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Agenda Packet City Council - 01/20/2009
CITY COUNCIL AGENDA JANUARY 20, 2009 oRPORA� 1852 11.45 a.m. — Presentation to the Corpus Christi Department from the ASCLD /LAB and the Texas Department of Public Safety for Police Crime Lab Certification Swearing -in Ceremony of newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JANUARY 20, 2009 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habit un intr rprete ingl4s- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Pastor Don Tuttle, First Christian 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 Michael McCutchon Council Members: Melody Cooper City Manager Angel R. Escobar Larry Elizondo, Sr. City Attorney Mary Kay Fischer Mike Hummel) City Secretary Armando Chapa Bill Kelly Priscilla Leal John Marez Nelda Martinez E. MINUTES: (NONE) Agenda Regular Council Meeting January 20, 2009 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: (NONE) I. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material en 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) 1. Motion approving the lease purchase of approximately 5,124 curbside collection containers from Schaefer Systems International, of Charlotte, North Carolina for the total amount of $260,826.24. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease /purchase financing program. (Attachment # 1) Agenda Regular Council Meeting January 20, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2. Motion authorizing the City Manager, or his designee, to execute a construction contract with J.S. Haren Co. of Athens, Tennessee, in the amount of $234,050 for the Lift Station Improvements Project - Lakes, Kennedy Causeway, Hubler (Sugar Tree), Gateway Park, and Weber's Glen. (Attachment #2) 3. Motion authorizing the City Manager, or his designee, to execute a construction contract with RCM Constructors of Corpus Christi, Texas in the amount of $ 244,440 for the Wastewater Service Line Repair and Clean -Out Installation Program FY 2008 -2009. (Attachment #3) 4.a. Ordinance appropriating $1,600,000 in anticipated revenues from the Texas Department of Transportation in the No. 3544 Street 2007A Capital Improvement Program Fund for the Americans with Disabilities Act (ADA) Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points project; changing the FY2008 -2009 Capital Improvement Budget adopted by Ordinance No. 028006 to increase appropriations by $1,600,000. (Attachment #4) 4.b. Motion authorizing the City Manager, or his designee, to execute a construction contract with SLC Construction, LP of Conroe, Texas, in the amount of $2,826,066.92 for Americans with Disabilities Act (ADA) Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points. (BOND 2004) (Attachment #4) 5. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to an Architectural Services Contract with ArchitecTKO (Terry K. Orf) of Corpus Christi, Texas in the amount of $173,400 for a restated fee of $181,620 for the South Guth Ball Fields relocation to a tract located on Paul Jones Avenue for design, bid, construction phase services. (Attachment #5) Agenda Regular Council Meeting January 20, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6. First Reading Ordinance - Authorizing the conveyance of property located within the City at 601 14th Street for an affordable housing project to Habitat for Humanity- Corpus Christi, Inc., as a qualified nonprofit corporation, subject to specified conditions; authorizing the City Manager or his designee to execute all necessary documents related to the transaction. (Attachment #6) 7. Second Reading Ordinance - Amending Sections 14 -1304 and 14 -1313, Code of Ordinances, City of Corpus Christi, to establish the fees for Third Party Plan Review and Inspections requested by applicant; providing for publication; and providing an effective date. (First Reading 01/13/09) (Attachment #7) 8. Second Reading Ordinance - Abandoning and vacating a 1,945 - square foot portion of the Lakeside Drive and Mounts Drive (undeveloped and unsurfaced) public street rights -of -way, located at the intersection of the Lakeside Drive and Mounts Drive public street rights -of -way; subject to compliance with the specified conditions. (First Reading 01/13/09) (Attachment #8) J. PUBLIC HEARINGS: (NONE) K. REGULAR AGENDA (NONE) CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 9. Local Economic Condition Update 10. Report on Tuloso- Midway Independent School District by Dr. Cornelio Gonzalez, Superintendent (To be considered at approximately 11:00 a.m.) (RECESS REGULAR COUNCIL MEETING) M. MEETING OF CITY CORPORATION: 11. CORPUS CHRISTI HOUSING FINANCE CORPORATION (CCHFCL Agenda Regular Council Meeting January 20, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION REGULAR MEETING Date: Tuesday, January 20, 2009 Time: During the meeting of the City Council beginning at 10:00 a.m. Location: City Council Chambers City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 1. President Bill Kelly calls meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers Bill Kelly, Pres. Vacant, General Manager John Marez, Vice Pres. Armando Chapa, Secretary Melody Cooper Mary Juarez, Asst. Secretary Larry Elizondo Cindy O'Brien, Treasurer Henry Garrett Constance Sanchez, Asst. Treas. Mike Hummel) Priscilla Leal Michael McCutchon Nelda Martinez 3. Approval of Minutes of August 19, 2008 meeting. 4. Approval of the Financial Report. 5. Motion to designate 'Angel R. Escobar as General Manager of the Corporation. 6. Approval of a Resolution Concerning an Election to Issue Mortgage Credit Certificates in Lieu of Single Family Mortgage Revenue Bonds and Establishing the Mortgage Credit Certificate Program, Series 2009. 7. Approval of a Memorandum of Understanding with NRP Holdings, LLC for the Development of Phase II of Costa Tarragona Apartments. Agenda Regular Council Meeting January 20, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 8. Public Comment. 9. Adjournment. (RECONVENE REGULAR COUNCIL MEETING) 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.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. Agenda Regular Council Meeting January 20, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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 Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 12. Executive session under Section 551.072 of the Texas Govemment Code for deliberations regarding the lease of real property, with possible discussion and action in open session. 13. Executive session under Section 551.087 of the Texas Government Code for deliberations regarding the offer of a financial or other incentive to a business prospect, Memorial Coliseum, with possible discussion and action in open session. 14. Executive session under Section 551.071 of the Texas Government Code to conduct a private consultation with its attorney about a settlement offer from HDR Engineering, Inc., relating to Temporary Authorization W W C No. 11899778 for the City of Corpus Christi Cefe Valenzuela Landfill — Municipal Solid Waste Permit No. 2269, with possible discussion and action in open session. 15. Executive session under Section 551.071 of the Texas Govemment Code, Consultation with Attorney, to discuss contemplated litigation, with possible discussion and action in open session. P. LEGISLATIVE UPDATE: (NONE) Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 81St Texas Legislature. Agenda Regular Council Meeting January 20, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Q. 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 4,?:3C p.m., on January 14, 2009. to Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Friday before 5:00 p.m. Symbols used to highlight action items that implement council goals are on attached sheet. SUPPLEMENTAL AGENDA REGULAR COUNCIL ~lEETIN CITY of CoRPU CHRISTI, TEA CITY HALL - COUNCIL CHAMBERS ~ ~0~ LEOPARD ST. JANUARY ~~, X009 ~ ~ ~0~ A.I~II, PU~LI IVTIE is hereby given pursuant to Texas open Meetings Act of the folloing addition to the agenda of the City Council to be considered at the above meeting: 11:4 A.M. ~ Presentation of the X009 Earn More, Learn More Calendars by the UlJorkforce Development Coalition I~ CONSENT AGENDA 8. ~ . Motion authorizing the City Manager or his designee to execute Change order #1 Frith Heel-Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of g~,G7.8b for a restated amount of x,407,07.8 for the Doddride Street Irr~provernents -Ocean Drive to South Maples Street project to expediting construction at the Alameda intersection and south~rard past the commercial de~relopment, improved traffic control and better access to the area businesses during construction. [BOND IUE 204]. PORTING TATEI~ENT: This supplemental agenda uvas posted on the City's official bull 'board at the front entrance to City Hall, ~ 20~ Leopard Street, at ~ . , January ~ , 2009. Armando Chapa City Secretary City Council Goals 2007 -2009 Develop Street Plan Texas A &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 Requested Council Date: 01/13/09 Alternate Date: 01/20/09 PURCHASING REQUEST FOR COUNCIL ACTION CONSENT ITEM/MOTION RECOMMENDATION: Motion approving the lease purchase of approximately 5,124 curbside collection containers from Schaefer Systems International, Charlotte, North Carolina for the total amount of $260,826.24. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). The containers will be used in the City's automated collection program Funds for the lease purchase of the curbside collection containers will be provided through the City's lease /purchase financing program. ************************************ s********** * *** * ** *s * * * * * ** * * * ** * * * * **** *s Purpose: Basis of Award: The containers will be used in the City's automated collection program These containers will be distributed to residents in new start-up homes, residents requesting additional containers and replacement units. The entire City is currently on the automated collection program. The containers are purchased through the cooperative purchasing agreement with HGAC. HGAC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Funding: Solid Waste Department 530190- 1020 -12510 (4 months) FY08 -09 $18,979.52 Lease Purchase of Refuse Containers The containers will be funded for a sixty-month period with an estimated interest rate of 3.5 %. The actual interest rate will be determined after the acceptance of the containers. The estimated annual payment for the Solid Waste Department is $56,938.56. Total estimated cost over the five year period, including principal of $260,826.24 and interest of $23,866.56 is $284,692.80. Michael Barrera Assistant Director of Financial Services —1— CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BUYER: MARIA GARZA 1/13/2009 BID INVITATION NO: BI- 0092 -09 Containers for Automated Collection Program Schaffer Systems International Charlotte, NC Item Description Qty. Unit Unit Extended Price Price 1 95 Gallon Refuse Containers 5,124 each —2— 50.90 $260,826.24 2 AGENDA MEMORANDUM City Council Action Date: January 20, 2009 SUBJECT: Lift Station Improvements — Lakes, Kennedy Causeway, Hubler (Sugar Tree), Gateway Park and Weber's Glen (Project No. 7406) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with J.S. Haren Co. of Athens, Tennessee, in the amount of $234,050 for the Lift Station Improvements Project — Lakes, Kennedy Causeway, Hubler (Sugar Tree), Gateway Park and Weber's Glen. ISSUE: This project addresses upgrades to five lift stations for equipment and systems that are beyond their usable service life. The proposed project provides rehabilitation of the five lift stations including bypass operations for the replacement of pump bases, guide rails, control panels, main disconnects, discharge piping, valves and other miscellaneous items to restore reliable service to the areas supported by the lift stations. FUNDING: Funding for this project will come from the Wastewater Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map Pete Anaya, P.E. Director of Engineering Services H:( HOME %Rache1NtGENIWastewater17406 -Lif Stations Lakes, Kennedy Causeway jt enda Memo doc AGENDA BACKGROUND INFORMATION SUBJECT: Lift Station Improvements — Lakes, Kennedy Causeway, Hubler (Sugar Tree), Gateway Park and Weber's Glen (Project No. 7406) PROJECT DESCRIPTION: The proposed project consists of the rehabilitation of five lift stations which requires bypass pumping, traffic control, the replacement of pump bases, pump guide rails, control panels, main disconnects, discharge piping in the wet well, gate valves, check valves, the grout fill under top slabs, site filling and miscellaneous items of work required to complete the project. BID INFORMATION: On December 19, 2008, the City received proposals from five bidders (see Exhibit "B" Bid Tabulation). The bids ranged from $234,050 to $501,000 for the total base bid. The estimated cost of construction is $295,250. The City staff and the consultant, Urban Engineering, recommend that the contract be awarded to J.S. Haren of Athens, Tennesse, in the amount of $234,050.00 for the total base bid. CONTRACT TERMS: The lift stations were prioritized in the following order with work allowed on only three lift stations at any one time: Kennedy Causeway, Hubler, Lakes, Weber Glen, and Gateway Park Lift Stations. The total project duration is 150 calendar days, with completion anticipated in the summer of 2009. PROJECT BACKGROUND: The existing lift station systems have reached the end of their effective life cycle and are at a point that further deterioration jeopardizes operations and service from the lift station. This project was developed and packaged with multiple lift stations to simultaneously address the needed improvements, thereby benefiting from increased competition and economy of scale. A previous project for three lift stations was designed by Urban Engineering under the same engineering contract. That construction project, Lift Station Improvements: Cimarron at Yorktown Lift Station, North Beach "B" Lift Station, and North Beach "D" Lift Station, was awarded by the City Council on July 22, 2008. The improvements to two of those lift stations are completed and the contractor is planning to have the third lift station completed in January 2009. PRIOR COUNCIL ACTION: 1. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) PRIOR ADMINISTRATIVE ACTION: 1. April 21, 2008 — Administrative approval of a Small A/E Agreement for Architect/Engineer Consultant Services with Urban Engineering in the amount of $26,955 for Lift Station Improvements: Cimarron at Yorktown Lift Station, North Beach "B" Lift Station, and North Beach "D" Lift Station (this contract also included the improvements to Lakes, Kennedy Causeway, Hubler (Sugar Tree), Gateway Park and Weber's Glen). —6— EXHIBIT "A" Page 1 of 1 co Wx to tl) K en2 V K co 0 - O m U. O u. 0 O 0 y O0 P 5= mw aW W 0 _ W LL O H _ W re K a a ILI a 0 ENGINEER'S ESTIMATE: Time of Completion: 150 Calendar Days ul a d a 00 • 0 Q) N ao; CO ID E H o 50 ma H0 King - Isles, Inc. 1641 Goldston Rd. Corpus Christi, TX 78409 AMOUNT 00 e. 49 00 00 h 0 of of 00 00 2902000 0 0 0 0 0 S S S O B S p O O vi49 OM O NN3 CO 6 69 tli 0 O 49 0 O 000000 0 0 0 0 0 0 0 0 0 SEA NM 'M �N 69 IA 0 0 f9 00 0 00 0 S 0 N 0 0 S 0 0 rW NW ^ �Np AN di di MM 0 0 N NM UNIT PRICE 0 O U) 0 0 N O ON NOi 0 0 0 0 0 0 0 0 0 0 000000 0 0 0 0 0 0 0 N S S S O S S S 0 0 0 S 0 0 0 S .10 00 0 10 too CO NONNO NS tg0NO NNn t0) N aD ^l'6tc �oJ N�ONt6 ,-Nt U) 0 0 0 0 N0 UiN Jhabores Constr. Co., Inc. P. O. Box 60089 Corpus Christi, TX 78466 AMOUNT O 0 N N W O O 0 0 rO NO W 69 O Q O Ap o N-U(p) ef9 0 0 0 0 0 0 0 0 0 0 0 0 S" K W in�.p Inr 19r m OMf9N M 69 19 0 0 ONi 19 O 0 0 0 0 0 O S 0 0 0 0 0 6 f OCCO mfcDry S COON 6969 IA61 9r) 69 0 0 69 0 0 0 0 0 0 0 0 ON 1O�pp C) 49NWt949 0 0 Ct0 0 N VICD 61N 19 0 O S O i 69 ZU 7a 0 0 0 N 0 0 00 .N- 0 NO 0 0 00 N0 Ul 0 0 0 0 0 0 0�0p00S0p0 MMt mNh rof CD fl UiN 0 0 0 0 0 0 0 0000000 0003 CO CCOAom NOi N •-00.- 0 0 0 0 0000 ONO CO NN Ul N 0 0 y00 NM Uia Haren Box 450 TN 37303 AMOUNT 0 . O S � 0 0 0 S aO 0 of f99 0 0 0 00000 S S 0 SSSSS N 0 M 0 0 0 0 N �4 49 ;494990 0 0 CO 0 0 0 0000 S 0 0 0 0 0"" 0 0 0 0 0 0 N 196191969 69 0 N f9 0 0 0 0 S 0 S 0 0 a O 0 0 09 cif of 0 0 0 0 N in 69MCO 0 . 0 0 H W V ja 0 6 O M 0 0 0 0 00 Co) 0 0 0 0 N 0 M 0, 0 0 0 0 0 0 SSSS 0 0100000 cc; .or tD of of 0 0, S S 0 0 S 0 0 0 0 0 0 ion 0 0 O O O O N t CJ nNNo4m S S S S 0 0 0 0 0 0 0 0 0 0 0 0 N U) c6 V Gi N .- 0 is Estimate AMOUNT UNIT PRICE r_ Z O IFT STATION IMPROVEMENTS - LAKES, KEN JSEWAY, HUBLER (SUGAR TREE), GATEWA AND WEBER'S GLEN (Project No. 7406) DESCRIPTION ,dificationslRehabilitation for Kennedy Cause 'Replace Two Pumps Vertical Discharge Pipe Ranlan. Frain. Pine. Haarfar -7- Exhibit B Paee 1 of 4 -- O .QI ti re I"- Ccx W y !n O c F Z 0 Q 0oo6000 0000000 0 6 0 0 6 0 0f =N00SM r N ,t 6 to ai Mfg 69 MM rdS 0 a 000 0 00 00 00000 000 q oO 00 o0000 O 6 O O fO 6 O O O O 6 000 0 r0 010 NNOLO 6 M N N 0 f") f+) r N M19M M M la 69 M 69 CO N W 69 O Do O 00 O O 0 00 O 0 N MM 0 0 S N O 0 Of (0 N C r U Y -2- 0 ZU m a 0 0 0 0 0 0 0 COONN Of00-0 r lV 0 00 M m 0 0 0 0 0 O O S S pO 0 0 0 000 0 rg S I() 600)010 r V) f0 - N tV l0 f7 f7 .- N O O O O N o C {0 -O OI 0 co n .).31001_ W U 0.0 Q U L''a S CO O ' U F Z a O o 0 o O S NN IC W F or 0' V CO CO Nr N 0 0 0 fA 110(p > vi a6 MMI9MMM 0 01 r r- N 000 0 O 0 00 S S S 0 o 00 00 I -nin 6 6lG 66 co 6 6ON 006 aN sr InCOSNN r M O V 10 0 N N r N N N W a7 co r MMM 69 69 M69 MM 49 o O CO 0 O O 00 0 00 6 fl N MM S 0 1` 0 G A M N F=U U a 0 0 0 0 0 O O O O O S 'r'NON1ON rNOYO N N CO N m O O O O O O O O 0 0 0 0 O O O O 0 0 O O O O O O InNN O ON 0m) 000 CO 0 Nr ran CO C N0 CO CO V ION fO f01: 6 N N aD 0, o0 r O r O O O O 6 O 0 0 6 6 co 000] C�01,- e V l+l =0!