 1 of 1 CONTRACT SUMMARY KLE#NFELDER E X-.PECT MORE. December 7, 2006 Proposal No. WAC6P296 (Revised) Attn.. Mr. Lawrence Mikolajczyk Assistant Director, Solid Waste Services City of Corpus Christi 2525 Hygela — P.O. Box 9277 Corpus Christi, TX 78469- 9277 SUBJECT: Proposal Groundwater Monitoring - 2007 & 2008 J.C. Elliott. Landfill Corpus Christi, Texas Dear Mr. Mikolajczyk: We are pleased to submit the following proposalfor professional environmental services. This proposal presents the scope of work for groundwater monitoring; and submission of the appropriate monitoring and statistical reports. This proposal was developed based on our discussions, and review of our scope of work/cost during the last four years of groundwater monitoring at the J.C. Elliott Landfill. We look forward to continue serving the City in their hydrogeological needs. If a portion of this proposal does not meet your project needs, or ifthose needs have changed, Kleinfeideris prepared to consider appropriate rnodthcations subject to thestandards:of care to which we adhere as professionals. Modifications, such as changes in scope; methodology, scheduling, and contract terms may result in changes to the quality of the assessments, as well as adjustment to our fees. SCOPE OF BASIC SERVICES Task 1: Detection/Background Monitoring and Reporting Proposed sampling at the site will encompass provisions of the March 2006 changes of the Municipal Solid Waste regulations, the addition of a replacement well at MW -10, and the anticipated landfill closure in 2008. The following table summarizes the sampling events planned for 2007 to 2008 at the J.C. Elliott Landfill The schedule accounts for two completed background monitoring events for unfiltered metals. The schedule will provide the recommended eight data sets for the updated statistical analysis. 06999PR©P / WAC6P296 1 December 7. Exhibit B Copyright 2006 Kldilrelder Page 1 of 6 December 7, 2006 SUMMARY OF MONITORING EVENTS Monitoring Event Description 2007 2008 Total Events Detection Monitoring - All Wells X X X 3 Background Monitoring for Total Unfiltered Metals - All Wells X X X X` X X 6 Background Monitoring - MW10 Replacement X X X X X X X X 8 Kleinfelder will conduct Detection and Background Monitoring of 17 monitoring; wells on a semi - annual' to annual basis in accordance with the current Ground Water Sampling and Analysis Plan ( GWSAP). Past experience indicates that it takes approximately: 50 to:60hours for preparation and fieldwork, with a two- person team, to perform each monitoring event. This includes planning/preparation, mobilization, initial well gauging, pump/equipment setup, low flow purging, sampling, quality control, decontamination, and waste disposal. Experienced staff from our Corpus Christi office will perform the majority of the field tasks; although the project manager and /or hydrogeologist plan may participate in at least one monitoring event per year. Kleinfelder proposes to continue utilizing;AnalySys, Inc. for the primary laboratory and SPL for the Quality Assurance laboratory during this contract period. Although, depending on possible GWSAP revisions, additional analytical laboratories may be considered to accomplish the desired detection limits. The laboratories will furnish prepared sampling jars and ice chests. The testing will be in accordance with the chain of custody provided with each event, and the GWSAP. Laboratory cost includes their charge for completion of the TCEQ Groundwater Evaluation Checklist form. Annual Groundwater Monitoring. Summary Reports will be prepared consistent with previous formats. The report will include summary data tables, groundwater contour maps, field sampling data sheets, quality control summaries, TCEQ groundwater forms, and laboratory reports, and an assessment of statistically significant increases. Kleinfelder will prepare responses or provide additional information to TCEQ; if requested by the agency. Task 2: Amendments to GWSAP At the completion of background monitoring; it is anticipated that the Ground Water Sampling and Analysis Plan (GWSAP) will need to be updated to implement recent rule changes. The GWSAP may need to address issues pertaining to the 2006 regulatory changes such as 08809PROP 1 WAC8P298 2 December 7, 000eees��_ Copyright 2005Kleinfeldef I 2 B Page age 2 of 6 December 7, 2006 quality assurance/quality control, analytical parameter/methodology lists, scheduling, assessment monitoring, and removal of inconsistent provisions. Kleinfelderproposes to prepare revisions to the existing GWSAP, as needed and requested by the City and submit to TCEQ. Kleinfeider will prepare responses or provided additional information to TCEO, if requested by the agency. At this time we have budgeted 260 professional hours to complete this task. Task 3: Updatlng The Upper Prediction Limits Upon completion of the background monitoring for unfiltered metals and for the MW -10 replacement well, groundwater data will be statistically evaluated to determine new background values to assess future statistically significant changes. Updating will proceed in accordance with the statistical analysis plan used by the landfill to determine the values initially. This includes determining the number of results above detection for each analyte/well combination, examining data for trends, examining distributional assumptions, estimating results for censored data by appropriate means, and calculating the upper prediction limit. DumpStat 2.1 will be used as the statistical analysis software as specified in the GWSAP. The results of the analysis will be presented to the TCEQ with a request for approval. Task 4: Verification Re- sampling Monitoring Verification re- sampling will be performed when heavy metals and volatile organic compounds have statistically significant increases over background. Over the previous contract period verification re- sampling has been required in several instances. Assessment monitoring in selected wells could be required if SSTs are confirmed. The number of wells and analytes tested for verb cation and assessment monitoring are subject to the SSI results. These tasks will be performed in accordance with the GWSAP and/or current regulatory practice, and will be billed to the City as an additional cost to the contract-via a change order. Task 5: MW -10 Replacement The existing monitoring well, MW --10, has persistently caused sampling problems due to high turbidity and sediment. We have repeatedly attempted to develop. this well without satisfactory results. It is likely the well has a screen or casing breach resulting in its poor performance; therefore we propose to replace the well. Prior to plugging and replacing the existing MW -10, concurrence should be received in writing from the TCEQ. Kleinfelder will subcontract with an experienced drilling company to abandon/plug the existing MW-10 and drillfinstall a new monitoring well in accordance with 30 TAC §330:421 and 16 TAC §76.702. The well boring will be drilled to a depth of40 feet below grade, and subsurface samples collected at least every five feet. The well will consist of diameter, Schedule 40 Oee09PROP J %%C6P266 3 December 7, 2Wd Exhibit 8 Copyright. 2000laelnrelder Page 3 of 6 December 7, 2006 or 80, flush - thread, screw -joint PVC with a 15 -foot 0.01 -inch slotted screen section, 20 -40 grade silica sand filter pack, 2: foot depth bentonite seal and cementivolday grout casing seal. The surface will be completed with a 4-foot by 4-foot surface concrete pad with structural steel reinforcement, a stainless steel protective collar, and four 4 to 6 -inch diameter bollards. Installation and development will be under the supervision of a licensed Texas geoscientist or engineer. The monitor well will be developed to remove drilling contaminants and help facilitate yield. Groundwater will be purged until pH, conductivity and temperature values indicate stability. All paperwork required by the TCEQ shall be reported within 60 days of completion. This will include a geologic boring log, location map, description of development procedures, Monitor Well Data Sheet (TCEQ- 10308) and a Texas Water Well Report. ADDITIONAL SERVICES The following services are not included in the Basic Services and will be considered as Additional Services, if required or requested: ■ Meetingsiinterviews other than those described in the Basic Services. • The services of specialty subconsultants or other special outside services other than those: described in Basic Services. • Outside services cost associated with replacement bladder pumps, if required. ■ Surveying points on the monitoring well • Any other services not specifically included in Basic Serves. DELIVERABLES Four signed, bound copies of each Annual Groundwater Monitoring Summary Report, and Statistical Analysis Report will be prepared. In addition, we will submit analytical and field data for each monitoring event in the TCEQ electronic format. Additional correspondence and reports will be submitted as required. 06609PROP/ WAC6P296 dopyrf4Fit 2006 KIeinfeldsr 4 December 7, 2 xhibit B Page 4 of 6 J December 7, 2006 COMPENSATION Kleinfelder proposes to perform the Bask Services on a Time and Materials basis. This amount will not be exceeded without prior approval. The Client and Kleinfelder may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensation. UNIT FEES Description Units tulle Hydrogeoiogist, P.G, hr $105.00 Project Manager, P.G. hr 1125.00 Geologist / Environmental Scientist hr $135.00 Environmental Technician hr ,. $45:00 Drafter he 145:00 Vendor Markup (Supplies/Equipment) 96 15% Laboratory Markup (AnaiySis & SPL) °la 10% Reimbursable Expenses Markup (Travel) % 10% 05B09P.f QP / WAC6P295 Capyriphf 200$ Kleinfelder 5 December x, teenchlbit B Page 5 of 6 December 7, 2006 ESTIMATED COST Description No. of Sampling Everts Estimated Cost Total Task 1: Detection/Background Monitoring Project Management/Field & Office Labor (Detection & Background — All Welts) 6 14,500.00 87,000.00 Project Management/Field & Office Labor (Background — MW -10) 2 3,200.00 6,400:00 Equipment/ Rental Supplies 8 2,000,00 , 16,000;00 Laboratory (2007 Detection & Background) 2 14,000.00' 28,000;00 Laboratory (2008 Detection & Background —Post Closure). . . 1 12,000.00 12,000.00 Laboratory (2007 & 2008 Background Metals) 3 2,000,00 6 :000.00 8,000.00 Laboratory (MW10 Replacement Background) 5 1,200.00 Task 1: Subtotal 8 $161,400;00 Task2: Updates to GWSAP $17,120.00 Task 3:Updating Background Statistical Analysis $11,120.00 Task 4: Verification Monftoring/Well 81,700.00 Teak 5: 1MW 40 PluggIng/Replacement & Development $8800.00 Total (Teak 1, 2, & 3 for a 2-Year Period) $202,440.00 LIMITATIONS Services provided by Kleinfelderwill be consistent with the engineering standards prevailing at the time and in the area that the work is performed; no other warranty, express or implied, is intended. AUTHORIZATION Your standard service agreement can be used to authorize these services if agreeable. We appreciatethe opportunity to submit this proposal and look forward to working with you on this project. If you have any questions or need additional information, please do not hesitate to call. We are committed to assist the City to ensure the success of this project. CoR2008k P29 oecmnar�. Exhibit B 1 Page 8 of 6 File: \Mproject \councilexhibits exh5205.dwg NUECES BAY AGNES HWY 44 CORPUS cc r o CHRISTI r oa o INTERNATIONAL 8 AIRPORT N CORPUS CHRISTI BAY OSO CREEK J. C. ELLIOTT LANDFILL F.M. 43 FM 2444 PROJECT # 5205 SITE LOCATION MAP NOT TO SCALE EXHIBIT "C" J.C. ELLIOTT LANDFILL - GROUNDWATER MONITORING & SAMPLING 2007 & 2008 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12 -14 -2006 20 AGENDA MEMORANDUM City Council Action Date: December 19, 2006 SUBJECT: Holly Road Improvements from SH 286 to Greenwood Drive (Project No. 6408) (BOND ISSUE 2004) ADVANCE FUNDING AGREEMENT AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $4,080 for the Holly Road Improvements from SH 286 to Greenwood Drive (BOND ISSUE 2004). ISSUE: Now that the Crosstown Expressway (SH 286) extension is open to Saratoga Boulevard, the Texas Department of Transportation has determined that Holly Road from SH 286 to Greenwood needs to be improved in order to enhance access to and from the Crosstown Extension. At this time, the City's cost is limited to 20% of the planning and design costs while the remaining 80% will be paid with federal funds. FUNDING: Funding for the City's portion is available from the FY 2007 Capital Improvement Program (CIP) Budget. RECOMMENDATION: Staff recommends approval of the resolution as presented. Gam. gel R. Escobar, P.E. Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Advance Funding Agreement Exhibit "C" Location Map H: WOMEUtachelle \GEMStreetsl84o13-HollyMAGENDA MEMO.doc BACKGROUND INFORMATION SUBJECT: Holly Road Improvements from SH 286 to Greenwood Drive (Project No. 6408) (BOND ISSUE 2004) ADVANCE FUNDING AGREEMENT ADVANCE FUNDING AGREEMENT: The City's participation is 20% of the cost of the preliminary engineering and design of the improvements; 80% will be paid for with federal funds. The total estimated planning and design costs are $700,400. Following execution of the Advance Funding Agreement, but prior to the performance of any review work by the State, the City will remit a check or warrant in the amount of $4,080 made payable to the "Texas Department of Transportation" for the State's review of the plans. The balance of $136,000 will be due to TXDOT upon issuance of the plans for construction. City Staff is recommending that the Holly Road improvements from SH 286 to Greenwood Drive be included in the proposed Bond Issue 2008. The project consists of .94 miles of improvements — including the construction of a four -lane roadway —for a total estimated construction cost of $4 million. The City's share of the construction cost (20 %) is estimated to be $800,000 for land acquisition and utilities relocation. The construction is planned to commence in FY 2009. Following is a breakdown of the preliminary engineering and design costs: DESCRIPTION TOTAL ESTIMATE COST PARTICIPATION FEDERAL STATE LOCAL % COST % COST % COST Planning and Design Work for Holly Road $660, $680,000 80% $544,000 0 O % $0 20% 20 h $136,000 Subtotal 680,000 60% 544,000 0% 0 20% 136,000 Direct State Costs (includes plan review) 20,400 80% 16,320 0% 0 Total $700,400 $560,320 $0 $140,080 PROJECT DESCRIPTION: The scope of the work is described as preliminary engineering and design for construction of a four (4) lane roadway and protected left turn lane with new curb and gutter and sidewalks; ADA curb ramps; lane striping and pavement markings; underground storm water system improvements; water and wastewater improvements; removal of abandoned /unused driveways; and new street lighting. The proposed project is part of the Future TXDOT Participation Projects of the Bond Issue 2004 Package. PROJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was HIHGMER echellelGEN 15treets1540B- HoIIyVAGENDA BACKGROUND.doc held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. PRIOR COUNCIL ACTION: 1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). 3. September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500 (Ordinance No. 026997). FUTURE COUNCIL ACTION: Approval of an amendment to the Advance Funding Agreement with TXDOT for the City's share of the construction costs for the Holly Road Improvements from SH 286 to Greenwood Drive. H: WOMEIRechellelGEN1Streets16408- HoIly1AGENDA BACKGROl1NO.00e STATE OF TEXAS COUNTY OF TRAVIS CSJ #: 0916 -35 -150 District #: 16 Code Chart 64 #: 38000 Project: STP ( ) MM ORIGINAL LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For Holly Road Improvements THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State ", and the City of Corpus Christi, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order 10986 that provides for the development of, and funding for, the project describe herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , which is attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work The scope of work for this LPAFA is described as preliminary engineering and design for construction of a 4 -lane roadway and protected left tum lane with new curb and gutter and sidewalks; ADA curb ramps; lane striping and pavement markings; underground storm water system improvements; water and wastewater improvements; removal of abandoned /unused driveways; and new street lighting. Location of the project is on Holly Road from SH 286 to Greenwood Drive in Corpus Christi. AFA- LPAFA_ShortGen.doc Page 1 of 7 IEXHIBIT "B" I Page 1 of 7 CSJ #: 0916 -35 -150 District #: 16 Code Chart 64 #: 38000 Project: STP ( ) MM 5. Right of Way and Real Property shall be the responsibility of the Local Govemment, as stated in the Master Agreement, without exception. 6. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. 7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without exception. 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services will be provided by the Local Govemment. The Local Government is responsible for performance of any required architectural or preliminary engineering work. The State will review and comment on the work as required to accomplish the public purposes of the Local Govemment. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities — not applicable. 11. Project Maintenance — not applicable. 12. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done prior to federal authorization will not be eligible for reimbursement. It is the Local Govemment's responsibility to verify with the State that the Federal Letter of Authority has been issued for the work covered by this Agreement. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c. The Local Government is responsible for all non - federal and non -state funding, including all project cost overruns, unless otherwise provided for in this Agreement or through amendment of this agreement. d. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Govemment's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. e. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Govemment in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. f. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in AFA- LPAFA_ShortGen.doc Page 2 of 7 EXHIBIT "B" Page 2 of 7 1 CSJ #: 0916 -35 -150 District #: 16 Code Chart 64 #: 38000 Project: STP ( ) MM the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the local government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. h. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance 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. Any entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 13. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Govemment shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. 14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. 15. Insurance. If this agreement authorizes the Local Govemment or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. AFA -LPAFA ShortGen.doc Page 3 of 7 IEXHIBIT "B" Page 3 of 7 CSJ #: 0916 -35 -150 District #: 16 Code Chart 64 #: 38000 Project: STP ( ) MM IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: Title: Date: (Signature) THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and /or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Date: Janice Mullenix Director of Contract Services Section Office of General Counsel Texas Department of Transportation AFA- LPAFA_ShortGen.doc Page 4 of 7 EXHIBIT "B" Page 4 of 7 ATTACHMENT A Resolution of Local Government Approving This LPAFA AFA- LPAFA_ShortGen.doc Page 5 of 7 CSJ #: 0916 -35 -150 District #: 16 Code Chart 64 #: 38000 Project: STP ( ) MM EXHIBIT "B" Page 5 of 7 CSJ #: 0916 -35 -150 District #: 16 Code Chart 64 #: 38000 Project: STP ( ) MM ATTACHMENT B Project Location Map End Project CSJ 0916 -35 -150 AFA -LPAFA ShortGen.doc Page 6 of 7 Begin Project CSJ 0916 -35 -150 IEXHIBIT "B" I Page 6 of 7 CSJ #: 0916 -35 -150 District #: 16 Code Chart 64 #: 38000 Project: STP ( ) MM ATTACHMENT C Project Budget Estimate and Source of Funds The scope of work for this LPAFA is described as preliminary engineering and design for construction of a 4 -lane roadway and protected left turn lane with new curb and gutter and sidewalks; ADA curb ramps; lane striping and pavement markings; underground storm water system improvements; water and wastewater improvements; removal of abandoned /unused driveways; and new street lighting. Location of the project is on Holly Road from SH 286 to Greenwood Drive in Corpus Christi. Based on this Project's funding, Category 7 - STP Metro Mobility, the Local Government's participation is 20% of the cost of this particular improvement and the other 80% will be paid for with federal funds. Federal funds in an amount not to exceed $544,000 will be utilized to authorize the performance for contracted agreements for the Project. The Local Government's estimated participation of this Project work is $136,000 (20 %) plus direct costs and overruns in excess of the approved project budget as outlined below. The State has estimated the project to be as follows: Description Total Estimate Cost Federal Participation Cost State Participation Cost Local Participation Cost Planning and design work for Holl Road $680,000 80% $544,000 0% 0 20% $136,000 Direct State Costs (including plan review) TOTAL 20,400 $700,400 80% 16,320 $560,320 0% 0 $0 20% 4,080 $140,080 Direct State Cost will be based on actual charges. Local Govemment's Participation (20 %) = $140,080 This is an estimate only, final participation amounts will be based on actual charges to the project. Following execution of the AFA, but prior to the performance of any review work by the State, the Local Government will remit a check or warrant in the amount of $4,080.00 made payable to the "Texas Department of Transportation" for the State's review of the plans. AFA-LPAFA_ShortGen.doc Page 7 of 7 EXHIBIT "B" Page 7 of 7 CSJ #: 0916 -35 -150 District #: 16 Code Chart 64 #: 38000 Project: STP ( ) MM ATTACHMENT B Project Location Map AFA -LPAFA ShortGen.doc Begin Project CSJ 0916- 35-150 Exhibit C 1 of 1 Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) IN THE AMOUNT OF $4,080 FOR THE HOLLY ROAD IMPROVEMENTS FROM SH 286 TO GREENWOOD DRIVE. (BOND ISSUE 2004) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $4,080 for the Holly Road improvements from SH 286 to Greenwood Drive. (Bond Issue 2004). A copy of the Agreement is attached and is on file with the City Secretary. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett Assistant City Secretary Mayor, City of Corpus Christi APPROVED as to form: December 14, 2006 oyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H:\LEG -DI RU eannie \Doyle\Resolutions\AdvanceFu ndAgmtTXDOT- Holly - Greenwood. doc Page 2of2 Corpus Christi, Texas of , 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H: \LEG- DIRWean n ie \Doyle \Resolutions W dvanceFundAgmtTxDOT- Holly- Greenwood.doc 21 AGENDA MEMORANDUM City Council Action Date: December 19, 2006 SUBJECT: Water Main Improvements: Leopard Street (Project No. 8534) and Third Street (Project No. 8535) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 2 with SLC Construction, L.P. of Conroe, Texas, in the amount of $62,992.43 for a total restated not to exceed contract amount of $2,793,618.98 for the Water Main Improvements: Leopard Street and Third Street project. ISSUE: The Water Department requested to replace approximately 1260 linear feet of additional water lines while construction is occurring in the area to avoid any future inconvenience to the public. FUNDING: Funding for this project is available in the FY 2006 -2007 CIP Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. (2,/5 -4C Eduard Directo P.E. r Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Change Order Summary Exhibit "C" Project Budget Exhibit "D" Location map H:IHOMEIKEVINSIGEMWATERWgenda Memo.doc 1 e[R. Escobar, P.E. Director of Engineering Services lahMis AGENDA BACKGROUND INFORMATION SUBJECT: Water Main Improvements: Leopard Street (Project No. 8534) and Third Street (Project No. 8535) CHANGE ORRDER DESCRIPTION: The change order will result in the installation of 99- linear feet of 12" water line, 1163 linear feet of 8" water line, fittings, appurtences and fire hydrant assemblies. The change order also deducts a number of items from the contract. The additional items were requested by the Water Department as the contractor was actively working in the area. The Department felt the opportunity to be proactive an address items that might require replacement at some point in the future should be addressed to minimize inconvenience to the public. A change order summary is attached. See Exhibit B. PRIOR COUNCIL ACTION: 1. November 11, 2003 — Motion authorizing the City Manager or his designee to execute a consultant contract with Martinez, Guy & Maybik Inc. of Corpus Christi, Texas, in the amount not to exceed $152,993 for the Water Main Improvements along Elizabeth Street and 19th Street. (Motion No. 2003 -397) 2. February 10, 2004 — Approving the FY 2003 -2004 Capital Budget in the amount of $173,624,300. (Ordinance No. 025144) 3. March 29, 2005 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the Contract For Professional Services with Martinez, Guy & Maybik in the amount of $118,608, for a total restated fee of $289,621, for the Water main Improvements: Leopard Street and Third Street Project (M2005 -105). 4. February 21, 2006 - Motion authorizing the City Manager, or his designee, to award a construction contract to SLC Construction of Conroe, Texas, in the amount of $2,720,501.55 for the Water Main Improvements: Leopard Street and Third Street project for Base Bid "A ", Base Bid "B ", and Additive Alternate Numbers 1, 2, 3 and 4. (2006 -043) 5. April 25, 2006 - Motion authorizing the City Manager or his designee to execute a testing agreement with Kleinfelder of Corpus Christi, Texas, in the amount of $40,559 for the Water Main Improvements: Leopard Street and Third Street project. (M2006 -128) PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 — Distribution of Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms. (28 local and 14 out -of -town) 2. March 13, 2002 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms. (28 local and 14 out -of -town) 3. March 15, 2002 — Addendum No. 2 to the Request for Qualifications (RFQ) No. EXHIBIT "A" Page 1 of 2 H: WGMEIKEVINSIGEMWATERl 553488535WaterImprLeopard &3rdSM1Agende Background.doc 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms. (28 local and 14 out -of -town) 4. March 26, 2002 — Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms. (28 local and 14 out -of -town) 5. March 28, 2002 — Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms. (28 local and 14 out -of -town) 6. April 11, 2003 — Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms. (28 local and 14 out -of -town) 7. April 17, 2003 — Addendum No. 1 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms. (28 local and 14 out -of -town) 8. April 25, 2003 — Addendum No. 2 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms. (28 local and 14 out -of -town) 9 August 4, 2003 - Letter Of Notification No. 2 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms. (28 local and 14 out -of -town) 10. November 30, 2004 — Administrative approval of Amendment No. 1 to the contract for engineering (A/E) services with Martinez, Guy & Maybik of Corpus Christi, Texas, in the amount of $18,020 for a total restated fee of $171,013. 11. April 28, 2006 — Administrative approval of Change Order No. 1 to the construction contract with SLC Construction, L.P. in the amount of $10,125.00 for placement and removal of two -inch (2 ") thick cold mix (750 sy) for temporary street repairs. FUTURE COUNCIL ACTION: Council approval of any construction change orders that may be necessary to complete the subject project. H:HGME\KEVINS1GEN\WATERI8 536& 8535WaterlmprLeoperd &3rdSt1Agende BackgrounQtloc EXHIBIT "A" Page 2 of 2 Department of Engineering Services Change Order Summary Sheet May 4, 2006 PROJECT: Water Main Improvements - Leopard Street /3rd Street Project No: 8534/8535 APPROVED: City Council on 2/21/06- Motion No. M2006 -043 CONTRACTOR: SLC Construction, L.P. P. O. Box 639 Conroe TX 77305 TOTAL CONTRACT AMOUNT $2,720,501.55 25% Limit Amount 680,125.39 Change Order No. 1 (4/28/06) 10,125.00 Change Order No. 2 (12/19/06) 62,992.43 Total 73,117.43= 2.69% < 25% Exhibit B Page 1 of 6 CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas ;RANGE ORDER NO: 2 FUNDING SOURCE: CONTRACT TIME: 298 C.D. ) perating Department: Water & Street Tame of Project: Water Main Imprvs. - Leopard St./Third St. - P.R. 8534/8535 DATE: December 11, 2006 'ontractor: SLC Construction, L.P. CHANGE ADD DEDUCT SEE ATTACHED BREAKDOWN $62,992.43 NET TOTAL: $62,992.43 Why was this change necessary? (If left off the plans and specifications, explain why? Vater line extension and additional modifications of pipe sizes in original bid was requested by the Water Department. Iow can similar changes be avoided in the future? letter review by operating department in design phase. CONTRACT PRICE $ 2,720,501.55 TOTAL CHANGE ORDER (inc. current) $ 73,117.43 NEW CONTRACT PRICE $ 2,793,618.98 ). THIS CHANGE ORDER $ 62,992.43 PERCENT TOTAL CHANGE (B /A) 2.69% PREVIOUS TIME AUTHORIZED 0 C.D. 3. ADDN'L CONTRACT TIME THIS CHANGE ORDER 10 C.D. 1. TOTAL ADDITIONAL TIME 10 C.D. :ITY OF CORPUS CHRISTI, TEXAS 3y: Director of Engineering Services SPPROVED: Operating Department Dir. of Management & Budget Legal Department CONTRACTOR By: Title: Project Manager Exhibit B Page 2 of 6 Change Order No. 2 Water Main Imprvs. - Leopard St. /Third St. P.R. No. 8534/8535 Change Add Deduct Add the following items to the contract: N. Carancuhua STREET, PAVING, DRIVEWAY & SIDEWALK ITEMS CI Saw cut existing asphalt pavement - 1,014 L.F. $5,110.56 @$5.04 /L.F. C2 Remove existing asphalt pavement, 8" max 1,411.20 280 S.Y. @$5.04 /S.Y. C3 Remove existing concrete pavement, 5" max 1,411.20 280 S.Y. @$5.04 /S.Y. C4 Saw cut existing concrete sidewalk - 10 L.F. 62.00 @$6.20 /L.F. C5 Remove existing concrete sidewalk - 80 S.F. 124.00 $1.55 /S.F. C6 5" Concrete sidewalk - 80 S.F. @$6.20 /S.F. 496.00 C 7 Remove concrete curb & gutter - 5 L.F. 38.75 @$7.75/L.F. C8 Concrete curb & gutter - 5 L.F. @$18.60 /L.F. 93.00 C9 12" Cement Stabilized Sand - 93 C.Y. @$35.65/C.Y. 3,315.45 C10 5" Unreinforced concrete pavement - 280 S.Y. 10,416.00 @$37.20/S.Y. Cl I Prime Coat @0.16 GaUsy - 45 Gal. @$5.04 /Gal. 226.80 C12 8" HMAC pavement, Type "D" - 280 S.Y. 15,624.00 @$55.80/S.Y. C13 Seal coat entire street pavement areas - 1,520 S.Y. 7,660.80 @$5.04 /S.Y. STORM WATER ITEMS C14 Storm Water Pollution Prevention Measures - 1 L.S. 4,262.50 @$4,262.50/L.S. WATER ITEMS C16 12" DI C151 Pipe w /Joint Restraints - 99 L.F. @$108.89 /L.F. C17 8" DI C151 Pipe w /Joint Restraints - 1,163 L.F. @$87.14/L.F. 10,780.11 101,343.82 SUB - TOTAL: $162,376.19 Exhibit B Page 3 of 6 Change Add Deduct Add the following items to the contract: N. Carancuhua WATER ITEMS C18 4" DI C151 Pipe - 10 L.F. @$88.35/L.F. C19 8" x 8" DI Tee, MJ - 4 Ea. @$403.00/Ea. C20 8" x 6" DI Tee, MJ - 3 Ea. @$348.75/Ea. C21 8" x 6" DI Reducer - 2 Ea. @$248.00/Ea. C22 8" x 4" DI Reducer - 2 Ea. @$232.50/Ea. C23 12" Gate Valve w/Box - 2 Ea. @$2,092.50 C24 8" Gate Valve w/Box - 8 Ea. @$1,123.75/Ea. C25 6" Gate Valve w/Box - 3 Ea. @$775.00/Ea. C26 4" x 90 degree bend, DI - 3 Ea. @$193.75/Ea. C27 12" x 45 degree bend, DI - 6 Ea. @$441.75/Ea. C28 8" x 45 degree bend, DI - 18 Ea. @$271.25/Ea. C29 6" x 45 degree bend, DI - 2 Ea. @$232.50/Ea. C30 12" x 11.25 degree bend, DI - 2 Ea. @$441.75/Ea. C31 Cut and Plug 8" waterline - 2 Ea. @$852.50/Ea. C32 Cut and Plug 6" waterline - 1 Ea. @$705.25Ba. C33 Cut and Plug 4" waterline - 7 Ea. @$620.00 /Ea. C34 Remove existing 8" pipe - 20 L.F. @$11.63/L.F. C35 Remove existing 6" pipe - 10 L.F. @$11.63/L.F. C36 Remove existing 4" pipe - 742 L.F. @$11.63/L.F. C37 Remove /Salvage Existing Fire Hydrant - 1 Ea. @$271.25/Ea. C38 Fire Hydrant Assembly - 2 Ea. @$3,565.00/Ea. C39 12" Wet connection - 2 Ea. @$4,185.00/Ea. C40 8" Wet Connection - 4 Ea. @$1,968.50/Ea. C41 6" Wet Connection - 1 Ea. @$1,472.50/Ea. C42 2" Ser. Line Connection, water main to meter 1 Ea. @$1,340.75/Ea. C43 1" Ser. Line Connection, water main to meter 3 Ea. @$2,170.00 /Ea. C44 12" Transition Boot Coupler Adapter - 2 Ea. @$610.50 /Ea. C45 8" Transition Boot Coupler Adapter - 3 Ea. @$429.00/Ea. C46 4" Transition Boot Coupler Adapter - 1 Ea. @$272.25/Ea. C47 Trench Protection System - 1,503 L.F. @$1.55 /L.F. $883.50 1,612.00 1,046.25 496.00 465.00 4,185.00 8,990.00 2,325.00 581.25 2,650.50 4,882.50 465.00 883.50 1,705.00 705.25 4,340.00 232.60 11630 8,629.46 271.25 7,130.00 8,370.00 7,874.00 1,472.50 1,340.75 6,510.00 1,221.00 1,287.00 272.25 2,329.65 SUB - TOTAL: $83,272.51 Exhibit B Page 4 of 6 Change Add Deduct Add the following items to the contract: Alternate N. Carancuhua TRAFFIC ITEMS C48 Traffic Control - 1 L.S. @$15,500.00/L.S. 15,500.00 C49 White Crosswalk Markings, Thermoplastic - 304 S.F. 1,884.80 @$6.20 /S.F. C50 24" Solid White Stop Bar, Thermoplastic - 48 S.F. 595.20 @$12.40 /S.F. C51 4" Broken White Lane Line, Thermoplastic - 33 S.F. 89.43 @$2.71 /S.F. C52 Dbl. 4" Solid Yellow CL, Thermoplastic - 30 S.F. 81.30 @$2.71 /S.F. C53 Type I -C Raised Pavement Markers - 10 Ea. @$12.40/Ea. 124.00 Deduct the following quantities from the bid items: Additive Alternate No. 1 N. Carancahua from Leopard to Lipan STREET, PAVING, DRIVEWAY, & SIDEWALK ITEMS Cl Sawcut existing asphalt pavement $8,100.00 1,620 L.F. @$5.00 /L.F. C2 Remove existing asphalt pavement, 8" max 2,220.00 444 S.Y. @$5.00 /S.Y. C3 Remove existing concrete pavement, 5" max 2,220.00 444 S.Y. @$5.00 /S.Y. C4 12" Cement Stabilized Sand - 148 C.Y. @$30.00 /C.Y. 4,440.00 C5 5" Unreinforced concrete pavement - 444 S.Y. 15,540.00 @$35.00 /S.Y. C6 Prime Coat @0.16ga1/sy - 142 Gal. 710.00 @$5.00 /Gal. C7 4" HMAC Pavement, Type "D" - 444 S.Y. @$27.00 /S.Y. C8 4" HMAC Pavement, Type "C" - 444 S.Y. @$27.00/S.Y. C9 Mill & reconstruct asphalt surface w /1.5" HMAC 444 S.Y. @$34.00 /S.Y. C10 Seal Coat entire street pavement areas - 3,662 S.Y. @$5.00 /S.Y. 11,988.00 11,988.00 15,096.00 18,310.00 SUB- TOTAL: $18,274.73 ($90,612.00) Exhibit B Page 5 of 6 Change Add Deduct Deduct the following quantities from the bid items: N. Carancuhua STORMWATER ITEMS C11 Storm Water Pollution Prevention Measures - I L.S. 4,000.00 @$4,000.00/L.S. WATER ITEMS C12 12" PVC C900 DR 18 Pipe - 800 L.F. @$54.00/L.F. C13 12" x 12" DI Tee, MJ - 1 Ea. @$825.00/Ea. C14 12" x 8" DI Tee, MJ - 1 Ea. @$700.00 /Ea. C15 12" x 6" DI Tee, MJ - 2 Ea. @$400.00/Ea. C16 12" Gate Valve wBox - 3 Ea. @$1,840.00/Ea. C17 8" Gate Valve w/Box - 1 Ea. @$1,000.00 /Ea. CI 12" x 45" degree bend, DI - 6 Ea. @$400.00 /Ea. CI9 8" x 45" degree bend, DI - 4 Ea. @$250.00 /Ea. C20 8" Wet Connection - 2 Ea. @$750.00/Ea. C21 1" Service line connection water main to meter - 12 Ea. @$700.00Ba. C22 Fire Hydrant Assembly - 2 Ea. @$3,500.00 /Ea. TRAFFIC ITEMS 43,200.00 825.00 700.00 800.00 5,520.00 1,000.00 2,400.00 1,000.00 1,500.00 8,400.00 7,000.00 C23 White Crosswalk Markings Thermoplastic - 300 S.F. 1,800.00 @$6.00 /S.F. C24 24" Solid white stop bar thermoplastic - 160 S.F. 1,920.00 @$12.00 /S.F. C25 4" Broken white lane line thermoplastic - 67 S.F. 134.00 @$2.00 /S.F. C26 Type I -C Raised Pavement Marker - 10 Ea. 120.00 @$12.00/Ea. ALLOWANCE ITEMS C27 Allowance for Unanticipated Waterline Extension - 1 L.S. @$30,000.00/L.S. 30,000.00 SUB - TOTAL: $0.00 ($110,319.00) GRAND TOTAL: $263,923.43 ($200,931.00) TOTAL CHANGE ORDER: $62,992.43 Exhibit B Page 6 of 6 PROJECT BUDGET WATER MAIN IMPROVEMENTS: LEOPARD STREET (PROJECT NO. 8534) THIRD STREET (PROJECT NO. 8535) December 19, 2006 FUNDS AVAILABLE: Water $3,260,357.55 Wastewater $30,000.00 Storm Water $54,000.00 Total $3,386,441.55 FUNDS REQUIRED: Construction (SLC Construction Inc.) $2,720,501.55 Change Order No. 1 $10,125.00 Contingencies (10 %) 272,050.00 Consultant (Martinez, Guy & Maybik Inc.) 289,621.00 Testing (QA/QC) 40,559.00 Engineering Reimbursements 5,265.00 Construction Inspection Activity 44,888.00 Misc. (Printing, Advertising, etc.) 3,432.00 Total $3,386,441.55 H: \HOME\Rachelle \GEN \Water \Water System\8534 & 5535\Construction\Project Budget EXHIBIT "C" Page 1 of 1 \ Mproject\ councilexhibits \ exh8534/8535. dwg PROJECT LOCATION CORPUS CHRISTI BAY LOCATION MAP NOT TO SCALE 'STAPLES FROM LEOPARD 70 MESJRW PROJECT No. 8534/8535 VICINITY MAP NOT TO SCALE Basin EXHIBIT "D' WATER MAIN IMPROVEMENTS PROJECT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12/07/2006 OM OM IOW ■I •• 22 AGENDA MEMORANDUM City Council Action Date: December 19, 2006 SUBJECT: Sports Field Lighting Improvements - Project No. 3315. (Bond Issue 2004) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Texas Buy Board Contract with Musco Sports Field Lighting, LLC. in the amount of $898,353.00 for the Sports Field Lighting Improvements. (Bond Issue 2004). ISSUE: Under the 2000 Bond Issue, irrigation and lighting upgrades and improvements were made to several area outdoor sports facilities citywide to meet the high demand for sports facilities on a year round basis. This 2004 Bond project will provide a variety of needed improvements to approximately 14 sports fields throughout the City. This second project will address needed improvements at Youth Sports Complex, Price Park, Bill Witt Park, and Botsford Park. The first project addressed fencing improvements at the Kiwanis Softball Field located on North Beach. FUNDING: Funds for this project are available from the Parks and Recreation Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Sally Gavlik Date ge R. Escobar, P.E. Date Q°`' Director of Parks and Recreation 'rector of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Texas Buy Board Quote Exhibit "D" Location Map H: HOME1KEVINSIGEMPARKS1Spo r1sLigMing20 W 1AwdMemo.doc BACKGROUND INFORMATION SUBJECT: Sports Field Improvements Project (Project No. 3315) BOND ISSUE 2004 PROJECT PROJECT DESCRIPTION: This contract will provide for lighting improvements to the various Sports Fields. The contract under Texas Buy Board will provide for the design services, lighting procurement and the installation. The proposed Parks and Leagues will include: • Youth Sports Complex — Universal Little League • Youth Sports Complex — Westside Pony League • Price Park — Dick Runyan Field • Bill Witt Park — Padre LL League • Buccaneer LL League (Baldwin between Agnes and Beacon) • Southside Kickball League (McArdle between Weber & Everhart) • Botsford Park — Pop Warner Football League It is recommended this contract be awarded and work begins immediately to complete the baseball and kickball fields prior to season opening in March 2007, and the Pop Warner football field prior to next season in the fall. Other Sport Field Improvement projects are planned which include new concession stand, . fencing, irrigation, parking lot improvements, and miscellaneous improvements. All work is being coordinated with the leagues. The project to provide new fencing at the Kiwanis Field is complete. PROJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. PRIOR COUNCIL ACTION: 1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and e igible H:I HOMEIKEVINSIGENIPARKSISpotisLighting2007 \ AGENDA BACKGROUND.doc [EXHIBIT "A" Page 1 of 2 spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). 3. March 29, 2005 - Approval of the FY 2004 -2005 Capital Improvement Budget for $178,074,800 (Ordinance 026188). 4. September 20, 2005 — A resolution of the City Council of the City of Corpus Christi, Corpus Christi, Texas, approving the terms and conditions of an Interlocal Agreement between the Region IV Education Service. Center, which sponsors the Texas Cooperative Purchasing network (TCPN), providing for a Cooperative Purchasing Program for goods and services; designating the City Manager, or his designee, as official representative of the City of Corpus Christi relating to the program 5. September 12, 2005 — Motion authorizing the City Manager, or his designee, to execute a Construction Contract with Centennial Construction, Inc. in the amount of $38,607 for the Kiwanis Softball Field Improvement project. PRIOR ADMINISTRATIVE ACTION: 1. August 26, 2004 - Distribution of Request For Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2.. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). FUTURE COUNCIL ACTION: Approval of various construction contracts and purchase orders to complete the Sports Field Improvements in the Bond 2004 program. N: WOMEIKEVINSIGENV 'ARKSSSpartsliBMIng2007IAGENOA BACKGROUND.doc SPORTS FIELD LIGHTING IMPROVEMENTS Preliminary Project Budget December 19, 2006 FUNDS AVAILABLE: Park & Recreation 2005 CIP Fund Total FUNDS REQUIRED: $976,468.00 $976,468.00 Construction Contract $898,353.00 Project Contingency (5.0 %) $ 45,815.00 QA/QC Testing Contract $ -0- Engineering Design (included in construction price)$ -0- Surveying $ -0- Geotechnical Investigation $ -0- Construction Inspection $ 18,300.00 Engineering Project Liaison $ 8,000.00 Incidental Expenses (Printing, Advertising, etc.) $ 6,000.00 TOTAL $976,468.00 H:\HOMESKE VINS \GEMPARKS \SportsLighting20071Awd BudgetExhB.doc EXHIBIT "B" Page 1 of 1 Prof # 3315 Corpus Christi Lighting Improvements Quote/Technical Specifications Date: December 12, 2006 Submitted To: City of Corpus Christi Buy Board Quote This Scope/Technical Specification represents the agreement between Musco Sports Lighting of Texas, LLC. ( "Contractor ") and City of Corpus Christi ("C.C.") for the design, procurement and installation of ball field lighting at multiple locations. " CONTRACTOR" shall provide and install the improvements on a turn-key basis for the lump sum price as defined below. The teens of the agreement are as follows: I . "CONTRACTOR" is approved by the Texas State Purchasing Cooperative ( BuyBoard), under BuyBoard Agreement # 218 -05, and has met all the competitive bidding requirements as listed under State Law. 2. As per the contract requirements from the City of Corpus Christi, we will comply with all stipulations in the special and general provisions. 3. The scope of work shall be as defined in the proposal. This CONTRACT includes: a. Electrical Engineering Services by NRG Engineering to consist of: i. Design Phase Services 1. One (I) site visit to each field to determine scope 2. One (1) site visit to each field to document existing conditions 3. Issue final sealed set of construction drawings and specifications ii. Construction Phase Services: 1. One (1) site visit to each field to observe point to point test. b. Installation and demolition per drawings — including unloading and pole assembly /standing of new equipment, electrical to the poles, and demo of existing equipment. Payment and performance bonds c. Foundation designs d. Pricing furnished is effective through 12/31/06 unless otherwise noted and is considered confidential. Divulging technical or pricing information to competitive vendors will result in removal from the bid list. Musco Sports Lighting, LLC Pagel of Exhibit C Page 1 of 5 575 Round Rock West Dr Suite 1 -380 Round Rock, TX 78681 e. Material audit of all fixtures. f. All necessary materials. g. Installation labor. h. Supervision. i. Clean -up and test. j. Liability and Workmen's Compensation Insurance and Davis Bacon Wages. k. Davis and Bacon Wage Determinations will be applied. I. Service after the installation to ensure the upgrade operates according specifications. 4. "CONTRACTOR" Warranties for "New Light and Ballast Fixtures" are: a. Installation workmanship 1 Year b. Lamps & Ballast 25 Years or 10,000 hours per warranty 5. "CONTRACTOR" shall conduct a pre- installation meeting with "C.C.'s" Representatives prior to the start of installation. All aspects of the project shall be documented, including contracts, reporting, installation schedules, security procedures, waste disposal and equipment. 6. "CONTRACTOR" will be responsible for security of storage area for material and tools. 7. "CONTRACTOR" will follow all local, state, federal codes. In addition, the contractor will follow NEC and ASTM's applicable for all work. 8. Installation of the Ball Field Lighting modifications shall be done according to the information contained in the attached Site Specifications and will be performed during mutually agreed hours so that disturbances to the normal operations/play is minimized. 9. Any work change orders (additions or subtractions) to the CONTRACT and/or work schedules are to be submitted in writing and approved by the "C.C.'s" Engineering Department and "CONTRACTOR.". This is beyond any scope of work already addressed. 10. "CONTRACTOR" AND "C.C." shall conduct a facility inspection upon completion of each building. A Notice of Acceptance shall be authorized by the "C.C." upon approval of the completed building. 11. The payment due to "CONTRACTOR" under this CONTRACT AGREEMENT is $898,353.00 12. Request Payment Terms of Net 30 days from date of invoice for monthly progress payments. a. Late payment will be subject to service charges of 1 %% per month (18% APR) Musco Sports Lighting, LLC Paget of 5 Exhibit C Page 2of5 575 Round Rock West Or Suite1 -380 Round Rock, TX 78681 b. Musco will coordinate shipment so that delivery corresponds with the customer's payment schedule. We will expect payment within the terms described above unless there is a written statement from Musco's corporate headquarters stating the acceptance of different terms. c. Delivery to the job site from the time of order, submittal, approval, and confirmation of order details including voltage and phase, pole locations is approximately 30-45 days. 13. Work Schedule: "CONTRACTOR" shall conmience work within 10 days from the written Notice to Proceed. The "CONTRACTOR" will have complete access to all baseball and kickball fields until March 01, 2006 and complete access to the Pop Warner Football field until June 01, 2006. Therefore, the "CONTRACTOR" will complete installation work on all baseball and kickball fields by March 01, 2006 and Pop Wamer Football within 150 calendar days from the written Notice to Proceed. After March 01, 2006, the "CONTRACTOR" will have restricted access to the baseball/Idckball fields which will require disruption of play and lighting of 14 calendar days for any one field. If the total time of 150 days or the 14 calendar days per field after March 01, 2006, there are liquidated damages per the special provisions. 