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Home My WebLink AboutAgenda Packet City Council - 06/10/200811:45 A.M. - Proclamation declaring the week of June 7 —14, 2008 as "National NeighborWorks Week ". Goodwill Ambassador Certificates: "People to People Student Ambassador Program ". Recognition of Corpus Christi Police Athletic League (CCPAL) participants attending the Youth Leadership Conference in Cincinnati, Ohio, June 16 -18, 2008. AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JUNE 10, 2008 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 tree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudade. 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 Pastor David Lewis, Bayshore Bible Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem John Marez Council Members: Melody Cooper City Manager George K. Noe Larry Elizondo, Sr. City Attorney Mary Kay Fischer Mike Hummell City Secretary Armando Chapa Bill Kelly Priscilla G. Leal Michael McCutchon Nelda Martinez E. MINUTES: 1. Approval of Regular Meetings of May 20, 2008, May 27, 2008 and Special Meeting of June 1, 2008. (Attachment # 1) Agenda Regular Council Meeting June 10, 2008 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CITY MANAGER'S REPORT Upcoming Items I. CONSENT AGENDA Notice to the Public The following items are ofa 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 the purchase of five (5) heavy trucks from Grande Truck Center, of San Antonio, Texas, based on low bid, in accordance with Bid Invitation No. BI- 0156 -08 for a total amount of $405,602. The vehicles will be used by the Gas and the Solid Waste Departments. All five units are replacements to the fleet. Funding is available in the Public Health & Safety 2008 Tax Notes Capital Improvement Project (CIP) Fund and the Maintenance Services Fund. (Attachment # 2) Agenda Regular Council Meeting June 10, 2008 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Motion approving a Service agreement with R & R Delivery Service, of Corpus Christi, Texas for meal delivery service consisting of the delivery of approximately 133,000 meals for the Elderly Nutrition Program, Adult Protective and Title XX Meals on Wheels, in accordance with Bid Invitation No. BI- 0136 -08 based on low bid for an estimated annual expenditure of $171,570, of which $28,595 is required in FY 2007 -2008. The term of the agreement will be for twelve months with options to extend for up to two additional twelve -month periods, subject to the approval of the contractor and the City Manager, or his designee. Funds have been budgeted by the Senior Community Services Division of the Parks and Recreation Department in FY 2007 -2008. (Attachment # 3) 4. Motion approving the purchase of 120 tasers, and 2,100 taser cartridges from GT Distributors, of Austin, Texas, based on sole source for a total expenditure of $166,972.20. The equipment will be used by the Police Department. Funds are available through the Crime Control Fund. (Attachment # 4) 5. Motion approving a supply agreement with 00 Patch Petroleum, Inc., of Corpus Christi, Texas for lubricating oils, greases and antifreeze in accordance with Bid Invitation No. BI- 0138 -08 based on low total bid for an estimated annual expenditure of $181,213.20, of which $30,202.20 is required in FY 2007 -2008. The term of the agreement will be for twelve months with options 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 in FY 2007 -2008. (Attachment # 5) 6. Motion approving a supply agreement with Morrison Supply Co., of San Antonio, Texas for approximately 6,495 pipe repair clamps and couplings ranging in size from 2 inches to 30 inches in accordance with Bid Invitation No. BI- 0120 -08 based on low bid and low bid meeting specifications for an estimated annual expenditure of $336,931.87 of which $56,155.32 is budgeted in FY 2007 -2008. The term of the contract is for twelve months with options to extend for up to two additional twelve -month periods, subject to the approval of the contractor and the City Manager, or his designee. These items are purchased into Warehouse Inventory and charged out to the Water and Wastewater Departments. (Attachment # 6) Agenda Regular Council Meeting June 10, 2008 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7. Ordinance appropriating $16,997.29 into the Library Capital Improvement Program (CIP) Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $9,946.69 from unappropriated interest earnings from the Library CIP Fund No. 3210 and $7,050.60 from royalties from oil, gas and mineral interests bequeathed to the City from the Estate of William T. Neyland; changing FY 2007 -2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $16,997.29. (Attachment # 7) 8. Ordinance authorizing the City Manager or his designee to execute a Use Permit with the Special Olympics, Inc. for the use of the Memorial Coliseum parking lots from July 22, 2008 through July 28, 2008 for the 2008 Bay Ball Ballyhoop. (Attachment # 8) 9. Motion approving the application from Special Olympics Texas to temporarily close Park Avenue from northbound Shoreline Boulevard to southbound Shoreline Boulevard for the "19th Annual Pepsi Bay Ball Ballyhoop," beginning at 7:00 a.m. on July 26, 2008 through 8:00 p.m. on July 27, 2008. (Attachment # 9) 10. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for youth recreation programs. (Attachment # 10) 11.a. Motion authorizing the City Manager or his designee to execute a construction contract with SER Construction, of Pasadena, Texas, in the amount of $861,493.20 for the Wood River Lift Station Upgrades for Total Base Bid "A ". (Attachment # 11) 11.b. Motion authorizing the City Manager or his designee to execute a construction contract with Big State Excavation of Corpus Christi, Texas, in the amount of $1,372,420 for the Wood River Lift Station Force Main Extension for -Total Base Bid "8". (Attachment # 11) 12. Motion authorizing the City Manager or his designee to execute Change Order No. 11 with Ramos Industries, Inc., of Pasadena, Texas, in the amount of $393,450.15 for the Master Channel 27 Improvements project for U. S. Army Corps of Engineers (USAGE) mitigation work. (Attachment # 12) Agenda Regular Council Meeting June 10, 2008 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 13.a. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, LP, of Corpus Christi, Texas in the amount of $72,965 for a revised fee of $120,200 for the Street Overlays Cluster 1 Project. (Attachment # 13) 13.b. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with LNV Engineering, of Corpus Christi, Texas in the amount of $70,660 for a revised fee of $115,610 for the Street Overlays Cluster 2 Project. (Attachment # 13) 13.c. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with RVE, Inc., of Corpus Christi, Texas in the amount of $52,890 for a revised fee of $97,530 for the Street Overlays Cluster 3 Project. (Attachment # 13) 14.a. Motion to ratify payments to Kuhn Crane Co., of Corpus Christi, Texas in the amount of $106,920 for rental of protective mats to support temporary leachate storage tanks at Cefe Valenzuela Landfill. (Attachment # 14) 14.b. Motion to ratify payments to Rain for Rent, of Corpus Christi, Texas in the amount of $58,465.30 for rental of temporary leachate storage tanks and accessories at Cefe Valenzuela Landfill. (Attachment # 14) 15. Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract and a Utility/Temporary Construction Easement with the property owner, Alty Enterprises, Inc., in the total amount of $254,066 for fee simple property rights to a 1.740 -acre tract of land known as Parcel 12A and for a 0.212 -acre Utility Easement and 0.705 -acre Temporary Construction Easement collectively known as Parcel 12B, plus $2,200 in estimated closing costs; all out of Lot 7, Section 20, Flour Bluff & Encinal Farm & Garden Tracts, located on Saratoga Boulevard, west of Rodd Field Road; necessary for the Master Channel 27 Drainage Improvement Project and for other related public purposes. (Attachment # 15) Agenda Regular Council Meeting June 10, 2008 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 16. Ordinance abandoning and vacating a 124.36- square foot portion of a 7.5 -foot wide utility easement out of the Bent Tree Subdivision, Block 2, Lot 15, adjacent to Bretshire Drive and approximately 153 -feet south of the Raven Hill Road and Bretshire Drive intersection; requiring the owners, Roy Hranicky and Ruby Lou Hranicky, to comply with the specified conditions. (Attachment # 16) J. PUBLIC HEARINGS: 17. Public hearing on the FY 2008 -2009 Budget adopted by the Corpus Christi Crime Control and Prevention District Board of Directors. (Attachment # 17) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 18. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with MEI Maverick Engineering, Inc. in the amount of $1,970,108 for a total restated fee not to exceed $2,719,329 for the North Port Avenue Project from IH -37 to US 181. (BOND ISSUE 2004) (Attachment # 18) L. SPECIAL BUDGET PRESENTATION: 19. Overview of Proposed FY 2008 -2009 Budgets for the General Fund (Attachment # 19) M. PRESENTATIONS: Public comment will not be solicited on Presentation items. 20. Convention and Visitor's Bureau (CVB) Update on Nature Tourism Initiative (Attachment # 20) 21. "Corpus Christi: An Age - Friendly Community," presented by the Mayor's Council on Aging (Attachment # 21) 22. Bond Issue 2008 Project Recommendations (Attachment # 22) bili Agenda Regular Council Meeting June 10, 2008 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 23. Report on the South Texas Jail Diversion Program and the Corpus Christi Police Department Crisis Intervention Team (CIT) /Jail Diversion (Attachment # 23) N. 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 ingles es limitado, habra un intdrprete ingles- espanol 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 STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. O. 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 Govemment 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. Agenda Regular Council Meeting June 10, 2008 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) P. 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 a- ,3 0 p.m., on June 4, 2008. 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 Wednesday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Thursday morning. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2007 -2009 IT NI Develop Street Plan TexasA &M University— Corpus Christi Expansion Neighborhood Improvement Program (NIP) and Model Block Expansion Development Process Improvement Bond 2008 Coliseum Plan Master Plan Updates Improve Code Enforcement Downtown Plan Charter Review 1 PRESENT Mayor Henry Garrett Mayor Pro Tem John Marez Council Members: Melody Cooper* Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla Leal Michael McCutchon Nelda Martinez MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 20, 2008 - 10:00 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Assistant City Secretary Mary Juarez *Arrived at 10:08 a.m. Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Kevin Jennings with Mount Olive Lutheran Church and the Pledge of Allegiance to the United States flag was led by Council Member Priscilla Leal. Mayor Garrett referred to Item Airport Board Dr. George H. Fisher (Appointed) George G. Richard (Appointed) * * * * * * * * * * ** 1 and the following board appointments were made: C.C. Digital Community Development Corporation Sylvia Whitmore (Reappointed) Patrick Smith (Appointed) * * * * * * * * * * ** Mayor Garrett called for consideration of the consent agenda (Items 2 -6). Mr. Abel Alonzo requested that Item 4 be pulled for individual consideration. Council members requested that Item 5 be pulled for individual consideration. Assistant City Secretary Juarez polled the Council for their votes as follows: 2. MOTION NO. 2008 -124 Motion approving a service agreement with Concentra Health Services d.b.a. Concentra Medical Centers of Addison, Texas for drug testing services, in accordance with Request for Proposal (RFP) No. BI- 0071 -08, for an estimated three -year expenditure of $262,297.50, of which $7,286.04 is required and budgeted for the remainder of FY 2007 -2008. The term of the service agreement will be for three years 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. This service will be used by all City departments. Funds are budgeted in the Liability & Employee Benefits Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". —1— Minutes — Regular Council Meeting May 20, 2008 — Page 2 3. MOTION NO. 2008 -125 Motion approving the purchase of three (3) trailer mounted water pumps from Godwin Pumps of America Inc., of Corpus Christi, Texas for a total amount of $88,715.75. The award is made in accordance with the cooperative purchasing agreement with the Texas Local Government Cooperative. The equipment will be used by the Water Department. Funding is available in the Capital Outlay Budget of the Maintenance Services Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 6. ORDINANCE NO. 027704 Amending the Code of Ordinances, City of Corpus Christi, Chapter 33 to prohibit use of or presence in Windward Drive parking lot from midnight to 6:00 a.m.; providing for penalties; and providing for publication. (First Reading 05/13/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 4 regarding lease agreements with Brooks Chapel and Nueces County Mental Health and Mental Retardation Center. Abel Alonzo, 1701 Thames, thanked the City for their support and for executing the lease agreement with Nueces County Mental Health and Mental Retardation Center. Assistant City Secretary Juarez polled the Council for their votes as follows: 4.a. ORDINANCE NO. 027701 Authorizing the City Manager or his designee to execute a lease with Brooks Chapel for property located at 1517 Winnebago for a term of 10- years, with a 10 -year renewal option. (First Reading 04/22/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 4.b. ORDINANCE NO. 027702 Authorizing the City Manager or his designee to execute a lease with Nueces County Mental Health and Mental Retardation Center for property located at 1502 S. Brownlee for a term of 10 years, with a 10 -year renewal option. (First Reading 04/22/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 5 regarding amending the Zoning Ordinance to include the definitions of community homes and family. In response to Council Member Kelly, Assistant City Attorney Jay Reining stated that community home residents are defined by state law as six (6) patients with specific illnesses and two (2) supervisors. Assistant City Secretary Juarez polled the Council for their votes as follows: -2- Minutes — Regular Council Meeting May 20, 2008 — Page 3 ORDINANCE NO. 027703 Amending Article 3, Definitions, of the Zoning Ordinance by adding a new definition for a Community Home as Section 3- 1.15.1 and by revising the definition of Family in Section 3- 1.24; providing for penalties; and providing for publication. (First Reading 05/13/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 11 regarding the alternate entrance road at Naval Air Station Corpus Christi (NAS -CC). Interim Assistant City Manager Angel Escobar explained that this item authorizes the City to request that the Texas Military Preparedness Commission allow the City to use funds previously provided to realign Flour Bluff Drive near Waldron Naval Auxiliary Landing Field. Captain Tim Coolidge, NAS -CC, provided a brief presentation including a vision for the base; the need for expansion of the Corpus Christi Army Depot; relocation of the back nine holes for the golf course; the proposed final state of the base; community access; and smart growth. Council members asked questions regarding air training at Waldron; the skeet range; moving the Bay Club; and whether the City has drawn funds from the military revolving loan fund. There were no comments from the audience. Assistant City Secretary Juarez polled the Council for their votes as follows: 11. RESOLUTION NO. 027709 Resolution authorizing City Manager to execute amendment to project description in connection with purchase of Certificates of Obligation by Texas Military Preparedness Commission. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". * * * * * * * * ** *** Mayor Garrett referred to Item 12 regarding the community visioning project. City Manager Noe provided a brief overview of the project. Mr. Noe announced that the first community meeting is scheduled for Tuesday, May 20t. Dr. Mary Sherwood, Texas A & M University — Corpus Christi, thanked the Mayor and Council for their endorsement of the project. Dr. Sherwood said the project has been named BoldFuture for the Coastal Bend. Steven Ames, Principal for Steven Ames Planning, provided a background on his long range planning consulting and spoke regarding the visioning process; involvement of citizens; determining the direction of the City; and identifying key goals for the future. * * * * * ** ** * *** Mayor Garrett referred to Item 7, and a motion was made, seconded and passed to open the public hearing on the following zoning case: -3- Minutes — Regular Council Meeting May 20, 2008 — Page 4 Case No. 0408 -04, Callicoatte Mini - Storage, L.P.: A change of zoning from a "B-4" General Business District to an "1 -2" Light Industrial District resulting in a change of land use designation from vacant to light industrial on property described as 0.59 acres out of Fallins Riverside Subdivision, Block 9, Lot 2, located on Callicoatte Road, approximately 200 feet from Leopard Street. Assistant City Secretary Juarez stated that the Planning Commission and staff recommended denial of the "1 -2" Light Industrial District and, in lieu thereof, approval of a Special Permit for open storage of vehicles, trailers, boats, RV's and motor homes associated with the mini storage use on the subject property, and subject to a site plan and four (4) conditions. No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Ms. Juarez polled the Council for their votes as follows: 7. ORDINANCE NO. 027705 Amending the Zoning Ordinance, upon application by Callicoatte Mini- Storage, L.P., by changing the Zoning Map in reference to 0.59 acres out of Fallins Riverside Subdivision, Block 9, Lot 2 from "B-4" General Business District to "B -4 /SP" General Business District with a Special Permit to allow open storage of vehicles, trailers, boats, RV's and motor homes associated with the mini - storage use on subject property, subject to a site plan and four (4) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett referred to Item 8, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0408 -05, Hightower Building Company, LLC: A change of zoning from an "AB" Professional Office District with a Special Permit to a "B -1" Neighborhood Business District resulting in a change of land use designation from office uses and a retail store use (estate sale items) to a restaurant use (coffee shop) on property described as Alameda Park Subdivision Block 6, Lot 35 located on the east side of Everhart Road approximately 700 feet south of the Everhart and Alameda intersection. Assistant City Secretary Juarez stated that the Planning Commission and staff recommended approval of the "3-1" Neighborhood Business District. 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. Ms. Juarez polled the Council for their votes as follows: 8. ORDINANCE NO. 027706 Amending the Zoning Ordinance, upon application by Hightower Building Co., LLC, by changing the Zoning Map in reference to Alameda Park Subdivision, Block 6, Lot 35, from "AB" Professional Office District with a Special Permit to "B -1" Neighborhood Business -4- Minutes — Regular Council Meeting May 20, 2008 — Page 5 District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett referred to Item 9, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0408 -06, B & EC Partnership, Ltd.: A change of zoning from a "F -R" Farm -Rural District to a "B -1" Neighborhood Business District resulting in a change of and use designation from agricultural /rural to neighborhood commercial on property described as a 7.55 acre tract of and out of a portion of Flour Bluff and Encinal Farm and Garden Tracts Section 19, Lot 18, located at the southeast corner of the intersection of Airline Road and Wooldridge Road. Assistant City Secretary Juarez stated that the Planning Commission and staff recommended approval of the "B -1" Neighborhood Business District on Tract 1; and denial of the "B- 1" Neighborhood Business District on Tract 2 (eastern 100 feet of the property) and, in lieu thereof, approval of a "B -1A" Neighborhood Business District. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Ms. Juarez polled the Council for their votes as follows: 9. ORDINANCE NO. 027707 Amending the Zoning Ordinance, upon application by B & EC Partnership, LTD, by changing the Zoning Map in reference to 5.21 acres (Tract 1) out of Flour Bluff and Encinal Farm and Garden Tracts, Section 19, Lot 18, from "F -R" Farm Rural District to "B -1" Neighborhood Business District and 2.34 acres (Tract 2) out of Flour Bluff and Encinal Farm and Garden Tracts, Section 19, Lot 18, being the eastern 100 feet, from "F -R" Farm Rural District to "B- 1A" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". • r w ♦ x x * * > * x + Mayor Garrett opened discussion on Item 10 regarding the issuance of tax notes. Director of Financial Services Cindy O'Brien explained that this ordinance authorizes the issuance of tax notes in the amount of $22,260,000 to finance the approved project list. Mark Seal, Financial Advisorwith M.E. Allison, provided a brief presentation including the list of banks that received packets; comparison of bids from Frost Bank and Bank of America; the sources and uses of funds; debt service schedule; and the municipal market data scale. Mr. Seal said the bank is accepting the bonds on the underlining credit rating of the City. Ms. O'Brien introduced Mike Carrell and Sylvia Whitmore with Frost Bank. Minutes — Regular Council Meeting May 20, 2008 — Page 6 Bill Kopecky, 3609 Topeka, spoke regarding the issuance of bonds; the reason these projects cannot be considered for the bond election; subsidizing to the convention center; and funding of solid waste equipment. Ms. O'Brien said that all of the projects will be funded out of the General Debt Service Fund. Council members asked questions regarding how the chillers for the American Bank Center will be shown on the budget; the reason for utilizing this method for replacing solid waste vehicles instead of funds that are available in the solid waste budget; and solid waste revenues. Assistant City Secretary Juarez polled the Council for their votes as follows: 10. ORDINANCE NO. 027708 Ordinance authorizing the issuance of tax notes in the principal amount of $22,260,000; approving the sale of the notes; providing for the levy, assessment and collection of a tax sufficient to pay the interest on said notes and to create a sinking fund for the payment of the principal thereof; and ordaining other matters related thereto. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". • * * * * * * * * * * * * Mayor Garrett referred to the Item 13 regarding a presentation on Governmental Accounting standards Board (GASB) Statement No. 45 — Accounting for Financial Reporting by Employers for Postretirement Benefits other than Pensions (OPEB). Director of Financial Services Cindy O'Brien introduced the presentation team including Deputy Director of Financial Services Constance Sanchez; Director of Human Resources Cynthia Garcia; and Health Benefits Manager Tammy McDonald. Ms. O'Brien referred to a powerpoint presentation including an explanation of GASB 45 and OPEB; who is affected and when; actuarial valuation; frequency of valuations; the reasons for the change; the definition of implicit subsidy; the implicit rate subsidy; the current number of City covered participants; monthly health insurance rates for FY07 -08; examples of pay -as- you -go accounting; example of implicit subsidy; actuarial terminology; the City's pay -as- you -go cost for retiree medical benefits for fiscal year ending July 31, 2008; annual required contribution as of July 31, 2008; funded versus unfunded plans; results of the unfunded actuarial accrued liability; the net OPEB obligation for fiscal year ending July 31, 2008; and OPEB decision points for funding strategies and the health care policy. Council members asked questions regarding higher rates for retiree unblended rates for police and fire; implications for booking the net OPEB obligation; how the interest rate is determined; the funded plan; whether retirees are being subsidized by current employees; blended rates; premiums for active and retired employees; the reason OPEB is requiring the City to reflect this rate as a different liability; the unfunded actuarial accrued liability; and the annual required contribution. Minutes — Regular Council Meeting May 20, 2008 — Page 7 Mayor Garrett called for petitions from the audience. Abel Alonzo, 1701 Thames, spoke regarding appointments to boards, commissions, and committees. Gloria Scott, 4422 S. Alameda, thanked the Parks and Recreation Department for the use of Solomon M. Coles School Gymnasium for programs for the youth and spoke regarding the Juneteenth Celebration. Bob Algeo, 15629 Three Fathoms, thanked the Council for approving Item 6 regarding the curfew for the Windward Drive parking lot. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 11:30 a.m. on May 20, 2008. **... * ** * * * ** —7— PRESENT Mayor Henry Garrett Mayor Pro Tem John Marez Council Members: Melody Cooper* Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla Leal Michael McCutchon Nelda Martinez "Arrived at 12:38 p.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 27, 2008 - 10:00 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Assistant City Secretary Mary Juarez Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Rodney Amos with Trinity Church of the Nazarene and the Pledge of Allegiance to the United States flag was led by Council Member McCutchon. Mayor Garrett called for approval of the minutes of the regular Council meeting of May 13, 2008. A motion was made and passed to approve the minutes as presented. Mayor Garrett called for consideration of the consent agenda (Items 2 - 8). Council Member Marez announced that he would abstain from the discussion and vote on Item 4. There were no comments from the public. Council members requested that Items 4 and 8 be pulled for individual consideration. Assistant City Secretary Juarez polled the Council for their votes as follows: 2.a. RESOLUTION NO. 027710 Resolution authorizing the City Manager or his designee to accept a grant of $21,367 from San Patricio County to provide personnel, mileage reimbursement, travel, and office supplies in support of the mission and goals of the Regional Health Awareness Board and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye; Cooper was absent. 2.b. ORDINANCE NO. 027711 Ordinance appropriating a grant of $21,367 from San Patricio County to provide personnel, mileage reimbursement, travel, and office supplies in support of the mission and goals of the Regional Health Awareness Board. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. —9— Minutes — Regular Council Meeting May 27, 2008 — Page 2 3.a. RESOLUTION NO. 027712 Resolution authorizing the City Manager or his designee to accept an additional amended grant of $127,250 from the Department of State Health Services for equipment, supplies, and other expenses relating to a plan for responding to an act of terrorism and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 3.b. ORDINANCE NO. 027713 Ordinance appropriating an additional amended grant of $127,250 from the Department of State Health Services in the No. 1066 Health Grants Fund for equipment, supplies, and other expenses relating to a plan for responding to an act of terrorism. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 5. ORDINANCE NO. 027715 Ordinance authorizing the City Manager or his designee to execute an agreement with the Young Men's Christian Association of the Coastal Bend, Inc. (YMCA) for use of T.C. Ayers Pool and adjacent grounds for summer 2008 and extensions for up to three additional summer periods, for YMCA's operation of free summer swim programs. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 6. MOTION NO. 2008 -126 Motion approving the application from Bayfest, Inc. to temporarily close the following street sections for the 2008 Bayfest Festival beginning Tuesday, September 16, 2008 through Wednesday, October 1, 2008. A. Southbound Shoreline Boulevard, from Kinney Street to 550 feet south of Park Avenue and the portion of 100 feet north of Furman Avenue beginning Tuesday, September 16, 2008 at 6:00 a.m. through Wednesday, October 1, 2008 at 6:00 p.m. B. Kinney Street, from northbound Shoreline Boulevard to southbound Shoreline Boulevard beginning Tuesday, September 16, 2008 at 6:00 a.m. through Wednesday, October 1, 2008 at6:00 p.m. C. Born Street, from southbound Shoreline Boulevard to Water Street beginning Tuesday, September 16, 2008 at 6:00 a.m. through Wednesday, October 1, 2008 at 6:00 p.m. D. Broadway Court, from southbound Shoreline Boulevard to Water Street beginning Tuesday, September 16, 2008 at 6:00 a.m. through Wednesday, October 1, 2008 at 6:00 p.m. -10- Minutes — Regular Council Meeting May 27, 2008 — Page 3 Park Avenue, from northbound Shoreline Boulevard to Water Street beginning Tuesday, September 16, 2008 at 6:00 p.m. through Wednesday, October 1, 2008 at 6:00 p.m. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 7. MOTION NO. 2008 -127 Motion authorizing the City Manager or his designee to execute Change Order No. 4 in the amount of $86,109.86 with Bay, Ltd. for a restated contract total price of $10,657,154.49 to provide for installation of two water mains, one five -foot diameter manhole and eight -inch sanitary sewer main for the Cimarron Boulevard, Phase 1 Project (Saratoga to Yorktown). The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. Mayor Garrett opened discussion on Item 4 regarding the 78415 Community Youth Development Program. Council Member Leal asked questions regarding the information she had previously requested on youth that provided services by the different agencies by this program. Superintendent for Community Services Valerie Villarreal stated that staff was able to provide the total number of clients served but could not list the individuals served since that list is confidential. Ms. Leal asked how the list was determined to be confidential. Ms. Villarreal explained that the Texas Department of Family and Protective Services (DFPS) have strict guidelines of confidentiality and only the Fiscal Agent (City) has access to this information. In response to Ms. Leal, Ms. Villarreal said that the information is sent to DFPS by the City as per their agreement. Ms. Leal requested a copy of the contract between the City and DFPS. Assistant City Secretary Juarez polled the Council for their votes as follows: 4. RESOLUTION NO. 027714 Resolution authorizing the City Manager or his designee to submit a grant application to serve as the Fiscal Agent for the Texas Department of Family and Protective Services (DFPS) FY 2008 -2009 78415 Community Youth Development (CYD) Program, with $500,000 DFPS funding. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez abstained; Cooper was absent. Mayor Garrett opened discussion on Item 8 regarding Cefe Valenzuela Disposal Cell 4A and 4B. Council Member Martinez asked for the timeframe for the engineering of the leachuate evaporation ponds. Interim Director of Engineering Services Kevin Stowers stated that the permit modification was executed by the Texas Commission on Environmental Quality (TCEQ) on May 20th and that staff anticipates that the permanent leachate pond will be in service in the immediate future. Assistant City Secretary Juarez polled the Council for their votes as follows: 8.a. MOTION NO. 2008 -128 Motion authorizing the City Manager or his designee to execute a contract with Longhorn Excavators, Inc., of Richmond, Texas, in the amount of $2,369,450 for construction of Cefe F. Valenzuela Landfill Section 4A Liner & Leachate Collection System and Section 4B Excavation. 11 Minutes — Regular Council Meeting May 27, 2008 — Page 4 The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 8.b. MOTION NO. 2008 -129 Motion authorizing the City Manager or his designee to execute a contract for engineering materials testing services with Kleinfelder, Inc., of Corpus Christi, Texas, in the amount of $262,466 for construction of Cefe F. Valenzuela Landfill Section 4A Liner & Leachate Collection System and Section 4B Excavation project. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. Mayor Garrett referred to Item 9, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0408 -09, Corpus Christi Construction, Inc. — A change of zoning from a "RE" Residential Estate District to a "R -2" Multiple Dwelling District resulting in a change of land use designation from estate residential to medium density residential on property described as a 16.63 acre tract of land out of a portion of Flour Bluff and Encinal Farm and Garden Tracts Section 54, Lot 9 and Lot 10, located in Flour Bluff on the west side of Laguna Shores Road approximately 400 feet north of Hustlin' Hornet Drive. Assistant City Secretary Juarez stated that the Planning Commission recommended approval of the "R -2" Multiple Dwelling District and staff recommended denial of the "R -2" Multiple Dwelling District. Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including the location map of the subject property; expanded view of the subject property; 2006 and 2007 aerial view; the existing land use map; "R -2" multiple dwelling district allowances; additional views of the subject property; future land use maps for 2006 and 2008; and the planning commission and staffs recommendation. Mayor Garrett called for comments from the audience. Betty Holt, 237 Lola Johnson, asked the Council to consider the safety, health, and education of the children. Charles Roberts, 2142 Alazan, spoke regarding changes to the zoning application; the 2006 zoning; the acreage of the lots; and the safety of the citizens. Art Allcock, 254 Lola Johnson, spoke in opposition of the development of the apartments and expressed his concern for the natural surrounding; the safety of the children; and traffic. Alex Nick, 201 Lola Johnson, spoke regarding the maintenance of the apartments and traffic on Laguna Shore Road. Mr. Nick spoke in opposition to the zoning change. John Riley, 270 Lola Johnson, spoke regarding the runoff of the development to the pond and ecotourism. Mr. Riley spoke in support of staffs recommendation. Kelly Russell, 270 Lola Johnson, asked the Council to consider development that would improve on the existing assets and not consider multi - family uses. Dale Mecom, representative for Flour Bluff Independent School District, submitted a letter from Superintendent Dr. Julie Carbajal expressing the district's concerns regarding the development. Spencer Collins, 4014 Claudia Drive and applicant, provided information on the activity on Laguna Shores Road; addressing environmental issues; platting; location of the lift station; consideration of a reimbursement agreement for the lift station; background on the zoning in 2006; uses for "R -2" zoning; the open space percentage for "R -2" zoning; future land uses; the staff report -12- Minutes — Regular Council Meeting May 27, 2008 — Page 5 for Case No. 0308 -02 from March 5th to the Planning Commission; discussion with the Engineering Department regarding Laguna Shores Road; and delineation of the wetland from the Corp of Engineers. Council members asked questions regarding when the property was designated as medium density residential and zoned "RE" Residential Estate District; whether the change in 2006 was reflected on the comprehensive map; whether "R -2" zoning allows for three (3) structures; staffs recommendation; the entity that owns the pond; the reason that staff changed their original recommendation from March; medium density residential west of Laguna Shores; whether there are specific concerns with the water area that make the property inappropriate for medium density zoning; the property north of Lola Johnson; whether the applicant would consider a Special Permit; concerns that the pond will have a higher concentration of pollutants if the property is developed multi - family or medium density; drainage into the wetland area; the developer's responsibility to control runoff; wetland protection guidelines; the developer's plan for development along the northern property line; whether the Council has any control after the zoning is approved; whether the homes on Lola Johnson are on stilts; whether this development will be on stilts; whether all of the structures will have two floors of livable space; the setback for multi - family; whether Debra Road will carry the majority of the traffic; traffic impacts with the project to the north; whether the development plan address the use of Laguna Shores as an arterial street versus Debra Lane; extending Lola Johnson to Waldron Road; whether the developer would consider splitting the zoning; the set back for "R -1 B "; the ordinance for "R -1 B "; and whether Council could amend the proposed ordinance. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. Mayor Garrett called for comments from the audience. Joan Veith, 5701 Cain Drive, spoke in support of a pay raise for firefighters. Lionel Lopez, 4325 Philippine, spoke regarding the financial impact the insurance has on firefighters and retirees. Gail Hoffman, 3442 Paradise, announced that the Rotary Club has selected the construction of the Police Athletic League Concession Stand as their project. Ms. Hoffman invited the Council to attend the groundbreaking ceremony on Wednesday, May 29`h at 3:00 p.m. on the grounds of the Athletic Field. Susan Thiem, 96 Lakeshore Drive, spoke regarding the Animal Control Department's response to a pit bull attack. Theresa Holland, 4422 South Alameda, thanked the Council and Assistant City Manager Margie Rose for supporting her graduate work. Ms. Holland provided information regarding her project for sustainable development titled "Greenway ". Marco Gambo, 2105 South Carancahua, asked the Council to improve the conditions of the old fire station located at 209 South Carancahua. Maria Gonzalez, 1813 Amazon, asked the Council to settle the negotiations with the firefighters and spoke in support of increasing salaries and improving benefits. Charles Roberts, 2142 Alazan, spoke regarding the notification to property owners on the abandoning and vacating of Linda Lee Drive in 2006. Bill Maher, 7330 Sun Valley, spoke regarding the effects of Agent Orange to employees at the Corpus Christi Army Depot. Mr. Maher asked the Council to support the investigation of this matter. Mary P. Reyes, 709 Anderson, spoke on behalf of her husband about the illness he developed from working at the Corpus Christi Army Depot. J.E. O'Brien, 4130 Pompano, spoke regarding the decision to appeal the lawsuit on Council insurance. Carolyn Moon, 4902 Calvin, thanked the Corpus Christi International Airport for their support of the Patriot Guard Riders welcoming of troops from Iraq and Afghanistan. Olga Gonzalez, 1809 Yale, spoke regarding the health problems her late husband developed and the environmental conditions at the Corpus Christi Army Depot. Ms. Gonzales asked the Council to support the efforts -13- Minutes — Regular Council Meeting May 27, 2008 — Page 6 of the retired employees of the Corpus Christi Army Depot. Craig Loving, 1037 Stirman, expressed his appreciation to the firefighters and spoke in support of expediting the negotiations. Carlos Torres, President of the Corpus Christi Firefighters Association, asked that the City settle the contract negotiations with the firefighters before August 1st and that the firefighters receive fair treatment during the budget process. ** * * * * * * *** ** Mayor Garrett returned to public comment on Item 9 regarding Case No. 0408 -09, Corpus Christi Construction, Inc. Jerry Hartung, 2101 Laguna Shores Drive, spoke in opposition to the zoning change because of the environment; traffic issues; and the privacy of the residents on Lola Johnson. Rebecca Root, 325 Lola Johnson Road, spoke regarding the problems on Laguna Shore Drive; property concerns; the education of the students; and mitigation. Ms. Root also stated that there were no three story homes located on Lola Johnson. David Keast, owner of the property north of the subject property, spoke in support of the project. Mr. Keast addressed the issues of the current zoning; environmental sensitivity; and education awareness. Mr. Keast said that the developers are developing the property to improve the area. Jeff Smith, Broker for the buyer, spoke in support of the rezoning and the economic opportunities for the City. Justin Posey, current land owner, said he requested the "RE" zoning change in 2006 because there was no infrastructure at the time and there was no interest in the property. Frank Field, 221 Lola Johnson, spoke in opposition to the zoning change because of lighting issues and increased traffic. Mr. Field asked the Council to consider staffs commendation. Jerri Bohing, 535 Don Patricio Road, spoke in opposition to the zoning change because of sinkholes, flooding; and the danger to the children in the area. David Bohing, 535 Don Patricio Road, suggested that the property be used for an environmental education facility for the school system. Mayor Garrett called for a 15- minute recess. Mayor Garrett returned to discussion on Item 9 regarding Case No. 0408 -09, Corpus Christi Construction, Inc. Council members asked questions regarding whether the school district would have to discontinue use of the pond; how the medium density residential areas were determined for the future and use map in low areas; whether the developer agreed to address the concerns of the Council during the break; whether the 20% rule is invoked; the set back requirements for "R -1C "; the zoning on Lola Johnson Drive; and amending the height restrictions. Dr. McCutchon made a motion to require that the developer address the storm water runoff; create a 25 -foot setback to the backyard of residents; and have a height restriction of 30 -feet on the structures 25 -feet back. The motion was seconded by Mr. Kelly and passed with a voice vote. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Cooper, and passed. The 20% rule is in effect and requires seven (7) votes for the ordinance to pass. Mr. Chapa polled the Council for their votes as follows: 9. FAILED Amending the Zoning Ordinance, upon application by Corpus Christi Construction, Inc., by changing the Zoning Map in reference to 16.63 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 54, Lot 9 and Lot 10, from "R E" Residential Ectate District to -14- Minutes — Regular Council Meeting May 27, 2008 — Page 7 An emergency was declared, and the foregoing ordinance failed with the following vote: Cooper, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Garrett, Elizondo, and Hummell, voting "No "; Leal was absent. Mayor Garrett opened discussion on Item 10 regarding an incentive payment to the Corpus Christi Convention and Visitors Bureau Board (CVB). Assistant City Manager Oscar Martinez explained that this item was to appropriate and approve an incentive payment for the performance by the CVB as per the current contract. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, spoke in support of the CVB and said that the incentive was well earned. City Secretary Chapa polled the Council for their votes as follows: 10.a. ORDINANCE NO. 027716 Ordinance appropriating $202,116 from the Unappropriated Fund Balance in the No. 1030 Hotel Occupancy Tax fund for an incentive payment to the Corpus Christi Convention and Visitors Bureau; changing the FY 2007 -2008 Operating Budget adopted by Ordinance No. 027352 to increase appropriations by $202,116. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal,.McCutchon, Marez, and Martinez voting "Aye ". 10.b. MOTION NO. 2008 -130 Motion approving the payment of $202,116 to the Corpus Christi Convention and Visitor's Bureau for an incentive payment as provided under the current contract for services. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi Community Improvement Corporation (CCCIC). * w x w w x: d x n• ♦* Mayor Garrett reconvened the Regular Council Meeting. Mayor Garrett referred to Item 12 regarding an overview of the proposed FY2008 -2009 Operating Budget. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including a budget overview; fund structure; the distribution of revenues and expenditures by fund; the budget preparation process; the document format; combined fund summary of revenues and expenditures by fund; summary and -15- Minutes — Regular Council Meeting May 27, 2008 — Page 8 fund balance by fund type; history of net taxable values; historical tax rate; tax rate split; sales tax collections; general fund unreserved fund balance; proposed utility rate increases; proposed utility rate increases; and initiatives. Council members asked questions regarding the reason the industrial districts are not listed under ad valorem tax; the $4 million reduction in the water fund balance; the cost of service model for the water fund; ways to avoid variances in revenue patterns in the water fund; the estimated revenues for storm water; whether there were adjustments made for increasing energy costs and fuel consumption; the percentage of property tax that will fund public safety; the savings associated with once a week garbage pickup; the balance for the Reinvestment Zone No. 2 fund and the amount reserved for dredging; whether the Hotel Occupancy Tax funds maintenance of Magee and Corpus Christi Beach; whether the tax rate for general fund maintenance and operations includes funding for maintaining the senior centers; minimizing internal service funds; how the self insurance fund is reflected; the percentage of decrease in new growth; and drawing down from the general fund unreserved fund balance. Council Member Leal requested an update on the food program at the senior centers. Mayor Garrett announced that the Council was going to break from the budget presentation to go into executive session. Mayor Garrett announced that the City Manager evaluation was postponed. 15. POSTPONED Executive session pursuant to Texas Covcrnment Code, Section 551.074, Personnel Matters, to deliberate thc appointment, employment, evaluation, r assignment, duties, discipline, or dicmiceal of thc City Manager with possible action related thereto in open section. Mayor Garrett announced the executive session, which was listed on the agenda as follows: 14. Executive Session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Mayor Garrett returned to Item 12 regarding an overview of the proposed FY2008 -2009 Operating Budget. Assistant City Manager Oscar Martinez referred to the powerpoint presentation including salary adjustments; health insurance increases; and the proposed budget calendar. Council members asked questions regarding whether the increases in fire and police health insurance are for the amount of co -pay or the premium; the difference between the salary adjustments for police and fire and the insurance increase; the unreserved fund balance from 5 to 10 years ago; the proposed increase in sales tax and ad valorem tax; and park development fees. * ***** ** * *** * -16- Minutes — Regular Council Meeting May 27, 2008 — Page 9 Mayor Garrett referred to Item 13 regarding a preview of the proposed public input website for the Citywide Storm Water Master Plan Project. Deputy Director of Development Services Johnny Perales explained that this presentation is to provide a preview of the public input process to receive input through the internet. William J. Green, Goldston Engineering, introduced the technical project team including Sarah West and David Miles. Mr. Green provided a brief overview of the website including the review and comment portions of the alignment review; map sheet protocol; drainage criteria technical guide; drainage criteria manual; and the drainage design manual. Council members asked questions regarding continuing discussions with the County; developer concerns on charges for new construction; costs associated with the drainage system; the flexibility to adjust the plans; and the depth of the channels. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 4:13 p.m. on May 27, 2008. * * * * * * * * * * *** -17- MINUTES City of Corpus Christi, Texas Special Council Meeting June 1, 2008 - 3:00 p.m. Present: Mayor Henry Garrett Mayor Pro Tem John Marez Council Members: Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla Leal Michael McCutchon Nelda Martinez 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. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required Charter officers were present to conduct the meeting. Mayor Garrett stated that the City Council was going into executive session pursuant to Texas Government Code, Section 551.074, Personnel Matters, to deliberate the appointment, employment, reassignment, duties, discipline, or dismissal of the City Manager with possible action related thereto in open session. The Council went into executive session. The Council returned from executive session. Council Member Kelly made the following motion, seconded by Council Member Elizondo: Motion authorizing the Mayor to accept the letter from George K. Noe, City Manager, dated May 30, 2008, announcing his resignation and retirement effective September 1, 2008, and upon termination of his employment, provide him the severance pay described in the "Employment Conditions and Salary for City Manager George K. Noe" dated April 15, 2003. Council Member McCutchon asked for Council's support that the 90 days not be guaranteed if a replacement is found within that period and that Mr. Noe agree to step down should that occur. Mr. Kelly stated that it is highly unlikely that will occur and that he would prefer a transition period with overlap between the current City Manager and the new City Manager. -19- Special Council Meeting June 1, 2008 Page 2 City Secretary Chapa polled the council for their votes: 1. Motion No. 2008 -131 Motion authorizing the Mayor to accept the letter from George K. Noe, City Manager, dated May 30, 2008, announcing his resignation and retirement effective September 1, 2008, and upon termination of his employment, provide him the severance pay described in the "Employment Conditions and Salary for City Manager George K. Noe" dated April 15, 2003. The foregoing motion passed with the following vote: Garrett, Marez, Cooper, Elizondo, Kelly, McCutchon, and Martinez, voting "Aye "; Hummell and Leal, voting "No ". There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 3:38 p.m. on June 1, 2008. -20- 2 Requested Council Action: 6/10/08 Alternate Council Date: 6/17/08 AGENDA MEMORANDUM RECOMMENDATION: Motion approving the purchase of five (5) heavy trucks from Grande Truck Center, of San Antonio, Texas, based on low bid, in accordance with Bid Invitation BI- 0156-08 for a total amount of $405,602. The vehicles will be used by the Gas and the Solid Waste Departments. All five units are replacements to the fleet. Funding is available in the Public Health & Safety 2008 Tax Notes Capital Improvement Project (CIP) Fund and the Maintenance Services Fund. BACKGROUND: Purpose: The vehicles will be used by the Gas and the Solid Waste Departments. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. All five units are replacements to the fleet. Bid Invitations Issued: Six Bids Received: Four Award Basis: Low Bid Funding: Michael:. ra Assistant Director of Financial Services Public Health & Safety 2008 Tax Notes (CIP) Fund Bid Item —1 550020- 3364 - 00000 - 140600 Maintenance Services Bid Item— 2 550020 -5110 -40120 f $250,734.00 154,868.00 TOTAL PURCHASE: $405,602.00 -23- N O oW� ASI7 In co attn -(n2 p SIAM m m e o' W a • °- m m °1 m i °n n si m O w ;�m°Fm a n.Ao A� °a�^ 0 • () O 01 01 N 0 -• @ O-4 O N a 9 0) 7 - c O D d 0 j A O Q -1 M O) O A O a N O� 1 $ 0 N 7 x 7 A a) N= D N c° X d b. w 0 Z a a 0 W S 03 m O' '• 0 nw 'o-{ f, ZS°afmw 0 oo #� N O i ca • A a ID A O n.< 5.J a 0 N O J ' O N m 03 y_ M O m' O 0 It O °) 0 O pN N Q w O N Oa -W O' 0 m 0) 0 0 Z Na f(OW at- ° l Oa ON t00mN 0 Am,5 f.o, mo, J P a S2, `<N N 0 S NV O A N 0) M m m m o o 0 V V A m A O O LC 4. OD W <n V O) O O N N O w f' V OD CO CO m V m N V V m A C C4/3 D A N 0) 0) 0 69 N 01 N O -4 N aD 0 SanTex Truck Center Corpus Christi, Texas CO 0) _ 6 O O O _% V N -CO O O O O M OD 0) m O O O 4. N O) 0 0) CO O O O Z O W O 4. O V OD O O d) N O a O 0 7. 0 7 N m .7 N ° = m a French - Ellison Truck Center Corpus Christi, Texas —24— o CO -0 0 m 0 n c • D m C m mcoIn o zO No rr<ICA OOG3�= r Z — o o -1 D O 0 clo 0 Z ), O my c Z • rC C Q D A • CD O In O Z Cll O) co 3 Requested Council Action: 6/10/08 Alternate Council Date: 6/17/08 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a service agreement with R & R Delivery Service, Corpus Christi, Texas for meal delivery service consisting of the delivery of approximately 133,000 meals for the Elderly Nutrition Program, Adult Protective and Title XX Meals on Wheels, in accordance with Bid Invitation No. BI- 0136 -08 based on low bid for an estimated annual expenditure of $171,570, of which $28,595 is required in FY07 -08. The term of the agreement will be for twelve months with options to extend for up to two additional twelve- month periods, subject to the approval of the contractor and the City Manager, or his designee. Funds have been budgeted by the Senior Community Services of the Parks and Recreation Department in FY07 /08. 'BACKGROUND: Purpose: This service will be used by the Senior Community Services for recipients of the Elderly Nutrition Program, Adult Protective, and Title XX Meals on Wheels of the home delivered meal program. This service consists of approximately 532 meals delivered to designated recipients during the noon hour, Monday through Friday for approximately 250 days. Bid Invitations Issued: Five Bids Received: Two Pricing Analysis: Pricing has increased approximately 6% since the last bid of April 2005. Award Basis: Low Bid Funding: Park & Recreation — Senior Community Services 530000- 1020 -13030 530000 -1067- 00000 - 810508 (MOW) 530000 -1067- 00000 - 810808 (ENP) Micha ` :. era Assistant Director of Financial Services —27— Total Amount. (FY07 -08) $12,747.76 4,455.20 11,392.04 $28,595.00 1V3IN 000t£1. NOIld11:1OS3O 0 ) z w CO -4 3O11Id 1V1O1 3O12:ld 11Nl 0 7 , '0 n o _ ec -I / ) E(o 1k {0) «f Doc )� z <_ wm E x7 za cn m —I EA cn 3O11Id 1V1O1 3O18d 11Nl XI • XI Co §/ • < )} 22 £ N -28- 4 Requested Council Action: 6/10/08 Alternate Council Date: 6/17/08 AGENDA MEMORANDUM RECOMMENDATION: Motion approving the purchase of one - hundred and twenty (120) tasers, 2,100 taser cartridges from GT Distributors, Austin, Texas, based on sole source for a total expenditure of $166,972.20. The equipment will be used by the Police Department. Funds are available through the Crime Control Fund. BACKGROUND: Purpose: Award Basis: The tasers will used by Police Officers in their day to day duties. Sole Source GT Distributors, Austin, Texas is the sole distributor in Texas, representing Taser International. Funding: Crime Control Fund 520090- 9010 -11711 $166,972.20 1► I 41 Micha-":.r era Assistant Director of inancial Services —31— Total Amount: $166,972.20 A W N Taser Cartridge 25 ft reach to be fielded for duty use Taser Cartridge 21 ft reach to be used for training Taser Cartridge 15 ft reach used for training only 0 X D) • O7 0. CO °) CI) (D r' o _p m (° a0 g ✓ D) N(0 N. N N 7 ' 7 O OI O N NJ 0) 0 0 0 m m m m D) d m v 0 0 0 0 NOIldRIOS34 c fiD SI EA N OD - W tO to to 0) « Ea • «3 « O) N «3 -a N O) CO N V a m CO A N N b 4. V N V 01 -S (D N CO 0) -a Ul "0 = O O. O O 0 0 • G -32- 5 Requested Council Action: 6/10/08 Alternate Council Date: 6/17/08 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Oil Patch Petroleum, Inc., Corpus Christi, Texas for lubricating oils, greases and antifreeze in accordance with Bid Invitation No. BI- 0138 -08 based on low total bid for an estimated annual expenditure of $181,213.20, of which $30,202.20 is required in FY07 -08. The term of the agreement will be for twelve months with options 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 in FY07 /08. BACKGROUND: Purpose: Previous Contract: Bid Invitations Issued: Bids Received: Pricing Analysis: Award Basis: Funding: Fire Department Maintenance Services These items are used by the Fire Department and Maintenance Services Department during routine scheduled maintenance work on City owned vehicles and equipment. The option to extend the previous contract was not exercised due to the vendor's inability to maintain pricing, therefore, requiring the City to issue new bid invitations. Five Three When compared to previous bid of July 2006, pricing has increased approximately 33 %. According to the vendor, the increase is due to continued tight market for oil and oil base products. Low Total Bid When compared to like items bid by the other bidders, Oil Patch Petroleum, Inc. is the lowest overall bid. 520050- 1020 -12050 520050 -5110 -40100 520050 -5110 -40140 Michael t . era Assistant Director of inancial Services —35— (FY07 -08) $800.00 7,150.55 22,251.65 Total Amount. $30,202.20 BID INVITATION NO.: BI- 0138 -08 LUBRICATING OILS, GREASES & ANTIFREEZE BUYER: GABRIEL MALDONADO COUNCIL DATE: JUNE 10, 2008 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION (1) ITEM DESCRIPTION OIL PATCH PETROLEUM Corpus Christi, Tx ARNOLD OIL Corpus Christi, Tx Texas Refinery Corp Corpus Christi, Tx TOTAL PRICE TOTAL PRICE TOTAL PRICE 1.0 HYDRAULIC OIL (AW46) $14,750.00 $16,446.00 $48,400.00 2.0 HYDRAULIC OIL (AW68) 12,802.50 11,550.30 33,112.50 3.0 UNIVERSAL TRACTOR FLUID 21,770.00 22,700.00 70,080.00 4.0 MOTOR OIL 15 w 40 27,187.80 27,814.20 82,342.50 5.0 MOTOR OIL 5 w 30 21,784.60 22,756.90 66,902.50 6.0 MOTOR OIL 10 w 30 4,154.00 4,500.00 14,880.00 7.0 MOTOR OIL 30 w 3,624.60 4,012.10 8,332.50 8.0 MARINE OUTBOARD MOTOR OIL 12,312.00 NO BID NO BID 9.0 AUTOMATIC TRANSMISSION FLUID 14,195.60 12,906.90 52,756.00 (DEXTRON III/MERCON) 10.0 AUTOMATIC TRANSISSION FLUID 19,943.60 20,320.60 - 43,216.00 (MERCON V) 11.0 EXTREME PRESSURE GEAR LUBE 3,348.60 3,418.60 10,758.00 12.0 ANTIFREEZE -FULL STRENGTH 23,727.10 25,210.00 NO BID 13.0 ANTIFREEZE (DEXCOOL) - 1,612.80 1,632.00 NO BID FULL STRENGHT TOTAL (2) $181.213.20 (2) $173,267.60 (Incomplete) $430,780.00 (Incomplete) (1) Arnold Oil has taken exception to bid requirements regarding firm fixed prices. All prices bid are subject to change. (2) When compared to like items bid by the other bidders, Oil Patch Petroleum, Inc. is the lowest overall bid. -36- 6 Requested Council Action: 06/10/08 Alternate Date: 06/17/08 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Morrison Supply Co., San Antonio, TX for approximately 6,495 pipe repair clamps and couplings ranging in size from 2" to 30" in accordance with Bid Invitation No. BI- 0120 -08 based on low bid and low bid meeting specifications for an estimated annual expenditure of $336,931.87 of which $56,155.32 is budgeted in FY 07 -08. The term of the contract is for twelve months with options to extend for up to two additional twelve -month periods, subject to the approval of the contractor and the City Manager, or his designee. These items are purchased into Warehouse Inventory and charged out to the Water and Wastewater Departments. BACKGROUND: Purpose: Previous Contract: Bid Invitations issued: Bids Received: Price Analysis: Award Basis: Fundi The Warehouse stocks the pipe repair clamps and couplings, which are used by both the Water and Wastewater Departments to splice and repair existing utility lines located throughout the City. The option to extend the previous contract was not exercised due to changes to specifications; therefore, requiring the City to issue new bid invitations. Twenty Five When compared to the previous bid of December 2006, pricing has increased approximately 5 %. Group I - Low Bid Group II — Low Bid meeting specifications. The City has qualified a specific manufacturer of pipe repair couplings that has a proven track record of superior performance over other types of available repair couplings. The pipe repair coupling bid by Ferguson Enterprises, Corpus Christi, TX is not on the City's qualified product list. 0! k Micha 'B 119010 -5010 -00000 $56,155.32 Assistant Director of Financial Services -39- -o■- ( 0 ( Lo (} (} <a f0- cc CNC \ ) k k ) G / . / bc co ) " a 00 )( 8 §m o Po z( <° 2§ C - oi ®k �0 » / ( oe i /e: !o / oa- oo is to njt75 7 AGENDA MEMORANDUM SUBJECT: Appropriation of funds for Parkdale Branch Library AGENDA ITEMS: Date: June 10, 2008 Ordinance appropriating $ 16,997.29 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $9,946.69 from unappropriated interest earnings from the Library CIP Fund No. 3210 and $ 7,050.60 from royalties from oil, gas, and mineral interests bequeathed to the City from the estate of William T. Neyland Estate; changing FY 2007 -2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $ 16,997.29; and declaring an emergency. ISSUE: Additional funds are available for the Parkdale Branch Library project from unappropriated interest earnings and mineral interest earnings. With this appropriation over $1,140,000 is available for the project from private funding sources. REQUIRED COUNCIL ACTION: Council authorization required for appropriation of funds. PRIOR COUNCIL ACTION: Resolution No. 026056 (December 14, 2004) accepting a cash distribution from the William T. Neyland Estate Ordinance No. 026128 (January 25, 2005) appropriating up to $600,000 from William T. Neyland Estate into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library Resolution No. 026129 (January 25, 2005) authorizing the renaming of the Parkdale Branch Library to the "William T. Neyland Public Library" upon completion of improvements to the facility. Resolution No. 026752 (April 25, 2006) amending Resolution No. 026056 to authorize City Manager or designee to determine whether to retain or sell the library's beneficial mineral interest as bequeathed to library by the Last Will and Testament of William T. Neyland. Resolution No. 026833 (June 27, 2006) authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries which provides the City with $55,000 for improvements to the Parkdale Branch Library. Ordinance No. 026834 (June 27, 2006) appropriating $257,353.70 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 -43- Page Two Library Resolution No. 026941 (August 29, 2006) authorizing the City Manager or his designee to execute a Gift Agreement with the Corpus Christi Public Library Foundation, Inc. which provides $4,492.87 to the City for improvements to the Parkdale Branch Library. Ordinance No. 026942 (August 29, 2006) appropriating $4,492.87 from the Corpus Christi Public Library Foundation, Inc. into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library; amending the FY 2005 -2006 Capital adopted by Ordinance No. 026188 to increase appropriations by $4,492.87. Resolution No. 027106 (January 16, 2007) authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries which provides $101,000.00 to the City for improvements to the Parkdale Branch Library. Ordinance No. 027107 (January 16, 2007) appropriating $131,750.32 into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library, Janet F. Harte Public Library and the Bell Children's Library at the Central Library from the following sources: $101,000 from the Friends of Corpus Christi Public Libraries for the Parkdale Branch Library; $25,828.75 from unappropriated interest earnings from the Library CIP Fund No. 3210 for the Parkdale Branch Library; $3,119.47 from unappropriated interest earnings from the Library CIP Fund No. 3210 for the Janet F. Harte Public Library; $1,802.10 from unappropriated interest earnings from the Library CIP Fund No. 3210 for the Bell Children's Library at the Central Library; amending FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $131,750.32; and declaring an emergency. Ordinance No. 027132 (January 30, 2007) appropriating $8,000 into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library from the William. T. Neyland Estate; amending FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $8,000; and declaring an emergency. Resolution No. 027177 (March 20, 2007) authorizing the City Manager or his designee to execute all documents and take all action necessary to administer the property previously held by the Anita Neyland Trust, which is now being turned over to the City, including but not limited to signing oil and gas division orders and accepting monies derived from property; and requiring that all monies derived from this property shall be deposited into a library fund and used for library purposes. Ordinance No. 027237 (April 24, 2007) appropriating $18,223.38 into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library from the following sources: $6,441.68 from Anita T. Neyland Trust; $11,781.70 from unappropriated interest earnings from the Library CIP Fund No. 3210, amending FY 2006 2007 Capital Budgct adoptcd by Ord nancc No. 026997 to increase appropriations by $18,223.38; and declaring an emergency. Ordinance No. 027282 (May 22, 2007) appropriating $5,902.61 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $1,947.19 from mineral interest from the William T. Neyland Estate and $3,955.42 from unappropriated interest earnings from the Library CIP Fund No. 3210; amending FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $5,902.61; and declaring an emergency. Ordinance No. 027368 (August 21, 2007) appropriating $13,975.69 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $1,739.68 from mineral interest from the William T. Neyland Estate and $12,236.01 from unappropriated interest earnings from the Library CIP Fund No. 3210; changing FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $13,975.69; and declaring an emergency. —44— Page Three Library Resolution No. 027435 (October 9, 2007) authorizing the City Manager or designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries in the amount of $25,000.00 for improvements to the Parkdale Branch Library. Ordinance No. 027436 (October 9, 2007) appropriating $29,138.86 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $25,000.00 from the Friends of Corpus Christi Public Libraries; and $4,138.86 from unappropriated interest earnings from the Library CIP Fund No. 3210; changing FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $ 29,138.86; and declaring an emergency. Resolution No. 027442 (October 9, 2007) authorizing the renaming of the Parkdale Branch Public Library to the "Anita & W. T. Neyland Public Library" as recommended by the Library Board upon completion of improvements to the facility and repealing Resolution No. 026129 which previously authorized the remaining of the Parkdale Branch Library to the "William T. Neyland Public Library." Motion No. 2007 -258 (October 9, 2007) authorizing the City Manger or his designee to execute a construction contract in the amount of $790,547 with Van Fleet Construction, of Kingsville, Texas for the Parkdale Library Renovation Project for the Base Bid and Additive Alternate No. l . Motion No. 2007 -255 (October 9, 2007) authorizing the City Manager or his designee to execute a contract with Ricardo Ruiz (Artist) for the design, production, installation, and purchase of a 6 -foot high by 12 -foot wide mural, in the amount of $8,550 as part of the Percent for Art Program associated with the Parkdale Branch Library renovation project. Ordinance No. 027563 (January 29, 2008) appropriating $19,726.24 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $15,155.93 from unappropriated interest earnings from the Library CIP Fund No. 3210 and $4,570.31 from royalties from oil, gas and mineral interests bequeathed to the City from the estate of William T. Neyland; changing FY 2007 -2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $19,726.24; and declaring an emergency. Resolution No. 027573 (February 12, 2008) authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries in the amount of $42,000 for construction and installation of a new book -lift shaft, book - list and machine room at the Parkdale Branch Library. Ordinance No. 027574 (February 12, 2008) appropriating $42,000 into the Library • eI• and installation of new book -lift shaft, book -lift and machine room at the Parkdale Branch Library from Friends of Corpus Christi Public Libraries; changing FY 2007 -2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $42,000; and declaring an emergency. RECOMMENDATION: Staff recommends approval. —45— Herb Canales Director of Libraries AN ORDINANCE APPROPRIATING $16,997.29 INTO THE LIBRARY CIP FUND NO. 3210, PROJECT NO. 120095, FOR IMPROVEMENTS TO THE PARKDALE BRANCH LIBRARY FROM THE FOLLOWING SOURCES: $9,946.69 FROM UNAPPROPRIATED INTEREST EARNINGS FROM THE LIBRARY CIP FUND NO. 3210 AND $7,050.60 FROM ROYALTIES FROM OIL, GAS AND MINERAL INTERESTS BEQUEATHED TO THE CITY FROM THE ESTATE OF WILLIAM T. NEYLAND; CHANGING FY 2007 -2008 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 027546 TO INCREASE APPROPRIATIONS BY $16,997.29; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $16,997.29 is appropriated into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $9,946.69 from unappropriated interest earnings from the Library CIP Fund No. 3210 and $7,050.60 from royalties from oil, gas and mineral interests bequeathed to the City from the Estate of William T. Neyland. SECTION 2. That the FY 2007 -2008 Capital Budget adopted by Ordinance No. 027546 is changed to increase appropriations by $16,997.29. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 10th day of June, 2008. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Henry Garrett Mayor APPROVED AS TO FORM: June 2, 2008 u. _' v e ar As 11 • • • ttor ey gui taut For City Attorney —46— Corpus Christi, Texas day of 2008 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, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -47- 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 10 2008 AGENDA ITEM: An Ordinance authorizing the City Manager, or his designee, to execute a Use Permit with Special Olympics, Inc. for the use of the Memorial Coliseum Parking Lots from July 22, 2008 through July 28, 2008 for the 2008 Bay Bali Bally Hoop; and declaring an emergency. ISSUE: Special Olympics, Inc is requesting the use of the Memorial Coliseum Parking Lot from July 22, 2008 through July 28, 2008 for their 2008 Bay Ball Bally Hoop. REQUIRED COUNCIL ACTION: City Council action is required to authorize the City Manager, or his designee, to execute a Use Permit with Special Olympics, Inc. PREVIOUS COUNCIL ACTION: City Council has previously authorized this annual request. FUNDING: N/A CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance /.. , Sally avli ' i irector Parks and Attachments: Background Information -51- creation Department Background Information Corpus Christi's 19th annual Special Olympics Bay Ball Bally Hoop 3 -on -3 Outdoor Basketball Tournament is scheduled to begin the morning of July 26, 2008 and last through the weekend. The event is free and opened to the public. In 2007, there was a combined 162 men's and women's teams competing in 3 -on -3 Outdoor Basketball Tournament with players ranging in age from 10 to 52 years old. The event was held at the Sunrise Mall parking lot. Players from as far as away as Missouri and Ohio will be competing in this year's tournament alongside many local competitors. Special Olympics is an International Nonprofit Organization dedicated to empowering individuals with disabilities to become physically fit, productive and respected members of society through sports training and competition. Special Olympics currently serve 2.5 million people with disabilities by offering more than 200 Programs in over 180 countries. —52— Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN USE PERMIT WITH SPECIAL OLYMPICS, INC. FOR THE USE OF THE MEMORIAL COLISEUM PARKING LOTS FROM JULY 22, 2008 THROUGH JULY 28, 2008 FOR THE 2008 BAY BALL BALLY HOOP; 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 designee, is authorized to execute an agreement with Special Olympics, Inc. for the use of the Memorial Coliseum Parking Lots from July 22, 2008 through July 28, 2008 for 2008 Bay Ball Bally Hoop. A copy of the agreement is attached. 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 takes effect upon first reading as an emergency measure this the day of June, 2008 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved: x'1 1 3° , 2008. Lisa Aguila Assistant City Attorney For City Attorney —53— Page 2 of 2 Corpus Christi, Texas Day of 2008 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 Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon —54— State of Texas County of Nueces This Use Permit is entered into between the City of Corpus Christi ( "City "), a Texas home -rule municipal corporation, acting through its duly designated City Manager, and Special Olympics, Inc. a Texas nonprofit corporation, ( "Permittee ") acting through its duly designated Agent to produce the Bay Ball Ballyhoop 2008, and in consideration of the covenants contained in this document. 1. Definitions. a Use Permit means this document, including all attachments and exhibits that are referred to in this document. b City means the City of Corpus Christi, a Texas home -rule municipality. c Permittee means Special Olympics, Inc. d Event or the Event means Bay Ball Ballyhoop 2008 and related activities sponsored by Permittee. e Premises means the site for the Event, more fully described on the attached Exhibit Al. (The Event Layout Diagram is attached as Exhibit A2.) f City Manager means the City's City Manager or his designee. g Parks Director means the City's Director of Parks and Recreation or his designee. h City Traffic Engineer means the City's Traffic Engineer or his designee. i Traffic Control Plan means the traffic control plan prepared by the City's Traffic Engineer, or his designee, for the Event. j Police Chief means the City's Police Chief or his designee. k Risk Manager means the City's Director of Risk Management or his designee. I City Attorney means the City's Attorney or designee. 2. Term. This Use Permit is for a term of seven (7) days, commencing on July 22, 2008, 2008 and ending on July 28, 2008. Permittee will be entitled to exclusive use of the Premises for a period of seven (7) days from Tuesday July 22, 2008 through Monday July 28, 2008. Page 1 of 14 Use Permit for Bay Ball Ballyhoop 2008 Know All By These Presents: —55— Page 2 of 14 3. Premises. City grants to Permittee the privilege of using the City property described on the attached Exhibit Al to conduct the Event. The property is generally described as follows: a. Parking Lot: The parking lot on the south side of the Memorial Coliseum, located along Shoreline Blvd. b. Parking Lot: The parking lot on the north side of the Memorial Coliseum, located along Shoreline Blvd. 4. Premises Revisions. Activities by Permittee will be limited to the above described Premises. If Permittee wishes to use any additional City-owned areas for its activities, it must obtain prior written approval from the Parks Director. No concession stands, rides, or other structures or apparatuses may be placed by Permittee on the grass or shrub - covered areas of the Premises except as provided by the site plan and Event Layout Diagram in the attached Exhibits Al and A2, respectively, without prior written approval from the Parks Director. If Exhibit Al or Exhibit A2 is revised, a new Exhibit will be filed with the City Secretary and Parks Director and supersede the existing Exhibit. Any new Exhibit becomes effective upon its filing with the City Secretary. 5. Event Layout Diagram. Permittee must provide to the Parks Director a diagram explaining the Event layout at least 30 days prior to the Event. The diagram will be attached as Exhibit A2. Layout of the Event is subject to the approval of the Parks Director. 6. Special Event Fee. Permittee must pay City applicable Parks and Recreation Special Event Permit fee and applicable Traffic Engineering permit fee. 7. Payment of City Costs. In consideration for use of City property Permittee will pay the City within sixty (60) days after the Event ends the actual cost incurred by the City related to the Event, including but not limited to the cost for those services provided by the Parks & Recreation Department, the Traffic Engineering Department, and the Police Department. The City will invoice Permittee for these costs within thirty (30) calendar days after the Event. The invoice will itemize the City charges for services rendered. Upon written request of Permittee, the City will furnish reasonable supporting documentation of the charges within ten (10) calendar days. a. Costs. City's Costs in assisting with the Event may include: 1. Damages to City property related to the Event, which will be billed at the cost of repair. -56— Page 3 of 14 2. Costs of labor contracted for clean up, or additional clean up required by the Directors of relevant departments, at the rates set by the City as described in section 7.b., below. 3. Costs of Police Officers provided for security, crowd control, traffic control, and off-site traffic control, at applicable city rates for the Police Officers assigned. Permittee will pay Citys Costs, if any, as billed within 30 days after City tenders invoice to Permittee. b. Notice of Costs. At least 20 days before the Event the Parks Director, Police Chief, and City Traffic Engineer will meet with Permittee representatives to discuss City Services to be provided for the Event and the cost to be paid to City. Permittee shall be liable for all actual cost incurred by City related to the Event. c. Late Fee. Permittee's failure to pay the undisputed charges on City's invoice within 30 days after submittal to Permittee shall result in a late payment fee being assessed against Permittee. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, Tess any disputed amounts, and said fee will be added to the net amount payable to the City. 8. Deposit. No deposit is required for this Use Permit. 9. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: Director of Parks and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 -9277 FAX (361) 880 -3864 e -mail SallyG @cctexas.com e -mail MicheleT @cctexas.com If to Permittee: Special Olympics, Inc. Attn: Development Director 10223 McAllister Freeway, Suite 100 San Antonio, Texas 78216 FAX email: sfreeman- hicks @sotx.org (210) 326-4921 10. Parking. Permittee will provide parking and signage for people with disabilities in close proximity to the Event entrance and defined on the Premises map (Exhibit Al) and Event Layout Diagram (Exhibit A2). In addition, Permittee will provide parking passes for City personnel scheduled to work during the actual Event. 11. Temporary Street Closures. The street closure process will govern any necessary street closures. Permittee must provide the City Traffic Engineer and the Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure in accordance with City ordinance. All street closures on a temporary basis are —57-- Page 4 of 14 subject to the requirements of City Ordinances, Sections 49 -15 to 49 -18, as may be amended, and require the City Council to confirm the closures. The decision to confirm the closure of the streets is within the sole discretion of the City Council acting upon the application at the time the application is submitted. 12. Barricades, Traffic Signs. The Permittee must provide barricades and traffic signs required by the City Traffic Engineer that include temporary directional signage to the nearby attractions /facilities affected by any street closures and traffic circulation around the Event. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access. The Permittee must pay the cost of additional signage. 13. Signage and Advertising. Signage and advertising proposed for the Event must receive the Parks Director's prior written approval. On all advertising for the Event, Permittee shall recognize City's contributions to the Event. 14. Rest Rooms, Drinking Water and First Aid. The Permittee must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A first aid station must also be provided at each site throughout the duration of the Event and its related activities. 15. Security. Permittee must provide uniformed Security Officers during the Event. If the City's Police Chief determines it is necessary, he will assign Police Officers to provide crowd control and traffic control for the Event and any needed off- site traffic control. The Police Officers will be assigned duty stations by the Police Chief, or his designee. Permittee shall pay to City the cost for these services as provided in Section 7 above. 16.Insurance. Permittee must furnish to the Risk Manager proof of Commercial General Liability insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must comply with the requirements of the City's Risk Manager as shown in the attached Exhibit B. The City must be named as an Additional Insured on all liability policies. Permittee must furnish the Certificates of Insurance in at least the minimum amounts included in the attached Exhibit B. to the Citys Risk Manager two (2) weeks prior to the non - exclusive use period. Permittee must require all volunteers to sign an accident waiver form that Permittee must keep on file. This form must be submitted to the City Attorney for approval. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of any accidents at the same time that the reports are forwarded to any other interested parties. In addition, Permittee must provide copies of all insurance policies to the City Risk Manager upon City Manager's written request. This insurance must not be canceled, —58— Page 5 of 14 non - renewed or materially changed without 30 days prior written notice to the Parks Director. 17. Indemnity. Permittee must indemnify and hold City, its officers, agents and employees ( "Indemnitees ") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent that any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the lndemnitees or on the part of Permittee or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Premises pursuant to this Use Permit, to set up and take down, hold, attend or participate in the Event and associated activities, with the expressed or implied invitation or permission of Permittee, or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees, Permittee, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any injury or damage may in any other way arise from or out of the improvements located on the Premises described in this Use Permit or out of the use or occupancy of the improvement to the Premises or the Premises itself by Indemnitees, Permittee, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees. These terms of indemnification are effective whether any injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, but not if that damage or injury results from gross negligence or willful misconduct of the Indemnitees. Permittee covenants and agrees that if City is made a party to any litigation against Permittee or in any litigation commenced by any party, other than Permittee relating to this Use Permit, Permittee shall defend City, with counsel acceptable to the City, upon receipt of reasonable notice regarding commencement of that litigation. 18.Safety Hazards. Permiaee, upon written notice of identified safety hazards by the City Police Chief, Fire Chief, Parks Director or Risk Manager must correct the safety hazard within six hours or as otherwise provided in the written notice of safety hazards. -59- Page 6 of 14 19.Damages to City Property. Parks Director will provide to Permittee a list of damages to City property within two (2) days after the close of the Event. Permittee will restore all items on the list within three (3) days after receipt of the list. If Permittee fails to restore all items on the list, Parks Director may do so and invoice Permittee for Costs, as set out in Section 7 above. Permittee or its agent must fill and compact all holes in grassy areas made by Permittee or any entity or person participating in the Event. Parks Director must approve fill material. Any subsidence within the Premises must be additionally filled by Permittee or its agent until no subsidence occurs. 20. Pavement, Curbs, Sidewalks, Seawall. Any work that involves holes or other changes in the pavement, curbs or sidewalks or seawall requires the prior written approval of the Cit /s Director of Engineering Services; provided, however, no approval will be given if that work will require subsequent repairs by the City. 21. Permits. Permittee must obtain and pay for all permits necessary to comply with City, State, and Federal laws and give a copy of each permit to the Parks Director. Permittee must also obtain a Temporary Promotional Event Permit from the City Building Inspection Department and an Alcohol Permit from the Parks and Recreation Department, if alcohol will be sold at the Event. Permittee must notify the Parks Director of any special conditions imposed by any permitting agency. Permittee must require all vendors to obtain and comply with appropriate permits from the City- County Health Department for sale of foods and protection of the public welfare. 22.Cleanup. Permittee must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. Permittee may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by Permittee and taken to a location designated by Permittee. If there are any storm water inlets anywhere within the Premises, Permittee must install screens, approved by Stormwater - Utility Division, across all storm water inlets along Shoreline and within any closed streets within the Premises and along parade routes. Drainage must not be blocked. Permittee must remove the screens after the close of the Event. However, Permittee must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the Stormwater Superintendent or designee. 23. Construction. The construction work for displays, stages, and other structures must be conducted in accordance with City building codes and restrictions. These structures must be removed within the non - exclusive use period in Section 7. Construction that causes damages will only be allowed if Permittee provides the Parks Director prior written assurances that Permittee will remedy said damages in accordance with Section 17 above. -60— Page 7 of 14 24.Temporary Buildings. All temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All temporary buildings must be removed within the non - exclusive use time period. 25. Electrical & Water Services. Electrical and water service is not provided on the Premises. A Temporary Promotional Event Permit from the City Building Inspection Division is required in order to install electrical service for the Event. A Certificate of Occupancy is included and must be used to have all temporary services (such as food, electrical, plumbing, tents, and structures) inspected. It is the responsibility of Permittee to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. City authorizes Permittee to access and temporarily modify City's existing electric service distribution center in McCaughan Park in order to distribute electric service to Premises. Permittee, at Permittee's sole expense, shall remove the modifications within ten (10) days after the Event. Modifications shall comply with Section 19. Permits of this Use Permit. Permittee shall reimburse City (under Section 7 of this Use Permit) for electric service consumed during the Term of this Use Permit. 26. Permissible Vendor Location Markings. No paint or semi - permanent marking will be permitted that in any way obliterates or defaces any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk or tape markings may be used to pre -mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 27. Dispute Resolution. City and Permittee agree that any disputes that may arise between them concerning this Use Permit, such as determining the amount of damage to City property related to the Event, will be submitted for determination and resolution, first to the Parks Director, with a right to appeal to the City Manager. The decision of the City Manager will be final, unless that decision is appealed to the City Council by giving written notice of appeal to the City Secretary within 10 days after the written decision of the City Manager has been sent to Permittee. In the event of an appeal, the decision of the City Council will be final. This Use Permit in no way waives Permittee's rights to seek other legal remedies during the appeals process. 28.Fire Lanes. Permittee must, at all times, during the Event and the non - exclusive use period, maintain fire lanes upon the Premises as may be designated by City's Fire Chief. The fire lanes must be kept clear of all obstructions. 29.Assignment. Permittee may not assign or transfer this Use Permit or make any alteration therein without the prior written consent of the City. 30.Termination. Any failure on the part of Permittee to perform any of the covenants contained in this Use Permit, or any breach of any covenant or condition by Permittee entitles City to terminate this Use Permit without notice or demand of any kind, notwithstanding any license issued by City, and no forbearance by City of any prior breach by Permittee shall constitute a waiver by or estoppel against the City. In case of -61- Page 8 of 14 any termination City is entitled to retain any sums of money paid by Permittee and those sums inure to the benefit of City as a set -off against any debt or liability of Permittee to City otherwise accrued by breach of this Use Permit. 31. Right of Permittee to Use Public Property and Streets. Permittee acknowledges that the control and use of public property and streets is declared to be inalienable by the City and except for the use privilege granted herein, this Use Permit does not confer any right, title, or interest in the public property and streets described herein. The privilege to use the City property and public streets granted herein is subject to the approval of the City Council as required by City Charter and ordinance and the compliance by Permittee with the terms and conditions contained within this Use Permit. 32.Not Partnership or Joint Venture. This Use Permit may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from Permittee by the City are compensation for provision of City services as described herein and for the right of Permittee to use public property for the limited purpose described in this Use. Permit. 33.Compliance with Laws. Permittee must comply with all applicable federal, state, and local laws and regulations including without limitation compliance with the requirements of the Americans with Disabilities Act, all at Permittee's sole expense and cost. 34.Non- discrimination. Permittee warrants that it is and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 35.Cancellation of Event. City Manager, or his designee, reserves the right, at all times and in his sole discretion, to cancel the Event if cancellation is necessary to protect the public health, safety, or welfare. If the Event is cancelled under this section, Permittee relieves City from all liability that may result from the premature closing of the Event. 36. Entire Use Permit. This Use Permit and the attachments and exhibits referred to in this Use Permit constitute the entire Use Permit between the City and Permittee for the use of the Premises for the Event . All other Use Permits, promises, and representations, unless contained in this Use Permit, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Use Permit and the attachments and exhibits referred to in this Use Permit, of the terms, conditions, promises, and covenants relating to Permittee's operations and the Premises to be used in the operations. -62- Page 9 of 14 37.Interpretation. This Use Permit will be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Use Permit was entered into and will be performed. The headings contained herein are for convenience and reference only and are not intended to define or limit the scope of any provision. The unenforceability, invalidity, or illegality of any provision of this Use Permit does not render the other provisions unenforceable, invalid, or illegal. 38. Modifications. No provision of this Use Permit may be changed, modified, or waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. —63— .:ulYa n Dupiicat:: Onpir',Is On PERMITTEE G' M,nua ttg o S rATE OF TEXAS COUNTY NUECES / . 2008. i nc; i",:trument was acknowledged before me on "/ 2008. by _ +fie Director for Special O mows Inc. a I exas norlr.-infit t an beh »ly' nl said,c /pOration. Page, 10 of 14 ivemarildr- N':.rr.'^'Irplic are7t ,f 1:.,‘.95 L.t nrai!C;t Gale %k JIB- 6-0 A ! � �� %Ent, GASRIELA E. GONZALEZ Nolsry Public. Stine of alms +.- My Commission Expires . September 07.4009 -64- Page 11 of 14 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED March 31, 2008 Lisa Aguilar Assistant City Attorney For City Attorney —65— George K. Noe City Manager Page 12 of 14 EXHIBIT A Depiction of Premises and Event Layout —66— EXHIBIT B I. INSURANCE REQUIREMENTS Page 13 of 14 A. Permittee must not commence work under this Lease Agreement until all insurance required herein has been obtained and approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee must furnish to the Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, non- renewal, material change or termination is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury / Advertising Injury $1,000,000 Combined Single Limit AUTOMOBILE LIABILITY — Owned, Non -owned or rented vehicles 1. Contractors & Subcontractors delivering tents, stages, bleachers, temporary structures and large items $500,000Combined Single Limit —67— Page 14 of 14 2. Permittee workers and volunteers AT A MINIMUM , STATUTORY LIMITS of $25,000 / $50,000 for BODILY INJURY & $25,000 for PROPERTY DAMAGE WORKERS' COMPENSATION EMPLOYERS' LIABILITY Required if Permittee employs any person other than himself /herself: WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 ACCIDENT POLICY FOR VOLUNTEERS $5,000 MEDICAL PAYMENTS per PERSON . $10,000 DEATH or DISMEMBERMENT per PERSON C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 2008 Special Olympics Bay Ball Ballyhoop ins req. 3 -31 -08 ep Risk Mgmt —68— 9 AGENDA MEMORANDUM SUBJECT: Special Olympics Texas "Bay Ball Ballyhoop ": Street Closures AGENDA ITEM: Motion approving the application from Special Olympics Texas to temporarily close Park Avenue from northbound Shoreline Boulevard to southbound Shoreline Boulevard for the "19`" Annual Pepsi Bay Balt Ballyhoop," beginning at 7:00 a.m. on July 26, 2008 through 8:00 p.m. on July 27, 2008 (Exhibit B). ISSUE: The Special Olympics Texas necessitates the temporary closure of Park Avenue from northbound Shoreline Boulevard to southbound Shoreline Boulevard for the "19"' Annual Pepsi Bay Ball Ballyhoop," beginning at 7:00 a.m. on July 26, 2008 through 8:00 p.m. on July 27, 2008. Event Organizer, Shae Freeman- Hicks has requested the above mentioned street section closure to be approved by the City Council for the "19� Annual Pepsi Bay Ball Ballyhoop." REQUIRED COUNCIL ACTION: Street closing permits for large public events require City Council approval. RECOMMENDATION: Approval of the motion as presented. Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Kevin Stow s, Interim Director of Engineering Services 44 /a Support Material: Background Information Site Map Street Closure Applications and Insurance Requirements Insurance Requirements —71— BACKGROUND INFORMATION Background Information: Special Olympics Texas will be hosting the "19"' Annual Pepsi Bay Ball Ballyhoop" at the Memorial Coliseum parking lot on July 26, 2008 through July 27, 2008. Last years event took place at the Sunrise Mall parking lot. This event benefits over 1,000 Special Olympics Texas Athletes in Corpus Christi and its surrounding areas. It is expected to have over 500 players and spectators who will participate in the 3-on -3 basketball toumament. Shae Freeman- Hicks has requested for the temporary street closure of Park Avenue for the safety passage of participants and spectators using the McCaughn Park parking lot. Street Closings: Special Olympics Texas, "19t Annual Pepsi Bay Ball Ballyhoop," event necessitates the temporary closure of Park Avenue from northbound Shoreline Boulevard to southbound Shoreline Boulevard. Street Closure will commence at 7:00 a.m. on July 26, 2008 through 8:00 p.m. on July 27, 2008. Street closing for the "19tAnnual Pepsi Bay Ball Ballyhoop," is necessary to allow safe passage for pedestrians using the Memorial Coliseum parking lot onto the event. EXHIBT "A" Page 1 of 1 —72— N SCALE: N.T.S. PARK AVENUE TEMPORARY STREET CLOSURE EVENT DATE / TIME DATE: 7 -26 & 7 -27 START: 7:00 AM END: 8:00 PM EXHIBIT: " B " SUBJECT: "19th ANNUAL PEPSI BAY BAL $ALLYHOOP" TEMPORARY ROAD CLOSUREO PARK AVENUE - SITE PLAN - Traffic Engineering Div. Fnninnarinn Can.innr hn..4 Ijylr(/i'(' 1 ` Exhibit "C" City of Corpus Christi Department of Engineering Services Traffic Engineering APPLICATION FOR PERMIT TO CLOSE STREET FOR PUBLIC EVENT 1. Name of Organization Sponsoring Event: Special Olvmoics Texas 2. Name of Proposed Event: Bay Ban Ballvhoop 3. Date of Planned Event: July 26 -27, 2008 4. Key Contact Individual Shae Freeman -Hicks Phone No.210.530.9398 5. Street(s) Requested for Closure, Dates and Times of Day: - DESCRIBE Closed from 7:00 am to 7:00 pm July 26. 2008 and 7:00 am to 8:00 prn July 27, 2008. !!---,A Aven .e fn /2-..a' JAY, . 6. Purpose of Event and Detailed Description of Activities Planned: Bay Ball Ballyhoop is a three on three basketball tournament to raise funds for Special Olympics Texas. 7. List foods and beverages to be served: Water and bottled beverages 8. Services Requested by the City: Provide use of area. close Park Avenue and provide barricades 9. Attach a diagram illustrating in detail the location of booths. stages, restrooms, first -aid stations, etc., that will be included in the event. 10. Enclose a check or money order for 5200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463. 9/20/88). Page 1 of 9 -74- I Permit to Close Street for Public Events 11. Attach an official letter of transmittal requesting approval of the event. 12. In consideration of obtaining a permit to close a City street for a public event. the applicant or sponsoring organization agrees to comply with the following applicable conditions: A Admittance to said event shall be free; 6. All profits derived from the event shall be for charitable causes: C. Pay the City four - percent (4 %) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. D.- *Provide and maintain an insurance policy with the limits and requirements shown on the attached Exh 1,6 " D " E. 'Completion of Indemnification Agreement; F. Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event G. -Require written notice and notice to be given to tenants and building managers; and posting of same inside entrances to multi- tenant buildings. This notice is to be furnished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered. 11 Provide adequate number of reslroom facilities to accommodate the anticipated public; I Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. All security other than perimeter traffic control shall be provided by sponsor; security shall consist of off-duty City Police officers, or other type security officially approved by the City. K. All construction of booths, stages. displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation. L. Provide for potable water within the event site; M . Provide first -aid stations; N. Provide continuous cleaning of the site during the event and return d 10 pre -event condition after event ends; 0. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; 0. Vehicles shall be prohibited from parking on grass areas within the street nght -of -way. -75- R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; U. Carnival -type rides will not be permitted. V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. *Evidence that these conditions have been met must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. Signed: :. ;�C ky-7 -,w7, C i_,. Event Chairman/Organizer _ .3 /el :e / O/(/ r 41'C? Sponsoring OrgarSin /-j Date Submitted: For more information please contact: The City of Corpus Christi, Traffic Engineering Division at: Ph: 361-826-3540 or 361-826-3547 • Fax: 361-8264255 or 361-826-3545 1201 leopard St. CC. TX 78401 • PO Box 9277 • Corpus Christi, TX 78469 -9277 Page 1 of _7g_ INDEMNITY AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES WHEREAS, Section iii of said standards. entitled Procedure and Permit Requirements requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now. therefore. in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading. blocking or closing a street. alley or other public right -of -way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims. lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attorney =s fees. for or on account of any injury to any person. or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly. as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right-of- Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minimum limits of 51,000,000 Combined Single Limit for large events or 5500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage with a Certificate of Insurance furnished to the Traffic Engineering Division prior to the proposed blockage under this permit) [ T .0 / f =r -.n Witness my (our) hand(s) this dale of 200 / i Permit Applicant /?X e, Cor (pang Name Page a of —77— .., .T I,, / X X.r' Exhibit "D" INSURANCE REQUIREMENTS 1. PERMITTEE'S LIABILITY INSURANCE A. Permit tee must not commence work under this agreement until he /she has obtained all insurance required herein and such insurance has been approved by the City. Nor may Permit tee allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Permit tee must fumish to the City's Risk Manager two (2) copies of Certificates of Insurance, with the city named as an additional insured for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE I MINIMUM INSURANCE COVERAGE 30Day Notice of Cancellation required on all certificates Bodily Injury and Properly Damage Commeical Genera. Liability including: 5' . 00.Q X) COMBINED SINGLE LIMII la large events I. Commercial form 1 Or 2- Premises - Operations . 5500.000 COMBINED SINGLE LIMIT for small events Products completed Operations 4. Contractual Insurance 5. Broad Form Properly Damage 5 Independent Contractors 7 Personal lOury AurCIdOa,LE LIABN'Y —OWNED NIA —OWNED OR 5500.000 COMBINED SINGLE LIMIT RENTED WORKER'S COMPENSATION EMPLOYER 5 LIABIL {T'Y ll WHICH COMPLIES WITH THE TEXAS WORKERS- ! COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT I 51(0000 C. In the event of accidents of any kind, Permit tee must furnish the Risk Manager with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. 2. ADDITIONAL REQUIREMENTS A. Permit tee must obtain workers' compensation coverage through a licensed insurance company or through self - insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed company, the contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. Page 5 of B. Whether workers' compensation coverage is provided through a licensed insurance company or through self - insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by Permit tee will be promptly met. C. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the liability coverage. except for the Workers' Compensation coverage and a blanket waiver of subrogation on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between be and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". The name of the project must be listed under "Description of Operations" • At a minimum, a 30 -day written notice of change or cancellation is required. D. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (1) -(8), an authorized representative of the insurance company must include a letter specifically stating whether items 1.8 (1) -(8) are included or excluded. 3. A completed Disclosure of Interest must be submitted with your proposal. Page a of 9 -79- DIVISION 2. TEMPORARY CLOSURE OF STREETS Sec. 49 -15. Permit required; application. No streets shall be closed temporarily nor shall any street right -of -way be used in such a manner as to impede the free flow of traffic without the issuance of a permit by the city as provided herein. Any sponsor of an event desiring to close one (1) or more streets for said event shall make application there for on forms furnished by the city containing such information as the city may require including, but not limited to, the date and location of the event, the name of the sponsoring organization, the purpose of the event, and a diagram illustrating the street or streets to be closed and the layout of activities. The application must be submitted at least twenty (20) working days prior to the event and must be accompanied by an application fee as hereinafter provided to cover administrative costs. (Ord. No. 17651, § 1, 6 -15 -1983; Ord. No. 20463, § 1, 9 -20 -1988) Sec. 49-16. Issuance of permits; classification of events. Upon the review and recommendation of the application by the city, permits may be issued for the temporary closure of a street or streets in the following manner: ta) Neighborhood events. For neighborhood events at which no admission is charged and no items are sold and which require the closure of residential neighborhood streets for less than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. A permit application fee of one hundred ten dollars (5110.00) is required for such events. (b) Small events. For small events which require the closure of one (1) or more minor streets adjacent to churches, schools, or other public institutions, not involving extensive detouring of traffic and not requiring closure for more than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. For the purposes of this section, the term "minor streets" shall mean any streets other than arterial and collector streets as classified on the urban transportation plan. A permit application fee of two hundred dollars (5200.00) is required for such events. te) Large events. For all other events. which shall be Treated as large events, including. but not limited to, events which require the closure of one (1) or more rnajor streets or involve more extensive detouring of traffic, permits may only be issued by the city manager upon the approval of the city council expressed by motion. A permit application fee of two hundred dollars (5200.00) is required for such events. (Ord. No. 17651. § 1, 6.15 -1983; Ord. No. 20463, § 2. 9 -20 -1988; Ord. No. 027349, § 5, 7 -24- 20071 Sec. 49 -17. Conditions and requirements for permit. Prior to the temporary closure of any street, the sponsor must agree to comply with the conditions and requirements for such temporary closure imposed by the city including, but not lirnited to, the following: (a) All events shall be open to the public and admission shall be free. (b) All profits derived from the event shall be used for charitable purposes. (c) Insurance policies naming the city as an additional insured shall be obtained with minimum coverage for small events of five hundred thousand dollars (5500.000.00)lhve hundred thousand dollars ($500.000.00)ione hundred thousand dollars ($100.000.00) and for large Pope 7 of 9 _80_ events of five hundred thousand dollars ($500,000.00) /one million dollars ($1,000,000.00pone hundred thousand dollars ($100,000.00). Certificates evidencing the required coverage shall be supplied the city at least five (5) days prior to the event. (d) The sponsor shall agree to indemnify and forever save harmless the city from any claims arising from the event. (e) Sufficient barricades shall be obtained by the sponsor and placed in accordance with a plan approved by the traffic engineer. (f) (1) Notice required under this section must be furnished and posted at least two (2) weeks prior to the required city council meeting at which the motion to approve the permit will be considered. (2) Standard form of approved written notice required. The applicant/sponsor must give written notice by using the standard approved form supplied by the traffic engineer. (3) Required recipients of written notice. a The applicant or sponsor must furnish approved written notice of the proposed temporary street closure as follows: 1. To all tenants occupying a tenant space of property abutting that portion of the street to be closed to vehicular traffic: and, in addition, 2 To all building managers and property managers of all multi- tenant properties abutting that portion of the street to be closed to vehicular traffic. 3. If the property abutting that portion of the street to be closed to vehicular traffic is vacant. approved written notice may be mailed to the property owner's last known address according to the of the Nueces County Tax Appraisal District's records. b Proof of delivery. As part of the permit application process, the applicant must show the traffic engineer proof of having furnished the written notice required under This chapter. c. Hand delivery. Proof of each hand delivery may be shown by providing the signature of the recipient. along with the recipient's name, address, and contact information. d. Certified mail. If written notice cannot be made by hand delivery. proof may be shown by the receipt of certified mail delivery. (4) Posting of approved written notice required. The applicant or sponsor must post the approved written notice on the inside of entrances to multi-tenant buildings of properties abutting That portion of the street to be closed to vehicular traffic. (5) Al least two (2) weeks' notice of public meeting required. The applicant or sponsor's approved written notice of the proposed temporary street closure shalt include notice of the date. ume. and location of the city council meeting at which approval of the permit is scheduled (g) Adequate restroom facilities must be provided to accommodate the needs of the public. VI) All other permits required by the state or any other public authority must be obtained by the sponsor at least two (2) weeks prior to the event. (i) All security shall be provided by the sponsor. ij) Any construction of booths, stages, displays. electrical services and plumbing shall comply with the relevant city codes and shall be in accordance with the layout approved in the permit. (k) A sufficient supply of potable water shall be supplied within the event site. (I) Adequate first aid stations shall be provided by the sponsor. (m) The sponsor shall provide continuous cleaning of the site during the event and at the conclusion of the event restore the site to the same condition it was in prior to the event. Any damaged public property shall be restored by the sponsor upon conclusion of the event. (n) Vehicles shall be prohibited from parking on grass areas within the street right -of -way. (o) No paint or other markings shall be permitted which in any way obliterate or deface any pavement rnarkings. (p) Provision shall be made for the free passage of emergency vehicles into the event area in case of emergency. page 2 or 9 -81- (q) City council may authorize a regularly schedule event such as Bayfest or Buccaneer Days to charge an admission tee. (r) The city council by motion may authorize temporary closure of a street for producing a historical. cultural. documentary, promotional, or other similar motion picture. or for conducting a comparable event, which will promote the city. In addition to the application lee required by section 49 -16, before the permit is issued the sponsor shall pay the same occupancy charges that would be required by section 53 -195 for a contractor occupying public right -of -way during erection, construction or repair of a building. If the city council finds that producing the motion picture or conducting the event in the city will provide sufficient favorable publicity and economic benefits to justify waiver, the council may waive the payment of said occupancy charges and may waive the requirements of subsections fa) and (b) above. In addition to the foregoing conditions and requirements, the city may require such other conditions or requirements as are reasonably necessary to fit the particular needs of the event rn order to ensure the pubiic safety and protect public property. (Ord. No 17651, § 1, 6 -15 -1983; Ord. No. 22157, § 1, 2- 21.1995; Ord. No. 23128, § 1.11 -11- 1997: Ord. No. 24136. § 1. 7 -25 -2000; Ord. No. 027393. § 1, 8 -28 -2007) Soc. 49-18. Reimbursement for costs of the city. For any event requiring the temporary closure of one (1) or more streets the sponsor must agree to either (a) Pay to the city four (4) per cent of the gross receipts derived from the event to defray the public expenses involved in producing the event; or (b) Pay to the city an amount equal to the actual costs and expenses incurred by the city cleaning the site after the event and any other actual expenses of the city associated with the event. (Ord. No 17651, § 1, 6 -15 -1983) Sec. 49 -19. Reserved. Chapter 49 Streets and Sidewalks' Drnslon 2. Temporary Closer of Streets Sec. 49-15 through Sec. 49 -19 Page 9 at 9 -82- Exhibit "D" CERTIFICATE OF INSURANCE 05/19/2008 PRODUCER American Specialty Insurance & Services, Inc. P tY 142 North Main Street Roanoke, Indiana 46783 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. INSURED Special Olympics, Inc., All Special Olympics Accredited U.S. Programs 1133 19th Street NW Washington, DC 20036 SPECIAL OLYMPICS TEXAS, AREA 20 10223 MCALLISTER FREEWAY SAN ANTONIO, TX 78216 INSURERS AFFORDING COVERAGE INS. A: Philadelphia Indemnity Insurance Company INS. B: INS. C: CERT NUMBER: 1000631715 THIS S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERT FICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITION OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS LTR POLICY TYPE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GL PHPK277981 12/31/2007 12:01 a.m. 12/31/2008 12:01 a.m. General Aggregate 5,000,000 Products - Completed Operations Aggregate 1,000,000 Personal and Advertising Injury 1,000,000 Each Occurrence 1,000,000 Damage to Premises Rented to You (Any One Premises) 100 000 Medical Expense Limit (Any One Person) Excluded A AUTO PHPK277981 12/31/2007 12:01 a.m. 12/31/2008 12:01 a.m. Non - Owned /Hired Auto Liability 1,000,000 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS - The Hired Auto Physical Damage limit conta ns a $1,000 collision deductible and a $100 other than collision deductible (for commercially rented vehicles only). Nonowned and Hired Auto (NOHA) liability is excess of any valid and collectible insurance. - The Certificateholder is only an Additional Insured with respect to liability caused by the negligence of the Named Insured as per Form PI -AM- 002 - Additional Insured- Certificateholders, as respects to the SPECIAL OLYMPICS TEXAS, AREA 20, BAY BALL BALLYHOOP AT MEMORIAL COLISEUM from July 25, 2008 through July 27, 2008. - Coverage for property you rent or occupy, property loaned to you and property in the care, custody, or control of the Insured, $100,000 limit subject to a 52,500 deductible per loss, excluding watercraft, aircraft, and autos. CERTIFICATE HOLDER CANCELLATION CITY OF CORPUS CHRISTI ATTN: MICHELE C. THOMAS MCCAMPBELL HOUSEM 1501 CHAPARRAL STREET, PO BOX 9277 CORPUS CHRISTI, TX 78469 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Oatilaille, Q i1,A/ Art Texas The City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 The 19eh annual Pepsi Bay Ball Ballvhoop, benefiting over 1.000 Special Olympics Texas Athletes in Corpus Christi and the surrounding area, is coming to the Memorial Coliseum parking lot on July 26 -27, 2008. Over 500 players and spectators will participate in this 3 -on -3 street basketball tournament. f would like to request approval to use the Memorial Coliseum parking lot and to close Park Avenue between South Shoreline Boulevard and Ocean Drive. as designated in the attached Diagram 1. Thank you for your support! Sinc.crely. Shac Freeman -Hicks Special Olympics Texas 5858 South Padre Island Drive. Suite 89 Corpus Christi, TX 78412 Phone: 210.530.9898 Fax: 210.530.9896 Cell: 210326.4921 -84- 10 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for youth recreation programs. ISSUE: The Interlocal Agreement between the City of Corpus Christi and Corpus Christi Independent School District will allow the City to provide transportation to scheduled field trips during the Latchkey Summer Camps, Summer Youth Programs, and Fun Kids program at Recreation Centers. REQUIRED COUNCIL ACTION: The City Council is required to approve all interlocal governmental agreements. PRIOR COUNCIL ACTION: The City Council approved an Interlocal Agreement between the City of Corpus Christi and the Corpus Christi Independent School District for Transportation on June 12, 2007. FUNDING: No additional funding required. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve this Interlocal Governmental Agreement with the Corpus Christi Independent School District. Attachments: Background information -87- BACKGROUND INFORMATION The City of Corpus Christi Parks and Recreation Department currently operates 14 summer program sites for youth ages five (5) to 13. Field trips to local areas of interest such as swimming pools, bowling alleys, movie theatres, and local museums are a significant portion of each summer program. In order to transport participants on the field trips, the department contracts with local school districts to provide buses and drivers for each trip. Previous contracts have been signed with both Corpus Christi and Flour Bluff School Districts. CCISD school buses are utilized because the majority of the Department's summer programs are operated out of CCISD elementary campuses. The contract under consideration is with the Corpus Christi Independent School District (CCISD) Transportation Department for a fixed fee of $2.50 per mile and provides District employed school bus drivers at a fixed rate of $20.00 per hour to transport the Summer Program participants from their respective campuses to various local activity sites. CCISD offered the most competitive price and most accommodating terms for this summer's program. The estimated cost of this contract is $20,000. The funds are available in the General Fund Latchkey (13405) and Summer Program (13310) budgets. -88- RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT TO PROVIDE TRANSPORTATION SERVICES FOR YOUTH RECREATION PROGRAMS 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 Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for youth recreation programs. A copy of the agreement is attached. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: June 2, 2008 Lisa AguilaEJ Assistant City Attorney For City Attorney —89— Henry Garrett Mayor Corpus Christi, Texas of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon —90— INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home rule municipal corporation (City), and the Corpus Christi Independent School District (District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring a summer recreational program for elementary school age children using several of Districts school campuses, a Flour Bluff Independent School District school campus, and Housing Authority sites, and the City also sponsors a Weed and Seed recreation program as well as a youth recreation program during the term of this Agreement for school age children, (hereinafter, collectively referred to as the Summer Program); WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field trips for its Summer Program participants; and WHEREAS, the District agrees to provide to the City a sufficient number of District owned school buses, including school buses accessible as required by the Americans with Disabilities Act ( "ADA "), for a fixed fee of $2.50 per mile and provide District - employed school bus drivers at fixed rate of $20.00 per hour to transport the Summer Program participants from their respective campuses to the various activity sites. NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained herein, agree as follows: 1. Term. This Agreement begins June 16, 2008 and ends August 7, 2008. 2. Services to be provided. District shall provide its District school buses (including ADA accessible school buses) and District - employed school bus drivers as needed by the City for transportation for City Summer Program field trip activities. 3. Consideration. The City shall pay the District $2.50 per mile for each mile traveled from the District's bus barn to the activity site and back to the District's bus barn. Additionally, the City shall pay the District for District - employed school bus driver services performed at rate of $20.00 per hour on a prorated basis. These payments shall be full compensation to the District for the costs of the school buses, the fuel to run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related costs and expenses to the District. H:\PR- DIR\SHAREDAGENDA ITEMS \COUNCIL MEETINGS \ 2008\ 06 -106 IBD INTERLOCAL_TRANSPORTATION AGREEMENT_LISA.DOC 4. Billing. The District shall bill the City on a monthly basis. City shall pay the bill within two Fridays after receipt of the bill out of current City revenue. 5. District Bus Maintenance. The District will maintain its buses at its bus maintenance facility during the term of this Agreement as a part of the consideration. 6. District Bus Drivers. The school bus drivers assigned by the District to provide services under this Agreement shall be District employees for all purposes. The school bus drivers are not City employees for any purpose. 7. Coordination. The City's Director of Park and Recreation, or designee, shall place a weekly order with the representative from CCISD, or their designee, for the number of buses needed, the sites at which the buses are needed, the address of the activity to be undertaken from each site, the time at which the buses must arrive at each site to pick up the various program participants, and the time at which the buses must arrive at each activity site to pick up the various program participants to return them to their respective sites. 8. Governmental Service. This Agreement is between the City and the District for the purpose of providing transportation between the various Summer Program, Weed and Seed, and youth recreation program sites and activity sites. 9. Insurance. District agrees to provide following insurance and name City as additional insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees to provide worker's compensation coverage as required by law. In the alternative if District is self insured, District may provide City Director of Parks and Recreation with a letter confirming self insurance coverage in accordance with applicable law. 10. Current Revenue. All money spent for transportation for the Summer Program, Weed and Seed, and youth recreation program participants through this Agreement must be spent out of currently available revenue of the City and the District. 11. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in writing and signed by persons authorized to make such agreements on behalf of the respective party. EXECUTED IN DUPLICATE on the day of 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary George K. Noe City Manager H:1PR- DIRI SHARED \AGENDA ITEMSCOUNCIL MEETINGS\ 2008106 -10.09 1'JSD INTERLOCAL TRANSPORTATION AGREEMENT_LISA.DOC CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: Name: Title: Date: May 23, 2008 • Chief Financial Officer H:\PR- DIR'SHARED\AGENDA ITEMS \COUNCIL MEETINGS \2008\06- 11(9\PL D INTERLOCAL_TRANSPORTATION AGREEMENT_LISADOC 11 AGENDA MEMORANDUM City Council Action Date: June 10, 2008 SUBJECT: Wood River Lift Station Upgrades and Force Main Extension (Project No. 7148) AGENDA ITEM: A. Motion authorizing the City Manager or his designee to execute a construction contract with SER Construction of Pasadena, Texas, in the amount of $861,493.20 for the Wood River Lift Station Upgrades for Total Base Bid "A." B. Motion authorizing the City Manager or his designee to execute a construction contract with Big State Excavation of Corpus Christi, Texas, in the amount of $1,372,420.00 for the Wood River Lift Station Force Main Extension for Total Base Bid "B." ISSUE: This project was developed in two parts for the Wood River Lift Station upgrade and a new 12,850 LF 16" PVC force main. These improvements include critical lifecycle improvements lift station age and upgrades to meet the growth and development in the area. The proposed improvements under Part A include replacement and upgrade of the Wood River Lift Station pumps, piping, electrical system and controls, new odor control and other improvements. Part B includes the construction of a new larger diameter force main and extends the force main from the lift station to a deeper point along the gravity line near Hearn Road Circle east of U.S. 77. The project has bid and Council approval is needed in order to begin construction. FUNDING: Funding for this project will come from the Wastewater Capital Improvement Budget FY 2008. RECOMMENDATION: Staff recommends approval of the motions as presented. LinkFoster Crowell Director of Wastewater Services Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Actions Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map - �I� 2.4 T-- Kevin R. Stowers Interim Director of Engineering Services 11:11OME \Retlrelle \GEN1Wastewater17148 -Wood River LS Upgrades \CanstruclioQ\9erde Meaw.daa AGENDA BACKGROUND INFORMATION SUBJECT: Wood River Lift Station Upgrades and Force Main Extension (Project No. 7148) PROJECT DESCRIPTION: This project provides for critical lifecycle improvements lift station age and upgrades to meet the growth and development in the area. The project was developed and bid in two parts, Base Bid "A" for the Lift Station work and "8" for the Force Main portion to increase the opportunities for contactors and competition. • Base Bid "A" provides replacement and upgrade of the Wood River Lift Station piping, electrical system and controls, new SCADA, three new submersible pumps, valves, and other improvements including demolition of the existing lift station. The upgrades include state -of- the -art odor control equipment and new mixed flush valves that eliminate pump blockage and extend the life of the proposed pumps. The work also includes new lift station perimeter fencing with electronic access control gates for increased security. • Base Bid "B" provides the construction of a new 12,850 LF 16" PVC diameter force main. The new force main replaces the existing 8" line and extends the force main from the lift station to a deeper point along the gravity line near Hearn Road Circle east of US 77. Directing the flows to this downstream location also improves the existing collection system flow and capacity within the existing Allison Treatment Plant basin. The force main work also includes three TXDOT crossings under FM 624, CR 69, and US 77 that will utilize dry-bored steel casings. Additive Alternate 1 provides for alternate pipe line materials for HDPE pipe in lieu of PVC. BID INFORMATION: On May 7, 2008, the City received proposals from a total of nine bidders (see Exhibit "B" Bid Tabulation). Five contractors submitted bids on Base Bid "A" and eight contractors submitted bids on Base Bid "B ". Four contractors bid on both Base Bid "A" and Base Bid "B ". Special Provision A-4 of the bid documents states that the City intends to award the contract to single or multiple contractors within the available project funding and most advantageous to the City. City staff and the consultant, HDR- Shiner Moseley & Associates Inc., recommend the contract be awarded to two separate contractors: • Base Bid "A" for Lift Station Upgrades to SER Construction in the total amount of $861,493.20; and • Base Bid "B" for the Force Main Extension to Big State Excavation in the total amount of $1,372,420. Additive Alternate 1 is not recommended for the additional $321,000. CONTRACT TERMS: Part A provides 225 calendar days. Part B provides 300 calendar days. EXHIBIT "A" Page 1 of 1 —98— PRIOR PROJECT ACTIONS SUBJECT: Wood River Lift Station Upgrades and Force Main Extension (Project No. 7148) Prior Project Actions have included: PRIOR COUNCIL ACTION: 1. October 21, 2003 — Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with HDR Engineering for a total fee of $236,332 for the Wood River Lift Station and Force Main Upgrade. (Motion No. 2003 -375) 2. December 18, 2007 — Ordinance approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900. (Ordinance No. 027546) 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. 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. January 12, 2006 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with HDR Engineering in the amount of $21,106 for a revised total fee of $257,438 for the Wood River Lift Station and Force Main Upgrade. —99— 1-I HOIAFlNA1 ,w11MflPMWncmnslo,7lAA.Wnnd Ph.. 1 S 11m.atee'Cnneln✓linnlPrin. mdinne tine. EXHIBIT "A -1" Page 1 of 1 CO CC 0 CC 0 \ k( )/ / tu Pegs 1 011 SIC Construction, LP. P.O. Box 639 Conroe. Texas 77305 )\k g I6 #e No Bid No Bid _,. is1 I�| UNIT PRICE 1 AMOUNT No Bid 1,624.241.30 1 640 303 Bn No Bid No Bid — R.S. Blank Civil Contractors, Inc. P.O. Boa 6218 Corpus Christi, Taxes 76466 $923,360.00 No Bid No Bid 923,360.00 No Bid �n Big State Excavation Inc. 5531 Kuykandahl Ste. 280 Houston, Texas 77090 $934,100.00 1,372,420.00 321,250.00 2,306,520.00 52,627,770.00 8 §@# k §§ SER Construction Partners, LTD 3036 Pasadena Blvd. Pasadena, Texas 77503 UNIT PRICE 1 AMOUNT 1 2 417 217.20 52853,657.20 WOOD RIVER LIFT STATION UPGRADES AND FORCE MAIN EXTENSION PROJECT NO. 7148 B8 A - WRLS Upgrades - Items Al Through Alb B8 B - WR Force Main Extension - Items 81 though 619 BBB wl AA -1 - HDPE ALTERNATE - Items AA -1 'TOTAL BASE 610 DESCRIPTION for SINGLE CONTRACT AWARD BB A +BB B BBA +BBB +AA -1 u | �f 3 UNIT PRICE 6 . m co /2 13 0 co co 03 o |. !§ 2 ! u. ;! 000 to on co 0 I- § a. re § § o3 co 03 M ; ) ) ea to a. 0 0 2( kIt \\ 0 \ 11 k 'F 1! | sa #k :e.Rea..ea......■ ■■2§# �� # :§� #N■#■!§ ;|§#! X ;`\ §� �aa4 # # -■ r 156.00 222,000.00 54,000.00 11,500.00 137,000.00 ,.e;.a$ !k## .�r�£!., ■#4! 144,UA.UU 94,000.00 14,000.00 7,500.00 Austin Engineering Co. , Inc. P.O. Box 342348 Austin. Texas 78734 UNIT PRICE ANOURT i #! . !. 5,000,00 22,800.00 5,000.00 21,700.00 250,000,00 56,000.00 26,000.00 131,000,00 U „ 00'000'6 000S2'291, 588 (## 3“ 88 is §## i , @88 $Fi § § §§ § §# l. =..l aass$8 #!#§ :-�� ## 1 UMT PRICE 1 AMOUNT aasaaswasaa (//[ |(77/ /( @easswa■ §77$§ §| s 2 3,000.00 25.00 4,000.00 160.00 195,000.00 57,000.00 30,000.00 140,000.00 nM ee...e: g.,� RS. Black CMI Contactors, Inc. P.O. Box 6218 Corpus Christi, Texas 78468 UNITPRICE AMOUNT_ 3,000.00 4,560.00 1,000.00 16,800.00 194,000.00 52,000.00 21,000.00 96,000.00 3 I1011M 888888888 § ® §§ §§ §§# , ;,� SER Construction Partners, LTD 3838 Pasadena Blvd. Pasadena, Texas 77503 UNIT PRICE 1 AMOUNT 10,000.00 5,776.00 4,370.00 25,046.00 186,829.00 55,200.00 4,720.80 141,673.10 7,902.80 813,000.00 10,000.00 38.00 4,370.00 178.90 186,829.00 55,200.00 4,720.80 WOOD RIVER LIFT STATION UPGRADES AND FORCE MAIN EXTENSION PROJECT NO. 7148 § § ' ‘ |§ : &,,ea! LS . ;_: Ilu - FART A: W000 RIVER LIFT STATION UPGRA Demolition of Existing Lift Station Site Grading 1 -112" HMAC Asphalt Paving Landscaping 8' High Concrete Panel Fence Lift Station Electrical SCADA Amass Control I Back -up Generator Electrical Transformer • :zg M I „ ;; 11 k 0 0 m 0 0 0 0 7 w m 0 0 g -w E w m0 = 0 z w 0 a J 0!: r2 SSo' i UNIT PRICE'^1 AMOUNT k can 8888880088888.888880 c o c o 0 0 o d 6 0 0 o c o 6 o e N '8888888 o 0 0 0 0 0.00 0.00 0.00 issaas888 , o 0 o 0 o 0 e o Id 0 e. F F. ^a c] UNIT PRICE 1 AMOUNT NO RIO ss.s.saasssas0assasa= S o 0 0 0 0 0 o o o 0 0 0 0 o o o o a 88888888888.8888888 ow 0 0 o 0 0 0 0 0 0 0 o o o e o 0 o d a e S I I o38888888888888888.8,8,8 UNIT PRICE 1 AMOUNT NO BID 88888888888888888$8 o 0 0 0 0 0 0 0 0 6 0 0 0 0 0 0 o w 11 & G Contractors, Inc. 1225 So. Mineral Rd. Corpus Christi, Texas Ta409 88.8880888888808888! 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o w 000000008.000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 WOOD RIVER LIFT STATION UPGRADES AND FORCE MAIN EXTENSION PROJECT NO. 7148 J J N 5 J J J J W 5 J w 5 2 J J J J N m DESCRIPTION IID - PART A: WOOD RIVER LIFT STATION UPGRA Demolition of Existing Lift Station ,Site Grading '.1 -1/2" HMAC Asphalt Paving Landscaping B' High Concrete Panel Fence Lift Station Electrical SCALIA Access Control Backup Generator Electrical Transformer Ultrasonic Flow Measuring Equipment Submersible Wastewater Pump e S 0 L 3 LL 2 Control of Wastewater Flows Modular Odor Control System Site Piping for Odor Control Electric Site Work for Odor Control Allowance for Electrical Service 1 Part 'A' (Items Al through A18) W.. m 2Pa 22 ^a 22 a' aa'a'a'a'a 22 • ,m i IEXHIBIT "B" Paae 3 of 5 1) 0 0 0 0 0 a 0 U 0 a. 0 2 m CO U O_C � N 7 2 F W 0Z 0 z Z W 0 1- Z w a 0 0 0 1- cc a w 8 ei 00 0 8 8 8 8i om 8 ry t 0 N O 2 0 & s 0 8 0 3 1 tki p8 n IEXHIBIT "B" Paae 4 of 5 8888$ gg „ p8 M25�7 n g8g8 of Q8Q 8888E u v n t 6 g E 2 W ml ml ml mlm m CD m m m N. p @4'T m q 0 1- cc a w 8 ei 00 0 8 8 8 8i om 8 ry t 0 N O 2 0 & s 0 8 0 3 1 tki p8 n IEXHIBIT "B" Paae 4 of 5 w m cc U j 0. 0 U LL 0 D N O a J U' Q m ~W 2 w Z W 0 w 5 0 0 R.S. Black ChM Contractors, Inc. P.O. Box 1211 Corpus Christi. Texas 78400 UNIT PRICE 1 AMOUNT NO BID 50.00 0.00 88888888888888888$ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o M 888888888888888.8888 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 Apeak Construction Inc. P.O. Box 640 Asacoco, u 714034040 88O m_ 88888 8 N Q 108,870.00 185.250.00 8pp8888p.8888SS8 SO a 5 m 55 M 8 C § O 8- 8 N 123.00 6,500.00 a n n 8 8 O 8 8 8 Salinas Construction Technologies 3734 FM 3006 Pleasanton. Tests 78064 UNIT PRICE 1 AMOUNT 1 S8 8 O 0 p' 8 8 OI O N P 8 y8� N 1� n' 97,410.00 _170,300.00 8 N A �8. l0 YI 8. 