- N O 3 'as < Z U 2 Q 00 0 o 00 el O 00000100 No 6t7 N Of MMMM Mfg 00 S m NM 00 00 00 00 S 00 00 00 00 0o pop 00 0S 0 100 S 0 0 0 00)000)00- N V n a 69 6 Ti f+i fV cc ©fp M M 69 rM69 MMMf969 00 00 0O 0 00 6 N pN 00 O 0 6 d' N M W rU ja 00000 0 0 0 0 0 0 0 o 0 o O o O 000000 0 0 0 0 f 0 10 fV M oO in W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O 6 6 6 6 6 6 6 6 O O o O 000 0 00 00 0000 000 N 111 0 0 0 00610 N V n 01 r` f7 N Qi f0 0 0 o O o 6 0 0 0 6 6 Engineer's Estimate AMOUNT 0 0 0 0 0 0 0 0 0 0 0 6O6 oo O O O 0 O0 l 0 N 0 N O 0 6969 OM �Nr 0 0 6 c 0 N V M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 O o66 O 66 66 O000 0 0 0 0 0 0 0 0 0 0 0 0 W N 0 0) CO 00 LO r N 0 0 e. 69O MN 69 MM Nr 69 of f9 69 M 00'000'01$ 00'000'0E$ 0 0 0 O 6 o 0 N O N 6 N 69 w UNIT PRICE 000000 000000 .0 0 S 0 0 0 0 m ON ONOO 0 R CO Oi NCr/ ` 000 0 00 00 0000 000 0 00 00 0000 0 O O O 6 O S S O 0 0 0 0 m )0NO O) D 0 l0r ' 00 W V COOT V NcD Oi V 0 0 0 0 tp S O m0 O DN Or A LIFT STATION IMPROVEMENTS - LAKES, KENNEDY CAUSEWAY, HUBLER (SUGAR TREE), GATEWAY PARK AND WEBER'S GLEN (Project No. 7406) _ __ 1- Z m 0 y CO J J J J J q m W G J J J CO J J J J J J J J a _ m LL W C lic "'"CO J n 6 0. ax aa W S m r r rr rr rrrra N r r m g 5r r9 t N m O) g Q �0 H a 1 W U m W o J W 0 0 m O. a W e >. 3 aa) E- 0 LI- 2 E' a' o a 00 > U 0c N o 0 y H v a- �~.. °1°rn W arm ya)p dtocco.E $F- 1m Wa g. v EE�o� t C W . 7 0 0 0 g6aoE<< oa�3UW'a Ca W,-1- O- b1 a8m383"W W W CO CO CO D {W{pp �a y a aac 2 0 .- 0 0 0 W> oa'0mKa'0m J C 0 _ . 0 3 a d r 0 7 r 3 3 m w.~.. 0 00 ao° mIW° d- 10 Ao �Eo a y E O zmaoam -aoa3 c0) 01-1- pn.E:a. W W an= O a 0 aaa = 0 .- 0 0 amm • a 1 CO c m 0 m Ch 0 N x m °a o° 3 t d ui s c !0 :0. 3 U '5 d a o co 0 a O 0 3 N 3 U a) a 3 o d 0 .W C 0 c a W cE0 d 2o' o 2°E W ?� ca o w ca °c aLL a =C.2C co 0 s— E 0 0 0 > rQ a' uwc5 o a) _IO 3 w o.c 3 -I yF 0 @ a 3 W O W Z 3z WU W W W -0 - !a q O 2 a.7 ` 0 10 as Q. fl, W o 0 W 0 �+ com>(Z am5 W E0F . 0 C7 •• i s 0 3 0 0 3¢� wt>E Rvrn m A2&�a t 3 zc0 eI O- aa2 la L E. = D5LL m «a3 oW .'9 C f°e n. a g 0 N w Q Q c l- Oo 5 cu fa C 3 0 O= Q rC r ''?'t'9 2 • O 0 0 0 0 2 r N M q' N t? I t 0 Q 0 r- W W W W W W W W W W W W W f r N LL LL LL —8— Exhibit B Ponn 7 of d wa z r z< Y3 wct 1- YCI.z 5WWa MRe 17 1-1-s0^ W Q W Z W w 0-O 2 ■ -wr a R F Q 1N. J Q 0 O O 88 0 0 $$88$88 0 0 88888 6 66 do 0 00 00 82662.66 N000 00 00 00000 0 us so usrssoo sr `swan iAiA ss 0 0 0 0 0 0 0 0 0 8888 0 0 0 0 0000 0 S n6369Nw 69tAw w Q 0 0 0 0 0 0004000 0 o 00000 6 o 66 66 oo6gg °o S00 66666 00 1 00 NO 0O6 10 r�.000 O o 060 r RR v Rarvai$ uiN vi �o�m,� 00000000 00 0000 0 0 0000 0 0.000 00 r110 C4 V n 0 0 00 Bo 00 00 0 0 00 00 00 0 00 0 0 0 00 0 00 00000 0 0 0 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6666 0 0 0 !- qv: 0 0 r {t{pp 0000 r-00� MO aO 1�I (00 aD0 t0 V yM (Np OOD el W f9 rW f9 rM r0�N0��kA0� �� fA����� EA l9�� �flt9 MH 63 w a 0 0 00 000000 00 0000 0 O 00 000000 mo o 0 0 0 0 0 0 66 06 666060 m 06 66060 a 000 00 O O O 0 0 000000 0 0 00000 o 0000 0 0 r 00 V 00001-o 0010 OM 10000 m W V r M NO M m^ Rio rONOa'1Q W Nr 0,-,60,- •c MNr V O V M r o 9 m 0000 O O 0) OO OO OO 9 z d J J J J J J J J J J J 'L co J J J J J J J z x 9999 J J e 0 r r r r r ...... a y 6 — R } a t _ rrrr rr,0 0 e m m ' m O S d O F o 0 N = `a CO y m a0.. v, CO AO ; CO a m 0. :-.1 : 0)7> 4.> ya 1- 400 x F 6. m p t r 010 U E 0 N U E > c A c :0 O W t V) .� 2 �C F- 2 R v m Y � !' o C7 v 0 NN U 0 0 e o a r c$ c e `0 �" c o c oa 0'm (/1 moan 0ev co .5. n ;at a� �m °'$y °aO aOiE A,y 0 ¢E FO >OaE Eta, 0 Ea 0�.oa -a a a � aao00a Aa >>co mcoaca 'a ii' E `oa a.o EE.-2' 0c Mc— 70 c ca EE''- 220 me= S... c00 0 roa acorn rim >>.S�C� 0mn 00.4E 0m as rn 0)a0 tax m- 0mnaalA 0m K "abet 0. 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E' N9v0 0 Q¢ « <1 ¢¢¢Q mmmm mmmm •6 Jou( J DESCRIPTION —9— Exhibit B Page 3 of d 00 00 00 00 00 00 ol00000 N 10 (1 N N '9636369(90) S 0 00 00 00 0 R8 00 00 S 0 0 0 00 000 0 g0 Oo 88 M " 00 oo oo 6 o 0 0 oo 00 6 N r N N 0 0 6 8 10) 63 0 0 8 0 0 N N 009000 i 00, O00 0 0000 00 00 00 00 00 606660 0 6 0 O 66 0 0 6626 00 O c o 0 0 0 0 N N 0 0 O 0 G 0 0 0 O O Y) IA M N S r 1n N N r fh 0 N O °m N C o mo (> M X C r wgc m Y 0 m (+1 r O m 11 888.888 668666 o o 0 0 N V 10) n S wwo�s.- 000000 0 0000 p000oo W (000 0 '6`0'1 go 69 969 to w� 0r) 000000 0000 0)(0 0(0 gaga 0 0 09 8 O 0 0 o o N w 0 0 O 0 0 8 O A d co 6 o) N >-M W • a z< Y 1j v) W z awe m1ZN� W QW2 zom0 mm00. 02 a P>: Q m3 LW Mai U _ 0 0 0 0 0 0 000 0 00 00 0000 O O 00000 000 0 00 00 0000 0 0 .0 S O O O S O 9 0880 O S 6 86 68 6886 e o S m 10 v. (D I� A O 8 —8 80 8008 O O m cn (n (d 0 ro o m ri 0 0 vi r a cad vi (0 N �- m N o A • „ 69 CO to m o m w m 0- )y • mmmmmm mmm CO mm mm (3000 ''''CO CO J J J J J J C 1 J J J J J J _1_, J J J J' C J _um t 'a' 0. 1 e a° a a 9 J 0 J v y o 0 j R 1p O. rn m d y !/i m LO coo p m 0 0 m Q A— a aZ o N— a L t m d y o N Y G o co a r Q' a v a $ E Q a U 5 v v Omm o .. a^? G am m Q q ' 0> m 6) o 0> c uo m m �' m m s. 3 0 r> m 3 m — ri- r o 3 c N a O Q m N ,0. ° m W i w O d o E v m c E ` Z �O Q co mu+ >c co �mYrn> s ac a . :0c ea m 00. om•AR'a Oa Ync 21 m' 2 2aE 'a''mO p) J .37-r >m t5 A% >m of 3 c_ c _ 00. H a m `a a a a :a- m a vc v o LL U ern„ a f t O tdy >>(7Um {r003a a'b m vii(o E to dm �x� m oa 3E(a oaog) a'i -jo a cwcc a'�o Comdrra;,a CO 0)mrr3 J ;,r o �d. o Oo�gu 188g888yti F�'mi; (��c�a�v ? m?yv ��g2� 3 -0.00052 omom¢mmm oaozmE0OlLamS aSmr 0OWQ ri'r NT/To(Q a— N( ?Y 9 4 r 9 W O � N a 'TN 0 p 6 o o o C W W W W W W W W W W W W LL U LL W —10— Exhibit B Pooh d of d 1 $ 305,134.001 LIFT STATION IMPROVEMENTS: LAKES, KENNEDY CAUSEWAY, HUBLER (SUGAR TREE), GATEWAY PARK AND WEBER'S GLEN (PROJECT NO. 7406) PROJECT BUDGET January 20, 2009 FUNDS AVAILABLE: ESTIMATED BUDGET !Wastewater CIP Fund FUNDS REQUIRED: Construction Cost (J.S. Haren Co.) $ 234,050.00 Construction Contingencies 23,405.00 A/E Consultants (Urban Engineering) 26,955.00 Construction Inspection 9,362.00 Engineering Reimbursements 7,021.50 Finance Reimbursements 2,340.50 Incidental Expenses (Printing, Advertising, etc.) 2,000.00 Total $ 305,134.00 —11— EXHIBIT "C" Page 1 of 1 \Mproject \councilexhibits \exh 7406.dwg LIFT STATION IMPROVEMENTS - LAKES, KENNEDY CAUSEWAY, HUBLER (SUGAR TREE), GATEWAY PARK AND WEBER'S GLEN -12- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 1/05/2009 •■ \Mproject \ councilexhibits \exh7434.dwg FM 62, CORPUS C9(R.TS1i Bay N NOTE: CITY WIDE PROGRAM PROJECT # 7434 LOCATION MAP NOT TO SCALE G,ULy og straw EXHIBIT 'E' WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION PROGRAM FY 2008 -2009 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 1/05/2009 w.m 13 3 AGENDA MEMORANDUM DATE: January 20, 2009 SUBJECT: Wastewater Service Line Repair and Clean -Out Installation Program FY 2008 -2009 (Project No. 7434) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with RCM Constructors from Corpus Christi, Texas in the amount of $244,440 for Wastewater Service Line Repair and Clean -Out Installation Program FY 2008 -2009. ISSUE: The residential sanitary service lines that do not have clean -outs must be excavated and cut into by the Wastewater Department to clear stoppages. These service lines need to be repaired to prevent debris and surface water from entering the collection system, causing line blockages and /or overloading of treatment plants during heavy rainfall events. The Wastewater Department has an on -going program installing clean -outs to avoid the problem in the future. FUNDING: Funding is available from the FY 2009 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the Motion as presented. Foster Crowell, Pete Anaya, P. E., Director of Wastewater Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Tabulation of Bids Exhibit "D" Project Budget Exhibit "E" Location Map H:WSERS2W OMEWELMANGENIWASTEWATER 7434 WW CLEANOUT INSTALLIA7EhIDA MEMO BACKGROUND INFORMATION SUBJECT: Wastewater Service Line Repair and Clean -Out Installation Program FY 2008 -2009 (Project No. 7434) BACKGROUND INFORMATION: The Wastewater Department assumes the responsibility for all sanitary sewer lines within public rights -of -way and easements. When a blockage occurs in a service line and there is no clean -out, the line must be exposed and excavated and cut into to see if responsibility for the problem lies with the City or the property owner. Once the blockage has been cleared, the broken pipe must be replaced and a clean -out installed. Because many Corpus Christi homes were constructed before clean -outs were required in the City's Plumbing Code, the Wastewater Department has accumulated numerous work orders for clean -outs. PROJECT DESCRIPTION: The project consists of the locating and excavation of existing service lines; replacing approximately 2,000 linear feet of wastewater service lines from the clean -out to the bend or City main; incidental main line repairs if required; installation of approximately 150 new PVC clean -out assemblies; televising service lines to City main; inspecting condition of main, ten (10) feet in both directions from existing or replaced main taps, when main is exposed and accessible; backfill, other appurtenances and site clean up, in accordance with the plans, technical specifications and contract documents. BID INFORMATION: Bids were received on December 10, 2008 with two (2) bidders submitting proposals. The bid proposal was set up with a Base Bid only. The bids are $244,440 for RCM Construction, Inc. and $347,569.36 for SLC Construction Company, Inc., with RCM Construction, Inc. of Corpus Christi, Texas submitting the low Bid. Staff recommends a contract be awarded to RCM Construction, Inc. in the amount of $244,440. CONTRACT