14. If any dispute regarding the project occurs, The "C.C." has final authority on resolution with regards to payments and suspension of work. 15. Here is what the "C.C." can expect: a. Energy savings of more than 50% over a standard lighting system b. 50% less spill and glare light than Musco's prior industry leading technology c. Musco Constant 25T"4 warranty and maintenance program that eliminates 100% of your maintenance costs for 25 years, including labor and materials d. Guaranteed constant light level of 50 foot - candles infield/30 foot - candles outfield on all ball fields, 30 foot - candles on the Pop Warner football field, and 30 foot - candles on the kickball fields for 25 years, +/- 10% per IESNA RP -06 -01 e. One (1) group re-lamp at the end of the lamps' rated life, 5000 hours f Control Link® Control & Monitoring System for flexible control and solid management of your lighting system g. Lighting Contactors sized for appropriate voltage/phasing available at field sites h. All Agreements are contingent upon strikes or delays beyond "CONTRACTOR" control. Musco Sports Lighting, LLC Page 3 of 5 Exhibit C Page 3of5 575 Round Rock West Dr Suite J -380 Round Rock, TX 78681 Site Specifications Equipment Description — Buccaneer Little League 200' Field Light - Structure GreenTM System delivered to your site in Five Easy PiecesTM • 4 - Pre -cast concrete bases • 4 - Galvanized steel poles (60') • UL Listed remote electrical component enclosure • Pole length wire harness • 16 - Factory-aimed and assembled luminaries with 1500 -watt metal halide lamps Equipment Description — Universal Little League 200' Field Light - Structure GreenTM System delivered to your site in Five Easy Pieces" • 4 - Pre-cast concrete bases • 4 - Galvanized steel poles (60') • UL Listed remote electrical component enclosure • Pole length wire harness • 18 - Factory-aimed and assembled luminaries with 1500 -watt metal halide lamps Equipment Description — Padre Little League 300' Field Light - Structure Green" System delivered to your site in Five Easy PiecesTM • 6 - Pre-cast concrete bases • 6 - Galvanized steel poles (70') • UL Listed remote electrical component enclosure • Pole length wire harness • 34 - Factory-aimed and assembled luminaries with 1500 -watt metal halide lamps Equipment Description — Westside Pony 300'/325'/300' .Baseball Field Light- Structure Green" System delivered to your site in Five Easy Pieces" • 6 - Pre -cast concrete bases • 6 - Galvanized steel poles (70') • UL Listed remote electrical component enclosure • Pole length wire harness • 36 - Factory-aimed and assembled luminaries with 1500 -watt metal halide lamps Equipment Description — Dick Runyan 305'/340'/300' Baseball Field Light- Structure GreenTM System delivered to your site in Five Easy Pieces" • 6 - Pre-cast concrete bases • 6 - Galvanized steel poles (70') • UL Listed remote electrical component enclosure • Pole length wire harness Must* Sports Lighting, LLC Page 4 or5 Exhibit C Page 4 of 5 575 Round Rock West Dr Suite J -380 Round Rock, TX 78681 • 36 - Factory-aimed and assembled luminaries with 1500 -watt metal halide lamps Equipment Description — Botsford Park Pop Warner Football Field Light - Structure GreenTM System delivered to your site in Five Easy PiecesTM • 4 - Pre -cast concrete bases • 4 - Galvanized steel poles (60') • UL Listed remote electrical component enclosure • Pole length wire harness • 18 - Factory-aimed and assembled luminaries with 1500 -watt metal halide lamps Equipment Description — Southside Kickball Fields Light- Structure GreenTM System delivered to your site in Five Easy PiecesTM • 3 - Pre-cast concrete bases • 3 - Galvanized steel poles (60') • UL Listed remote electrical component enclosure • Pole length wire harness • 16 - Factory-aimed and assembled luminaries with 1500 -watt metal halide lamps Contact Infortrttiriry Dan Allman Sales Representat e Musco Sports Lighting, LLC 575 Round Rock West Dr., Suite J -380 Round Rock, TX 78681 Phone: 866/786 -1841, ext. 1105 E -mail: dan.alhnan @musco.com Fax: 866/786 -1842 Cell: 512/658_ 9eeagin- 11,24$4 Musco Sports Lighting, LLC Page 5 of 5 Exhibit C Page 5 of 5 575 Round Rock West Dr Suite J -380 Round Rock, TX 78681 File : \Mproject \councilexh \3315.dwg BUCCANEER LITTLE LEAGUE CORPUS CHRISTI BAY YOUTH SPORTS COMPLEX — UNIVERSAL LITTLE LEAGUE YOUTH SPORTS COMPLEX - WESTSIDE PONY LEAGUE BOTSFORD PARK POP WARNER FOOTBALL LEAGUE PRICE PARK DICK RUNYAN FIELD SOUTHSIDE KICKBALL LEAGUE CAYO DEL OSO F.M. 43 PROJECT # 3315 x N FM 2444 BILL WITT PARK PADRE LITTLE LEAGUE LOCATION MAP NOT TO SCALE FLOUR BLUFF EXHIBIT "D" SPORTS FIELDS IMPROVEMENTS PROJECTS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12 -13 -2006 23 AGENDA MEMORANDUM City Council Action Date: December 19, 2006 SUBJECT: Rodd Field Village Improvement District (Project No. 7243 and 8417) AMENDMENT NO. 1 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Urban Engineering Inc. of Corpus Christi, Texas, in the amount of $115,035 for a revised total fee of $204,735 for the Rodd Field Village Improvement District. ISSUE: The proposed amendment involves the platting and infrastructure improvements to the Rodd Field Village as a result of the creation of the Rodd Field Village Improvement District. Preliminary platting has been completed and the infrastructure improvements must now be done in order to finalize the plat. This field work and staking are necessary to complete the deferment agreement, which will be taken to the Planning Commission on January 10, 2007 and to the City Council on January 16, 2007. FUNDING: Funding is available from the FY2006 -2007 Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services Eduard,aj afj :, P.E. Directo7•f 'ter Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "Cr Location Map g R. Escobar, P.E. irector of Engine -ring Services 12 " 15-0c0 V :. rie Gray, D : ctor of Storm ater Services H: WOMEVtachellelGENtWWastewaler17243 8 8417 -Redd Field*nd. No. 1 Wgende Memo2.doc BACKGROUND INFORMATION SUBJECT: Rodd Field Village Improvement District (Project No. 7243 and 8417) AMENDMENT NO. 1 PROJECT DESCRIPTION: The proposed Amendment No. 1 involves the platting and infrastructure improvements to the Rodd Field Village as a result of the creation of the Rodd Field Village Improvement District. Preliminary platting has been completed and the infrastructure improvements must now be done in order to finalize the plat. The existing street system, water system, sewer collection system and storm water system have had significant failures and /or are sub - standard and must be improved prior to the final plat being filed. The proposed project involves the design and construction of a new street, reworking an existing street, providing new water lines with fire hydrants, improvements to the storm water drainage and repairs to and lining of an existing main sewer collection line. At completion of the infrastructure improvements the comers of the new platted lots will be set and the final plat submitted for recording. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "B." PROJECT BACKGROUND: The City Council approved the concept of the Rodd Field Public Improvement District in October 2000 as the first step in bringing the area into compliance with the City's platting requirements. The establishment of the improvement district will allow the City to assess property owners the cost of platting, engineering design and installation of improvements. A/E CONSULTANT: Urban Engineering has been assisting staff with preliminary mapping of ownership surveys, preparation of briefing exhibits, review of property description, and utility analysis. They are the most familiar with the area, including potential problems with property description. Their services have included retaining a title company if necessary to address property ownership and property description irregularities. PRIOR COUNCIL ACTION: 1. August 21, 2001 — Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Urban Engineering, Inc. of Corpus Christi, Texas in the amount of $89,700 for the Rodd Field Village Improvement District. (Motion No. 2001 -319) 2. September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500. (Ordinance No. 026997) H: W OMEWechelle \GEMWestewaleri7243 8 8417 -Rodd FieldWnd. No. 1 Wgenda Background.doc CONTRACT SUMMARY 1. SCOPE OF PROJECT: Rodd Field Village Improvement District (Project No. 7243 & 8417) — AMENDMENT NO. 1 This amendment provides for the platting and infrastructure improvements to the Rodd Field Village as a result of the creation of the Rodd Field Village Improvement District. Preliminary platting has been completed and the infrastructure improvements must now be done in order to finalize the plat. The existing street system, water system, sewer collection system and storm water system have had significant failures and /or are sub- standard and must be improved prior to the final plat being filed. The proposed project involves the design and construction of a new street, reworking an existing street, providing new water lines with fire hydrants, improvements to the storm water drainage and repairs to and lining of an existing main sewer collection line. At completion of the infrastructure improvements, the corners of the new platted lots will be set and the final plat submitted for recording. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the project. 3. SCHEDULE Day Date Activity Wednesday January 3, 2007 Begin Design Friday March 9, 2007 75% Submittal Tuesday March 27, 2007 City Review Friday May 11, 2007 100% Submittal Friday May 25, 2007 City Review Wednesday June 6, 2007 Final Submittal Tuesday June 12, 2007 Advertise for Bids Thursday June 28, 2007 Pre -Bid Conference Wednesday July 11, 2007 Receive Bids Tuesday July 24, 2007 Contract Award Tuesday August 21, 2007 Begin Construction Friday April 18, 2008 Complete Construction HI HOME{Ratelle{GEMWastewater17243 & 84171Pm0. No. 1{Contrect Summary.doc 4. FEES Amendment No. 1 Breakdown by Department Street Department $3,290 Water Department $65,854 Wastewater Department $23,444 Storm Water Department $22,447 Total $115,035 H:1HOME \RachellelGEMWestowater\7243 & 8417 -Rork Field1And. No. 11Contrect Summary.doe ORIGINAL CONTRACT AMD. NO. 1 TOTAL REVISED FEE Basic Services 1 Planning & Subdivision Platting $30,000.00 $28,685.00 $58,685.00 2 Design Phase 57,200.00 37,600.00 94,800.00 3 Bid Phase 2,500.00 1,660.00 4,160.00 4 Construction Phase 0.00 25,050.00 25,050.00 Subtotal Basic Services 89,700.00 92,995.00 182,695.00 Additional Services 1 Permitting 0.00 0.00 0.00 2 ROW Acquisition Survey 0.00 0.00 0.00 3 Topographic Survey 0.00 16,000.00 16,000.00 4 Environmental Issues 0.00 3,640.00 3,640.00 5 Inspection Services 0.00 0.00 0.00 6 Start-up Services 0.00 0.00 0.00 7 Warranty 0.00 2,400.00 2,400.00 Subtotal Additional Services 0.00 22,040.00 22,040.00 Total Authorized Fee $89,700.00 $115,035.00 $204,735.00 Amendment No. 1 Breakdown by Department Street Department $3,290 Water Department $65,854 Wastewater Department $23,444 Storm Water Department $22,447 Total $115,035 H:1HOME \RachellelGEMWestowater\7243 & 8417 -Rork Field1And. No. 11Contrect Summary.doe H:\HOME\Mproject\councilexhibits\exhRODDFIELDVILL.dwg LOCATION MAP NOT TO SCALE PROJECT 7243/8417 VICINITY MAP NOT TO SCALE EXHIBIT wC" RODD FIELD VILLAGE IMPROVEMENT DISTRICT CITY COUNCIL EXHIBIT CRY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12/13/2006 illsOlo••••• 24 AGENDA MEMORANDUM AGENDA ITEM: December 19, 2006 a. Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Nueces County, developer of Rose Acres Subdivision located at the intersection of FM 665 (Old Brownsville Road) and FM 763 (OCL) for the installation of 4,645 linear feet of 16 -inch PVC water grid main; and b. Ordinance appropriating $412,183.89 from the Arterial Transmission & Grid Main Trust Fund No. 209010 -4030 to pay the Nueces County reimbursement request for the installation of 4,645 linear feet of 16 -inch PVC grid main to develop Rose Acres Subdivision; and declaring an emergency. ISSUE: Nueces County, Developer of Rose Acres Subdivision, will start the installation of 4,645 linear feet of 16 -inch PVC water grid main, once the City Council approves the Arterial Transmission and Grid Main Construction and Reimbursement Agreement and appropriates funds to pay for the installation from the Medal transmission and Grid Main Trust Fund in compliance with the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Attachments: Exhibit A Exhibit B Exhibit C Exhibit D asooyaik Deborah A. Marroquin, P.E. Interim Director of Developmenl«ervices Background Information Application for Waterline Reimbursement Application for Waterline Credit Arterial Transmission and Grid Main Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of the Rose Acres Subdivision (see Agreement, Exhibit 1) required a total extension of 4,645 linear feet of 16 -inch PVC water grid main from just west of the intersection of Saratoga Boulevard (SH 357) and FM 665 (Old Brownsville Road) , extending southwest to the intersection of FM 665 with FM 763, northwest along FM 763 and ending at the north -west corner of Rose Acres Subdivision (see Agreement, Exhibit 2). The developer submitted an Arterial Transmission and Grid Main Construction and Reimbursement Agreement (see Exhibit D) and supporting documentation in compliance with provisions of the Platting Ordinance. The Application for the Water Line Reimbursement and supporting cost documentation is attached (see Exhibit B). The total construction cost submitted by the developer for the installation of 4,645 linear feet of 16 -inch PVC water grid main is $ 415,571.89 (see Agreement, Exhibit 3). The developer submitted an Application for Water Line Credit (see Exhibit C), which allows the Developer to deduct the water acreage fee from the reimbursement and receive a credit for the water acreage fee that is applied to the water acreage fees during final plat recordation. The water acreage fee is subtracted from the amount to be reimbursed. The total cost, Tess the acreage fee credit ($415,571.89 - $3,388= $412,183.89), is $412,183.89. Reimbursement would be payable upon completion and acceptance of the water grid main work with the actual reimbursement to be determined based on the actual construction cost and not to exceed $412,1 83.89. Exhibit A Page 1 of 1 APPLICATION FOR WATERLINE REIMBURSEMENT Nueces County, a Governmental Entity, acting as developer of the proposed re-plat of Lots 17C — 17E, 18C, 18E, 20A — 200, 21A — 21E and 22A — 22E, Rose Acres Subdivision and by its governing body taking action at a noticed meeting hereby request reimbursement of $ 412,183.89 for the installation of the water grid main in conjunction with Plat of Lots 17C — 17E, 18C, 18E, 20A — 200, 21A — 21E and 22A — 22E, Rose Acres Subdivision, as provided for by City Ordinance No. 17092. Said $ 412,183.89 is the construction cost, i cluding 7.5% Engineering, in excess of the lot/acreage fee, as shown by the cost su o j, : ments attached herewith. Developer Nueces ounty By Nueces County Judge THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2006, by Date Terry Shamsie, County Judge on behalf of Nueces County. VICKI KEACH NOTARY PUBLIC STATE OF TEXAS r My Commissiorrs..r Fa-20-201 Notary Public in and for Nueces County, Texas , CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the (Distribution Main) (Grid and Arterial Main) Trust Fund, and (b) appropriation and approval by the City Council. ent Services Engineer --/—e (Date) (Date) Exhibit B Page 1 of 1 APPLICATION FOR WATERLINE CREDIT Nueces County, a Governmental Entity, acting as a developer of the proposed re -plat of Lots 17C — 17E, 18C, 18E, 20A — 20G, 21A — 21E and 22A — 22E, Rose Acres Subdivision, and by its governing body taking action at a noticed meeting hereby apply for $ 3,388.00 credit towards the water lot/acreage fee for the Grid Main extension installed in conjunction with re -plat of Lots 17C — 17E, 18C, 18E, 20A — 20G, 21A — 21E and 22A — 22E, Rose Acres Subdivision as provided for by City Ordinance No. 17092. Said $ 415 571.89 is the construction cost, includin: 7.5% Engineering, as shown by the cost supporting documents attached herewith. li Developer Nueces County By Nueces County Judge THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on Shamsie, County Judge for Nueces County. VICKI KEACH NOTARY PUBLIC STATE OF TEXAS My Commission EvIres 02- 20-2010 CERTIFICATION 9 -a6 —a6 Date 02 to , 2006, by Terry Notary Public in and for Nueces County, Texas The information submitted with this application has been reviewed and determined to be correct and a credit of $ 31 B 2 2.0 O is herewith approved. - e f:ment Services Engineer /2 /--3-QC Date Exhibit C Page 1 of 1 ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Arterial Transmission and Grid Main Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi (hereinafter "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and Nueces County, 901 Leopard Street, Corpus Christi, Texas 78401 (hereinafter "Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to subdivide a tract of land of approximately 4.79 acres called Rose Acres Subdivision located at the intersection of FM 665 (Old Brownsville Road) and FM 763 (OCL), as shown in the attached Exhibit 1; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a 16 -inch PVC grid main; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a 16 -inch PVC grid main; WHEREAS, it is essential that the 16 -inch PVC grid main be constructed along FM 665 (Old Brownsville Road) and FM 763, in connection with Rose Acres Subdivision for it will provide future service to the west on FM 665 and north on FM 763; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the 16 -inch PVC grid main needed for Rose Acres Subdivision in compliance with the City's Platting Ordinance and under the plans and specifications approved by the City Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Director of Engineering Services, to prepare plans and specifications for the 16 -inch PVC grid main, as shown in Exhibit 2, with the following basic design: (1) Install 4,645 linear feet of 16 -inch PVC grid main. (2) Install 9 (nine) 16" Resilient Seated Gate Valve Exhibit D 1 of6 (3) (4) (5) (6) (7) (8) (9) (10) Install 10 (nine) Fire Hydrant Assembly Install 1 (one) 16" DIMJ 45 degree Bend with Restraints Install 2 (two) 16" DIMJ 22.5 degree Bend with Restraints Install 1 (one) 16" DIMJ 11.25 degree Bend with Restraints Install 2 (two) 16 "x16 "x8" DIMJ Reducing Tee with Restraints Install 1 (one) 16" Plug Install 1 (one) 16" DIMJ Long Pattern Sleeve with Restraints Install 2 (two) 16 "x16 "x4" DIMJ Reducing Tee with Restraints The 16 -inch PVC grid main will be constructed along the north side of FM 665 (Old Brownsville Road) from the existing 16 -inch water line just west of the intersection with Saratoga Boulevard (SH 257) and extend southwest to the intersection of FM 665 with FM 763; and northwest along FM 763 to the north -west corner of the Rose Acres Subdivision. b. The plans and specifications shall comply with City Standard Water Detail Sheets and Standard Specifications. c. Before the Developer begins construction, the plans and specifications must be approved by the City's Director of Engineering Services. 3. SITE IMPROVEMENTS Prior to construction of the 16 -inch PVC grid main, the Developer shall acquire and dedicate to the City the required utility easement or right -of -way for the installation of the 16 -inch PVC grid main. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and include within the contract that the 16 -inch grid main shall be constructed in accordance with the approved plans and specifications and completed by December 30, 2007, 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. gas 7. DEFAULT. The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications for this project by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the construction plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project according to the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before December 30, 2007. In the event of default, the City shall have all its common law remedies in addition to the following: a. Cancellation of this reimbursement agreement without notice or cure. b. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 8. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project shall provide that the City shall be a third party beneficiary of each contract. 9. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute to Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond shall comply with Texas Govemment Code, Chapter 2253 and shall be in the form and substance as attached hereto. The performance and payment bond shall name Developer and City as joint obligees. 10. NOTICE. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform such obligation or duty, and should Developer fail to perform the required obligation or duty 3 of 6 within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. Developer will pay to City the cost of such performance within 30 days from the date Developer receives notice of the cost of such performance. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Retum Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. In the alternative, in the event of Developer's failure to cure any such breach after notice, the City may terminate this agreement. The provision for notice and cure contained herein shall not apply to a default under paragraph 7 hereinabove. 11. WARRANTY. Developer shall have contractor execute a warranty of the workmanship of and function of the arterial transmission line and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. Said warranty will be assigned and transferred to the City upon completion of this project. 12. REIMBURSEMENT. a. The City will reimburse the Developer 100% of the cost of the 16 -inch PVC grid main, upon satisfactory completion and testing in compliance with approved plans and specifications, not to exceed $412,183.89. See Cost Estimate attached hereto as Exhibit 3. b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 16 -inch PVC grid main by the professional engineer hired by the Developer. However, the expenses may not exceed 7.5% of the costs of construction of the 16 -inch grid main. 13. City agrees that it will not unreasonably withhold approval of the plans, progress, evaluations, or reimbursements under this agreement, upon verification of satisfactory inspection and testing results. 14. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this 16-inch PVC grid main construction. 15. This agreement is a covenant running with the land, Rose Acres Subdivision, a subdivision in Nueces County, Texas, and shall be recorded in the Official Public Records of Nueces County, Texas. 16. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 4. 4of 17. EFFECTIVE. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals, this day of , 2006. ATTEST: CITY OF CORPUS CHRISTI By: Armando Chapa, City Secretary George K Noe, City Manager APPROVED: 13t day of—December 2006 By: G ry '4 Smith Assistant City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2006, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas sore DEVELOPER: Nueces County By: Nueces Co y Judge By: ATTEST: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on /6 , 2006, by l rr y h,rin s i c. Nueces County Judge, on behalf of Nueces County. Notary Public, State of Texas VICKI KEACH NOTARY PUBLIC STATE OF TEXAS My Commission Expires 02 -20 -2010 6of6 uifmumuui Cost Calculations - Water Grid Main Replat of Tots 17C -17E, 18C, 18E, 20A-200,21A-21E and 22A -22E, Rose Acres Item No. Description Qty Unit Unit Price Total Price 1 16" PVC Waterline 4645 LF $ 60.00 $ 278,700.00 2 16" Resilient Seated Gate Valve 9 EA $6,000.00 $ 54,000.00 3 Fire Hydrant Assembly 9 EA 33,000.00 $ 27,000.00 4 16" D.I.M.J. 45° Bend with Restraints 1 EA $ 900.00 $ 900.00 5 16" D.I.M.J. 22.5° Bend with Restraints 2 EA $ 900.00 $ 1,800.00 6 16" D.I.M.J. 11.25° Bend with Restraints 1 EA $ 850.00 $ 850.00 7 16'x8" D.I.M.J. Reducing Tee with Restrs 2 EA $1,000.00 $ 2,000.00 8 16" Plug 1 EA $ 420.00 $ 420.00 9 16" D.I.M.J. Long Pattem Sleeve with Re 1 EA $1,100.00 $ 1,100.00 10 16X4" D.I.M.J. Reducing Tee with Restr° 1 EA 31,400.00 $ 1,400.00 Subtotal Construction Cost $ 368,170.00 Construction Contingency(5%) $ 18,408.50 Total Construction Cost $ 388,578.50 Engineering (7.5%) $ 28,993.39 Less Water Acreage Fee $ (3,388.00) $ 412,183.89 Total Water Credit/Reimbursement CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or fins seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". FIRM NAME Nueces County STREET: 901 Leopard St. Rm. 303 CRy: Corpus Christi zip: 78401 FIRM is: 1. Corporation 2. Partnership 3. Sole Owner 4. Association — 5. Other Government DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the Clty of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Job ilile and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A I certify that all information provided is t withheld disclosure of any information requ the City of Corpus Christi, Texas as chang Certifying Person: Terry Shamsie (type or Prin Signature of Certifying Person. Consultant CERTIFICATE and correct as of the date of this statement, that I have not knowingly nd that supplemental statements will be promptly submitted to Title: Nueces County Judge . Date: November 28, 2006 II Exhibit 4 I Page 1 of 1 DEFINITIONS a. "Board Member°. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. °Employee ". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. °Finn". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, Including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non -profit organizations. d. °Officiar. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. °Ownership Interest ". Legal or equitable interest, whether actually or constructively held, in a fine, including when such Interest is held through an agent, trust, estate or holding entity. °Constructively held° refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. 1. °Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. AN-ORDINANCE Page 1 of 2 APPROPRIATING $412,183.89 FROM THE ARTERIAL TRANSMISSION & GRID MAIN TRUST FUND NO. 2090104030 TO PAY THE NUECES COUNTY REIMBURSEMENT REQUEST FOR THE INSTALLATION OF 4,645 LINEAR FEET OF 16 -INCH PVC GRID MAIN TO DEVELOP ROSE ACRES SUBDIVISION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $412,183.89 be appropriated from the Arterial Transmission & Grid Main Trust Fund No. 209010 -4030 to pay the Nueces County reimbursement request for the installation of 4,645 linear feet of a 16 -inch PVC grid main to develop Rose Acres Subdivision, Lots 17C -17E, 18C, 18E, 20A -20G, 21A -21E and 22A -22E, located at the intersection of FM 665 (Old Brownsville Road) and FM 763 (OCL). SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council 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 shall take effect upon first reading as an emergency this the 19th of December, 2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: December 13, 2006 Bv: a W. Smith Assistant City Attorney For City Attorney H- \LEG -D I R \Shared \GaryS1agenda\ 2006 \12- 1910rd- AppropRoseAcres.doc Page 2 of 2 orpus Day of , 2006 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, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:1LEG -DIR \Shared \Garys\ agenda\ 2006 112- 1910rd- AppropRoseAcres.doc 25 AGENDA MEMORANDUM AGENDA ITEM: December 19, 2006 a. Motion approving an amendment to the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by C.C.T. Navigation- Cameron, LP, developer of Navigation Pointe, Block 1, Lot 1, to extend the time period for the developer to be eligible for reimbursement from December 30, 2006 to December 30, 2007 due to delays in the completion of construction and to reduce the Developer reimbursement from $110,141.25 to $82,510.20 due to decrease in platted acreage; and b. Ordinance amending Ordinance No. 026561 to reduce the appropriation from the Sanitary Sewer Collection Line Trust Fund No. 540450 - 21801 -4220 to $82,510.20 to pay the C.C.T. Navigation - Cameron, LP, request for constructing a sanitary sewer collection line; and declaring an emergency. ISSUE: C.C.T. Navigation- Cameron, LP, developer of Navigation Pointe, Block 1, Lot 1 requested an amendment to the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement because after the Agreement was approved, C.C.T. Navigation- Cameron, LP reduced the amount of land they were platting and developing from 11.879 acres to 8.615 acres. This in turn reduced the amount of the allowable maximum reimbursement from $110,141.25 to $82,510.20, a difference of $27,631.05. Additionally, the terms of the Agreement authorize the Developer's eligibility for reimbursement until December 30, 2006. The Amendment extends the time period the Developer is eligible for reimbursement until December 30, 2007. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. jtoci Deborah A. Marroquin, P.E. nterim Director of Development cervices Attachments: Exhibit A Exhibit B Exhibit C Background Information Location Map /Cost Estimate Amendment To Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: City Council approved a Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement (Ordinance No. 026561) with C.C.T. Navigation- Cameron, LP, Developer of Navigation Pointe, Block 1, Lot 1 (Exhibit B), on December 13, 2005. The Agreement provides the Developer reimbursement for a portion of the cost of installing an off -site 15 -inch sanitary sewer collection line required as a condition of platting. The maximum reimbursement approved by Council was $110,141.25. At the time Council approved the Agreement, the Developer had an approved preliminary plat that consisted of 11.879 acres. Subsequent to approval of the Agreement, the Developer submitted a revised preliminary plat with acreage reduced to 8.615 acres. The reduction in acreage requires a reduction in the maximum reimbursement calculation, which was derived using 11.50 acres as the basis for the fee value. In accordance with the reimbursement criteria in the Platting Ordinance, the developer of Navigation Pointe, Block 1, Lot 1 is eligible for a maximum reimbursement equivalent to 50% of the mathematical product obtained by multiplying the off-site pipe diameter in inches by the fee value of the property. The revised acreage fee value is 8.615 acres x $1277.00 per acre = $11,001.36. The average pipe diameter in inches is 15- inches. Therefore, the maximum reimbursement is ($11,001.36 x 15) x 50% = $82,510.20. This is a reduction of $27,631.05 from what Council originally appropriated ($110,141.24 - $82,510.20 = $27,631.05). The total construction cost submitted by the developer for the installation of 1600 linear feet of 15- inch sanitary sewer collection line is $292,778.94. This exceeds the maximum reimbursement and the Developer is responsible for $210,268.74 of the construction cost. Reimbursement is payable upon completion and acceptance of the sanitary sewer collection line work with the actual reimbursement based on the maximum reimbursement not to exceed $82,510.20. Developer is eligible for future reimbursement of the difference. As additional units are platted, he receives a credit in lieu of payment of future acreage fees. Additionally, the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement stipulates that the Developer is eligible for reimbursement until December 30, 2006. Delays in construction do not allow the Developer to meet this timeline. The amendment extends the Developer's eligibility for reimbursement until December 30, 2007. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. EXHIBIT A LOCATION MAP N.T.S. Exhibit B Page 1 of 2 Eng: Murray Hudson, P.E. By: DDR EXHIBIT D REIMBURSEMENT ESTIMATE FOR SANITARY SEWER TRUNK LINE IMPROVEMENTS NAVIGATION POINTE LOT 1, BLOCK 1 July 10, 2006 Job No.27700.A5.01 ITEM DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL 10% PRICE COST A. SANITARY SEWER REIMBURSEABLE ITEMS 1 8" PVC (10' -12' Cut) 61 67 LF $30.00 $2,010.00 2 15" PVC (16' -18' Cut) 1,042 1,146 LF $95.00 $108,870.00 3 15" PVC (18' -20' Cut) 544 598 LF $110.00 $65,780.00 4 Class 'C' Embedment 1,586 1,745 LF $11.00 $19,195.00 5 Osha Trench Protection 1,586 1,745 LF $2.50 $4,362.50 6 Well Pointing 1,586 1,745 LF $23.00 $40,135.00 7 4' Diameter Manhole (10' -12' Cut) 1 1 EA $3,000.00 $3,000.00 8 5' Diameter Manhole (16' -18' Deep) 2 2 EA $3,500.00 $7,000.00 9 5' Diameter Manhole (18' -20' Deep) 3 3 EA $4,500.00 $13,500.00 19 Tie to Existing Manhole 1 1 EA $1,000.00 $1,000.00 11 Pavement Repair 1 1 LS $2,500.00 $2,500.00 12 Adjustment of Utilities 1 1 LS $5,000.00 $5,000.00 REIMBURSEABLE ITEMS SUB - TOTAL: $272,352.50 ENGINEERING FEE © 7.5 %: $20,426.44 TOTAL ESTIMATED REIMBURSABLE ITEMS: $292,778.94 Maximum Allowable Reimbursement: Fee Value = 8.615 acres x $1277 per acre = $11,001.36 Line Size = 15" Diameter il Maximum Reimbursement = 0.5 (15" x $11001.36) = $82,510.20 1 TOTAL ESTIMATED REIMURSEABLE ITEMS: $292,778.94 LESS MAXIMUM REIMBURSEMENT: $82,510.20 DEVELOPER FUNDED PORTION: $210,268.74 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1- 361 -854 -3101 Exhibit B 1 Page 2 of 2 AMENDMENT TO SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This agreement amends the second paragraph, Section 5, and Section 6a of the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement ( "Agreement "), dated December 5, 2005 between the City of Corpus Christi ( "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas 78469 -9277 and C.C.T. Navigation- Cameron, LP ( "Developer"), of 45 NE Loop 410, Suite 290, San Antonio, TX 78216, the Agreement is incorporated herein by reference the same as if recited herein verbatim, the terms and conditions shall remain in force and effect, except as amended. A. The second paragraph of the Agreement is revised to read: WHEREAS, Developer in compliance with the City Platting Ordinance, plans to develop a tract of land, of approximately 8.615 acres called Navigation Pointe, Block 1, Lot 1 located east of Navigation Blvd. and south of Bates Drive, as shown on the attached Exhibit 1. B. Section 5 of the Agreement is revised to read: 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the Sanitary Sewer Collection Line, under the approved plans and specifications, by December 30, 2007. C. Section 6a of the Agreement is revised to read: 6. REIMBURSEMENT a. The City will reimburse the Developer 100% of the reasonable cost, not to exceed $82,510.20 of the offsite Sanitary Sewer Collection Line within 30 days upon invoicing by the Developer, if the work has been completed and has been inspected and accepted by the City. Page 1 of 3 Exhibit C 12/14/06 12/14/2006 13:36 FAX 2104937573 GALAXY 1¢1002 EXECUTED IN TRIPLICATE originals this I94‘ day of 1CCt' 2006. DEVELOPER: C.C.T. Navigation- Cameron, LP 45 NE Loop 410, Suite 290 San Antonio, TX 78216 By: Manish Verma THE STATE OF Texas COUNTY OF TtK2✓ This instrument was acknowledged before me on this +3 day of leant-Ice-4r 2006, by Manish Verma of C.C.T. Navigation- Cameron, LP. ants D-yoll-do Notary Pubpc, State of Texas My Commission Expires: October a 2009 Page 2 of 3 12/13/06 CITY OF CORPUS CHRISTI ( "City") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880 -3500 Facsimile: (361) 880 -3501 ATTEST: By: By: Armando Chapa George K. Noe City Secretary City Manager APPROVED AS TO FORM: This j4' day of i cerntcw 2006. 1 Ga ° W. Smith, Assistant City Attomey For the City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of 2006, by George K. Noe, City Manager, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State of Texas Page 3 of 3 12/14/06 f Bates Drive Bear Lane 0 0 • SGUth ` / Ii AY ite I Trae _ m r, S Vu. ai1J C J G m CD- of' ci E j J O 5 O m c 0 0 0• 0 z ZarogSsa Gloria Zapata Golden R tun _'ang .n O e 0 O Home; Road /!� Loli to Mendoza k LOCATION MAP N.T.S. Exhibit 1 Page 1 of 1 Page 1 of 2 N ORDINANCI AMENDING ORDINANCE NO. 026561 TO REDUCE THE APPROPRIATION FROM THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 540450 - 21801 -4220 TO $82,510.20 TO PAY C.C.T. NAVIGATION - CAMERON, LP, REQUEST FOR CONSTRUCTING A SANITARY SEWER COLLECTION LINE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 026561 is amended to reduce the appropriation from the Sanitary Sewer Collection Line Trust Fund No. 540450 - 21801 -4220 to $82,510.20 to pay C.C.T. Navigation- Cameron, LP, request for constructing a sanitary sewer collection line. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council 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 shall take effect upon first reading as an emergency this the 19th of December, 2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: December 13, 2006 W. Smith Assistant City Attorney For City Attorney H \LEG- DIR1Shared \GaryS\agenda1 2006\ 12- 191ORD- ReappropCCTNavigation- Cameron.doc Corp Page 2 of 2 Day of , 2006 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, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:1LEG -DI R\ Shared \GaryS \agenda\ 2006 \12- 19\ORD- ReappropCCTNavigation - Cameron. doc 26 AGENDA MEMORANDUM AGENDA ITEM: December 19, 2006 a. Motion approving an amendment to the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by C.C.T. Navigation- Cameron, LP, developer of Navigation Pointe, Block 1, Lot 1, to reflect a cost increase of $11,55625 for constructing an additional 200 linear feet of 12 -inch PVC water grid main and to extend the time period for the developer to be eligible for reimbursement from December 30, 2006 to December 31, 2007 due to delays in the completion of construction; and b. Ordinance appropriating an additional $11,556.25 from the Water Arterial Transmission & Grid Main Trust Fund No. 540450- 21805 -4030 to pay C.C.T. Navigation- Cameron, LP for constructing an additional 200 linear feet of 12 -inch PVC water grid main; and declaring an emergency. ISSUE: C.C.T. Navigation- Cameron, LP, developer of Navigation Pointe, Block 1, Lot 1 requested an amendment to the Arterial Transmission and Grid Main Construction and Reimbursement Agreement because during construction, the contractor found that the water line they proposed to connect to was damaged and an additional 200 linear feet of 12 -inch PVC water grid main construction is required to replace the damaged section of water line and make a good connection. The additional construction cost is $11,556.25 making the total reimbursement $46,864.63. Also, the terms of the original Agreement authorize the Developer's eligibility for reimbursement until December 30, 2006. The Amendment extends the time period the Developer is eligible for reimbursement until December 31, 2007. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Deborah A. Marroquin, P.E. Interim Director of Developmen ervices Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Background Information Location Map Schematic Revised Cost Estimate Amendment To Sanitary Sewer Trunk Force Main and Lift Station Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: City Council approved an Arterial Transmission & Grid Main Construction and Reimbursement Agreement (Ordinance No. 026560) with C.C.T. Navigation- Cameron, LP, Developer of Navigation Pointe, Block 1, Lot 1 (Exhibit B), on December 13, 2005. The Agreement provides the Developer reimbursement for the cost of installing a 12 -inch PVC water grid main required as a condition of platting. The reimbursement approved by Council was $35,308.35. During construction, the contractor found that the water line they propose to connect to is damaged and an additional 200 linear feet of 12 -inch PVC water grid main construction (Exhibit C) is required to replace the damaged section of water line and make a good connection. Also, an additional 12- inch gate valve and box is required. The additional construction cost is $11,556.25 making the total reimbursement $46,864.63 (Exhibit D). The Arterial Transmission & Grid Main Construction and Reimbursement Agreement stipulates that the Developer is eligible for reimbursement until December 30, 2006. Delays in construction will not allow the Developer to meet this timeline. The amendment will extend the Developer's eligibility for reimbursement until December 31, 2007. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. EXHIBIT A 2 co to M >1 c o O .c cn m 0 NLI 0 0 z Bates Drive m 0 0 0 -Bear Lone \° 7 South f`JC° 4 4 y1— ite -.re°" = Tfee 0 0 m c 0 0 o' a z Zarag Cla ,so •ia ata 0 5 Golden b. I 11 1 R vertor 'Er on e • o 1 Horne Loma Mendoza Road LOCATION MAP N.T.S. Exhibit B Page 1 of 1 J 0 a 0 tOm 2 0 0 J U (0 tO0 0 2 N 0. o. 1 Q Q 04 0 Bates Drive PROP. 15' PVC (SANITARY SEWER) 12' CAP sr B.O. 8" CAP W /2" B.O. 8" CAP W /2" B.O. 12 "x8" 0.1 CROSS NAVIAGATION POINTE Lot 1, Block 1 11.50 Acres CUP /A -1 EXIST. 12" ACP WATERUNE GRID WATERLINE DEFERMENT EXHIBIT FOR NAVIGATION POINTE, LOT 1, BLOCK Corpus Christi, Texas 100 200 GRAPHIC SCALE 1"=100' 1 Exhibit C P Acl a 1 Hof 1nU.01 12 -8 -06 MFH /kb. Eng: Murray Hudson, P.E. By:. DDR EXHIBIT B REIMBURSEMENT ESTIMATE FOR GRID WATERLINE IMPROVMENTS NAVIGATION POINTE LOT 1, BLOCK 1 Dec. 8, 2006 Job No. 27700.A5.01 ITEM DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL 10% PRICE COST A. GRID WATERLINE REIMBURSEABLE ITEMS: 1 12" PVC C -900 664 730 LE $45.00 $32,850.00 2 12" Gate Valve and Box 4 4 EA $850.00 $3,400.00 3 8" Gate Valve and Box 1 1 EA $670.00 1670.00 4 12"x8" Ductile Iron Cross 1 1 EA $550.00 1550.00 5 12" Plug 1 1 EA $200.00 $200.00 6 8" Plug 1 1 EA $125:00 $125.00 7 Fire Hydrant Assembly Complete In :lace 2 1 2 1 EA LS $2,400.00 $1,000.00 $4,800.00 $1,000.00 8 Tie to Existing Waterline REIMBURSEABLE ITEMS SUB - TOTAL: $43,595.00 ENGINEERING FEE @ 7.5 %: $3,269.63 TOTAL ESTIMATED REIMBURSEMENT: $46,864.63 Urban Engineering 2725 Swankier Corpus Christi, TX 78404 1 -361 -854 -3101 Exhibit D Page 1 of 1 AMENDMENT TO ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This agreement amends the second paragraph, Section 2a, Section 5, and Section 6a of the Arterial Transmission and Grid Main Construction and Reimbursement Agreement ( "Agreement "), dated December 20, 2005 between the City of Corpus Christi ( "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas 78469 -9277 and C.C.T. Navigation- Cameron, LP ( "Developer "), of 45 NE Loop 410, Suite 290, San Antonio, TX 78216, the Agreement is incorporated herein by reference, the same as if recited herein verbatim, the terms and conditions shall remain in force and effect, except as amended. A. The second paragraph of the Agreement is revised to read: WHEREAS, Developer in compliance with the City Platting Ordinance, plans to develop a tract of land, of approximately 8.615 acres called Navigation Pointe, Block 1, Lot 1 located east of Navigation Blvd. and south of Bates Drive, as shown on the attached Exhibit 1. B. Section 2 of the Agreement is revised to read: 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Director of Engineering Services, to prepare plans and specifications for the 12 -inch PVC arterial transmission and grid main, as shown in Exhibit 2, with the following basic design: (1) Install 664 linear feet of 12 -inch PVC transmission /grid main. (2) Install 4 (four) 12 -inch Gate Valve and Box. C. Section 5 of the Agreement is revised to read: 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. a. Developer shall award contract and complete the 12 -inch arterial transmission and grid main, in accordance with the approved plans and specifications, by December 31, 2007. Page 1 of 4 Exhibit E 12/14/06 C. Section 6a of the Agreement is revised to read: 6. REIMBURSEMENT a. The City will reimburse the Developer 100% of the cost of the 12 -inch PVC arterial transmission and grid main, not to exceed $46,864.63 within 30 days upon invoicing by the Developer, if the work has been completed, inspected and accepted by the City. The City agrees to conduct periodic inspections of the progress of the work at key points during the construction. Page 2 of 4 12/14/06 12/14/2006 13:37 FAX 2104937573 GALAXY 003 EXECUTED IN TRIPLICATE originals this I ✓ ilry day of p.c./4404-Y" , 2006. DEVELOPER: C.C.T. Navigation - Cameron, LP 45 NE Loop 410, Suite 290 San Antonio, TX 78216 Manish Verma THE STATE OF Texas COUNTY OF blIkErc This instrument was acknowledged before me on thisriday of }-aintkedt- , 2006, by Manish Verma of C.C.T. Navigation- Cameron, LP. Janice Degottado Notary Public, State of Texas My Commission Expires: October 24, 2009 Page 3 of 4 12/13/06 CITY OF CORPUS CHRISTI ( "City ") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880 -3500 Facsimile: (361) 880 -3501 ATTEST: By: By: Armando Chapa George K. Noe City Secretary City Manager APPROVED AS TO FORM: This pi-t± day of I ernsLey- 2006. lA 1lly�., Ga W.($mith, Assistant City Attorney For the City Attorney THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on the day of 2006, by George K. Noe, City Manager, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State of Texas Page 4 of 4 12/14/06 t13% r- n a as s o, • Bates Drive c aI v ite of o °o a I i- iii r+ a: Z Z r li Bear Lane Zar SO Glo i0 to Nat CD 0 tees rr.e • 0 0. Olden vertu Longgon Horne Road Lolita Mendoza LOCATION MAP N.T.S. Exhibit 1 Page 1 of 1 C0 J. 0 a 0 w 0 `o 0 U 2 N rn i a. o. CO N V) d CO 0 0 N N F • 2 X W 2 J 1/4;1 n s Bates Drive r PVC siij 8' PVC NAVIAGATION POINITE Lot 1, Block 1 11.50 Acres CUP /A -1 1 PROP. 1Y PVC (RA IGRY SERER) W 12• CAP 1/2" 8.a 8' CAP W/2' 8.0. 8' CAP Wit 8.0 125i8' 0.1. CROSS 3 ter?„r© 0 00 00 41/4"—OCIST. 12* AGP E GRAPHIC SCALE 10=100' GRID WATERLINE DEFERMENT EXHIBIT FOR NAVIGATION POINTE, LOT 1, Corpus Christi, Texas • BLOCK 1 �P'age 1 of 1 J4 hiek:na.O1 12 -8 -06 MFH /Itb. Page 1 of 2 APPROPRIATING AN ADDITIONAL $11,556.25 FROM THE WATER ARTERIAL TRANSMISSION & GRID MAIN TRUST FUND NO. 540450- 21805 -4030 TO PAY C.C.T. NAVIGATION- CAMERON, LP, FOR CONSTRUCTING AN ADDITIONAL 200 LINEAR FEET OF 12 -INCH PVC WATER GRID MAIN; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $11,556.25 is appropriated from the Water Arterial Transmission & Grid Main Trust Fund No. 540450 - 21805 -4030 to pay C.C.T. Navigation- Cameron, LP, for constructing an additional 200 linear feet of 12 -inch PVC water grid main. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council 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 shall take effect upon first reading as an emergency this the 19th of December, 2006. ATTEST: Armando Chapa City Secretary APPROVED as to form: December 13, 2006 By: xnnL a W. Smith Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor HALEG -DI RlSharedCaryS1agenda12 0 0 611 2- 1 910RD- AppopCCTNavigation- Cameron.doc Corpus Christi, Texas Page 2 of 2 Day of , 2006 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, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H: \LEG -D IR\ Shared \GaryS\ agenda\ 2006\ 12- 19\ ORD- AppopCCTNavigation- Cameron.doc 27 AGENDA MEMORANDUM AGENDA ITEM: December 19, 2006 a. Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by HEB Grocery Company, LP, owner and developer of Lots 6, 6A, 7, 10, 13, and 14 Island Business Center Annex and Lot 8, Block A, Island Business Center Unit 1, located east of Waldron Road and south of South Padre Island Drive for the installation of 1,242 linear feet of 10 -inch PVC sanitary sewer collection line; and b. Ordinance appropriating $161,377.10 from the Sanitary Sewer Collection Line Trust Fund No. 540450 - 21801 -4220 to pay HEB Grocery Company, LP, for the installation 1,242 linear feet of 10 -inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop Lots 6, 6A, 7, 10, 13, and 14 Island Business Center Annex and Lot 8, Block A, Island Business Center Unit 1; and declaring an emergency. ISSUE: HEB Grocery Company, LP, owner and developer of Lots 6, 6A, 7, 10, 13, and 14 Island Business Center Annex and Lot 8, Block A, Island Business Center Unit 1, will start the installation of 10 -inch PVC sanitary sewer collection line extends approximately 1,242 linear feet to the south, along Waldron Road, from the south west corner of Lot 8, Block A, Island Business Center Unit land terminates at Waldron Road Lift Station (No. 75) once the City Council approves the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement and appropriates funds to pay for the installation from the Sanitary Sewer Collection Line Trust Fund in compliance with the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Deborah A. Marroquin, E. Interim Director of Development rvices Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Background Information Location Map Schematic Application for Sewer Line Reimbursement Cost Estimate Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development of the HEB Plus Grocery Store located near the intersection of Waldron Road and South Padre Island Drive (Exhibit B) requires the off -site extension of a 10 -inch sanitary sewer collection line. The off -site sanitary sewer collection line extends approximately 1,242 linear feet to the south, along Waldron Road, from the south west comer of Lot 8, Block A, Island Business Center Unit 1 and terminates at Waldron Road Lift Station (No. 75) (Exhibit C). The 10 -inch sanitary sewer collection line is required to provide sanitary sewer service to the HEB Plus Grocery Store and is eligible for reimbursement as a sanitary sewer collection line in accordance with the Platting Ordinance. The 10 -inch sanitary sewer collection line is consistent with the Wastewater Collection System Master Plan Oso W.R.P Service Area, Study Area 1 and Laguna Madre WWTP Services Area Study Areas 1A, 3, & 4. The developer has submitted application for sewer line reimbursement and a Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement (see Exhibit F) with supporting documentation in compliance with provisions of the Platting Ordinance The Application for Sewer Line Reimbursement is attached (see Exhibit D). In accordance with the reimbursement criteria in the Platting Ordinance, the Developer is eligible for a maximum reimbursement equivalent to 50% of the mathematical product obtained by multiplying the off -site pipe diameter in inches by the fee value of the property. The acreage fee value is 24.249 acres x $1331.00 /acre = $32,275.42 and the average pipe diameter in inches is 10- inches. Therefore, the maximum reimbursement is ($32,275.42 x 10) x 50% = $161,377.10. The total construction cost submitted by the developer for the installation of 1,242 linear feet of 10- inch sanitary sewer collection line is $507,075.51 (Exhibit E). The construction cost is greater than the maximum reimbursement. The Developer is eligible for only the maximum reimbursement, which is $161,377.10. Reimbursement is payable upon completion and acceptance of the sanitary sewer collection line work with the actual reimbursement based on the maximum reimbursement and not to exceed $161,377.10. EXHIBIT A 0 2006 by Urban Engineering REtaRSEA1ENT EXHBIT ISLAM BUSINESS CE Ta L /T PUBLIC SANTARY SEWER AFROVEAENTS PHASE 1. LJF Exhibit Page 1 of 1 JUh0 . 31e87 0u1) 1101 ■1001 DATE 12 /13/06 BY: eow Z- Ski per c ' O 0 c c CJ 0 -C `o Valerie U _o N 0 Matlock Jester o m 0 0 -, -, .- c Scotland Webb Lak- 'de ee o m Mirr. ° c o 0 a� v o 3 Claride Marine a) ewitt c o 0 o Dema ci o o\' Judie c E ° Linnet Sou - Padre L _ % _� /��1 Fawn .e °.y a IsI.nd I►rive r d C_ U 0 c c 0 U O o Z 0 a) 46 N - `n Waldron rKnickerbocker ;Site 2006 by Urban Engineering REtaRSEA1ENT EXHBIT ISLAM BUSINESS CE Ta L /T PUBLIC SANTARY SEWER AFROVEAENTS PHASE 1. LJF Exhibit Page 1 of 1 JUh0 . 31e87 0u1) 1101 ■1001 DATE 12 /13/06 BY: eow K.! ihdli Ii liill�li1•i ifmsa Exhibit C THE STATE OF TEXAS COUNTY OF BEXAR HEB Grocery Co mpany, LP, a Texas limit-. /s nership By: Name: Todd A. Piland Title: Executive Vice President Date: /21/ 3/0 C. This instrument was acknowledged before me 011 /3 2006, by Todd A. Piland, the Executive Vice President of HEB Grocery Company, LP, a Texas limited part _, • Jmoy by •. aJ.eL..m14. :a,: :. artnership. JpAx DEBRA L. SALDANA Notary Public, State of Texas My Commission Expires March 12, 2010 CERTIFICATION Notary Public in and for the State of Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Collection Line Trust Fund, and (b) appropriation and approval by the City Council. 062007.00451 #108637 ev,Crment Services Engineer 2 /2 - /-'-O,‘ (Date) IExhibit D I Exhibit "A" Legal description of the Property Being all of Lot 8, Block A, Island Business Center Subdivision (Volume 59, Page 176); together with Lot 6, Island Business Center Annex (Volume 41, Page 99); together with Lot 6A, Island Business Center Annex (Volume 46, Page 86); together with Lot 7, Island Business Center Annex (Volume 45, Page 250); together with Lot 10, Island Business Center Annex (Volume 43, Page 101); together with Lot 13, Island Business Center Annex (Volume 53, Page 20 -21); and together with Lot 14, Island Business Center Annex (Volume 53, Pages 20 -21). 062007.00451 4108637 3 REIMBURSEMENT ESTIMATE URBAN ENGINEERING 2725 SWANTNER CC, TX 78404 Exhibit E PROJECT: Island Business Center, Phase 1 DATE: 121812006 Corpus Christi, TX JOB NO. 31687.A6.01 Item Description Quanbly +5% Unit Unit Price Total Amount A. Sanitary Sewer Improvernenfa _ 1 10' PVC (14' -18' Cut) 478 LF - $93.15 544,339.40 2 10" PVC (16' -18' Cut) 766 LF $125.00 $5 750.00 3 5' Diameter Manhole (14' -16' Deep 2 EA 511,500.00 323,090-.1313 4 5' Diameter Manhole (16' -18' Deep 1 EA 512 650.00 512 650.00 51(500.00 $i�500.00 51i D00 )G $T10�000.00 5 5' Diameter Manhole 18' -20' Deep)) -6. 