8 N m O N 8.88 O 0 O m 12.850.00 7,200.00 8 8 O �D N 88 1 yO w g S N G S8 8O, O m G p p0 8888.8 m O G C N YI C G 088.88. N YNI C 8 C m G N CI 17.50 26.00 C C 08080080 ' O) G G O A G O Austin Engineering Co. , Ina. P.O. Box 342349 Austin, Texas 75734 q8 § 8 i 8 1,252,875.00 42,700.00 8Q88888 g$ O' ggw m 0 A m 27,500.00 I 13,350.00 888858A888848 '�n'�8252525 ry i6 ° m m m 565,1X0.00 20,000.00 5388888SS8� m88$m�N m N r mm 12.00 55.00 1.00 700.00 8.8.8 4l § g WOOD RIVER LIFT STATION UPGRADES AND FORCE MAIN EXTENSION PROJECT NO. 7148 J J J W Q J J J J J W J J J W J J -- 0) A N o m cN i- R N§ R § O W. DESCRIPTION IID - PART 8: WOOD RIVER FORCE MAIN EXTENSI a0 0> 8 $ € z o p. E 0 0 €3 e a 116" PVC Sanitary Sewer Force Main IAIr Release Valve FRP Manhole Installation 0130" Steel Casing- FM 624 Installation of 30" Steel Casing- FM CR69 Installation of 30" Steel Casing - FM U577 $ 0 : $ c 18' PVC Sanitary Sewer Rehab 0155 MN Grout existing 8" San FM Remove existing 8" San FM Repave existing 24" VCP San Sewer Trench Safety for Excavations Trench Safety for Manholes Traffic Control Measures Miscellaneous Driveway Repair IAllowence for relocation of utilities J Pad '8' (Items 81 through 819) F m m 0mw"a`5 m co. mm m m y 7114 jpiO`mm z rc 0 G 8 00 ca 8 O N 08 eD n n � a w 2 N o b o0 8 0 J 0 To gs 0 z O 9 0 E nE sa ul 0 x va to �y WOOD RIVER LIFT STATION UPGRADES AND FORCE MAIN EXTENSION (PROJECT NO. 7148) PROJECT BUDGET June 10, 2008 FUNDS AVAILABLE: ESTIMATED BUDGET (Wastewater CIP Fund 1 $ 2,895,455.58 FUNDS REQUIRED: —1 0 5— EXHIBIT "C" Page 1 of 1 Construction Cost: $ 2,233,913.20 SER Construction - $861,493.20; Big State Excavation - $1,372,420.00 Construction Contingencies 223,391.32 A/E Consultants (HDR Engineering) 257,438.00 Construction Inspection 89,356.53 Engineering Reimbursements 67,017.40 Finance Reimbursements 22,339.13 Incidental Expenses (Printing, Advertising, etc.) 2,000.00 Total $ 2,895,455.58 —1 0 5— EXHIBIT "C" Page 1 of 1 File \ Mproject \councilexhibits \exh.7148 dwg LIFT STATION LOCATION (A) s RFD R7 F.M. 624 FORCE MAIN EXTENSION (B) 0 W 1 v RIVE RIVER HILLS COUNTRY CLUB IVER ROCK D rn c U C3 [r) CITY PROJECT No. 7148 CALLICOATTE LOCATION MAP NOT TO SCALE 0 W —J 0 EXHIBIT "D" WOOD RIVER LIFT STATION UPGRADES AND FORCE MAIN EXTENSIO! °6- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05 -28 -2008 =Mr OWN OW MO WOO 12 AGENDA MEMORANDUM DATE: June 10, 2008 SUBJECT: Master Channel 27 Improvements (Project 2263) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 11 with Ramos Industries, Inc., of Pasadena, Texas, in the amount of $393,450.15 for the Master Channel 27 Improvements project for U.S. Army Corps of Engineer mitigation work. ISSUE: The Corps of Engineers requires mitigation measures to be completed as compensation for disturbance of wetlands associated with the ouffall construction being undertaken as part of Master Channel 27. Council approval of the Change Order to provide the mitigation is required. RECOMMENDATION: Approval of the motion as presented. Kevin R. Stowers Valerr ay, P. Director of Storm Water Services Interim Director of Engineering Services Attachments: a. Additional Information b. Change Order Summary c. Site Map H: W OM E \KEV INS \GEN \STORM WAT\2263MasterChannel27 \C011 AW DMemo.doc —109— ADDITIONAL INFORMATION SUBJECT: Master Channel 27 Improvements (Project 2263) CHANGE ORDER No. 11: The change order provides for the required mitigation consisting of: • Harvesting, stockpiling and maintaining viable wetland sod /vegetation in accordance with Corps of Engineers Permit No. 24328; • Replant stockpiled viable wetland sod /vegetation in accordance with Permit No. 24328 after construction is complete; • Provide 4 -stand barged wire fence to protect the newly created wetland area; and • Demobilize and remobilize to project site due to result of wetland mitigation plan. The change order summary is attached. See Exhibit B. PROJECT: The project as being constructed extends Master Channel 27, and enlarges its drainage service area. This will alleviate flooding by reducing the areas served by the Mary Carroll Channel and Master Channel 31. The project will result in Master Channel 27 beginning at Cimarron Boulevard with the Cimarron Outfall and discharging into Cayo del Oso. BACKGROUND: Continued development on the south side required a reassessment of drainage requirements for the area. Currently, three major storm water channels service this area - -the Mary Carroll Channel and Master Channels 20 and 31. These channels are conveying storm water flows beyond their respective capacities and are limited, from 5 -year (ditch) and 25 -year (structures) storm events resulting in frequent flooding. As a result of the Cimarron Boulevard hydraulic analysis, it was determined that the 1961 Storm Water Master Plan for the area required modification of Master Channel 27 to alleviate flooding. Increasing the Master Channel 27 service area would allow the drainage areas for the Mary Carroll Channel and Master Channel 31 to be reduced. This will result alleviate flooding and reduce the frequency and severity of future flood events. Master Channel 27 Improvements will provide the capacity to accommodate a 100 -year flood event. The channel is designed with 4:1 side slopes to facilitate maintenance and mowing of the channel. The channel design also provides a concrete pilot channel to facilitate low flow conditions and to minimize maintenance. PRIOR COUNCIL ACTION: September 20, 2006 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to the Contract for Professional Services with Maverick Engineering in the amount of $1,143,024 for a restated total fee of $3,028,719 to add Master Channel 27 Improvements to the Engineering Contract for Cimarron Boulevard. (M2006 -324). EXHIBIT "A" Page 1 of 2 —1 1 0— March 27, 2007 - Motion waiving an irregularity and authorizing the City Manager, or his designee, to execute a Construction Contract with Ramos Industries, Inc. of Pasadena, Texas in the amount of $10,356,062.70 for the for Master Channel 27 Improvements projects for the Base Bid and Additive Alternates No. 1, 3 and 4 (M2007 -087). May 29, 2007 — Motion authorizing the City Manager, or his designee, to execute a Construction Management Services Contract with Anderson Group Construction Management Company of Corpus Christi, Texas in the amount of $199,350.00 for the Master Channel 27 Drainage Project (M2007 -137). PRIOR ADMINISTRATIVE ACTION: February 9, 2007 — Award of a geotechnical services contract to Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $3,800.00 for the Master Channel 27 Improvements. September 21, 2007 — Administrative award of Change Order No. 1 in the amount of $23,625.00 to Ramos Industries, Inc. of Pasadena, Texas for October 1, 2007 - Administrative award of Change Order No. 2 in the amount of $11,945.05 to Ramos Industries, Inc. of Pasadena, Texas for October 4, 2007 - Administrative award of Change Order No. 3 in the amount of $21,138.00 to Ramos Industries, Inc. of Pasadena, Texas for October 15, 2007 - Administrative award of Change Order No. 4 in the amount of $24,922.00 to Ramos Industries, Inc. of Pasadena, Texas for March 13, 2008 - Administrative award of Change Order No. 5 in the amount of $24,500.00 to Ramos Industries, Inc. of Pasadena, Texas for March 18, 2008 - Administrative award of Change Order No. 6 in the amount of $18,420.20 to Ramos Industries, Inc. of Pasadena, Texas for May 16, 2008 - Administrative award of Change Order No. 7 in the amount of $22,800.00 to Ramos Industries, Inc. of Pasadena, Texas for clearing concrete and rubble at the new South Guth Park. May 22, 2008 - Administrative award of Change Order No. 8 in the amount of $23,800.00 to Ramos Industries, Inc. of Pasadena, Texas for clearing and placing fill dirt for the South Guth Park relocation. May 28, 2008 - Administrative award of Change Order No. 9 in the amount of $24,700.00 to Ramos Industries, Inc. of Pasadena, Texas for clearing and placing fill dirt for the South Guth Park relocation. June 4, 2008 - Administrative award of Change Order No. 10 in the amount of $14,250.00 to Ramos Industries, Inc. of Pasadena, Texas for clearing and placing fill dirt for the South Guth Park relocation. FUTURE COUNCIL ACTION: Council award of any necessary change orders. FUNDING: Funding for the change order is available from the Storm Water Commercial Paper Program. EXHIBIT "A" Page 2 of 2 —111— Department of Engineering Services Change Order Summary Sheet May 29, 2008 PROJECT: Master Channel 27 Drainage Improvements Project No: 2263 APPROVED: City Council on 3/27/07- Motion No. M2007 -087 CONTRACTOR: Ramos Industries, Inc. 3636 Pasadena Blvd. Pasadena, TX 77503 TOTAL CONTRACT AMOUNT $10,356,062.70 25% Limit Amount 2,589,015.67 Change Order No. 1 (9/21/07) 23,625.00 Change Order No. 2 (10/1/07) 11,945.05 Change Order No. 3 (10/4/07) 21,138.00 Change Order No. 4 (10/15/07) 24,922.00 Change Order No. 5 (2/19/08) 24,500.00 Change Order No. 6 (2/28/08) 18,420.20 Change Order No. 7 22,800.00 Change Order No. 8 (5/22/08) 23,800.00 Change Order No. 9 (5/28/08) 24,700.00 Change Order No. 10 (6/04/08) 14,250.00 Change Order No. 11 (6/10/08) 393,450.15 Total 603,550.40 = 5.83% < 25% -1 1 2- Exhibit B Page 1 of 1 CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO: 11 FUNDING SOURCE: 5509I0.3492- 00000 - 170578 CONTRACT TIME: 392 C.D. Operating Department: Storm Water Department Name of Project: Master Channel 27 Drainage Improvements - P.R. 2263 Contractor: DATE: June 10, 2008 Ramos Industries, Inc. CHANGE Add the following items to the contract: A71. Harvest, stockpile & maintain viable wetland 5202,410.45 sod/vegetation in accordance with the Dept. of the Anny Permit No. 24328 - (1 L.S. @$202,410.45/L.S.) A72. Replant stockpiled viable wetland sod/vegetation in $143,909.70 accordance with Permit No. 24328 after construction is complete - (I L.S. @$143,909.70/L.S.) A73. Provide 4- strand barbed wire fence to protect the newly $23,630.00 created 4.0 acre wetland area - (1 L.S. Qa $23,630.00/L.S.) 1 Demobilize and re- mobilize to the MC27 project site, due to $23,500.00 the result of planning for the wetland mitigation plan (1 L.S. (4$23,500.00/L.S.) AIM TOTAL NET: $393,450.15 DEDUCT Why was Ibis change necessary? (11 left off the plans and specifications, explain why? Receipt of the Anny Corps. Of Engineers Permit was after project bid and thus the required wetland mitigation plan was not included in the contract documents. How can similar changes be avoided In the future? Unavoidable due to unknown permit requirements A. CONTRACT PRICE ' $ 10,356,062.70 B. TOTAL CHANGE ORDER (inc. current) $ 603,550.40 C. NEW CONTRACT PRICE $ 10,959,613.10 D. THIS CHANGE ORDER 393,450.15 E. PERCENT TOTAL CHANGE (B /A) 5.83% F. PREVIOUS TIME AUTHORIZED 0 C.D. G. ADDN'L CONTRACT TIME THIS CHANGE ORDER 80 C.D. H. TOTAL ADDITIONAL TIME 80 C.D. CITY OF CORPUS CHRISTI, TEXAS By: Director of Engineering Services APPROVED: Operating Department Dlr. of Management & Budget Legal Department — 1 1 3— Project Manager By: cs vv Title: '- -1-1., Exhibit B Page 2 of 2 /Una vee v 0 00 1 %OCC00 \0��00� OOlammust AIRLINE RD OMMPIra 13 AGENDA MEMORANDUM Citv Council Action Date: June 10, 2008 SUBJECT: Street Overlays Bond 2008 Cluster 1 — Coym, Rehmet & Gutierrez Engineering, LP (Project No. 6446) Cluster 2 — LNV Engineering (Project No. 6447) Cluster 3 — RVE Inc. (Project No. 6448) AGENDA ITEM: A. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, LP, of Corpus Christi, Texas, in the amount of $72,965 for a revised fee of $120,200 for the Street Overlays Cluster 1. B. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $70,660 for a revised fee of $115,610 for the Street Overlays Cluster 2. C. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with RVE Inc. of Corpus Christi, Texas, in the amount of $52,890 for a revised fee of $97,530 for the Street Overlays Cluster 3. ISSUE: A total of 17 streets throughout the City have been selected to be repaired using a hot - mix - asphalt- concrete (HMAC) overlay. They will also receive asphalt surface milling, base repairs where required, curb and gutter repairs, manhole and valve box adjustments, traffic controls and new pavement markings. The streets were selected using the following criteria: > the existing Street Condition Index as determined by the Street Department; > the current and projected traffic volume; > project cost and lifecycle considerations to extend the streets' service life and ride quality for an additional 10 to 12 years; > existing drainage and curb and gutter conditions; and > coordination with other City projects regarding traffic impacts and congestion. FUNDING: Funding for this project will come from the $9 million issued in tax notes for street maintenance and overlays as approved by the City Council on April 8, 2008. RECOMMENDATION: Staff recommends approval of the motions as presented. Kevin R. Stowers Interim Director of Engineering Services H:WOMEgtechelle\GEMStreels16446 -Street Overlays Cluster 11Agenea Materialsygan7 Memo doc Additional Support Material: Exhibit "A ": Background Information Exhibit "A -1 ": Prior Actions Exhibit "B ": Location Maps AGENDA BACKGROUND INFORMATION SUBJECT: Street Overlays Bond 2008 Cluster 1 — Coym, Rehmet & Gutierrez Engineering, LP (Project No. 6446) Cluster 2 — LNV Engineering (Project No. 6447) Cluster 3 — RVE Inc. (Project No. 6448) PROJECT DESCRIPTION: A total of 17 streets throughout the City have been identified as needing to be overlaid with 1'W to 2" hot - mix - asphalt- concrete (HMAC) because the existing pavement is in a distressed condition. The improvements will consist of milling the existing asphalt pavement, limited pavement repair, hot - mix - asphalt- concrete (HMAC) overlay, valve and manhole adjustments, and limited curb repair and pavement markings. All improvements are located within the existing rights -of -way. The original small consultant contract to each of the three consultants was authorized for the consultants to begin site investigation. Coym, Rehmet & Gutierrez Engineering is the lead consultant on this project in order to expedite the bidding and construction process. STREETS TO REPAIRED: The list of streets and consultants is as follows: Covm, Rehmet & Gutierrez Engineering, LP — Cluster 1 Streets • River Hill Drive — FM 624 to Dead End • Wandering Creek Drive — Leopard Street to Turkey Creek Drive • Wildcat Drive — FM 624 to Teague Lane • Carancahua Street — Hancock Avenue to Morgan Avenue • Louisiana Parkway (N) — Santa Fe Street to Alameda Street • Louisiana Parkway (S) — Ocean Drive to Santa Fe Street • Louisiana Parkway (S) — Santa Fe Street to Staples Street • Robert Drive — Gaines Street to Alameda Street • Flynn Parkway — Bonner Drive, Philippine Drive to Holly Road LNV Engineering — Cluster 2 Streets • Nueces Bay Boulevard — Up River to IH -37 • Tarlton Street— Greenwood to Washington • Up RiverRoad — Nueces Bay to Palm Dr. • Morgan Avenue— Crosstown to Baldwin • Baldwin Boulevard— Airport Road to Agnes RVE, Inc. — Cluster 3 Streets • Trojan Drive— Greenwood to Crosstown Expressway • Airline Road — Ocean Drive to Alameda • Commodores — PR 22 to Aquarius AMENDMENT NO. 1 DESCRIPTION: Each of the three amendments to the consultants' Contracts for Professional Services consists of the following tasks: —118 - HAHOMEg2achelle%GENl6treets1646 Street Overlays Cluster 11Agencla MaterialslAgentls Background.rloc EXHIBIT "A" L Page 1 of 3 1. The improvements will consist of milling the existing asphalt pavement, limited pavement repair, hot - mix - asphalt- concrete (HMAC) overlay, valve and manhole adjustments, limited curb repair and pavement markings. All locations involve existing rights -of -way. 2. Perform limited field investigation as sufficient to estimate quantities for HMAC overlays, curb and gutter repair and manhole and valve adjustments. 3. Attend and participate in project kick -off and three review meetings with City staff. 4. Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. 5. Prepare one (1) hard copy and one (1) electronic copy of the Preliminary Engineering Letter Report including data collected, pavement and base repair recommendations, surface and street preparations recommendations, typical cross - sections for each street and a Preliminary Opinion of Probable of Cost. 6. Review with City staff, revise and furnish one (1) hard copy and one (1) electronic copy of the Final Engineering Letter Report. The format for the report is as follows: Summary Streets Location Map (11" x 17 ") Typical Section For Each Street Opinion of Probable Cost 7. No public meetings are included in the scope of work. 8. Develop construction drawings in City standard format, however, sheets depicting street work will be plan view only, 1" = 50' scale. 9. Prepare Opinion of Probable Construction Costs including contingency amounts. 10. Prepare Special Provisions, Specifications and Forms of Contracts and Bonds. 11. Address comments received from the City for the pre -final (100 %) submittal. 12. Update the Opinion of Probable Costs. 13. Provide Bid Phase Services: a. Participate in the pre -bid conference and provide a recommended agenda for critical construction activities and elements impacting the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. —119 - H:\HOME Rachelle\GEMStreelst5446.sveet Overlays Cluster nAgenee MaterialslAgenda Backgroune.noe d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. The City staff will: a. Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b. Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c. Receive the Consultant's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d. Prepare, review and provide copies of the contract for execution between the City and the Contractor. 14. Construction Phase Services are not included in the scope of work covered by this Amendment. Scope of Construction Phase Services to be determined. '15. Prepare monthly progress reports for submittal to the City. Monthly progress reports shall be submitted by the 5th of each month. ADDITIONAL SERVICES: None CITY- PROVIDED DATA 1. Record Information 2. Aerial photo strip maps for each street at 1 "— 50' scale. 3. Core borings to determine existing pavement and base thickness. —120— H: IHOME \RaWelle \GEMStreetsW99EStreet Overlays Cluster 1 Wgenda Materials\Agenda Beekground.doc EXHIBIT "A" Page 3 of 3 PRIOR PROJECT ACTIONS SUBJECT: Street Overlays Bond 2008 Cluster 1 — Coym, Rehmet & Gutierrez Engineering, LP (Project No. 6446) Cluster 2 — LNV Engineering (Project No. 6447) Cluster 3 — RVE Inc. (Project No. 6448) Prior Project Actions have included: PRIOR COUNCIL ACTIONS: 1. April 8, 2008 - Resolution approving the following projects to be funded through the issuance of Tax Notes: South Guth Ball Fields Relocation Project, Improvements to the Facilities with the Bayfront Arts and Sciences Park (which includes the American Bank Center, Museum of Science and History, Water Garden, Harbor Playhouse, and Art Museum of South Texas), Solid Waste Equipment, Street Equipment and Street Improvements. (Resolution No. 027649) PRIOR ADMINISTRATIVE ACTIONS: 1. May 15, 2008 — Administrative approval of a Small NE Contract for Professional Services with Coym Rehmet & Gutierrez Engineering, LP, in the amount of $47,235 for the Street Overlays Cluster 1 project. 2. May 27, 2008 - Administrative approval of a Small NE Contract for Professional Services with LNV Engineering in the amount of $44,950 for the Street Overlays Cluster 2 project. 3. May 27, 2008 - Administrative approval of a Small NE Contract for Professional Services with RVE Inc. in the amount of $44,640 for the Street Overlays Cluster 3 project. —121— H:\ HOMEIRachelle \GEMStreets16448.$treet Overlays Cluster 1\Agene9 MelerielsTdor Actions.doc EXHIBIT "A -1" Page 1 of 1 \ Mproject\ councilexhibits \ exh6446. dwg WANDERING CREEK DR— LEOPARD ST TO TURKEY CREEK DR FLYNN PARKWAY - BONNER DR, PHILIPPINE DR TO HOLLY RD CITY PROJECT No.6446 LOCATION MAP NOT TO SCALE EXHIBIT 'B' STREET OVERLAYS CLUSTER 1 BOND 2008 _122_ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 3 DATE: 05/26/2008 OM, 111111111 •••••• \Mproject \councilexhibits\ exh6447.dwg STREET OVERLAYS CLUSTER 2 BOND 2008 -123- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 3 DATE: 05/26/2008 NNW SPINS %Mv \Mproject \couneilexhibits\ exh6448.dwg N TROJAN OR— GREENWOOD TO TO CROSSTOWN EXPRESSWAY 24 CITY PROJECT No.6448 COMMODORES DR —PR 122 TO AQUARIUS LOCATION MAP NOT TO SCALE a EXHIBIT B' STREET OVERLAYS CLUSTER 3 BOND 2008 -124- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 3 of 3 DATE: 05/26/2008 14 AGENDA MEMORANDUM DATE: June 10, 2008 SUBJECT: Cefe Valenzuela Disposal Temporary Leachate System Expenditures AGENDA ITEM: A. Motion to ratify payments to Kuhn Crane Co. of Corpus Christi, Texas in the amount of $106,920 for rental of protective mats to support temporary leachate storage tanks at Cefe Valenzuela Landfill. B. Motion to ratify payments to Rain for Rent of Corpus Christi, Texas in the amount of $58,465.30 for rental of temporary leachate storage tanks and accessories at Cefe Valenzuela Landfill. ISSUE: The City incurred cost in the installation and operation of the temporary leachate disposal system mandated by TCEQ that has exceeded the authorized administrative authority. Council approval is required prior to incurring any further costs and to authorize payments exceeding the administrative limit. FUNDING: Funds are available from the Solid Waste Department FY2007 -2008 Operating Funds. RECOMMENDATION: Staff recommends approval of the motion as presented. /- C-7-7 / Jf Kevin R. Stowers Lawrence Mikolajczyk Interim Director - Engineering Services Interim Director of Solid Waste Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map H: HCME\ KEVINS\ GEMLANDFILL\ TempLeachateCharges\AwdMemo.doc —127— ADDITIONAL INFORMATION SUBJECT: Cefe Valenzuela Disposal Temporary Leachate System Expenditures EXPENDITURE DESCRIPTION: The expenditure provided for the rental of: • equipment mats; and • leachate storage tanks. The mats are heavy timbers designed to distribute the load of cranes or other heavy equipment across a large area. The mats provide support necessary to place the storage tanks and accessory equipment on the soil covering the disposal cell liner. The mats ensure the tanks and equipment do not sink into the soil potentially damaging the liner. This ensures additional costs will not be incurred to repair liner. The TCEQ Permit Modification approved on May 20, 2008 was mailed May 28, 2008 and received on Friday, May 30, 2008. Modifications required by the permit are not required to be complete prior to placing the leachate ponds in service. The mats and storage tanks were therefore removed after verification all underground piping was ready to accept leachate flows. The leachate detention ponds are now in service. No additional costs for these items will be incurred. BACKGROUND: Cefe Valenzuela Landfill was designed and built to utilize leachate evaporation ponds. The TCEQ permit listed a number of leachate disposal methods including evaporation ponds. However, the permit discussed and listed detail leachate detention tanks, treatment of leachate on or off site, and transportation to an offsite treatment/disposal site. Leachate detention ponds are superior to a tank detention /storage solution in a number of respects. Leachate detention ponds: • have a lower capital cost less than detention /storage tanks; • have a lower operating cost; • are less subject to accidents, spillage or other mishaps • allow for on an site disposal without a treatment facility; • avoid transport of leachate on public roads; • eliminate the cost of transport; • avoid cost of treating leachate; • conserve treatment capacity of existing plants; • conserves energy associated with transportation and treatment; • eliminates air pollution generated by transporting leachate. A Permit Modification request was not submitted prior to construction to clarify that evaporation ponds would be constructed in lieu of the tanks. TCEQ subsequently authorized the installation of a small temporary detention tank system pending approval of a permit modification. H:\ HOME\K EVINS\ GEMLANDFILL \TempLeachateCharges\AIZAAI A.doc Exhibit "A" Page 1 of 2 The City is pursuing cost recovery associated with the temporary detention tank system, and other costs associated with not being able to put the ponds into use upon opening the landfill. The Consultant has verbally agreed to compensate the City for the reasonable costs associated with the temporary leachate system. Their corporate office was notified, and established a reserve account for the claim. If the claim is settled prior to year end, this could result in a journal entry to reverse the expenditures. FUTURE COUNCIL ACTION: Council action may be required to accept the settlement agreement. FUNDING: The costs were paid by Solid Waste Department. The motion authorizes and ratifies the expenditures made pending finalization cost recovery. H:\ HOMEKEVINS\ GENVANDFILL \TempLeachateCharges\Awdt3t tdoc Exhibit "A" Page 2 of 2 \Mproject \councilexhibits \exh5225c.d 9 40 43 NUECES COUNTY F.M. 665 FM 2444 J.C. ELLIOTT LANDFILL CABANISS MELD F.M. 43 Ott F.M. 18 FRI 2444 CEFE F. VALENZUELA MUNICIPAL LANDFILL LOCATION MAP IT TO SCAL/ PROJECT NO. 5186 SITE LOCATION MAP NOT TO SCALE EXHIBIT "B" CEFE F. VALENZUELA DISPOSAL TEMPORARY LEACHATE SYSTEM EXPENDITURES -130- CITY COUNCIL. EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 03/04/2008 It maaNS-Stairneria '/ (11 i t� . . \ War nor 1 pm, var. lir 1.1r _�i \ \ \ • , ors, iii m ) ///7 SITE �' t\NaS \ . \ Iii �� \�. li T / �1 /tr., ' 4. /44 1141114> �Q1lff ♦4I ♦a- ♦fN440, .•`II•y..•.. 1 4' , I A!� f�� ! ff1 !! \ �/1yy�44.'.�.,. \� VII° .'fA vv PROJECT NO. 5186 SITE LOCATION MAP NOT TO SCALE EXHIBIT "B" CEFE F. VALENZUELA DISPOSAL TEMPORARY LEACHATE SYSTEM EXPENDITURES -130- CITY COUNCIL. EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 03/04/2008 15 CITY COUNCIL AGENDA MEMORANDUM Council Action Date: June 10 2008 AGENDA ITEM: Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract and a Utility /Temporary Construction Easement with the property owner, Alty Enterprises, Inc., in the total amount of $254,066 for fee simple property rights to a 1.740 -acre tract of land known as Parcel 12A and for a 0.212 -acre Utility Easement and .705 -acre Temporary Construction Easement collectively known as Parcel 12B, plus $2,200 in estimated closing costs; all out of Lot 7, Section 20, Flour Bluff & Encinal Farm & Garden Tracts, located on Saratoga Boulevard, west of Rodd Field Road; necessary for the Master Channel 27 Drainage Improvement Project ( #2263) and for other related public purposes. ISSUE: The Master Channel 27 Drainage Improvement Project consists of 2.05 miles of channel excavation and construction which is designed to reduce flooding in the adjoining areas affected by present and future development. The proposed channel originates at Cimarron Boulevard and continues eastward into the Cayo Del Oso as shown on Exhibit B. To date, City staff has negotiated and acquired 27 of the 30 parcels needed and is presently concluding acquisition for the Lateral "A" portion of the project. Parcels 12A and 12B have been negotiated with the landowner, Alty Enterprises, Inc. They have executed a Real Estate Sales Contract (Parcel 12A) in the amount of $235,026 and a Utility/Temporary Construction Easement instrument (Parcel 12B) in the amount of $19,040. Estimated closing costs in the amount of $2,200 are also needed for a total expenditure of $256,266. One parcel, Parcel 10, remains to be acquired for Lateral "A" after City Council approval of the subject Parcels 12A and 12B. City Council approval is required for expenditures in acquisition of real property rights exceeding $50,000. FUNDING: Stormwater funds, $256,266 out of 550701 -4525- 00000 - 170578. RECOMMENDATION: Approval of the motion as presented. Kevin Stowers Interim Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B. Council Exhibit (Route Map) Exhibit C. Council Exhibit (Parcel 12A, 12B) Exhibit D. Real Estate Sales Contract Summary H:\HOME\EUSEBIOG \GEN\Agenda Items \Master Channel 27. Alty\Agenda Memorandum.doc —133— BACKGROUND INFORMATION SUBJECT: Master Channel 27 Drainage Improvements ( #2263) Acquisition of Parcels 12A,12B (Alty Enterprises, Inc.) PROJECT BACKGROUND: The Master Channel 27 Drainage Improvements Project will be constructed to help reduce flooding of the Mary Carroll Channel and Master Channel 31 drainage systems in their conveyance of storm water runoff. This new channel is designed to help reduce flooding in the adjoining areas. This project will consist of an earthen open channel with reinforced concrete box culverts at road crossings. The length of the channel will be approximately 2.05 miles beginning at Cimarron Boulevard and ending at the Cayo Del Oso. A total of 30 parcels consisting of drainage right -of -way and drainage /utility easements are necessary for this project as shown on the attached Exhibit B. Twenty -seven (27) parcels have been acquired to date, excluding Parcels 12A and 12B. One parcel, Parcel 10, remains to be acquired for the Lateral A portion of the channel. PARCEL DESCRIPTION; Parcels 12A and 12B are necessary for the construction of Lateral A as shown on the attached Exhibit C. Parcel 12A, containing 1.740- acres, will be needed for construction of the open channel at the end of Lateral A and which connects to the existing 90 foot wide Saratoga Ditch. Parcel 12B is comprised of a .212 -acre Utility Easement and a .705 -acre Temporary Construction Easement. The Utility Easement will be needed for future City utilities and the 50 foot wide construction easement is necessary for construction of the open channel. The subject parent tract containing 16.811 -acres is not currently platted, however it has dual zoning. The front portion of the tract is zoned B-4 General Business District, whereas the rear portion adjacent to the proposed channel is zoned 1 -2, Light Industrial District. PARCEL NEGOTIATIONS; City staff began negotiations with receipt of an appraisal for both parcels in the total amount of $262,745. The appraised value was received from American Appraisers, Inc. based on $3.00 per square foot for the commercial /industrial zoned land. A second appraisal was obtained from Corpus Christi Appraisal Service, Inc. in the amount of $3.10 per square foot. This area of the City has exhibited active land sales in the recent months. The final agreed amount of just compensation was $235,026 for the fee simple rights to Parcel 12A and $19,040 for the Utility and Temporary Construction Easement. An additional $2,200 in estimated closing costs will be paid by the City, for a total expended amount of $256,266. At the request of the landowner, the real estate sales contract and utility easement will be escrowed at San Jacinto Title Company of Corpus Christi. PRIOR COUNCIL ACTION: 1. January 24, 2006 - Ordinance amending the 1961 Master Plan for storm drainage for the area south and west of the City of Corpus Christi, Texas to extend Master Channel 27 from Airline Road west to Cimarron Boulevard and reconfigure Master Channel 27 EXHIBIT A —134— drainage basin; and providing for publication. (Ord. No. 026634). 2. January 23, 2007 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract and a Temporary Construction Easement with the owners Charles Scott Mandel and wife, Thelma Mandel for a total expenditure of $156,718 which includes $130,900 for fee simple property rights to 3.74 acres of land, $2,100 in closing costs, and $23,718 for a 4.77 acre temporary construction easement and related fencing; all out of Lots 17 and 18, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located on Cimarron Boulevard midway between Saratoga and Yorktown Boulevard; necessary for the Master Channel 27 Drainage Improvement Project ( #2263) and for other municipal purposes. (Motion No. M2007 -023) 3. March 27, 2007 - Motion waiving an irregularity and authorizing the City Manager or his designee to execute a Construction Contract with Ramos Industries, Inc. of Pasadena, Texas in the amount of $10,356,062.70 for the Master Channel 27 Improvement projects for the Base Bid and Additive Alternates No. 1, 3, and 4. (Motion No. 2007- 087) 4. May 15, 2007 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Gloria Diane Oliver Meerdink in the amount of $25,000 for fee simple property rights to 9.843 acres of land, plus $900 in closing costs; all out of Lots 20 and 21, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located off of Brooke Road and County Road 7B; necessary for the Master Channel 27 Drainage Improvement Project ( #2263). (Motion No. M2007 -125) 5. May 29, 2007 - Motion authorizing the City Manager, or his designee, to execute a Construction Management Services Contract with Anderson Group Construction Management Company of Corpus Christi, Texas in the amount of $199,350.00 for the Master Channel 27 Drainage Project. (Motion No. M2007 -142) 6. August 21, 2007 - Resolution determining a public necessity to acquire fee simple title to the surface estate only for a storm water drainage project, known as the Master Channel 27 Drainage Project, on five tracts of land known as Parcels 5A,5B,6A,6B, and 6C; and for a related Drainage and Utility Easement known as Parcel 5C; together with two related Temporary Construction Easements; all out of Lots 22, 23, and 24, Section 20, Flour Bluff & Encinal Farm & Garden Tracts; from the owners, Diaz Capital Partnership Ltd. and Nabil Emilady, Trustee; for the public purpose and use as a storm water drainage channel and for other related purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of the City's power of eminent domain. (Resolution No. 0273374) 7. September 18, 2007 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract, Drainage & Utility Easement, and Temporary Construction Easement with Diaz Capital Partnership Ltd. and Nabil Emilady, Trustee in the amount of $175,000 plus $2,500 in closing costs for Parcels 5A, 5B, 5C, 6A, 6B, and 6C, all out of Lots 22, 23, and 24, Section 20, Flour Bluff & Encinal Farm & Garden Tracts located on Brooke Road between Airline Road and Rodd Field Road, necessary for the Master Channel 27 Drainage Improvement Project ( #2263). (Motion No. M2007- 246) 8. October 9, 2007 - Resolution determining a public necessity to acquire fee simple title to the surface estate only for a storm water drainage project, known as the Master Channel 27 Drainage Project, on a tract of land known as Parcel 16; and for a related Inundation and Drainage Easement known as Parce116A; both out of Lot 21, EXHIBIT A —135— Section 26, Flour Bluff & Encinal Farm & Garden Tracts; from the owners, William C. Oliver, Virginia Oliver Bettiga, Patricia L Oliver Delong, and Bessie J. Oliver, Individually and as Community Survivor for the Estate of Charles D. Oliver, Jr., for the public purpose and use as a storm water drainage channel and for other related purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of the City's power of eminent domain. (Resolution No. 027439) 9. March 25 , 2008 - Resolution determining a public necessity to acquire fee simple title to the surface estate only for a storm water drainage project, known as the Master Channel 27 Drainage Project ( #2263), Lateral 'A', on five remaining tracts of land known as Parcels 10, 11a, and 12a ; and related Utility Easements known as Parcels 11b and 12b; for the public purpose and use as a storm water drainage channel and for other related drainage purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or exercise of the City's power of eminent domain. (Resolution No. 027614) 10. Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract and a Utility Easement with the owner Calvary Chapel of the Coastlands in the total amount of $65,500, for fee simple property rights to a 0.383 acre tract of land known as Parcel 11A and for a 0.095 acre Utility Easement known as Parcel 11B, plus $1,500 in estimated closing costs; all out of Lot 2, Block 1, Brandywine South Unit 1, located on Rodd Field Road, south of Saratoga Boulevard; necessary for the Master Channel 27 Drainage Improvement Project ( #2263) and for other municipal purposes. (Motion No. M2008 -18) PRIOR ADMINISTRATIVE ACTION: None FUTURE COUNCIL ACTION: 1. Authorize the acquisition of parcels whose cost exceeds $50,000 and, 2. Authorize the payment of any Special Commissioners Award for the condemnation of any parcels whose cost is in excess of $50,000. H: \HOME\EUSE810G \GEN\Agenda ItemsWlaster Channel 27. A1t\+\Background.doc EXHIBIT A —136— Isummunt ,eve�eaii raw File : \ Mproject \councilexhibits \exh2263d.dwg LOCATION MAP NOT 70 SCALE CITY PROJECT No. 2263 VICINITY MAP NOT TO SCALE EXHIBIT "C" MASTER CHANNEL 27 DRAINAGE IMPS. PARCELS 12A & 12B -138- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05 -22 -2008 v ■ SNP IMIIN Wow Real Estate Sales Contract Summary This Contract is entered into by Alty Enterprises, Inc. of 2258 Richland Drive, Corpus Christi, Nueces County, Texas 78418 ( "Seller ") and the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 ( "Buyer "). Terms: 1. Seller for the consideration and under the terms set out in the contract, agrees to convey to Buyer the following described property: A tract of land containing 1.740 -acres of land out of Lot 7, Section 20, Flour Bluff & Encinal Farm & Garden Tract, a map of which is recorded n Volume A, pages 41-43 of the Map Records of Nueces County, Texas. 2. Purchase Price — Parcel 12A (Fee simple), $235,026, cash. 3. Seller to provide title insurance at Buyer's expense. 4. Seller will deliver, at Buyer's expense, a good and sufficient Special Warranty Deed. 5. All taxes to be paid by Seller, up to and including 2007. Taxes for 2008 will be prorated to the date of closing and paid for by Seller. 6. Buyer agrees to deposit $2,500 Earnest Money at the Title Company (San Jacinto Title Company of Corpus Christi), which Seller may keep as liquidated damages should Buyer fail to consummate contract as specified, or Seller may seek to enforce specific performance of contract. 7. Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and zoning and regulatory ordinances. 8. Transaction to be closed on or before 90 days from the date of the contract. Seller acknowledges that Seller has read the agreement, and it is not binding until approved by the City Council and signed by the City Manager or his designee within 30 days of the contract date. 9. The contract will survive the closing of the sale and delivery of the Special Warranty Deed and other conveyance documents. 10. Buyer shall have sixty days from the effective date of the contract to perform due diligence studies on the property. Buyer can cancel the contract and receive back the Earnest Money in the event Buyer finds the property to be unacceptable for any reason. 11. Seller is responsible for payment of any and all broker's fees and commissions incurred in connection with the sale of the property. EXHIBIT D —139— 12. At closing, the property will be conveyed free of the rights of possession of any third parties. 13. Seller makes the following representations and warranties: a. Seller has the absolute and unrestricted right, power, and authority to execute and deliver this contract and the documents to be executed and delivered by Seller in connection with the closing of the transaction. b. Seller has no knowledge of any pending or threatened litigation, condemnation, or assessment affecting the property. c. Seller has no knowledge that the property contains Hazardous Materials, contains any underground storage tanks, or is not in full compliance with all Environmental Laws. d. Seller has full and complete fee simple title to the property, subject only to liens and encumbrances, if any, disclosed on the title commitment or survey to be fumished to Buyer. e. No person, corporation, or other entity has or, on the date of closing, shall have any right or option to acquire the property. f. Seller has not received notice from any govemmental agency regarding the Seller's or Property's non - compliance with applicable laws, ordinances, regulations, statutes, Niles, and restrictions relating to the property. 14. The sale of the property is without minerals. 15. Time if of the essence in closing this transaction. 16. The effective date of this Real Estate Sales Contract is the date in which the Contract is signed by the Buyer. 17. A certified survey of the subject property will be provided to the Title Company prior to closing. H: \HOME\EUSEBIOG\GEN\Agenda Items\Master Channel 27. Ally \Contract Summary.doc EXHIBIT D —140— 16 CITY COUNCIL AGENDA MEMORANDUM June 10, 2008 AGENDA ITEM: Ordinance abandoning and vacating a 124.36- square foot portion of a 7.5 -foot wide utility easement out of the Bent Tree Subdivision, Block 2, Lot 15, adjacent to Bretshire Drive and approximately 153 -feet south of the Raven Hill Road and Bretshire Drive intersection; requiring the owners, Roy Hranicky and Ruby Lou Hranicky, to comply with the specified conditions; and declaring an emergency. ISSUE: The closure of the utility easement is proposed to correct an encroachment resulting from a wooden structure constructed over a portion of the easement. REQUIRED COUNCIL ACTION: City Charter, Article IX. Section 4., requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval by Council and publication of the ordinance, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Deputy Director of Development Services. These requirements are in compliance with Ordinance No. 025816, approved 7- 13 -04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. Attachments: Exhibit A - Exhibit B - Exhibit C Exhibit D 71/4 Bob Nix, AICP ACM of Development Services Background Information Ordinance - Site Location Map - Ordinance No. 025816, Revising Sections 49 -12 and 49 -13, Code of ordinances, Eliminating the requirement for a replat upon closure or alteration of a street or an easement; providing for severance; providing for publication and declaring an emergency. —143— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Mr. Roy Hranicky and Ruby Lou Hranicky ( "Owners "), are requesting the abandoning and vacating of a 124.36- square foot portion of a 7.5 -foot wide utility easement out of the Bent Tree Subdivision, Block 2, Lot 15, located approximately 153 -feet south of the Raven Hill Road and Bretshire Drive intersection, in order to correct an encroachment into the easement by a wooden structure (gazebo). The easement to be abandoned and vacated is located in an "R-18" one - family dwelling district. The wooden structure has a maximum 0.8 -foot encroachment into the 7.5 -foot wide utility easement. The existing easement width will be reduced to 6.5 -feet in width. Execution of a Hold Harmless Agreement will be required to fully indemnify the City and any of the private franchised utility companies against any and all liability which may arise from any maintenance to any existing public utilities or the installation of any future public utilities within the easement. The Hold Harmless Agreement is a covenant running with the land and shall be recorded in the Official Public Records of Nueces County, Texas, within 180 days of Council approval at the Owner's expense. The Owners must comply with all the specified conditions of the Ordinance. Owner must allow access to the existing public utilities within the utility easement at all times without cost to the City or any of the public utility companies for restoration of any surface improvements and landscaping. Owner must also maintain the area between the existing wooden structure and the remaining 6.5 -foot utility easement free of any permanent structures that could prohibit access and maneuverability over the easement area to maintain, repair, or replace any existing public utilities and construct any future utility installations within the easement. All public and franchised utilities were contacted. According to records research and utility responses, there are no existing utilities within this 7.5 -foot wide easement. None of the city departments and franchised utility companies had any objections with abandoning this portion of utility easement. Staff recommends payment of the fair market value of $342.00 for the abandonment and vacation of a 124.36- square foot portion of the 7.5 -foot wide utility easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. EXHIBIT A —144— Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 124.36- SQUARE FOOT PORTION OF A 7.5 -FOOT WIDE UTILITY EASEMENT OUT OF BENT TREE SUBDIVISION, BLOCK 2, LOT 15, ADJACENT TO BRETSHIRE DRIVE AND APPROXIMATELY 153 -FEET SOUTH OF THE RAVEN HILL ROAD AND BRETSHIRE DRIVE INTERSECTION; REQUIRING THE OWNERS, ROY HRANICKY AND RUBY LOU HRANICKY, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Roy Hranicky and Ruby Lou Hranicky (Owners) are requesting the abandonment and vacating of a 124.36- square foot portion of a 7.5 -foot wide utility easement out of Bent Tree Subdivision, Block 2, Lot 15, adjacent to Bretshire Drive and approximately 153 -feet south of the Raven Hill Road and Bretshire Drive intersection to correct an encroachment resulting from a wooden structure constructed over a portion of the easement; 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 utility easement, subject to the provisions below. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 124.36- square foot portion of a 7.5 -foot utility easement out of Bent Tree Subdivision, Block 2, Lot 15, adjacent to Bretshire Drive and approximately 153 - feet south of the Raven Hill Road and Bretshire Drive intersection, as recorded in Volume 49, Pages 142 -143 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right -of -way is conditioned as follows: 1) Owners must pay the fair market value of $342.00 within 30 days of the adoption of this easement closure ordinance, on a one -time payment basis, for the abandonment and vacation of the total 124.36- square foot portion of the 7.5 -foot wide utility easement; 2) A Hold Harmless Agreement and Covenant is required by the City due to the encroachment into the utility easement, providing for the future maintenance of any existing public utilities in the easement, and any future public utility installations within the easement. The Owners must comply with all of the conditions as set forth in the Hold Harmless Agreement and Covenant. The Hold Harmless Agreement is a covenant running with the land and shall be recorded in the Official Public Records of Nueces County, Texas; H1 LEG- DIR\ Shareduay\Agenda12008\6- 10\ORD- abandon -catA @ilEasmt- Hranidry- BentTree.doc Page 2 of 3 3) Owners must maintain the area between the existing wooden structure and the remaining portions of the utility easement, free of any permanent structures that could prohibit access and maneuverability over the easement area to maintain, repair, or replace any existing public utilities or interfere with any future utility installations within the easement. 4) Owner is required to allow access to the existing public utilities within the utility easement at all times without cost to the City or any of the public utility companies for restoration of any surface improvements and landscaping. 5) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval and prior to occupancy of the house. 6) Upon approval by Council and issuance of the ordinance, all grants of easement closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Deputy Director of Development Services. 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 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 10th day of June, 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: June 2, 2008 By: R.,day erring First ssistant'City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor H:LLE G -DI R \Sharedll ay\Ngend a\ 2008\ 8- 10\ ORD- abandotr-aailifitltilEasmt -Hran icky- BentTree.doc Page 3 of 3 Corpus Christi, Texas Day of , 2008 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 Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:1LEG -DIR \Shared uay\Agendat2008 \6.10 \ORD - abandon- valaieitijEasmt- Hrenicky- BentTree.doc Location Map Not to Scale EXHIBIT C URBANDATE: FEB. 12, 2008 SCALE: NTS ENGINEERING roe NO.: 39260.A8.00 z CORPUS assn iau 7era i 04 -3101 ra: 60854 -6001 DRAWN BY: SB 0 2008 by Urban Engineering Bretshire Drive (50' R.O.W.) X M N 11743 C .. g weed 4.1 .1 Z in o: N34'26'35'W� a-- \-30' B.L Lot 15, Block 2 Bent Tree Vol. 49, Pgs. 142 -143, Mop Records. Nueces County, Texas 1.0' Wide Easement _Closure (124.36 Sq.rt.) N55633125'E Map to Accompany f1ELDN07ES for the closure of a portion of o Utley easement out of Lot 14 Sock 2 Rent Tree, o mop of which is molded m yalmne 49, Pages 142 -144 kap Records of Nueces County, Texas. 124.26' Point of Beginning S55'33'25*W 20' Alley 124.47' .7S U•E." S46'20'00°E 1.02' 45 30 1 0 3 60 1 ° =30 EXHIBIT C URBANDATE: FEB. 12, 2008 SCALE: 1 ` =30' ENGINEERING JOB NO.: 39260.A8.00 7'aro1" �. jssi- 6001 DRAWN BY: SB 02008 by Urban Enaineerina Fd a/V I.R. - 11'53'22' R= 310.61' �d 2706 Bretshire Drive T= 32.34' Fd. 5/11' .le Iso R.O.W.) L= 64.46' ., aRs N5533'25"E 33.60' set Omi Ha. 3a —I 1' iNTs zoo- w w ..m J s g� ee 10' u.E--1 N342513510/ 127.50' Lot 15, Blodc 2 Bent Tree Vol. 49, Pgs. 142 -143, Map Records of Nusces County, Texas (No other Improvements shown, except 6lustrated as per Aunts request) Sat LR. wxh n pl a y, Mamped 'URBAN QIOR C.C. tx' Exhibit of Lot 15, Block 2, Bent Tree, Volume 49, Pages 142 -143, Mop Records of Nueoss County, Texas. EXHIBIT C i 1'x 1' end, ad U JJ 'teat �a SAt Vb w �s: $ t1 O 21.21 282' /L d S55'33'25'W 125.84' 1 b U 20' Alley Fd. 8/8' LR. with red• *UAW pl °D stamped f' 3 r GRAPHIC 0 SCALE URBANDATE' Feb. 5, 2008 SCALE: 1' =20' ENGINEERING JOB 140.: of 16°A8'oo �" sem�t Lnoqus °'c 7°x'"10' DRAWN BY: RIG r�+xF. �e1ow..,.w,,,S,E ^ Sims i3 '14 Ts AN ORDINANCE 095g16 f(jL 20k1 o -` ki t nciL IONS 49 -12 AND 49-13, CODE OF - ORDtNANGS; ___,. THE REQUIREMENT FOR A REPLAT UPOKI Y RI ALTERATION OF A STREET OR AN EASEMENT; PROVIDIT G —FOR SEVERANCE; PROVIDING FOR PUBLICATION AND DECLARING AN EMERGENCY. wpitOvall BE tT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 49-12, Code of Ordinances, is revised • to read as follows: "Section 49 -12. Petition to council to establish or close streets, etc. (a) All persons desiring to have the city council exercise its powers under section 6 1 of Article IX of the Charter, regarding the establishment or closing of public streets, alleys, or other public ways, shall file their request with the eity- engifieef, Director of Development Services, in writing, directed to the city council. Such request shall contain an accurate description of the street or portion thereof, desired to be opened, closed or altered, as the case may be and attached to such request shall be a list of all owners of property abutting the street or alley and within four hundred fifty (450) feet therefrom, together with the last known address of all such owners Unless all such owners of abutting property join in the request, a statement shall be attached to the request showing the reason for nonparticipation of those who have not signed the request. Altgrants of establishment or closing of public streets: alleys, or other public ways must be recorded in the real property records of the county in which the property is located. Prior to permitting any construction on the land. an up-to- date survey, abstracted for all streets. alleys or public ways and items of record must be submitted to the Director of Development Services. *. * (e)--Ua cnt, clesme -er alteration of any street, under the terms of this- seetien, the appt apt: shall- be- requirod to apply for a replat of the effe t- the -pl-' o- that -the- plat -shall ascu*frr,e<.t -the revised- subdivisicn of the property." SECTION 2. Section 49 -13, Code of Ordinances, is revised to read as follows: "Sec. 49 -13. Request for closing or abandonment of easement. (a) All persons desiring to have the city council close or abandon an easement shall file their request with the elty -engineer, Director of Development Services in writing, —151— EXHIBIT D directed to city council. Such request shall contain an accurate description of the easements, or portions thereof, desired to be closed or abandoned. All grants of easement or closure of the same must be recorded in the real property records of the county in which the property is located. Prior to permitting any construction on the land, an up -to -date survey, abstracted for all easements and items of record. must be submitted to the Director of Development Services. (b) Upon filing of such request, as provided in this section, an application fee shall be made with the city - engineer Director of Development Services of the sum of five hundred dollars ($500.00) to cover the costs of processing the request. SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will 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, phrase, word, and provision of this Ordinance be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by City Charter of the City of Corpus Christi. SECTION 5. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this 13th day of July, 2004. ATTEST: Armando Chapa City Secretary APPROVED AS TO LEGAL FORM: Mary K City Attorney CITY OF CORPUS CHRISTI Samuel L. Neal, Jr. Mayor 2004 —152— EXHIBIT D 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; UWe, therefore, request that you suspend the Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott —153— EXHIBIT D 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/10/08 AGENDA ITEM: Public Hearing on the FY 2008 -2009 Budget adopted by the Crime Control and Prevention District Board of Directors. CITY STAFF available to answer questions Name Title Dept/Division 1. B. P. Smith Chief of Police Police 2. Pat P.Eldridge Police Administration Manager Police 3. Eddie Houlihan Director Mgt and Budget OUTSIDE INDIVIDUALS available to answer questions Name Title/Position Organization 1. Scott Kucera President Crime Control Board ISSUE: By State statute, the City Council is required to hold a public hearing on the Crime Control and Prevention District adopted FY 2008/09 budget no later than the 45th day before the fiscal year begins. REQUIRED COUNCIL ACTION:: The Board of Directors of the Crime Control and Prevention District held a public hearing on April 16 and adopted the budget the same day. The public hearing by the City Council was advertised in the Corpus Christi Caller Times on May 30 as required 10 days before the public hearing. The City Council must approve or reject the budget no later than the 30th day before the fiscal year begins (scheduled for June 17, 2008). Attachments: Adopted budget —157— Bryan P. Smith Chief of Police 0 c 0` sa Q.) a 00 0 0'� c 0 4 E i co E co s- o) O L 0 n i O U a O up to i = 0 U O 0 Qa V_ = O C o Ln 0 I • e Assessment Center N > I — Pawn Shop Detai — Graffiti Eradication co 0 co Li— E it 1W' 2 T O 0 0 (a lo = O a 2 • Continued focus on N i (n CU U 0 CD .0 i O 0 O 0 L!) LI- O c a) E c cp .(7) (n Q • — 8 Directed Patro .c cu > n • .1 I i ct 0 t 0 i ct 0 t 0 i 0 t 0 N Li- u) cn O cn i fa ate-J b i N 0 t 0 0 0 i z .1 1 'N V ) c 0 a 0) 0 N O V a--+ Colz (0 Ca O N V) V N ro Q O cs N V) (.1) (.1) N E 0 • U 0 0) Q O ro U a ,-I N 0 1 1 CO i N N N O NJ N (n 4) i 10 c 4) a X W costs - 4% increase — Sworn Personne Revenue $5,031,050 — 2% projected growth ai 0 c LI- • All programs fu M O it . O N O . N 4) U c (a (a 0 c LI- O c 10 c W • Tr ne Control & Prevention Dis FY 0809 Budget Calendar i (n 0 O En > c •U 0 i _o a CD Q CO _C I1 CD •U U U _0 c = = U U m 0 O 0 U co 0 O U 1 1 I O N .— a) a) c c sal Q = n Lrl Loss • c 0 t/) SIMMS Los aro) Urn) CL (e) 0 0 E is 0 18 AGENDA MEMORANDUM DATE: June 10, 2008 SUBJECT: North Port Avenue from IH 37 to US 181 (Project No. 6264) 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 MEI Maverick Engineering, Inc. in the amount of $1,970,108, for a total restated fee not to exceed $2,719,329, for the North Port Avenue Project from IH 37 to US 181. ISSUE: This proposed Amendment No. 1 is for Design Phase (PS &E Development), Bid Phase, Construction Phase, Construction Observation, Warranty Phase, and completion of the permitting process for the North Port Street Reconstruction Project. This project re- establishes the corridor which is vital for military mobilizations through the Port Authority of Corpus Christi and event traffic from the Bayfront and Stadium area. This is a joint TXDOT /City project with a respective 80/20 cost share and City is responsible for 100% of the utilities. To meet TXDOT and state funding requirements, the preliminary phase included coordination, initial investigations, scoping and estimating, public outreach and environmental considerations. The preliminary phase is now complete and ready to move into the design phase. FUNDING: Funding is available from the Texas Military Value Revolving Loan Fund. RECOMMENDATION: Staff recommends approval of the Motion as presented. Kevin Stowers, Interim Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Project Actions Exhibit "B" Location Map Exhibit "C" Contract Summary Exhibit "D" Powerpoint Presentation —167— H: \USERS2W OME \VELMAP\GEN\STREET8264 NORTH PORT AVENUE\CONSULTANTAMENDMENT NO. 11AGENDA MEMO BACKGROUND INFORMATION SUBJECT: North Port Avenue from IH 37 to US 181 (Project No. 6264) AMENDMENT NO. 1 AMENDMENT NO. 1: Amendment No. 1 provides for Basic Services and Additional Services to complete the Design Phase for the project including: Basic Services • Design Phase Services (PS &E Development) — preparation of plans, specifications, estimates (PS &E), and other required contract documents for street, drainage, and utility improvements. • Bid Phase (Letting Phase) — participate in the pre -bid conference; assist the City in solicitation of bids by identification of prospective bidders; attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. • Construction Phase — participate in pre- construction meeting conference; review for conformance to contract documents, shop and working drawings, materials and other submittals; review field and laboratory tests; make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work; prepare change orders as authorized by the City (coordinate with the City's construction division); make final inspection with City staff; review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. Additional Services • Permit Preparation — provide services for the U. S. Army Corp of Engineers (USACE) Nationwide Permit No. 14. • Topographic Survey - provide additional Topographic Survey services. • Environmental Clearance and Public Involvement - includes Programmatic Categorical Exclusion services. Prepare and submit a Historic Resources Study of the project corridor to support the Environmental Categorical Exclusion Report as required by the Texas Department of Transportation (TXDOT). The Historic Resources Study will evaluate the project corridor and identify /document the presence of historically significant properties in the Area of Potential Effects. Prepare and submit an Archeological Reconnaissance Survey of the project corridor to support the Environmental Categorical Exclusion Report as required by TXDOT. The Archeological Reconnaissance Survey will evaluate the project corridor and identify /document the presence of potential archeological significant sites. —168— H:\ USERS2 \HOME\VELMAP \GEN\STREET\6264 NORTH PORT AVENUE \CONSULTANTVV4ENDMENT NO. DAGENDA BACKGROUND EXHIBIT "A" I Page 1 of 4 • Construction Observation Services - Provide a project representative (PR) to provide full time construction inspection. The NE shall endeavor to provide further protection for the City against defects and deficiencies in the work. • Warranty Phase - Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. • Geotechnical Investigation and Testing - Conduct a subsurface geotechnical investigation to determine in -situ soil types and characteristics and existing pavement materials along the Project corridor. Perform laboratory testing of soil samples and develop alternative pavement sections for the projected traffic volumes based on a 20- year pavement life. Document findings (including boring logs) and recommendations in a written report. The scope of services for materials testing during construction will be prepared upon completion of the Design Phase. • Right of Way (ROW) Acquisition Survey - Review existing ROW and easements to ascertain any conflicts and provide field ROW surveys and submit ROW descriptions for the City's use in the acquisition process. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with all TxDOT requirements as applicable. A/E Consultant will be required to perform all necessary deed research. The scope of services and associated fees for preparing metes & bounds descriptions for additional ROW parcels to be acquired will be prepared at the beginning of the Design Phase. A Contract Summary is attached as Exhibit "C ". The Preliminary Phase provided for the coordination, initial design, estimating, public outreach and environmental considerations for category exclusion. PROJECT DESCRIPTION: The project provides the major access to port facilities which is a strategic military port on the south side of the ship channel. This section of North Port Avenue also provides the primary access from IH 37 to the Baseball Stadium and Bayfront Convention Center and Arena Facilities. The improvements will include the complete reconstruction of the 4- lane roadway with new curb and gutter, sidewalks, and ADA curb ramps. The project also includes underground storm water, water and wastewater improvements, removal of abandoned/ unused driveways, new traffic signal, and new street lighting. The typical new road section will be 5" HMAC with 12" limestone base over geotextile mat and stabilized subgrade. A 10" concrete section with 1" HMAC and stabilized subgrade will be placed in the Port Authority area for heavy loads with frequent stops and turns. The project is being coordinated with the Texas Department of Transportation (TXDOT) and Metropolitan Planning Organization (MPO), Port —1 6 9— H:\ USERS2 \HOME\VELMAP\GEN\STREET\6264 NORTH PORT AVENUE\CONSULTANT\AMENDMENT NO. 1 WGENDA BACKGROUND EXHIBIT "A" Page 2 of 4 Authority and local utility franchises. CONTRACT TERMS: The Engineering Contract provides for completion of the following tasks: 1. Bidding and Construction 2. Permit Preparation: • Texas Commission on Environmental Quality • Texas Department of Licensing & Regulation • Texas Department of Transportation • Texas General Land Office • Texas Historical Commission • Texas Parks and Wildlife Department • TPDES Permit/Amendments • Union Pacific Railroad 3. Topographic Survey 4. ROW Re- establishment Survey 5. Environmental Clearance and Public Involvement (CE Process): • Programmatic Categorical Exclusion • Formal Public Involvement Process 6. Subsurface Utility Investigation 7. Initial Geotechnical Investigation 8. 3D Animation Model REVOLVING LOAN: On June 13, 2006 the City Council approved a Resolution to submit a loan application to the Texas Military Preparedness Commission for their Texas Military Value Revolving Loan Fund in the amount of $10,507,390 for the reconstruction of Port Avenue from IH 37 to US 181 and a project in support of the military preparedness of Naval Air Station Corpus Christi. The State Legislature has authorized a Texas Military Value Revolving Loan Fund under the auspices of the Texas Military Preparedness Commission to provide low- interest loans to communities that have either been adversely or positively impacted by BRAG 2005 or to a community that will carry out a project that will enhance the military value of a military facility. The City has two projects that qualify under the loan fund guidelines. The two projects are the reconstruction of Port Avenue from I.H. 37 to U.S. 181 and a NASCC road access project. The total project cost for Port Avenue between I.H. 37 and U.S. 181 is estimated to be $22.7 million. TXDOT and the Metropolitan Planning Organization share 80% of the initial project costs for street design, street construction and street lights. The City is responsible for 100% of the cost for land acquisition and utility construction, and 20% of the costs of street design, street construction and street lights. 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. —170— ..r,owrcnncmcrflR M NORTH PORT AVENUEICONSULTANT \MENDMENT NO. 1WGENDA BACKGROUND IEXHIBIT "A" I Page 3 of 4 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. —171— H:\ USERS2 \HOME\VELMAP\GEN \STREET16264 NORTH PORT AVENUE\CONSULTANTAMENDMENT NO. 1AGENDA BACKGROUND EXHIBIT "A" Page 4 of 4 PRIOR PROJECT ACTIONS SUBJECT: North Port Avenue from IH 37 to US 181 (Project No. 6264) AMENDMENT NO. 1 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 13, 2006 — 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 $153,000 for North Port Avenue from IH 37 to US 181 (Resolution No. 026827). 4. June 13, 2006 — Resolution authorizing the City Manager, or his designee, to submit a loan application to the Texas Military Preparedness Commission for their Texas Military Value Revolving Loan Fund in the amount of $10,507,390 for the reconstruction of Port Avenue from IH 37 to US 181 and the partial relocation of Flour Bluff Drive and land acquisition to allow expansion of runway facilities at Waldron Field (Resolution No. 026830). 5. June 13, 2006 — Resolution approving the reimbursement statement expressing the City's official intention to reimburse the costs of projects funded through the Texas Military Value Revolving Loan Fund (Resolution No. 026831). 6. September 12, 2006 - 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 $330,424 for North Port Avenue from IH 37 to US 181 (Resolution No. 026978). 