TERMS: The contract provides for the work to be complete within 270 calendar days of notice to proceed. FUNDING: Funds for this project are available in the FY 2009 Wastewater Capital Improvement Budget. EXHIBIT "A" Page 1 of 1 \ USERSZHOMEWELMARGEBAWASTEWATER17434 WW CLEANOUL INSSALLtEIVDA BACKGROUND PRIOR PROJECT ACTIONS SUBJECT: Wastewater Service Line Repair and Clean -Out Installation Program FY 2008 -2009 (Project No. 7434) PRIOR COUNCIL ACTION: 1. December 16, 2008 — Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300 (Ordinance No. 028006). PRIOR ADMINISTRATIVE ACTION: 1. October 31, 2008 — Executed Small A/E Agreement with Engineering and Construction Management Services, Inc. from Corpus Christi, Texas in the amount of $32,920 for the Wastewater Service Line Repair and Clean -Out Installation Program FY 2008 -2009 Project. H1 USERS2WOME \VELMAP\GEMWASTEWATER,7434 WW CLEANOUT INSTAUI»FW& PROJECT ACTIONS ILEXHIBIT "B" Page 1 of 1 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Pete Anaya, P.E., Director of Engineering Services • ENGINEER S ESTIMATE: TIME OF COMPLETION: $304,884.00 270 Cal. Days WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION PROGRAM FY 2008-2009 PROJECT NO. 7434 RCM CONSTRUCTORS 7243 Up River Road Corpus Christi, TX 79409 SLC CONSTRUCTION 9200 Leonidas Horton Road Conroe, TX 77304 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 4" clean-outs, complete in place, per each. 145 EA 5500.00 572,500.00 5896.35 5129,970.75 2 8' dean-outs, complete in place, per each. 5 EA $300.00 51,500.00 $574.07 $2,870.35 3 Remove and replace all 4" pipe from the property line/utility easement to and including the bend, complete in place per linear foot. 2,000 LF 550.00 5100,000.00 533.52 567,040.00 4 Remove and replace all 6" pipe from the property line/utility easement to and including the bend, complete in place per linear foot. 100 LF $10.00 $1,000.00 536.90 53,690.00 5A Remove and replace all 4" pipe from the bend to the main, where main depth is 0 to 5 feet, complete in place per linear fool. 200 LF 560.00 . 512,000.00 $35.84 57,1688.00 5B Remove and replace all 4" pipe from the bend to the main, where main depth is 5 to 10 feet, complete in place per linear foot. 100 LF 560.00 $6,000.00 540.54 54,054.00 5C Remove and replace all 4" pipe from the bend to the main, where main depth is over 10 feet, complete in place per linear foot. 100 LF $50.00 55,000.00 $47.59 $4,759.00 6A Remove and replace all 6" pipe from the bend to the main, where main depth is 0 to 5 feet, complete in place per linear foot. 100 LF 510.00 51,000.00 540.28 $4,028.00 66 Remove and replace all 6" pipe from the bend to the main, where main depth is 5 to 10 feet, complete in place per linear foot. 50 LF $10.00 5500.00 544.98 $2,249.00 6C Remove and replace all 6" pipe from the bend to the main, where main depth is over 10 feet, complete in place per linear foot. 50 LF 510.00 5500.00 $52.03 52,801.50 7 Trench Safety Measures, complete in place per linear foot. 700 LF 51.00 5700.00 51.41 $967.00 SA Install new taps to main In accordance with City standard plans and specifications. replacing one (1) joint of main, where main depth is 0 to 5 feet, complete in place per each. 10 EA $550.00 $5,500.00 $1,092.75 $10,927.50 8B Install new taps to main in accordance with City standard plans and spaclfications. replacing one (1) joint of main, where main depth is 5 to 10 feet, complete in place per each. 5 EA $550.00 52,750.00 $1,421.75 $7,108.75 SC Install new taps to main In accordance with City standard plans and specifications. replacing one (1) joint of main, where main depth is over 10 feet, complete in place per each. 5 EA 5650.00 53,250.00 52,009.25 510,046.25 g Additional main line removal and replacement, complete in place per linear foot. 200 LF 550.00 510,000.00 542.30 58,460.00 10 Remove and reinstall existing fence, complete in place per linear foot 100 LF 52.00 5200.00 549.35 54,935.00 11 Sod, complete in place per square yard. 14 SY 55.00 570.00 55.64 578.98 -20- EXHIBIT "C" Page 1 of 2 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Pete Anaya, P.E., Director of Engineering Services DATE: Wednesday. December 10, 2008 ENGINEER S ESTIMATE: $304,884.00 WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION PROGRAM FY2008 -2009 PROJECT NO. 7434 RCM CONSTRUCTORS 7243 Up River Road Corpus Christi, TX 78409 ,• mare SLC CONSTRUCTION 9200 Leonidas Horton Road Conroe, TX 77304 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 12 Concrete fiatwork repair, (driveways, sidewalks) in accordance with City standard plans and specifications, complete in place per square foot. 350 SF $12.00 $4,200.00 $9.17 $3,209.50 13 Closed circuit television pipeline inspection of service linettaps (1 foot to 40 feet) from the cleanout down to the sewer main (see technical specification T -2), complete in place per each. 150 EA $4.00 $600.00 $282.00 $42,300.00 14A Closed circuit television pipeline inspection of replace mains. Contractor must televise, after rehabilitation, the replaced main portion or, a minimum of ten feet in both directions from new main tap, whlever is greater (see technical specification T -2), complete in place per linear foot. 1,000 LF $1.00 $1,000.00 $7.05 $7,050.00 14B Closed circuit television pipeline inspection of exposed and accessible, existing mains. Contractor must televise a minimum of ten feet in both direction from existing main tap, (see technical specification T -2), complete in place per linear foot. 1,000 LF $2.00 $2,000.00 E7.05 $7,050.00 15 Flexible base - caliche repair, complete in place per square yard. 40 SY $8.00 $320.00 $33.37 $1,334.80 16 Asphalt pavement repair, complete in place per square yard. 200 SY $48.00 $9,600.00 $31.02 $6,204.00 17 Installation of driveway clean out boot, complete in place per each. 4 EA $375.00 $1,500.00 $564.00 $2,258.00 18 joint in Install new taps to main in accordance with City Standard plans and specifications, replacing (1) of pipe penetrating the manhole, complete place per each. 3 EA $750.00 $2,250.00 $2,115.00 $6,345.00 19 Curb and Gutter Replacement, complete in place per linear foot. 25 LF $20.00 $500.00 $33.84 $846.00 TOTAL BASE BID (ITEMS 1. 16) $244,440.00 $347,5699.36 -21- EXHIBIT "C" Page 2 of 2 PROJECT BUDGET WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION PROGRAM FY 2008 -2009 Project No. 7434 January 20, 2009 FUNDS AVAILABLE: Wastewater $308,304.00 FUNDS REQUIRED: Construction (RCM Constructors) $244,440.00 Contingencies (10 %) 24,444.00 Consultant (ECMS) 32,920.00 Reimbursements 5,000.00 Misc. (Printing, Advertising, etc.) 1,500.00 Total $308,304.00 H: \USERS2WOMEWELMARCE AWASTEWATER \7434 WW CLEANOUT INSTALUPROJE7�IJQ,GET IEXHIBIT "D" I Page 1 of 1 4 AGENDA MEMORANDUM City Council Action Date: January 20, 2009 SUBJECT: ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points (BOND ISSUE 2004) AGENDA ITEM: A. Ordinance appropriating $1,600,000 of anticipated revenues from the Texas Department of Transportation in the No. 3544 Street 2007A CIP Fund for the ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points project; changing the FY 2008 -2009 Capital Improvement Budget adopted by Ordinance No. 028006 to increase appropriations by $1,600,000; and declaring an emergency. B. Motion authorizing the City Manager or his designee to execute a construction contract with SLC Construction, LP, of Conroe, Texas in the amount of $2,826,066.92 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points. (Bond 2004) ISSUE: This Bond 2004 project is leveraging city funds with the Texas Department of Transportation (TxDOT) to award a construction contract that addresses the need for ADA improvements along Staples Street from Leopard to Six Points. The project was identified and prioritized with the Mayor's Committee for Disabilities and coordinated with TxDOT to maximize resources. FUNDING: Funding for these projects will come from the Street, Storm Water, Water and Wastewater Capital Improvement Budgets FY 2009 and reimbursements from TxDOT. RECOMMENDATION: Staff recommends approval of the mot s presented. Pete Anaya, P.E. Director of gine-ring Services Gus c onzalez P. Direct t of Water Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Actions Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map V -I: rie Grfry, D : ctor of Sto ater & Streets Foster Crowell, Director of Wastewater —25— AGENDA BACKGROUND INFORMATION SUBJECT: ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points (BOND ISSUE 2004) CIP Project Street #3, Engineering Project No. #6300) PROJECT DESCRIPTION: This Bond Issue 2004 voter - approved project implements part of the Americans with Disabilities (ADA) transition plan approved by the Mayor's Committee for Persons with Disabilities and City Council. Improvements provide for construction of ADA curb ramps in areas where street construction projects are not planned and address areas of greatest need for pedestrian street accessibility. This project is part of the Metropolitan Planning Organization (MPO) Transportation Improvement Program and utilizes a federal funding match. CONTRACT DESCRIPTION: This project provides for the reconstruction of sidewalks, driveways, curb & gutter and Americans with Disabilities Act (ADA) compliant ramps along both sides of this 1.7 -mile segment of Staples Street from Leopard to Six Points. Other related work shall include replacing storm drainage curb and gutter sections, removing existing curb inlets and constructing new curb inlet structures, installing new underground drainage reinforced concrete pipes, realigning existing 6 ", 8 ", 12 ", and 16" water mains, relocating fire hydrants, adjusting manholes and valve boxes, providing trench drains underneath sidewalks, relocating traffic signal poles, installing new pavement markings, and maintaining traffic control devices and SWPPP control measures. All work must comply with TDLR requirements and the current requirements /standards of the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and the Texas Accessibility Standards (TAS). BID INFORMATION: The City received proposals from 10 bidders on December 10, 2008 (see Exhibit "B" Bid Tabulation). The bids ranged from $2,826,006.92 to $3,946,752.10. The estimated cost of construction is $3,580,862. The proposal of the apparent low bidder, SLC Construction, L.P of Conroe, Texas, contained minor mathematical errors in the amount of $129.18, but these errors did not affect the order of finish of the ten bidders. Therefore, based on the recommendation of the City's consultant, Martinez, Guy & Maybik Inc. and the concurrence of the Texas Department of Transportation, city staff recommend award of this contract to SLC Construction, LP, of Conroe, Texas in the amount of $2,826,066.92 for the ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points project. CONTRACT TERMS: The project is duration is 280 calendar days from the written Notice to Proceed, with completion anticipated in December 2009. —26— PROJECT FUNDING: Per the Advanced Funding Agreement, entered into between the State of Texas, acting by and through the Texas Department of Transportation and the City of Corpus Christi on January 18, 2005, the 80% share of Federal Participation will be capped at $1,600,000 and is a fixed amount. Any project overruns are the responsibility of the local government. In addition to the remaining 20% and cost overruns, the city is responsible for all utility work included in the cost of construction. As part of this project, the city is upgrading the existing signals as part of the Bond 2004 project for signal upgrades to insure they are ADA compliant and all equipment is up -to -date and in working order when relocated. The cost breakdown for this project is as follows: Total Project Cost: $2,826,066.92 Total Street Cost: 2,002,878.29 State 80% Share: Minus Overruns: Total State Share: City 20% Share: Project Overruns: Street Signal Cost: Total Utility Cost: Total City Share: 1,602,302.63 2,302.63 1,600,000.00 $ 400,575.66 2,302.63 225,240.15 597, 948.48 $1,226,066.92 Total State Share: $1,600,000.00 Total City Share: 1,226,066.92 Total Project Cost: $2,826,066.92 PROJECT BACKGROUND: This project is part of the City's effort to comply with the ADA requirements. The project was identified and prioritized with the Mayor's Committee for Disabilities and coordinated with TxDOT and Regional Transit Authority to maximize resources. The project was included under the Bond 2004 ADA Improvements City -Wide and in the FY 2009 CIP. The next phase of work will include ADA improvements along Staples from Six Points to Louisiana and Water Street from IH -37 to Cooper's Alley. This project is part of the $95 million Bond Issue 2004 package approved by voters on Tuesday, November 2, 2004. The projects are funded from ad valorem property taxes (a General Obligation Bond Issue) in Street Improvements, Public Health and Safety Projects, Public Facility Improvements, Parks and Recreation /Museum Improvements and the Bayfront Master Plan Project. The 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. The program of street improvements includes the construction of barrier free ramps, sidewalks, and other improvements required for compliance with the Americans with Disabilities Act (ADA). —27-- PRIOR PROJECT ACTIONS SUBJECT: ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points (BOND ISSUE 2004) (Project No. 6300) PRIOR COUNCIL ACTION: 1. June 19, 2001- Resolution authorizing the City Manager, or his designee, to execute a master agreement governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution No. 024478) 2. August 28, 2001 - Resolution authorizing the City Manager, or his designee, to execute Amendment No. 1 to the master agreement governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution No. 024555) 3. November 10, 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) 4. January 18, 2005 - Resolution authorizing the City Manager, or his designee, to execute an advance funding agreement with the Texas Department of Transportation (TXDOT) in the amount of $23,000 for construction of barrier -free ADA accessibility ramps at multiple locations on Staples Street from Leopard to Six Points. (Bond Issue 2004) (Resolution No. 026109) 5. March 8, 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Martinez, Guy and Maybik in the amount of $141,500 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points for design, bid and construction phase services. (Bond Issue 2004) (Motion No. 2005 -079) 6. December 16, 2008 — Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) PRIOR ADMINISTRATIVE ACTION: 1. October 12, 2007 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with Martinez, Guy and Maybik in the amount of $41,720 for ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points for additional storm water design work. (Bond Issue 2004) —28— TABULATION OF BIDS D L0 2 C= A a I- 2 C L % Z 0 m DBABAY LTD •I 7514 Grissom Road 3636 Pasadena Blvd. P.O. BOX 9908 < - 7 j )— ' ) ) 7 )-W 7LL, U CO W 4 0 0 O) a lnrna 0 0aI 0 0000000C 001.1100010 r co r COpCOO co rNM- V co a O co M r CO 0 O I000C mN N 0 CO N- C F 6 UU 9Gb ULG 70 ) 0 1 000004000 )mO0m I N .N0O 0 4 0 co 00000 0 00 r 0 co 0 N 0 co co 0 0 0IOY1OM m co 000 0 a r h CO 0 t. a CO N m O 0� 4 C n 7 650 00 a onn nnl )00000 ><m ) 10 •'mNN a C N CD V 0 in UU 7LL 7 ) 0 o • N CD ' co n co a N m a N a C n 6 L 2,100.001 000 6 rN .—d 'U9 9 00LZ 0£'b p 100 a1066r:666 n p S nMN0000 00000 N CO Cn 4100.00 1500.00 1200 00 ) 00 i O ) W I 340.00 740.00 218000.00 6500 00 a0 eD0'm m 1" a •- lr 1\ d UU UUEG 10000000)00, 1 m CO 6inin a M y m10aa a td(0 AIo Tr 100, N 0 MC 0 c 2100.00 Z U 7 F.- Z U U W m PARTNERS, LTD. 1 Pasadena. Texas 1 UNIT 1 AMOUNT U K a O O 00 r a 64,290.00 50,550.00 950.00 1.435.00 d Nn CI N ONGoo NOOn o C o m 4d 144,000.00 2,640.00 6,500.00 32 724.00 7,000.00 31,800.00 160,000.00. 72,000.00 12.768.00 N p *r CO m r r r e 4- Y 6 1.950.00 ; 0 p �O 0 500.118 001 1000 1000 o6 •0 00 N N 6,000.00 8.250.00 16,200.00 39.860.00 0000 0000 61000 NO V) n n "N rn n 15.00 0 0 0 o o S o t 0 O h N 47.00 140.00 1.00 500.00 500.00 150.00 00 00 co 6 M 3600.00 660.00 500.00 324.00 1000.00 600.00 00'L 00'0009 00.000091 6 O N r 10 6 r N 25.001 0 0 0 t0 650.001 O 6 CO 57.00 1000.00 650.00 750.00 750.00 0 0 0 0 I () 6 0 0 N 3.00 8500.00 2300.00 1 REESE CONTRACTING, INC.I )nio. Texas AMOUNT 1 76,904.00 57,861.00 37,912.50 1,824.00' 1,127.501 343,710.001 10,080.00 3,292.00 o 0 0 00 0 0 Co 0 0)0N N'n 6 235,476.00 262,800.00 129,600.00 3,960.00 16,250.00 54,540.00 9,380.00 37,100.00 125,502.00 27,900.00 15,868.80 1'1 6,790.00 95,830.00 147,430.50 178,208.10 1,890.00 24,660.00 6,600.001 134,300.00 315,864.00 16,536.00 20,202.00 3,528.00 4,829.00 17,690.401 39,301.96 6,285.88 15,133.32 16,284.00 2,189.00 Z 7 1 PRICE I 0 0 o6666D1[jn 0100 00 10 n 010 67.50 210.00 1.00 485.00 428.00 120.00 93.00 3600.00 3240.00 990.00 1250.00 540.00 1340.00 700.00 125502.00 3100.00 8.70 0 0 N n 0 0 6 4 4 6 6 6 n r r 10 r n (0 2200.001 100.00 36.00 689.00 546.00 441.00 439.00 5.46 9.86 1.67 3.31 8142.00 2189.00 TIME OF COMPLETION: 280 Days (Base Bid) SLC CONSTRUCTION, L.P. BOX 639 Texas AMOUNT N M h r0 45,260.16' 33,363.00 200.64 1082.40 201,643.20 6,969.60 4,345.44 0 N O 6 r . . : 6 CO r m W O N mn 209,447.04 317,988.00 108,240.00 3,960.00 12,870.00 43,329.00, 60,060.00 34,980.00 316,800.00 83,160.00 14,446.08 6,402.00 49,694.70 1 150,223.92 116,165.28 4,989.60 35,640.00 0 N W r - : 65,001.20 254,796.96 23,460.00 23,785.45 5,805.20 7,893.60 18,630.00 41,255.10 6,511.72 15,773.40 16,962.50 2,226.40 P.O. F 2 PRICE I m 10 6 1 D 0 t p m M Nm 6 of o vi 39.60 145.20 1.32 496.80 447.35 85.80 82.72 4356.00 2706.00 990.00 990.00 429.00 8580.00 660.00 316800.00 9240.00 7.92 0N100)a 0 10 1- 4 10 1p 0 m MN0)) 2640.001 48.40 29.04 977.50 642.85 725.65 717.60 5.75 10.35 1.73 3.45 8481.25 2226.40 1A F 7 }} N LL Y >} W JNN Y LL CO L) -1 LL LL LL J J -/ LL -1 LL1I a a Q Q< Q u 0 IL LLLL11 LLLL17 LLLL11111 LLl w J -10 Y LL LL Y }< -J -1 CO COWW Q }} Q Q Q< LL a CO COWWWW _1 _I u. LL Q< J J W w } d CO CO m CO 0 m 10 m r r O N r N a O N m N O a O 0 N m CO m N 10 00(01-- N M 10 N 40 4 13 101 7 53 1 9 1824 97 6845 10346 3143 189 18 M M a a n m r O m a n N CO r a CO 0 n N CO m M CO a N N r m n n 10 