6`Diartlelar Manhole 24' -26' Deep _ 1 1 EA -EA 7 10" PVC Cap 1 1 EA $1,300.00 51 30D.OD 1 8 Service Connection 9 Reconnect Exist n ervice Connection 1 EA $1 800.00 5 <600.00 10 Asphalt Pavemen, f pair 47 85 SY SF 569.00 $3,243.00 11 Sideaalk Repair - $14.95 $1270.75 12 OSHA Trench Safety 1242 LF $4.00 $3,E 13 Well Pointing 1242 LF 535.00 543,470.00 14 IF Steel casing, bored in Place - 105 LF 5brb.00 $50,3/5.00 SUB -TOTAL $422,266.15 B. Miscellaneous 1 General Conditions, Bonds and Insurance 1 LS $29,556.63 529,558.83 2 SWPPP 1 LS $5,000.00 55,000.00 SUB -TOTAL . 534,558.63 CONSTRUCTION TOTAL $458,824.78 C. Administrative 1 Engineering 1 LS $36,545.98 536,545.98 2 Construction Staking . 1 LS 513,704.74 513,704.74 ADMIN TOTAL $50 250.73 TOTAL Cost 5507,075.51 • Maximum Allowable Reimbursement 50% (Fee Value x Pipe Diameter) 0.50 (24.249 ac. (31,331.00/ac.) x 10) = 5161,377.10 5161 477 Inc S932687 00 `Therefore, maximum reimbursement is $161,377.10 1 URBAN ENGINEERING 2725 SWANTNER CC, TX 78404 Exhibit E SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement ( "Agreement ") is entered into by and between the City of Corpus Christi, a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277 (hereinafter "City "), and HEB Grocery Company, LP a Texas limited partnership, 646 South Main Avenue, San Antonio, Texas 78204 (hereinafter "Developer "). WHEREAS, Developer proposes to develop a tract of land located near the intersection of South Padre Island Drive and Waldron Road, in the City of Corpus Christi, County of Nueces, Texas, being more particularly described on Exhibit 1 attached hereto (the "Property"); WHEREAS, Developer will soon be commencing construction of infrastructure and related site improvements on the Property, in accordance with City- approved construction plans and specifications; WHEREAS, under the Platting Ordinance of the City of Corpus Christi (the "Platting Oridnance"), the Developer is responsible for the construction of a sanitary sewer collection line extension; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a sanitary sewer collection line extension; WHEREAS, it is essential that the sanitary sewer collection line extension be constructed, in connection with the development, for service to be provided upon completion of the development; WHEREAS, it is in the interest of the City and the Developer for the sanitary sewer collection line to be constructed along with the Developer's project, in accordance with the time periods set forth herein; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct a 10 -inch PVC sanitary sewer collection line (the "Sanitary Sewer Collection Line ") needed for the Property, in compliance with the City's Platting Ordinance, pursuant to the plans and specifications approved by the City Engineer in accordance with Section 2 below, and within the time period set forth in Section 5 below. 062007.00451 #108626 1 Exhibit F 2. PLANS AND SPECIFICATIONS a. Within 10 calendar days after the date upon which the City Council approves the construction of and reimbursement for the Sanitary Sewer Collection Line (the "Council Approval Date "), the Developer shall contract with a professional engineer, reasonably acceptable to the City's Director of Engineering Services, to prepare plans and specifications for the Sanitary Sewer Collection Line, as shown in Exhibit 2, with the following basic design: (1) Install 476 linear feet of 10 -inch PVC sanitary sewer collection line (14' -16' deep). (2) Install 766 linear feet of 10 -inch PVC sanitary sewer collection line (16' -18' deep). (3) Install 2 (two) 5 -foot diameter manholes (14' -16' deep). (4) Install 1 (one) 5 -foot diameter manholes (16' -18' deep). (5) Install 1 (one) 5 -foot diameter manholes (18' -20' deep). (6) Install 1 (one) 6 -foot diameter manholes (24' -26' deep). (7) Install 1 (one) 10" PVC Cap. (8) Reconnect existing service connector. (9) Repair 47 (forty- seven) square yards of asphalt pavement. (10) Repair 85 (eighty -five) square feet of sidewalk. (11) Install 1,242 linear feet of OSHA trench safety. (12) Install 1,242 linear feet of well pointing. (13) Install 105 linear feet of 18" steel casing, bored in place. (14) Performance and Payment Bonds. (15) Install SWPPP controls. (16) Install Service Connection. b. The plans and specifications shall comply with City Standard Wastewater Detail Sheets and Standard Specifications. c. The plans and specifications shall be submitted to the City's Director of Engineering Services by the 40th calendar day after the Council Approval Date. d. Before the Developer begins construction, the plans and specifications must be approved by the City's Director of Engineering Services; provided, however, that, in the event the City's Director of Engineering Services fails to approve or disapprove of the same by the 20th calendar day following the date upon which the same are submitted to the City's Director of Engineering Services, such plans and specifications shall be deemed approved. 3. SITE IMPROVEMENTS 062007.00451 #108626 2 3. SITE IMPROVEMENTS Prior to construction of the Sanitary Sewer Collection Line in accordance with this Agreement, the Developer shall acquire and dedicate to the City the required utility easement or right -of -way for the installation of the Sanitary Sewer Collection Line. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Within 70 calendar days following the Council Approval Date (except in the event of a delay in the approval of the plans and specifications by the City's Director of Engineering Services), Developer shall award a contract for the construction of the Sanitary Sewer Collection Line and shall include, within the contract, that the Sanitary Sewer Collection Line shall be constructed, in accordance with the approved plans and specifications, and completed by December 31, 2007. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this Agreement. 7. DEFAULT. Except as otherwise provided in this Agreement, the following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications for the Sanitary Sewer Collection Line, in accordance with Section 2 above, by the 10th calendar day after the Council Approval Date. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the Council Approval Date, in accordance with Section 2 above. c. Developer fails to award a contract for the construction of the Sanitary Sewer Collection Line, in accordance with the approved plans and specifications, by the 70th calendar day after the Council Approval Date, in accordance with Section 5 above. d. Developer's contractor does not reasonably pursue construction of the Sanitary Sewer Collection Line according to the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before December 31, 2007. Notwithstanding the foregoing, if Developer shall be delayed or hindered in, or prevented from, the performance of any obligation required under this Agreement by reason of Acts of God, fire, earthquake, flood, explosion, action of the elements, strike, walk out, labor trouble, failure of power, riot, insurrection, terrorism, war, invasion, mob violence, sabotage, lockout, requisition, law, or orders of government or civil or military 062007.00451#108626 3 authorities or other reason of a like nature not the fault of the Developer, then performance of such obligation shall be excused for the period of the delay and the period for cure or performance of any such act shall be extended for a period equivalent to the period of such delay. In the event of default, the City shall have all its common law remedies in addition to the following: a. Cancellation of this Agreement; or b. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the Sanitary Sewer Collection Line; provided, however, that the City shall give the Developer notice of such default and an opportunity to cure such default for a period of thirty (30) days after Developer's receipt of written notice of default from the City (or such longer time as may be reasonable if the default is not susceptible to being cured within thirty (30) days, provided that Developer shall diligently pursue the cure of the same). 8. THIRD -PARTY BENEFICIARY. Developer's (i) contract with the professional engineer for the preparation of the plans and specifications for the construction of the Sanitary Sewer Collection Line, (ii) contracts for testing services, and (iii) contract with the contractor for the construction of the Sanitary Sewer Collection Line, shall each provide that the City shall be a third party beneficiary of each contract. 9. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the Sanitary Sewer Collection Line, before beginning the work, to execute and deliver to Developer and the City (i) a performance bond if the contract is in excess of $100,000.00 or (ii) a payment bond if the contract is in excess of $25,000.00. The performance and /or payment bond shall comply with Texas Government Code, Chapter 2253 and shall be in the form and substance as attached hereto as Exhibit 3. 10. NOTICE. Should Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer, at the address stated above, of the need to perform such obligation or duty, and should Developer fail to perform the required obligation or duty within 30 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer. Developer will pay to City the cost of such performance within 30 days from the date Developer receives notice of the cost of such performance. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. In the alternative, in the event of Developer's failure to cure any such 062007.00451 #108626 4 breach after notice, the City may terminate this Agreement, in accordance with Section 7 above. 11. WARRANTY. Developer, or its contractor, shall fully warrant the workmanship of and function of the sanitary sewer gravity trunk main, sanitary sewer trunk force main, and lift station and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 12. REIMBURSEMENT. a. The City will reimburse the Developer 100% of the cost of the Sanitary Sewer Collection Line, not to exceed $161,377.10. See Cost Estimate attached hereto as Exhibit 4. b. Included in the reimbursement set forth in subparagraph a, above, City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the Sanitary Sewer Collection Line by the professional engineer hired by the Developer. However, the foregoing expenses may not exceed 7.5% of the costs of construction of the Sanitary Sewer Collection Line. 13. INDEMNIFICATION. Developer, or its contractor, shall indemnify and hold harmless the City, its agents, officers, and employees from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to the construction of the Sanitary Sewer Collection Line. 14. This Agreement is a covenant running with the Property and shall be recorded in the Official Public Records of Nueces County, Texas. 15. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 5. 16. EFFECTIVE. This Agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective successors and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals, this day of 2006. [Separate signature pages follow] 062007.00451 4108626 5 ATTEST: CITY OF CORPUS CHRISTI By: Armando Chapa, City Secretary George K. Noe, City Manager APPROVED: irk''' day of'l ec_e 4pr By: • I -I nick Qn ry W. Smith Assistant City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES , 2006 This instrument was acknowledged before me on , 2006, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas 062007.00451 8108626 6 DEVELOPER: ATTEST: HEB Grocery Company, LP, a Texas limited .artnership Bv: A. Piland Executive Vice President Name: 7)ole&L.S4ld &n6 Title: Se. E,cec. M43 to..'i THE STATE OF TEXAS COUNTY OF BEXAR ;� r This instrument was acknowledged before me on 3-_ � ro-�9— l 3 , 2006, by Todd A. Piland, the Executive Vice President of HEB Grocery Company, LP, a Texas limited partnership, on behalf of said limited partnership. 4 otary Public, State of Texas 062007.00451 #108626 7 DEBRA L. SALDANA Notary Public, State of Texas My Commission Expires March 12, 2010 EXHIBIT 1 Legal description of the Property Being all of Lot 8, Block A, Island Business Center Subdivision (Volume 59, Page 176); together with Lot 6, Island Business Center Annex (Volume 41, Page 99); together with Lot 6A, Island Business Center Annex (Volume 46, Page 86); together with Lot 7, Island Business Center Annex (Volume 45, Page 250); together with Lot 10, Island Business Center Annex (Volume 43, Page 101); together with Lot 13, Island Business Center Annex (Volume 53, Page 20 -21); and together with Lot 14, Island Business Center Annex (Volume 53, Pages 20 -21). 062007.00451 #108626 8 Matlock Q L 0 0 c c Marine ewitt ci Demo c c 0 co c/ c c a 0 Jester Scotland Webb Claride Skipper 0 o Valerie Lak- 'd 4 c 0 N c C 0 0 m 1g a N 0 2 Judie Linnet Sou Padre Mirror E Melody IsI• nd li rive 4, c c O a) c u' 4) o O cn Z O'Neill r L .0 c c N Security LOCATION MAP SCALE NOT TO SCA� Site 0) U c c 0 U O 0 • Knickerbocker REIMBURSEMENT EXb T ISLAM BUSIIESS CENTER UVT j PUBUC SANITARY ��S/�EWER II�RO VELENTS PHASE 1 2006 by Urban Engineering Exhibit 1 Page1of1 Ta rte ,�.,... 31.11.01 DATE: DATE: SLUM_ BY: J "fffilllifilitill lit! : a AN111ipif PI laiII. it T_ 11 2 I a UREA ENGINEERING CORPUS EERI N J 001014* 019P-INN RAM.IIB.®119, IRT1 9eue 6VRMV 1991 MCVBBIIS 911E 1 COORS eMat IOU/ ORE S ]W. Page 1 of 1 P E R F O R M A N C E B O N D STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT of County, Texas, hereinafter called "Principal ", and , a corporation organized under the laws of the State of and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto (name of developer and legal status, ie corporation) hereinafter called "Developer ", the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", in the penal sum of ($) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with Developer, dated the _ of _, 20 , a copy of which is hereto attached and made a part hereof, for the construction of: NOW, THEREFORE, if the principal shall faithfully perform said work in accordance with the plans, specifications and contract documents, including any changes, extensions, or guaranties, and if the principal shall repair and /or replace all defects due to faulty materials and /or workmanship that appear within a period of one (1) year from the date of completion and acceptance of improvements by the City, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Performance Bond Page 1 of 2 Exhibit 3 This bond is given to meet the requirements of Chapter 2253, Texas Government Code, and other applicable statutes of the State of Texas. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day of , 20 PRINCIPAL By: (Print Name & Title) ATTEST Secretary (Print Name) SURETY By: Attorney -in -fact (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: Phone Number: (NOTE: Date of Performance Bond must not be prior to date of contract) (Revised 9/02) Performance Bond Page 2 of 2 PAYMENT BOND STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THAT of County, Texas, hereinafter called "Principal ", and , a corporation organized under the laws of the State of and duly authorized to do business in the State of Texas, hereinafter called "Surety ", are held and firmly bound unto (name of developer and legal status, ie corporation) "Developer" and the City of Corpus Christi, a municipal corporation of Nueces County, Texas, hereinafter called "City ", and unto all persons, firms and corporations supplying labor and materials in prosecution of the work referred to in the attached contract, in the penal sum of ($) DOLLARS, lawful money of the United States, to be paid in Nueces County, Texas, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the principal entered into a certain contract with the Developer, dated the day , 20 , a copy of which is hereto attached and made a part hereof, for the construction of: NOW, THEREFORE, if the principal shall faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and material in the prosecution of the work provided for in said contract and any and all duly authorized modification of said contract that may hereinafter be made, notice of which modification to the surety is hereby expressly waived, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nueces County, Texas. And that said surety for value received hereby stipulates that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, drawings, etc., accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. Payment Bond Page 1 of 2 Exhibit 3 This bond is given to meet the requirements of Chapter 2253, Texas Government Code, and other applicable statutes of the State of Texas. The terms "Claimant ", "Labor" and "Material ", as used herein are in accordance with and as defined in said Article. The undersigned agent is hereby designated by the Surety herein as the Agent Resident in Nueces County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Art. 7.19 -1, Vernon's Texas Insurance Code. IN WITNESS WHEREOF, this instrument is executed in 4 copies, each one of which shall be deemed an original, this the day of , 20 PRINCIPAL By: (Print Name & Title) ATTEST Secretary (Print Name) SURETY By: Attorney -in -fact (Print Name) The Resident Agent of the Surety in Nueces County, Texas, for delivery of notice and service of process as: Agency: Contact Person: Address: Phone Number: (NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 9/02) Payment Bond Page 2 of 2 REIMBURSEMENT ESTIMATE URBAN ENGINEERING 2725 SWANTNER CC, TX 78404 Exhibit 4 Page 1 of 1 PROJECT: Island Business Center, Phase 1 DATE 1218/2005 Corpus Christ. TX .OB NO. 31687A6.01 Item Desaipton Quantity +5% Unit Unit Price Total Amount A. Sander/ Sewer Improvements 1 10" PVC (14-16' Cut) 478 LF $93.15 544,339.40 2 10• PVC 16' -18' C • 766 LF 125.00 595 750.00 mysijialimrini 4 ftiCr„ _;r7•rr1, ^'MJ•15[ j•1 . lussiti :v ciamild .�, Ea rt TTrffl talla., nIIJIJIJI iit.L,;ilr0..Li �;,x,•,I (f�Fy1t1, p10°PVCCB• 1 $1'300.00 1.300.00 00.0 V - , nealon 1 L7� I____'q� :� r, Ea Reconnect Exist . - .= Connection 1 ni jilt: �',i,',i� ill=`i,U',l E��' :3'r,;lslwz x,',I fifF-17=1;• iiZ9>•� ' r, �?.Ea fti11'PFI�:'.•rlG m • ace ,4 0 i. ,'1 >r, r, SUB -TOTAL $422286.15 B. Yfscellaneous 1 General Conditions,_ Bonds and Insurance 1 LS $29,558.83 529,558.83 2 SWPPP 1 L3 55,000.00 55,000.00 SUB -TOTAL $34,558.83 CONSTRUCTION TOTAL $458,824.78 C. Administrative 1 Engineering 1 LS 536,545.988 $36,545.98 2 Construction Staltlng 1 LS 513,704.74 513,704.74 ADMIN TOTAL 350,250.73 TOTAL C • - 5607,075.51 • Maximum Allowable Reimbursement 50% (Fee Value x Pipe Diameter) 0.50 (24249 as ($1,331.001ac.) x 10) = 3161,377.10 18117710 4 SW 887 m0 • -. maximum reimbursement is $161.377.10 - URBAN ENGINEERING 2725 SWANTNER CC, TX 78404 Exhibit 4 Page 1 of 1 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". FIRM NAME HEB Grocery Company, LP STREET: 646 South Main CITY: San Antonio, Texas ZIP: 78204 FIRM is: 1. Corporation 2. Partnership X 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (if known) NA NA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Title NA NA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Board, Commission or Committee NA NA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "fine ". Name Consultant NA NA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Todd A. Piland Signature of Certifying Person: Title: Executive Vice President Exhibit 5 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee ". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm ". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non -profit organizations. d. "Official ". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest ". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant ". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. e R-DINANGE Page 1 of 2 APPROPRIATING $161,377.10 FROM THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 540450- 21801 -4220 TO PAY HEB GROCERY COMPANY, LP, FOR THE INSTALLATION 1,242 LINEAR FEET OF 10 -INCH PVC SANITARY SEWER COLLECTION LINE AS SPECIFIED IN THE SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT TO DEVELOP LOTS 6, 6A, 7, 10, 13, AND 14 ISLAND BUSINESS CENTER ANNEX AND LOT 8, BLOCK A, ISLAND BUSINESS CENTER UNIT 1; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $161,377.10 be appropriated from the Sanitary Sewer Collection Line Trust Fund No. 540450 - 21801 -4220 to pay HEB Grocery Company, LP, for the installation of 1,242 linear feet of 10 -inch PVC sanitary sewer collection line to the south, along Waldron Road, from the south west corner of Lot 8, Block A, Island Business Center Unit 1 to Waldron Road Lift Station (No. 75). SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council 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 shall take effect upon first reading as an emergency this the 19th of December, 2006. ATTEST: Armando Chapa City Secretary APPROVED as to form: December 13, 2006 By: �l G ry . Smith Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor H: \LEG -DI R\ Shared\ GarySlagenda12006112- 19\ ORD- AppopHEB- IslandBusinessCenter.doc Page 2of2 Corpus Christi, Texas Day of , 2006 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, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\ LEG- DIR1Shared \GaryS\ agenda \2006112- 19\ORD- AppopHEB- Island BusinessCenter.doc 28 CITY COUNCIL AGENDA MEMORANDUM December 12, 2006 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a Use Privilege Agreement with Contractors Safety Council of the Coastal Bend ( "Owner"), for the right to install, operate, repair, replace, and maintain a private 2 -inch PVC force main along the south side of the Leopard Street public right -of -way, from 7433 Leopard Street, approximately 2,188 feet west of an existing City manhole at the intersection with Southern Minerals Road; establishing a fee of $2,338.00; and declaring an emergency. ISSUE: Naismith Engineering, Inc., on behalf of the Contractors Safety Council submitted a request to install a private 2 -inch PVC pipe along the south side of the Leopard Street right -of -way and connect into an existing City sanitary sewer manhole. 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 on an emergency basis. AC Marroquin, P.E. Acti g Director of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Background and Purpose of Agreement The Contractors Safety Council of the Coastal Bend ("Owner") requested a Use Privilege Agreement ( "UPA ") from the City of Corpus Christi ( "City") to install, operate, repair, replace and maintain a private 2 -inch PVC force main along the south side of the Leopard Street public right -of -way. Contractors Safety Council is installing the private force main from their location at 7433 Leopard Street, located west of the Southern Minerals Road intersection to an existing City manhole, approximately 2,188 feet to the west. The force main will allow the change from septic system to connection to City wastewater service. The Contractors Safety Council of the Coastal Bend will own the private 2 -inch PVC force main, and will be solely responsible for all maintenance and removal of said force main. An Engineering Permit will be required for any future repair, replacement, maintenance and removal of the force main. As -built construction plans must be submitted to the City upon completion of the 2 -inch force main installation, showing all said improvements within City rights -of -way. All public and franchised utilities were contacted. None of the City and private franchised utilities had any objections, provided the applicant meets the specified conditions set out in the UPA, including the utility separation clearance as stated in "Paragraph I" of the UPA. The applicant has been advised of and concurs with the conditions of the UPA. A one -time fee of $2,338.00 is recommended for the UPA. EXHIBIT A Page 1 of 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH CONTRACTORS SAFETY COUNCIL OF THE COASTAL BEND ( "OWNER "), FOR THE RIGHT TO INSTALL, OPERATE, REPAIR, REPLACE, AND MAINTAIN A PRIVATE 2 -INCH PVC FORCE MAIN ALONG THE SOUTH SIDE OF THE LEOPARD STREET PUBLIC RIGHT -OF -WAY, FROM 7433 LEOPARD STREET, APPROXIMATELY 2,188 FEET WEST OF AN EXISTING CITY MANHOLE AT THE INTERSECTION WITH SOUTHERN MINERALS ROAD; ESTABLISHING A FEE OF $2,338.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a use privilege agreement with Contractors Safety Council of the Coastal Bend ( "Owner ") for the right to install, operate, repair, replace, and maintain a private 2 -inch PVC force main along the south side of the Leopard Street public right -of -way, from 7433 Leopard Street, approximately 2,188 feet west of an existing city manhole at the intersection with Southern Minerals Road. SECTION 2. That Owner shall 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 shall be responsible for any damage to all existing city and private utilities within the construction area. 2. Owner shall call DIG -TESS a minimum of 48 to 72 hours prior to any excavation in the Improvement area. 3. Owner shall comply with the required utility separation clearance as stated in "Paragraph I "of the Use Privilege Agreement. 4. Owner shall notify City Water, Wastewater, Gas, and Storm Water Departments and all private utility companies, 48 hours prior to any construction work. 5. Owner shall obtain an Engineering Permit for any future maintenance and removal of the private 2 -inch PVC force main. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council 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 EXHIBIT B Page 1 of 3 ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 19`h of December, 2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: December 13, 2006 By: Gary W. Smith Assistant City Attorney For City Attorney Henry Garrett Mayor EXHIBIT B Page 2 of 3 Corpus Christi, Texas Day of , 2006 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, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott EXHIBIT B Page 3 of 3 �, CITY O f !i''! CORPUS ..a CHRISTI Development Services Department CITY COUNCIL EXHIBIT DEVELOPMENT SERVCES DEPARTMENT PROJECT LOCATION MAP CONTRACTOR'S SAFETY COUNCIL 7433 LEOPARD STREET EXHIBIT C Page 1 of 1 29 CITY COUNCIL AGENDA MEMORANDUM DATE: December 14, 2006 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a Use Privilege Agreement with Kalogridis and Kalogridis Development, LLC and First Commerce Bank ( "Owner"), for the right to construct, operate, repair, replace, and maintain a private 2 -inch PVC force main to extend approximately 448- linear feet within a City utility easement and the Palmira Avenue street right -of -way; establishing a fee of $598.00- and declaring an emergency. ISSUE: Kalogridis and Kalogridis Development, LLC submitted a request to construct a 2 -inch PVC force main along the Palmira Avenue street right -of -way to provide wastewater service to their development site. 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. �/� if..c 1 /ins00 A• -Lie arroquin, P.E., Interi rector of Development Services Attachments: Exhibit A - Background Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Kalogridis and Kalogridis Development, LLC. and First Commerce Bank ( "Owner"), requested a Use Privilege Agreement (UPA) from the City to install, operate, repair, replace, and maintain, a private 2 -inch PVC Force Main, approximately 448 - linear feet in length within an existing City utility easement and the Palmira Avenue street right -of -way (ROW). The installation of the private force main will provide wastewater service for the development of Padre Island No 1, Block 16, Lots 4A, 4B, 5A, 5B, XB & 6B. First Commerce Bank has the property located at 15715 South Padre Island Drive under contract of sale to Kalogridis and Kalogridis Development, LLC., and upon the closing of the sale of said property to Kalogridis and Kalogridis Development, LLC., the rights, obligations, and duties of First Commerce Bank shall expire and be of no further effect. The force main will be located within the east side of the Palmira Avenue street ROW and will run approximately 102 - linear feet east from an existing City manhole within the City utility easement cross Palmira Avenue, then turn south approximately 338 - linear feet along the east side of the Palmira Avenue street ROW, then east 8 -feet within the Palmira Avenue ROW, into private property. The Owner will own the private force main, and will be solely responsible for all maintenance and removal of said main. An Engineering Permit will be required for any future maintenance and removal of the private 2 -inch PVC Force Main. Permanent line markers will be placed as close as practical over the force main on either side of the Palmira Avenue street ROW to indicate the location of said private force main. Line markers will contain labeling identifying owner and size of the force main. All City and private franchised utilities were contacted regarding this UPA. The City Water Department is requiring that the owner encase the private 2 -inch PVC force main when horizontally crossing their existing water line and that Owner comply with the minimum horizontal and vertical utility separation requirements as required by TCEQ. Owner must also encase the private 2 -inch PVC force main when crossing the Palmira Avenue street right -of -way. None of the other City and private franchised utilities had any objections, provided the applicant meets the specified conditions set out in the UPA including the utility separation clearance as stated in "Paragraph I 'of the UPA. The applicant has been advised and concurs with all the conditions of the UPA. A previous owner, Ordinance 026122 passed on January 25, 2006, did not comply with all of the terms of the previously executed Use Privilege Agreement. The previous owner paid the UPA fee of $ 598.00. The Owner will complete the construction of the 2 -inch force main and supply a certificate of insurance in accordance with terms of the new agreement. EXHIBIT A Page 1 of 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE PRIVILEGE AGREEMENT WITH KALAGRIDAS AND KALAGRIDAS DEVELOPMENT, LLC AND FIRST COMMERCE BANK ( "OWNER "), FOR THE RIGHT TO CONSTRUCT, OPERATE, REPAIR, REPLACE, AND MAINTAIN A PRIVATE 2 -INCH PVC FORCE MAIN TO EXTEND APPROXIMATELY 448- LINEAR FEE WITHIN A CITY UTILITY EASEMENT AND THE PLAMIRA AVENUE STREET RIGHT -OF -WAY; ESTABLISHING A FEE OF $598.00; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a Use Privilege Agreement ( "UPA ") with Kalogridis and Kalogridis Development, LLC and First Commerce Bank ( "Owner "), for the right to construct, operate, repair, replace, and maintain a private 2 -inch PVC force main to extend approximately 448 - linear fee within a City utility easement and the Palmira Avenue street right -of -way to provide wastewater service to their development site. SECTION 2. That Owner will 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. It is understood that First Commerce Bank owns the property located at 15715 South Padre Island Drive under contract of sale to Kalogridis and Kalogridis Development, LLC., and upon the closing of the sale of said property to Kalogridis and Kalogridis Development, LLC., the rights, obligations, and duties of First Commerce Bank shall expire and be of no further effect. 2. The previous owner paid the fee but did not comply with terms of Agreement. UPA fee of $ 598.00 was paid on January 21, 2005, therefore no fee is required. 2. Owner must encase the private force main in PVC casing when crossing the Palmira Avenue right -of -way and any existing City water or wastewater lines as stated in "Paragraph K" of the Use Privilege Agreement. 3. Owner must place and maintain permanent type line markers as close as practical over the force main on either side of the Palmira Avenue right -of -way. Markers must contain labeling identifying force main owner. 4. Owner must comply with the required utility separation clearance as stated in "Paragraph 1" of the Use Privilege Agreement and maintain the minimum EXHIBIT B Page 1 of 3 horizontal and vertical utility separation requirements as required by Texas Commission on Environmental Quality. 5. Owner must notify City Water, Wastewater, Gas, and Storm Water Departments and all private utility companies at least 48 hours prior to any construction work. 6. Owner will be responsible for any damage to waterlines and all other existing utilities within the construction areas. 7. Owner must have construction plans prepared and submitted for City review and approval prior to construction. 8. Owner will construct at his cost and will maintain at his cost. An Engineering Permit will be required for any future maintenance and removal of the private 2- inch PVC Force Main. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council 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 shall take effect upon first reading as an emergency this the 19th of December, 2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: December 13, 2006 By: Gary W. Smith Assistant City Attorney For City Attorney Henry Garrett Mayor EXHIBIT B Page 2 of 3 Corpus Christi, Texas Day of , 2006 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, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott EXHIBIT B Page 3 of 3 111 MI I/ a ow No NM ow MI mix r an a in i'a . as um I a . i=i •1a in.n LI Min WHILE CAP BOULEVARD Sam • IMMO is an 111 rnrpi • Ill �••,• 4 NMI -i -- one air teat terlitt sees istair • Alt Miff min • Awir • is �� t�I� 1 ��•�•�• °i ��1 4 ►- .• a tat.. 41% • • t , • • Sae • ♦ ♦4 • • ♦ ♦ • ♦ ♦♦♦ "'ll'llllilllllli'! PROJ ECT LOCATION Loqption Map 6 w rr 0 a CITY of. CORPUS CHRISTI Development Services Department CITY COUNCIL EXHIBIT DEVELOPMENT SERVCES DEPARTMENT PROJECT LOCATION MAP Kalogridis and Kalogridis Development, LLC. 15715 S. Padre Island Drive (Park Road 22) EXHIBIT C Pepe 1 of 2 CITY of _ la L► CORPUS to CHRISTI Development Sew Department CITY COUNCIL EXHIBIT DEVELOPMENT SERVCES DEPARTMENT PROJECT LOCATION MAP Kalogridis and Kalogridis Development, LLC. 15715 S. Padre Island Drive (Park Road 22) EXHIBIT C Pape 2 of 2 30 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 19, 2006 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a purchase agreement with Dialogic Communications Corporation in the amount of $65,000.00. This purchase enhances an already procured application from Dialogic Communications Corporation utilized by Emergency Operations groups of Corpus Christi, Nueces and Kleberg Counties. WISSUE: Enhancement ofthe emergency notification system will allow all contributing agencies to utilize the system for routine and emergency events by providing an enhanced web based interface eliminating the need to access one of the two terminals currently located in Corpus Christi's facilities. The regular and consistent use of the system will ensure a familiarity with the notifications and increase the effectiveness of emergency notifications. This upgrade will ensure we stay current with technology and do not encounter system crashes or interface issues as the major platform vendors move through their product lifecycles. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000 or those requiring an appropriation. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motions as presented NAME Director of Department Name Attachments: Dialogic Communications Corporation Quote October 9, 2006 H:U 915- DIR'CONNIE\Budget- FY0607 Agenda Itam\Dialogic Upgrade Council Agenda Item 12- 19- 2006.doc BACKGROUND INFORMATION The Dialogic Communications Corporation Communicator product was purchased by the Local Emergency Planning Committee in 2001 and transferred to the City of Corpus Christi to maintain and operate under the Office of Emergency Management. In May 2004 the City of Corpus Christi performed a minimal upgrade to the system in response to Microsoft and Dialogic Communications Corporation discontinued support of the Windows NT 4.0 operating system. The system is paid for through an inter -local agreement between the City, Nueces County, Kleberg County and San Patricio County. Due to lack of access to the system, San Patricio County has opted out of the Inter -local agreement to pursue their own Emergency Notification System. H:\ MLS- DIR\CONNIEIaudget- FY0607Ugrnda Items\Dialogic Upgrade Council Agenda Item 12- 19- 2006.doc DIALOGIC COMMUNICATIONS CORPORATION City of Corpus Christi Combo Onsite ! Offsite System Upgrade October 9, 2006 Prepared by Lynn Barousse On -Site System (Using Web)Iliosted Back -up 24 LINE Communicator Base Engine NXT Web Browser Interface for 5 ConCurrent Users Text-To-Speech Messaging (24 ports) GeoCast Web Mapping Module (5 concurrent seats. Site to provide ArcIMS) 1 Call Offsite Backup wI $0.17 per 60 second call Data Sync NXT Offsite Backup Existing Customer 25% Discount Super Micro Web Servers (Single Processor Raid 1) On -Site Domestic Installation On -Site Training Customer to provide Map & Telephone Data formatted per DCC specifications TOTAL Unit Price Units Price $ 40,000 $ 12,500 $ 2,750 $ 11,750 $ 2,500 $ 2,500 $ (18,000) $ 9,100 $ 1,500 $ 1,200 1 $ 40,000 1 $ 12,500 1 $ 2,750 1 $ 11,750 1 NIA 1 N/A 1 $ (18,000) 1 $ 9,100 3 $ 4,500 2 $ 2,400 $ 65,000 31 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: (A) Motion adopting the timetable for the FY2007 Consolidated Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) programs. (B) Motion reaffirming Community Development Block Grant and HOME Investment Partnerships Program objectives and guidelines as previously approved and amended by City Council Policy No. 9. REQUIRED COUNCIL ACTION: Adopting the timetable for the FY2007 Consolidated Annual Action Plan (CAAP) and reaffirming the amended Community Development Block Grant (CDBG) Program objectives and guidelines as adopted by City Council and include the HOME Program. RECOMMENDATION: Staff recommends adoption of the timetable for the FY2007 CAAP process and reaffirmation of the amended Community Development Block Grant Program objectives and guidelines and includes the HOME Program. IMPLEMENTATION SCHEDULE: FY2007 CAAP Timetable Daniel Gall os J tb CD Administrator ADDITIONAL SUPPORT MATERIAL Background Information DI FY2007 Schedule BI CDBG Guidelines Dt AGENDA MEMORANDUM BACKGROUND INFORMATION a. Each year the City Council approves the upcoming Community Planning and Development (CPD) Grant Programs planning and an implementation calendar. The FY07 CAAP is the application for funding under the CPD formula grant programs administered through the U.S. Housing and Urban Development (HUD) that includes the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants (ESG) Programs. The FY07 CAAP will embark the 5th year of the five -year Consolidated Plan. The proposed schedule enclosed as Attachment "A" provides a comprehensive list of activities. Key dates are: January 26, 2007 - Pre - application form Due February 1, 2007 - Release Full Application (Request for Proposals) for the CDBG, HOME and ESG Programs February 28, 2007 - Deadline to submit Full Application (Request for Proposals) for the CDBG, ESG and HOME Programs April 10, 2007 - City Council Public Hearing June 14, 2007 - Action Plan submission to HUD This year will embark a change for the FY2007 CAAP process. A Pre - Application form will be submitted to the Community Development (CD) Office for all interested applicants intending to submit a Full Application (Request for the Proposal) for the CDBG, HOME and ESG programs. This will allow the CD Office to review and screen all proposals for eligibility and other requirements prior to submittal of the Full Application (Request for Proposal). One -on -one interviews will be scheduled for all applicants who have not previously received CDBG, HOME or ESG funding for the same, or a very similar planned project. The CD Office will continue holding neighborhood and technical assistance workshops in January and February. Meeting and workshop notices will be published in the general paper circulation and also mailed to interested organizations. Technical assistance workshops will also be held and mandatory for all interested applicants submitting a Full Application (Request for Proposal) for the CDBG, HOME and ESG programs. As a reminder, City Council had asked to streamline the CAAP process by adding a public hearing during the times we held a Technical Assistance Workshop. As a result, this eliminated the need to go before the Planning Commission for any further review and /or recommendations. The required citizen's comment period followed prior to making this change. Furthermore, information will be forwarded to the local media to increase citizen participation. The adopted schedule will be also be added to the City's website. b. Over the 32 years of the CDBG Program, the City Council has gradually developed concise set of City Council policies for the CDBG Program. In March 1994, these policies were formally codified into the policies and general rules and procedures of the City Council. Each year at the beginning of the process, CD staff brings these policies back to the City Council for reaffirmation for their continued use. These policies and general rules have allowed for flexibility for the programs that have served the Council and the City extremely well over the years. Staff recommends that the Council reaffirm the amended CDBG Program objectives and guidelines and include the HOME Program as enclosed in Attachment "B." ATTACHMENT "A" COMMUNITY DEVELOPMENNT OFFICE COMMUNITY PLANNING & DEVELOPMENT (CPD) PROGRAMMING FY2007 CONSOLIDATED ANNUAL ACTION PLAN (CAAP) SCHEDULE December 31 Publish Technical Assistance Workshops /Neighborhood Meeting(s) /Public Hearings /Deadlines for Pre - Applications & Full Applications (Request for Proposals) January & February Preliminary Planning/ Technical Assistance Workshops /Neighborhood Meeting(s) /Public Hearing Presentation January 2 Release Pre - Application form (CDBG, HOME and ESG Programs) January 26 Deadline to submit Pre - Application form (Mandatory for CDBG, HOME and ESG programs) February 1 Release Full Application (Request for Proposal) for the CDBG, HOME and ESG Programs February 28 Deadline to submit Full Application (Request for Proposal) March 30 Forward to City Council FY2007 CAAP books April 1 Publication of City Council Public Hearing on the Proposed FY2007 CAAP April 10 City Council Public Hearing - Proposed FY2007 CAAP with Staff Recommendations for Full Applications submitted April 17 *City Council Adoption - FY2007 CRAP April 26 Submit Final FY2007 CAAP Summary & Proposed Use to Caller - Times April 29 Publication of Final FY2007 CAAP Summary April 30 30 day Citizen's Comment Period begins May 4 Notify Council of Governments (COG) of FY2007 CDBG Projects (Executive Order 12372 Requirement) May 29 End of Citizen's Comment Period for the FY2007 CAAP June 14 Submit FY2007 CAAP to HUD (Due by June 16) July 16 HUD 15 day comment period - Notice of Finding of No Significant Impact and Notice of Intent to Request a Release of Funds * Due to elections, City Council may opt to adopt the FY2007 CAAP on April 10, 2007 ATTACHMENT "B" RESOLUTION - MARCH 22, 1994 021901* Reaffirmed & Amended on December 20, 2005 COMMUNITY DEVELOPMENT BLOCK GRANT & HOME PROGRAMS Through the Community Development Block Grant Program, the City Council provides for the development and preservation of a viable urban community, a suitable living environment, decent housing and expanded economic opportunities, principally for persons of low and moderate income, and aids in the prevention or elimination of slums and blight. The City carries out its objectives by providing for appropriate streets and drainage, housing, recreational opportunities, neighborhood preservation, and revitalization, and economic development as needed. To ensure that these objectives are achieved, the following guidelines shall be as follows: a. No Community Development Block Grant Funds be authorized to applicant agencies for the support of operating expenses with the exception of economic development projects which create jobs. b. No capital grants will be made without sufficient evidence of the financial capacity of the applying agency to operate the program. c. Priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds. d. Housing shall be maintained as the top priority for the CDBG program as well as placing greater emphasis on public infrastructure (City) in CDBG eligible tracts. e. A CDBG funded project will be eligible for future CDBG funding at a minimum of two years from the date of its last funding, excludes City projects. f. Program Income generated from the CDBG Housing Program is a revolving fund and will be applied towards the Single Family Rehabilitation and Reconstruction Loan Program. Program Income generated from the HOME Program will be applied towards maintaining or creating affordable housing in our community. * Adopting Policies and General Rules and Procedures of the City Council 32 CITY COUNCIL AGENDA MEMORANDUM December 19, 2006 AGENDA ITEM: Resolution adopting the Corpus Christi Commercial Revitalization Local Strategic Plan. ISSUE: According to the Community Renewal Act of 2000, local governments and states who have a federally designated Renewal Community in their jurisdiction are required to adopt a plan for allocating the Commercial Revitalization Deductions. The attached plan is similar to the plan adopted in 2005 and must be submitted to the Governor's office by December 31, 2006. The plan specifies the process for receiving applications, designates two (2) time periods for submittal of applications, The new plan removes language specifying amounts to be allocated to small and large businesses as we are seeking the greatest amount of flexibility for the use of CRD allocations. REQUIRED COUNCIL ACTION: Approve the resolution as presented. CONCLUSION AND RECOMMENDATION: City staff recommends approval of the Corpus Christi Renewal Community Local Strategic Plan. o.�jlivv e, e v� Irma Caballero, Director Economic Development City of s City of Corpus Christi 2006 -2007 Renewal Community Commercial Revitalization Local Strategic Plan 1) The Coordinating Responsible Authority (CoRA) for the Corpus Christi Renewal Community will submit contact information to the Office of the Governor. 2) The process for receiving applications is as follows: a. Public notice inviting applications for commercial revitalization allocations will be published in the Corpus Christi Caller -Times at a minimum of once a year indicating deadlines for submitting applications. The Public Notice will provide applicants a minimum of 30 days notice of the deadline to submit applications. b. Two Renewal Community bus tours will be held each year -one in Spring and one in the Fall. c. Small Business Development seminars will be held in the Spring and Fall of each year. d. Application information will be available by contacting the CoRA and via the City of Corpus Christi's web site, or by contacting the Renewal Community consultant, Mannti Cummins @ mannti@cummins-cpa.com e. Applications will be reviewed for completion and considered only if: i. The building and its structural components will be replaced in service by the taxpayer in the Renewal Community and the original use of the building will begin with the taxpayer or the building will be substantially rehabilitated by the taxpayer and is placed in service by the taxpayer after the rehabilitation in the Renewal Community. ii. The expenditures of the project meet the statutory requirement of the allowable Commercial Revitalization expenditures. iii. Request of allocation is less than $10 million. iv. The applicant is in good standing with the Texas Comptroller of Public Accounts and the Texas Workforce Commission has confirmed that the applicant is current on unemployment insurance tax. 3) Project applications will be accepted through July 31 of each year. At that time all applications will be reviewed and selected based upon priorities established in this plan. 4) The CoRA will review the completed applications meeting the requirements in Section E of this plan and make recommendations through the City Manager, as the CEO of the governing body, to the City Council based on the following criteria: a. The project will add value to the existing tax base. b. The project proposes to directly or indirectly create or retain a minimum of ten (10) permanent full -time jobs in the Renewal Community. c. The project adds residential and commercial square footage in the Renewal Community. d. The applicant has completed the project or has financing in place to complete the project. e. The project contributes to the City's Area Development Plans. f. The Applicant demonstrates active involvement of residents and nonprofit groups within the renewal community. g. The project is located in a Texas Enterprise Zone, Reinvestment Zone, Weed and Seed area, CDBG eligible area, or HUB Zone. h. Project is eliminating slum or blight in a particular area within the Renewal Community. i. Project is appropriately zoned. j. Project will be completed by the end of the second calendar year in which the allocation is made. k. Project is a public/private partnership with the City and /or is a project of the Corpus Christi Regional Economic Development Corporation (CCREDC). I. Project provides housing in Census Tract 3. m. Applicant commits to providing information on actual jobs created and retained as a result of the proposed project. City Council will review the recommendations made by CoRA through the City Manager and will consider approval of the applications based on the criteria set above at the City Council meeting. If CRD Tax Credits are still available, another public notice will be issued no later than the first week in September of the same year. 5) Within 10 working days following the approval of applications by the City Council, the CoRA will submit to the office of the Governor the following documentation: a. A certification signed by the City Manager as the CEO of the governing body that the governing body has followed the procedures as indicated in this plan and to the best of his or her knowledge, each application approved by the City Council is complete and meets the requirements of the Commercial Revitalization Deduction (CRD) Program. b. Copy of each application nominated by the City Council to receive the CRD allocations, public notice for the application process, governing body's motion nominating the project, reasonable explanation for each project being selected or denied and identifies the criteria set forth above in the explanation. 