7. September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500. (Ordinance No. 026997) 8. April 10, 2007 — Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with MEI Maverick Engineering, Inc. from Corpus Christi, Texas in the amount of $749,221 for North Port Avenue from IH 37 to US 181 (Motion No. M2007 -095) EXHIBIT "A -1" Page 1 of 2 H1USERS2 \HOME\VELMAP \GEN\STREET\6264 NORTH PORT AVENUE\CQMSIIL7tf TiMENDMENT NO. (PRIOR PROJECT ACTIONS 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). H:IUSERS2W OME\VELMAPIGENISTREET16264 NORTH PORT AVENUE%CONSUIT7 AMENDMENT NO. 11PRIOR PROJECT ACTIONS EXHIBIT "A -1" Page 2 of 2 File : \ Mproject \couneilexhibits \exh6264.dwg San Pottieto County LOCATION MAP NOT TO SCALE VICINITY MAP NOT m was CITY PROJECT No. 6264 ATTACHMENT 'B' NORTH PORT AVENUE -FROM IH -37 TO US HWY 181 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 04 -28 -2008 IMP l■ -174- CONTRACT SUMMARY SUBJECT: North Port Avenue from IH 37 to US 181 (Project No. 6264) AMENDMENT NO. 1 SCOPE OF SERVICES: BASIC SERVICES: 2. Design Phase (PS &E Development). Upon approval of the preliminary phase (schematic design), designated by receiving authorization to proceed, the Consultant will: a. Study, verify, and implement comments and recommendations from the 30% Schematic Design including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. b. Prepare hydraulic analysis based on 5, 25, & 100 -year design storm return frequency runoff coefficients, time of concentration, rainfall intensities and drainage areas utilizing WinStorm software. c. Conduct an interim design review meeting with the City, TXDOT and the Port to verify the design scope and design parameters. d. Prepare one (1) set of Construction Bid and Contract Documents in City format (using City Standards as applicable) for each phase, including Contract agreement forms, general provisions and special provisions, notice to bidders, insurance requirements, bond requirements, and preparation of other contract and bid related items; TXDOT specifications and drawings to fix and describe, for one bid, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. e. Provide assistance identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under Additional Services). f. Prepare final quantities and estimates of probable costs with the recommended construction schedule in accordance with TXDOT PS &E procedure. The construction schedule will provide a phased approach to better track progress and payments. Assimilate all pertinent review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed. h. Provide 1 copy of pre -final plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. i. Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the pre -final and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant A/E and sub - consultant g. —175— H: IIJSERS2IHOME NELMAPIOEMSTREFT16264 NORTH PORT AVFNI IFICONRI 11 TANTGMFNIV..IFNT Nh 11PIMJTDAPT ci eV EXHIBIT "C" Page 1 of 9 A/E shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. Required with the pre -final plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size • Pipe Material, etc. • Why one material is selected over another • Advantages of selections • ROW requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard TXDOT specifications items • Non - standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status j. Provide Traffic Control Plan with illumination, markings and striping, signalization for review and approval by the City Traffic Engineering Department and TXDOT. k. Upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. I. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. m. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. n. Provide a Storm Water Pollution Prevention Plan. 3. Bid Phase (Letting Phase). The A/E will: a. Participate in the pre -bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. —176— H9USERS2WOME VELMAPIGENISTREET16264 NORTH PORT AVENUEICONSULTANTNMENDMENT NO. 11CONTRACT SUMMARY IEXHIBIT "C" I Page 2 of 9 e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the NE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. 4. Construction Phase. The NE will perform contract administration to include the following: a. Participate in pre- construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image- viewing software available on the City's computer - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD -ROM, not on floppy disks. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using DWG format in AutoCAD, and graphics data will be in DXF format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. —177— H: USERS2IHOMEIVELMFMGEMSTREET6264 NORTH PORT AVFNI inrn"ci i Yawn auou�u�.........,..,... IEXHIBIT "C" Page 3 of 9 ADDITIONAL SERVICES: 1. PERMIT PREPARATION - includes additional services for the U. S. Army Corp of Engineers (USACE) Nationwide Permit No. 14. 2. TOPOGRAPHIC SURVEY - include additional Topographic Survey services. 4. ENVIRONMENTAL CLEARANCE AND PUBLIC INVOLVEMENT - includes Programmatic Categorical Exclusion services. Prepare and submit a Historic Resources Study of the project corridor to support the Environmental Categorical Exclusion Report as required by the Texas Department of Transportation (TXDOT). The Historic Resources Study will evaluate the project corridor and identify /document the presence of historically significant properties in the Area of Potential Effects. Prepare and submit an Archeological Reconnaissance Survey of the project corridor to support the Environmental Categorical Exclusion Report as required by TXDOT. The Archeological Reconnaissance Survey will evaluate the project corridor and identify /document the presence of potential archeological significant sites. 5. CONSTRUCTION OBSERVATION SERVICES. Upon receiving authorization from the City to proceed, the A/E will provide a project representative (PR) to provide full time construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the Work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with NE regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with NE and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre- construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of A/E. 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. —178— EXHIBIT "C" I Page 4 of 9 C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and NE of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to NE and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. C. Provide project photo report on CD -ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A/E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. —179— H: USERS2%HOMENELMNP\GFMSTREFnR,RE NORTN Pfl T GVFAII IcIrnmeni Tai nn"crmucuf.In ,trn.rtnnrT m n.... n.. EXHIBIT "0" Page 5 of 9 IEXHIBIT "C" I Page 6 of 9 C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 6. WARRANTY PHASE. Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 8. GEOTECHNICAL INVESTIGATION AND TESTING shall be modified to include Construction Testing Program. Upon receiving authorization from the City to proceed, conduct a subsurface geotechnical investigation to determine in -situ soil types and characteristics and existing pavement materials along the Project corridor. Perform laboratory testing of soil samples and develop alternative pavement sections for the projected traffic volumes based on a 20 -year pavement life. Document findings (including boring logs) and recommendations in a written report. The scope of services for materials testing during construction will be prepared upon completion of the Design Phase. 11. ROW ACQUISITION SURVEY. Upon receiving authorization from the City to proceed, the A/E will review existing ROW and easements to ascertain any conflicts and provide field ROW surveys and submit ROW descriptions for the City's use in the acquisition process. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with all TxDOT requirements as applicable. NE Consultant will be required to perform all necessary deed research. The scope of services and associated fees for preparing metes & bounds descriptions for additional ROW parcels to be acquired will be prepared at the beginning of the Design Phase. —180— .,...tememununum uemff ASTREETB264 NORTH PORT AVENUE\CONSULTANTAMENDMENT NO. 11CONTRACT SUMMARY SUMMARY OF FEES: NORTH PORT AVENUE FROM IH 37 TO US 181 (PROJECT NO. 6264) SUMMARY OF FEES -181 - HA USERS2U4OMEIVELMAP IGEMSTREET16264 NORTH PORT AVENUE%CONSULTANTIAMENDMENT NO. 1\CONTRACT SUMMARY EXHIBIT "C" Page 7 of 9 ORIGINAL CONTRACT Street Storm Water Water Wastewater Total FEE FOR BASIC SERVICES 1 Preliminary Phase (Schematic Design) $117,128.00 $29,447.00 $9,870.00 $8,061.00 $164,506.00 2 Design Phase (PS &E Development) 0.00 0.00 0.00 0.00 0.00 3 Bid Phase (Letting Phase) 0.00 0.00 0.00 0.00 0.00 4 Construction Phase 0.00 0.00 0.00 0.00 0.00 Subtotal Basic Services Fees 117,128.00 29,447.00 9,870.00 8,061.00 164,506.00 FEE FOR ADDITIONAL SERVICES (Allowance) 1 Permit Preparation (as applicable) 1.1 TCEQ 1,543.00 388.00 130.00 106.00 2,167.00 1.2 TDLR 6,692.00 0.00 0.00 0.00 6,692.00 1.3 TXDOT 11,912.00 0.00 0.00 0.00 11,912.00 1.4 TX GLO 0.00 6,028.00 0.00 0.00 6,028.00 1.5 THC 1,413.00 355.00 119.00 97.00 1,984.00 1.6 TPWD 713.00 179.00 60.00 50.00 1,002.00 1.7 TPDES 2,147.00 869.00 0.00 0.00 3,016.00 1.8 Union Pacific Railroad 5,418.00 1,362.00 457.00 373.00 7,610.00 1.9 US ACE (NATIONWIDE PERMIT #14) 0.00 0.00 0.00 0.00 0.00 1.10 US FWS 0.00 0.00 0.00 0.00 0.00 2 Topog aphic Survey 66,862.00 16,809.00 5,634.00 4,602.00 93,907.00 3 ROW Re- establishment Survey 61,147.00 15,373.00 5,153.00 4,208.00 85,881.00 4 Enviromental Clearance and Public Involvement (CE Process) 4.1 Programmatic Categorical Exclusion 87,412.00 21,976.00 7,366.00 6,016.00 122,770.00 4.2 Formal Public Involvement Process 96,710.00 24,313.00 8,150.00 6,655.00 135,828.00 4.3 Environmental Assessment (EA) 0.00 0.00 0.00 0.00 0.00 5 Const uction Observation Services 0.00 0.00 0.00 0.00 0.00 6 Warrranty Phase 0.00 0.00 0.00 0.00 0.00 7 Subsurface Utility Investigation 0.00 39,906.00 13,387.00 10,915.00 64,208.00 8 Geotechnical Investigation and Testing 8.1 Initial Geotechnical Investigation 17,639.00 4,435.00 1,486.00 1,214.00 24,774.00 8.2 Construction Testing Program 0.00 0.00 0.00 0.00 0.00 9 Televising Existing Wastewater Lines 0.00 0.00 0.00 0.00 0.00 10 3D Animation Model 16,936.00 0.00 0.00 0.00 16,936.00 11 ROW Acquisition Survey 0.00 0.00 0.00 0.00 0.00 Subtotal Additional Services Fees 376,544.00 131,993.00 41,942.00 34,236.00 584,715.00 Total Authorized Fee $493,672.00 $161,440.00 $51,812.00 $42,297.00 $749,221.00 Date Authorization 4/10/2007 Motion No. M2007 -095 -181 - HA USERS2U4OMEIVELMAP IGEMSTREET16264 NORTH PORT AVENUE%CONSULTANTIAMENDMENT NO. 1\CONTRACT SUMMARY EXHIBIT "C" Page 7 of 9 NORTH PORT AVENUE FROM IH 37 TO US 181 (PROJECT NO. 6264) SUMMARY OF FEES -182- H:\ USERS2 \HOME\VELMAP\GEMSTREET\6264 NORTH PORT AVENUE \CONSULTAN AMENDMENT NO. 1 \CONTRACT SUMMARY EXHIBIT "C" Page 8 of 9 AMENDMENT NO. 1 Street Storm Water Water Wastewater Total FEE FOR BASIC SERVICES 1 Preliminary Phase (Schematic Design) $0.00 $0.00 $0.00 $0.00 $0.00 2 Design Phase (PS &E Development) 821,620.33 269,785.78 85,840.93 49,051.96 1226,299.00 3 Bid Phase (Letting Phase) 16,585.85 5,446.10 1,732.85 990.20 24,755.00 4 Construction Phase 13,511.22 4,436.52 1,411.62 806.64 20,166.00 Subtotal Basic Services Fees 851,717.40 279,668.40 88,985.40 50,848.80 1,271,220.00 FEE FOR ADDITIONAL SERVICES (Allowance) 1 Permit Preparation (as applicable) 1.1 TCEQ 0.00 0.00 0.00 0.00 0.00 1.2 TDLR 0.00 0.00 0.00 0.00 0.00 1.3 TXDOT 0.00 0.00 0.00 0.00 0.00 1.4 TX GLO 0.00 0.00 0.00 0.00 0.00 1.5 THC 0.00 0.00 0.00 0.00 0.00 1.6 TPWD 0.00 0.00 0.00 0.00 0.00 1.7 TPDES 0.00 0.00 0.00 0.00 0.00 1.8 Union Pacific Railroad 0.00 0.00 0.00 0.00 0.00 1.9 US ACE (NATIONWIDE PERMIT #14) 6,486.94 2,130.04 677.74 387.28 9,682.00 1.10 US FWS 0.00 0.00 0.00 0.00 0.00 2 Topographic Survey 31,825.00 10,450.00 3,325.00 1,900.00 47,500.00 3 ROW Re- establishment Survey 0.00 0.00 0.00 0.00 0.00 4 Enviromental Clearance and Public Involvement (CE P ocess) 4.1 Programmatic Categorical Exclusion 16,062.58 5,274.28 1,678.18 958.96 23,974.00 4.2 Formal Public Involvement Process 0.00 0.00 0.00 0.00 0.00 4.3 Environmental Assessment (EA) 0.00 0.00 0.00 0.00 0.00 5 Const uction Observation Services 244,550.00 80,300.00 25,550.00 14,600.00 365,000.00 6 Warrranty Phase 6,123.80 2,010.80 639.80 365.60 9,140.00 7 Subsurface Utility Investigation 0.00 0.00 0.00 0.00 0.00 8 Geotechnical Investigation and Testing 8.1 Initial Geotechnical Investigation 0.00 0.00 0.00 0.00 0.00 8.2 Construction Testing Program 117,90124 38,713.84 12,318.04 7,038.88 175,972.00 9 Televising Existing Wastewater Lines 0.00 0.00 0.00 0.00 0.00 10 3D Animation Model 0.00 0.00 0.00 0.00 0.00 11 ROW Acquisition Survey 45,305.40 14,876.40 4,733.40 2,704.80 67,620.00 Subtotal Additional Services Fees 468,254.96 153,755.36 48,922.16 27,955.52 698,888.00 Total Authorized Fee $1,319,972.36 $433,423.76 $137,907.56 $78,804.32 $1,970,108.00 Date Authorization 6/10/2008 Motion No. M2008- -182- H:\ USERS2 \HOME\VELMAP\GEMSTREET\6264 NORTH PORT AVENUE \CONSULTAN AMENDMENT NO. 1 \CONTRACT SUMMARY EXHIBIT "C" Page 8 of 9 NORTH PORT AVENUE FROM IH 37 TO US 181 (PROJECT NO. 6264) SUMMARY OF FEES -183- HAUSERS2IHOMEIVELMAP \GENISTREETb264 NORTH PORT AVENUEICONSULTANRMENDMENT NO. 11CONTRACT SUMMARY EXHIBIT "C" Page 9 of 9 TOTAL CONTRACT FEE Street Storm Water Water Wastewater Total FEE FOR BASIC SERVICES 1 Preliminary Phase (Schematic Design) $117,128.00 $29,447.00 $9,870.00 $8,061.00 $164,506.00 2 Design Phase (PS&E Development) 821,620.33 269,785.78 85,840.93 49,051.96 1,226,299.00 3 Bid Phase (Letting Phase) 16,585.85 5,446.10 1,732.85 990.20 24,755.00 4 Construction Phase 13,511.22 4,436.52 1,411.62 806.64 20,166.00 Subtotal Basic Services Fees 968,845.40 309,115.40 98,855.40 58,909.80 1,435,726.00 FEE FOR ADDITIONAL SERVICES (Allowance) 1 Permit Preparation (as applicable) 1.1 TCEQ 1,543.00 388.00 130.00 106.00 2,167.00 1.2 TDLR 6,692.00 0.00 0.00 0.00 6,692.00 1.3 TXDOT 11,912.00 0.00 0.00 0.00 11,912.00 1.4 TX GLO 0.00 6,028.00 0.00 0.00 6,028.00 1.5 THC 1,413.00 355.00 119.00 97.00 1,984.00 1.6 TPWD 713.00 179.00 60.00 50.00 1,002.00 1.7 TPDES 2,147.00 869.00 0.00 0.00 3,016.00 1.8 Union Pacific Railroad 5,418.00 1,362.00 457.00 373.00 7,610.00 1.9 US ACE (NATIONWIDE PERMIT #14) 6,486.94 2,130.04 677.74 387.28 9,682.00 1.10 US FWS 0.00 0.00 0.00 0.00 0.00 2 Topog aphic Survey 98,687.00 27,259.00 8,959.00 6,502.00 141,407.00 3 ROW Re- establishment Survey 61,147.00 15,373.00 5,153.00 4,208.00 85,881.00 4 Enviromental Clearance and Public Involvement (CE P ocess) 0.00 4.1 Programmatic Categorical Exclusion 103,474.58 27,250.28 9,044.18 6,974.96 146,744.00 4.2 Formal Public Involvement Process 96,710.00 24,313.00 8,150.00 6,655.00 135,828.00 4.3 Environmental Assessment (EA) 0.00 0.00 0.00 0.00 0.00 5 Construction Observation Services 244,550.00 80,300.00 25,550.00 14,600.00 365,000.00 6 Warrranty Phase 6,123.80 2,010.80 639.80 365.60 9,140.00 7 Subsurface Utility Investigation 0.00 39,906.00 13,387.00 10,915.00 64,208.00 8 Geotechnical Investigation and Testing 0.00 0.00 0.00 0.00 0.00 8.1 Initial Geotechnical Investigation 17,639.00 4,435.00 1,486.00 1,214.00 24,774.00 8.2 Construction Testing Program 117,901.24 38,713.84 12,318.04 7,038.88 175,972.00 9 Televising Existing Wastewater Lines 0.00 0.00 0.00 0.00 0.00 10 3D Animation Model 16,936.00 0.00 0.00 0.00 16,936.00 11 ROW Acquisition Survey 45,305.40 14,876.40 4,733.40 2,704.80 67,620.00 Subtotal Additional Services Fees 844,798.96 285,748.36 90,864.16 62,191.52 1,283,603.00 Total Authorized Fee $1,813,644.36 $594,863.76 $189,719.56 $121,101.32 $2,719,329.00 Date Authorization -183- HAUSERS2IHOMEIVELMAP \GENISTREETb264 NORTH PORT AVENUEICONSULTANRMENDMENT NO. 11CONTRACT SUMMARY EXHIBIT "C" Page 9 of 9 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, hereinafter called "City ", and MEI Maverick Enaineerina, Inc., hereinafter called "Engineer", agree to the following amendments to the Contract for Engineering Services for North Port Avenue from IH 37 to US 181 (Proiect No. 6264) as authorized and amended by: Original Contract 1 April 10, 2007 1 Motion No. M2007 -095 1 $749,221.00 1 EXHIBIT "A ", PART 1. SCOPE OF SERVICES, SECTION A. BASIC SERVICES shall be modified to include Item No. 2 Design Phase (PS &E Development) as follows: 2. Design Phase (PS &E Development). Upon approval of the preliminary phase (schematic design), designated by receiving authorization to proceed, the A/E will: a. Study, verify, and implement comments and recommendations from the 30% Schematic Design including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. b. Prepare hydraulic analysis based on 5, 25, & 100 -year design storm return frequency runoff coefficients, time of concentration, rainfall intensities and drainage areas utilizing WinStorm software. c. Conduct an interim design review meeting with the City, TxDOT and the Port to verify the design scope and design parameters. d. Prepare one (1) set of Construction Bid and Contract Documents in City format (using City Standards as applicable) for each phase, including Contract agreement forms, general provisions and special provisions, notice to bidders, insurance requirements, bond requirements, and preparation of other contract and bid related items; TxDOT specifications and drawings to fix and describe, for one bid, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. e. Provide assistance identify testing, handling and disposal of any hazardous materials and /or contaminated soils that may be discovered during construction (to be included under Additional Services). f. Prepare final quantities and estimates of probable costs with the recommended construction schedule in accordance with TxDOT PS &E procedure. The construction schedule will provide a phased approach to better track progress and payments. Assimilate all pertinent review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed. h. Provide 1 copy of pre -final plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. 9. —184— i. Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the pre -final and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant A/E and sub - consultant A/E shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. Required with the pre -final plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size • Pipe Material, etc. • Why one material is selected over another • Advantages of selections • ROW requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard TxDOT specifications items • Non - standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status j. Provide Traffic Control Plan with illumination, markings and striping, signalization for review and approval by the City Traffic Engineering Department and TxDOT. k. Upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. I. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. m. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. n. Provide a Storm Water Pollution Prevention Plan. EXHIBIT "A ", PART 1. SCOPE OF SERVICES, SECTION A. BASIC SERVICES shall be modified to include Item No. 3 Bid Phase (Letting Phase) as follows: 3. Bid Phase (Letting Phase). The A/E will: a. Participate in the pre -bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. —185— AMEND. NO. 1 Paae 2 of 7 b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions conceming the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the NE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. EXHIBIT "A ", PART 1. SCOPE OF SERVICES SECTION A. BASIC SERVICES shall be modified to include Item No. 4 Construction Phase as follows: 4. Construction Phase. The NE will perform contract administration to include the following: a. Participate in pre- construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image- viewing software available on the City's —186— AMEND. NO. 1 Pans 3 of 7 computer - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD -ROM, not on floppy disks. i. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using DWG format in AutoCAD, and graphics data will be in DXF format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. EXHIBIT "A ", PART 1. SCOPE OF SERVICES, SECTION B. ADDITIONAL SERVICES ITEM NO. 1 PERMIT PREPARATION shall be modified to include additional services for the U. S. Army Corp of Engineers (USAGE) Nationwide Permit No. 14. EXHIBIT "A ", PART 1. SCOPE OF SERVICES, SECTION B. ADDITIONAL SERVICES ITEM NO. 2 TOPOGRAPHIC SURVEY shall be modified to include additional Topographic Survey services. EXHIBIT "A ", PART 1. SCOPE OF SERVICES, SECTION B. ADDITIONAL SERVICES ITEM NO. 4 ENVIRONMENTAL CLEARANCE AND PUBLIC INVOLVEMENT shall be modified to include Programmatic Categorical Exclusion services. Prepare and submit a Historic Resources Study of the project corridor to support the Environmental Categorical Exclusion Report as required by the Texas Department of Transportation (TXDOT). The Historic Resources Study will evaluate the project corridor and identify /document the presence of historically significant properties in the Area of Potential Effects. Prepare and submit an Archeological Reconnaissance Survey of the project corridor to support the Environmental Categorical Exclusion Report as required by TXDOT. The Archeological Reconnaissance Survey will evaluate the project corridor and identify /document the presence of potential archeological significant sites. EXHIBIT "A ", PART 1. SCOPE OF SERVICES SECTION B. ADDITIONAL SERVICES, ITEM NO. 5 CONSTRUCTION OBSERVATIONS SERVICES. Upon receiving authorization from the City to proceed, the A/E will provide a project representative (PR) to provide full time construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the NE shall endeavor to provide further protection for the CITY against defects and deficiencies in the Work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of NE, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with NE and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre- construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of A/E. —187— 1 ,1 ICLRR,11-1I14ee..n-i ..nm 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, NE's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. -188- 11A1 ICF OCOtWfMnl¢I t•eD■CCM\RTGCFTROFe M(1GTY Cl1PT L1VC1,1I ICICONSI 11 TGNTAMrMnMFNT IJh 1 kMFNf1MFNT hill 1 FRFFRF IAMEND. NO. 1 Page 5 of 7 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. C. Provide project photo report on CD -ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A/E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. EXHIBIT "A ", PART 1. SCOPE OF SERVICES, SECTION B. ADDITIONAL SERVICES ITEM NO. 6 WARRANTY PHASE. Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. EXHIBIT "A ", PART 1. SCOPE OF SERVICES, SECTION B. ADDITIONAL SERVICES ITEM NO. 8 GEOTECHNICAL INVESTIGATION AND TESTING shall be modified to include Construction Testing Program. Upon receiving authorization from the City to proceed, conduct a subsurface geotechnical investigation to determine in -situ soil types and characteristics and existing pavement materials along the Project corridor. Perform laboratory testing of soil samples and develop alternative pavement sections for the projected traffic volumes based on a 20 -year pavement life. Document findings (including boring logs) and recommendations in a written report. The scope of services for materials testing during construction will be prepared upon completion of the Design Phase. EXHIBIT "A ", PART 1. SCOPE OF SERVICES, SECTION B. ADDITIONAL SERVICES, ITEM NO. 11 ROW ACQUISITION SURVEY. Upon receiving authorization from the City to proceed, the A/E will review existing ROW and easements to ascertain any conflicts and provide field ROW surveys and submit ROW descriptions for the City's use in the acquisition process. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with all TxDOT requirements as applicable. A/E Consultant will be required to perform all necessary deed research. The scope of services and associated fees for preparing metes & bounds descriptions for additional ROW parcels to be acquired will be prepared at the beginning of the Design Phase. -189- HAUSERSAHOMENELMAP ■nriumteacnnvcn uno +u ....., IAMEND. NO. 1 I Page 6 of 7 IAMEND. NO. 1 I Page 7 of 7 EXHIBIT "A ", PART 3. FEES shall be modified and is attached as Exhibit "B" Summary of Fees. All other terms and conditions of the April 10, 2007 contract, as amended, between the City and the Engineer will remain in full force and effect. CITY OF CORPUS CHRISTI MEI MAVERICK ENGINEERING, INC. By By y Angel R. Escobar, P. E. Date W. D. 'Bill" Huff, P. E. Date Interim Assistant City Manager Division Manager 400 Mann Street, Suite 200 Corpus Christi, TX 78401 Phone (361) 696 -3500 Fax (361) 696 -3599 RECOMMENDED By Kevin Stowers, Date Interim Director of Engineering Services ATTEST By Armando Chapa, City Secretary APPROVED AS TO FORM By Assistant City Attorney Date —190— 14.11 iccocmunuPwFi MAP\GEN\STREET\6264 NORTH PORT AVENUE \CONSULTANTAMENDMENT NO. 1\AMENDMENT NO 1 FREESE MAVERICK ENGINEERING,; INC. n1, ke n gi 1!_tcri1rg.cum April 25, 2008 Kevin Stowers Interim Director of Engineering Services City of Corpus Christi, TX P.O. Box 9277 Corpus Christi, TX 78469 SUBJECT: NORTH PORT AVENUE FROM IH 37 TO US 181 PROJECT NO. 6264 Dear Mr. Stowers: Maverick Engineering, Inc. (MAVERICK) submitted a Draft of the Engineering Letter Report to the City on 11/28/2007. The City conducted a document review meeting with all required parties on 1/30/08. MAVERICK is in receipt of all comments and is now in the process of finalizing the Letter Report. As we are all aware, the North Port Avenue project has a very tight design development window therefore MAVERICK requests authorization to proceed with the Design Phase of the project. The Design Phase will incorporate the following: prepare plans, specifications, estimates (PS &E) and other required contract documents for street, drainage and utility improvements to North Port Avenue from IH 37 to US 181. The construction consists of approximately 7800 LF of new 4- lane C3 Collector roadway (48 -ft. back -to -back of curbs) and associated pavement marking and signage improvements; new traffic signalization improvements at the Port Avenue/Winnebago Street intersection; new 5 -ft. wide concrete sidewalks; new concrete driveways; new 18" to 6x4 reinforced concrete storm sewer conduits, inlets, and manholes; new 6" to 12" PVC waterlines and appurtenances; new 8" PVC wastewater main with associated manholes; new seeding for erosion control; and temporary traffic control; together with all appurtenances. The pavement design will be a 20 -year design pavement life using a terminal serviceability index of 2.0 along with a required SN of 4.45. Our design package will include a flexible pavement section in the base bid with a rigid section identified as an additive alternate bid item. Pursuant to Team meeting with the City of Corpus Christi we will continue to address the following items during final design. 1. Consultant has met with TxDOT in order to collect all Draft Engineering Letter Report comments for inclusion into final document submission. 2. Consultant has met with AEP to provide utility relocation preferences along with clearance requirements of project. Team provided AEP with strip maps that identified 400 Mann St., Suite 200 Corpus Christi, Texas 78401 361.696 -3500 • Fax 361. 696- 35Q491wvw.maverickengineering.com AMEND. NO. 1 EXHIBIT "A" Page 1 of 3 all utility poles which were in conflict with proposed improvements. Team will monitor AEP progress. 3. Consultant has met with PCCA staff to verify lane widths and associated curb radius required for proper vehicle movement on and onto Port Avenue. 4. Consultant has received the Traffic/Parking study prepared by Wilbur Smith Associates for project area. Consultant has provided traffic projections to Wilbur Smith for comparative analysis. Team received concurrence from Wilbur Smith on February 15, 2008. 5. Consultant to provide parking lot landscape design in accordance with City ordinance requirements. 6. Consultant to use approved way finding signage. Consultant to provide proper budget for signage program in overall budget development. 7. Consultant to provide adequate street and pedestrian lighting throughout project corridor. 8. Consultant to coordinate improvements with UPRR. Team to commence permitting process requirements with UPRR. 9. Consultant to provide flap gates at Salt Flat Drainage Ditch. Team to pursue improvements under nationwide permit. 10. Consultant to coordinate proposed effluent line with new Broadway WWTP consultant. 11. Consultant to include design of new alternative off street parking lot in design package. City has identified property located at the SW corner of Port/Dempsey intersection. 12. Consultant to include rigid pavement as an alternate bid item in project. 13. Consultant will pursue USACOE nationwide permit for storm water outfalls into Salt Flats Drainage Channel. Maverick Engineering, Inc. proposes to complete this additional work for the Lump Sum Fee of $1,970,108.00. The following presents the detail breakdown of fees for this Amendment #1. FEE FOR BASIC SERVICES 1. Design Phase (PS &E Development) 2. Bid Phase (Letting Phase) 3. Construction Phase Subtotal Basic Services Fees FEE FOR ADDITIONAL SERVICES (Allowances) 1. Permit Preparation (as applicable) 1.1 US ACOE (Nationwide Permit #14) 2. Topographic Survey 3. Environmental Clearance and Public Involvement 3.1 Programmatic Categorical Exclusion 4. Construction Observation Services —1 9 2— $1,226,299.00 24,755.00 20,166.00 $1,271,220.00 $ 9,682.00 47,500.00 (CE Process) 23,974.00 365,000.00 AMEND. NO. 1 EXHIBIT "A" Pane 2 of 3 5. Warranty Phase 6. Geotechnical Investigation and Testing 6.1 Construction Testing Program 7. ROW Acquisition Survey Subtotal Additional Services Fees 9,140.00 175,972.00 67.620.00 $ 698,888.00 TOTAL FEE TO BE AUTHORIZED FOR AMENDMENT #1 $ 1,970,108.00 Submittal to the TDLR for plan review and approval will be initiated immediately upon issuance of the final plans to the City. The Consultant design team will submit design phase documents in July, 2008. If you have any questions, please call me at (361) 696 -3500 or (832) 654 -4767. Sincerely, APPROVED: Maverick Engineering, Inc. W.D. `Bill" Huff, P.E. Infrastructure Division Manager Kevin Stowers Date Interim Director of Engineering Services CC: Jerry Shoemaker, P.E., City of Corpus Christi- Engineering Services —1 9 3— AMEND. NO. 1 i 3 3 ) "0N W p w Q LL -ZO N 0 g c cc ORIGINAL CONTRACT jp p F- $164,506.001 00080 0 0010 �7 V r 08 00 r Nto 0 11,912.001 000 N'� 0 for CO 1,002.01 °o, co O co 100'0L9'L 8 0 °o 00 o °, 0) 0 1 85,881.001 122,770.01 °0,°0,00, N co ^ O0 00, 00 8 N 0 00 00, N h N 00, O0 g000, 00 O) - r 584,715.00' 0 N pP4 4/10/2007 Motion No. M2007 -095 Wastewater 8 •-00a).- o pp 0 8 0 8 O pp 0 a 0 0 o 8 0 8 0 8 h Q) 8 0 10 0 0 8 (7 t0 0 0 0 0 1 4,602.00] 1 4,208.001 0 m O O 0.00 0.00 0 0 0 10 0). G .- 8 a N v- 8 0 p 0 0 0.00 0 0 0 10 N !) O A: N Water 0 00o00 0 co_ rn 0 0 0 0 0 0 0 0 p,. a 130.001 0 000000 0 0 0 0 0 0 of r 0 o co 0 0 1 457.001 O 0000 0 O 0 O wer t0 to O ri r ai O 008888 co M 0 op ac o 0 0 t- /1) ri 1 1,486.00 8 o 0.00 0.00 00'0 ] 41,942.00 ] $51,812.00 Storm Water I 8888 x a rn 0 0 0 29,447.001 388.00) 888 o O N o m 355.00] 88 n rO 0 1 1,362.00 0888 O O 0 co m n CI L6 21,976.00 24,313.00] 8 O 0.00' O $ 0 0) cri 888 0 et `f 0 0 0 0.00 8 . W OI p7 r 8 . 3 ID r N Street and Li htin $117,128.0 0 000 0 8 117,128.001 0 eIeh�NN IA r(p 0 t00W 8 0 OP)f') 0 tr r 0 r O t�mOON �a N pp O tfi O 8 p 8 m 0 r 61,147.00] O NOOC Cr N-(0i O O O 0.00 0.00 O O) 0 0.00 0.00 0 (00 co co o ] 376,544.00 $493,672.00 FEE FOR BASIC SERVICES Preliminary Phase (Schematic Design) Design Phase (PS &E Development) Bid Phase (Letting Phase) Construction Phase II Basic Services Fees 1 FEE FOR ADDITIONAL SERVICES (Allowance) Permit Preparation (as applicable) O W TDLR___ TXDOT TX GLO U o TPDES [Union Pacific Railroad IUS ACE (NATIONWIDE PERMIT #14) 1US FWS [Topographic Survey [ROW Re- establishment Survey IEnviromental Clearance and Public Involvement (CE Process) c O j W U 0 U v E (Formal Public Involvement Process [Environmental Assessment (EA) 'Construction Observation Services ° a g c c ;Mica! Investigation and Testing c O m 0) � �cc c 0 'Construction Testing Program 'Televising Existing Wastewater Lines )3D Animation Model � _ ; t4 ¢ 0 'Subtotal Additional Services Fees — 'Total Authorized Fee IlDate Authorization rNlh ?)0 tO I�tD�� r N17 rN r N t7 a r N M a 0 t0 r co cr.) Or -1 94- NO. 1 "B" AMEND. EXHIBIT Pa,e1of3 n D =tat W C m w D LL O O L Z O a: i w (U. _a� ) L L c AMENDMENT NO. 1 O H U7 3 co m d 0 O 0 f9 8 0 O 0 N O N O I r N O O O O N 00 N0 1- N 0 0 00 0 0 O 0 0 0 0 00 0 0 0 00 0 e cV co (00 O) 0 N n a 00 0 T M N e O 00 0 O O l0 co 0 0 O 00 0 00 0 cV r N n 0 0 O 8 O 0 N CO O 0 b O O 0 O O • M O 4, O 4, N O O N co 0 z N O O O C O O O O 0 O O 0 N CO CO O O O O O) O C N tro 0) O O 8 0 gcr pO t0 a CD 0 CD M 0 0 0 0 0 0 0 0 r O 0 co 0 e) N oM A N ON) qt o 8 O co M 0 4 01 Off) m 4 0 0 O 8 O 0 O 0 O 0 0 O O 0 C 0 0 CD O 0 N ch 0 01 01 0 O 0 O 0 L N 0 co co CO 8 O 0 0 O 8 co 0) N 8 O 0 O 0f vs- N 4 CO 0 e) 01 4, M iu 3 O 0 c c N L 2 0 0 Ot 0 0 O h ui CO CD N 0 O 47 0, v a O 01 m N O O O C 0 O O 0 O O O O O O 0 G P0] N O O O 0 O O 0 co N P1 N N 0 0 0 0 0 8 N 0 0 N 0 0 0 0 0 0, vi A m 0, 8 6 O 0 OD 0 N vi A N 01 N 0 a w LO 01 0 c0 N 1) 0 1- 1- n N OD O 0 O 0 0 O 0 0 O O 0 O 0 a 0 a 0 0 0 N 01 O 0 b co O O 0 G O O 0 oO N N 0 P1 m 0 0 G 0 0 G N 0) n 0 G O C • O f1) a0 N m cao 0, A 0) CD M .I CO CO 0 O N M o O Z O 0 co 0 E .c y W W a 0 W c E 8 .c 2 c 8 N cif 0 0 1 -J O N 0 0 0 0 X a 0 1- w 0- co 2 71 0 0. 4 c 0 O 2 0 O =a W a 0 N 8 2 a U_ W E 0 0 0_ a co c at co 0 c W c O 10 0 W 0 0 0 0 co E co 0 2 a 0 co O a. To {L a N O to 8 0 0 To c m . 8 Q N 0) a O co co h o a C -1 9 5- 0 LL 0 O c O N 0 O icT AMEND. NO. 1 EXHIBIT "8" Pace 2 of 3 TOTAL CONTRACT FEE Total I O . to O in ((0 r 1,226,299.001 0 . inc 1- t.'r CI: O . r N 1.435.726.001 00 . fD CD r(0000 a0,07, 00 . N CO S . N 00 . OD' N S . CO r 1,002.001 3,016.001 00 oN0 CO I� S . CO CO W 00 . 1 141,407.001 1 85,881.001 146,744.001 1 135,828.001 O . o0 O . 04-N (WOO C) 00 . V 4-O S 000N0 CCO 00 S 1- C0-0 Nn 0 . r S . S CO0 MN O) r(r0 o f0 1,283,603.0 O . co N 1+� r 1 N N Wastewater °o (0 O h 49,051.961 N�o° Oa) Smq O N °0000°00°0 (D O 0001 . CO . 0007 LO °0$ . . P M 1__ 387.281 8S O00 p ION m °O O V oociow°o°ooa'nSo° V 1� O) l 0 LOGO LC) tO V 7 O t0 (OIDO CO M r W O V r N.9. r) a)00 M � 2,704.80 N r 01 r INa N r 0 r N r I Water p 008) 00 1.