M a ABULATED BY: Eric Carrion ATE: Thursday, December 18, 2008 NE I CONSULTANT: Martinez. Guy & Maybik. Inc. — i ' 'US CHRUSTI - ADA SIDEWALK ACCESSIBILITY IMPR .ES STREET FROM LEOPARD STREET TO SIX POINT. ' NO. #6300 DESCRIPTION Removing conc (sdwlk), complete in place Removing conc (drvwy), complete in place Removing conc (curb& gutter), complete in place Removing conc ( wheekchair ramp), complete in place Sodding for erosion control, complete in place Cut, remove & restore flex pavement (12 in), complete it Flowable bkfill (fill in pipe to be abandoned) complete in Trench excavation protection, complete in place Drill shaft traf sig pole)(24in) complete in place Drill shaft traf sig pole)(36in) complete in place Rail (TY PRI), complete in place RC pipe (CL IIp(18in)(precast), complete in place Inlet (COMPL)(Curb)(8FT), complete in place Manhole (COMPL)(PRECAST CONC), complete in ptac{ Adl manhs, complete in place Adj inlets, complete in place Adj Manhs, (water meter & gas valve box)complete in pl Bus stop combination bench & sign post, complete in plz Remove str (inlet), complete in place Mobilization, complete in place Barricades, signs, and traffic handling, complete in place Sandbags for erosion control (12 "), complete in place Colored textured concrete, complete in place Conc curb (TY A)(Header curb), complete in place '!Conc curb & gutter (6in)(REINF), complete in place Driveways (CONC)(6in), complete in place Remove existing tiled sidewalk surf, complete in place Ramp at building entrance, complete in place Special ramp at building entrance , complete in place Conc sidewalk (wheelchair ramp), complete in place Conc sidewalk (5in), complete in place Ground box TY A (22311) w /apron, complete in place INS SM RD SN SUP & AM (Al signs), complete in place RELOC SM RD SN SUP & AM (cust.signs), complete in RELOC SM RD SN SUP & AM (bus stop signs), comple PREFAB PAV MRK TY C (W)(12in)(SLD) complete in pl PREFAB PAV MRK TY C (W)(24inc)(SLD) complete in E ELIM EXT PAV MRK &MRKS (12") complete in place ELIM EXT PAV MRK &MRKS (24 ") complete in place INS of roadside flashing beacon assemblies RELOC TRF SG PL am (S) dual MST arm poles, compk WZ0 _� Z p 00 ,-' -O °a °a as l.,a)C V (pp a v v v v Ti. 1°01001011( 11( to 117 N N N 1m 011000(0010D CO 0100 2 M a 2 m a a or— a Q Q a Q Flmm�mm Q Q Q Q Q a V 1 V 1 V 1 V 1 V 1 V N 1 V 1 V Q Q Q Q Q Q G Q N e CO CO CO 1e a CO m CO n A A a Q a a c a m co v • a c TABULATION OF BIDS ! DBA BAY LTD. ! UNIT 1 AMOUNT-1 O $ f0 0 - _ - 7,200.001 $ mtop 40 r O r O f00 O O SO co N $ - - 5,460.001 Ilooto9'9L O O 10 1 26,000.001 00 00- N ' 00 t7 M 00 00 0 O) 1 3,224,800.50 3,224,800.501 100 '0069 O N n S Or 120.00! O r- 240.00! 290.00 455.00 880.00 273.00 280.00 0 N 260.00 0 N 330.001 675.00 1 3800.00 $ $ CO' W !00'00 L't - 00$0 0666 F°' tO CO 7,000.001 0$ O a CO 00'0oi.'9 00'009'4 00"OOZ' L 10,500.00 70,080.00 2,500.00 18,000.00 1 3,163,811.00' 1 3,163,811.00 UNIT ! AMOUNT PARTNERS, LTD. 3636 Pasadena Blvd, Pasadena, Texas! 6700.00! 1100.00 7800.00 $0 N 300.001 Sc000 000On C0000000$S 146.00 1 250.00 1 3600.00 1001 0 0r 1,092.00 7,238.00 1,620.001 0000 trrOO n r 00 00tJ0 f0 t N 3,000.00 6,900.00 11,400.00 20,700.00 110,400.00 11,400.00 4,750.00 1 20,500.00 0 r n r m N O co n n n rn N AMOUNT 1092.001 7238.00 0 D N Y r W r Q t✓! 1 780.001 150.00 115.00 190.00 1 207.00 230.00 So 0 N 950.00' 1 4100.00 j - 89,918.501 1,079.85 7,194.40 1,042.80! 0 co in 0$$ A lei CO$ 28,800.001 4,800.00 1,531.20 5,068.80 6,494.40 1 11,880.00 l0D r N.. CD 8,184.00 a0 10 N ! 19,800.00 0 O CO N 1 2,826,066.92 \BULATED BY: Eric Canion TIME OF COMPLETION: 280 Days (Base Bid) ! 'BOX 639 Texas Z ONlil Q I_ I EA 1 6422.75 1000 CO J __. EA 1 330.00! 00000t�a h 07 J 0 ..-r a CD LF 76.56 LF 84.48 LF 108.24 1 LF J 118.80 A0 W J J EA 1 528.001 1 EA 1 3960.00 I'II I 4TE: Thursday. December 18, 2008 oF E O' •_ t 8 c a CD a c co N CO g c E Lm r IF CORPUS CHRUSTI - ADA SIDEWALK ACCESSIBILITY IMPROVEMENTS 3 STAPLES STREET FROM LEOPARD STREET TO SIX POINTS, CSJ#0916 -35- 2OJECT NO. #6300 j At r r N� Nm�Nt0D 1000 pY ! 5 1 5 I aLi NE ICONSULTANT: Martinez. Guy & Mavbik. Inc. 1 RELOC TRF SG PL am (S) sngl MST arm post, complej '. ca 0c E d Z c Z Z CO 7Z re c 0 'm E. c Svc o$ w O co Ct y Hedge protection, complete in place 8 q c m E �c to m P O 2 Sidewalk drain w /steel cover, complete in place 6"x 45 degree DI bend, complete in place I'. -OE �8) ., E y= 8' p E'� m a LC) V iv r ''"9999 -0 6" SDR 26 PVC, Complete in place 10" SDR 26 PVC, Complete in place Water main doe (6 In ductile iron pipe). complete in pla _ ° 3 ^m a C D CD ? c m 0 �c m E a, Water main doe (12in ductile iron pipe), complete in plai IWater main pipe (16in ductile iron pipe), complete in pia( Remove & salvage fire hydrant, complete in place 8 m c EE E E i= K t c c !TOTAL BASE BID (ITEMS Al – A59) - 1The areas in bold contained mathematical errors and ha DESCRIPTION (0coo 00 t00t0DOr_r n 00470.-..-01000o.- NI N NI N (NO(NO N N NJ tte RI 00 N NI N {3{p NJ 00 N �: N 00100 N ((pp C' J 0, t4 0p"'I V N0 " H o [] I� � ( c 0 U C p - i j 1 i 1 ? C 3 a !. 2 7 O O O m 0-. CO 0 'NY C C IL 2,029.501 429 e9n nn 0 C O C N• 2,721.601 72 701 on , C J V -n ¢ )r 285,736.20 '18 10A nni ) C ) C J ) O Ji 12,090.00 47 075 nn 17,510.001 37 89500 t 15 nn0 nn j y J 0 -K 8,584.50 56 471 25 271,065.20 208 223 7C 2,447.55 Al - nn 11,355.00 102,605.20 350 73A 00 21,420.00 1923075 3.318.00 �___ 4,562.25 16,848.00 27 An* A!1 N O O a 0 s 82,110.01 985 001 6,850.00 o U VI q� ,t OmC O N 006 N m r 9.90 As nn m p 8 m 453.60 dins AS )C 1V. IC � n 112.85 2QAA nn IC IC Ilf, I O Ir JI 930.00 479 0n 0 000 0U roo 0100 Inc., Y b N lmb N N° N 0 C NC a� N 3785.00 76.40 41 nn V N 0 a 414.75 41A 7C N B N Ol b • r CO C V r- r 5865.00 995 00 6850.00 N CONSTRUCTION P.O. BOX 8354 Corns Christi. Tx I 1 I 1- = 0 7 1 194,951.64 127 594 27 1 0 1 r I Cl i0) O IJAO 1,748.65 287,188.80 11,861.28 5 168 44 3,258.00 81,354.00 13 605 10 134,018.76 306 8� 00.00 120,000.00 3 069 60 28,746.77 26 109 51 22,928.36 42,845.20 334,702.81 84 194 37 9,995.52 14,079.55 138,953.50 175,882.00 144.578.00 i CO CO 1 i t; m.- .'03 NAm ' NO N A 0 V! 00 a0 21,408.001 21 714 nn 0 6 m V; 21 060 00 46,795.64 7,415.08 19 CHI 6A C c O 82,096.00 9aA nn C 0 fV m b 20.28 29.77 b m 8.53 56.40 247.11 1.57 543.00 447.00. 160.06 52.93' 4200.00 3000.00 767.40 2211.29 258.51 3275.48 808.40 334702.81 9354.93 5.48 145.15 20.30 17.00 46.00 10p 03 N 3567.19 135.00 45.00 892.001 587.00 662 00 655.00 6.50 Amma 0 A v �C O Vb n A 5864.00 986.00 6852.00 TIME OF COMPLETION: 280 Days (Base Bid) NUWAY INTERNATIONAL INC. UNIT 1 AMOUNT 211,486.00 110,707.38 40,440.00 475.00 1,025.00 284,591.88 4,800.00 6,584.00 2,592.00 70,798.00 11,624.60 151,920.00 133,225.00 76,640.00 3.200.00 8,190.00 36,865.00 17,500.00 18,550.00 100,000.00 49.995.00 10,032.00 8,293.50 102,675.00 206,920.00 174,436.50 O O CJ OOp N m Y b 1,875.00 120,870.00 407.991.00 20,400.00 20,683.00 5.048.00 6,884.00 16,038.00 35,674.70 5,646.00 13.716.00 78,190.00 939.00 6,526.00 22.00 25.83 4.00 25.00 5.00 55.89 100.00 2.00 432.00'. 389.001 136.76 60.00 1825.00 1916.00 800.00 630.00 365.00 2500.00 350.00 100000.00 5555.00 5.50 85.50 15.00 20.00 55.50 22.00 330.00 625.00 90.00 46.50 850.00 559.00 631.00 624.00 4.95 8.95 1.50 3.00 5585.00 939.00 6526.00 RAM -BRO V Z o U 1 AMOUNT 346,068.00 154,296.00 50,550.00 684.00 1,599.00 157,342.80 7,680.00 3,292.00 3,060.00 83,538.00 12,750.00 121,536.00 29,200.00, 120,000.00' 3,200.001 13,000.00 50,500.00 14,000.00 26,500.00 214,233.57 108,000.00 12,768.00 6,984.00 130,055.00 155,190.00 176,793.75 6,804.00 54,000.00 18,000.00 63,456.75 414,571.50 24,000.00 21,608.00 5,960.00 8,096.00 18 468.00 39 860.00 7 528.00 18,288.00 92,260.00 1,108.00 7,700.00 Z 7 PRICE 36.00 36.00 5.00 36.00 7.80 30.90 160.00 1.00 510.00 459.00 150.00 48.00 400.00' 3000.00 800.00 1000.00 500.00 2000.00 500.00 214233.57 12000.00 _ 7.00 72.00 19.00 15.00 56.25 36.00 3000.00 ' 6000.00 47.25 47.25 1000.00 584.00 745.00 736.00 5.70 10.00 2.00 4.00 6590.001 1108.00 7700.00 to Z 7 TYLL 0000ILL NNJtgNNUJJJJJI6JI7 -. LL LL LL QQQQQQaJ� LLLLll 1111]1 I1LL 111111 111I11111uI J CO J J 22 ..c< Q A>->- QQQQa W W 6 W JJ J J QQaQQ 11 66 W 6 O CO _ (O 0 m 0001 O pp 0 0 8 Al CO Al 203 0 n 8 8 NH 0 N CO 0 r N' m N 0 2 rp 10 07 m 0OIL 0� CO 8 r �0 NBJOA) m'< ' 0 f0 co OM0)O N' 7 TABULATED BY: Eric Carrion DATE: Thursdays, December 18, 2008 E CONSULTANT: NE : Martinez, Guy & Maybik, Inc. CITY OF CORPUS CHRUSTI - ADA SIDEWALK ACCESSIBILITY IMPROVEME STAPLES STREET FROM LEOPARD STREET TO SIX POINTS, CSJ#0916-35- NO. #6300 DESCRIPTION Removing conc (sdwlk), complete in place Removing conc (drvwy), complete in place Removing conc (curb& gutter), complete in place Removing cons ( wheekchair ramp), complete in place Sodding for erosion control, complete in place Cut, remove & restore flex pavement (12 in), complete in place Flowable bkfill (fill in pipe to be abandoned) complete in place Trench excavation protection, complete in place Drill shaft tref sig 1p1e)(241) complete in place Drill shaft traf sig pole)(36in) complete in place Rail (TY PRI), complete in place RC pipe (CL Ilp(18in)(precast), complete in place Inlet (COMPL)(Curb)(8FT), complete in place Manhole (COMPL)(PRECAST CONC), complete in place Adj manhs, complete in place Adj inlets, complete in place Adj Manhs, (water meter & gas valve box)complete in place Bus stop combination bench & sign post, complete in place Remove STR (inlet), complete in place Mobilization, complete in place Barricades, signs, and traffic handling, complete in place Sandbags for erosion control (12'), complete in place Colored textured concrete, complete in place Conc curb (TY A)(Header curb), complete in place Conc curb & gutter (6in)(REINF), complete in place Driveways (CONC)(6in), complete in place Remove existing tiled sidewalk surf, complete in place Ramp at building entrance, complete in place 'Special ramp at building entrance , complete in place 'Cone sidewalk (wheelchair ramp), complete in place Conc sidewalk (5in), complete in place Ground ox TY A (22311) w /apron, complete in place INS SM RD SN SUP & AM (Al signs), complete in place RELOC SM RD SN SUP & AM (cust.signs), complete in place RELOC SM RD SN SUP & AM (bus stop signs), complete in p PREFAB PAV MRK TY C (W)(12in)(SLD) complete in place PREFAB PAV MRK TY C (W)(24inc)(SLD) complete in place ELIM EXT PAV MRK &MRKS (12 ") complete in place EOM EXT PAV MRK&MRKS (24') complete in place RELOC TRF SG PL am (5) sngl MST arm post, complete in p Removal of control cabinet (GRND MNT) complete in place lYj Install of control cabinet(GRND MNT), complete in place �y I S O O O b 0 0 0 n,- 1008 (20 0 m e088888888 r- A 0 0 0 t888mm2bm2102m O O N N N M N O m M M 203 m N pp pf l 10 b wmmmmm 0 0 r n 0 0 mm 0, ID' C_ m {y t+� Q Q Q Q @ Q Q Q Q Q Q Q Q Q Q (y Q Q Q Q 11Jyy fN/y1 /f(yy lJJyy (r)y1 co lNJy1 lN/y1 Q Q Q Q Q 4 Q fN/y1 Q Q Q / Cpj Cm}� Q Q Q t� tT}� JCJI�] Q Q Q 3 Q p Q' 2 N m a NTRACTING I UNIT I AMOUNT I PRICE 0 CO 2,370.00 900.00 12,025.00 6,288.00 11,400.00 108,000.00 14,112.00 3,720.00 00 00 O O oo r N0 em-,- 1 24,200.00 144,000.00 17,000.00 4,000.00 00 0; h CON N Or r 01 N N N c- CO N y N N O p v)O O ti t00 570.00 1125.00 1764.001 186.00 221.00 233.50 242.00 300.00 425.00 800.00 4075.001 "I 952.74 1,839.42 37,000.00 3,048.48 6,239.40 57,819.84 10,012.96 723.00 O 0 of of o m to of 7,962.00 64,728.00 7,910.80 2,045.15 0) 0 `$ of CO 3,493,973.59 3,493,973.59 UNIT AMOUNT PRICE IHS _ CONSTRUCTION P.O. BOX 8354 Corpus Christi, TX_ 1 (01 01 46 ni o 200.00 254.04 311.97 602.29 1251.62 36.15 58.44 103.33 in r197.77 409.03 3,950.00 3,600.00 0a 00 0 co m Y 24,800.00 133,056.00 14,800.00 4,600.00 00 0 I.- 6 Q00 00 )OC N N r 12,000.00 10,610.00 00 v co 3,053,723.96 m n h cri O oi INTERNATIONAL INC. 'II UNIT I AMOUNT 1 PRICE II NUWAY 25.00 200.00 O o 0 1240.001 1386.00 1850.00 230.00 245.00 250.00 255.00 270.00 300.00 2122.00 I 4682.001 489.80 900.00 27,750.00 4,200.00 10,000.00 62,400.00 100'099 00'009'6 3,120.00 1,800.00 4,600.00 27,840.00 00'000'1 00•0PP'E 1 30,000.00 N ai T O N P- ei 0 O ri CONTRACTING INC. ' UNIT 1 AMOUNT PRICE 'TIME OF COMPLETION: 280 Days (Base Bid) I Or O 0 N 150.00 350.00 500.00 650.00 1200.00 28.00 52.00 30.00 46.00 58.00 86.00 200.00 O o Q J IL QaaQ J WWNW W J J J JJ Qm0Q J WW " I =I hr CO r.NOmN100 0000 V v)N ICI " Hedge protection, complete in place Tree protection, complete in place Sidewalk drain wlsteel cover, complete in place ,6 "x 45 degree DI bend, complete in place 18 "x45 degree DI bend, complete in place 112 "x 45 degree DI bend, complete in place 16 "x 45 degree DI bend, complete in place 6" SDR 26 PVC, Complete in place 10" SDR 26 PVC, Complete in place Water main pipe (6 in ductile iron pipe), complete in place Water main pipe (bin ductile iron pipe), complete in place Water main pipe (12in ductile iron pipe), complete in place Water main pipe (16in ductile iron pipe), complete in place Remove & salvage fire hydrant, complete in place [nstall new fire hydrant, complete in place F 0 f (TOTAL BASE BID (ITEMS Al -A59) TABULATED BY: Eric Carrion DATE: Thursday, December 18, 2008 AIE I CONSULTANT: Martinez, Guy 8 Maybik, Inc. CITY OF CORPUS CHRUSTI - ADA SIDEWALK ACCESSIBILITY IMPROVEME STAPLES STREET FROM LEOPARD STREET TO SIX POINTS, CS,M0916-35- NO. 86300 DESCRIPTION NNn O O 0000 r N dNNNNNNNNNN N N C1 N N p � 0000 CO N p N N CO f010 N V fNO O Cl fO �F0 e Z fqp 4 pp 0 0 0 Q Q Q Q 4 Q Q Q —39— cn a 2 - 2 0 W a J 0 ~ Q 0 m W m O N �' ) p ) N ) M of )O too N 10 cri rM tppppp fO f0 co aN 0 r co W� 0 t0 O l0 tNtpp 00 n N CO O ,-N O 7 O 0 a) A co N m 0 �-tD 0 N 0 00 iO V lA 10 0 M lh 0 O O tO l9 4 CO r V co 0 M Op r-rA CO O co M r co LO 0 CO M a' o 0D A CO CO r co 0 M n Mr O S t7 r O 7 0 r -OeJ N 7 CO O) e7y N W CO top N V N M CI 0) N N 00 n co CO 0 N us C3 r N r 01 us f0 Na N rJN n co N V co R F Z� �a W r rr 10 rn7 r 0 V N 0 -r�tnpp tOG 0 W 0 tAtpp0 OeN V LO -�t10D 10 V 10 10 O) V 0 1O ON)Nh� 10 co 0 m m� Y) 0 10(O W V 14) co CN')N•0 10 O pop in h O Y) co co 10 O W�)t.tOO- N 10 to S r 10 CO 10N10r0oDr0 10 1-- 0 A 10 0010 10 10 A 0 M CO tp 10 CO m 10 V 10 r N r Mr 0 0 NnANOrlh CO N CO 0 10 7A V 10 0 n 0 CO 0 CD m 0 m 0 Oy t0 O N 2 O a O 0 Q W f F = 2 0 . 10 rN r M N 0 n N 10 r r 10000 00:100 • O N; MN a(r ID OI- : CO M N 00000 101000000a00a co A V A n V r MOsm 0)00 OaNSrOOM 0) t0ptN f100 NcON^ 000 to W A 0 00�p}10 O1 tO O) 0 (DSn OYI 0 CO 0 N W 01000010 0010000 ON i0 Oplh N N ( W 0N.r- AN 1 10 ' M • 10 01 10 m of r ' 1 10 t0 V ..p- r 0 10 O n f o r OJ r N V r • t 0 r O SS O N O V r FI m r 0 10 A (0O0 O D r 0 10 0 t.I N r N t D N • O N 0 0 o --r- O J r r O n 0 10 S 10 N N 0 0 10tor T r 10 co f }}LLY I- W JIO }r }LLLLLL NNU --I --I J J J.4 -I-I W 4QQ-12 III LLI666LLI JyJ u. >- QQ QQaQ W to COW W Ill W J J JJ -- M CO CO N W V 0 r O 0) 10 0 tO N r N V CO S N CO to n V M O r 7 A CO r 0) Y l t A N CO V CO tO0M (0 p M 0) V CO CO CO CO V V n CO r r ^ N CO r W O N M CO O 10r 01 M CO N N V — 0 2 m o. c 0 d a E s Y O pc 8 C O E a c 0) 0) E 3 a E m Y O c 3 c .' O, E • . I �e I Q Q C Q Q. a� y OOOO{NOS OOr co V V V V V a N(p s,ta r r r V O V V V V V 0101010, SOO V V 10 14) N N 10 10 10 N M CO 10 M 10 M M M M ry V p Vp 10 10 10 10 CO CD N a (co S tmpr 10 CO • o QZ AlO OrtyM V If) CO n 000,or aZ a a aZaa¢aaaa¢aaZ�ZZd2¢¢Q<2«: -R3- CO V 1000A 1000r NM V 10 n t0 GARRETT CONSTRUCTION 11 COMPANY P.O. BOX 45 P.O. BOX 1028 [ UNIT AMOUNT 11 PRICE J 0 2 W r- co 0 -NON) • C IG co 0 f0 00 r co tD fO�) m 7,359.60 ti 16,841.00 153,393.60 lG O CO W Np O V N N co O 224,232.00 N N O N aC 0 pap 0) C aG O CO CO 8833.801 r 0 CO 0 1124.75 7816.85 00 N0 . 842.05 1597.85 1 3253.251 107.95 110.70 372.50 0 0) °V 5390.101 8624.20 TIME OF COMPLETION: 280 Days (Base Bid) [ L. L. & F. CONSTRUCTION MANAGEMENT, INC. Z Q E Q FV 7 — O. 000 OO)D CO o0 . N N0 000 N 0i CO 0n N O 0 N 13,690.00] 4,878.601 O 0 00 or- O - r 0 13,520.001 0 00 ON 6,000.00 0 O Co 0 I 81,120.00 4,220.00 4,752.00 15,840.00 1 3,898,942.35 0 CO 1 CV CO 0) 7788.001 O N 5897.75 N 0' CDD O CO I 158.501 I 406.551 591.35 845.00 ONOOO 0)morn00 0 V ID O) I' 'CITY OF CORPUS CHRUSTI -ADA SIDEWALK ACCESSIBILITY IMPROVEMENTS ALONG STAPLES STREET FROM LEOPARD STREET TO SIX POINTS, CSJ90916 -35 -129, PROJECT NO. #6300 I' Q a QQ 6 Jaa Q Q aa J JJ J QQ I' DESCRIPTION QTY. 0411 NN0NfO0tO0O 1101 ITABULATED BY: Erie Carrion IDATE: Thursday, December 18, 2008 AIE 1 'CONSULTANT: Martinez, Guy & Maybik, Inc. I INS of roadside flashing beacon assemblies RELOC TRF SG PL am (S) dual MST arm poles, complete in place TRF SG PL am (S) sngl MST arm post, complete in place Removal of control cabinet (GRND MNT) complete in place Install of control cabinet(GRND MNT), complete in place Hedge protection, complete in place Tree protection, complete in place 8 C 0) 3 8 'm TA 3 c a y m; o 16 "x45 degree DI bend, complete in place 8 "x45 degree DI bend, complete in place 112 "x 45 degree DI bend complete in place 116 "x 45 degree DI bend, complete in place " N d E o U 0 ro N to 10" SDR 26 PVC, Complete in place _ (Water main pipe (6 in ductile iron pipe), complete in place Water main pipe (8in ductile iron pipe), complete in place 'Water main pipe (12in ductile iron pipe), complete in place (Water main pipe (16in ductile iron pipe), complete in place Remove & salvane fire hydrant. complete in Place 23 co C E o m a` C [TOTAL 'TOTAL BASE BID (ITEMS Al —A59) ' W— I- D 2 c OOOOO,.. 