6) The Renewal Community CoRA will submit an annual report to the Community Renewal Agency (CRA) describing the status of each active project in its jurisdiction receiving CRD allocations. The annual reports will be due March 1 of each calendar year beginning in 2003 and ending in 2010 and reporting on activity ending December 31 of the previous year. The report will include the following information: a. Status of all projects currently in process in addition to those already in service (including success stories, press releases, and any other news coverage). b. A brief narrative describing the impact of the CRD on the RC. c. Number of direct and indirect jobs both new and retained and approximate average salary. d. Copy of the Renewal Community's annual report to the U.S. Department of Housing and Urban Development. RESOLUTION ADOPTING THE CORPUS CHRISTI COMMERCIAL REVITALIZATION LOCAL STRATEGIC PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council, as the governing body of the City of Corpus Christi, adopts the City of Corpus Christi Commercial Revitalization Local Strategic Plan for the City's Renewal Community Commercial Revitalization Deduction Allocation Program. The plan is attached to this resolution as Attachment 1. This plan replaces the plan adopted on December 22, 2005 by Resolution 026588. SECTION 2. The City Manager is directed to forward a copy of this resolution and the City of Corpus Christi Commercial Revitalization Local Strategic Plan to the Executive Director, Texas Department of Economic Development. ATTEST: Armando Chapa City Secretary APPROVED: December 13, 2006. By: Yf� G5ry 1A1. Smith Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor Renewal Community Strategic Plan 061219 Corpus Christi, Texas of , 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Renewal Community Strategic Plan 061219 33 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 19, 2006 AGENDA ITEM: Motion approving a $5.00 per person admission fee for "Art in the Park ", sponsored by Friends of the Park, held from April 27 through April 29, 2007 in Sherrill Park ISSUE: Friends of the Park is seeking to sponsor "Art in the Park" to be held in Sherrill Park April 27 through 29, 2007, pending all permit requirements. REQUIRED COUNCIL ACTION: Council action is required to authorize admission fee for special events. PREVIOUS COUNCIL ACTION: none CONCLUSION AND RECOMMENDATION: Staff recommends that the Council approve the motion j"& /t4< Sally Ga ik, Director Parks a Recreation Attachment: Special Event Agreement Park & Recreation Department Special Event Agreement Event Name: /ark- 1A he. fork Event Date: V--2 7 h y'1 %tl7 Name of Park or F ciliiyfy;) SAeri, /( AAA. ZEvent Setup Time X/1riv Start Time// e-1- ifij End Time:''� /74- 94CleanedUp By: 5'314a/'e W Curfew: Alcohol Bev rage Finish: * 5 Expected Attendance: lilt Event Sponsor. 9=ri and s of fie rA4 k Email: /Nn €m.="4-of al-P ✓A CE. lie( iy Contact Person 1:C. A.f;- ye. tire Phone (H):8$7243p Phone (W):$37- t1gFAX:98, � 7 Contact Person 2:.D - ar1sa 11 Phone (H):1C4t -2y 3% Phone (W): tire -7457 FAX: N .4 Your Mailing Address: (6. floc 92 4Q3 (orr,.s Qkr,s1,7'T Zip :13W63 Total Fees: So Kt, aroed Amount Paid: Date Paid: Receipt #: W- Deposit: Amount Paid: Date Paid: Receipt #: Ili City Services or Facilities Requested: C-.Apn Aide- eJ .d P6„ cs c fib. 16 Cob Pas Amphitheater rental fees refunded 11 event is a one week before scltadued or rained out The original receipt mud be returned to begin refund process. The Special Event Agreement fee le eel refundable. .. la Ikt Insurance: Spacial Event Liability: 7 Liquor Liability: one: (. = Vendors for Inflatable% Pony Rides ex Other N /A rCity mat be named as additional insured on all required Mamma policies. Acopy of the policy must be received al hut 2 weeks in advance. Site Plan: Required to show locution of all temporary structures, vehicles, tents, portable toilets etc. 1 ( Trash Plan: Requited to show site cleanup and trash collection, including disposal and recycling plan. z Street Closure: As required for the event or to control psdng in adjacent neighborhoods. Ql f, Solicitation Permit: 501(c)(3)#: rots a Alcohol Permit: Permission to sell: TABC #: Required if alcohol Is consumed at any event held on qty park properly -A minimum of 51. 000,000 Liquor Liability ita Health Department Permits: Required if food Is Served to gee general public. N s. Music Festival Permit Required of Concert Premolar% I ❑ Off Road Vehicle Permit: Required tf vehicles are approved for access to grassy perk erase. Y ❑ Fireworks: Required by Fite Depadment if fireworks are used. It X Building Permit/ Certificate of Occupancy: Required if temporary structures, electricity, food or tents 0 ❑ Parade /p�ermit: R ui by Police of any event lint parades, walks or rumen oily stre or sidewalks. I Insurance is required. are used. �7 Other. EW.r,1 ley m't' ntn dis Civic &o-k Pe e- Required at ALL events: - E Water: Oinking water must be svailable at all events. ill First Aid Station: Required of all events. 1g Indemnity Form: Requite of all events. y [f Trash Disposal: # of Trash Cans Needed: Dumpster. IId Cleanup: pSponsor will dean &msinWn site during & after event or rekaure. City for cleanup. 55 potion bash an liners must be used by event organizers. Facility requirements are site specific and determinations will be made on an event by event basis. J — of Parking: - On Site: Street Parking: Satellite Parking: Mass Transportation: Q ;i Required f attendance exceeds he allocated available mittens capacity odds site. 0e not obgheh motor vehicle pavement maddngs or damage perkhp Willies - repairs will be charged to sponswlorgantrer. X Accessible parking with curb cut/ramp available. ® Toilets: Accessible: Reg led if edendance exceeds capacity of misers iadmee. Dr Electricity: Temporary Power. K❑ Traffic Control: To antral Mama on public streets around event she Cali 886 -2686 if event exceeds soo people. ❑ EMS (Emergency Medical Services) Corpus Christi EMS notified: v LL ❑ On Site Security: Requited el epanaor for crowd and perimeter control: 16 ❑ Neighborhood Security: For a$ antnelghbodaods: CO _ In signing this agreement the sponsor /organizer agrees to the stipulations and regulations for the above W named event and agrees to pay all direct costs. I agree to comply with the above stated requi ments. W/p% Cam, —r /, l 3 06 ve's Signature � " Sponsor's o sane ve's Signature ; Date i3 4 City Special Events Supervisor - Division/De rtment Di r Date FIG: Xwinsnen masaea %add Ewmp,.am.m 34 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/19/2006 AGENDA ITEM: An Ordinance amending the Code of Ordinances Chapter 3 1/2, Alarm Systems by amending Sec. 3 1/2-11. Reporting of alarm signals and Sec. 3 1/2-15. Alarm monitoring and reporting; providing for severance, providing for publication, and declaring an emergency. ISSUE: The City is amending the Alarm Systems ordinance that was passed in July to simplify the reporting process by alarm companies and to eliminate an unnecessary service fee. REQUIRED COUNCIL ACTION: Council Approval. PREVIOUS COUNCIL ACTION: Alarm Systems ordinance passed on July 25, 2006. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance. Bryan P. Smith Police Chief Attachments: Ordinance CA DOCUME- 1\03291LOCALS- 11TempAgenda Itwn- AlatmAmend.doc BACKGROUND INFORMATION As a result of working with the local alarm companies to address concerns regarding the operation of the recently amended Alarm Systems ordinance, the CCPD believes the recommended follow -up amendments will resolve any outstanding issues. The first amendment to the ordinance would require an alarm business to make two calls in an attempt to locate the permit holder before contacting the CCPD. This will help limit the number of false alarm notifications and is in accordance with State law. The second amendment would eliminate the requirement that an alarm business correctly relay permit numbers for an address after an alarm notification and also eliminate the service fee for an incorrect notification of a permit number. The need for the alarm business to relay permit numbers has been satisfied by the computer software that administers the permit process which automatically lists the permit number for an address upon notification. C:IDOCUMF 110329\LOCALS- -11Temp\Agenda IIem- AlanmAmend.doc AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 3 ' /:, ALARM SYSTEMS BY AMENDING SEC. 3 '/r11. REPORTING OF ALARM SIGNALS AND SEC. 3'/s -15. ALARM MONITORING AND REPORTING; PROVIDING FOR SEVERANCE, PROVIDING FOR PUBLICATION, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 3'/, Alarm Systems is amended by amending Sec. 3 '/ -11, Reporting of alarm signals and Sec. 3'/ -15, Alarm monitoring and reporting, to read as follows: Sec. 3112 -11. Reporting of alarm signals. a. A permit holder or alarm user shall not allow alarm signals to be directly reported or reported through a relaying intermediary by a signal or recorded message to the city unless mandated by federal law. b. An Alarm Business shall attempt to contact the alarm location twice before jequestina service from the Police Department. (2 calls minimum) * * * Sec. 31/2-15. Alarm monitoring and reporting. Only a person or business licensed by the Texas Board of Private Investigators and Private Security Agencies as provided by state law, may monitor and relay alarm notifications on behalf of a permit holder or alarm user. Before relaying an alarm notification, the Alarm Business shall attempt to verify, by telephonic or other electronic means, every alarm signal. An Alarm Business shall send notifications of alarms and cancellations of alarms to the City of Corpus Christi in a manner and form determined by the City of Corpus Christi; 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. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on December 19th, 2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to legal form /2- "IV- lat. By: Joseptj/Harney Assistant City Attorney For City Attorney Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, 1/we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John E. Marez Bill Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott 35 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: December 12, 2006 a. Public hearing to consider abandoning and vacating a 7,292.92- square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced, dedicated public right -of -way (Linda Lee Drive) out of Block 3, Tropic Heights Unit 2, adjacent to and south of the Mediterranean Drive public right -of -way. b. Ordinance abandoning and vacating a 7,292.92- square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced, dedicated public right -of -way (Linda Lee Drive) out of Block 3, Tropic Heights Unit 2, adjacent to and south of the Mediterranean Drive public right - of -way; subject to owner's compliance with the specified conditions. ISSUE: Mr. & Mrs. David Hertzler, and Mr. & Mrs. Gary Carroll, are requesting the street abandonment and vacation of the undeveloped and unsurfaced, dedicated public right -of -way (Linda Lee Drive), to avoid the continuous use of this portion of public right -of -way that lies between their two properties, as a dumping area for trash and large debris. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights -of -way. City Code 49 -12, requires notification of the public prior to the abandoning and vacating of any street rights -of -way. RECOMMENDATION: Staff recommends approva of the ordinance on an emergency basis. ° Calk Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map Debbie A. Marrdquin, P . Acting Director of Deve . pment Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Mr. & Mrs. David Hertzler, owners of Lot 1, Block 3, Tropic Heights Unit 2, and Mr. & Mrs. Gary Carroll, owners of Lot 3, Block 2, Tropic Heights Unit 2, are requesting the street abandonment and vacation of a 7,292.92- square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced, dedicated public right -of -way (Linda Lee Drive). The dedicated public ROW is located adjacent to and south of the Mediterranean Drive public right -of -way, between Mediterranean Drive and a dead end that's adjacent to and north of the Audubon Outdoors (wild life sanctuary). Mr. & Mrs. Hertzler and Mr. & Mrs. Carroll, are the adjacent property owners located on both sides of the Linda Lee Drive street right -of -way. The said portion of public right -of -way is proposed to be abandoned and vacated to eliminate the continuous use of this portion of public right -of -way between the two properties as a dumping area for trash and large debris. All public and franchised utilities were contacted regarding this closure request. The extension of sidewalk, curb and gutter, and necessary pavement repair is required to eliminate the gap in the Mediterranean Drive street section across the Linda Lee Drive right -of -way. The City Water Department has an existing 6" waterline valve within the Linda Lee Dr. public right -of -way that will have to be removed and plugged at the tee ($820.00), at owner's expense, prior to abandoning and vacating that portion of the right -of -way. AT &T has buried cable facilities across the public right -of- way and will require a 15' utility easement across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent Tots. AEP has overhead electrical facilities across the public right -of -way and will require a 15' utility easement across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent lots. TimeWarner has overhead communication facilities across the public right -of -way and will require a 15' utility easement across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent lots. Staff recommends that payment of the fair market value be waived because of City Code, Sec. 49- 12, eliminates payment of the fair market value when an abandoned street is unimproved and not used for any public street purpose, as it is in this case. The owner has been advised of and concurs with the conditions of the right -of -way abandonment. EXHIBIT A AN ORDINANCE ABANDONING AND VACATING A 7,292.92- SQUARE FOOT PORTION (50' WIDE X 145' LONG) OF AN UNDEVELOPED AND UNSURFACED, DEDICATED PUBLIC RIGHT -OF -WAY (LINDA LEE DRIVE), OUT OF BLOCK 3, TROPIC HEIGHTS UNIT 2; ADJACENT TO AND SOUTH OF MEDITERRANEAN DRIVE PUBLIC RIGHT -OF -WAY; SUBJECT TO OWNERS' COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, there is a 7,292.92- square foot portion (50' wide x 145" long) of an undeveloped and unsurfaced dedicated public right -of -way (Linda Lee Drive) out of Block 3, Tropic Heights Unit 2, plat recorded in Volume 41, Pages 22, Map Records of Nueces County, Texas, located adjacent to and south of the Mediterranean Drive public right -of -way, that Mr. and Mrs. David Hertzler and Mr. and Mrs. Gary Carroll are requesting to have abandoned and vacated as a street right -of -way to avoid the continuous use of this portion of public right -of -way, that lies between their two properties, as a dumping area for trash and large debris; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the right -of -way for street purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 7,292.92- square foot portion (50' wide x 145" long) of an undeveloped and unsurfaced, dedicated public right -of -way (Linda Lee Drive) out of Block 3, Tropic Heights Unit 2, plat recorded in Volume 41, Pages 22, Map Records of Nueces County, Texas, located adjacent to and south of the Mediterranean Drive public right -of -way and adjacent to and north of the Audubon Outdoors (wildlife sanctuary), is abandoned and vacated for public use as a right -of -way, subject to Mr. and Mrs. David Hertzler's and Mr. and Mrs. Gary Carroll's compliance with the following specified conditions as part of the abandonment and vacation: 1) The City Code, Sec. 49 -12, eliminates payment of the fair market value when an abandoned street is unimproved, not used for any public street purpose, as it is in this case. 2) Mr. and Mrs. David Hertzler and Mr. and Mrs. Gary Carroll (Owner) to pay for the construction and extension of sidewalk, curb and gutter, and necessary pavement repair required to complete the gap in the Mediterranean Drive street section across the Linda Lee Drive right -of -way. 3) AT &T has buried cable facilities across the public right -of -way and will require a 15' utility easement across the rear portion of the street right -of -way to match the exiting 15' easement at the rear of the adjacent lots. H:Leg/garyws/ agenda /2006 /12- 12/LindaLeeabandon 4) AEP has overhead electrical facilities across the public right -of -way and will require a 15' utility easement across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent lots. 5) City Water Department has an existing 6" waterline valve within the Linda Lee Drive public right -of -way that will have to be removed and plugged at the tee ($820), at Owner's expense prior to abandoning and vacating that portion of the right -of -way. 6) Time Warner has overhead communication facilities across the public right -of- way and will require a 15' utility easement across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent lots. 7) Upon approval from City Council and ordinance issued, all grants of street closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to building permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 8) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. H:Leg/garyws/ agenda /2006 /12 -12 /LindaLeeabandon That the foregoing ordinance was read for the first time and passed to its second reading on this the 1 day of ) it° M , 2006, by the following vote: Henry Garrett 1* ye- Rex A. Kinnison ntSc ^i-- Brent Chesney /�1 kSe..-t` John Marez ,_;__ Melody Cooper r ` Jesse Noyola Acy__ Jerry Garcia Mark Scott _tI ; _. Bill Kelly five That the foregoing ordinance was read for the second time and passed finally on this the day of , 2006 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the day of , 2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: December 6, 2006 By: { G ry W. Smith Assistant City Attorney For City Attorney H: Leg /garyws/ agenda /2006 /12- 12/LindaLeeabandon Henry Garrett Mayor mss R= 10.00' 4, D =90 °00'00 "� L= 15.71' \T= 10.00' LOT 3 0 v 0I 0 Bl 6, LOT R= 10.00' \ D= 90'00'00" L= 15.71' T= 10.00' SCALE: 1" = 20' E GEMPWC PLOTTING ONLY ON70 FEDMAI. EMERGENCY MANAGEMENT AGCYRA00 INSURANCE RATE neN r. RoC &; &P. /'985 OF ANY ROOGVG CMN OM.Y E Ok113141NED BY A ROOD SINN POFPAIED III A Ii1BED PWFINSgNt ECOEER. FIRS PLAT 006 NOT MAZE A DIGIT= FACSIMILE OF A SEAL AND A IMPRESSION TYPE SEAL. 11' SHOULD E CONSIDERED A COPT AFC NS ACCURACY 114 OU61KN. I. RONALD C. STENYEYER. A REGISTERED PROFUSIONN. LAND - SURVEYOR. 00 HERE BY CERTIFY THAT TO TIE BEST OF MY KNOWLEDGE. THIS PUT RE- PRESENTS AN ACTUAL SURVEY MADE ON 'ME GROUND UNDER MY SUPEMSION AND SUSSTANNILY COMPLIES RRN THE MINIMUM. STANDARDS FOR IRA SLMVEY=NG N TENS AS SET FORTH BY ME 1EAS BOARD OF PROFESSIONAL WAS THE 2501 day of June. 2008 -, EXHIBIT C BEND 0.17 ACRE TRACT (7.28g2.82 R), — all of LINDA LEE DRIVE (UNDPEN ROAD AS RECORDED 114 VOLUME 41 - PAGE 22 OF MAP RECORDS 16E25 COWRY, 1DMT ONO 'WON a aQBO. UIC COD NF D. - RW6 CYAN. TX TWO Wag aYNews -6120 Fat (aa) aE7-311.0 Completion- Dab: WOTAN I Checked by: RCS Stair 1'- 20' Fib Nem= 060725.DWG Doren by: RC Sunyed by: RN & JA PLOT DATE 111 waT ^ROS ROAD C7ia10tI..O TT= DRSVT x 7 ca.zca Dnrvn PROPOSED LINDA LEE DRIVE STREET CLOSURE - 0 a .. MM TA33STI BAMOA i otnea B H ORES ROAD 3ist•an8 LOCATION MAP EXHIBIT C 36 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: December 12, 2006 a. Public hearing to consider abandoning and vacating a 1,820.49- square foot portion of an undeveloped and unsurfaced, dedicated public right -of -way (Whitecap Boulevard) out of Padre - Island - Corpus Christi, Section -C, north of Windward Drive and west of the Leeward Drive public rights -of -way. b. Ordinance abandoning and vacating a 1,820.49- square foot portion of an undeveloped and unsurfaced, dedicated public right -of -way (Whitecap Boulevard) out of Padre - Island- Corpus Christi, Section -C, north of Windward Drive and west of the Leeward Drive public rights -of- way; subject to owner's compliance with the specified conditions. ISSUE: Lighthouse Properties, LP, is requesting the street abandonment and vacation of that portion of Whitecap Boulevard; which is an undeveloped, unsurfaced, and dedicated public right -of- way to construct and expand their parking lot with required landscaping. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights -of -way. City Code 49 -12, requires notification of the public prior to the abandoning and vacating of any street rights -of -way. RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis. Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map ebbie Marroquin, P.E. Acting Director of Developm -' t' Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Island Lighthouse Properties, LP, is requesting the street abandonment and vacation of a 1,820.49 - square foot portion of Whitecap Boulevard; which is an undeveloped and unsurfaced, dedicated public right -of -way out of Padre - Island - Corpus Christi, Section -C, located west of the Leeward Drive public rights -of -way. Island Lighthouse Properties, LP, is requesting the abandoning and vacating of said portion of Whitecap Boulevard; which is an undeveloped and unsurfaced public right -of -way to allow for the expansion of their business parking lot with required landscaping. All public and franchised utilities were contacted regarding this closure request. The City Water Department has an existing 12" PVC waterline within the Whitecap Blvd. public right -of -way and will require that the owner retain a utility easement within the entire dedicated public right -of -way proposed for closure. City Wastewater Department has an existing 10" PVC force main within the Whitecap Blvd. public right -of -way and will require that the owner retain a utility easement within the entire dedicated public right -of -way proposed for closure. City Planning Division requires that a utility easement be retained within the entire public right -of -way proposed for closure for all existing city and private utilities, and that the public street to be abandoned and vacated, be restricted to only a parking lot with required landscaping. No public or private franchise utilities will be held responsible for the construction or re- construction of any portion of the proposed private concrete parking lot or landscaping in the event that any future installation or maintenance of the utilities is required within the portion of right -of -way that being abandoned and vacated and retained as a utility easement. Staff recommends that the Owner pay the fair market value of $7,510.00 for the abandonment and vacation of a 1,820.49- square foot portion of the Whitecap Boulevard public right -of -way. The owner has been advised of and concurs with the conditions of the right -of -way abandonment. EXHIBIT A AN ORDINANCE ABANDONING AND VACATING A 1,820.49- SQUARE FOOT PORTION OF AN UNDEVELOPED AND UNSURFACED, DEDICATED PUBLIC RIGHT -OF -WAY (WHITECAP BLVD.), OUT OF PADRE- ISLAND- CORPUS CHRISTI, SECTION -C; NORTH OF WINDWARD DRIVE AND WEST OF LEEWARD DRIVE PUBLIC RIGHTS -OF -WAY; SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, there is a 1,820.49- square foot portion of an undeveloped and unsurfaced, dedicated public right -of -way (Whitecap Boulevard) out of Padre- Island- Corpus Christi, Section -C, plat recorded in Volume 34, Pages 133, Map Records of Nueces County, Texas, located north of the Windward Drive and west of the Leeward Drive public rights - of -way, that Island Lighthouse Properties, L.P., is requesting to have abandoned and vacated as a street right -of -way to expand its existing parking lot with required landscaping; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the right -of -way for street purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 1,820.49- square foot portion of an undeveloped and unsurfaced ,dedicated public right -of -way (Whitecap Boulevard) out of Padre - Island- Corpus Christi, Section -C, plat recorded in Volume 34, Pages 133, Map Records of Nueces County, Texas, located north of the Windward Drive and west of the Leeward Drive public rights - of -way, is abandoned and vacated for public use as a right -of -way, subject to Island Lighthouse Properties, L.P.'s compliance with the following specified conditions as part of the abandonment and vacation: 1) Island Lighthouse Properties, L.P., (Owner) shall pay the fair market value of $7,510.00 for the abandonment and vacation of the total 1,820.49 - square foot portion of the Whitecap Boulevard street right -of -way (depicted on Exhibit A). 2) Planning Division requires that a utility easement be retained within the entire public right -of -way for closure for all exiting city and private utilities, and that closure be restricted to only a parking lot with required landscaping. 3) City Water Department has an existing 12" PVC waterline on a portion of the Whitecap Boulevard public right -of -way and will require that the Owner retain a utility easement within the entire public right -of -way proposed for closure. 4) City Wastewater Department has an existing 10" PVC force main on a portion of the Whitecap Boulevard public right -of -way and will require that the Owner H:Leg/garyws /agenda/2006/ 12 -12/ W hitecapabandon retain a utility easement within the entire public right -of -way proposed for closure. 5) Upon approval from City Council and ordinance issued, all grants of street closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to building permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 6) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. H: Leg /garyws/ agenda /2006 /12- 12/Whitecapabandon That the foregoing ordinance was read for the first time and passed to its second reading on this the /00-, day of be P Q ry( Lei/2006, by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly ae Rex A. Kinnison John Marez Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2006 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the day of , 2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: December 7, 2006 By: G W. Smith Assistant City Attorney For City Attorney H:Leg/garyws /agenda/2006/ 12 -12 /Whitecapabandon Henry Garrett Mayor IHS7AY. KETCH NAI SAD. a VIND a FLINT 1J (C` a xr 2 AtT.SCRDER{I Ee]k. t NAVIGATION CHANNE, A = 10'05'27' 4 R= 170.00' T = 15 .01' L= 29.94' II WHITEC T LOT 1„ PADRE ISLAND, =PUS CHRISTI, SECTION - C VOL 34, PG. 133; NAP REDS, NIECES COUNTY, TEXAS S 88'42'33' E 123.85' ITE N 88'42'33' V 15.00' A = 17'21'00' R =439.51' T = 67.06' L =133.09' WHITECAP BLVD. -aor Ram' 1. Tj l 4 EXHIBIT C Map to Accompany U RlAWfES for a shot 4W-of- oy dower Once bused on on sap) out of Watecop 6bssYwK as pilau* d rkated ;sr plat o f Pods blond - Corpus Cankii Seam - 4 t i mop of Sid, k =SW name 34 Pap /321 Mcp Rowe of News Cot* Man 1' =30' DATE! Noy 17243 260.006 i tI NSW= Ore EM ate URBAN 1 ENGINEERING SHEET' 1 of 1 SOmesF..r As a°cie t ""� i1RAVN 81f, LPN 37 AGENDA ITEM: a. CITY COUNCIL AGENDA MEMORANDUM December 12, 2006 Public hearing to consider adoption of the Storm Water Drainage Criteria Technical Guide needed to prepare Storm Water Master Plan map sheets for the City of Corpus Christi. b. Ordinance adopting the shaded portions of the Drainage Criteria Technical Guide for the Corpus Christi Drainage Criteria & Design Manual required to make revisions to the City of Corpus Christi Storm Water Master Plan map sheets. ISSUE: The adoption of the shaded portions of the Drainage Criteria Technical Guide for the Corpus Christi Drainage Criteria & Design Manual required to make revisions to the City of Corpus Christi Storm Water Master Plan map sheets provides the Citys consultant the information needed to complete the map sheets Wthin the next four or five months and meet the proposed timeline for adoption of the City of Corpus Christi Stomiwater Master Plan. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Deborah A. Marroquin, P.E., Interim Director of Development °ervices gil d' 4 lay 7/06 g R. Escobar, P.E. irector of Engineering Services Attachments: Exhibit A — Background Information Exhibit B — Recommended Drainage Criteria Technical Guide AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The existing drainage Master Plans for the City are listed below. These plans are inconsistent, do not adequately address storm water management, and do not provide an adequate or consistent level of protection. EXISTING DRAINAGE MASTER PLANS: 1946 Northside /Bayfront 5 -year 1961 Southside 5 -year 1970 W. of Clarkwood (Oso Creek) 25 -year 1970 W. of Clarkwood (Nueces River) 25 -year 1970 Flour Bluff 25 -year 1982 Five Points 25 -year 1988 S. of Oso Creek (Nueces River) Draft 25 -year Recognizing the need to develop a single comprehensive City -wide Master Plan, the City awarded a contract to Goldston Engineering Inc. in September4, 2001 to prepare the plan. On January 28, 2003, Resolution No.025182, City Council tentatively adopted the storm water management policies and directed staff to proceed with the preparation of the Drainage Criteria and Design Manual. The City recognized the need for a quick reference guide to the Drainage Criteria and Design Manual to be used by all Engineers that perform work for City approval or review. Each of the criteria was scrutinized in a peer review process with consultants, including Goldston Engineering Inc., Maverick Engineering Inc., and J.R. Thompson Engineering with City Staff participating. These findings were then presented to the Storm Water Technical Advisory Group (TAG) for their review and comment at meetings on May 16 and 30, 2006. The final product of the peer review process was the Drainage Criteria Technical Guide. The Stormwater TAG reviewed the Drainage Criteria Technical Guide and determined that there were issues with it that needed to be resolved. The June 28, 2006 Planning Commission meeting resulted in additional concerns to be resolved and the Drainage Criteria Technical Guide was tabled until the July 12, 2006 Planning Commission meeting. At the July 12, 2006 Planning Commission meeting the Drainage Criteria Technical Guide was tabled until the August 23, 2006 Planning Commission meeting. The Development Services Advisory Group (DSAG) met on July 12, 2006 and recommended Staff discuss the Drainage Criteria Technical Guide further. The Development Services Advisory Group (DSAG) met August 9, 2006 and again on August 16, 2006 and recommended the adoption of selected criteria within the Technical Guide as attached. Exhibit A The shaded sections of the attached Drainage Criteria Technical Guide are the criteria required to make revisions to the City of Corpus Christi Stormwater Master Plan map sheets. The Technical Advisory Group (TAG) and Development Services Advisory Group (DSAG) recommended that only these sections be approved at this time. Adoption of the criteria required to revise the master plan map sheets provides the City's consultant the information needed to complete the map sheets within the next four or five months and meet the proposed timeline for adoption of the City of Corpus Christi Stormwater Master Plan. Planning Commission recommended adoption of the attached document (Exhibit B) at the regularly scheduled meeting on August 23, 2006. The Department of Engineering Services and Goldston Engineering Inc. will present the Recommended Drainage Criteria Technical Guide. Exhibit A `ra—AILOS "6"1101& tcrk01,,, va--ter Drainage Criteria Technical Guide for City of Corpus Christi Drainage Criteria & Design Manual (PUBLIC INFRASTRUCTURE) THIS RECOMMENDED DRAINAGE CRITERIA TECHNICAL GUIDE IS RELEASED FOR INTERIM REVIEW UNDER THE AUTHORITY OF WILLIAM J. GREEN, P.E., LICENSE 65721 ON AUGUST 23, 2006. IT IS NOT TO BE USED FOR ANY OTHER PURPOSE. fttiititA.: TABLE OF CONTENTS PAGE 1. MINIMUM LEVEL OF PROTECTION (RECURRENCE INTERVAL) 1 RURAL ROADS 1 LOCAL STREETS RESIDENTIAL COLLECTOR AND COMMERCIAL COLLECTOR STREETS 1 ARTERIAL STREETS MAJOR HIGHWAYS AND FREEWAYS 2 MINOR (<200 ACRES CONTRIBUTING AREA) UNDERGROUND STORM SEWERS (<200 ACRES CONTRIBUTING AREA) 2 CHANNELS(60 -200 ACRES CONTRIBUTING AREA) 2 CHANNEL CROSSINGS (CULVERTS) 2 CHANNEL CROSSINGS (BRIDGES) TEMPORARY DITCHES (<200 ACRES CONTRIBUTING AREA 2 INTERMEDIATE (200 -500 ACRES CONTRIBUTING AREA) UNDERGROUND STORM SEWERS 2 CHANNELS 2 CHANNEL CROSSINGS (CULVERTS) 2 CHANNEL CROSSINGS (BRIDGES) - 2 MAJOR ( >500 ACRES CONTRIBUTING AREA) UNDERGROUND STORM SEWERS 3 CHANNELS 3 CHANNEL CROSSINGS (CULVERTS) 3 CHANNEL CROSSINGS (BRIDGES) 3 STORM WATER PUMPING STATIONS 3 SEAWALLS AND ASSOCIATED OUTLET CONTROL STRUCTURES 3 2. HYDROLOGY 3 A. RATIONAL METHOD 3 DESIGN RAINFALL INTENSITY 3 DESIGN RAINFALL INTENSITY TABLE 4 RUNOFF COEFFICIENT 4 RATIONAL METHOD RUNOFF COEFFICIENTS TABLE 5 B. HEC -HMS ANALYSIS 6 DESIGN RAINFALL DEPTH TABLE 6 3. INLETS AND GUTTERS 6 LOCAL STREETS 6 RESIDENTIAL COLLECTOR AND COMMERCIAL COLLECTOR STREETS 6 ARTERIAL ROADS 6 MAJOR HIGHWAYS AND FREEWAYS 6 100-YEAR EXTREME EVENT OVERFLOW REQUIREMENTS (ALL STREETS) 7 GUTTERS 7 4. HYDRAULICS 7 STORM SEWERS 7 CHANNELS, CULVERTS AND BRIDGES 7 RURAL ROADSIDE DITCHES FOR RESIDENTIAL ESTATE (RE) DISTRICTS 7 EARTHEN CHANNELS 8 CONCRETE CHANNELS 8 CULVERTS 9 BRIDGES 9 TAILWATER ELEVATION 9 MANNING'S ROUGHNESS COEFFICIENTS TABLE I D 5. DRAINAGE RIGHT -OF- WAY/EASEMENTS STORM SEWERS INTERMEDIATE CHANNELS AND MAJOR CHANNELS 11 I1 1 6. ADVERSE STORM WATER IMPACT CONSIDERATIONS 11 7. MISCELLANEOUS CRITERIA 12 FLOODWAY/FLOODPLAIN DEVELOPMENT 12 FINISHED FLOOR ELEVATION 12 LOT GRADING & DRAINAGE 12 CORPUS CHRISTI BASINS MAP 13 DRAINAGE CRITERIA TECHNICAL GUIDE for City of Corpus Christi DRAINAGE CRITERIA & DESIGN MANUAL (Public Infrastructure) The primary purposes of this Drainage Criteria Technical Guide are: (a) To establish the minimum standards necessary to protect the safety and welfare of the public; (b) To consolidate storm water drainage criteria for all areas of the City of Corpus Christi in a single document; and (c) To establish uniform criteria for the analysis, design and construction of storm water drainage facilities in the City of Corpus Christi and its Extra Territorial Jurisdiction. (Reference Drainage Criteria & Design Manual (DCDM) Section 2.1.5 and Policy D- 1.1.1) Facilities shall be designed using the Minimum Level of Protection (Recurrence Interval) as shown below. Street classifications are defined in the City of Corpus Christi's Urban Transportation Plan. Rural Roads: • 5 -Year* (Stone water contained within adjacent roadside ditches) • 1.00 -Year (Measures shall be taken to ensure that street ponding remains below habitable living space) Local Streets: • 5 -Year* (Conveyance system and inlet design) • 100 -Year (Measures shall be taken to ensure that street ponding remains below habitable living space) Residential Collector and Commercial Collector Streets: • 5 -Year* (Conveyance system and inlet design) • 100 -Year (Measures shall be taken to ensure that street ponding remains below habitable living space) Arterial Streets: • 25 -Year (Conveyance system and inlet design) • 100 -Year (Measures shall be taken to ensure that street ponding remains below habitable living space) * Note: If contributing drainage area is greater than or equal to 200 acres, design Level of Protection shall be for 25 -year event. DRAFT City of Corpus Christi Revised: 08/23/2006 Drainage Criteria Technical Guide Page 1 of 13 Major Highways and Freeways: • 50 -Year (Conveyance system and inlet design) • 100 -Year (Measures shall be taken to ensure that street ponding remains below habitable living space) Minor Underground Storm Sewers (COO acres contributing area: • 5 -Year (Hydraulic grade line (HGL) at or below top of curb and manhole rims) • 100 -Year (Measures shall be taken to ensure that street ponding remains below habitable living space) Note: Underground storm sewers are mandatory for contributing area less than 60 acres Minor Channels (60 -200 acres contributing area): • 5 -Year (At least 1 foot of freeboard) • 100 -Year (Measures shall be taken to ensure that street ponding remains below habitable living space) Minor Channel Crossings (Culverts). • 5 -Year Design Storm Minor Channel Crossings (Bridges): • 5 -Year (At least 1 foot of freeboard below bottom of low chord) Temporary Ditches (< 200 acres contributing area): • 5 -Year (At least 1 foot of freeboard) • 100 -Year (Measures shall be taken to ensure that street ponding remains below habitable living space) Intermediate Underground Storm Sewers (200 -500 acres contributing area): • 25 -Year (HGL at or below top of curb and manhole rims) • 100 -Year (Measures shall be taken to ensure that street ponding remains below habitable living space) Intermediate Ch a els 2+ t +;1 v: s:.:BN B win, �::�s: • 100 -Year (Measures shall be taken to ensure that street ponding remains below habitable living space) • 100 -Year (Measures shall be taken to ensure that street ponding remains below habitable living space) • '100 -Year (Measures shall be taken to ensure that street ponding remains below habitable living space) DRAFT City of Corpus Christi Revised: 08/23/2006 Drainage Criteria Technical Guide Page 2 of 13 Major Underground Storm Sewers ( >500 acres contributing area): • 25 -Year (HGL at or below top of curb and manhole rims) • 100 -Year (Measures shall be taken to ensure that street ponding remains below habitable living space) • 100 -Year (Measures shall be taken to ensure that street ponding remains below habitable living space) • 100 -Year (Water surface elevation below bottom of low chord and measures shall be taken to ensure that street ponding remains below habitable living space) Storm Water Pumping Stations: • 100 -Year Design Storm Seawalls and Associated Outlet Control Structures: • 100 -Year Design Storm (Reference DCDM Chapter 7) Hydrologic analyses shall be based upon ultimate land development anticipated in applicable City of Corpus Christi adopted Area Development, Plans, DRAFT City of Corpus Christi Revised: 08/23/2006 Drainage Criteria Technical Guide Page 3 of 13 Time of Concentration, Tc Te =10 min. Tc =15 min. Tc =20 min. Tc =30 min. Tc =45 min. Tc =60 min. Tc =75 min. Tc =90 min. 5 -Year I =7.72 I =6.40 1 =7.08 t S: I =9.20 I =5.50 1 =6.12 &, I =7.98 I =4.33 I =4.87 .C" . +i I =6.39 I =3.34 I =3.80 1 =5.02 Tc =120 min. 1 =2.75 1 =3.15 I =2.35 I =2.71 I =2.06 I =2.39 1 =1.67 I =1.95 5 -Year 10 -Year b =79 b =79 d =8.7 d=8.7 e =0.794 a =0.762 I =4.18 1 =3.61 I =3.20 I =2.62 50 -Year b =96 d =8.7 e =0.741 The accepted minimum initial time of concentration for single family residential development is 30 minutes. DRAFT City of Corpus Christi Drainage Criteria Technical Guide Page 4 of 13 Revised: 08/23/2006 '•• Y I l § l . kY Je j fi�F "�1'-r Land Use Zoning District Overland Slope Proposed (Existing) <1% 1% - 3.5% >3.5% Undeveloped Land: • Pasture: Sandy Soil (soil groups A &13) F -R 0.25 0.35 0.40 Clay Soil (soil groups C & D) F -R 0.30 0.40 0.50 • Cultivated: Sandy Soil (soil groups A & B) F -R 0.30 0.55 0.70 Clay Soil (soil groups C & D) F -R 0.35 0.60 0.80 • Lawn Areas: Sandy Soil (soil groups A & 13) 0.05 0.08 0.12 Clay Soil (soil groups C & D) 0.15 0.18 0.22 • Woodlands: Sandy Soil (soil groups A & B) 0.15 0.18 0.25 Clay Soil (soil groups C & D) 0.18 0.20 0.30 Residential Estate District RE 0.30 0.35 0.40 One - Family Residential Districts: • Lots greater than 1/3 acre RS -1 (RA) 0.30 0.40 0.50 • Lots 1/4 to 1/3 acre RS -2 (R -IA) 0.40 0.50 0.60 • Lots less than 1/4 acre RS -2, RS -3, RS-4 (R -M, R -18, R -IC) R -TH 0.50 0.60 0.55 0.65 0.60 0.70 Townhouse Dwelling Districts Multiple Dwelling Districts R -TF (R -2) 0.60 0.65 0.70 Travel Trailer Park District R -MH (T -1A) 0.60 0.65 0.70 Manufactured Horne Park District R -MH (T -18) 0.60 0.65 0.70 Manufactured Home Subdivision District R -MH (T - /C) 0.60 0.65 0.70 Apartment House District RM -1, RM -2, RM -3 (A -1, A -i4, A -2) 0.75 0.80 0.85 Apartment Tourist District RM -3 (A7) 0.75 0.80 0.85 Business Districts: • Professional Office District OF (AB) 0.75 0.80 0.85 • Neighborhood Business District CN (B -1, B -!A) 0.75 0.80 0.85 • CC Beach Design District CR (BD) 0.75 0.80 0.85 • Barrier Island Business District CR (B -2A) 0.75 0.80 0.85 • Bayfront Business District CR (B -2) 0.75 0.80 0.85 • Business District CG (13-3) 0.75 0.80 0.85 • General Business District . CG (8 -4) 0.75 0.80 0.85 • Primary Business District CI (B -5) 0.85 0.85 0.85 • Primary Business Core District CBD (B -6) 0.85 0.85 0.85 Industrial Districts: • Limited Industrial District BP (1 -!) 0.50 0.65 0.80 • Light Industrial District IL (1 -2) 0.50 0.65 0.80 • FTeavy Industrial District IH (1 -3) 0.60 0.75 0.85 Railroad Yard Areas 0.20 0.30 0.40 Parks, Greenbelts, Cemeteries 0.25 0.35 0.40 Playgrounds 0.20 0.28 • 0.35 Streets: • Asphalt 0.80 0.80 0.80 • Concrete 0.85 0.85 0.85 • Concrete Drives and Walks 0.85 0.85 0.85 Roofs 0.85 0.85 0.85 DRAFT Revised: 08/23/2006 City of Corpus Christi Drainage Criteria Technical Guide Page 5 of 13 Duration 15 minutes 60 minutes 2 hours 3 hours 6 hours 5 -Year 10 -Year 1.37 1.57 Ilk 2.03 12 hours 24 hours 2.97 4.94 3.31 3.94 8 5.61 3.97 4.79 `6.98 4.81 5.84 Si 8.55 5.84 7.12 10.48 , 3. Inlets and Gutters Inlets. (Reference DCDM Chapter 9) Drainage inlets shall be placed at all low points (sag inlets) and at suitable intervals along extended gutter slopes (on -grade inlets) as necessary to prevent excessive ponding on the roadway. Inlet type, size and spacing shall be properly designed so as not to exceed the ponding and/or spread of water limits as shown below: Local Streets: • Water surface at or below ROW line for 5 -year recurrence interval Residential Collector and Commercial Collector Streets: • Water surface at or below ROW line for 5 -year recurrence interval Arterial Streets: • Water surface at or below ROW line for 25 -year recurrence interval Maior Highways and Freeways: • 1 main through lane in each direction to remain clear and open for 50 -year recurrence interval DRAFT City of Corpus Christi Revised: 08/23/2006 Drainage Criteria Technical Guide Page 6 of 13 100 -Year Extreme Event Overflow Requirements (All Streets): (ReferenceDCDMSections 5.2 and 8.3.3 and Policy FP- 1.1.3) • Design shall identify extreme event corridor • Measures shall be taken to ensure that street ponding remains below habitable living space and critical facilities Gutters. (Reference DCDM Section 9.1.2) Longitudinal concrete gutter slopes along roadways shall not be less than 0.3% (0.003 ft/ft). Longitudinal concrete gutter slopes in cul -de -sacs and concrete valley gutter slopes shall not be less than 0.4% (0.004 ft/ft). Transverse pavement slopes for outer lanes shall not be less than 2.0% (0.02 ft/ft). (Reference DCDM Chapters 6, 8 and 13) Storm Sewers. Hydraulic design of underground (enclosed) stonn sewers may be performed using TxDOT's WinStorm Storm Drain Design software program, manual calculations, spreadsheet, or by other methods approved by the City. Tailwater effects at the outfalls shall be included in the hydraulic analysis. Minimum Size: Minimum Slope: Minimum Cover: Velocity in Conduit: HGL: Manhole Spacing *: 18"(P pipe/ 3' wide x 2' high box 15"(1) pipe for laterals Refer to Table 8 -11 in the DCDM 2 feet (Class III RCP) as defined by ASTM C -76 1 foot (Class IV RCP) 2 fps minimum (flowing full) where obtainable 15 fps maximum No maximum velocity for laterals At or below top of curb for design-year event At or below rim elevation at manholes for design-year event 600 feet maximum spacing Manhole required at each change in pipe size Manhole required at directional change >5° *Junction box or post inlet may be used in lieu of manhole Rural Roadside Ditches for Residential Estate (RE) Districts: Side Slopes: 3:1 (H:V) or flatter Freeboard: Not required Minimum Velocity: 2 fps (flowing full) DRAFT City of Corpus Christi Revised: 08/23/2006 Drainage Criteria Technical Guide Page 7 of 13 Erosion Protection: Establish vegetative growth (top soil and/or erosion mats may be required) NOTE: Drainage easement will be required if ditch cannot be contained within the road right -of -way. Underground utilities (only) allowed to co- locate within maintenance strip Erosion Protection: Establish vegetative growth (top soil and/or erosion mats may be required) NOTE: Temporary Ditches shall meet all requirements for earthen channels and shall be properly maintained by the property developer or assignee. A maintenance agreement for this purpose will be required before receiving City approval for the development. Maintenance Access Locations: Jointed Reinforced At crossing structures and 2000 feet minimum spacing DRAFT City of Corpus Christi Revised: 08/23/2006 Drainage Criteria Technical Guide Page 8 of 13 Minimum Size: 18" Q pipe culvert 3' x 2' box culvert Design Loading: Bedding: Backfill: HS20 -44 highway loading 6" cement - stabilized sand bedding for precast concrete box culverts; Granular bedding material per Table 1 on City Standard Storm Water Details for RCP and cast -in -place concrete box culverts Per City Standard Specification Sections 022020 and 027402 Stream Bed and Slope Protection: Required at upstream and downstream ends (except at driveway culverts in RE Districts) Design Loading: Stream Bed and Slope Protection: HS20 -44 highway loading Required at upstream and downstream ends and beneath bridges over earthen channels DRAFT City of Corpus Christi Revised: 08/23/2006 Drainage Criteria Technical Guide Page 9 of 13 . si _ms: itdfi -j Type of ChanneUConduit and Description Roughness Coefficient, (n) Minimum Normal Maximum Reinforced Concrete Pipe (RCP) or Box (RCB) 0.012 0.013 0.017 Excavated or Dredged Channels: Concrete Lined Channels 0.011 0.013 0.015 Earthen Channels, Straight and Uniform: Clean, After Weathering 0.016 0.018 0.020 With Short Grass, Few Weeds 0.022 0.027 0.033 Earthen Channels, Winding and Sluggish: No Vegetation 0.023 0.025 0.030 Grass, Some Weeds 0.025 0.030 0.033 Dense Weeds or Plants in Deep Channels 0.030 0.035 0.040 Earth Bottom and Rubble Sides 0.028 0.030 0.035 Stony Bottom and Weedy Banks 0.025 0.035 0.040 Cobble Bottom and Clean Sides 0.030 0.040 0.050 Channel Not Maintained, Weeds & Brush Uncut: Dense Weeds, High as Flow Depth 0.050 0.080 0.120 Clean Bottom, Brush on Sides 0.040 0.050 0.080 Clean Bottom, Brush on Sides, Highest Stage of Flow 0.045 0.070 0.110 Dense Brush, High Stage 0.080 0.100 0.140 Natural Streams: Clean, Straight, Full Stage, No Rifts or Deep Pools 0.025 0.030 0.033 Same as Above, But Some Stones and Weeds 0.030 0.035 0.040 Clean, Winding, Some Pools and Shoals 0.033 0.040 0.045 Same as Above, But Some Weeds and Stones 0.035 0.045 0.050 Same as Above, Lower Stages, More Ineffective Areas 0.040 0.048 0.055 Sluggish Reaches, Weedy, Deep Pools 0.050 0.070 0.080 Flood Plains/Overbanks: Pasture, No Brush: Short Grass 0.025 0.030 0.035 High Grass 0.030 0.035 0.050 Cultivated Areas: No Crop 0.020 0.030 0.040 Mature Row Crops 0.025 0.035 0.045 Mature Field Crops 0.030 0.040 0.050 Brush: Scattered Brush, Heavy Weeds 0.035 0.050 0.070 Light Brush and Trees, in Winter 0.035 0.050 0.060 Light Brush and Trees, in Summer 0.040 0.060 0.080 Medium to Dense Brush, in Winter 0.045 0.070 0.110 Medium to Dense Brush, in Summer 0.070 0.100 0.160 Trees: Dense Willows, Summer, Straight - 0.110 0.150 0.200 Cleared Land with Stumps, No Sprouts 0.030 0.040 0.050 Same as Above with Heavy Growth of Sprouts 0.050 0.060 0.080 Heavy Stand of Timber, a Few Down Trees, Little Undergrowth, Flood Stage Below Branches 0.080 0.100 0.120 Same as Above, but with Flood Stage Reaching Branches 0.100 0.120 0.160 NOTE: Use coefficients from "Normal" column for design. Coefficients from "Minimum" and "Maximum" columns may be used for analyzing existing systems. DRAFT City of Corpus Christi Revised: 08/23/2006 Drainage Criteria Technical Guide Page 10 of 13 5. Drainage Right -of -Way /Easements (Reference DCDM Section 5.3, Policy M -I.1.2 and Policy M- 1.1.3) Storm Sewers. Minimum required drainage right -of -way /easement width for underground (enclosed) storm sewers shall be the widest dimension of the conduit plus two times the maximum depth from finished grade to the invert of the conduit, or 20 feet (minimum), whichever is greater. Side -lot outfalls (i.e. storm water outfalls between lots) are generally not permitted. However, where construction of an underground (enclosed) storm sewer outfall along a side -lot is unavoidable, it shall be located in a drainage right- of- wayfeasement, sized as provided above. 