- aDco 63(0 V 1,732.851 1,411.621 °V N CO o 0)) 130.001 00SS Oo0' r 00 00 CD 457.00 677.74 00S 00)10 10 or m IO In °x°000 V V o O) 000 r m Io 10 N 639.80 00 h0 OD M M. 1,486.00 0000 OOOM 71 / m r < [ 90,864.18 tap n a) r 1. O I. M Storm Water 8 p T.: V v 0 N H 269,785.781 °1 6616 *my- V eye) V 0 r 0 P) 8888 ODoom o M N o (0 355.00 179.00 869.001 O N 0 M r 2,130.041 000 daim ION- (•I. N-10 N n r 27,250.281 24,313.00 0o0°DOS odOco Or MOW ONO) CO CO SOVD,$8 IncOoco 0')r gr.- eO P) °V, h CON. 4e r n a OD N r ri lO m a O) N Street and Lighting 8 m 63 821,620.33 a°D In mr MOM (G --0 N ,-Yf M g V OD 0) 1,543.001 °o NNd O) (0 (D °o 0) r r o S M V r g P71-ODcol-t- 1- c4i Q r N g V In rn m et ( q88 m (Dr o D) V CO 103,474.58 0000000 o• 000M00 1- 0 0) o• o ON 10 v V N m (O o o o W M (O r- 117,901.24 000(0 O(OIDOD o MOO) 0)4')P (O v In V as i 'l b n q a n r OD r N FEE FOR BASIC SERVICES IPreliminaty Phase (Schematic Design) Design Phase (PS &E Development) 'Bid Phase (Letting Phase) (Construction Phase Subtotal Basic Services Fees —. FEE FOR ADDITIONAL SERVICES (Allowance) lPermf Preparation (as applicable) 1 0 U re D ITXDOT �X•GLO 1- O 1- IDES -- _. lUnbn Pacific Railroad 1 SUS ACE (NATIONWIDE PERMIT #14) 0) 'Topographic Survey ROW Re- establishment Survey [ Enviromental Clearance and Public Involvement (CE Process) 'Programmatic Categorical Exclusion 'Formal Public Involvement Process Environmental Assessment (EA) Construction Observation Services Warranty Phase Subsurface Utility Investigation :Arnica! Investigation and Testing Initial Geotechnicai Investigation Construction Testing Program Televising Existing Wastewater Lines 13D Animation Model o t co e o a Q 0 te [Subtotal Additional Services Fees — Total Authorized Fee Date Authorization rNM r r r V r 0 r (01�0D0)° r r r r r N V M V rN 6 O r N M V r NCO'* ID (0 1- OD m01- -1 96- AMEND. NO. 1 EXHIBIT "B" Pa•e3of3 City of Corpus B Chnsti 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 "N /A ". FIRM NAME: Maverick Engineering, Inc. STREET: 400 Mann Street. Suite 200 CITY: Corpus Christi, TX ZIP: 78401 FIRM is: 1. Corporation X 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each employee of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Job Title and City Department (if known) N/A 2. State the names of each official of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Title N/A 3. State the names of each board member of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a consultant for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest constituting 3% or more of the ownership in the above named firm. Name Consultant N/A 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: W.D. "Bill" Huff, P.E. Signature of Certifying Person: Title: Division Manager Date: -197- EXHIBIT "C" Page 1 of 2 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 isrttrtid us ppne tratan t ganenture, receverhiporusanet self-employed ih,or purposes taxation, corporation, eed s non-profit organizations. d. d. Da Mayor, ydes oeo�us Assistant iry Managers, epartment andDi members of the sion Heads and Municipal Court Judges g Manager, the fCorp Chr eas. e. cttsrhtanugtssorhldnytyntuely dfr uggo such interest is equitable trust, interest, rroigenti entity. constructively in to holding 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. IEXHIBIT "C" I Page 2 of 2 -198- 44j [ tip J LLf. L� _r-1 tL CD El _L, - I 1. i L Li 1 L 11 -1 ti-I 1 • Built in late 193O's • w .. Original Concrete Pavement • W: ray. On- street parking • Increased traffic • Businesses / residents • Port (military and commercial) F • Solomon Ortiz Center • Whataburger Stadium & American Bank Center 1 t 41! Thf l 1 1 1 1 l - t U .� Q. co Z o a a- 2 [ E its O -D o- -o N x N p O 6 c U E O C Q O a c N 4- N U - O -• _c N co N cr cn > > U — nc O '5 O co O Q o- Q V CO co CO ._ CO N Minor corner clips �_ 1 1 aaewQ010 iy3131111.3AON tif7.j4ws isnmv avIr 1Iadv ROWVw 3R04303[1 k33 3 kF3AON k3�.EtL+.I:'3P. J taralc13$ ,LSfSno Al)r et Hn 1lddV axrcaae�� MitINAtr kaarenla H319YF3AON -4%4 100 df'f "�R7flE� imp inn r 1Rldv 1-10.1dw Lt nil 1 19 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of FY 08 -09 General Fund. STAFF PRESENTER(S): Department Name Title /Position Oscar Martinez Assistant City Manager- Administrative Services Cindy O'Brien Director of Financial Services Constance Sanchez Deputy Director, Financial Services Eddie Houlihan Assistant Budget Director REQUIRED COUNCIL ACTION: No formal action is required at this Adoption are scheduled for July 15th Power Point Presentation X Exhibits 0 time. First and second readings on budget and July 22nd respectively. ML Eddie Houlihan Assistant Budget Director —209— 600Z .LaJQf18 QESOdO2Id !TsizL3 sndzoj Jo 'i3 ■ 1 ao� punoaau o f pasn si punj iuiauap aqi ea z O © 1-4 .my ANS L. CM Ci 4:14 C14 O Q 0 O v O Ct it C1.1 y •- I-) © C, • "t et L . t . — z - cr t 44 t 1 to 6 t ct cz to ta c 0 t cJ 0 w 0 Ts 6 s Q aO 0 v CA Cd Ca t CC na ad ti 0 Po ill V 0 0. rCustomer Are we satisfying our customers? Financial Strategy Are we. fiscally responsible and financially viable? \\ram+ Sustainability Are we poised to adapt and improve over time? 1 Major Revenues Other Revenue Sales & Other Taxes in Gl iiito to u Wr F' O u yo w ,N a, Vl 1■ G! C V t Q . \ 7 C W 0 ri L W\ w' W O V LL 3• -N L M i N V '5 N � r., u v. C U O (A Ul a Q 0 ct Ihs z te 0 CI) ctz C/] ♦W V MCI 0 U i D Ctse 0 Cluet t C 0 5% increase in net values projected Property Taxes 3.5% inc from estimate Other Taxes Decrease in Telecommunications and ElectricFranchise Fees Franchise Fees Solid Waste Chgs Substantial increase in Beach parking revenue projected Other Permits Additional Warrant round -up initiative Municipal Court New revenue from low cost spay /neuter clinic Latchkey revenue is continuing to increase Recreation Rev ('3 0) U 0) D D C (0 O a O 7 Ul 0) Ul C E 03 (0 Oz. 0) (1) O) > O W C `) U "O N LL O co 0 92 C =p gi— (0 C `) 0) U O) O C 0 Administrative Chgs Decrease in interest rates Investments Increase in Emergency Call revenue Net of small increases /decreases from following sources — General Customer convenience fee added Hotel Occupancy Tax revenue added to support Museum Intel-fund ' Chgs CO • co 11" 6() N Imo- N (O r— (h 00 • N N r 00 IC V I- 00 (O O V co r b Or) N (0 N Net Increase 4 U) coO) Oi N $16,000,000,000 $14,000,000,000 $12,000,000,000 $10,000,000,000 $8,000,000,000 $6,000,000,000 $4,000,000,000 $2,000,000,000 History of Assessed Valuations % of Net Value New Growth Total Net Values O 0 0 0 0 0 0 0 0 0 0 0 0 Cr \ O\ M N O\ O N VZ 7 \D O\ N O M O .-r O\ O\ r r N VZ 7 (Ni (Ni (Ni (Ni (Ni 1--i 1--i 1--i 1--i (Ni (Ni (Ni M C\ tre M N 00 O\ C\ N N N M 00 00 In N N M \D O \D M N In M O\ \D M ■p \D V'I \D V'I V) N N O O O■ O\ N 7 O■ ---1 N 7 N .D 06 M O N 00 00 00 00 00 lc O N N O N el ON 1--i O .--i M O\ M M N I M O■ r N N 00 .-r N V) M tr 7 N N N .D O O 7 7 \D 7 vD 7 In 7 In —, N 00 N N N N 7 69 $ 6,464,727,958 \ \ 0 \ \ \ \ \ \ 0 0 0 0 \ 0 o O o \ 0 o O 7 N N l� 7 M C\ - N O O N M N N N V'I CN CN .-+ N 00 CN r M M M N 7 l� of 00 "7 6,745,559,944 6,965,898,936 7,226,045,864 7,462,585,204 7,652,057,403 8,029,325,055 8,426,656,727 8,947,896,398 9,639,561,772 10,488,024,828 11,421,305,918 13,110,832,851 tr, \t N 0o O\ N M 7 V'I '.D N O\ O\ O\ O\ O\ O O O O O O O O O\ O\ O O O O O O O O el el el el el el el el History of Ad Valorem Tax Rates Debt Payment Rate General Fund Rate N Le) 11 M N 0 0 O O O O O O O aaej xes, % Change in Sales Tax Collections L N 1 L 1 \o 0 O \o 0 N \o 0 O 1 N Fiscal Year General Fund Unreserved Fund Balance ftS'0L 9Zs 101"1;i1:1- ZS t1 tLSfZS 1SGf ISLIS oL9'LsrZIs S9Z' Ito '0 LS Z) tfG0IS ZZt'919 LS ZL0' 9 VCS 616`6_ fzrLLCt 99£`L Zd' ZS £ZCTS6 96 LtS`L$ 0 fftSOYS I¢'9trtt$ 6 rt969S fC 11t0'6S 00 00 00 00 00 O O o 0 0 0 0 0 0 0 00 0 0 0 00 o v` o v` o (NI em — — 1 Budget Reductions LO rn o N N NI- c0 LO 0) In Cfl N- M LC) M a) CO- 03 03 03 i Major Expenditures by Department 1 Expenditure Increases (Budget Comparison) C 0 Total General Government Fire Department Police Department Health Department Park 8t Recreation Street Department Solid Waste Services Neighborhood Services /Community Development Development Services Support Engineering Services Outside Agencies O O O O O O p O CD O O 6. O O O I— V co r - V 00 (h O co (O C 0 C() CO C() N OO 0) In CO LO V (O r N N CO CO N- N r CO- r •l CA Other Activities O O CO CO 0 CO r Net Increase Full Time Equivalents Changes 0 CO N r CO CO CO N r O rn O N O O N c L O is O cn 1— Changes — Net Increase 13.79 FTE's 1 Director. of Intergovernmental Relations 1) (City Secretary 2 Public Information Office 2) Human Resources 10 Engineering 1) Human Relations 0 O a N .5) (Education Advisor 14 Municipal Court udget U 0I (0 UI ` c ( C L N O C y� 0 LL = Y 0 LJ 1 Chief of Staff ✓ r r 0 N .75) Park'. & Recreation .10) Museum General Government Expenditures by Function E Personnel m c Y 0 ❑ Allocations O O CO M 1- M CO CO N lf) 'Cr 0 0) 0) N N co toO O O O N Allocations O O ntergovernmental Relations Added Chief of Staff and Director of position in lieu of Director of E -Gov. /U 1 U_ L O O O •i' 03 4--, 0 D c LL (6 N c 0 O 4--, N U N U c 4--, N c W LL N U N D U c c 0 w--, 0 0 0) 2 D N N L U N D >, N O Fire Expenditures by Function ®Personnel 0 ❑ Allocations -a5 O) D CO 0 UD 0) 0 Lc) r V (p M v 6) cp M (p O O N- M Ee co co O N- p) N r M r OS (p V 0 0) d O N M E9 a) O) c c c o a) O 0 0 Allocations $37,248,703 $37,649,419 $ 542,532 for academy that will graduate 20 firefighters in 05/09 35,000 for lease purchase payments for 2 replacement ambulances $ 135,000 for maintenance repairs to various fire stations $1,074,000 for anticipated firefighters collective bargaining pay increase Police Expenditures by Function Personnel N co O R � g a o a o els ❑ ❑ • O 0 CO `Cr LO N CO - CO r O � N ell e» O O N O O L? OHO 0 0 r LO O V COO O I to- ce ere CO a) c c O U) a) 0 Allocations $ 394,000 for academy that will graduate 15 officers in 07/09 $1,364,000 for collective bargaining pay increase $ 965,000 for 42 replacement police package sedans $ 150,000 for 10 replacement unmarked police cars 40,000 for 2 replacement crime scene vans Health Expenditures by Funetion Personnel m Y ❑'Allocations iC a R U • N 0) O m 0) co lf) p V 0 d) CO CO N ER N O) c O c O t6 L Q a 0 Allocations O Added funding for Low -Cost Spay Neuter Clinic - $139,000'. Libraries Expenditures by Function 0 Personnel m c O 0 0 Allocations R C 0. R 0 • 4--, N CD CO D O CO 0) O V (O Lf) N N O N d) N V N N co 6 (O O M N ER To c) c c c o a) L a 0 O 0 O LO- N N O LO- LO Lf) Allocations O O CO N N c Ei? M r N N O (M (R i New Southside Branch Library scheduled to open by December 2008. Parks & Recreation Expenditures by Function ■ Personnel 0 Allocations D O CO O N M O N N N- O CO r N O aO N COO 0 o c') 6 M N N 0) c c c +-' O 2 L Q 0 0 m N N N Allocations 0 LC) N 0, 0 0 (0 Ef3 CO- CO V r First full year of Skill -Based Pay for Park Operations and Tourist District in 2009 U 0) c O O O 5 _. -O c "= L J (6 as c CL To U O U) Q N .> (6 c N L N m .- 0 CO LL `�- CO N �xy J `V C it 0) V) �I TS '5 •c C C W CO co > O L Q O c O L N O O Y Q >s ca 1 Q a) E L > L < O O O � L (6 eci O E N D u) Q m O U N cv -c0 E a) (CB co O) >, -p — O N C .0 C U IS v O X -0 ca U 5 m 13 — N O a c6 0 0 c 4) I-, O 0_ E U 0) DO a L O a) H w U ° 15 L 22 1 0 O >. -O O N °' °O E �' L N co cn o i E f L O L O_ �. O 5 U >' (f} J 0 LL 2 Q ca O t t aie W aie CE t age0 �.n z E Personnel m c 0 ❑ Allocations ;e 0. a or 0 • -a-; 0) D D 0 m M O CO- M O ER rn 0) (0 CO- LO CO E!) Allocations y ( 00 o 0 co tnw o E CD w-0 TOV m .L.. •C N ` N O L L (/� « w 0) 3 0 — y= c3 •3 >> a >.: - 'it _ O� E r7, �� c o 0 0 0.- R y •0 to O C t .o :"E o.w yoto cu Z3 •C V •O > to +L-' L u 70 N cmv DoE ctn m o to 0L or E Oct c c tn.� w r- ma) PP Y so E c m a` to .. z too •o toy oo•0= •o a0 O V v 0 V tCO p tco o o ay a Y «m CD ate) C C L o U c > „_ m Loa) ioc.' a) —y c0E IF it a) 7, c o? tom) O `a) c o c CD CD CO L a ate) CD C tCO t0.) N c W o O a N y a ` c u co c to E •-•oz tom m •0 al a) ca = a O ., .. •O c 0 u c a•3 co U O cy y too mc•5 to E." tncc 0 0 a O. c O CO 8 M Cww 00) > w.+ cu a) N a) ca 0O d •L�' .N L C 0 C a) CO r 0) co cE0 Eco. co'y E» L y> CO CO a) 3 X o E 0 ° C m > > 0 W :; to ae LO O t 7 L t- t0 L C OO a) ., O L O c GO c-07 to Oo O.O'O r N` o c o 0 N O 0 C y y y r •- O co a) a) a a) r >+ ` o 0 y r o C 3 o) 0 t' To Nz t co d0 R >, ei t' a) u co •O O 0> N c) '"' .O 0> CA 0 co d j .r. c N y a 0 O .: CA G iii c d u 0 0 c > `0 m c 0 «w y CO N .. () L in in L to C z y 'y a) .- a) a) ." ca cu .0).(7) cEAN o2 2 a -a .0 _ L a) w ►. 'p w 2 N co) c c X t0 p F-2< aCO>+0 2.y_.111 WYE Engineering Services Expenditures by Function E Personnel c R S. 0 ❑ Allocations a R 0 • N P N M r 0 N M r 0 N V r 0 6> 00 cV O O M 0 C 0 O CO O 0 Oj CD M � V N 0) C C C = O T L 43 Q o 0 Allocations •Q TO ea O O F- Hired licensed City Traffic Engineer versus Traffic Manager N O) D U -Q N L N O E O O 0 Q (p U Q- Tll ^ �L v J L Q) a O) c N N 0 W cow E N to O o C '�N CO CO > E U O E ~ O C Lo .'-' a) v- N 'a L N c co cY) O) C O C (6 O E9 O N N O LL U .V = p c U .E U) Streets Services Expenditures by Function Personnel 0 V 0 Allocations N O O P 0 v N CO- LO O V E9 o o 0 O CO- N N r ✓ 0 CO r CO O C co- O N V - (p r Allocations v 0 0 0 O O 0 U ) CO- N r Q To co Q O F- L 0 Q Q L "5 N Q L O (6 - 4) u) coin O 0 L L• _ N (6 co 0 c C _c c Q ro O cu U o Ta CU L E Q N .E CT) a r C O O O 4-' N L N- New $150,000 contract for street striping. $1,332,450 for Traffic Signals moved to Engineering Services t C u t 4.1 t C eke age �.n C1.4 cle V1 CN c c C O R 2 .ni d A. U ❑ ❑ ❑ • 0) c c c = o L L a) ^ 0 O N N M N lf) r Allocations O O $20,491,424 $22,870,181 1 Lease purchase of 4 refuse trucks and 5 brush trucks included $250,000 for refurbishment of 5 garbage trucks included z cle z 44 CJ t 4e 4I z cle .- CA cle CZ t Ct Difference $ .96 monthly $1.92 monthly Description N u) 2 Residential Commercial (base) $'''.04 monthly 0 N 4, (0 r Ell Solid Waste State Fee* _0 .5 c a-0 2 c -a E v O c O 8 >'2 c4•■• w0 cc O .N C 0 o m "(7) w Nsi E las E cn O "S U en — co • t, 0 c F- a6 N N - w O w N QO 0 ,a C 0 CO s- o N • N o r = Z is Q c c c u)ON y G 43 0) 4, 1 1 C L 0 Description Cost of Living Increase 0 N et O co E9 0) 00 0 r 0 et ti E9 O) (O co O 0 1•) ti cao w 0 U N u) 7 N in N 0 N c4 _ t U 2 t 7 Et y N as I; 2 3 ti 06 z o °v to co (O ti ti 000 t~ r- o , co N N cR N 0 0 la (0 O (() O) r p) tO N NT r tN T-7 N r Operating Expenses Internal Allocations Expenditure Increases 1 w co tu E a G 41 c0 w t J O 0 N — U w O 4.4 I -3 O �, lo Cli i.i to O Cid CIL — t a ct c o �^, o .o U N it O N 0 3 in 4,4 •— a V co .; a v o t can 7 § 0 ;4 N § t Cie J - ƒ ƒ ti P 7 0 O 2 0 § | d 2 o % 2 2 _?4 o. 0 7t3 k t E % \ � I ® ° reL _ z 5" % ¢ � U 1 ° k tl v) CA Clil WO c u ct ® z ct A: 13 © z § k_ E 1 Sumer cc Phase an Period: 120 Days lead time....implement over 3 -year period \ L k » L 0 L k (1 » L § 0) r- fl 0 r q oR0�r N 3® 3 S G rN -a -�2 1- k r M 0 Nƒ G g CO 0 E$ pN -CO -0$ & K o oe �o n E C $ S E 2 ® — -. -- - § no Cut) o fl % § r k o r 0 0 o n i o c o F 0) 3 ° n o _ — wr Personnel 2 $/ a. o c 2 /k$ _20 cc / k c CO = 2 ®$ 0 = } Wk �/ d5§ u o i« 5 2 < o 0_ age 0 . ^I 0 v eke eke czt ■ tut Ciase 0 ase u. 0 1 Summary: Based on 6 days of service Phase -out current recycling program, same trucks collect garbage and recycling, garbage collected Mon, Tues, & Wed, Recycling collected 0 r. 0 0 0. Q c h h z G 0 0 O 0. 0 0 w a a=i a h Q) 0 z 0) co 0) 08 LL z town ($125/ton). Phase an Period: 120 Days lead time....implement over 3 -year period 0 LLLL • �) N O N O) r- M o h o O m o m co_ co �O CO O N 6R ov v o rn- o N ti co h r N o o h O O M) O LC) r N C16 r) N 0 r N I Cr) la (0 O O r r CO Cr) CO N V ER ER O N 4 O N O ao ON N- O CO_ O Cr) CO U- M N U) N N ER v v - L}L O) o I0 C (0 r •N ti 0 O 0. _ v N O) N M O M co 03 00 r r N O O) 000 h O M C7 co- u, O r c c O) r O M O M M rfA v N N bR 0 ER C 0 c Personnel a u. c N x (7 0 0 W 0 v O » +. W y co ciy O 0 � y m N U . 0 V n 'O - O PLL 0 <00 t t r T r to t CU CU ct .— • CU ciie CA V1 ct z z V ..1 I. CA VI CC O Ct M= M to 6q 69 z O Q+ Excess of Revenues over Expenditures Beginning Fund Balance * 00 N IN lei QA N fie Projected Ending Fund Balance Amount available to transfer to the General Fund. 1 Pro's and Con's of Solid Waste Services as a Special Revenue Fund 1 0 0 -d E 2 ± @ n O e m n 2 >4. U- > n ± a) ® % 0 co » ® � o . >1 2 2 — n d / 2 \ C m ® ¢ L k co U (0 2 0 U n 70 E To 0 co k C q m® 2 2 q E — % ¢ L § E a) ..e- \ 2 D 0 E § n E k ea % o § $ .g 2 E c c) 6 c\ ? o 0 � 2 q ¢ — o f ®>, E E¢ 5-0 a 2 ¢ E .g o f E 7 o e 2 ' o D t• a o 2 § %� U w o o r O in co > u) - ^ = m co 7 -0 Ca �� 2 ID 2-m ' LC) q » I a_ ^ $ 2 7 n o: 2 u a$ C) § ± rri .a 'C < ¢ .� p 7% p. to y �'O » c t, Lu ® @ % E . % 7 % O ¢ -S- o < E o \ (0 LL LL d q 0 0 N C. czt P1 0 0 O ON - 00 O 00 C4 ON, -� -: o D(-NI o o 000 O N N M 69 Expenditures 64 Excess of Revenues over Expenditures (6,401,687) NOTE Beginning Fund Balance (estimated) O 0 EA Projected Ending Fund Balance 1 Amount available to transfer to the General Fund. dC Pro's and Con's of Solid Waste Services as an Enterprise Fund 1 0 0 ¢ 0 c ¢ ± \ 7 % 0 0 m 7 2 0 k 2 ® 0 F2 n r m o o o / 0 \ 2 > / 0 E. » n n ) ± % i2 g OID 3 Ea) » 0 0 _c co 2 E E 0 o co y % ; m @ E .u) o > 0 k § , U o 9 0 0 _c n m_ r t a t ® — �� (j) ID ± I a § < � n >i c — k 0. ' . 2 2 o 0 t D fj 0 0 O - % O % O E 0 U Long -term debt commitments restrict cash assets o > a $ a- 2 3 0 m >, C 2 .@ E 2 •O _� D o ¢ 0) 2 ¢ o .% co § E F c 7 E 0) 0 1 1 Budget Calendar N to c -o c c a) = > LL tea) U_ co 5 'U N Q u) 0 I a) c o O N .( U = U a) o co -4-+ a) L CD sa) C CO I ti r a) c —) June 24 Budget Discussion - Enterprise Funds c O O D a 0 Go c .c c co c a) -c '3 1 co co U W cC = N N 1 1 I Lt) CV CO r N >, A >, = = = 1 1 Questions & Comments 1 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Convention and Visitors Bureau (CVB) Update on Nature Tourism Initiative STAFF PRESENTER(S): Name Title /Position Department 1. None 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. Keith Arnold CEO CVB 2. Ted Eubanks CEO Fermata, Inc. 3. PowerPoint ❑ Supplemental Information ❑ -281- 21 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Corpus Christi - An Age - Friendly Community STAFF PRESENTER(S): Name Title /Position Department 1. Elsa Munoz, Superintendent of Senior Community Services Division, Parks and Recreation Department OUTSIDE PRESENTER(S): Name Title /Position 1. Betty Lamb, Chairperson, Mayor's Council on Aging 2. Janna Shoe, Secretary, Mayor's Council on Aging Organization BACKGROUND: The Mayor's Council on Aging was established in 1987 as a coalition representing service providers and advocates for older persons in the Corpus Christi area. A local network of professionals and community members are committed to promoting awareness and issues effecting Corpus Christi's diverse older population. REQUIRED COUNCIL ACTION: Endorse and support "aging in place" initiatives as recommended by the Mayor's Council on Aging. PowerPoint Supplemental Information El Sally avlik Parks and -285- rector creation Department c .o c 0 77 c 0 0 0 a3 _c 2 o) ED o I " L_ E 0 c 0 -c c o o O co L '*_' O U) cv0 u N 1- ) a 0) ?, U7 Q ti3 0 o ra N 0 ;±� c (13 O N. cn W co CO N c 0 D a) = 4 Q O 0 c a) n "" 0 co 46 E 0 c O Q co = U 0 D > E U cn oE +a c cm U O.0) O +� N i°' Cn co O Q cn = C cn O U (n c 0 0 " ' E CO Q Q O 1- ,_ H ao co0 0 c a) • • J E O 0 0 Q E P 00 O O O 0 0 0 0 1 °e5 U c O E Z3 0 O o 2 E 0 • • • • • • • • • • • II • • • • • • c 0 U � E E E O U 4) E 0 d E x c c c 7 7 O L N O th C 0 O p C Ct 10 • u, E co Q N O w OL E rn O t11 • cD C O U L = c's E E O 0 • L O O c �,3 > >,O o s.r,a, (1) N .0 2 O — E cti .0 CD 0 4-1 22 N i O i g ^ C ea ^f ." N 0 0 co 0 0 N 0 0 NI- vi o- > 0 0 0 0 Q3 0 0 0 F- F O- I- • 1 • • • 11) _c 0 E O c E co O4_ 0 O O c 0 a) E EU tibia c 0 C =0...;L � 0 0 C 6D E +r _.. c cn End c CJ O C ° Ev E a... c s_ D R3 D O N 0) E m a C o -0 1 • • c a) cv c c Co E 0 co 0 13 2 N To co N E 73 0 N E 0 L O U 1 .' c 0 73 c 0 m0 cn ; • 0 c }� • c 0 L 0 a c 12 1— L c 0 0 t O O_ c 2 ([3 U_ la (U (ll N_ 0 U) L O 0 co L t (t3 O 0 R3 J v- O 0 6 E E a) CO N 73 c (13 co a) O a) > D O a) Q E N a) c O v) a) a) 0) -0 CO O U a) N co Q to 0) c '0) a) E W • 0 O E E E a E (6 c ) (1) O) E c o O co >, c © - t c...._ u O 0 c t O U a) E U_ U L O . = U. SZSZi a 2 • c O g co cn O - c 2 c ui u) U 1:3 N o 2 -o (U D (1) N ( U) E t o >,..O U) 0 c n cn c L U Ell D O ,- a) Q) .c c O N 46 c Q X E O N N - n O o =• O Q 0 c 0 N XX -O Cn ._ W 0 o • • ng the needs of the 0 l- t o c E O E c U In (0 Z3 0 Q CL (i) 4) O j 0 W c O c 0 H 0 0 L 0 0 -N� 46 CO O- E co cn 0) c c O 0 c © a .® v) 0 E O a) .> O cl 0 e 0 0 8 WOO E E -c 0 C 0 w -c -0 E O 0 J >cO C al CO (ll to c L C V co 13 Q L c O 0 ni -t O a Q r s from the patronage of a) E >1 c E o O 0 c +• O z, a) CO o ©Q O C • • a) D a) c (ti X a) Cr) 1 c orpus Christi to be 0) c c 1 0 0 c 0 82:2582 0 O O QQ Q Q .- Q o C engagemen • • w 0 0 3 • 0 E t C U N Cn c2 L N Q) O ' " ``' O V co 70 N t-- Ct} X N N I- D Rf Cr O X � 0 (1) N c C i °v ;t. ?=o 2© }' Coo cu �Q (n LL-0 CO}. J D • • • E (/) N paU c O 0 w E D (/) L U E O w cn L L O a L -- t13 C E O E cD© O O _ E �+i 0Oco 4J N O co 0 NJ C • c cn c © c 0 4- E 0 o o 0 0 0 0 0 0 X a) E 2 O L 0) as c 0 0 c as a) a) L 14— L (nn, a) 0 co a ran 0 c CO E cs 0) 0 Q c ZC 2 3 0 C3 (t) u) N Ell rr� 0 E 0 0 E 0) C 0 0 0 0 0 0 0 0 0 C CO W fi 0 O 0 0 0 c CO 0 C 0 N 0 0 0 0 D 0 0 0 E vJ 0 0 0 i 0 '.0 0) c Q '4, U 0) O E5_ (6 0I— w o o rn c C. O O cn cr < ©U) (0 0 _c 06 0 0 a D 0_ 0 .' (U o U) c cn Q c c cn WW CO CL E O c 0 O c ca 0 CO 0 0 L, tibia 0 O 0) c c '5 F. c 0 (1) O7 U) c Ell 0) 0 QO Ti 0 0 *E E 0 o a) -c 2 a) E w o ° E CD- -a 0 a) o w 16 (1) o CY) 22 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Bond Issue 2008 Project Recommendations STAFF PRESENTER(S): Name Title /Position Department 1. George K. Noe City Manager 2. Angel Escobar Asst. City Manager Public Works 3. Oscar Martinez Asst. City Manager Admin. Svcs. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. None 2. PowerPoint Supplemental Information 0 -305- eorge K. Noe City Manager c O •4= co c 0) 0) L ri .0 c O 0 June 10, 2008 D a) L O 4J O 0 0 (� = X O z CO CD U o L 0 0. >, U N � O E o N L Q co O O as U 0. it P o O_c Nc 0 ON P O p j C 0 • _ .L - c O • W ca L 2 0 t E2 0 to at 2 _O a) co" 0) oo c02 a) a o •0 ca x730 0 =o = c O o C N o o c —0 1:2 o W UN CO CO • • • ^1 W 0 O 0 co O O N 73 c 0 CO co 0 0 N to CD c . c c N c D a) 0 ▪ U 0) c O a) a co .a a) _ c E C 4• 1- U N U a) To a) X m C 0 a) 0) CO O D a) .E la o c N 4' E 0 0 0 0 C o 0 0 (1) N O) O) (3) = 0 O CD O -- O N... .0 • Q = 0 00 D N . (0 N D O U co c N >' c13 CO E a) as • O � L .c L N >N L c p cm N O U _a L (6 N c > >' a) V) O >, E Ii c z ca O N 7 +� N cn 2 5 2 o c L >,N D 0 L U N c co . ct O L. .0 U 0 E2 N LO c la N co U LFa _ pp U CZ (0 CL c O EL (6 N c � 0 C CZ O • ,0 O U�a,I— E U 0 CD >, O Q c E � v ) O Q CZ v=)�'-U v o0) C) c6 Ca U }'ON L CD • — Qv) Dnc O a0 • • O 0 L Q a0-+ 0 a) c0 •N co a_-• co •a cm co 92 L — U c c6 = O •O O 0 a Q U o •� O O •L cm a lc a) ° •- N c 0- c co Q O NJ d ti o = U) • 1(7 u) 0 CL DC CZ co C (%) 0 a--+ o cm _c) 0. 2 a -5 ww'co •E s- c 0 c •U ?-• ca 0) U a o_ d) co -a o - O - a) CL 2 E E2 c E 0 co O.� 0 0 a �= Z u) co c co a) •O a) co a) N E Q a) = 0 L 0 c 4- co a •o a) E con Need Bond Counse c .. O .... O a O 2 0 -a c O w co • — U) co L- w O a) '2 O O (I) N t $102,000,000 O O O O O cp O oci o o) O, LO Lf) 603 69- N N as (I) D c as a) n N tU co I LL U U la • • t Parks and Recreation 0 0 0 O O M r E gi $150,000,000 Q 0 0 0 0 0 0 0 0 0 0 000 O 0o 00 ° 0 0 o o o 0 o Q 6 6 0006066 000 .. o o� 0 0 0 0 0 0 0 0N- coco Lo o0 6 Oo N (6 N C.j 69 r 69 Streets -- $102, 0 c C Q (a t/) +' W .3 N E N oo O U E c c co U - > • — 4) (n c N> 0< C N> N cz co01— Qcouoo_00E- c 0 CO c CD a X W c O U 2 ii) c 0 0 d) ct lia) 2 (f) • 0 (f ) 0 0 c 0 CO 0 1 c J CO CLII CD C5 t Staples Brawner to Go 0 L o D 0 E E 0 0 0 co c . C5 E co co 0 1 . C5 0 2 0 0 0 0 2 1 N a 0 rn CT 0 Q CO 0 0 CO 0 0 D 0 It i/ 1 0 7 O O • ca 0 0 (1) 0 0 2 1 CO 0 co (1) • 1 i c i ( l TXDOT Matches E co ■ Holly Rd (or Wi N i/ 0 • • Amount for future projects c N Q cm c ai c O . Ni. co M co I c la O c co a m N c aj O O • U L N 1 U 0 o I L c a) U 0 CO O CO asCin • Junior Terrace — Everhart to Robert Comanche — Sam Rankin to Mexico Horne — Port to Greenwood c 0 D CD 0 g- m L 0 LL CD 0 N 0 • 4- Downtown lams to Schatze 1 1 > 0) 4- CO En c CO CO d) la 0 Warehouse 1.2 a) eii? Ifi < 0 0 CD CB co I7 Lc 0 92 Lo > •C 0 o m -o >, co tii Im" co LL w 0C 0 0 N :1-• ti.• L. CD ca o z b_ a ■ mpound Lot Ph 1 N 0 CareNector Faci o as lc E > < • 0 0 0 o LC) LC) N e- 1 CO 0) .0 CO Li_ U . la 0 co 0 W 4 -+ LZ U 1C-5 a) W CO 0 0 c fit cm c N 1 E 1 O C a) _ Q N N co CZ E 2 ri U cc O Q LE O � -g) 0 co co ( 13>N O L.0 92 N N (A LO U t I o 0 CZ C\I O CO mprovements (City wide) Neighborhood Park cn c 0 c O 0 N _ c 1Y 0_ co N }• W Q L E to 45 - (P O � C o U °) U o CO L c o . N v 1 1 L O O D o c6 L 0 0 in • • _ c E c N a O O O O }, = O E O a) a 0 a ca O > 73 CO O oo O CD ° . 0 C a 0. O- cn cn a �es E a 8 c� st _ ° E n U CL W (n Q U ca U U 1 O O CL O co co O ai J m CO ci,) u) a "f ev% (7) ■C ■C D. D O O W m 0 0 CZ O U 2 2 (n Z Z c 0 ca Dev Pb 1 1 c CT 0. d) 1 co O 2 O O - O O O O M CO > r m s a) co 0 0 92 Q E co • Phase 3 or Co • Buford to Lawrence Street iseum reuse 0 0 0 E 0 a E 0 0 O 0 D c 0 c • c co 0 to -c ^p n • I:3 0 O o C > N 7 E a) n a C a) oC m O ca o N t U � — o Q 0 0) co E-0 O ct O C o = 0 x • o s o N a W L a) O 0 E O a) ca .A-. 4- 0 a--+ . E a a U > O O c a) t �� 0 . F-21 .a : �� ca 8 act 0 o ° =E tea) 2 �J CO (a 0 ca N Q tt 0 11 c O N e- U N ▪ c 0 co E W Second Draft c > O la :1-a -0 N N W 0 D D c ca ca N N la ca VI U = E c 0. U u) 2 co c 0.) c c LL L a ° O52 c N O c +� U_ :I-. O in a - = la O— 0 0) = D CO a O Q O W Q • c 0 . W 0 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/10/08 AGENDA ITEM: Presentation on the South Texas Jail Diversion Program and the Corpus Christi Police Department Crisis Intervention Team. CITY STAFF available to answer questions Name Title Dept/Division 1. B. P. Smith Chief of Police Police 2. Denise Pace Senior Officer Police OUTSIDE INDIVIDUALS available to answer questions Name 1. Debbie Dumesnil Title /Position Organization Program Administrator Nueces County Sheriffs Office BACKGROUND: Nueces County established the South Texas Jail Diversion Program with funds from the Substance Abuse and Mental Health Services Administration. The Jail Diversion program is designed to identify those arrestees who meet specific criteria allowing them to be diverted from the criminal justice system and into the mental health system, allowing for treatment of the underlying causes of their behavior. The CCPD Crisis intervention team involves training officers to deal with people involved in mental health crises, to allow for more effective outcomes that address the underlying causes of their behavior, while minimizing the need to use force and incarceration . Attachments: -309- Bryan P. Smith Chief of Police City of Corpus Christi City Council Meeting June 10, 2008 Presentation by: Chief John Galvan Project Director and Debbie Dumesnil Program Administrator South Texas Jail Diversion Program Summary I. Brief History II. Jail Diversion Defined III. Nueces County Jail Diversion Program A. Background of grant B. Partners C. Current status IV. Components of Jail Diversion Program A. Pre - booking B. Post - booking V. Value to City and County —310— South Texas Jail Diversion Program Program Administrator — Debbie Dumesnil 361 - 887 -2212 Program Summary Criteria Pre - screening Criteria: • Person is at risk of incarceration • Person exhibits signs and symptoms of mental illness • Person is non - violent • Must have an arrestable offense If client is identified as potentially eligible for jail diversion, a law enforcement/CIT officer will fill out a referral form at Spohn Memorial Hospital Triage Center. An offense report will be attached and a background check to double check criteria will be completed and signed off on. Spohn Triage will notify Jail Diversion staff and start the process. Jail Diversion staff will screen clients for Program eligibility at the Spohn Triage Center or MHIVIR Pathways Respite Center. To be eligible for Jail Diversion services, clients must meet admission guidelines and provide informed consent. If consumer is not stable at that time, staff will return when consumer has been stabilized. Admission Guidelines for Pre - booking Jail Diversion: • Persons must be exhibiting signs and symptoms of mental illness at time of offense • Person must have committed a Class A or B misdemeanor. • Crime cannot be a DWI • Persons must be 18 years or older • Person must be non - violent • Person must have no violent criminal history - "Class A or Higher" • Person must have no prior felony convictions — State Jail Felonies involving drug use will be considered by the District Attorney's office on a case by case basis • Person must have no sex crime convictions • Person cannot be a registered sex offender • Crime must have a mental health relationship • Persons must agree to participate in program These persons are not arrested, but taken to Spohn Triage Center and diverted from jail and incarceration. The police report attached at time of referral can be used to issue a future warrant by the DA's office for those participants who choose not to comply with the program requirements. —311— Post - Booking Jail Diversion: The Jail Diversion Program will also provide Jail Diversion screening and enrollment at the Nueces County Jail. To be eligible for Jail Diversion at the pre- disposition stage clients must meet the following criteria established by the Nueces County Districts Attorneys Office and the Stakeholder Committee: Admission Guidelines for pre- disposition Jail Diversion: • Persons must have a mental illness, either a history or newly diagnosed, or showing signs and symptoms of their mental illness • Persons must be 18 years or older • Crime committed must be a Class A or B misdemeanor only • No violent criminal history — Class A or higher • No prior felony convictions — State Jail Felonies involving drug use will be considered by the District Attorney's office on a case by case basis • No sex crime convictions • No registered sex offenders • Crime can not be a DWI • Crime must have a mental health relationship • Persons must agree to participate in program All jail referrals will be completed by a trained CIT corrections officer or Inmate Management Counselor from the jail. All applicants must be reviewed and approved by an Assistant District Attorney. Any exceptions to the above guidelines must be approved by the First Assistant District Attorney. The Nueces County Jail will notify Jail Diversion staff when they have identified an inmate as a potential candidate for Jail Diversion services. Jail Diversion staff will screen client in the jail and if eligible for program, will immediately notify the District Attorney's Office to inform them of the potentially eligible client. Jail Diversion staff will work with the client in the jail to develop a treatment plan to be presented to the District Attorney's office. Jail Diversion caseworker will staff the case with District Attorney staff and Judge to determine best course of action to meet the needs of the client. Only the Assistant District Attorney can ultimately approve entrance into the program. Jail Diversion staff will accompany client to all court appearances and/or advocate for their immediate release to begin community -based mental health treatment and services. Jail Diversion staff will be responsible for follow -up services for the client to ensure they continue receiving mental health treatment. They will be responsible for providing compliance reports to the Court for all clients enrolled in the program at the pre- disposition stage. Jail Diversion staff will also be responsible for contacting the appropriate authorities to determine the next course of action when a client fails to comply with treatment. Original charges could indeed be reinstated. The DA's office reserves the right to issue a warrant for the original offense(s) should the client fail to adhere to their treatment plan, repeatedly re -offend or commit a serious felony offense. —312— • U p En a) — . c c a) c •- 10 . a) 0 Es 0 2 I- ■ • • EF.zF.x..x... eTh (1) N c iance on Menta • MHMR ( Menta ^ (1) Q N 0 :U ate-+ (n N _o Z V) (a co s a ( O N .c a) N a--' U) O 0 c �. C U L 0 co co t = 0 Q N c.1_ U'• ° _c _c N U U V) DC • • • Cis U 11 Citizen's Po co 0 > Q E (n . Q 10 0 co co cn 0 U • L 0 0 < U a cp . 0 z U z rEs 0 co m co .orb) co 0 • • Deaf and Hard of Heari (n sic L 0 co a) I- cn n d U . cn 2 = . Q 2 sv o •U — u v co 2 = c C . V) a) O w F— ) • • • Theater Arts O 0 n U V) n cp 0 ta 4 0= 0 � p CD = • • Partners Resource Network (n CU U n O H co CU b 02 b m Q a U cp i • • • a i 0 E E t = co (n a a p U 0 U a .— (o O = v.) O I- 4-, V) 2, .- 5 E •— U� sa) C = .E >,,, i U co • • L. T O C C,- CD CD CD co co CO i o a) I- 0 0 U as) U • • 0 (n tn . U U • ^O-C 1 'E h!. fat fa fa a) U 0 0 z • • C 0 U co •- 0 a--' n \J) E U cll t (n co a ^ L U 4.) U a O of 0 Q E 0 u)t X co U F-0 • • L 4_, �--� 0 4_, a) a) SI C E E.— a) U_ -I__' • (a a C co co c2 fa 1. ci. szu -t co 0I- � w 0 0U ' Q U U _ 8 • U a a� (n CU 0 �_ = a_ Es Es -5 -5 u E O ta Q Q (a O Fp _c -0 t t fa- EL -t fa E a_ O O E.-- O • • • • • •1 N M it o o 0 0 0 a_ a_ a_ a_ a_ O O O O 4) E co 1) (n (n (n (n (n co 0 0 0 0 0 3uuuuu 0 cll c c c c c 0 = = = = = 0 0 0 0 0 CL U U U U U 0 0 0 0 0 U 0 0 0 0 Q DM= M M= Z z z z z z • • • • • • (n co c 0 E t co a szU 0 i a) U U tE 00 c Est .erc U as Clc U U � • • There are 117 CIT Trained Officers in L- . w co a L F a= 0 i 49 J ra c c C . eri p ca z U Z5 (n I. 0 n 0 t 4= isni a 4t 0 8 Z < U w • Z' 0 0 tn 4- a) c a) co • .0 '8 >, 0 1 r tl N U 'RI 4 o ° c.) 1000%1~ City of Corpus Chnsti -316-