6. Adverse Storm Water Impact Considerations (Reference DCDM Section 5.4 and Chapter 10) Where the establishment of an extreme event (100 -year) overflow corridor is not feasible, reparation of adverse storm water impacts will be allowed for new developments, re- developments, roadway expansions, drainage system improvements, and other improvements that will increase the impervious cover, decrease the time of concentration (TO, or increase peak flows from drainage areas. Reparation may include local private on -site storm water detention facilities or regional storm water detention facilities. Storm water detention facilities shall be designed to release the post - development storm water runoff from a site at a controlled rate which does not exceed the capacity of the existing downstream drainage systems or the pre- developed peak runoff rate from the site, whichever is less. If local private on -site storm water detention facilities are provided, they shall be designed using the simplified methodology described in Section 10.3 of the DCDM (for areas up to 500 acres), or using the more detailed methodology described in Section 10.4 of the DCDM (for areas greater than 500 acres). The property developer, or assignee, shall be responsible for proper maintenance of local private on -site storm water detention facilities, and is required to enter into a maintenance agreement for this purpose before receiving City approval for the development. DRAFT City of Corpus Christi Revised: 08/23/2006 Drainage Criteria Technical Guide Page 11 of 13 7. Miscellaneous Criteria Floodwav/ Floodplain Development. (Reference DCDM Section 8.2.8, Policy FP -1.1.4 and Policy FP- 1.1.5) Development in delineated floodways or floodplains is restricted, and must meet the requirements established by the Federal Emergency Management Agency (FEMA). Finished Floor Elevation. (Reference DCDM Sections 5.2 and 8.3.3 and Policy FP- 1.1.2) New construction in Special Flood Hazard Areas, as defined by FEMA, must have a minimum first floor elevation for habitable living space of 15 inches above the Base Flood Elevation (BFE) per the current applicable Flood Insurance Rate Map (FIRM), or 18 inches above the lowest adjacent top of curb (or crown of road if uncurbed), whichever is higher. In areas outside of any Special Flood Hazard Area, new construction must have a minimum first floor elevation for habitable living space of 18 inches above the lowest adjacent top of curb (or crown of road if uncurbed), or 18 inches above the top of bank for any adjacent drainage channel, whichever is higher. Lot Grading & Drainage. (Reference DCDM Section 5.1) Unless authorized otherwise, individual lots in residential subdivisions shall be graded to drain from the back of the lot to the front of the lot toward a street, swale, inlet or ditch. Lot grading shall be at a minimum slope of 1% across turf and/or landscaped areas; at a minimum slope of 1% across asphalt pavement; and at a minimum slope of 0.3% across concrete flatwork (excluding cross -slope for ADA accessible routes). The maximum slope for lot grading shall be 8 %. Surface drainage from an individual lot across another lot in a residential subdivision is not allowed without a waiver issued by the City of Corpus Christi, which may require dedication of a drainage easement, DRAFT City of Corpus Christi Drainage Criteria Technical Guide Page 12 of 13 Revised: 08/23/2006 NUECES RIVER BASIN 0 5 1 " -5 MI. DRAINAGE CRITERIA & DESIGN MANUAL CORPUS CHRISTI BASINS DATE: OCTOBER 2004 I EXHIBIT NO. 1 -1 DRAFT City of Corpus Christi Revised: 08/23/2006 Drainage Criteria Technical Guide Page 13 of 13 AN ORDINANCE ADOPTING THE SHADED PORTIONS OF THE DRAINAGE CRITERIA TECHNICAL GUIDE FOR THE CORPUS CHRISTI DRAINAGE CRITERIA & DESIGN MANUAL REQUIRED TO MAKE REVISIONS TO THE CITY OF CORPUS CHRISTI STORM WATER MASTER PLAN MAP SHEETS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The shaded portions of the Drainage Criteria Technical Guide for the City of Corpus Christi Drainage Criteria & Design Manual, required to make revisions to the City of Corpus Christi Storm Water Master Plan map sheets, is hereby adopted as set forth in Exhibit "A" attached hereto and incorporated herein for all purposes. 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. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:\ LEG -DIR\ Shared \GarySlagenda\2006 \12- 12 \ORD- adopting Drainage criteria technical guide.doc That the foregoing ordinance was read for th reading on this the I) day of Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly O zasja- e first time and passed to its second 006, by the following vote: Rex A. Kinnison John Marez Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED: December 6, 2006. anak- ry . Smith Assistant City Attorney for City Attorney , 2006 by the following vote: Rex A. Kinnison John Marez Jesse Noyola Mark Scott day of , 2006. Henry Garrett Mayor H:1I EG -DIR\ Shared \GaryS \agenda\2006 \12- 12 \ORD- adopting Drainage criteria technical guide.doc 38 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: 12/19/06) Case No. 1106 -05, Weber Plaza Development, LLC: A change of zoning from an "A -1" Apartment House District and "A -2" Apartment House District to a "B -4" General Business District on .22 acres out of the easterly portion of Lot 4, Ellendale Gardens Subdivision and Ellendale Annex Block A , located on the southwest comer of Up River Road and IH -37. Planning Commission Recommendation (11/15/06): Approval of the `B -4" General Business District, with a vote of four (4) to three (3). Staffs Recommendation (11/15/06): Denial of the `B -4" General Business District and, in lieu thereof, approval of a `B -1/ SP" Neighborhood Business District with a Special Permit that allows for a hotel or motel development, subject to a site plan with the following seven (7) conditions: 1. Use: The only use authorized by this Special Permit other than `13-1" Neighborhood Business District uses is a hotel or motel. 2. Height: Building height shall not exceed three stories. 3. Lighting: Outdoor lighting shall be directed away from adjacent single family residences with no more than moon light (two lumens) at the property line. 4. Landscaping: In addition to compliance with Article 27B, Landscape Regulations, the subject property shall provide three inch diameter trees placed on fifty foot centers within ten feet of the east and south property lines (next to residentially zoned areas). 5. Trash Dumpsters: Dumpsters shall not be placed within 50 feet of adjoining residential zoned property. 6. Screening Fence: A screening fence shall be provided as required in the `B -1" Neighborhood Business District. 7. Time Limit: The Special Permit shall be deemed to have expired within one (I) year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Requested Council Action: Approval of the "B-4" General Business District, with a vote of four (4) to three (3). Summary: • The Request. The applicant has requested a zoning change from "A -1" and "A -2" Apartment House District to a "B -4" General Business District for the development of a three story hotel facility. The applicant also owns three lots east of the subject property which are zoned "B-4" and are part of the development proposal. (See attached Site Plan) Agenda Memorandum Case No 1106 -05 (Weber Plaza LLC) Page 2 Existing Land Use. The subject property is vacant. Single family residential uses abut the subject property on the east and south. To the west the subject parcel abuts single family residential uses and a vacant lot. Transportation: The north property line of the subject property contains 173.6 feet of frontage on Up River Road. Up River Road is a designated collector on the Urban Transportation Plan. According to the attached site plan the property owner is proposing to access Up River Road from the subject property. Access is also proposed off -site on the applicant's property from the IH -37 Frontage Road. TxDOT has indicated that the driveway accessing the frontage road should be placed at the western edge of the property as illustrated on the site plan. A final determination on driveway locations will be made when the subdivision plan for property is submitted. • Utilities. Water and wastewater lines are located along Up River Road in front of the property and / or immediately adjacent to the property. • Comprehensive Plan and Land Use Compatibility. The `B -4" General Business District zoning is not consistent with the Future Land Use Plan map which calls for multi- family residential uses and zoning. The "B-4" General Business zoning district allows uses which are generally not compatible with an existing single family residential area. Some of these incompatible uses include bars and auto repair businesses. The intersection of the IH -37 with Up River Road, combined with the signalized overpass may be considered a location for higher density uses such as a hotel if there is adequate protection to the surrounding single family neighborhood. Notification: Of the twenty (20) notices mailed to the surrounding property owners, one (1) was returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is considered non - controversial. Deborah A. Marroquin, P.E. Interim Director of Development Services MG /FGM/blp Attachments: 1) Zoning Report 2) Zoning Map 3) Planning Commission Minutes (11/15/06) 4) Ordinance H \PLN -DIR \ SHARED \ Beverly \2006 CC\ 1106- 05AGENDAMEMO.doc CITY COUNCIL ZONING REPORT Case No.: 1106 -05 Planning Commission Hearing Date: November 15, 2006 Applicant & Legal Description Applicant: Weber Plaza Development, LLC Owner: Weber Plaza Development, LLC Agent: Terry K. Orf, AIA, Architectko Legal Description/Location: .22 acres out of the easterly portion of Lot 4, Ellendale Gardens Subdivision and Ellendale Annex Block A , located on the southwest comer of Up River Road and IH -37 Zoning Request From: "A -1" and "A -2" Apartment House District To: `B -4" General Business District Area: 1.08 acres Purpose of Request: To combine the subject property with adjacent property and development a hotel. Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site "A -1" and "A -2" Apartment House District Vacant Multi- Family Residential North `B -4" General Business District and `B -1" Neighborhood Business Interstate 37 Heavy Industrial across Interstate 37 South "R -1B" One Family Dwelling District Single Family Residential Single Family Residential East `B -1" Neighborhood Business District and "R- 1B" One Family Dwelling District Single Family Residential Commercial and Single Family Residential West "A -2" Apartment House District Single Family Residential Multi- Family Residential ADP, Map Violations Area Development Plan: Westside Area Development Plan — The proposed use is not consistent with the future land use map which recommends multi - family residential uses. Map No.: 049046 Zoning Violations: None H: \PLN- DIR \SHARED\Beverly\2006 PC\ZONRPTS \ November \CC Reports \1106 -05 Weber Plaza LLC City Council Report.doc Zoning Report Case No. 1106 -05 (Weber Plaza, LLC) Page 2 Staffs Summary • The Request. The applicant has requested Apartment House District to a `B -4" General a three story hotel facility. The applicant property which are zoned "B -4" and are attached Site Plan) • Existing Land Use. The subject property the subject property on the east and south. family residential uses and a vacant lot. • Transportation: The north property line frontage on Up River Road. Up River Road Transportation Plan. According to the attached proposing to access Up River Road from off -site on the applicant's property from indicated that the driveway accessing the edge of the property as illustrated on the locations will be made when the subdivision • Utilities. Water and wastewater lines are property and / or immediately adjacent • Comprehensive Plan and Land Use Compatibility. District zoning is not consistent with the multi - family residential uses and zoning. allows uses which are generally not compatible residential area. Some of these incompatible businesses. The intersection of the IH -37 signalized overpass may be considered hotel if there is adequate protection to the a zoning change from "A -1" Business District for the also owns three lots east of part of the development proposal. is vacant. Single family residential To the west the subject parcel of the subject property contains is a designated collector site plan the property the subject property. Access the IH -37 Frontage Road TxDOT and "A -2" development of the subject (See uses abut abuts single 173.6 feet of on the Urban owner is is also proposed has at the western on driveway in front of the Business which calls for zoning district family repair with the uses such as a neighborhood. frontage road should be placed site plan. A final determination plan for property is submitted. located along Up River Road to the property. The `B -4" General. Future Land Use Plan map The "B -4" General Business with an existing single uses include bars and auto with Up River Road, combined a location for higher density surrounding single family 11 aExpressway Street Type Existing Paved Section Volume (2001) Interstate -37 Freeway/ 300+ ROW w /170 ft. paved section 53,760 a.d.t. Up River Road Collector 75' R.O.W. w/ 40 ft. paved 4,580 a.d.t. Zoning Report Case No. 1106 -05 (Weber Plaza, LLC) Page 3 acn A replat is required before building permits can be issued for the proposed use. • The `B -1" Neighborhood Business District is a compatible district for the subject property, given its corner location between the freeway and the surrounding single family residential area. However, the `B -1" District does not allow hotels as a permitted use. • In order to accommodate the applicant's desired use and provide the City with site plan control to minimize any adverse impacts on the adjacent neighborhood, `B -1" Neighborhood Business District with a Special Permit for a hotel may be appropriate. • The "B -1" Neighborhood Business District allows a wide variety of commercial uses but offers protection to the neighborhood by not allowing certain uses such as bars, auto repair shops, etc. • Accommodating this development will help to encourage redevelopment and economic growth in a Westside Area. Staff Recommendation Denial of the `B -4" General Business District and, in lieu thereof, approval of a B -1/ SP" Neighborhood Business District with a Special Permit that allows for a hotel or motel development, subject to a site plan with the following seven (7) conditions: 1. Use: The only use authorized by this Special Permit other than `B -1" Neighborhood Business District uses is a hotel or motel. 2. Height: Building height shall not exceed three stories. 3. Lighting: Outdoor lighting shall be directed away from adjacent single family residences with no more than moon light (two lumens) at the property line. 4. Landscaping: In addition to compliance with Article 27B, Landscape Regulations, the . . subject property shall provide three inch diameter trees placed on fifty foot centers within ten feet of the east and south property lines (next to residentially zoned areas). 5. Trash Dumpsters: Dumpsters shall not be placed within 50 feet of adjoining residential zoned property. 6. Screening Fence: A screening fence shall be provided as required in the `B -1" Neighborhood Business District. 7. Time Limit: The Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Zoning Report Case No. 1106 -05 (Weber Plaza, LLC) Page 4 Approval of the request for `B -4" General Commercial District Planning Commission voted 4 to 3 in favor of the request. 4 6 u 0 a U Number of Notices Mailed: 20 Favor: 1 Opposition: 0 (As of November 16, 2006) Attachments Zoning Map Applicant's Site Plan Staff Recommended Alternative Site Plan 300CT061HK F -R Farm Rural District RE Residential Estate District RA One Family Dwelling District R•IA One Family Dwelling District R -18 One Family Dwelling District R-1C One Family Dwelling District R•TH Townhouse Dwelling District R -2 Multiple availing District T -1A Travel Trailer Park District T -1B Manufactured Home Park Dist T -1C Manufactured Home Subdivision District Case No. Z1106 -05 Notice Map A -1 Apartment House District A-IA Apartment House District A-2 Apartment House District AT Apartment-Tourist District AB Professional Office Distract 1-1 Limited Industrial District 1-2 Light Industrial District 1-3 Heavy Industrial District SP Special Penrit PUD Planned Unit Development 8.1 Neighborhood Business District B-1A Neighborhood Business District B-2A Barrier island Business District B-2 Bayhont Business District BD Corpus Christ Beach Design Dist. 8-3 Business District B-4 General Business District 8.6 Primary Business District B-6 Primary Business Con District HC H lstoriW- Cultural Landmark Preservation NORTH 0 100 200 Feet Zoning Report Case No. 1106 -05 (Weber Plaza, LLC) Page 5 Applicant's Site Plan f W4 .Om. EPRBEENT .011 FENCE AL010 LAST 4111.A AM WE � CURRENTLY: B -4 ZONE DA= TAE INDICATED PERIMETER OF PEDP09® ZOOM CRAM Off -site Property Owned By Applicant 1 CURRENTLY: A -2 ZONE PROPOSED: B -4 Subject Property CURRENTLY: A -1 ZONE PROPOSED: B -4 PROPOSED SITE PLAN SCALE: 1'= 50' -0- Dumpste *0)r 0 Zoning Report Case No. 1106 -05 (Weber Plaza, LLC) Page 6 Staff Recommended Alternative Site Plan naCCEJ mm Ma[wnr a II FNEMfl ELSS, w5 m.11 ✓Rwcm we, (CURRENTLY: 3 -1 ZONE DASIC LNE II.DICAIED PEaPETEP. CF PRCPCSED ZAIIVC CHANGE ery C!URRENTL'Y: A-2 ZONE Alternate Dempster Location CURRENTLY: A -1 ZONE O (M PROPOSED SITE PLAN - ALTERNATE MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — November 15, 2006 5:30 P.M. V. ZONING 1. New Zoning a. Case No. 1106 -05 Weber Plaza Development, LLC: A change of zoning from "A -1" Apartment House District and "A -2" Apartment House District to a "B -4" General Business District .22 acres out of the easterly portion of Lot 4, Ellendale Gardens Subdivision and Ellendale Annex Block A , located on the southwest comer of Up River Road and IH -37 In view of Vice - Chairman Garza abstaining from the above zoning case, motion was made by Commissioner Braselton and seconded by Commissioner Martinez appointing Commissioner Pusley to act as chairman on this case. Robert Payne presented the above case requesting a `B -4" General Business District for the development of a three (3) story hotel building to be located at the southwest corner of Up River Road and IH -37. The applicant owns three lots east of the subject property which are zoned a `B -4" General Business District with the subject property being vacant. The surrounding land use consists of single family residential development. As the `B -4" General Business District is inconsistent with the future land use map and offers some incompatible uses such as bars and auto repair businesses for the residential area, Staff recommends denial of the "B -4" General Business District and, in lieu thereof, approval of a "B-1"/SP" Neighborhood Business District with a Special Permit subject to a site plan and seven (7) conditions. Public hearing was opened. Jimmy Rodriguez, representing Leopard Street Corridor Association, 4002 Up River Road, Corpus Christi, Texas stated the Leopard Street Corridor Association is in favor of the zoning request. Mr. Rodriguez stated he had met with the applicant and is very pleased with the plans for this project and would appreciate the Planning Commission's positive consideration. Tim Clower, Clower Company, 415 Starr Street, Corpus Christi, Texas stated his involvement in revitalizing the area within the Leopard corridor and has been involved with the 250 unit apartment development located at McBride and IH37. Mr. Clower stated this is another step toward the endeavor of revitalizing this area and Mr. Clower recommended approval of the rezoning. Joe Triesky, Choice Hotels, 316 Riverwalk Lane, Irving, Texas stated that Choice Hotels has a history of 5200 hotels being built around the world such as Comfort Suites, Econo Hotels, etc. Choice Hotels as part of their building standard recommends a three story hotel building for visibility, ADA access, aesthetics such as parking, trash dumpster locations, etc. Terry Orf, TKO Architecture, 3430 S. Alameda, Corpus Christi, Texas stated from an architectural standpoint, the preference is a `B -4" General Business District. With a special permit, the time line of one year can be restrictive. Eloy Salazar, Salazar Investments, 418 Peoples Street, Corpus Christi, Texas stated that we have met with the neighborhood and have their full support. Regarding the time restraint, the building could take between one to two years to build. Mr. Salazar stated the desire to have one zoning for entire the project. Also, most banks do not support a special permit which can be a problem for a small investor. Trina Garcia, 917 Oak Park Avenue, Corpus Christi, Texas stated this area needs to be re- vitalized and am in support of this rezoning. Lanni Garcia, 917 Oak Park Avenue, Corpus Christi, Texas stated his hesitancy regarding this hotel at first but after receiving additional information I believe this will beautify our neighborhood. This community has been going downhill but this will bring the community forward and help the surrounding businesses. Max Mullen, 781 W. Cornelius Circle Lot #27, Corpus Christi, Texas stated his side driveway is located at the back of the hotel. Mr. Mullen stated his agreement with a `B -1" Neighborhood Business District with a Special Permit but should something other than a hotel be. built, I don't believe I would support it. Public hearing was closed. Commissioners Martinez and Skrobarczyk stated their support of the `B -4" General Business District with Commissioners Pusley and Huerta stating support of' a `B -1" Neighborhood Business District with a Special Permit due to the "B -4 "General Business uses. After discussion, motion for approval of a `B -4" General Business District was made by Commissioner Martinez and seconded by Commissioner Skrobarczyk. Motion passed with a vote of 4 to 3. AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY WEBER PLAZA DEVELOPMENT, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 0.22 ACRES OUT OF THE EASTERLY PORTION OF LOT 4, ELLENDALE GARDENS SUBDIVISION AND ELLENDALE ANNEX BLOCK A FROM "A -1" APARTMENT HOUSE DISTRICT AND "A -2" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; 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 Weber Plaza Development LLC, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 15, 2006, during a meeting of the Planning Commission, and on Tuesday, December 19, 2006, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 0.22 acres out of the easterly portion of Ellendale Gardens Subdivision Lot 4 and all of Ellendale Annex Block A, located on the southwest corner of Up River Road and IH -37, from "A -1" Apartment House District and "A -2" Apartment House District to "B -4" General Business District. (Map 049 -045) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 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 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 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 19th day of December, 2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: December 13, 2006. . Smith Assistant City Attorney For City Attorney H:1LEG -DI R\ Shared \GaryS\agenda\2006112- 19\ORD- 1106 -05W eberP IazaDevelopmentLLC.doc Page 3 of 3 Corpus Christi, Texas day of , 2006 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. liwe, 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, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H :LEG -DI R \S hared \GaryS \agenda\2006 \12- 19 \ORD- 1106- 05WeberPlazaDevelopmentLLC.doc STATE OF TEXAS COUNTY OF NUECES FIELD NOTES FOR THE EASTERLY PORTION OF LOT FOUR (4), ELLENDALE GARDENS ANNEX, A SUBDIVISION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY THE MAP OR PLAT THEREOF RECORDED IN VOLUME 4, PAGE 58 MAP RECORDS OF NUECES COUNTY, TEXAS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD SET FOR THE SOUTHWEST CORNER OF BLOCK A, ELLENDALE GARDENS ANNEX, RECORDED IN VOLUME 10, PAGE 28, MAP RECORDS OF NUECES COUNTY, TEXAS, THENCE SOUTH 24 DEGREES, 15 MINUTES, 06 SECONDS WEST FOR A DISTANCE OF 12.65 FEET, TO A 5/8 INCH IRON ROD SET FOR THE SOUTHEAST CORNER OF THIS TRACT AND POINT OF BEGINNING. THENCE NORTH 53 DEGREES, 29 MINUTES, 24 SECONDS WEST FOR A DISTANCE OF 97.63 FEET, TO A 5/8 INCH IRON ROD, SET FOR THE SOUTHWEST CORNER OF THIS TRACT. THENCE NORTH 24 DEGREES, 19 MINUTES, 36 SECONDS, EAST FOR A DISTANCE OF 101.55 FEET, TO A 5/8 INCH IRON ROD SET ON THE PROPERTY LINE BETWEEN LOTS 3 AND 4 ELLENDALE GARDENS FOR THE NORTHWEST CORNER OF THIS TRACT. THENCE SOUTH 52 DEGREES, 36 MINUTES, 58 SECONDS EAST ALONG THE PROEPRTY LINE OF LOTS 3 * 4 FOR A DISTANCE OF 97.83 FEET, TO A 5/8 INCH IRON ROD SET, FOR THE NORTHEAST CORNER OF THIS TRACT. THENCE SOUTH 24 DEGREES, 15 MINUTES, 06 SECONDS WEST ALONG THE WEST LINE OF BLOCK A, ELLENDALE GARDENS ANNEX, FOR A DISTANCE OF 100.05 FEET TO THE POINT OF BEGINNING CONTAINING 0.221 ACRES OF LAND MORE OR LESS. llD(o•OS if rriLrrY FASI'MIiNT C.P.&L.'TRANSMLYSION IA51iIIi.YE ELLENDALE ANNEX BLOCK A so I ❑1L1'f1' KASEMENT 3.75' POWE. / ,�.,.. ... .000 POLES E g .ice IL �`�wcsum.yal.n $ N63h 13 �,;RR 0S€0.0_ .o L — --~ TO: WEBER PLAZA DEVELOPMENT, LLC AND SECURITY TITLE GF# 054884251 SURVEY OF ELLENDALE ANNEX SCALE_1 ° =a0 BLOCK A, AND A PORTION NOTES: 1. 5/8' IRON RODS AT ALL CORNERS. OF LOTS 3 AND 4 ELLENDALE GARDENS M i E S A DAY u INC DI PM: NALY DESCRIBED AND R CORR= AID 71A7 DEAE ARE NO DL� T$ SIKOTAOES W AREA EOOYRUfr We CT.WLD YSWLE e Is- r FL /ERELM SYO ACCESS TO A10 MOII A OEOICA$0 ROADWAY, EXEMPT REDMOND PAO S9O'AL LAND SDIYYEIAY TEXAS WORSE NO INN • OAS AS 10 T NE INAP I RMYS Ltl1YSLLTEO OL IEYA YAPS I A FOUND JNAT )It /LAD MOM PFCPERO' B NOI LOCHS N A 94OAL 8000 YALMD ANEA INC INC 1fiU1 OATW AUGUST 2005 DtiCrr YfR MRAT C t W �4O 511._ MAP MOMS HUMES COMTE ID.OS NOM TnI Blatt NI FOR IIE SOIL OR CS DE MDR, ME COMPARE OR MORTOAYE CD PARY IN NW IIDNIACIUI COLT. \\Paul \c•Surveys\OIWIA DRIVE S➢RVEY.dwo JUIDIROWS MOO 5 PM CSr Zoning Report Case No. 1106-05 (Weber Plaza, LLC) Page 5 Applicant's Site Plan PROMO] EMS u6s61YP16R MK MC AIM (ASf Mu scum RO'mf MES 1H1. IS' REM SEWN CURRENTLY: B -4 ZONE Off -site Property Owned By Applicant 11 CURRENTLY: A -2 ZONE PROPOSED: B -4 CURRENTLY: A -1 ZONE PROPOSED: B -4 Subject Property 0 0 Dumpster PROPOSED SITE PLAN $� SCALE: 1'= 50' -0' HOTEL OEVSLOPHrxr AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY WEBER PLAZA DEVELOPMENT, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 0.22 ACRES OUT OF THE EASTERLY PORTION OF LOT 4, ELLENDALE GARDENS SUBDIVISION AND ELLENDALE ANNEX BLOCK A FROM "A -1" APARTMENT HOUSE DISTRICT AND "A -2" APARTMENT HOUSE DISTRICT TO "B -1" NEIGHBORHOOD BUSINESS DISTRICT WITH A "SP" SPECIAL PERMIT, SUBJECT TO A SITE PLAN AND SEVEN CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; 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 Weber Plaza Development, LLC, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 15, 2006, during a meeting of the Planning Commission, and on Tuesday, December 19, 2006, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 0.22 acres out of the easterly portion of Ellendale Gardens Subdivision Lot 4 and all of Ellendale Annex Block A, located on the southwest corner of Up River Road and IH -37, from "A -1" Apartment House District and "A -2" Apartment House District, to "B -1" Neighborhood Business District with a "SP" Special Permit for a hotel /motel, subject to a site plan and seven conditions. (Map 049 -045) 1. Use: The only use authorized by this Special Permit other than "B -1" Neighborhood Business District uses is a hotel or motel. 2. Height: Building height shall not exceed three stories. 3. Lighting: Outdoor lighting shall be directed away from adjacent single family residences with no more than moon Tight (two lumens) at the property line. Page 2 of 4 4. Landscaping: In addition to compliance with Article 27B, Landscape Regulations, the subject property shall provide three inch diameter trees placed on fifty foot centers within ten feet of the east and south property lines (next to residentially zoned areas). 5. Trash Dumpsters: Dumpsters shall not be placed within 50 feet of adjoining residential zoned property. 6. Screening Fence: A screening fence shall be provided as required in the. "B -1" Neighborhood Business District. 7. Time Limit: The Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 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 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 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 19th day of December, 2006. H \LEG -DI R\S hared \GaryS\agendaQ006112- 19 \oRD- 1106 -05WeberPlaza DevelopmentLLCAltern ate.doc ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: December 13, 2006. GMry W. Smith Assistant City Attorney For City Attorney Page 3 of 4 Henry Garrett Mayor, City of Corpus Christi H:\LEG- DIR\Shared \Ga ryS\agenda12006512- 19 \ORD- 1106 -05 WeberPlazaDevelopmentLLCAlte rnate.doc Page 4 of 4 Corpus Christi, Texas day of , 2006 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, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H:1LEG -DI R\ Shared \GarySlagenda\2006112- 19 \oRD- 1106- 05WeberPlazaDevelopmentLLCAlternate. doc Zoning Report Case No. 1106-05 (Weber Plaza, LLC) Page 6 Staff Recommended Alternative Site Plan "cl E Ir. Ell (NA El E, 11 LP.L. igy +0 - I cuRENTLY: B—d LONE iX.IE LIE eiStAlta i'llttETES isiecescs •;tcelrie CIPME C,...1!CINTLY: A-2 10,4E u',2RENTLd: rAE etc. tfrt 4. Off-site Property Owned By Applicant Alternate Dumpster Location PIROPMED_ATE_ELAN • AXTEMIA37 , t 39 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: 12/19/06) Case No. 1106 -07, Grunwald Printing: A change of zoning from "R -2" Multiple Dwelling District to a "B-4" General Business District on Bayview Unit 2, Lots 7 and 14, Block 3, located at 1215 11th Street and 1218 121h Street, approximately 150 feet north of Morgan Avenue. Planning Commission Recommendation (11 /15 /04 Approval of the "B -4" General Business District. Staff's Recommendation (11/15/06): Denial of the `B -4" General Business District. Requested Council Action: Approval of the `B -4" General Business District. Summary: • Request: The applicant has requested a zoning change from "R -2" Multiple Dwelling District to "B -4" General Business District to allow for the expansion of the existing Grunwald Printing business located adjacent to the subject property. • Existing Land Use: The two lots subject to the zone change currently have existing residential houses. One lot has frontage on 11th Street, the other lot has frontage on 12th Street, both local roadways. These lots are adjacent to the Grunwald Printing property, approximately 150 feet north of Morgan Avenue. • Zoning: The purpose of the `B -4" District is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along arterial streets serving a general mixture of commercial and service activity. The `B -4" District allows uses such as restaurants, bars, hotels, motels, boat and auto sales, and enclosed mini - storage. Such uses are not compatible next to residential property. An extension of the "B-4" District further into the residential area promotes commercial activity traversing the residential area. • Transportation: The lots subject to the zone change are located to the north of Morgan Avenue, on 11t and 12th Streets. Morgan Avenue is classified as a Minor Arterial Undivided in the Urban Transportation Plan. The Plan states the purpose of a Minor Arterial is to provide citywide and inter neighborhood traffic mobility and the primary emphasis is on traffic movement and more emphasis on land access than the Secondary Arterial. 11th Street and 12th Street are designated as local access streets. The local street is intended to discourage through traffic and is designed for low volumes of traffic to serve residential property. Agenda Memorandum Case No 1106 -07 (Grunwald Printing)) Page 2 • Comprehensive Plan and Land Use Compatibility. The commercial land use is inconsistent with the Future Land Use Plan. The Corpus Christi Policy Statements indicate that major commercial uses and zoning should be located at the intersection of two arterial streets. The two lots subject to the zoning change request are located on local streets, 11`h and 12`h Street, approximately 150 feet north of Morgan Avenue. This mid -block location is not an optimum area for general commercial uses. Notification: Of the twenty -three (23) notices mailed to the surrounding property owners, two (2) were returned in favor and two (2) were returned in opposition. The 20% rule is not invoked. This case is considered non - controversial. Deborah A. Marroquin, P.E. Interim Director of Development Services MG /FGM/blp Attachments: 1) Zoning Report 2) Zoning Map 3) Planning Commission Minutes (11/15/06) 4) Ordinance H \PLN- D1R\ SHARED \ Beverly \2006 CC\ 1106 -07AG ENDAMEMO.doc CITY COUNCIL ZONING REPORT Case No.: 1106 -07 Planning Commission Hearing Date: November 15, 2006 Applicant & Legal Description Applicant: Grunwald Printing Owner: Same as applicant Agent: Wayne Lundquist Legal Description /Location: Bayview Unit 2, Lots 7 and 14, Block 3, located at 1215 11` Street and 1218 12th Street, approximately 150 feet north of Morgan Avenue. Zoning Request From: "R -2" Multiple Dwelling District To: "B -4" General Business District Area: 0.31 acres / 13,500 square feet Purpose of Request: To allow expansion of Grunwald Printing business. Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site "R -2" Multiple Dwelling District Vacant Multi - family North "R -2" Multiple Dwelling District Single family residential Multi - family South "B -4" General Business District Commercial Commercial East "R -2" Multiple Dwelling District Single family residential Multi- family West "R -2" Multiple Dwelling District Single family residential Multi - family ADP, Map & Violations Area Development Plan: South Central Area Development Plan- The future land use map recommends a multi - family residential use. An expansion of commercial is inconsistent with the future land use map. Map: 046043 Zoning Violations: None Zoning Report Case No. 106 -07 (Grunwald Printing) Page 2 Staffs Summary • Request: The applicant has requested a zoning change from "R -2" Multiple Dwelling District to `B -4" General Business District to allow for the expansion of the existing Grunwald Printing business located adjacent to the subject property. • Existing Land Use: The two lots subject to the zone change currently have existing residential houses. One lot has frontage on 11th Street, the other lot has frontage on 12th Street, both local roadways. These lots are adjacent to the Grunwald Printing property, approximately 150 feet north of Morgan Avenue. • The purpose of the `B -4" District is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along arterial streets serving a general mixture of commercial and service activity. The `B -4" District allows uses such as restaurants, bars, hotels, motels, boat and auto sales, and enclosed mini - storage. Such uses are not compatible next to residential property. An extension of the `B -4" District further into the residential area promotes commercial activity traversing the residential area. • Transportation: The lots subject to the zone change are located to the north of Morgan Avenue, on 11th and 12th Streets. Morgan Avenue is classified as a Minor Arterial Undivided in the Urban Transportation Plan. The Plan states the purpose of a Minor Arterial is to provide citywide and inter neighborhood traffic mobility and the primary emphasis is on traffic movement and more emphasis on land access than the Secondary Arterial. 11th Street and 12th Street are designated as local access streets. The local street is intended to . discourage through traffic and is designed for low volumes of traffic to serve residential property. • Comprehensive Plan and Land Use Compatibility: The commercial land use is inconsistent with the Future Land Use Plan. The Corpus Christi Policy Statements indicate that major commercial uses and zoning should be located at the intersection of two arterial streets. The two lots subject to the zoning change request are located on local streets, 11th and 12th Street, approximately 150 feet north of Morgan Avenue. This mid -block location is not an optimum area for general commercial uses. Street R.O.W. Street Type Paved Section Volume (2001) ,: 11th Street Local 60' ROW Not available 12th Street Local 60' ROW Not available Morgan Avenue Arterial 95' ROW with 64' back to back pavement 13,820 ADT Zoning Report Case No. 1106 -07 (Grunwald Printing) Page 3 H O a+ 'a CID The property is platted. Department Comments • Expansion of general commercial zoning into the existing "R -2" zoning will negatively impact the residential area by promoting commercial activity traversing the neighborhood. • Traffic impacts will be greater with a `B -4" General Business on 11th Street and. 12th Streets, which are local streets and primarily serve residential uses of the area. • `B -4" District should be reserved for major streets where general mixture of commercial and service activity currently exists. In addition, buffering of commercial uses adjacent to residential areas should be provided. The expansion of Grunwald Printing will impact the residential character on 11th and 12` Streets. • Expansion of the building and the addition of employees will require additional parking spaces on the site. • If the building expansion encroaches the alley easement, abandoning the alley will be required. Denial of the `B -4" General Business District. Approval of the `B -4" General Business District. ' g 0 Number of Notices Mailed: 23 Favor: 2 Opposition: 2 (As of November 15, 2006) Attachment: Zoning Map H: \PLN -DIR \SHARED \Beverly\20D6 PCZONRPTS \November \CC Reports \1106 -07 Grunwald zoning report.doc 300CTOBIHK F•R Farm Rural District RE Residential Estate District RA One Family Dwelling District R -1A One Family Dwelling District R•1B One Family Dwelling District R -1C One Family Dwelling District R -TH Townhouse Dwelling District R -2 Multiple Dwelling District T -1A Travel Trailer Park District T -1B Manufactured Home Park Dist. T -1C Manufactured Home Subdivision District Case No. Z1106 -07 Notice Map A -1 Apartment House District A•1A Apartment House District A -2 Apartment House District AT Apartment - Tourist District AB Professional Office District 1-1 Limited Industrial District 1-2 Light Industrial District 1-3 Heavy Industrial District SP Special Permit 8-1 Neighborhood Business District B-1A Neighborhood Business District B-2A Barrier Island Business District B 2 Bayfront Business District BD Corpus Christi Beach Design Dist. 13-3 Business District 8-4 General Business District B -5 Primary Business District 13-6 Primary Business Core District NORTH PUD Planned Unit Development Historical- Cultural Landmark Preservation 0 100 200 Feet MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — November 15, 2006 5:30 P.M. V. ZONING 1. New Zoning b. Case No. 1106 -07 Grunwald Printing: A change of zoning from "R -2" Multiple Dwelling District to a "B -4" General Business District Bayview Unit 2, Lots 7 and 14, Block 3, located at 1215 11th Street and 1218 12th Street, approximately 150 feet north of Morgan Avenue. Shannon Murphy presented the above mentioned case for a "B-4" General Business District to allow expansion of the Grunwald Printing Business which is located adjacent to the subject property. The subject property is located north of Morgan Avenue and the land use consists primarily of single family residential and commercial use to the south. Staff recommends denial of the `B -4" General Business District due to its proximity to residential development and the designation of 11th and 12th Streets as local streets which are intended to serve residences not commercial. There were twenty-three (23) notices mailed out with two (2) returned in favor and (2) returned in opposition. Public hearing was opened. Wayne Lundquist, 700 Everhart, Corpus Christi, Texas stated that the company has been at this location for 45 years and this request is needed for expansion of the current location: Mr. Lundquist stated that it would not be economical for them to move their business. John Grunwald, 1418 Morgan Street, Corpus Christi, Texas stated that Grunwald Printing was started in 1954 by my grandfather. In 1961, we moved the business to its present location. Fifty percent of the business is done locally with the remaining 50% done through other parts of Texas. Our goal is to add on to the building moving additional inventory into the new portion of the building and locating the new equipment into the older part of the building and away from the residential area. There will be no additional noise caused by the building change. Mr. Grunwald stated appreciation for the Commission's consideration in this rezoning. Gabe Gonzalez, General Manager of Grunwald Printing, Portland, Texas stated he has worked for Grunwald Printing for twenty-one years and gave an overview of the company's assets stating the November 4, 2006 financials showed payroll in the amount of a $1.9 million dollars with assets of 2.2 million. Expansion of the business would provide five to ten new jobs. Roy Garcia, 1216 12th Street, Corpus Christi, Texas stated he has lived at this location for twenty-one years and is in favor of this zoning. As years have gone by, there has been an increase in rental properties and because of the space between our home and 11th Street, there has been increased traffic, graffiti and defacing of property. If Mr. Grunwald can provide lighting and fencing, I would be in support of the rezoning. John Grunwald, 1418 Morgan Street, Corpus Christi, Texas stated willingness to work with Mr. Garcia. Faryce Goode -Macon stated that expansion of the building and the addition of employees would require additional parking spaces to be provided. Public hearing was closed. Motion for approval of a `B -4" General Business District was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez. Motion passed unanimously with Chairman Stone being absent. AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GRUNWALD PRINTING, BY CHANGING THE ZONING MAP IN REFERENCE TO BAYVIEW UNIT 2, LOTS 7 AND 14, BLOCK 3, FROM "R -2" MULTIPLE DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A PENALTY; 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 Grunwald Printing, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 15, 2006, during a meeting of the Planning Commission, and on Tuesday, December 19, 2006, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Bayview Unit 2, Lots 7 and 14, Block 3, located at 1215 11th Street and 1218 12th Street, approximately 150 feet north of Morgan Avenue from "R -2" Multiple Dwelling District to "B -4" General Business District. (Map 046043) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. Page 2 of 3 SECTION 6. 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 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 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 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 19th day of December, 2006. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett. City Secretary APPROVED: December 13, 2006. G &ry 1CV. Smith Assistant City Attorney For City Attorney Mayor, City of Corpus Christi H:\LEG -DIR\ Shared \GaryS \agenda\2006V12- 19 \ORD- 1106- 07Grunwald -reg BayviewUnit2.doc Page 3 of 3 Corpus Christi, Texas day of , 2006 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, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H:\ LEG- DIR \Shared1GaryS\agenda\2006 112- 19 \ORD- 1106- 07Grunwald -reg BayviewUnit2.doc 40 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: (Caption/Title of Presentation as it should appear on the agenda) a. The Duncan Associates "Utility Alternative Financing Study" - alternative funding methods for financing the expansion of wastewater and storm water facilities to accommodate the demands of growth. b. Funding needs for wastewater infrastructure to sustain development growth. STAFF PRESENTER(S): Name Title /Position Department 1. Mary Frances Teniente, P.E. Assistant Director Development Special Services Services OUTSIDE PRESENTER(S): Name 1. James B. Duncan, FAICP Title /Position President Organization Duncan Associates ISSUE: Alternative methods of financing expansion of the wastewater and storm water facilities to accommodate the demands of growth. BACKGROUND: City retained Duncan Associates to present and evaluate alternatives and options available to the City and recommend course of action. REQUIRED COUNCIL ACTION: None Debbie Ma ro uin, Acting Director of D elopment Services 41 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: 2007 Water Master Plan Update STAFF PRESENTER(S): Name 1. Ronald F. Massey 2. Eduardo Garana, P.E., 3. 'Angel R. Escobar, P.E. OUTSIDE PRESENTER(S): Name 1. Dan Leyendecker, P.E. 2. Title /Position Asst. City Manager Director Director Title /Position President. Department Public Works Water Dept Engineering Svcs Organization LNV, Inc. ISSUE: The City of Corpus Christi has exceeded the growth and demand projections of the 1997 Master Plan requiring a master plan update. LNV Engineering, in association with Carollo Engineers, was authorized by City Council to update the water distribution master plan on February 14, 2006. This update will address City growth in demand projections. 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Tom Utter Title /Position Special Assistant to the City Manager OUTSIDE PRESENTER(S): Name Title /Position 1. Dr. Carlos Garcia President, Del Mar College 2 Chris Adler President, Board of Regents, Del Mar College 3. Other Members of the Board of Regents, Del Mar College ISSUE AND BACKGROUND: The City Council adopted its Legislative Agenda for2007 at the Council meeting of December 12, 2006. Included in that Agenda was strong support for the Del Mar College District. Del Mar College will be making a presentation on its upcoming Work Program and legislative agenda in order to keep the City Council informed and to coordinate with the City. REQUIRED COUNCIL ACTION: None Power Point Presentation W. Thomas Utter Special Assistant to the City Manager 43 City Council Agenda Memorandum City Council Action Date: December 19, 2006 AGENDA ITEMS: A) Second Reading Ordinance — Ordinance granting to EarthLink, Inc. a one - year, non - exclusive franchise to operate, maintain, construct, extend, and upgrade facilities of a wireless network in the public rights of way. B) Second Reading Ordinance — Ordinance granting to EarthLink, Inc. a ten - year, non - exclusive franchise to operate, maintain, construct, extend, and upgrade facilities of a wireless network in the public rights of way. C) Ordinance approving the First Revised Agreement for services between the City of Corpus Christi and the CC Digital Community Development Corporation. D) Ordinance approving the Asset Purchase Agreement by and among EarthLink, Inc. and the City of Corpus Christi, Texas, and the CC Digital Community Development Corporation to sell wireless components of the City of Corpus Christi Integrated Wi -Fi Network. E) Ordinance acknowledging the Network Services Agreement between EarthLink, Inc. and the CC Digital Community Development Corporation, regarding operation of a wireless broadband network and agreeing to perform all obligations of the Corporation thereunder not performed by the Corporation. F) Other actions related to the above. ISSUE: In September 2005, after a successful pilot program, the City Council approved expansion of the City's wireless communication network throughout the City. The Network was recently completed, which included radios and other wireless components, as well as to support automated meter reading equipment. In January 2006, the City Council approved a resolution creating the CC Digital Community Development Corporation to administer the Network in furtherance of a number of public purposes related to the improvement of City services at reduced cost and the enhancement of economic activity in the community. In April 2006 the City and the Corporation entered into a services agreement obligating the Corporation to operate and maintain the Network in accordance with those purposes. The City requested that interested parties provide proposals of interest in collaborating with the City in the provision of network -based products and services through the City's wi -fi network. In carrying out its responsibilities, the Corporation entered into negotiations with EarthLink, Inc. for EarthLink to utilize the Network to provide Internet access services. During those negotiations, EarthLink proposed that it purchase the wireless portion of the Network. Staff serving the City and the Corporation, with the assistance of consultants, has explored the benefits of such sale and believe it is in the best interest of the City. In November 2006, a first reading ordinance was approved to grant EarthLink a franchise. Negotiations have now resulted in an agreement that includes the following terms: 1. EarthLink will pay the City $5,300,000 for the radios and other wireless components of the Network, 70% ($3,710,000) upon closing and 30% ($1,590,000) a little over one year later. The City will retain its fiber that provides backhaul for the wireless system and its automated meter reading equipment. 2. The second payment is subject to setoff for: a) unpaid anchor tenancy payments; b) the warranty in 3, below; and c) damages caused resulting from unassumed liabilities and certain misrepresentations as provided in the agreement. 3. The equipment is transferred on an as is, with all faults, basis, except that the City will warrant that the quantity and model of the equipment is as stated in the listing of assets and will warrant, for 90 days, that the equipment that is has been installed is without defect or damage resulting from installation. 4. EarthLink will upgrade the Network with industry standard equipment and at a level on parity with other comparable cities it serves. The general scope of services offered to the public and the Corporation will not be diminished. 5. The City's Community Portal will have a prominent link on EarthLink's landing page. The Landing Page will feature a Corpus Christi theme. The Community Portal will be controlled by the Corporation for a variety of uses such as schools, local governments, community organizations, and local business marketplace. 6. The Corporation and City will have the right to designate ten free internet access hot zones in public areas such as City Hall, convention center, libraries, and parks. 7. The Corporation will purchase a minimum of $450,000 annually in services from EarthLink at favorable price levels stated in the agreement. 8. EarthLink will purchase a minimum of $237,000 annually in services from the Corporation at favorable price levels including tower usage, backhaul connections, and other mutually agreed upon services. 9. EarthLink will have the right to use City rights of way and traffic signal poles, to use building rooftops and similar premises for antennas for an agreed payment, and to use City backhaul at prescribed prices beyond the minimum described in 8, above. 10. EarthLink will pay to the Corporation 5% of the greater of the following Network revenues: 1) receipts from wireless access services, or 2) all other receipts, including but not limited to advertising and voice. 11. EarthLink will provide coverage in accordance with a coverage map attached to the agreement. 12. The target date for full commercial operation is the end of May 2007 (however, EarthLink expects to be in full operation earlier, barring unforeseen problems). 13. Closing is to be as soon as practicable, and will probably occur in early January. 14. Closing is subject to certain conditions, including: a) final acceptance of installation contract with City's vendor; 2) acquisition by EarthLink of sufficient equipment mounting rights; 3) acceptable contract for electric service. 15. The agreement as to mutual services and use of City property will have a tens of 10 years, with a right for EarthLink to extend for two additional 5- year periods. Some of the benefits of the agreement are: 1. The financial benefits described above. 2. Expedited achievement of the purposes of the Network. 3. Availability to the public and businesses of comprehensive wireless Internet services at an earlier date than otherwise possible. 4. Operation and maintenance of the Network by a major national company, with substantial expertise and resources. 5. Relieving the City and Corporation of the costs of developing, maintaining and upgrading the Network. 6. Permitting the Corporation to develop the free access community website at an earlier date than otherwise possible. 7. Setting the framework for a cooperative public /private relationship that combines the benefits of both sectors. Implementation of the above agreement will require entering into the following agreements: 1) an Asset Purchase Agreement whereby the radios and other components of the wireless system are conveyed to EarthLink; 2) a Network Services Agreement with mutual obligations between EarthLink and the Corporation, guaranteed by the City; 3) a franchise for EarthLink to use the public rights of way, consistent with the sale and services agreements. The final wording of these agreements is being completed, and will be furnished to Council next week. RECOMMENDATION: That the above agenda items be approved as submitted. Oscar Martinez Assistant City Manager AN ORDINANCE GRANTING TO EARTHLINK, INC. A NON - EXCLUSIVE ONE YEAR FRANCHISE TO OPERATE, MAINTAIN, CONSTRUCT, EXTEND, AND UPGRADE FACILITIES OF A WIRELESS NETWORK IN THE PUBLIC RIGHTS -OF -WAY WHEREAS, the City of Corpus Christi, Texas (the "City ") and EarthLink, Inc. (the "Grantee ") contemplate entering into an agreement (the "Agreement ") whereby certain assets of the City of Corpus Christi Citywide Integrated Wi -Fi Network will be transferred to Grantee in consideration of cash and commitments of Grantee beneficial to the City's purposes for the Network made by Grantee entering into an agreement with the CC Digital Community Development Corporation (the "Corporation ") to provide certain network access to the City as managed by the Corporation ( "Network Services Agreement "); and WHEREAS, for implementation of the Agreement, the City and the Grantee desire that the City grant a franchise for the Grantee to use the City right -of -way and other property as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City hereby grants to the Grantee a non - exclusive franchise to acquire, construct, install, operate, maintain, extend, and upgrade facilities of its wireless network (the "Network ") in, over, under and across the public rights -of -way of the City, including, without limitation, the installation of radios, the right to erect poles or other structures for attachment of radios, and the right to access, use and install fiber. The City hereby grants Grantee the non- exclusive right to use any easements and rights -of -way owned or controlled by the City for access to City owned property or third party property (subject to Grantee obtaining approval from the third party property owner) insofar as consistent with the City's right in the easement or right -of -way and consistent with and subordinate to the primary purpose and use of the easement or right -of -way. SECTION 2. The term of the franchise shall commence on the effective date of this franchise and shall continue in effect for one year unless superseded by the commencement of a longer -term franchise. SECTION 3. During the Term, the City hereby grants to Grantee the continuing right to connect to, transmit through and use in connection with the Network the fiber optic transmission system owned or leased by the City in connection with the Network ( "Fiber System ") in accordance with standards and protocols in the Network Services Agreement or agreements incidental thereto. The City hereby authorizes the Corporation to cooperate with Grantee in Grantee's access of the City Fiber and to execute such additional agreements designating the speed and number of lines of the Fiber System for Grantee's use and related charges, if any, without the necessity of further approvals by the City Council ( "Leased Fiber "). Provided, however, nothing herein shall prevent the City from conveying the Fiber System or any part thereof to the Corporation. SECTION 4. During the Term, the City hereby grants to Grantee the continuing right to connect to, transmit through and use in connection with the Network the wireless assets owned or leased by the City ( "City Wireless Assets ") in accordance with standards and protocols in the Network Services Agreement or agreements incidental thereto. The City hereby authorizes the Corporation to cooperate with Grantee in Grantee's access of the City Wireless Assets and to execute such additional agreements designating the speed and other specifications and charges, if any, without the necessity of further approvals by the City Council. Provided, however, nothing herein shall prevent the City from conveying the City Wireless Assets or any part thereof to the Corporation. SECTION 5. The City owns, operates and maintains certain assets, such as building rooftops, radio towers, and data center or collocation facility locations (collectively, the "Premises "). During the Term, the City hereby grants to Grantee the continuing right and license to operate the Network on such Premises and to access, and install directly onto or within any part of the Premises and operate and maintain radios, antennae and other devices in the number designated by Grantee and to the co- location of equipment and telecommunications lines and circuits ( "Co- located Devices ") on the Premises as set forth in an applicable Antennae Site Use Agreement that identifies the particular Premises and locations thereon that are appropriate for the installation of such devices considering the character and use of the Premises. The City hereby authorizes the Corporation with respect to Premises under its control or the City Manager to cooperate with Grantee in Grantee's access and use of the Premises, and to execute such additional agreements designating the specific Premises and related rental amounts mutually agreed upon by Grantee and the Corporation or the City Manager ( "Antennae Site Use Agreement "). SECTION 6. As compensation for the rights and privileges herein conferred, Grantee shall pay monthly to the Corporation a payment based upon a revenue share for the access services provided to customers through the Network; provided however, Grantee shall pay to the Corporation separate payments for the Leased Fiber and the Premises. The revenue share for the access services will equal a percentage between three and five percent (3 -5 %) (as specified in the Network Services Agreement) of Grantee's total gross receipts collected and received by Grantee for the applicable wireless access retail, wholesale and occasional use services provided via the Network in the City and in the City's extra - territorial jurisdiction locations covered by the Network (i) less any applicable sales taxes or government required fees, (ii) less refunds, credits and charge - backs, (iii) less any amounts paid by the City or the Corporation to Grantee ( "Access Revenue "). Access Revenue does not include fees for add -on products, CPE, installation, advertising, content, bounties and referral fees, fees for sales through Internet commerce sites, VoIP or other voice capabilities (except as may be agreed in the Network Services Agreement). The revenue payment shall be due and payable by electronic funds transfer as mutually agreed upon by the Corporation and Grantee in the Network Services Agreement. SECTION 7. The City hereby grants to Grantee the right to install, operate and maintain the Network and the related communications equipment on the City street lights, traffic lights and connecting hardware and poles ( "City Poles ") in accordance with standards and protocols in the Network Services Agreement or agreements incidental thereto, which will assure location and installation consistent with public health and safety. Prior to final adoption of this ordinance, Grantee will provide the City with its anticipated plans for mounting sites, and other assets and facilities, including, but not limited to, communications towers, light standards, utility poles, billboards and building rooftops, whether owned or not owned by the City, and the City will inform Grantee of approvals required, if any, other than this franchise, and the process therefore, and will certify that no other approvals are required. Submission of any such anticipated plans will not require Grantee to install on aay particular location or prevent Grantee from altering its as -built plans. For expansions and changes during the term of this franchise, upon notification from Grantee the City will promptly notify Grantee of approvals required, if any, and the process therefore. By 2 agreement, the City will charge the Corporation with the duty to assist Grantee in obtaining any changes required, to promptly contact and work with City staff to facilitate the rapid issuance of any required approvals, and to educate pertinent City staff on Grantee's rights under this franchise. SECTION 8. The City hereby authorizes the Corporation to negotiate and enter into a Network Services Agreement with the Grantee, whereby the Corporation and Grantee will cooperate with one another as Grantee acquires, constructs, installs, operates, maintains, extends, and upgrades facilities of its Network in the City and the Grantee will provide certain services via the Network for the City's or Corporation's benefit to be managed by the Corporation. The City hereby grants the Corporation all rights, licenses, permits and authorizations necessary to manage any services provided by the Grantee for the benefit of the City pursuant to the Network Services Agreement, as more particularly described in an agreement between the City and the Corporation. SECTION 9. The Network Services Agreement shall obligate Grantee to maintain adequate books and records relating to its payment obligations under this franchise for four (4) years from the date the payment was made. Grantee shall file annually with the Corporation a statement of Network access revenues for that annual period attributable to the operations of the Grantee's Network pursuant to this franchise ordinance. The Corporation and the Grantee may agree to records and audit procedures in the Network Services Agreement. SECTION 10. All construction, excavation, disturbance, or obstruction of rights -of -way shall be carried out according to applicable federal, state, and local laws, and according to the requirements of the Director of Engineering Services of the City, including requirements to relocate Corporation facilities and to repair or restore City property, at the Grantee's expense. SECTION 11. The Grantee shall carry out its operations under this franchise in compliance with all valid federal, state, and local laws. Nothing in this franchise shall be construed to contract away any City police power to regulate and legislate to protect and promote the public health, safety, and welfare. SECTION 12. The Grantee shall carry out its operations in compliance with all of the terms and conditions of the Network Services Agreement. SECTION 13. In addition to all rights of the City, at law or in equity, to enforce the terms of this franchise, the City may forfeit and terminate this franchise in the event of termination of the Network Services Agreement in accordance with the terms of the Network Services Agreement. SECTION 14. Neither Grantee nor the City shall be excused from complying with any of the terms and conditions of this franchise by any failure of the other party on one or more occasions to enforce compliance with such terms and conditions. SECTION 15. Interpretation of this franchise and the rights and duties created hereunder shall be pursuant to the constitution and laws of the State of Texas and the charter and ordinances of the City. Venue for actions concerning any matter or controversy growing out of or incident to the duties and obligations in this franchise shall be in the state or federal courts of competent jurisdiction in Nueces County, Texas. 3 SECTION 16. This franchise may be transferred in accordance with the City charter. Further, Grantee can assign this Agreement pursuant to the sale of all or substantially all of the assets or stock of Grantee or pursuant to the sale of all or substantially all of the assets or operations of the division of Grantee that is operating the Network. Provided, the City shall be promptly notified in writing of any such assignment with such notification accompanied by documentation demonstrating that the assignment falls within the requirements of the preceding sentence. Grantee may enter into one or more agreements for installation of the Network, operation of the Network, or both with one or more entities. Equipment used to provide the Network may be leased by Grantee and/or be subject to security interests of vendors or lenders, and, after the Agreement is entered into by the City and Grantee, the City shall have no rights in or to any equipment related to or used in connection with the Network. Provided, however, upon expiration or termination of the Network Services Agreement, disposal of the equipment shall be in accordance with the Network Services Agreement. SECTION 17. 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 the City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose; provided, however, that this paragraph does not apply should the compensation provided to the City hereunder be held invalid by final judgment of a court of competent jurisdiction after all appeals, if any, and the City may in that even declare this franchise null and void. If any delegation of authority made herein shall be held invalid or unconstitutional by a court of competent jurisdiction, authority shall be deemed vested in the appropriate authority to exercise the delegated authority and this ordinance shall be otherwise unaffected. SECTION 18. The Grantee shall pay all costs of publication of notice of this ordinance as required by the City charter. SECTION 19. This franchise ordinance shall take effect when all of the following conditions have been met: 1) it has been executed by the parties; 2) the parties or the Corporation and EarthLink have executed the Network Services Agreement, 3) the parties have executed the Agreement, and 4) the City and the Corporation have entered into an agreement granting the Corporation all rights required or appropriate to perform as contemplated in this Franchise. 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the _ day of , 2006, by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia That the foregoing ordinance was read for the second time and passed finally on this the day of , 2006, by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia APPROVED AND PASSED on this day of , 2006. ATTEST: Armando Chapa, City Secretary Henry Garrett, Mayor Approved: Are cry 1°, aaoi. Lisa Aguilar Assistant City Attorney for City Attorney AN ORDINANCE GRANTING TO EARTHLINK, INC. A NON - EXCLUSIVE TEN YEAR FRANCHISE TO OPERATE, MAINTAIN, CONSTRUCT, EXTEND, AND UPGRADE FACILITIES OF A WIRELESS NETWORK IN THE PUBLIC RIGHTS -OF -WAY WHEREAS, the City of Corpus Christi, Texas (the "City ") and EarthLink, Inc. (the "Grantee ") contemplate entering into an agreement (the "Agreement ") whereby certain assets of the City of Corpus Christi Citywide Integrated Wi -Fi Network will be transferred to Grantee in consideration of cash and commitments of Grantee beneficial to the City's purposes for the Network made by Grantee entering into an agreement with the CC Digital Community Development Corporation (the "Corporation ") to provide certain network access to the City as managed by the Corporation ( "Network Services Agreement "); and WHEREAS, for implementation of the Agreement, the City and the Grantee desire that the City grant a franchise for the Grantee to use the City right -of -way and other property as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City hereby grants to the Grantee a non - exclusive franchise to acquire, construct, install, operate, maintain, extend, and upgrade facilities of its wireless network (the "Network ") in, over, under and across the public rights -of -way of the City, including, without limitation, the installation of radios, the right to erect poles or other structures for attachment of radios, and the right to access, use and install fiber. The City hereby grants Grantee the non- exclusive right to use any easements and rights -of -way owned or controlled by the City forr access to City owned property or third party property (subject to Grantee obtaining approval from the third party property owner) insofar as consistent with the City's right in the easement or right -of -way and consistent with and subordinate to the primary purpose and use of the easement or right -of -way. SECTION 2. The term of the franchise shall commence on the effective date of this franchise and shall continue in effect for ten (10) years. Thereafter, the franchise may be renewed for two (2) successive five (5) year periods of time upon at least six (6) months prior written notice by Grantee to the Corporation, provided that Grantee has not committed a Major Default (as defined in the Network Services Agreement) under the Network Services Agreement that is continuing during the six (6) months prior to any renewal term. Provided, however, the franchise shall expire upon expiration of the Network Services Agreement, if earlier. SECTION 3. During the Term, the City hereby grants to Grantee the continuing right to connect to, transmit through and use in connection with the Network the fiber optic transmission system owned or leased by the City in connection with the Network ( "Fiber System ") in accordance with standards and protocols in the Network Services Agreement or agreements incidental thereto. The City hereby authorizes the Corporation to cooperate with Grantee in Grantee's access of the City Fiber and to execute such additional agreements designating the speed and number of lines of the Fiber System for Grantee's use and related charges, if any, without the necessity of further approvals by the City Council ( "Leased Fiber "). Provided, however, nothing herein shall prevent the City from conveying the Fiber System or any part thereof to the Corporation. SECTION 4. During the Term, the City hereby grants to Grantee the continuing right to connect to, transmit through and use in connection with the Network the wireless assets owned or leased by the City ( "City Wireless Assets ") in accordance with standards and protocols in the Network Services Agreement or agreements incidental thereto. The City hereby authorizes the Corporation to cooperate with Grantee in Grantee's access of the City Wireless Assets and to execute such additional agreements designating the speed and other specifications and charges, if any, without the necessity of further approvals by the City Council. Provided, however, nothing herein shall prevent the City from conveying the City Wireless Assets or any part thereof to the Corporation. SECTION 5. The City owns, operates and maintains certain assets, such as building rooftops, radio towers, and data center or collocation facility locations (collectively, the "Premises "). During the Term, the City hereby grants to Grantee the continuing right and license to operate the Network on such Premises and to access, and install directly onto or within any part of the Premises and operate and maintain radios, antennae and other devices in the number designated by Grantee and to the co- location of equipment and telecommunications lines and circuits ( "Co- located Devices ") on the Premises as set forth in an applicable Antennae Site Use Agreement that identifies the particular Premises and locations thereon that are appropriate for the installation of such devices considering the character and use of the Premises. The City hereby authorizes the Corporation with respect to Premises under its control or the City Manager to cooperate with Grantee in Grantee's access and use of the Premises, and to execute such additional agreements designating the specific Premises and related rental amounts mutually agreed upon by Grantee and the Corporation or the City Manager ( "Antennae Site Use Agreement "). SECTION 6. As compensation for the rights and privileges herein conferred, Grantee shall pay monthly to the Corporation a payment based upon a revenue share for the access services provided to customers through the Network; provided however, Grantee shall pay to the Corporation separate payments for the Leased Fiber and the Premises. The revenue share for the access services will equal a percentage between three and five percent (3 -5 %) (as specified in the Network Services Agreement) of Grantee's total gross receipts collected and received by Grantee for the applicable wireless access retail, wholesale and occasional use services provided via the Network in the City and in the City's extra - territorial jurisdiction locations covered by the Network (i) less any applicable sales taxes or government required fees, (ii) less refunds, credits and charge - backs, (iii) less any amounts paid by the City or the Corporation to Grantee ( "Access Revenue "). Access Revenue does not include fees for add -on products, CPE, installation, advertising, content, bounties and referral fees, fees for sales through Internet commerce sites, VoIP or other voice capabilities (except as may be agreed in the Network Services Agreement). The revenue payment shall be due and payable by electronic funds transfer as mutually agreed upon by the Corporation and Grantee in the Network Services Agreement. SECTION 7. The City hereby grants to Grantee the right to install, operate and maintain the Network and the related communications equipment on the City street lights, traffic lights and connecting hardware and poles ( "City Poles ") in accordance with standards and protocols in the Network Services Agreement or agreements incidental thereto, which will assure location and installation consistent with public health and safety. Prior to final adoption of this ordinance, Grantee will provide the City with its anticipated plans for mounting sites, and other assets and facilities, including, but not limited to, communications towers, light standards, utility poles, billboards and building rooftops, whether owned or not owned by the City, and the City will inform 2 Grantee of approvals required, if any, other than this franchise, and the process therefore, and will certify that no other approvals are required. Submission of any such anticipated plans will not require Grantee to install on any particular location or prevent Grantee from altering its as -built plans. For expansions and changes during the term of this franchise, upon notification from Grantee the City will promptly notify Grantee of approvals required, if any, and the process therefore. By agreement, the City will charge the Corporation with the duty to assist Grantee in obtaining any changes required, to promptly contact and work with City staff to facilitate the rapid issuance of any required approvals, and to educate pertinent City staff on Grantee's rights under this franchise. SECTION 8. The City hereby authorizes the Corporation to negotiate and enter into a Net-work Services Agreement with the Grantee, whereby the Corporation and Grantee will cooperate with one another as Grantee acquires, constructs, installs, operates, maintains, extends, and upgrades facilities of its Network in the City and the Grantee will provide certain services via the Network for the City's or Corporation's benefit to be managed by the Corporation. The City hereby grants the Corporation all rights, licenses, permits and authorizations necessary to manage any services provided by the Grantee for the benefit of the City pursuant to the Network Services Agreement, as more particularly described in an agreement between the City and the Corporation. SECTION 9. The Network Services Agreement shall obligate Grantee to maintain adequate books and records relating to its payment obligations under this franchise for four (4) years from the date the payment was made. Grantee shall file annually with the Corporation a statement of Network access revenues for that annual period attributable to the operations of the Grantee's Network pursuant to this franchise ordinance. The Corporation and the Grantee may agree to records and audit procedures in the Network Services Agreement. SECTION 10. All construction, excavation, disturbance, or obstruction of rights -of -way shall be carried out according to applicable federal, state, and local laws, and according to the requirements of the Director of Engineering Services of the City, including requirements to relocate Corporation facilities and to repair or restore City property, at the Grantee's expense. SECTION 11. The Grantee shall carry out its operations under this franchise in compliance with all valid federal, state, and local laws. Nothing in this franchise shall be construed to contract away any City police power to regulate and legislate to protect and promote the public health, safety, and welfare. SECTION 12. The Grantee shall carry out its operations in compliance with all of the terms and conditions of the Network Services Agreement. SECTION 13. In addition to all rights of the City, at law or in equity, to enforce the terms of this franchise, the City may forfeit and terminate this franchise in the event of termination of the Network Services Agreement in accordance with the terms of the Network Services Agreement. SECTION 14. Neither Grantee nor the City shall be excused from complying with any of the terms and conditions of this franchise by any failure of the other party on one or more occasions to enforce compliance with such terms and conditions. SECTION 15. Interpretation of this franchise and the rights and duties created hereunder shall be pursuant to the constitution and laws of the State of Texas and the charter and ordinances of 3 the City. Venue for actions concerning any matter or controversy growing out of' or incident to the duties and obligations in this franchise shall be in the state or federal courts of competent jurisdiction in Nueces County, Texas. SECTION 16. This franchise may be transferred in accordance with the City .charter. Further, Grantee can assign this Agreement pursuant to the sale of all or substantially all of the assets or stock of Grantee or pursuant to the sale of all or substantially all of the assets or operations of the division of Grantee that is operating the Network. Provided, the City shall be promptly notified in writing of any such assignment with such notification accompanied by documentation demonstrating that the assignment falls within the requirements of the preceding sentence. Grantee may enter into one or more agreements for installation of the Network, operation of the Network, or both with one or more entities. Equipment used to provide the Network may be leased by Grantee and/or be subject to security interests of vendors or lenders, and, after the Agreement is entered into by the City and Grantee, the City shall have no rights in or to any equipment related to or used in connection with the Network. Provided, however, upon expiration or termination of the Network Services Agreement, disposal of the equipment shall be in accordance with the Network Services Agreement. SECTION 17. 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 the City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose; provided, however, that this paragraph does not apply should the compensation provided to the City hereunder be held invalid by final judgment of a court of competent jurisdiction after all appeals, if any, and the City may in that even declare this franchise null and void. If any delegation of authority made herein shall be held invalid or unconstitutional by a court of competent jurisdiction, authority shall be deemed vested in the appropriate authority to exercise the delegated authority and this ordinance shall be otherwise unaffected. SECTION 18. The Grantee shall pay all costs of publication of notice of this ordinance as required by the City charter. SECTION 19. This franchise ordinance shall take effect when all of the following conditions have been met: 1) it has been executed by the parties; 2) sixty (60) days have expired since final adoption by the City Council, 3) the parties or the Corporation and EarthLink have executed the Network Services Agreement, 4) the parties have executed the Agreement, and 5) the City and the Corporation have entered into an agreement granting the Corporation all rights required or appropriate to perform as contemplated in this Franchise. 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2006, by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia That the foregoing ordinance was read for the second time and passed finally on this the day of , 2006, by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia APPROVED AND PASSED on this day of , 2006. ATTEST: Armando Chapa, City Secretary Henry Garrett, Mayor Approved: JN e'er • °, >co L- Lisa Aguilar Assistant City Attorney for City Attomey 1 AN ORDINANCE APPROVING THE FIRST REVISED AGREEMENT FOR SERVICES BETWEEN THE CITY OF CORPUS CHRISTI AND THE CC DIGITAL COMMUNITY DEVELOPMENT CORPORATION, AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Manager is hereby authorized to execute on behalf of the City of Corpus Christi, the First Revised Agreement for Services between the City of Corpus Christi and the CC Digital Community Development Corporation, a substantial copy of which is attached hereto as Exhibit A and incorporated herein. Prior to closing, the City Manager is authorized to agree to changes in form and substance to the said agreement that he determines are necessary to carry out its material terms and are consistent therewith. Section 2. 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 , 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: December 15, 2006 Lisa Aguilar, As City Attorney for City Attorney Henry Garrett Mayor Council- 12 -19 -06 OrdinanceApprovingRevisedAgreementWithCorpl2 -19-06 1 AN ORDINANCE APPROVING THE FIRST REVISED AGREEMENT FOR SERVICES BETWEEN THE CITY OF CORPUS CHRISTI AND THE CC DIGITAL COMMUNITY DEVELOPMENT CORPORATION, AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Manager is hereby authorized to execute on behalf of the City of Corpus Christi, the First Revised Agreement for Services between the City of Corpus Christi and the CC Digital Community Development Corporation, a substantial copy of which is attached hereto as Exhibit A and incorporated herein. Prior to closing, the City Manager is authorized to agree to changes in form and substance to the said agreement that he determines are necessary to carry out its material terms and are consistent therewith. Section 2. 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 , 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: December 15, 2006 Lisa Aguilar, Assistant City Attorney for City Attorney Henry Garrett Mayor Council -12 -19-06 OrdinanceApprovingRevisedAgreementWithCorpl2 .19 -06 1 AN ORDINANCE APPROVING THE FIRST REVISED AGREEMENT FOR SERVICES BETWEEN THE CITY OF CORPUS CHRISTI AND THE CC DIGITAL COMMUNITY DEVELOPMENT CORPORATION, AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Manager is hereby authorized to execute on behalf of the City of Corpus Christi, the First Revised Agreement for Services between the City of Corpus Christi and the CC Digital Community Development Corporation, a substantial copy of which is attached hereto as Exhibit A and incorporated herein. Prior to closing, the City Manager is authorized to agree to changes in form and substance to the said agreement that he determines are necessary to carry out its material terms and are consistent therewith. Section 2. 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 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: December 15, 2006 Lisa Aguilar, Assistant City Attorney for City Attorney Henry Garrett Mayor Council- 12 -19 -06 OrdinanceApprovingRevisedAgreementW ithCorpl2 -19.06 1 AN ORDINANCE APPROVING THE FIRST REVISED AGREEMENT FOR SERVICES BETWEEN THE CITY OF CORPUS CHRISTI AND THE CC DIGITAL COMMUNITY DEVELOPMENT CORPORATION, AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Manager is hereby authorized to execute on behalf of the City of Corpus Christi, the First Revised Agreement for Services between the City of Corpus Christi and the CC Digital Community Development Corporation, a substantial copy of which is attached hereto as Exhibit A and incorporated herein. Prior to closing, the City Manager is authorized to agree to changes in form and substance to the said agreement that he determines are necessary to carry out its material terms and are consistent therewith. Section 2. 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 , 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: December 15, 2006 Lisa Aguilar, Assistant City Attorney for City Attorney Henry Garrett Mayor Council- 12 -19 -06 OrdinanceApprovingRevisedAgreementWithCorpl2 -19.06 AN ORDINANCE APPROVING THE ASSET PURCHASE AGREEMENT BY AND AMONG EARTHLINK, INC. AND THE CITY OF CORPUS CHRISTI, TEXAS, AND THE CC DIGITAL COMMUNITY DEVELOPMENT CORPORATION TO SELL WIRELESS COMPONENTS OF THE CITY OF CORPUS CHRISTI INTEGRATED WI -FI NETWORK AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Manager is hereby authorized to execute on behalf of the City of Corpus Christi the Asset Purchase Agreement by and among EarthLink, Inc. and the City of Corpus Christi, Texas, and the CC Digital Community Development Corporation, to sell wireless components of the City of Corpus Christi integrated wi -fi network. Prior to closing, the City Manager is authorized to agree to changes in form and substance to the said agreement that he determines are necessary to carry out its material terms and are consistent therewith. Section 2. The City Council declares that the execution and implementation of the Asset Purchase Agreement are pursuant to a program to promote State and Local economic development and to stimulate business and commercial activity in the City established by the City Council pursuant to Section 380.001, Texas Local Government Code. Section 3. 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 , 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: December 15, 2006 Lisa Aguilar, ,Assistant City Attorney for City Attorney AN ORDINANCE APPROVING THE ASSET PURCHASE AGREEMENT BY AND AMONG EARTHLINK, INC. AND THE CITY OF CORPUS CHRISTI, TEXAS, AND THE CC DIGITAL COMMUNITY DEVELOPMENT CORPORATION TO SELL WIRELESS COMPONENTS OF THE CITY OF CORPUS CHRISTI INTEGRATED WI -FI NETWORK AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Manager is hereby authorized to execute on behalf of the City of Corpus Christi the Asset Purchase Agreement by and among EarthLink, Inc. and the City of Corpus Christi, Texas, and the CC Digital Community Development Corporation, to sell wireless components of the City of Corpus Christi integrated wi -fi network. Prior to closing, the City Manager is authorized to agree to changes in form and substance to the said agreement that he determines are necessary to carry out its material terms and are consistent therewith. Section 2. The City Council declares that the execution and implementation of the Asset Purchase Agreement are pursuant to a program to promote State and Local economic development and to stimulate business and commercial activity in the City established by the City Council pursuant to Section 380.001, Texas Local Government Code. Section 3. 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 , 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: -December 15, 2006 Lisa Aguilar, istant City Attorney for City Attorney AN ORDINANCE APPROVING THE ASSET PURCHASE AGREEMENT BY AND AMONG EARTHLINK, INC. AND THE CITY OF CORPUS CHRISTI, TEXAS, AND THE CC DIGITAL COMMUNITY DEVELOPMENT CORPORATION TO SELL WIRELESS COMPONENTS OF THE CITY OF CORPUS CHRISTI INTEGRATED WI -FI NETWORK AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Manager is hereby authorized to execute on behalf of the City of Corpus Christi the Asset Purchase Agreement by and among EarthLink, Inc. and the City of Corpus Christi, Texas, and the CC Digital Community Development Corporation, to sell wireless components of the City of Corpus Christi integrated wi -fi network. Prior to closing, the City Manager is authorized to agree to changes in form and substance to the said agreement that he determines are necessary to carry out its material terms and are consistent therewith. Section 2. The City Council declares that the execution and implementation of the Asset Purchase Agreement are pursuant to a program to promote State and Local economic development and to stimulate business and commercial activity in the City established by the City Council pursuant to Section 380.001, Texas Local Government Code. Section 3. 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 , 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: December 15, 2006 Lisa Aguilar, A istant City Attorney for City Attorney Henry Garrett Mayor AN ORDINANCE APPROVING THE ASSET PURCHASE AGREEMENT BY AND AMONG EARTHLINK, INC. AND THE CITY OF CORPUS CHRISTI, TEXAS, AND THE CC DIGITAL COMMUNITY DEVELOPMENT CORPORATION TO SELL WIRELESS COMPONENTS OF THE CITY OF CORPUS CHRISTI INTEGRATED WI -FI NETWORK AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Manager is hereby authorized to execute on behalf of the City of Corpus Christi the Asset Purchase Agreement by and among EarthLink, Inc. and the City of Corpus Christi, Texas, and the CC Digital Community Development Corporation, to sell wireless components of the City of Corpus Christi integrated wi -fi network. Prior to closing, the City Manager is authorized to agree to changes in form and substance to the said agreement that he determines are necessary to carry out its material terms and are consistent therewith. Section 2. The City Council declares that the execution and implementation of the Asset Purchase Agreement are pursuant to a program to promote State and Local economic development and to stimulate business and commercial activity in the City established by the City Council pursuant to Section 380.001, Texas Local Government Code. Section 3. 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 , 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: 'December 15, 2006 istant Lisa Aguilar, City Attorney for City Attorney AN ORDINANCE ACKNOWLEDGING THE NETWORK SERVICES AGREEMENT BETWEEN EARTHLINK, INC. AND THE CC DIGITAL COMMUNITY DEVELOPMENT CORPORATION, AND AGREEING TO PERFORM ALL THE OBLIGATIONS OF THE CORPORATION THEREUNDER NOT PERFORMED BY THE CORPORATION, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: Section 1. The City of Corpus Christi hereby authorizes the Network Services Agreement between EarthLink, Inc. and the CC Digital Community Development Corporation, a substantial copy of which is attached hereto as Exhibit A and incorporated herein, and, to the extent it legally may, the City agrees to perform all of the obligations of the Corporation thereunder to the extent that those obligations are not performed by the Corporation; provided that EarthLink, Inc. shall first provide written notice to the City specifying the default of the Corporation and providing the City with a reasonable opportunity to resolve the default. Section 2. The City Council declares that the implementation of the Network Services Agreement is pursuant to a program to promote State and Local economic development and to stimulate business and commercial activity in the City established by the City Council pursuant to Section 380.001, Texas Local Government Code. Section 3. 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 adrhini$tration 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 , 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: December 15, 2006 Lisa Aguilar, City Attorney for City Attorney Henry Garrett Mayor AN ORDINANCE ACKNOWLEDGING THE NETWORK SERVICES AGREEMENT BETWEEN EARTHLINK, INC. AND THE CC DIGITAL COMMUNITY DEVELOPMENT CORPORATION, AND AGREEING TO PERFORM ALL THE OBLIGATIONS OF THE CORPORATION THEREUNDER NOT PERFORMED BY THE CORPORATION, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: Section 1. The City of Corpus Christi hereby authorizes the Network Services Agreement between EarthLink, Inc. and the CC Digital Community Development Corporation, a substantial copy of which is attached hereto as Exhibit A and incorporated herein, and, to the extent it legally may, the City agrees to perform all of the obligations of the Corporation thereunder to the extent that those obligations are not performed by the Corporation; provided that EarthLink, Inc. shall first provide written notice to the City specifying the default of the Corporation and providing the City with a reasonable opportunity to resolve the default. Section 2. The City Council declares that the implementation of the Network Services Agreement is pursuant to a program to promote State and Local economic development and to stimulate business and commercial activity in the City established by the City Council pursuant to Section 380.001, Texas Local Government Code. Section 3. 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 , 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: December 15, 2006 Lisa Aguilar, ssistant City Attorney for City Attorney AN ORDINANCE ACKNOWLEDGING THE NETWORK SERVICES AGREEMENT BETWEEN EARTHLINK, INC. AND THE CC DIGITAL COMMUNITY DEVELOPMENT CORPORATION, AND AGREEING TO PERFORM ALL THE OBLIGATIONS OF THE CORPORATION THEREUNDER NOT PERFORMED BY THE CORPORATION, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: Section 1. The City of Corpus Christi hereby authorizes the Network Services Agreement between EarthLink, Inc. and the CC Digital Community Development Corporation, a substantial copy of which is attached hereto as Exhibit A and incorporated herein, and, to the extent it legally may, the City agrees to perform all of the obligations of the Corporation thereunder to the extent that those obligations are not performed by the Corporation; provided that EarthLink, Inc. shall first provide written notice to the City specifying the default of the Corporation and providing the City with a reasonable opportunity to resolve the default. Section 2. The City Council declares that the implementation of the Network Services Agreement is pursuant to a program to promote State and Local economic development and to stimulate business and commercial activity in the City established by the City Council pursuant to Section 380.001, Texas Local Government Code. Section 3. 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 , 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: December 15, 2006 Lisa Aguilar, s} ssa t City Attorney for City Attorney Henry Garrett Mayor AN ORDINANCE ACKNOWLEDGING THE NETWORK SERVICES AGREEMENT BETWEEN EARTHLINK, INC. AND THE CC DIGITAL COMMUNITY DEVELOPMENT CORPORATION, AND AGREEING TO PERFORM ALL THE OBLIGATIONS OF THE CORPORATION THEREUNDER NOT PERFORMED BY THE CORPORATION, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: Section 1. The City of Corpus Christi hereby authorizes the Network Services Agreement between EarthLink, Inc. and the CC Digital Community Development Corporation, a substantial copy of which is attached hereto as Exhibit A and incorporated herein, and, to the extent it legally may, the City agrees to perform all of the obligations of the Corporation thereunder to the extent that those obligations are not performed by the Corporation; provided that EarthLink, Inc. shall first provide written notice to the City specifying the default of the Corporation and providing the City with a reasonable opportunity to resolve the default. Section 2. The City Council declares that the implementation of the Network Services Agreement is pursuant to a program to promote State and Local economic development and to stimulate business and commercial activity in the City established by the City Council pursuant to Section 380.001, Texas Local Government Code. Section 3. 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 , 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: December 15, 2006 Lisa Aguilar,, ssistant City Attorney for City Attorney 44 AGENDA MEMORANDUM DATE: December 19, 2006 SUBJECT: Up River Road Improvements from Rand Morgan Road to McKinzie Road (Project No. 6265) [BOND ISSUE 2004] AGENDA ITEM: A. Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $7,393,446, with Bay, Ltd. of Corpus Christi, Texas for the Up River Road Improvements from Rand Morgan Road to McKinzie Road. [BOND ISSUE 2004] B. Motion authorizing the City Manager, or his designee, to execute an Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services in the amount of $52,000 with Professional Service Industries, Inc. of Corpus Christi, Texas for the Up River Road Improvements from Rand Morgan Road to McKinzie Road. [BOND ISSUE 2004] C. Motion authorizing the City Manager, or his designee, to execute an Agreement for Street Light Installation in the amount of $80,000 with American Electric Power (AEP) for the Up River Road Improvements from Rand Morgan Road to McKinzie Road. [BOND ISSUE 2004] ISSUE: The proposed project was approved November 2, 2004 in the Bond Issue 2004 Package under Proposition No. 1 Street Improvements. The project is now ready to begin construction; and requires City Council approval. FUNDING: Funds for this project are available in the FY 2007 Capital Improvement Budget. RECOMMEND TI.' N: Staff recommends approval gni La V. ne Gray, Di for of SA rm ater Services . A. Eduard• =ra P. E., Directo Wa - r Services M -Oro Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Tabulation of Bids Exhibit "D" AEP Cost Estimate Letter Exhibit "E" Location Map H: \HOMELLYNDAS \GEN\Streets\2004 Bond Issue16265 - Up River RoadWGENDA MEMO.doc of the motion as presented. A el . Escobar, P. E., Director of Engineering Services Foster Crowell, Director of Wastewater Services BACKGROUND INFORMATION SUBJECT: Up River Road Improvements from Rand Morgan Road to McKinzie Road (Project No. 6265) [BOND ISSUE 2004] PROJECT DESCRIPTION: The work consists of: • the complete removal of an existing roadway and construction of approximately 8,661 linear feet of new three (3) lane secondary urban collector street (41 -feet back -to -back of curbs) with concrete sidewalks and associated pavement marking and signage improvements; • 8,462 linear feet of new 18 -inch to 48 -inch reinforced concrete storm sewer pipes, inlets and manholes; • 612 linear feet of new 6 -foot X 4 -foot and 7 -foot X 4 -foot reinforced concrete box culvert; 3,575 linear feet of new 6 -inch to 16 -inch PVC water lines and appurtenances; • 6,575 linear feet of new 24 -inch cement mortar -lined ductile iron waterline with air - release valves and appurtenance; • 3,571 linear feet of new 8 -inch and 10 -inch PVC wastewater gravity lines and fiberglass manholes; • 4,041 linear feet of new 2 -inch and 4 -inch PVC electrical conduit and handholes (pull boxes) for future MIS, street lighting and future signalization; and, • drainage ditch re- grading and earthwork; block sodding and seeding; and temporary traffic control; together with all appurtenances. The base bid work does not include the sidewalk on the north side along the undeveloped area which exists between Up River Road and 1 -37. This sidewalk is included in Additive Alternate No. 1 Part F. STREET LIGHT INSTALLATION: Installation of street lights on Up River Road from Rand Morgan Road to McKinzie Road is necessary to comply with the City's illumination standards. American Electric Power (AEP) will perform the street Tight installation. The scope of work consists of the installation of sixteen (16) new 250 watt high pressure sodium (HPS) street light fixtures installed on existing / new wood poles with 14 -foot brackets, eighteen (18) new 250 watt HPS street light fixtures on concrete poles with single 6 -foot brackets, two (2) street light upgrades from 150 watt HPS to 250 watt HPS on existing wood poles with 14 -foot brackets and removal of five (5) existing street lights. There are additional costs that have been added into the estimate for traffic control and barriers. The project work zone begins at McKinzie Road and ends at Rand Morgan Road. H: \HOME\LYNDAS\GEN\Streels12004 Bond Issue16265 - Up River RoadVtGENDA BACKGROUND.doc EXHIBIT "A" Page 1 of 4 BID INFORMATION: Bids were received on November 29, 2006 with five (5) bidders submitting a proposal. The bid proposal was set up with one (1) Base Bid and three (3) Additive Alternates as follows: Base Bid Part A — Street Improvements Part B — Storm Water Drainage Improvements Part C — Water Improvements Part D — Wastewater Sanitary Sewer Improvements Part E — Street Lighting Improvements Additive Alternate No. 1 Part F — Street improvements (additional sidewalk on the north side) Additive Alternate No. 2 Part G — Street Improvements (reclaimed asphalt pavement in base course) Additive Alternate No. 3 Part H — Street Improvements (Carbon Plant Road) The low bid was submitted by Bay, Ltd. from Corpus Christi, Texas (See Exhibit "C" Tabulation of Bids) The City's consultant, MEI Maverick Engineering, Inc., and City staff recommend award of the proposed construction contract to Bay, Ltd. of Corpus Christi, Texas in the amount of $7,348,659.85 for the Base Bid and $44,786.15 for Additive Alternate No. 3, for a total construction amount of $7,393,446 for the Up River Road Improvements from Rand Morgan Road to McKinzie Road Project. Additive Alternate No. 3 is being included in the construction award at this time due to the need to complete the street improvement section on Carbon Plant Road and connect a current Texas Department of Transportation project to the Up River Road Project. At this time it is not recommended to Award Additive Alternate No. 1 or 2. City staff is anticipating that as the project progresses Additive Alternate No. 1 could be awarded dependent upon the availability of remaining contingency funds. CONTRACT TERMS: The contract specifies that the project will be completed in 730 calendar days, with completion anticipated by January 2009. FUNDING: Funds for this project are available in the FY 2007 Capital Improvement Budget. PROJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. EXHIBIT "A" Page 2 of 4 H:q-IOME\LYNDAS\GENVSIreets\2004 Bond Issue\6265 - Up River RoacMGENDA BACKGROUND.doc The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. In order to improve the delivery of the Bond Issue 2004 Street projects, the following processes were added to the early stages of the design phase: (1) More detailed and standardized Subsurface Utility Engineering to include Hydro- excavation to determine precise locations and utility classifications of public and private utilities. This allows coordination with local utilities franchises for the timely relocation and avoids costly delays during construction. (2) Wastewater lines cleaning and televising (CCTV) to determine detailed information on the condition and any required repairs /upgrades prior to the street reconstruction. (3) Land acquisition. On critical projects, land acquisition is proceeding ahead of the project design and being coordinated with the platting process. This allows dedications in lieu of purchase of ROW and easements and avoids future delays and costs for Utility relocations and /or street reconstruction. PRIOR COUNCIL ACTION: 1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). 3. May 24, 2005 - Ordinance appropriating $423,830.30 from City Hall CIP Fund 3160, transferring to and appropriating in Street CIP Fund 3530 for the Up River Road Street Improvements Project; amending Capital Budget adopted by Ordinance 026188 by increasing appropriations by $847,660.60; and declaring an emergency (Ordinance No. 026276). 4. May 24, 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with Maverick Engineering, Inc. in the amount of $890,490 for the Up River Road Improvements from Rand Morgan Road to McKinzie Road Project (Motion No. M2005 -157). 5. September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500 (Ordinance No. 026997). EXHIBIT "A" Page 3 of 4 H:WOMEILYNDAS GEMStreetst2004 Bond Issue\6265 - Up River RoadIAGENDA BACKGROUND.Coc PRIOR ADMINISTRATIVE ACTION: 1. July 31, 2004 — Executed Small NE Agreement with Pyle and Associates in the amount of $14,200 for the Up River Road from Rand Morgan to McKinzie Project. 2. August 26, 2004 - Distribution of Request For Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 3. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 4. April 13. 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004- 03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 5. July 31, 2005 — Executed Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Professional Service Industries, Inc. in the amount of $14,070 for the Up River Road Improvements from Rand Morgan Road to McKinzie Road Project. 6. December 19, 2005 — Executed Amendment No. 1 to the Contract For Professional Services with Maverick Engineering, Inc. in the amount of $24,981 for the Up River Road Improvements from Rand Morgan Road to McKinzie Road Project. 7. July 6. 2006 — Executed Amendment No. 2 to the Contract For Professional Services with Maverick Engineering, Inc. in the amount of $24,996 for the Up River Road Improvements from Rand Morgan Road to McKinzie Road Project. 8. July 21. 2006 - Executed Amendment No. 3 to the Contract For Professional Services with Maverick Engineering, Inc. in the amount of $21,908 for the Up River Road Improvements from Rand Morgan Road to McKinzie Road Project. EXHIBIT "A" Page 4 of 4 HAHOME\LYNDAS\GEN \Streets\2004 Bond Issue \6265 - Up River RoadWGENDA BACKGROUND.doc UP RIVER ROAD IMPROVEMENTS FROM RAND MORGAN ROAD TO MCKINZIE ROAD (PROJECT NO. 6265) PROJECT BUDGET December 19, 2006 FUNDS AVAILABLE: Street CIP $4,465,000.00 Storm Water CIP 3,020,655.87 Water CIP 2,171,096.41 Wastewater CIP 755,163.97 Wi-Fi 42,886.00 Total $10,454,802.25 FUNDS REQUIRED: Construction Contract (Bay, Ltd.) Street $2,711,919.20 Storm Water 2,372,623.20 Water 1,686,562.70 Wastewater 579,454.90 Wi-Fi 42,886.00 Total Construction Contract $7,393,446.00 Contingencies (10 %) 739,344.60 Consultant (MEI Maverick Engineering, Inc.) 962,375.00 Consultant (Pyle and Associates, Inc.) 14,200.00 Engineering Reimbursements 275,000.00 Testing (Professional Service Industries, Inc.) 66,070.00 Street Lighting (American Electric Power). 80,000.00 Miscellaneous (Printing, Advertising) 3,000.00 Total $9,533,435.60 $ 2 e m g` 1771 6 $62,400.001 0090 t�i < 69000 mp m 525.380.00 5582.631.00 $488,626.00 $294,133.00 3104,932.50 535,346.00 000000 000000 0 H 01 v9- H l9 f9 55,805.00 51,400.00 oo N W H $8,341.851 51,507.50 0 H H H N 'NU M N H 0 o 00 O° °mr NH 0 ° 0 69 W $25 850.00 5110,460.00 N O n H N p rc o 512.000.00 H (01 .109i, 'He ;H'n'Htwwg6 88,88 °n,noo °o, o °, 00'000't$ 00.000'1$ an H H 01° gag 0 NH ° S 00'04$ H H H ° $500.001 5625.60 $ 0000 w H 0,0 mN°° H co La VIM-Thyssen. Ltd. 1020 Boyles Sine Houston, Tana 77020 5 0 Hg�O °000p00° 0 0 222 OJ9- i000e 08� HEN a0'009'u$ 00'004 C°0R %« $1,920.00 5292.00 0" H H l 51.086.00 $1,302.00 H H W N 0 $3.000.00 00'006'95 00.000.zl5 r00.00c'z$ 00'000'I.5 0000 Ono mo H a n q N N n 0000800000.900 omNmnnN6 ° D H »i ey H $16.00 $15.50 °°OH o V a» 00'1$ 09'0$ 0 99 H H 0 $ 0 � 0 0 0 ° 0 C p° a x o° 0 W H ° °° H H...Andamun Cnn.wdlon. ua. P.O. em 7692 Corpus Christi. Texas 76417__ ° BmRS 6 8"w 01 H c A H 0 CO H °° °O o m ° �.R 69 'H °v, a r NH ° - °o ei °m NN°° 6069 66 01 H $7.790.00 _44,462.50 °F, 0LNrv0m°n HHHHH 0 0 000 ' �R s4g H H °o 8 H H 'o°. H N N H a w69 ° ° o n1*' °a 0 H $27 025.00 $113,242.00 °n o L4 �' m ti 0, g $11,240.00 223,9g2-2 ""g" N tV 0 8888S w H H H H N $956 00 $1.910.00 ° 0 b g O b N H 50.50 $1.10 N H H N mod 3 HH0 0666 i..H H M $ I g 5 V, O O U a 9 = s 4 R H $382,254.40 5128,142.10 $152,033.00 $662,429.50 516,920.00 5545,229.00 2282°222082$ 9- c 0_ '.001.400 w H H 069 $2,112.08 5181.04 m ry°mH w H w 0 0 m 0 N a r h 512,750.00 56,370.00 8882E 0°4000 ez W N coo H A N y W d 0 01 °g H 0 m RNN= O . N H O n waNw(&a 0 0 0 0 H u°i 0. ..o 0 0 H 0 01 69 H 5115.00 $151.25 W a $NN n O ww N R w o 2 N N X N w 8 Fogg Hasa 0 0 8 8 oS;B ('9 0 0 0 0 m z 7 Q 8 O $ _ 5295,378.40 580,36030 $125,970.20 5629.851.00 ° O r 5334.657.80 5222,700.70 S P r gW H 00'0085 00'0005 oo 09 o o] ul HH 51.240.00 53,000.00 55,375.00 51,320.00 Ory N m H 57,583.50 51,206.00 5941.20 $1,469.40 H *9 o ° H 0 H e, 000004 00.000'915 51200.00 56,600.00 o 0 .°7).9-g gm& o N 0 c m N 0 _ - H 0 4,✓ o N 49((0(0 N m O mm H C M 80 HH 5125.00 $165.00 HHH ° tee m H H 1* H H O 00'009$ 00'0055 O 8N8 H H O H UP RIVER ROAD RAND MORGAN RD. to McKINZIE RD. CITY PROJECT NO. 6265 0 a R E a ““-,1“ m LL t W N (0 ;;Q >QQQ W 0 W W_J LL; LL; _J _J Q W ¢ W <QQ¢ W W W Q¢,J W W W N .... C O P e P Q P V 0 b- 060,- 0. 0 0 0 o p r m C� Y m N ° — a S) c's N V N m N 64.- 110 - PART A; STREET IMPROVEMENTS I Clear Right-of -Way 1 Street Excavation 12" Compacted Subgrade Geog rirJ 11" Crushed Limestone Flexible Base (Ty. A, Gr. 1) Prime Coat (0.16 Gal/SY) 2" HMAC Pavement (Type B) Base Course 2" HMAC Pavement (Type D) Surface Course 4" Concrete Sidewalk 6" Concrete Driveway Concrete Curb Ramp Unanticipated Concrete Sidewalk Removal Unanticipated Concrete Driveway Removal Fence Relaatian 4' to 6' Chain -Link Fence Survey Monument Ozone Day Reflective Pavement Marking Type 1 (W) (ARROW) Reflective Pavement Marking Type 1 (W) ( "ONLY") Reflective Pavement Marking Type I (Y) (41 (BRK) Reflective Pavement Marking Type I (W) (4 ") (SL)) Reflective Pavement Marking Type I (Y) (4 ") (SLD) Reflective Pavement Marking Typal (Y) (41 (SLD)(DBL) Reflective Pavement Marking Type I (W) (8") (SLD) Reflective Pavement Marking Type I (W) (24") (SLD) Reflective Pavement Marking Typal (Y) (24") (SLD) Reflective Pavement Marking Type I (W) (CROSSWALK) (10' Wde) Type II -A -A Raised Pavement Marker (Reflectodzed Type II -C -R Raised Pavement Marker (Reflectorizec 0 1 Lo 0 0 Q 0.a f? o 04, INO PARKING SPEED ZONE Sign Sign PEDESTRIAN Waming Sign Relocate Existing School 2one Sign Assembly (Flashing) d E,1 N K Z e m 8 5 m Or ITrafo Control Subtotal Part A' atoms Al through A37) L111‘- a 0 ��a¢aa¢` s `¢¢¢` a��� � � � � � � � ¢ a as � �� EXHIBIT "C" Page 1 of 6 EXHIBIT "C" Page 2 of 6 6, a ° c b ot£Jm 2 tl AMOUNT 1 ° 520,763.0 5941 0 5245,005.0 5165,536.0 575&0 o°o wnw Nv?$ H69 coo °o$ S _ H _ -- _ _ _ - _ - I%$ - o $6969 o° - 522.000.0 02R nnn n en Hwy °o o o oc w 0 o oo N m N 69 ry N 69 moo 4e N W $ 0. N 69 N o e °NH y 0 o N 69 $22,580.0 5102.0 °°° 00 m 69 O $_ ^ —"+ ? N n m W UMT PRICE $1.00 $1.00 595.00 5112.00 596.00 w 5160.00 5234.00 seen nn H g ° ° w o= o H N 69 $3,360.001 ca enn nn ° $o o °$° MN -. o o 42.1 ' 52.700.001 ww ° m 9 on 8269w20 w ° `, °0 8 60,o w Ui p °o w '000'0015 09'002$ 00's5 y C F 9 ° m x j Q 0 M 4 01 ^69 69 5340,428.00 $238,480.00 53.600.00 0 0 0 NN 533,810.00 58,800.00 5109,200.00 5142,380.00 $14.000.01 0 0 e9 H 0 e9 o H W N 69 0 0 W tW 0 0 $W - 69 69 y 0 N w 0 W W 512,000 $12.000. 514000 n °$ 'w m o q 0 o w 1 0 . 0 M 0 o. � H o O p , 69 $25,000.0 567.5 $18,064.0 510,200.0 M W° CV w $3,088,029.00 m _ ? °o H vi °o v n 5132.00 5160.00 5450.00 o o W 5230.00 5550.00 3400.00 5420.00 $14,000.00 °:8888 _ H I $3,000.00 55.50000 0 o 0O 69 o o o ° H o °88888 o m o 1 0W o 0 ° 8 o?° w $$O _ ' * 514,000.00 512,000.00 514,000.00 516,000.00 $1,500.00 $50.00 � W pogo " C q V g Zt$ ° o N w N w o ° H = `�.� ._.. AMOUNT 1- N m n`. 6969 o 000 WI'P "$ w 523,373.00 52,848.00 5104,256.00 5146,787,00 543,000.04 H I 36.880.0 56900.001 $101,755.11 512,740.01 0 mm v6969 578,030.0 56,120.0 $6,900.0 52,165.0 533,600.01 374.780.04 0 o O a O H ° �Rn m . ' .69 69. wp o m 54,465.0 51,656. m w o ° vg w p ° y 0 Ww - _ 69 w w N Q W Y 69 69 = °°, °mo b� 2Hw $159.00 5170.00 5382.00 $433.00 543,000.00 10 0,+0000°° »daW 0 m 54,455.00 $10,450.00 57,380.00 511,200.00 513,375.00 51,400.00 $70.00 284 "' °° °o 00 °o o'n mwd,6t8 69 2mmwo 0ci vi o owe w "'w ° 09 0 69 H &a C4nbe<tora, Me. P.O. Box 10705 Corpus Christi. Texas 70450 " $941.00 5197,293.50 5103,238.30 52,576.00 _. _.qoq .2m o 69 518,816.00 57,645.00 585.995.0[ 5116.955.00 540,500.00 H H 51,570.01 52.220.04 69 069 oNNUN°22:;42°i �. Mw e9 H .., 53,525.00 54,150.00 52,800.00 54,800.00 55,550.00 55,530.00 5141,600.00, oO 4i 000 Y�ro H 0 .°- a+0iw 52,827.5 $1 ]00.0_ 0 801800 H 2'm M °° w o `�'$r w '9 y N N 0 aw _ - 69696W6H o w 5455.00 5475.00 PA 69 $2,14500 52,245.00 52.710.00 53,400.00 $ °0 °0 °,.0169° «,' -'N°^ 696969696».„ °08 °° 53,525.00 $4,150.00 52,800.00 $4,800.00 55,550.00 52,765.00 $48.00 00'008$ $ °o, 6969. °o, °° 0 $7.25 5850.00 mm°oo «, '"" o� »o o po goo "' o0 69$0 69 dSa ' er m y V a V i V < yh a 51,882.0 $195,488.2 n ° 520,266.00 53,552.00 581,900.00 5129,498.00 525,000.00 o 5136,30000 512,000.04 ��ww m $67,200.0 5117,600.0 o O $ °°Q x00 ow H o w ° Wi w 531,928.04 $ ) 0 P° w 576,076. 5644.0 0 " 0 - w H $20 400.0 $15,918.2 $16,000.0 534,000.0 o N n N M W g 7 F V N O '6N P SY I $2.00 LF $76.80 004'6 69 5 5 o »w 5 5 o° o O 0 m om w w M 5 5 5 W 0 0 °oo w M W O 0 W W W W 00'009'0$ 1/3 00'0061$ V3 0 0° 0O 0 o &0101 9 W o W W p ° °m$ o O ° o w o W - w w 69 W -) HH Q U ill lea-%6L1,9 0 00 vown »910 w $ w A I f $ ^ 0 Nl N o °o y J 2 $ o o 0 ° ° w sN e cc w w W W 3 UP RIVER ROAD RAND MORGAN RD. to McKINZIE R0. CITY PROJECT NO. enes 2 69 >"° N p 0 d° 42--N2 Q 0 - 4- N N y< �- M :; o N 4 N N --- N . VV 0 10 W N E 0 " O 2 m N 0 c4 Oa N m 0 P 310 - PART B: STORM WATER DRAINAGE IMPRC Site Grading Block Sodding Seeding For Erosion Control 18" Dia. RCP (Class 111) 130" Dia. RCP (Class III) 36" Dia. RCP (Class III) 42" Dia. RCP Class III 48" Dia. RCP Class III 8' x 4' Precast Concrete Box < 2' FIII 7' x 4' Precast Concrete Box < 2' Fill Concrete WIngwall No. 1 (Parallel) (0. 5 ew 6-6" Ht. with Pedestrian Rail Tie into Existing 24" RCP e into Existing 27" RCP Tie into Existing 48" RCP Tie Into Existing 10' x 10' RCB 5' Standard Curb Inlet 5' Special Curb Inlet (Type 'A') PP UU a. oo ob 6' Inlet Extension 3.0' 5Q. Post Inlet 3.5' 5Q. Post Inlet 13.0' SQ. Grate Inlet 1 4' Dia. Concrete Manhole (Type IC) 5' Dia. Concrete Manhole (Type 'Al 6' OIa. Concrete Manhole pe'A' 7.5' x 7.6' Concrete Manhole 7 re '0' '85' x 4.0' Concrete Manhole J. e '0 8.5' x 8.5' Concrete Manhole p e'D' 9.5' x 8.5' Concrete Manhole T p '0' 3.0'50. Concrete Manhole Riser Cement-Stabilized Sand Sack011 Adjust Existing mom) Water Manhole to Finish Grade Channel Excavation Regrede Existing Drainage Ditch 5" Concrete Riprep Slope Protection for Drainage Channel 5" Concrete Apron for Drainage Inlets Conc. Safety End Treatment for (2)18" RC Pipes 6" Concrete Curb & Gutter Unanticipated Curb & Gutter Removal Silt Fence for Stone Water Pollution Prevention Hay Bales for Storm Water Pollution Prevention Allowance for Relocation of Stone Water Utilities Asphalt Pavement Repair for O8site Storm Water Trench Trench Safely for Storm Water Conduits Trench Safety for Storm Water Structure Television Inspection of Enclosed Storm Water Pipes Television Inspection of Storm Water Manhole Traffic Control U Subtotal Part 'B' 1 /Items B1 through 852) a'm mm in m2 ^m mmmm'al m m m mmm m m mmm 'fimm22888E m 21010 m 22222222 HE mm TABULATION OF BIDS OF ENGINEERING SERVICES -CITY OF CORPUS CH 44, Ft 11 0 George Constrvetlon, Inc. 5148 Lotus Stmt Houston. Tama 77045 o 69y °00 »N " 55,20000 520,900.00 o°mss� w4,° 0 �1O 00000s °pevop 69494949 K 1111/'9$ 00'009'L5 °° 00'0995 00 005'2$ 55,950.001 51,300.00 °s00 B�'SSSwwN 000 00ss mo 4, H $20,000.001 $65,000.00 0 H 0 w ao w N N 525,000.00 �I 5150.00 yN HH 00'90Z'C80$$ UNIT PRICE f men N r $300.00 51,300.00 00'o00'zt$ 00009'63 00'000'9$ I 00'000'35 00006'13 0 °o NH 0 0 S °o m HN N 0 0 °o ° w 51,800.00 54,000 00 00011$ 00'009'3$ 09091$ 00'0013 °°0 .9.+.0 m 8 S ((VV w Ww S ° $ ° ° 00 NH N ° ° M W _ w w N N y or' ''°y w ° a 4, °° °a_0 888 ° N N N 69 w 0 4 0 H 5133240.00 $18150.00 58,100.00 $1,242,675.00 58,000.00 O C0 800N NNH w NH °H 0° H m M H 00'00E5 06009 G$ $1100.00 56,000.00 5200.00 5600,00 $1,200.00 5600.00 'N°S 4, N $600.00 55,600.00 $50.00 5800.00 000non PV.°o H H ° °o.�°� 69 69 M $17,200.001 888 81.5 2821 W M 0 w _ H _N ,--T- N 8 p 0 N 28 zsa 0go '922 H ° H N O W o7 N Laughlin- Thyseen. Ltd. 1820 Boyles Street Houston. Texas 020 a °00 6 g """ 08.00000 00008 a � 5 1 5250.00 $1 ,700.00 0 o 69 6 10060E5 00'00r9$ 000 oa 99 89 5100.00 5160.00 51,200.00 5100.00 08.8.$00000000 »n0000' w '" 499969'" 00 0 «, H 2 $3,400.00 53,40000 N 0 00 Oo .„ N 0 0 H 51,300.00 525,000.00 5120.00 N . ' $ c 08 - w „ 8000000 0100m°cwn Hww H 55,610.00 $11,46000 000 <M° «�� 00000 _0 °eo $640.00 51.900.00 52,545.00 51,710.00 $11,200.001 $2,040.00 '9 55,78500 53,050.00 54,640.00 514,240.00 o m h» w ° Roo Egg H °° « "° ' S S 0m0 0 H° H ma N 69 $2,217,767.601 & G Contractors. Inc. Hoes.Ancierson Construction. LIP. Corpus Christi, Toros 78400 Corpus Christi, MIMI 70.417 UNIT PRICE f po 5 q w H 5169.00 51,146.00 51,273.00 51,628.00 55,350.00 56,625.00 56,875.00 0 0 64, 5.8.000000000000 o N eCC m M W 0 0 m 0 N 0110 N p N 19 d m< 665 N W N N ..„r. N 6 6 S NH $1,145.00 52,300.00 5150.00 5416.00 °0S. 0 0 0V 0 3 O 0V 1 N� mw H M W & m f4, m 0 m e9 S°° 32 w S H H H $4,840.00 •o P 000 g SH H 19 0 0 0 4 0000 ° r ry r SAH de, p 0 0 0 R O O °N d O w www49Hw64,4,H6969 S m $1 575.00 55,210.00 5490.00', 51,850.00 $1,355.00 00000006 (m�' °p4 8989 o 0 IO N N N 0 0 5 N°Hw N N 4, 0 0 5 °p' W m 511.600.001 0 N C° w 0 '^ o 0 W "' 1 56,700.00 mm Nw _ ww� N 0 M m 0 m w $53.65 $41.95 $117.50 $125.00 5132.00 5750.00 5885.00 $1,015.00 51,500.00 $1,675 00 56,000.00_ 2888 0000 HNN $4,265.00 5437.00 888880888828 0 nS Nw N m0N °NH�nn 69 000 e -0 �� 69 �' 11 5155.00 5400.00 5505.00 $9,80000 5900.00! 51,590.001 0 w 0E8 HSS OS 0 69 4, 0 n� w 05, 69 0 8i3O SS 0 H °0 0 4,w 0 kk $ q ° 06 �_ W r y V'p $742,975.00 58,800.00 519,800.00 56,400.00 55,600.00'. 56200.001 38,000.00' mH p4, H w 00 00'000'E$ oo _ i9 °w 5380.00 $1,850.00 53,200.00 $1,140.00 H H $1,000.00 58,800.00 $265.00 _ 51,040.00 0 °0 m b m 5 4, w °o _ H H N 882 M °o W N ° 0 w °° m N 0 0 On m H 0 0 �' 0 0 00 0 000 H S N 0 N N 00 or 89 i°. h Ol m w m 3^ n8Q B d° a _ S no °0, m �' °m mg. N °0 °0 S0 °0 °0 °0 =' °o °o °° °0S °08 °° 4,496696969°', °00° °o °4NN NN °000 °o °0 Vlw °000 °00°° 0 - 8 89 °0,0°0.0088 °° 0off00° -m$l-na N Nw 51,000.00 52,200.00 5285.00 5520.00 p NNN 0 4,w 0 0 R w 0o 000 y`SS 0 H 0 0 o w 8v H 0 o 1 w 82 pco w'08 H UP RIVER ROAD RAND MORGAN RD, to McKINZIE RD. CITY PROJECT NO. 0285 e p -1 IL- L 6666666666646646666666666 <6666 6 466 _, ugs vii ±` f d 0 1 81 m C 1 l - 0 49 )1 .- 01010 0 0,.388 - e - N ^ a N H 0 m 0 ° e -- N f ID -PART C: WATER IMPROVEMENTS 6" Dia. C900 PVC Waterline (DR 18) 8" Dia. 0900 PVC Waterline (DR 18) 12" Dia. 0900 PVC Waterline (DR 18) 16" Dia. C905 PVC Waterline (DR 18) 24" Dia. Oucllle Iran (Cement Mortar - Lined) Waterline (Pressure Class 250) 6" Tle -In/ Connection 8" Tie-in/ Connection 12" Tie -in/ Connection 16' Tie -in/ Connection 20^ Tie -in/ Connection 24" Tle -in/ Connection d F 8f, m% `0 ry 24" x 16" Tee 8" x 6" Tanning Sleeve > W : F Q 0 . ry 0 16 "x8 "Cross 24" x 12" Crass O o p g 2000 0 iQ te4 0 m a B "- 45° Bend 12 ^- 45' Bend m 1 �NV0 4,0 " n. .. 0 n m B' Plug 16" Plug 20" Plug 1' Automatic Air Release Valve with Box & Cover 8" Gate Valve with Box & Cover 12" Gate Valve with Box & Cover 16" Gate Valve (Horizontal Installation) with Box & Cover 24" Gate Valve ( Horizontal Installation) with Box & Cover Fire Hydrant Assembly (Type 1) Fire Hydrant Assembly f'voe 21 Remove Existing Waterlines and Fire Hydrants as Reaulred [Grout & Abandon] OR [Remove & DlspoSe of] Existino 20" CI Waterline Replace isting Water Service with New Service Connection CementStabilized Sand Back811 'Adjust Existing Gas Valves, Water Valves and Water Meters to Finish Grade 'Adjust Existing Water Valve Vault (Sta. 87 +41) to Finish Grade lAllowance for Relocation of Water Utilities Asphalt Pavement Repair for Mite Waterline Trench Trench Safely for Waterlines Traffic Control m P U u U Q N 6 a ?` Vl v JL '- m a 3 (I 889 3 m r 0 0 0 or- V U U N 10 U U m° U U M1 U U N W U U O N N U [5 u i> O N ci U N m W° V C> i> 0 u Sr �8 5s N 8 0 W U U 8 6 NQ 0 0 yy J ci c5 c� 0 6 v ci IEXHIBIT "C" I Page 3 of 6 O 0 V 0 George Canstructlon.lnc. 5148 Lotus Street Houston. Taxes 77045 g i 0 m w < w < M 0 8 w w °08 a 000 w a SE a w 8 M w 8 w 8 M 88 N "d w 0846 � w w n 514,264.00 53,600.00 09TOP'P6S$ 00'000'095 i w w w w ts w M w w w w e° °o008 0 69 0 4 M 40 a a w n w w 8 w 8 w 000 w 9 00 4w 0 w Nw w LeuaFlln- TFyvasn. Ltd. 1320 Boyles Street Houston, Texas 77020 4 a 8 w $51,570.00 8 g 8 g3 w 8 d z7). 8 w, w 8 w 8 0 w g N w 888888 Nn w 080 yy w 88 M 8 N w g w 8 w 888 222 88 8888882 " w w , °0 w - -00 w N i d. K U 0 w w �, ° M M $120.001 M M»80JN 8 8 $250.00 51,80000 w w _ N490 28 ww,„w$8 9 w e HaseArnlerson Construction. Ltd. P.O. Box 7592 Corpus ChrlsII. 1000575417 _ AMOUNT M 6 0 w w- 0 M o w w w w 08m w"'y5 08808 wm 88 <_ w� 0 w m° N°w «, 0^ trait; 8 E6 w 525,000.00 51,335.00 58088 mRBco w 60 4 °g M 1 UNIT mica _ «. 8 � M 0 M 0 O 0 M M 880 6' b'0 $380.001 $5,095.00 v M M w ai a d, 51,14.5001 w Od 08 222460 _ te"'.— 69 8 8 660 0 0 'g 60 H& B Contractors, Inc. P.O. Box 10700 Corpus Chrlen, ewes 70400 O w 8 a 8 mb 8 w 8 w 8 w 8 VI M 8 4 M 8 w 8 5906.00 t $19,200.00 $13,750.00 $12,150.00 8 °8° grld 0 0 r N -0 '4 g e ..0.1.00— 0 0 p w 88 0 0 2' 515.000.00 $668,572.75 UNITPRICE 0 8 es 8 $104.25 S S n w 8 6, 8 6, 8 w R88888 w w w 00 w 8 w 8 8 w 888.8 w -�N� a 525,000.00 5215.00 8888 w ww a a; g n m a a U = F f a g w ° '� M e9 4 8 w w n 0 8 w w 8 w w ...... '100000 WW ""2'2" NM 8 00 0A ' 0. w w ... Or 00w 4 00'009'13 0D000'gs$ 000-0 08Ne 228 Of a m' q N w 531.001 ,"» .° «, M w 0 w $200.00 $4,100.00 88 006 to °8 Meg E 8 5 523.001 8 $ w N�4 w °� ho W °08888 gw`,%w Nw 8 w UP RIVER ROAD RAND MORGAN RD. to McKINZIE RD. CITY PROJECT NO. 0205 DESCRIPTION I OTY. 1 UNIT tl J J J J J J J J J J W Q j Q j a Q J Q Q 0 0 a W rn J N_J W-J 15 n 0 8 04 E 8 8 a N n m A n R o m u, 0 m 0.- 0) m CID - PART DI WASTEWATER (SANITARY SEWEF 8' Dia. PVC (SDR 26) Wastewater Gravity Line (0'-6' Depth) 8' Dia. PVC (SDR 26) Wastewater Gravity Line (6-6' Depth) 8" Dia. PVC (SDR 26) Wastewater Gravity Line (8' -10' Depth) 8" Dia. PVC (SDR 26) Wastewater Gravity Line (10' -12' Depth) 10" Dia. PVC (SDR 26) Wastewater Gravity Line (8' -6' Depth) 10" Dia. PVC (SDR 26) Wastewater Gravity Line (8' -10' Depth) 8" Dia. PVC Wastewater Pressure Pipe (150 psi for Waterline Crossing (6'48' Depth) 8" Dia. PVC Wastewater Pressure Pipe (150 psi) for Waterline Crossing (8' -10' Depth) 8" Dia. PVC Wastewater Pressure Pipe (15D psi) for Waterline Crossing (10' -12' Depth) 0 I 0 72 3 K.). oii v 3'I '0 10" Dia. PVC Wastewater Pressure Pipe (150 psi) for Waterline Crossing (8' -1(1' Depth) 8" Plug 4' Dia. Fiberglass Wastewater Manhole (PE' Depth extra Depth for 4' Dia. Manhole (Over 6' Depth) 5' Dia. Fiberglass Wastewater Manhole (0'E' Depth Extra Depth for 5' Dia. Manhole (Over 6' Depth) Fiberglass Rehabilitation for basting Wastewaler Manhole Tie into Existing Wastewater Manhole Grout 8 Abandon -in -Place Existing 8" Wastewater Line Remove Existing 8" Wastewater Line (5'to 11' Depth) BacMAI & Abandon -in -Place Existing Wastewater Manhole Replace Existing Wastewater Service wt1A New Service Connection Cement-Stabilized Sand Backfill Flowable Grout Back811 for Wastewater Manholes Adjust Exesbng Wastewater Manhole to Finish Grade Allowance for Relocation of Wastewater Utilities Asphalt Pavement Repair for OBSile Wastewater Trench Trench Safety for Wastewater Lines Trench Safety for Wastewater Manhole Television Inspection of Wastewater Conduits Television Inspection of Wastewater Manhole Traffic Control_ Subtotal Part 'O' (Items D9 through D32 WyW .<0 m N 0 0 0 0 0 0 0 0 0 .— 3653563E N N+ d N 0 n 00 0 0 0 N 0 (0 d 0 0 N 0 b A 0 0 0 0 0 0 EXHIBIT "C" Page 4 of 6 to 0 8 m o 0 o. o w ~ o s 8 C GBor0e Construction, Inc. 5148 Lotus Street Houston. Taxes 77045 S °o a 8 N y $25,220.00 $2,244.00 $13,600.001 $1,350.00 SS 0 ° y O o O m N I. § O 0 y 9 y 00999 gggigg y 69 y S G Contractors, Inc. Ha,,Andrtaen Construction. Ltd. Louphiln-Thynen, Ltd. P.O. Bar 10700 P.O. Box 7692 IMO Boyles Strait Corpus Christi. Texas 70480 Corpus Christi, Tmen 711417 Houston, Texas 77020 y °s Q S 0 CC m 43 N O y y O O N ro y m i. w E t 0 0 0 y ° 488 0 ° 0 o ° ° o ° 98 i 4 y y `0 °O° y ° 05 00 y R VI e-. w a. t § 0 y 0 y 00000 y N y = 6 $32,051.251 y m y $16,235.001 $1,635.00 m S » N N A y t y y S y $955.00 $1,635.00 51,076.00 $80,000.00 m 9 V $ 0 0 y 0 y y °S( M y S s m e 10 2 O H W a 0 y m w ° r6 SW To y $S 10104969 ° m (V ^• •••Y•p•V• •w•• • -UP RIVER ROAD RAND MORGAN RD. to McKINLIE RD. CITY PROJECT NO. 0265 H e 0 m g _J W W W _m nN 2035 a m v N s S 2' Da. PVC (SCH. 40) Electncal Conduit for Street Liohts Dut PVC (SCH. 60) Electrical Conduit for le.ure re M.I.S. 4" Dia. PVC SCH. 80) EIectrcal Conduit for Future Signalizahon o t 0 o O m m Ci a a gg .. m 0 0 124 "x36 "x24" Handhole (Pull -Box) for M.I.S. Traffic Control Subtotal Part (Items El through E7) R< m w `ui w ui to ww 0 0 a te 0 Y m o m K co0 0 0 o. w n C a 5 U K In to rc 6 FE K W re a K F °Q dy in 0 n n FNA 0 ID N N N e 0 a e S o E U S n, y A (0 69 w O 0 N 0 n H N N O Ss N y 69 ( -`my a y y N n m m n S 6 o o 88 aS ° y ° w - ($12,051.001 m i. w 0 as °o y o 0 0 w °° 6969 8 a 0 ∎c 0 y 0 )Y y 888 _ 69 tt y m m 23 w 00 ° g 69 y y $ $ 0 `01 r w °a g 2 0 A 8 N 2 S y 33 y " 0 A .o. A 0 N y y w ' o o m 9 w 69 8(ADDITIONAL SIDEWALK) 0 ° r6 SW To y o S.0 2 OD086 L$ o a N 0 m 10 o 1 y y c N ° °° y nN y EA 512.705,00 w n 9 N W >9> a 0 m m m -. w m y 'ADDITIVE ALTERNATE 140.1 - PART F. STREET IMPROI ADD TO BID REM A9 4" Concrete Sidewalk 1 ADD TO BID ITEMA1t Concrete Curb Ramp ADD TO BID REM An Reflective Pavement Marking Tyne 1 (W) (CROSSWALK) (10' W de) ADO BID REM A38 PEDESTRIAN CROSSING Sion ADD BID REM A39 Solar-Powered Dual Signal Head Crosswalk Assembly ,DEDUCT FROM BID ITEM 61 Site Grading !DEDUCT FROM BIDREM_B2 Slack Sodding Subtotal Part F' (Items P1 through F7) a LL LL LL LL LL LL 0 0 a te 0 Y m o m K co0 0 0 o. w n C a 5 U K In to rc 6 FE K W re a K F °Q dy in 0 n n FNA 0 ID N N N e 0 a e S o E U EXHIBIT "C" Page 5 of 6 00 p ... m° m OS V y n ° 0 0 m m N A 0 0 m 0 6 CC{{� q 9 a y y y 0 N a 0 83 in 69 69 y 8 0 y 8 0 P y y m 0 0 ty 0$ 0 ∎c 0 my (0 c a 0 y n 00 ° g 69 m 69 00 t w 0 10 0 `01 o 2 000 020 y 00 0 y y 0 0 0 o o m 9 Ii m 0 y 8 m ° K 3 o 0 g w 0 o O 0 to 69 69 69 y y w 9 _ _ a 0 t m w m y o o n or w y y 0 y > 0 y (q N Q Ur y N - 2 1 2 2 M S x 1 x EXHIBIT "C" Page 5 of 6 a S V p O 0 V • o u. 0 0 0 0 It a0 J 0 7 F— R 8 0 George Construction. Inc. 5148 Lotus Street Houston, Tepee 77043 ITEM DESCRIPTION OTT. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE MIOUrrt BID TAB SUMMARY 1 b w $2,013,205.000 W '^ or 0 6 w 1 TOTALS 1 w ry1 will O w w IS M n' w w Pe Laughlin - Thyssen. Ltd .. . 1320 Boyles Stmt Texas Haan. T. 77020 TOTALS 1 $2.929.919.50 $3.088,029.00 es $ a a es 1 TOTALS up T. w $ o m 5146 007.60 or P ea 55,828,478.501 pi as ei va N es 58,869,547.50 d as 0 fr 2& Q � � L 4 0 TOTALS $2.659,115.70 is W w $2217,767.601 O e w $113,538.001 N m w y 6 f N m ° w w 0 m w In N e w 0 m n° x w Ir. ' w w A 6 n< w 0 N r w a w ° P. w w H 60 Contractors, Inc. 1.0.00810700 Corpus Chrl :g, Tepee 78480 TOTALS 53,207,071.19 51,928,240.55 i a w N N a w ° °a a ~ 5145,672.14 or � w Q w n w 1 57,848,204.931 ° w a q wa N 1 57,972 158.03 P 0 a a ew 1°X `� n w n `u° 10 w n PI a " 57,348,659.55 TOTALS 1 a "- °° ' a a w 4 w m w w °e S w °m `V w °n a r w 0.1. n n' w in 1` w R UP RIVE ROAD RAND MORGAN RI ERR to McKINZIE RD. CITY PROJECT NO. 6265 TOTAL BASE 810 DESCRIPTION - PARTS A, B, C, D, & E Part A - $treetlmproverltenls ([emO Al through A37) 11Part O - Stones Water Drainage Improvements (Items 131 through B52) Part C - Water Improvements (Items CI through C49) Part D - Wastewater Improvements (Items D1 Ihrough D32) Pan E - Street Lighting Improvements (Items El Ihrough E7) TOTAL BASE BIO ADDITIVE ALTERNATES • PARTS F & G__ Pad F- Additive Alternate No. 1 (Items Fl through F7) Pad G - Additive Alternate No. 2 (Items 01 through G2) Part H - Additive Alternate No. 3 (Items HI through H9) 1 TOTAL ADDITIVE ALTERNATES TOTAL BASE BID + ADDITNE ALTERNATE NO. 4 TOTAL BASE BID + ADDITIVE ALTERNATE NO. _ TOTAL BASE BID +ADDVE ALTERNATE NO. TOTAL BASE BID + ADDITIVE ALTERNATES N0.1 & 4 ITI 11 TOTAL BASE BID + ADDITIVE ALTERNATES N0.1 & TOTAL BASE BID + ADDITIVE ALTERNATES N0.2 &_ TOTAL BASE BID + ADDITIVE ALTERNATES NO. 1 & 2 & 4 EXHIBIT "C" Page 6 of 6 AE E_P'f ,'n'..GO Hectic cttfPc Pewer PO Box 2121 Cnrtn _ C1t:ti h.. 78403 -2121 .:r... .V.aep. o:n x AMERICAN` ELECTRIC POWER November 22, 2006 City of Corpus Christi Traffic Engineering Division Attn: Ricardo Guzman P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Subject: (UP RIVER RD FROM Mc KINZIE RD TO RAND MORGAN RD) This letter is in response to your request for streetlight installation on Up River Rd from Mc Kinzie Rd to Rand Morgan Rd and request for the city's aid -to- construction cost above the AEP allowance provide by the state tariff. This project scope will consist of installing 16 new 250 Watt HPS streetlights mounted on existing /new wood poles on 14 foot brackets, 18 new 250 Watt HPS on concrete poles with single six foot brackets, two streetlight upgrades from 150 Watt HPS to 250 Watt HPS on existing wood poles on 14 foot brackets and removal of five existing streetlights. There are additional costs that have been added into the estimate for traffic control, barriers and the city's installation of the streetlight conduit raceway. The project work zone starts at Mc Kinzie Rd and ends at Rand Morgan Rd. The City's aid -to- construction cost estimate for this portion of the Up River Rd project is $80,000. Note: This estimate cost will be void after 90 days from this issue date. Please send me a City Letter of Authorization at your earliest convenience for me to be able to finalize the AEP design and issue this project to construction. If you have any questions, please call Ryan Powell at 361- 288 -2875. Ryan Powell Designer II . CC Artis Karnei, AEP Ken Griffin, AEP EP: inerrca's E, eitn rt ner File : \ Mproject \councilexhibits \exh6265A.dwg SAN PATRICIO COUNTY f CORPUS CHRISTI BAY LOCATION MAP NOT TO SCALE NLOSO HIGH SCHOOL VICINITY MAP NOT TO SCALE CITY PROJECT No. 6265 EXHIBIT "E" UP RIVER ROAD IMPROVEMENTS FROM RAND MORGAN TO McKINZIE ROAD (BOND ISSUE 2004) CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 11 -29 -2006 5 = ■•• 45 AGENDA MEMORANDUM DATE: December 19, 2006 SUBJECT: J.C. Elliott Citizens Collection Center and Transfer Station (Project 5192) AGENDA ITEM: a. Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $3,835,907.25 with Longhorn Excavators, Inc., of Richmond, Texas for the J.C. Elliott Landfill Solid Waste Citizen Collection Center and Transfer Station. b. Motion authorizing the City Manager, or his designee, to execute a materials inspection, testing and laboratory services contract in the amount of $84,056.00 with Kleinfelder of Corpus Christi, Texas for the J.C. Elliott Landfill Solid Waste Citizen Collection Center and Transfer Station. ISSUE: Development of Cefe F. Valenzuela Landfill needs to proceed to ensure continuous availability of disposal space. RECOMMENDATION: Approval of the motions as presented. /004 An Escobar, P.E. tf jP y ; aplar4 Director of Engineering Services Director of Solid Waste /Street Services Attachments: a. Additional Information b. Bid Tabulation c. Preliminary Budget d. Site Map H:WOME KEVINSIGEN\ ANDFILL \ CCCTransferStation\Const- AWDMemo.doc ADDITIONAL INFORMATION SUBJECT: J.C. Elliott Citizens Collection Center and Transfer Station (Project 5192) PROJECT: The project will result in the construction of a combined citizen's waste collection center and commercial transfer station at J.C. Elliott Landfill. The project includes demolition of existing structures. Components to be constructed include: • earth embankment; • cast -in -place concrete retaining walls; • structural steel; • cast -in -place concrete elements of the transfer station; • concrete paving; • asphalt paving; • crushed limestone flexible base paving; • concrete traffic barriers; • chain link fencing; • storm water detention pond; • storm water lift station; • water main and distribution pipes; • RCP storm drain pipes; • pre -cast box culvert; • prefabricated attendant building; • pre- engineered metal building roof system with lift station and other facilities. BACKGROUND: The J.C. Elliott Citizens' Collection Center and Transfer Station emerged as a result of the Cefe Valenzuela Landfill development. J. C. Elliott Landfill will continue operations as a waste transfer station, brush reduction /disposal site, and household hazardous waste disposal center. This will enable citizens to minimize travel for disposal of wastes and separate the small hauler from the large commercial disposal companies. PRIOR COUNCIL ACTION: January 19. 2006 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 12 to the Contract for Professional Services with Shiner Moseley in the amount of $390,700.00, subject to availability of funds, to the Cefe Valenzuela Landfill for a Solid Waste Citizen Collection Center and Transfer Station at the J.C. Elliott Landfill (M2006 -007). PRIOR ADMINISTRATIVE ACTION: February 14, 2006 — Award of a geotechnical services contract to Kleinfelder, Inc. of Corpus Christi, Texas in the amount of $8,800.00 for the J.C. Elliott Landfill Citizens' Collection Center and Transfer Station. H:WOMEIKEVINS \GEN\ ANDFILL\ CCCTransferStafion \ConstAwdBkgExhA.doc Exhibit "A" Page 1 of 2 FUTURE COUNCIL ACTION: Council award of any necessary change orders. BID INFORMATION: The project was bid as a base bid with two additive alternates. The additive alternates are for prices for: • cast in place concrete retaining walls; or • mechanically stabilized earth walls (MSE) retaining walls. The contract provides for the project to be completed in 150 calendar days after the notice to proceed. Liquidated damages are set at $500.00 per day. A total of three (3) proposals were received and opened Tuesday, December 13, 2006, with base bid proposals ranging from $3,406,913.32 to $4,973,703.52 (see Exhibit B - Bid Tabulation). The high bidder had a math error extension on bid item G6 (Guard Rails at the Citizens Collection Center). He appeared to fill in a lump sum price to the unit price. Use of that number as a linear foot price causes an exceptionally high price for the item, This cause his bid ranking to shift from second low bid to third low bid, which does not change the priority of the apparent low bidder. Bid prices were adjusted to correct extension errors by Barcom and RM Techcon Construction. Two additive alternate bids were accepted for two types of retaining wall that must be incorporated into the project. This was done to determine if mechanically stabilized retaining walls offered a cost advantage as compared to cast in place retaining walls. Longhorn Excavators of Richmond, Texas submitted the low bid total bid of $3,835,907.25. The engineer's estimate for the base bid was $2,800.348.10. The engineer estimated the additive alternate 1 to cost $3,167,550.10 for cast in place concrete retaining walls. The engineer's estimate for additive alternate 2 was $3,057,066.10 for MSE retaining walls. BID RECOMMENDATION: Longhorn Excavators is an established company whose principals and employees are experienced with projects of this nature, having successfully completed similar projects. They are in the final stages of completing Cefe Valenzuela Landfill. After reviewing the company's capabilities, the City's consultant H.D.R. /Shiner, H: \HOMEUCEVINS \GEN\ ANDFILL\ CCCTransferStation \ConstAwdBkgExhA.doc Exhibit "A" Page 2 of 2 Barcom Commercial Longhorn Excavators RM Techcon Construction Base Bid — Part A -G 3,406,884.40 3,468,735.75 4,973,703.52 Add. Alt. H 545,593.00 367,171.50 428,156.00 Add. Alt. I No Bid No Bid 417,015.50 Base Bid + Add Alt H 3,952,966.65 3,835,907.25 5,401,860.02 Base Bid + Add Alt I No Bid 5,818,875.52 No Bid 1 BID RECOMMENDATION: Longhorn Excavators is an established company whose principals and employees are experienced with projects of this nature, having successfully completed similar projects. They are in the final stages of completing Cefe Valenzuela Landfill. After reviewing the company's capabilities, the City's consultant H.D.R. /Shiner, H: \HOMEUCEVINS \GEN\ ANDFILL\ CCCTransferStation \ConstAwdBkgExhA.doc Exhibit "A" Page 2 of 2 Moseley & Associates, Inc., and City staff recommend that the Base Bid and Additive Alternate H be awarded to Longhorn Excavators for the total of $3,835,907.25. CONTRACT TERMS: The contract specifies that the project will be completed in 150 calendar days. Completion is anticipated no later than the early June 2007. FUNDING: Funding is available from the Sanitary Landfill 2006 CIP Funds. H: HOMEIKEVINSIGENILANDFILLICCCTransferStation1ConstAwdBkgExhA .doc Exhibit "A" Page 3 of 2 PAGE 1 OF 9 LO F N 7 GO p a CO O [1 Z O = R' 5W m 2 g W 0 f W • RM TECHCON CONSTRUCTION, LLC 1 410 S. Enterprise Parkway Corpus Christi, Texas 78405 phone: 361 - 299 -1801 4 4 FO CO el CO N N ° 0 r OD P N $ 30,000.00 $ 261,735.00 $ 28,930.00 0 0 0 N 0 0 0 b 1-1 1D N y 0 W N N VF 0 P N N N U P yF '$ 221.928.00 CI N 0 P N 0 0 0 0 °n N 0 m P r y $ 2,688.00 N y $ 107.12 O O '0 W y • BARCOM COMMERCIAL INC. 5826 Bear Lane Corpus Christi, Texas 78405 phone: 361 -851 -1000 $ 13,703.55 - N 1 00 "000'0E 5� V N Cl H r N N y el CO CO 0 V} 10 P N H el to $ 241,280.00 $ — 5,413.00 00 eler el n y UNIT PRICE $ 13,703.55 el o N el N 0 o 0 0 el N N N P 0 .4 N N N N yP r N $ 108.26 P V} LONGHORN EXCAVATORS, INC. 8653 FM 2759 Richmond, Texas 77469 phone; 281 -937 -9700 TOTAL O o o m Vi $ 22,500.00 $ 30,000.00 0 O n p1 N ti N $ 27,500.00 N 0 N $ 192,000.00 O O o ° N O n N el N UNIT PRICE 0 O P N 0 ° N N N 0 0 O 0 0 40 0 V N V1 $ 13,500.00 0 10 N 1V - N 1� N CORPUS CHRISTI SHIP CHANNEL UTILITY CROSSING REVISED AND ISSUED POR RE -BID City Project No, 7173/8429 UNIT LS a a a A.0 U 41 N QTY. 1-1 - .i el 4.1 32,000 50 C DESCRIPTION IBaee Bid 1 - Part A (General) Mobilization /Demobilization complete in place per Lump Sum Storm Water Pollution PLevention Plan installation, maintenance, and removal complete in place per Lump Sum Early Completion Bonus ALLOWANCE complete in place per Lump Sum Total Ease Bid 1 - Part Al Bate Bid 1 - Part B (Site and Pavement Dupre' Site Demolition, including removal and disposal of existing structures, utilities, pavements, and items identified on the plans, complete in place per Lump Sum • 0 01 V a II V m N .0 .0 0 M V 4 4 01 m I) a Embankment for structures, retaining walla, site grading, landscaping and all other site embankment, complete in place per Cubic Yard Sidewalk (4 -inch thick) complete in place per Square Yard J Citizen Collection Area Concrete Tipping Floor and Attendant Noose concrete slab (6- inch thick concrete and 6 -inch lime stabilized sub - grade) complete in place per Square Yard H 4 4 4 m m • • m m .0 K W PAGE 2 OF 9 • RM TECHCON CONSTRUCTION, LLC 410 S. Enterprise Parkway Corpus Christi, Texas 78405 phone: 361 - 299 -1801 TOTAL 0 C. I.- W m 0. $ 149,511.00 0 N r. b V N 0 o N T N 00 O N N 0 0 0 0 b H N 00 N IX ZF m N en N to N a 0 N 01 N b N N N on 0 N $ 17,490.00 I • BARCOM COMMERCIAL INC. 5826 Rear Lane Corpus Christi, Texas 78405 phone: 361 - 851 -1000 TOTAL N O b m in N N N N 0 ti N O O 0 0 n N M N CO O p q ti (0 CO C P N UNIT PRICE m 0 $ 70.84 T N b 0 0 b N $ 67.55 N N 0 W b 0 N Q N CAVATORS, INC. FM 2759 Texas 77469 81- 937 -9700 TOTAL 0 O N CS 0 0 00 p CIO b N 00 N N m ri N 0 0 p N 1-1 N °O 0 N N $ 20,460.00 N N Iil F H o m N 0 0 C N Y N O N n 0 0. 0 N F N b 0 0 0 0 N !± 10 (4 h 0 >' 0 i4 N Y 0 �] d 0 0 N 0 'i N 0 m m 0 0 N N 200 n CORPUS CHRISTI SHIP CHANNEL UTILITY 0 REVISED AND ISSUED FOR RE -HID City Project No. 7173/8429 Citizen Collection Area and Access Road Flexible (Asphalt) Pavement (2 -inch HMAC, prime coat, 8 -inch flexible base w/ crushed limestone, 6 -inch lime stabilized sub - grade) complete in place per Square Yard Commercial Hauler Area Concrete Tipping Floor (B -inch thick concrete, 6 -inch lime stabilized sub- grade) complete in place per Square Yard Commercial Hauler Area Acceee Road and City Maintenance Access Road flexible (asphalt ) pavement (2.5 -inch HMAC, primecoat,12 -inch flexible base w/ crushed limestone, 6 -inch lime stabilized sub - grade) complete in place per Square Yard City Vehicle Concrete Loading Pad and 'access road at north end of transfer 'access station (B -inch thick concrete, 6 -inch lime 'stabilized sub- grade) complete in place per Square Yard Concrete Pad at Citizen Mulch Pick -Up Area (B -inch thick concrete with 6 -inch lime stabilized sub- grade), complete in place per Square Yard Flexible Base at Citizen Mulch Pick -Up Area and Detention Pond access pad (8 -inch thick limestone and 6 -inch lime stabilized sub - grade), complete in place per Square Yard Erosion Control Seeding, complete in place per Lump Sum 0 0 0 • 01 • 0 0 N 0 N 0 PAGE 3 OF 9 5. i -prise Parkway LL� -prise Parkway :i, Texas 78405 61- 299 -1801 TOTAL es 07 y o P 44; m co 10 0 an $ 2,190.00 $ 33,052.00 $ 3,500.00 $ 955,777.50 $ 11,653.50 O CO y $ 96,682.80 B 0 m H 0 in N q - u y 0 m re a F o o N y 0 r H an 0 'I y 0 in cn - y N 0 y I$ 3,500.00 co N r 40 VI 0 0 y 0 T N O 0i 0 P an $ 308.85 3M COMMERCIAL INC. 326 Bear Lane hristi, Texas 78405 -. 361 -851 -1000 a pF $.______ 12,788.25 0 N y N 0 0 y S N 0 P N m O in 0 y 0 0 P P y l 0 N e 0 o N N O 0 O y O 0 r y $ 89,205.60 $ — 8,564.72 O 0 .i N m U 0 a F T O D N 44 rI P N .y N O m .-. y P P p 0 r y in 0 m on $ 4,405.69 no F y en r .a y $ 47.96 m N P y $ 251.23 :AVATORS, INC. FM 2759 Texas 77469 31 -937 -9700 a N N co mi y $ 15,444.00 O O N es 0 N y $ 4,020.00 00 a m y $ 4,950.00 N N e m m m N $ 12,150.00 O O m y O - an r m y $ 128,250.00 IX G 0 10 0 N 00 in - in tO 0 N N $ 2,010.00 0 01 T 0) N O in P y O 0 y N N y ne 0 N O CO P m 0 N y CORPUS CHRISTI SHIP CHANNEL UTILITY CROSSING REVISED AND ISSUED FOR RE -HID City Project No, 7173/8429 �yN a G a a a L.P. N r] 6. a a a a e] W a a a QTY. 425 780 42D ry 400 n m Y Mq 430 O m .-i ry 450 DESCRIPTION Chain link Fence, 8 -ft high, w/ pvc slatting complete in place per Linear Foot Chain link Pence, B -ft high complete in place per Linear Foot Chain link Fence, 5 -ft high atop Commercial Area retaining walla, complete in place per Linear Foot Chain link Maintenance Gate, 8 -ft high. 14- ft opening complete in place per Each Containment Fencing, at Commercial Hauler Area 21.5 -ft high, complete in place per Linear Foot Site Signage and Striping, complete in place per Lump Sum Total Base Bid 1 - Part BI Y M qO O 0 y M u P O a a N cm O to Water line piping, 1 -inch dia. Copper Type L and appurtenances, complete in place per Linear Foot Water line piping, 1 -inch dia. PVC and appurtenances, complete in place per Linear Foot Water main (6 -inch PVC) and appurtenances, including gate valves, backflow preventer with vault, and air release valves with manhole, complete in place per Linear Foot Fire hydrants and appurtenances, complete in place per Each Jack and bore across SH 286 w /12 -inch steel casing complete in place per Linear Foot. F m m m M [) U U U PAGE 4 OF 9 co • RM TECHCON CONSTRUCTION, LLC 410 5. Enterprise Parkway Corpus Christi, Texas 78405 phone: 361 - 299 -1801 1 n TOTAL O O N ° N m $ 7,956.00 $ 36,120.50 $ 919.20 $ 5,587.50 q o m N H 0 .y N N y 1.1 VI 0 N • A $ 14,805.00 o N H m N N $ 4,424.00 $ 17,334.00 U d F O N N o N Ve N r m 0 m N 0 p 1p o N 0 n .0 m Y} N m N y N co P O. m m N co m N N p co N an * BARCOM COMMERCIAL INC. 5826 Bear Lane Corpus Christi, Texas 78405 phone: 361 - 851 -1000 O O N co N N $ 53,811.55 $ 11,628.00 m VI VI N m N (0 m M r N H (0 $ 8,437.55 N P m m N N $ 422,134.32 O 0(1 0) 00 N 0 O m m 0 N N m UNIT PRICE o ry n PI V+ $ 53,811.55 10 r m an r m (0 °m N m m 0 m r (R L9'LS $ ti 0 m o ti an m w r- an m m ri N LONGHORN EXCAVATORS, INC. 8653 FM 2759 Richmond, Texas 77469 phone: 281 -937 -9700 TOTAL I $ 33,000.00 0 0 0 o m N 0 0 0 P N ri y 0 0 0 o N y 0 O 0 0 0 e r m 0 0 m cu m CO 0 b (0 0 a co N n w N 0 0 o N P N 0 O °n P Ye $ 5,250.00 $ 7,290.00 [ UNIT PRICE 0 o 0 el 0 $ 78,000.00 0 0 n 4e $ 48.00 $ 45.00 m 0 (0 (n r N I $ 63.00 o m N r m IR n 0 0 m in N CORPUS CHRISTI SNIP CHANNEL UTILITY CROSSING REVISED AND ISSUED FOR RE -BID City Project No, 7173/8429 W 4 C .] 44 0 QTY. ,y .4 o V 0 m M 0 rm i '1 ° (O N N n o n 0 0 51 0 m en 01 IDESCRIPTION Grate Inlets, complete in place per Each RC Box Culvert Bridge (5 -foot x 8 -foot) w/ extended curb headwall, wingwalls, excavation, backfill and all labor and materials necessary to complete the work in accordance with TxDOT standard details, complete in place per Lump Sum Trench Safety, complete in place per Linear Foot. RCP 15 -inch dia, (Class III] complete in place per Linear Poot RCP 12 -inch dia, (Class III) complete in place per Linear Foot PVC 10 -inch dia. (C -900) complete in place per Linear Foot EDPE 15 -inch dia, (SDR 17, smooth wall) .complete in place per Linear Foot Ductile Iron Pipe, complete in place per Linear Poot Total Base Bid 1 - Part C Base Bid 1 - Part D (Storm Water Detention Pi Excavation, grading, and compaction, complete in place per Cubic Yard Flexible Membrane Liner, (HOPE geomembrane, 60 -mil thick], complete in place per Square Yard Geotextlle Fabric, 12 oz, non - woven, includes sand bags, complete in place per Square Yard Compacted Clay Liner, 24 -inch thick, complete in place per Square Yard f£i] N U r U co U . m 0 O U ri •1 U N ea U N U 0' ^ na O • en 0 • a 0 PAGE 5 OF 9 W F m re U N w O C O u. 0O • 2 2 0 H2 W H W 0 Z O OY F w • 0 N F 0 a F City Project No. 7173/8429 18,145.00 N 184,884.00 N N 0 N 186,837.00 N 154,350.00 N H 0 0 m M 0 a1 0 0 m m 0 m 0 0 n 0„ • 0 G Y .0 8.5 W C a 0 Y N 2m L a 4 al .17 '000wV 3 0 N u 0 1 11 V N A m 0 0 0 0 0 4 0. al .r 1.4.44 1.10000 4,00'O W 3 a Y W C'O 4 n V V a a N i d o a W u ° „ O 01 11 0 1J al 0'0.1+° ° N0 u a • 0 .1-) 0 V 01 A 0 F V q ▪ O ctural Excavation c wNR u L V 'J 0 C u E a ti ;12.34 •+ C a u 0 0 'C u M CO '44 1 N V V 3 a 0. 'O a 3 i• '0 0 N W m .0 N 0 a w M w C 0. O a O A R U N m 0 c a a 0 w 1 aa 3 y '0 Y m m a .a, C ▪ C C O L° V 0 ,4u w..4 C 0 a a mm > 3 a .0 M 0 ▪ a 0•. a •w 0 G n 4 0 0 84 u N RO. a 01 Y N N PAGE 6 OF 9 ca 8 tOw 1.} 0 d Q 0. Z c% 0! P gw Z <w � w O H Z W QC • RM TECHCON CONSTRUCTION, LLC 410 S. Enterprise Parkway Corpus Christi, Texas 78405 phone, 361 - 299 -1801 TOTAL N N W in N 0 N $ 56,904.00 $ 175,520.00 $ 81,510.07 $ 93,702.00 $ 14,220.00 0 N q 0 $ 85,336.00 II n in ri N P M rl 4. UNIT PRICE N m N oo 1. r r N a P N 0 o N N N N N < m N N P m m N $ 568.80 cri n H 0 m co N N • BARCOM COMMERCIAL INC. 5826 Hear Lane Corpus Christi, Texas 78405 phone: 361 -851 -1000 TOTAL $ 158,112.00 O 0 co N 0 r 0 an n N 0 N $ 102,776.56 $ 57,500.00 0 N m P .y y' 0 m N 0 y' $ 86,236.00 1 N n N n in 0 '1 i N w u K a F H d m r 0 Ye m N fn $ 47.92 V N m N V! 0 .o 10 PO b N 0 o N f? m vri N to n N N N LONGHORN EXCAVATORS, INC. 8653 FM 2759 Richmond, Texas 77469 phone: 281- 937 -9700 p o yi O m H $ 155,160.00 $ 50,040.00 o O 0 m ry .n O m m H m O m m .rt $ 16,500.00 I $ 105,120.00 0 a m 4ft, G 0 in 0 fV O1 0 -(4 (0 ei m w o yF ry M 0 r N O o oo H N N 0 N an N N $ 660.00 ry 0 $ 225.45 CORPUS CHRISTI SHIP CHANNEL UTILITY CROSSING REVISED MW ISSUED ?OR RE -HID City Project No. 7173/8429 N d O 0 .Y O w N o N N H ti o .y N O 0 400 DESCRIPTION Concrete Retaining Wall and footings (Intermediate Wall) beginning at the north end of the transfer station and ending at the south end of the commercial hauler pre- fabricated steel cover, complete in place per Square Foot of wall Concrete Retaining Wall and footings (North Wall, Commercial Area), complete in place per Square Foot of wall 'Concrete Retaining Wall and footings (North Wall, Citizen Area), complete in place per Square Foot of wall 'Commercial Hauler Area Push/Chute (Walls /Chute Stop, complete in place per (Lump Sum Commercial Hauler Area Tipping Floor Structural Steel Framing, complete in place per Ton Commercial Hauler Area Tipping Floor Deck (10 -inch thick including encased beams) complete in place per Square Foot Commercial Hauler Area Tipping Floor Footings and Pedestals complete in place per Cubic Yard Concrete Traffic Barrier (36 -inch high) complete in place per Linear Foot Modified Concrete Traffic Harrier (42 -inch high), complete in place per Linear Foot Total Base Bid 1 - Part H 4 P w in w • 0 N • m 0 w m w o m N m N u PAGE 7 OF 9 g 0 ONSTRUCTION, LLC cpriee Parkway :1, Texas 78405 61- 299 -1801 TOTAL r m $ 7,000.00 I $ 17,443.00 $ 46,177.00 $ 25,000.00 N m $ 8,574.00 $ 14,620.00 o 0 q 10 N m. m 4 0 0 in 4. $ 1,801,164.00 0 1 UNIT PRICE 0 o n N $ 7,000.00 $ 17,443.00 0 r- r ti a 0. $ 25,000.00 $ 8,574.00 0 0 o N a r N $ 200,070.00 0 0 e in $ 300.00 $ 10,340.00 • BARCOM COMMERCIAL INC. 5626 Bear Lane Corpus Christi, Texas 78405 phone: 361 -851 -1000 TOTAL r p q a N $ 14,845.51 0 N N r p 0 R 0 O l N N O q m P s 01 ri N. q N a i4 N $ 25,503.45 $ 253,755.48 $ 12,633.25 W o m r N O O m N N $ 333,977.03 UNIT PRICE $ 43,394.57 I 1-1 un co C - 0 In N CA op N N 0 $ 43,394.57 0 O O O O N 0 01 N p fl 0 VI p 0 N N OD C N N y 111 rn (0 N r1 0 $ 245.52 $ 185.76 LONGHORN EXCAVATORS, INC. 8653 PM 2759 Richmond, Texas 77469 phone: 281- 937 -9700 TOTAL o o y N $ 15,000.00 �$ 23,700.00 $ o o p N 25,000.00 O O c 0 0 .1 m $ 15,600.00 0 o 0 0 r N 0 0 o 0 a r N 0 0 0 0 O w e N 0 o 0 a m 0 o o o in m M N 0 0 to q m N 40 ru U E $ __. 48,000.001 $ 15,000.00 0 o N N 0 o 0 p Vr O ° 0 O 0 O N N a o w m N 0 o F q N N °O o 0 r CO N o 0 o V N N N N y $ 213.00 CORPUS CHRISTI SNIP CHANNEL UTILITY CROSSING REVISED AND ISSUED FOR RE -EIO City :Project No, 7173/8429 N .] N d N .] m 4 S 9 N 4 N .4 CS .1 N .] 4 tV fu J .. m .. .. .. .. m. Y - .. .. 3I o Base Bid 1 - Part P (Electrical Improvements: Iml C i m v A9 mp - E a 4 o, m p L C N + 4 N m Y w m N E 4 O E u Lift Station electrical systems, complete in place per Lump Sum Attendant House Area electrical and lighting, complete in place per Lump Sum Street Lighting conduit and appurtenances, complete in place per Linear Foot Reimbursement for AEP electrical transmission infrastructure costs ALLOWANCE complete in place per Lump Sum Total Bane Bid 1 - Part P m ti O m W .'1 9 m m L m Stairwell at East Retaining wall (8 -ft high), complete in place per Lump Sum Stairwell at West Retaining Wall (16 -ft high), complete in place per Lump Sum Commercial Hauler Pre - fabricated Steel Building complete in place per Lump Sum Attendant House complete in place per Lump Sum Hose Bib, stub -out and Hose Reel Assembly, complete in place per Each Guard Rails at Citizen Collection Area, including waste containment mat assemblies, complete in place per Linear Foot Total Base Bid 1 - Part G N u. a m a 0 0 (0 0 lIl 0 0 • • • PAGE 8 OF 9 8 O m m 6 el 0 0 • 2 0 O 5w z_ az �w o. f_ W 0 and Associates, Inc, 4 F • RM TECHCON CONSTRUCTION, LLC 410 S. Enterprise Parkway Corpus Christi, Texas 78405 phone: 361- 299 -1801 .4 6 F O F r H $ 244,000.00 o Ln - Ln •+ in 0 N V N 'i m M • N $ 2,005.50 $ 242,760.00 U UU IX 0. zF N o 0 y F V N N n N • HARCOM COMMERCIAL INC. 5826 Bear Lane Corpus Christi, Texas 78405 phone: 361 - 851 -1000 F $ 10,048.00 $ 258,720.00 o o us N CO U.; N O O al 0 Ul N N in N V m Z V 4 z UNIT PRICE in ry N m In 0 V N O n N 0 m 0 z 0 m 0 z LONGHORN EXCAVATORS, INC. 8653 FM 2759 Richmond, Texas 77469 phone: 281- 937 -9700 TOTAL $ 2,400.00 °0 o A M m m .v 0> 0 N 11 N r mt M (0 'tl w z° zz UNIT PRICE o b N A p N N q N N m m z m 2 CORPUS CHRISTI SHIP CHANNEL UTILITY CROSSING REVISED AND ISSUED FOR RE -BID City Project No, 7173/8429 li F U . m m m g U . N DESCRIPTION I QTY. ti 4 g m ITa Y I; Y m Y ei N a m N Y m O it Y Y 0. ra Al L 0 u 4 oo a 0 a 0 Lei M yymm N k m m ° o Structural Excavation for the cast -in -place concrete west and intermediate retaining walls and footings beginning at the south end of the commercial hauler pre- fabricated steel cover, complete in place per Cubic Yard Cast -in -place Concrete Retaining Wall and footing (West Wall) beginning at the south end of the commercial hauler pre - fabricated steel cover, complete in place per Square Foot of wall Cast -in -place Concrete Retaining Wall and footing (Intermediate Wall) beginning at the south end of the commercial hauler pre- fabricated steel cover, complete in place per Square Foot of wall Total Alternate No. 1 Part '1 y rl 1 m 4 ri a 0 '4 p Y 0 X Ili H Y 4 es et M y 0 y • Structural Excavation for the MSE west and intermediate retaining walls and footings beginning at the south end of the commercial hauler pre - fabricated steel cover, complete in place per Cubic Yard MSS Retaining Wall and footing (West Wall) beginning at the south end of the commercial hauler pre - fabricated steel cover, complete in place per Square Foot of wall S m m S PI m F F a W PAGE 9 OF 9 p m 1 • RM TECHCON CONSTRUCTION, LLC 410 S. Enterprise Parkway Corpus Christi, Texas 78405 phone: 361 - 299 -1801 o S 172,250.00 $ 417,015.50 I $ 4,973,703.52 A 0 N io N - m c N $ 5.401,860.02 $ 417,015.50 $ 5,816,875.52 UNIT PRICE O N • BARCOM COMMERCIAL INC. 5826 Bear Lane Corpus Christi, Texas 78405 phone: 361 -851 -1000 TOTAL m 0 zz -'4 m z $ 3,406,884.40 0 0 m n N VI N $ 3,862,477.40 el m z° el m z° L/1 0 m w F m LONGHORN EXCAVATORS, INC. 8653 FM 2759 Richmond, Texas 77469 phone: 281 - 937 -9700 TOTAL 0 m z b -1 m 0 $ 3,468,735.75 0 N N n .i r m N $ 3.835,907.25 T . m it. '0 w m 0 0 rc W F SL 0 m a° CORPUS CRRISTI SKIP CHANNEL UTILITY CROSSING - -- REVISED AND ISSUED FOR RR -BID City Project No, 7173/8429 F rL Fr d N DESCRIPTION MSE Retaining Wall and footing (Intermediate Wall) beginning at the south end of the commercial hauler pre - fabricated steel cover, complete in place per Square Foot of wall Total Alternate No. 1 Part II Bid Evaluation Total Base Bid 1 (Parts A+B+C +D+E +F+G) Total Alternate No. 1 (Part H) Total Base Bid 1 plus Alternate No. 1 (Parts A +B+C +D +E +F +G) Total Alternate No. 1 (Part I) Total Base Bid 1 plus Alternate No. 2 (Parts A +B +C +D +E +F +H) F F corrected • m M k L .y W u N O 14 N F Vg • A • 0 0 14 O 0 M W W u m u 0p 0 0 u w m U ui a O m a y� 0.' 4~G '0 • uy q • U 10 O • 4 N 0 • ni en V u m 0 14 CM a Q 0 ug N • O w O M V W 10 • w PI • 0 O mW • a 0 O ▪ m N u • a • 0 m 11 w 0 • • m u m • N m •4 O n k 01i M W +1 0 0 .4 w '0 0 01 0 ' 4 ▪ 0 0 .Wi 14 14 O V • V N m w 0 yco 0 0 O M 0 Y WN ,-I "4 • y u O O .i u .i w a ✓ N ▪ d O U e1 U -1 u 0 A N A 42 X k TI 0 P. .pl .i CO m a w O '00 °w w 11 N m M 0 O m PI 0 • 0 • • Citizens Collection Center and Transfer Station Project 5186 Preliminary Project Budget December 19,2006 FUNDS AVAILABLE: Public Health & Safety 2004 CIP Funds $ .449,500.00 Sanitary Landfill 2006 CIP Funds $4,295,473.25 Total $4,744,973.25 FUNDS REQUIRED: Construction Contract $3,835,907.25 Project Contingency (7 %) $ 268,510.00 QA/QC Testing Contract $ 84,056.00 Engineering Design /Permit (previously contracted) $ 390,700.00 Permitting $ 50,000.00 Geotechnical (previously contracted) $ 8,800.00 Construction Inspection $ 55,000.00 Survey (in A/E contract) $ -0- Engineering Project Liaison $ 24,000.00 Incidental Expenses (Printing, Advertising, etc.) $ 28,000.00 TOTAL $4,744,973.25 EXHIBIT "C" Page 1 of 1 H:W OME \KEVINS \GEN\ LANDFILL\ CCCTRANSFERSTATION\CONSTAWDBUDGETEXHC .DOC File: \ Mproject \councilexhibits \exh5192.dwg NUECES BAY HWY 44 AGNES CORPUS ce CHRISTI z INTERNATIONAL b AIRPORT CORPUS CHRISTI BAY DSO CREEK J.C. ELLIOTT LANDFILL F.M. 43 CITIZENS' COLLECTION CENTER AND TRANSFER STATION FM 2444 PROJECT # 5192 SITE LOCATION MAP NOT 7O SCALE EXHIBIT "D" J.C. ELLIOTT LANDFILL - CITIZENS' COLLECTION CENTER AND TRANSFER STATION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 12 -13 -2006 46 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 19, 2006 AGENDA ITEM: a. Ordinance appropriating $1,015,735.00 from the Unreserved Fund Balance in the Water Operating Fund 4010 to pay expenses incurred by San Patricio Municipal Water District related to the groundwater project and lease with Goliad Sands, Ltd. and to pay expenses related to the quality test phases of the contract with San Patricio Municipal Water District related to groundwater supply from Goliad Sands, Ltd. and changing the FY 2006 -2007 operating budget adopted by Ordinance 026908 to increase appropriations by $1,015,735.00. b. Motion authorizing the City Manager, or his designee, to enter into a contract with San Patricio Municipal Water District related to the development of groundwater supply from Goliad Sands, Ltd. ISSUE: San Patricio Municipal Water District purchases raw and treated water from the City as a wholesaler and furnishes water to Cities in the North Bay area. The District has been a City partner in the development of water resources for the Coastal Bend and is active in the Coastal Bend Regional Water Planning process as well. The San Patricio Municipal Water District has been working toward developing groundwater resources from the Gulf Coast Aquifer as an additional source of water for their system. San Patricio Municipal Water District initiated an RFP process to obtain a groundwater supply. Two proposals were received. Subsequently, San Patricio Municipal Water District have signed agreements with Goliad Sands Ltd. to pay a reservation fee of $11,200.00 to reserve 11,200 acre -ft of Gulf Coast Aquifer water in Bee County to enable studies to be conducted to determine the quantity and quality of the source. Originally, the plan for this project required the construction of a pipeline from the source of the water in Bee County to San Patricio Municipal Water District. The ability to deliver this water through the Mary Rhodes Pipeline to the ON Stevens Water Treatment Plant makes this proposal more cost effective for the region. If successful, the project will bring an additional 11,200 acre -feet of water to the region not tied to bay releases and provide an additional 8,000, acre -feet of wastewater releases to the bay's and Estuaries. The study will produce reports after Phase I (quality) and Phase II (quantity) and if the reports at the end of Phase I and Phase II are satisfactory to the City, the City has the option of continuing with the project for permitting and construction phases. The project will consist of: Attached Exhibit "A" provides greater detail. - Beginning in January approximately 30 days will be needed to update draft specifications, prepare a bid package, cost estimates, qualify bidders, bid opening, and evaluation. This will take the project to the first of February 2007. A to decision continue will be made. Drill water quality test holes at three sites, perform comprehensive water quality testing and preliminary short term pumping test. This will take the project through the end of March 2007. A decision to continue will be made. The water quality and short term pump test data will be evaluated at the end of March. After 90 days', a decision to continue or not, will be made. The estimated cost to complete this portion of the project is $734,500. Future phases (shown below) will be presented to council at a later date Phase 11 - Beginning in March 2007 and running through the first part of April 2007 drilling specifications, bidder qualification, bid opening and evaluation will take place. A decision to continue, will be made. Beginning in Mid -April and running through the first of October 2007 installation of an aquifer test well, two monitoring wells and evaluation of results will take place. After 90 days, a decision to continue, will be made. The estimated cost to complete this portion of the project is $1,100,000 Phase 111 Beginning in October 2007 work will begin on obtaining well construction and operating permit applications and if a contested case hearing is required this will be managed. With a contested hearing this process should be completed by August 2008. The estimated cost to complete this portion of the project is $300,000. This takes the project through the feasibility and permitting phases. If all decision points allow the project to go forward to this point the estimated cost are approximately: Engineering, testing and legal fees - $ 2,194,500 Goliad Sands reservation fees - $231,000 Reimbursement of SPMWD previous expenses - $700,000 Total of: $3,125,500.00 FUNDING: The total project study cost for Phase I is currently estimated to be approximately $1,015,735.00 to fund the first -year of the feasibility study which includes a payment for previous expenses and monthly water lease payments. The study will be funded through the Water Fund 4010 Unreserved Fund Balance. Funds for this project will be recovered through the Raw Water Cost Adjustment FY 2007/2008. FUTURE COUNCIL ACTION: Appropriation of approximately $1,100,000.00 of funds for Phase II and additional monthly water lease payments when the agreement is ready for the next phase. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the attached ordinance and motion. Ronald F. Massey Assistant City Manager BACKGROUND INFORMATION The strategy of developing fresh and brackish water resources from the Gulf Coast Aquifer is not new and the potential for this resource was initially studied in 1963 and again in 1979 and 1997. Gulf Coast Aquifer sources were most recently studied during the Coastal Bend Regional Water Planning process SB1 in 2000 cycle and developed further in the most recent round of planning for 2006. These later strategies called for using excess capacity in the Mary Rhodes pipeline for the conjunctive use and conveyance of groundwater from Refugio County principally from the Goliad Sands Aquifer formation and other lesser formations. In late 2000 the San Patricio Municipal Water District employed the services of Malcolm Pirnie, Inc., consulting engineers, to begin a Brackish Groundwater Study in San Patricio and Aransas Counties. This study was designed to thoroughly investigate the possibility of accessing brackish groundwater with a TDS of <10,000 mg /I. In Phase I of their study, an area near Odem and an area near Rockport were identified as having very good potential to produce the quantities of brackish water needed. When estimated capital cost for these potential projects were analyzed with the San Patricio District's rate model, this project was found to be less costly to the District rate payer than replacing the remaining deteriorated portions of the original Reynolds 24" treated water line from the City of Corpus Christi. In late 2002, San Patricio Water District managernent staff was preparing to recommend to the District Board of Directors that Phase II of the Malcolm Pirnie Brackish Groundwater Study be undertaken and that plans be made to develop these two areas near Odem and Rockport with the intention to produce a total of 4.0 MGD of potable water. Shortly thereafter two separate large landowner groups interested in leasing property for groundwater production approached the District. Capital cost and rate implication analyses placed either of these two projects potentially above the ranking of brackish groundwater as the most desirable for the District ratepayers. At this point, the District began pursuing the development of the fresh groundwater option. As of this date, the District has signed a contract with Goliad Sands Ltd. and continues to negotiate with the San Patricio County Group. Groundwater in Texas is regulated by Chapter 36 Groundwater Districts. Use of these resources would requires close cooperation by the Goliad Sands LLC, the San Patricio Municipal Water District and the City of Corpus Christi with Chapter 36 Groundwater Districts in the Upper and Central Coastal Bend areas including the Bee County Groundwater District. Recent Legislation passed in the 79th Texas Legislative Session HB 1763 requires joint planning of the use of a shared aquifer, requiring Chapter 36 Groundwater Districts to form `Groundwater Management Areas (GMA's),' and agree on a `desired future condition for the aquifer (DFC).' The DFC defines the permitting target for groundwater production and will require existing groundwater district's plans and rules to conform to the agreed upon DFC. DFC's will take into consideration issues such as, maintaining minimum depths of monitoring wells, limiting exports of groundwater outside of the district, prevention of saltwater intrusion, and preservation of spring flows in the GMA to name a few. Joint modeling efforts are also under way to determine the quantity of water available in the Groundwater Management Areas. The modeling efforts are currently in their infancy for this part of Texas and aren't expected to provide meaningful results for 5 to 10 years. The GMA's created by the legislature in the Gulf Coast and South Texas encompass two planning areas GMA 15 and 16. The GMA Boundaries for GMA 15 and 16 are currently under dispute and the matter is dependent in large part on a decision by the City of Corpus Christi. The decision by the City to sign the agreement for the boundary change may determine whether the Bee County Water Project will fall into GMA 15 or 16. The Bee County Water project currently resides in GMA 16. Bee County Groundwater Project O P:\1505058 - Lease Review\Groundwater Contract\Tasks and Cost Estimated (a) Bee County Groundwater Project 1 P:11505058 - Lease Review \Groundwater ContractlTasks and Cost EstimateQ(a) g . .. _.. . . . .. \ . - «� � } p.. \ {. }� a 4. � < r \ ( \ _ \ { ; \ ± © 2 % ; . . .. .\ ... . .. . ... -& Extern: :aunty Groun d Permitting, (PRELIM" \ } Task Name I Duration 1 Stan Finish ad Phew Services- Groundwater Exploration 30 days Mon 11 /27/08 Fri 1/5/07 _ _.. Review Coat 6Bmale Revbw and Approval by the City and Vie OWNd S days 1 Mon 1/8/07 Fri 1/12/07 Receive NIP _.__.___.. l day, Fri t /121OTFri 1/12/07 Water Quality Test at 3 sites 45 tleys, Fn 1112(07 Thu 115ro] _. and DAIS Review; 5ubmilBm M pe a FeG for Teal Well SEeys; Fri 3/16/07 Thu 3122107 Receive NTP - 1 nay' Thu 3/22/0 Thu 3/22407 BM Phase Services- Test WelllnslSlaton - - 30 days y Thu3rz107 Wed 512147 Cost Qsdmale Review and Approval 5 days ' Thu 5107 Wed 519107 fleceive MP Iday: wed 49/07 Wed 5/9/07 Instal Test Well and Cmducl Aguilar Teel 100 days Wed 5/W07 Tue W25/07I Data Renew - 5 clays Wed 9/26/07 Tue 10/2107 Supply Wall Penalising - CONTESTED 260 days Wed 10/3/07 Tue 9/30/081 Submit Scope and Fee for Design, Bid and Construction 10 days Wed 10/1)08 Tue 10/14/08 flaWewHCost Estimates 20 tlays'; Wed 10/15N0 Tue 11/1 1/013 _.. __.. Obtain Permit and Revalue MPlor Design, Sid and construction 1 day ( Tue 11/11/09 Tue 11411/08 ... Package 60.1. PIpolines 421 days Tue 11/11/00 - Tue sn2na PER and Syriac° Use Plan - _. l 15 tlays� Tue 11/11109 Mon 12/1I08 • Field ork - 88 aays. Tue 121800 Thu 4/2/09 • Design PM1ase 86 days 1 Fri 4/3/09 Tue014 /09 _.. _. Bid Phase _. _..._ 30 days Wed 0//409 Tue 91t4. 09� _. _.. Construction Phase 200 Cats Wed 2/10'09 Tue 2/21101 .__e _._. _... 1 Package No. 2• Tanks and Pumps 408 days. Tue 11111NB Thu 613I10i PER - 15 days' Tue 11/11/08 Mon 12/1/08 Feld Work _. _... _.._ ... _ 15 days: Tue 12n109 Mon 12/22/00 Design Phase - 80 days; Tue 12/23/08 Thu 4/23/09 • &d Phase 30 days/ Fri 424/09 Thu 6/4/09 Construction Phase - - 260 days] Fri 65/09 Thu 65 /10 Package No. Wells 399 days Tue I1n1103 FB 5121110 Field Work _.. _ . 25 days Tue 11111 /0/8 MOn 12/15100 design Phase - 44 days Tue 12/1 &08 Fri 2/13/091 Bid Phase - 30 days Mon 2/16/09 - Fri 3/27/091 Cenatructinn Phew, awn wee elms dranaruaelvt . ! ). Page 1 of 2 AN ORDINANCE APPROPRIATING $1,015,735.00 FROM THE UNRESERVED FUND BALANCE IN THE WATER OPERATING FUND 4010 TO PAY EXPENSES INCURRED BY SAN PATRICIO MUNICIPAL WATER DISTRICT RELATED TO THE GROUNDWATER PROJECT AND LEASE WITH GOLIAD SANDS, LTD. AND TO PAY EXPENSES RELATED TO THE QUALITY TEST PHASES OF THE CONTRACT WITH SAN PATRICIO MUNICIPAL WATER DISTRICT RELATED TO GROUNDWATER SUPPLY FROM GOLIAD SANDS, LTD. AND CHANGING THE FY 2006 -2007 OPERATING BUDGET ADOPTED BY ORDINANCE 026908 TO INCREASE APPROPRIATIONS BY $1,015,735.00. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,015,735.00 is appropriated from the Unreserved Fund Balance in the Water Operating Fund 4010 to pay expenses incurred by San Patricio Municipal Water District related to the groundwater project and lease with Goliad Sands, Ltd. and to pay expenses related to the quality test phases of the Contract with San Patricio Municipal Water District related to groundwater supply from Goliad Sands, Ltd. SECTION 2. That FY 2006 -2007 Operating Budget adopted by Ordinance 026980 is changed by increasing appropriations by $1,015,735.00. H\ LEG- DIR\Shared\GaryS\agenda \2005\12- 19 \ORDappropSan PatUtil -W ater.doc 47 CITY COUNCIL AGENDA MEMORANDUM Council Action Date: December 19, 2006 AGENDA ITEM: A. Approving a resolution adopting the City of Corpus Christi Chapter 380 Economic Development Program Policies and Procedures B. Authorizing the City Manager or his designee to execute a Chapter 380 Agreement for Economic Development Incentives with Sam Kane Beef Processors, Inc. ISSUE: Providing the City of Corpus Christi (City) an additional economic development tool to enhance the City's economic base, stimulating business and commercial activity, and retention of 800 jobs at Sam Kane Beef Processors, Inc. REQUIRED COUNCIL ACTION: Approval of the City's Chapter 380 Economic Development Program policies and procedures, and authorizing the City Manager or his designee to execute a Chapter 380 Agreement with Sam Kane Beef Processors, Inc. CONCLUSION AND RECOMMENDATION: City staff recommends approval of the Chapter 380 Program policies and procedures, and authorizing the City Manager to execute the aforementioned Chapter 380 Agreement with Sam Kane Beef Processors, Inc. Irma Caballero, Director Economic Development BACKGROUND INFORMATION Chapter 380 is a reference to Chapter 380 of the Texas Local Government Code. This chapter authorizes Texas municipalities to provide assistance for economic development. Cities may provide monies, loans, City personnel, and City services for the promotion and encouragement of economic development. Chapter 380 programs must serve a public purpose in an effort to sustain, develop and expand the local economy by promoting and encouraging development and redevelopment projects that enhance the City's economic base, and diversify, expand and retain job opportunities or by promoting and encouraging projects that create additional revenue for the City. A Chapter 380 Agreement with Sam Kane Beef Processors, Inc. is proposed to support the retention of 800 jobs at the facility. The Agreement establishes the program in exchange for incentives, provides for improvement conditions and requirements, establishes the incentive, providing for breach and recapture, effect of sale or lease of the property, and indemnification. The program established through this agreement will provide for a revised City billing structure for a 12 -month period commencing on the Agreement's effective date and ending on December 31, 2007. Repayment of any agreed upon utility billing modification will be payable to the City in 24 equal monthly installments beginning January 15, 2008 and each month thereafter until paid in full, bearing interest at the rate of 5.25% per annum with payments credited first to accrued interest and the balance paid to principal. CHAPTER 380 ECONOMIC DEVELOPMENT PROGRAM POLICIES AND PROCEDURES General Statement of Purpose and Policy The City of Corpus Christi is committed to the promotion of high quality development in all parts of the City and to an ongoing improvement in the quality of life for its citizens. The City of Corpus Christi has previously developed economic development programs and incentives designed to encourage high quality business, commercial, and manufacturing concerns to locate, remain, and expand in the City of Corpus Christi. Now the City of Corpus Christi seeks to enhance its economic development efforts to attract and retain high quality development and jobs by establishing these Chapter 380 Economic Development Program Policies and Procedures. These Policies and Procedures are established in an effort to sustain, develop and expand the local economy by promoting and encouraging development and redevelopment projects that enhance the City's economic base, and diversify, expand, and retain job opportunities or by promoting and encouraging projects that create additional revenue for the City. The ultimate goal and public purpose of programs established hereunder is to protect and enhance the City's fiscal ability to provide high quality municipal services for the safety, comfort and enjoyment of Corpus Christi residents. In furtherance of these objectives, the City of Corpus Christi will, on an individual merit basis, give consideration to providing economic incentives to an applicant in accordance with these Policies and Procedures as authorized by Chapter 380 of the Texas Local Government Code, as amended from time to time. Nothing in this document is intended to imply or suggest that the City of Corpus Christi is under any obligation to provide economic incentives to any applicant. Each applicant will be evaluated on the basis of its individual merits. The decision to approve or deny economic incentives shall be at the discretion of the City Council. Each applicant granted economic incentives as a Chapter 380 Economic Development Program (also referred to as Program) under these Policies and Procedures must enter into an agreement with the City of Corpus Christi containing all terms required by these Policies and Procedures and by state law to protect the public interest of receiving a public benefit in exchange for public funds, assets and services invested to stimulate economic development in Corpus Christi. H: LegDir \gws\EcoDev1380 \Policy061205 Page 3 of 6 11. Program Requirements A. To be considered for incentives as a Chapter 380 Economic Development Program under these Policies and Procedures, a project must at least meet the following minimum requirements: 1. Either the project a. will result in a minimum increased taxable value for the City of $25,000,000 in real and business personal property (excluding inventory and supplies); or b. will result in the retention of at least 500 full -time permanent jobs and each job shall pay at least a "living wage." For the purposes of this Program "living wage" shall mean that annual amount determined by the U. S. Department of Health and Human Services for the Corpus Christi area as being at the poverty level for a family of three, divided by 2,080 hours per year; and 2. In addition, the project a. will make a unique or unequaled contribution to development or redevelopment efforts in the City of Corpus Christi, due to its magnitude, significance to the community or aesthetic quality; or b. will enhance the City's fiscal ability to provide high quality municipal services for the safety, comfort and enjoyment of Corpus Christi residents. B. A project shall not be eligible for incentives under these Policies and Procedures if a building permit has been issued for the project prior to making application in accordance with these Policies and Procedures, except a project providing job retention as set forth in 1. b. above. C. Incentives provided in accordance with these Policies and Procedures will be provided only to the extent that the revenue realized by the City and attributable to a project exceeds a minimum amount established by the Agreement. The public benefit or amount of revenue realized by the City and attributable to the project must be commensurate with value of any incentives granted under this Program. H: LegDir \gws\EcoDev13801Po licy061205 Page 4 of 6 ul. Additional Considerations Additional factors to be considered by the City Council in determining whether to authorize an Agreement for incentives as a Chapter 380 Economic Development Program (Program) are: A. the number and types of jobs to be created or retained; B. the financial capacity of the applicant to undertake and complete the proposed program; C. other incentive programs for which the applicant has applied or is qualified; D. the market conditions and growth potential for the business activity, and E. any other factors the City Council finds helpful and relevant to accomplishing the City's economic development objectives. IV. Application Process A. An application for consideration as a Program shall be made on forms supplied by the City. An applicant may be required to provide additional information to show compliance with minimum Program requirements. If City staff determines minimum Program requirements have been met, City staff shall prepare and present a proposed Agreement with the applicant to the City Council. B. The City Council may consider the proposed Agreement and may take action on the proposal as it deems appropriate. Nothing in these Policies and Procedures and nothing in the application form and process shall create any property, contract, or other legal right in any person to have the City Council consider or grant incentives. V. Agreement Terms An Agreement established for a Program must include: A. a timetable and list of the kind of improvements, development, or activities that the Program will include, and conditions to assure that the Program meets or exceeds the City's requirements pertaining to property values, revenues, and /or job retention, which in no event shall be less than the minimum Program requirements established in Paragraph II above; H: LegDir \gws \EcoDev \380\Policy061205 Page 5 of 6 B. a complete description of the location of the proposed Program or projects included in the Program; C. a timetable and list of the kind and amount of property values, revenues, incomes or other public benefits that the proposed Program will provide; D. a provision establishing the duration the Agreement; E. a provision identifying the method for calculating and source of funding for any grant, loan or other incentives provided in the Agreement; F. a provision providing a tangible means for measuring whether the applicant and other responsible parties have met their obligations under the Agreement; G. a provision providing for access to and authorizing inspection of the property and applicant's pertinent business records by municipal employees in order to determine compliance with the Agreement; H. a provision for cancellation of the Agreement and /or nonpayment of incentives if the Program is determined to not be in compliance with the Agreement; a provision for recapturing City funds granted or loaned, or for recapturing the value of other public assets granted or loaned, if the applicant does not meet its duties and obligations under the terms of the Agreement; J. a provision that allows assignment of the Agreement with prior written approval of the City Council provided that: 1. all rights, duties, obligations and liabilities under the Agreement are assigned from the assignor to the assignee; and 2. the assignment is made subject and subordinate to the Agreement and the Chapter 380 Economic Development Program Policies and Procedures; and 3. the assignment document is in a form and contains content acceptable to the City Attorney's Office; K. provisions relating to administration, delinquent taxes, reporting requirements and indemnification; L. a provision that the Agreement may be amended by the parties to the Agreement by using the same procedure for approval as is required for entering into the Agreement; and M. such other provisions as the City Council shall deem appropriate. H:LegDir \gwslEcoDev \3 80 \Pol icy061205 Page 6 of 6 A RESOLUTION APPROVING THE CITY OF CORPUS CHRISTI CHAPTER 380 ECONOMIC DEVELOPMENT PROGRAM POLICIES AND PROCEDURES WHEREAS, Texas Local Government Code allows the City Council to establish and provide for one or more programs, including programs for making loans and grants of public money and providing personnel and services of the municipality, to promote state or local economic development and to stimulate business and commercial activity in the municipality; WHEREAS, the Chapter 380 Economic Development Program is intended to develop and expand the local economy by promoting and encouraging development and redevelopment projects that enhance the City's economic base and that may also diversify and expand job opportunities; and WHEREAS, City Council finds that it is in the public interest and welfare to adopt a Chapter 380 Economic Development Program Policies and Procedures; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Council hereby adopts and approves the City of Corpus Christi Chapter 380 Economic Development Program Policies and Procedures. Section 2. A substantial copy of the Chapter 380 Economic Development Program Policies and Procedures is attached hereto and incorporated herein for all intents and purposes. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett Assistant Secretary Mayor, City of Corpus Christi Approved as to form: December 13, 2006. ry w. Smith Assistant City Attorney For the City Attorney H:LegDir \gws\EcoDev \380 \PoI icy061205 Page 1 of 6 Corpus Christi, Texas of 2006 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:LegDirlgws\EcoDevl3 801Policy061205 Page 2 of 6 THE STATE OF TEXAS § CHAPTER 380 AGREEMENT § FOR ECONOMIC DEVELOPMENT COUNTY OF NUECES § INCENTIVES THIS AGREEMENT is executed by and between SAM KANE BEEF PROCESSORS, INC., a Texas corporation, (hereafter referred to as "OWNER "), and the CITY OF CORPUS CHRISTI, TEXAS, a home -rule city and municipal corporation of Nueces County, Texas, acting by and through its City Manager or his designee, (hereafter referred to as "CITY "). W I T N E S S E T H: WHEREAS, CITY has found that providing a program of incentives to OWNER in exchange for OWNER'S completion of the program proposed by OWNER would promote local economic development and stimulate business and commercial activity and create or retain jobs within the City of Corpus Christi (hereafter referred to as "PROGRAM "); and WHEREAS, CITY has determined that the PROGRAM will directly establish a public purpose and that all transactions involving the use of public funds and resources in the establishment and administration of the PROGRAM contain controls likely to ensure that the public purpose is accomplished; and WHEREAS, Chapter 380 of the Local Government Code provides statutory authority for establishing and administering the incentive provided herein; NOW THEREFORE, The CITY and OWNER, for and in consideration of the mutual covenants and promises contained herein, do hereby agree, covenant and contract as set forth below: I. Definitions A. "Base Year Value" is defined as the tax year 2007 taxable value of real property and improvements located on the Premises in Corpus Christi, Texas on January 1, 2007. B. "Eligible Property" is defined as Real Property Improvements made for office space, meat packing, warehouse, manufacturing or distribution use as described in the attached Exhibits, owned and /or leased after the Effective Date of this Agreement. D. "Job" means a permanent, full -time employment position that has provided or will result in employment of at least 2,080 hours per position in a year. Each job shall pay a living wage, which shall mean that annual amount determined by the U. S. Department of Health and Human Services for the Corpus Christi area as being at the poverty level for a family of three, divided by 2,080 hours per year. Part -time positions shall not be included in this definition. E. "Personal Property Improvements" are defined as tangible personal property (except inventory or supplies) delivered to, installed or located on the Premises. F. "Premises" are defined as the real property (land and improvements) as such existed on January 1, 2007, and as described in the attached Exhibits, which are incorporated herein by reference and made a part hereof as if written word for word. G. "Real Property Improvements" are defined as improvements to the Premises and shall include buildings, structures or fixtures erected or affixed to land. II. General Provisions A. The Premises are not in an improvement project financed by tax increment bonds. B. The Premises are not owned or leased by any member of the City Council. III. Improvement Conditions and Requirements In order to receive and keep the incentives and benefits described in this Agreement, the following must occur: A. OWNER shall retain 800 jobs in accordance with the Program described in the attached Exhibits in accordance with this Agreement. The attached Exhibits are incorporated herein by reference and made a part hereof as if written word for word. B. OWNER'S completion of the Program described in the attached Exhibits of this Agreement not later than December 31, 2007 and the result must be at least 800 jobs retained at all times during the term of this agreement. H: Leg Dir\gws \EcoDev\380 \380agreement Page 2 of 10 C. OWNER shall operate and maintain on the Premises the Eligible Property described in the attached Exhibits for the term of this agreement. D. OWNER shall timely pay all current utility billings and timely repay all deferred utility billings owed to the CITY. E. All proposed Eligible Property and future development shall conform to the applicable building codes, zoning ordinances and all other ordinances and regulations. IV. Incentives In exchange for OWNER'S promise to complete the Program, as set forth in the attached Exhibits, in accordance with this Agreement, CITY shall, as an incentive, defer the billing of eighty percent (80%) of Owner's utility billings beginning on the effective date of this agreement through December 31, 2007. Such deferred utility billings shall be payable by Owner to City at 1201 Leopard Street, P. O. Box 9277, Corpus Christi, Texas, in twenty -four (24) equal installments beginning January 15, 2008, and continuing on the same day of each month, until paid in full, bearing interest at the rate of 5.25% per annum, payments credited first to accrued interest, balance to principal. V. Breach and Recapture A. Breach - A breach of this Agreement may result in termination or modification of this Agreement and discontinuance of the incentive and immediate payment of all deferred utility billings, bearing interest as set forth in IV. Incentives, above. Funds subject to repayment shall become due sixty (60) days following notice of breach and after the expiration of any cure period as provided in Section V(B). Penalty and interest on repaid funds will be charged at the above rate after opportunity to cure as provided in Section V(B). The following conditions shall constitute a breach of this Agreement: 1. OWNER terminates the use of the Premises for meat packing and related activities as described in its application as shown in the attached Exhibits, which is attached hereto and incorporated by reference as if set out word for word herein, and fails to retain at least 800 jobs at any time during the term of the Agreement; or H: LegD it \gws \EcoDev \3801380agreement Page 3 of 10 2. OWNER fails to meet the Grant Conditions and Requirements as specified in Section III A., B., C. and D. and Section IV above; or 3. OWNER allows its ad valorem taxes owed to CITY on any property located within the City of Corpus Christi to become delinquent; or 4. OWNER seeks to reduce the taxable value of the Premises to an amount below the Base Year Value; or 5. OWNER allows its current utility billings or the deferred utility billings repayment owed to CITY to become delinquent. B. Notice of Breach - In the event that CITY makes a reasonable determination that OWNER has breached this Agreement, then CITY shall give OWNER written notice of such default. OWNER has sixty (60) days following receipt of said written notice to reasonably cure such breach, or this Agreement may be terminated by CITY, and recapture of deferred utility billings may occur. Notice of default shall be in writing and shall be delivered by personal delivery or certified mail to OWNER at its address provided in Section VII of this Agreement. It shall be the duty of CITY to determine whether to require repayment of deferred utility billings and to demand payment of such. C. Recapture - During the term of this Agreement, should OWNER commit a breach of this Agreement according to items A(1), (2) (3) or (4) of this Section V, CITY may terminate this Agreement and recapture all incentive monies under this Agreement up to the time of breach. D. Lien - OWNER shall grant a lien in favor of CITY in the anticipated amount of deferred utilities. OWNER shall execute all documents necessary to evidence and effect the lien. VI. Effect of Sale or Lease of Property The incentive given by this Agreement shall not be assignable to any new owner or lessee of all or a portion of the Premises or Eligible Properties unless such assignment is approved in writing by the City Council, which shall be at the sole discretion of the City Council. If all or part of the Eligible Property is sold, City Council has the sole discretion to discontinue deferral of utility billings and to require all previously deferred utility billings be paid immediately. H: LegOi r\gws\EcoDev\380 \38oagreement Page4of10 VII. Notice All notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail postage prepaid or by hand delivery: OWNER: Sam Kane Beef Processors, Inc. 9001 Leopard Street Corpus Christi, Texas 78410 CITY: City of Corpus Christi City Manager's Office 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78401 VIII. City Council Authorization This Agreement was authorized by resolution of the City Council authorizing the City Manager or his designee to execute this Chapter 380 Agreement for Economic Development Incentives on behalf of the CITY. IX. Severability In the event any section, subsection, paragraph, sentence, phrase or word is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. X. Estoppel Certificate Any party hereto may request an estoppel certificate from another party hereto, so long as the certificate is requested in connection with a bona fide business purpose. The certificate, which if requested, will be addressed to a subsequent purchaser or assignee of OWNER, shall include, but not necessarily be limited to, statements that this Agreement is in full force and effect without default (or if default exists the nature of same), the remaining term of this Agreement, the levels and remaining term of the H: LegD i r\gws \EcoDev \380\380agreement Page 5 of 10 incentives in effect and such other matters reasonably requested by the party(ies) to receive the certificates. XI. Owner's Standing OWNER, as a party to this Agreement, shall be deemed a proper and necessary party in any litigation questioning or challenging the validity of this Agreement or any of the underlying ordinances, resolutions or City Council actions authorizing same, and OWNER shall be entitled to intervene in said litigation. XII. Applicable Law This Agreement shall be construed under the laws of the State of Texas. Venue for any action under this Agreement shall be the State's District Court of Nueces County, Texas. This Agreement is performable in Nueces County, Texas. XIII. Indemnification It is understood and agreed between the parties that the OWNER, in performing its obligations hereunder, is acting independently, and CITY assumes no responsibility or liability to third parties in connection therewith, and OWNER agrees to indemnify and hold harmless CITY from any claims, damages, verdicts or judgments arising out of actions or omissions by OWNER or caused by OWNER in breach of this agreement. XIV. Force Majeure It is expressly understood and agreed by the parties to this Agreement that the parties shall not be found in default of this Agreement if any party's failure to meet the requirements of this Agreement is delayed by reason of war, Act of God, fire or other casualty of a similar nature. XV. No Other Agreement This Agreement embodies all of the agreements of the parties relating to its subject matter as specifically set out herein, supersedes all prior understandings and agreements regarding such subject matter, and may be amended, modified or supplemented only by an instrument or instruments in writing executed by the parties. H: LegDir lgws \EcoDev13801380agreement Page 6 of 10 xvI. Signatories This Agreement is effective and binding on those parties that have duly signed below. XVII. Headings The headings of this Agreement are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. XVIII. Successors and Assigns The parties to this Agreement each bind themselves and their successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement. No successor, executor, administrator or assign is valid in the place of the parties to this Agreement without the written consent of City Council and such consent shall not be unreasonably withheld, provided however, the procedures set out in Section VI, Effect of Sale or Lease of Property, is binding for the assignment situation specifically described in Section VI. xIx. Execution of Agreement This Agreement must be executed within sixty (60) days after the date this Agreement is authorized by the City of Corpus Christi City Council and presented to OWNER for signature. This Agreement has been authorized by City Council on , 2006. XX. Termination This Agreement shall terminate in accordance with the terms of this Agreement unless extended by written agreement of the parties or a written instrument signed by all parties evidencing a delay by force majeure. H: Leg Dir\gws \EcoDev \380\380agreement Page 7 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of , 2006. WITNESS: SAM KANE BEEF PROCESSORS, INC. BY Signature Typed or Printed Name Typed or Printed Title CITY OF CORPUS CHRISTI, TEXAS BY GEORGE K. NOE City Manager ATTEST: ARMANDO CHAPA City Secretary APPROVED AS TO FORM: Mary Kay Fischer, City Attorney BY Gary W. Smith Assistant City Attorney H : Leg D i r \gwslEcoDev1380 \380agreement Page 8 of 10 THE STATE OF TEXAS § OWNER § COUNTY OF NUECES § Acknowledgment BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared , who is known to me or who was proved to me on the oath of (name of person identifying the acknowledging person) or who was proved to me through (description of identity card or other document issued by the federal or state government containing the picture and signature of the acknowledging person) to be the person whose name is subscribed to the forgoing instrument, and acknowledged to me that he /she executed same for and as the act and deed of OWNER, and for the purposes and consideration therein expressed, and in the capacity therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 2006. Notary Public in and for The State of Texas My Commission Expires Notary's Printed Name THE STATE OF TEXAS § CITY OF CORPUS CHRISTI, TEXAS § Acknowledgment COUNTY OF NUECES § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared GEORGE K. NOE, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed same for and as the act and deed of the CITY OF CORPUS CHRISTI, a municipal corporation of Nueces County, Texas, and as the City Manager thereof, and for the purposes and consideration therein expressed, and in the capacity therein expressed. Notary Public in and for The State of Texas My Commission Expires Notary's Printed Name H: LegDi r\gws\EcoDev1380 \380agreement Page 9 of 10 Exhibits rCity of i Corpus Christi APPLICATION FOR INCENTIVES Applicant Information Items 1, 2, 3 and 4 must be completed by all applicants. 1. Beneficiary oflncentives Property Owner , Business Owner , Leaseholder (check all that apply) Mailing address Telephone Fax Cell Phone Email 2. Contact Information Title Mailing address Telephone Fax Cell Phone Email Relationship to Beneficiary: Same as above Authorized Representative 3. Property address 4. Property legal description (metes & bounds) For a Proiect/Program involving a minimum increased value for City of $25,000,000 in real and business personal property (excluding inventory and supplies) complete items 5, 6, 7, 8, 9, 10, 11 and 12 below. 5. Attach a complete description of the project including: A. Method of financing B. Primary business activity at this site C. Complete description of all land uses D. Time schedule for completion of improvements E. NAICS Industry Code F. Descriptive list of improvements 1. Size sq. ft. 2. Cost of construction $ 3. Value of Personal Property a. Inventory $ What percent is eligible for Freeport Exemption (exported from Texas within 175 days) b. Equipment, machinery, furnishings, etc. $ G. What taxable sales will be generated at this location $ per year 6. These documents must be submitted prior to the City staff's review of the application: • Property tax statement from the County Tax Office • Plat /map of project location 7. Level of abatement requested % Years on _ Real Property or Business Personal Property 8. Estimated taxable value of property improvements: Real Personal Estimated taxable value is the value of the improvements on January 1 of the year after the improvements are made. 9. Infrastructure improvements /modifications sought: 10. Will application be made to Nueces County? Yes No 11. On an attachment, describe why incentives are necessary for the success of this project and, how the improvements will benefit the property at the conclusion of the incentives (Including any documentation necessary to substantiate your request and if any other locations are under consideration). For a project/program that will result in the retention of at least 500 full -time permanent jobs and each job shall pay at least a "living wage", complete items 12 and 13 below. 12. Describe, in detail, all other incentives sought from the City -other economic incentives, fee waivers, fast -track plans review, etc. I am requesting the City of Corpus Christi defer the billing of eighty percent (80 %) of my utility billings beginning on the effective date of a Chapter 380 Agreement for Economic Development Incentives through December 31, 2007. I agree to pay the deferred utility billings to the City of Corpus Christi in twenty -four (24) equal installments beginning January 15, 2008, and continuing on the same day of each month, until paid in full, bearing interest at the rate of 5.25% per annum, payments credited first to accrued interest, balance to principal. I further agree to timely pay all current utility billings and deferred utility billings and comply with the terms and provisions of a Chapter 380 Agreement for Economic Development Incentives. This incentive described above is being requested from the City of Corpus Christi so that I can retain the 800 jobs identified below. 13. Job Creation & Retention: Number of Full Time Equivalent Jobs Avg. Annual, Monthly or Hourly Wage Benefits Provided # of Positions Created # of Positions Retained Executive Professional Managerial Administrative General Labor Other Total I certify that the information contained herein is true and correct. Name Title (Must be signed by a corporate officer With signature authority) Date This application must be completed and returned for consideration prior to the submission of an application for a building permit or the issuance of a certificate of occupancy, whichever comes first. Upon receipt of this application, the City of Corpus Christi shall require such financial and other information as may be deemed appropriate for evaluating the financial capacity and other factors of the applicant. An electronic copy of this application is available. For more information, please call (361) 826 -3850. Completed requests should be submitted to: Director of Economic Development City of Corpus Christi PO Box 9277 Corpus Christi, Texas 78469-9277 MINS 41 saw So City of Corpus Christi