000 p 0 on A C G ,_ N VNNNNNNNNNNNND N ap�pp N fOfpp O CM �Op N N N N N N N V/ O W Nf.yy OO) h00 W _ Nco O(0 h0 D) PROJECT BUDGET EVERHART ROAD PHASE 1 FROM SARATOGA BOULEVARD TO CEDAR PASS DRIVE Project No. 6263 January 21, 2008 FUNDS AVAILABLE: Street $ 1,256,944.44 TxDOT Reimbursement 1,600,000.00 Storm Water 317,687.04 Water 273,661.44 Wastewater 6,600.00 TOTAL $ 3,454,892.92 FUNDS REQUIRED: Construction (SLC Construction, L. P.) Street $2,228,118.44 Storm Water 317,687.04 Wastewater 6,600.00 Water 273,661.44 Total Construction $2,826,066.92 Contingencies (10 %) 282,606.00 Consultant (MGM) 183,220.00 Testing 25,000.00 Reimbursements 113,000.00 Misc. (Printing, Advertising, etc.) 25,000.00 Total $3,454,892.92 EXHIBIT C Page 1 of 1 -35- ORDINANCE APPROPRIATING $1,600,000 OF ANTICIPATED REVENUES FROM THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE NO. 3544 STREET 2007A CIP FUND FOR THE ADA SIDEWALK ACCESSIBILITY IMPROVEMENTS ALONG STAPLES STREET FROM LEOPARD STREET TO SIX POINTS PROJECT; CHANGING THE FY 2008 -2009 CAPITAL IMPROVEMENT BUDGET ADOPTED BY ORDINANCE NO. 028006 TO INCREASE APPROPRIATIONS BY $1,600,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $1,600,000 of anticipated revenues from the Texas Department of Transportation in the No. 3544 Street 2007A CIP Fund is appropriated for the ADA Sidewalk Accessibility Improvements along Staples Street from Leopard Street to Six Points Project. SECTION 2. The FY 2008 -2009 Capital Improvement Budget adopted by Ordinance No. 028006 is changed to increase appropriations by $1,600,000. SECTION 3. Upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 20th of January, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: 08- Jan -09 By: I\ �(/d� Veronica Ocanas Ass'stant City Attorney for City Attorney Henry Garrett Mayor nt 2009 ORD Aoo 51.600.000 for ADA Improvements along ;Us 2008-2009 Corpus Christi, Texas day of , 2009 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 012009 ORD App 51,600,000 tar ADA Improvements along 4Z-2008 -2009 5 AGENDA MEMORANDUM DATE: January 20, 2009 SUBJECT: South Guth Park Ball Fields - Relocation to Paul Jones tract - Project 3337 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to an Architectural Services Contract with ArchitecTKO (Terry K. Orf) of Corpus Christi, Texas in the amount of $173,400 for a restated fee of $181,620 for the South Guth Ball Fields relocation to a tract located on Paul Jones Avenue for design, bid, construction phase services. ISSUE: Architectural services are required to prepare plans, specifications, bid and contract documents for the construction of the new ball fields on the subject tract. FUNDING: Funds are available from the Parks and Recreation Tax Note CIP Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E. Director - Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit 13" Contract Summary Exhibit "C" Location Map Salfy�G Director H:'HOMEEEV INS \GEN\ PARKS \3337SouthGuthRelocation\AEAmd 1 Memo.doc —41— Jig lik f Parks and Recreation BACKGROUND INFORMATION SUBJECT: South Guth Park Ball Field Relocation Project ( #3337) OVERVIEW: The contract results in delivery of architectural services required to prepare design, bid, and construction documents for a new park to support the relocation of the South Guth Sports Fields. The new park, yet to be named, will include park & recreation facilities, fields and infrastructure to accommodate the requirements for the Oso Baseball, Oso Kickball and National Little Leagues and a neighborhood park. A total of 12 ball fields will be provided through this project. This new park features will include fencing, lighting, parking, storage facilities, concession stands, ball fields, landscaping, irrigation and miscellaneous elements to complete the park. The project will include the necessary clearing and earthwork to provide a suitable site for the improvements. Provision for the future Bay Trail Phase 3 within the park along Paul Jones Avenue will be included in the design documents. The preliminary estimate of the costs of the improvements is approximately $5,520,000.00. The architectural contract also provides for additional architectural services in the form of State accessibility and windstorm certifications, right of way acquisition assistance, topographic surveys, construction observation (inspection), and a one year warranty inspection. The additional services are in the form of allowance and will be paid only to the extent the services are required and performed by the architect. The proposed schedule for the project should result in the award of a construction contract mid - summer of 2009 and completion of work approximately March of 2010. A copy of the architectural contract amendment is attached. See Exhibit B. BACKGROUND: Council approved of the conveyance of South Guth Parkland to Texas A &M University - Corpus Christi on October 16, 2007. Several sites were identified by staff for potential relocation of facilities located at South Guth. Staff met with the league representatives using the South Guth Baseball and Kick Ball fields. Several conceptual design layouts were presented showing the individual fields, parking and other facilities. Agreement was reached that the Paul Jones site could be developed for the intended purpose and a conceptual layout was agreed upon for later development. Subsequently Council approved acquisition of three parcels of land to replace and construct ball fields currently in use at South Guth Park on Paul Jones Avenue. The three tracts or parcels were: Parcel 1: The largest of the three tracts contains 29.018 acres is zoned F -R, Farm Rural. This L- shaped tract of land is currently for sale by the landowners at $295,000. The tract is comprised of approximately 10 acres of buildable uplands and 19 acres of lowlands which will require some fill dirt. The record owners are comprised of ten owners, each with undivided interest. William H. Shireman is one of the owners and administrator of the group. Parcel 2: The next largest tract contains 7.197 acres and is zoned R -2, Multiple Dwelling —42— EXHIBIT A Panes 1 of District. This zoning permits multi- family or townhouse dwellings. The property is owned by the Vickers Family Trust. Parcel 3: The smallest tract contains .47 acres and is currently used as a residence and homestead by Mr. Noy Shockley and wife. The tracts owned by Mr. Shireman and Mr. and Mrs. Shockley have been acquired. The tract owned by the Vickers Family Trust is in process of acquisition and a condemnation petition has been filed with the court. The City's outside counsel (Mr. Joseph A. Cohn, Jr.) states that based on previous condemnation actions that the court is anticipated to set a hearing date no later than the week of February 9 — 13, 2009. PRIOR COUNCIL ACTION: 1. September 25, 2007 - Public hearing regarding South Guth Park land transfer to Texas A &M University- Corpus Christi for university expansion. 2. September 25, 2007 - Resolution determining that there is no feasible and prudent alternative to the using of South Guth Park by the Texas A &M University System for the expansion of Texas A &M University- Corpus Christi campus and further determining that all reasonable planning has occurred to minimize harm to South Guth Park resulting from such use or taking. (Resolution No. 027432) 3. October 16, 2007 - Ordinance authorizing the City Manager to execute a Declaration of Gift and Agreement between the City of Corpus Christi, Texas and the Board of Regents of the Texas A &M- University System for the Benefit of Texas A &M University- Corpus Christi relating to the conveyance of 140.39 acres of land in the vicinity of Ennis Joslin Road and Nile Drive, including South Guth park; and authorizing the City Manager to take all further actions to effect the gift and conveyance. (Ordinance No. 027451) 4. November 11, 2007 - Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract with Noy R. Shockley and wife, Betty Shockley in the amount of $130,000 plus $1,900 in closing costs and an additional amount of $22,500 for relocation assistance to cover moving costs and incidental expenses in connection with a replacement dwelling, all for the purchase of fee simple property rights to Parcel 3, described as "Peary Place Annex B" (0.471 acres), with the street address of 1901 Paul Jones Ave., necessary for South Guth Ball Field Relocation, Project # 3337. 5. December 18, 2007 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with William H. Shireman, Jr., et al in the amount of $295,000 plus $3,500 in closing costs for Parcel 1 described as 29.018 acres out of Lot 11 and the Southeast one -half of Lot 12, Section 31, Flour Bluff & Encinal Farm & Garden Tracts located on Paul Jones Avenue necessary for the South Guth Park Ball Field Relocation Project ( #3337). 6. May 20, 2008 — Ordinance authorizing the issuance tax notes in the principal amount of $22,260,000.00; approving sale of tax 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 (Ordinance No. 027708). (Schedule 1 of the Note Purchase Agreement lists a total of $7,500,000.00 as being for the South Guth Ball Fields Relocation Project.) —43— EXHIBIT A Paae 2 of 3 PRIOR ADMINISTRATIVE ACTION: 1. July 17, 2007 - City Council Presentation by City Manager George K. Noe and Dr. Flavius C. Killebrew, President of Texas A &M University- Corpus Christi on the Texas A &M- Corpus Christi Expansion project. 2. July 12, 2007 — Administrative award of a wetlands determination, Phase 1 environmental site assessment and threatened /endangered species survey in the amount of $23,960.00 by LNV Engineering of Corpus Christi, Texas. 3. December 4, 2007 — Administrative award of an architectural contract to Terry K. Orf, ArchitecTKO, of Corpus Christi, Texas in the amount of $8,220.00 for study of project scope, economic and technical evaluation of the South Guth Park Ball Field Relocation project. 4. December 7, 2007 — Administrative award of a land surveying contract to Frontier Surveying of Corpus Christi, Texas in the amount of $19,900.00 for land acquisition boundary survey. FUTURE COUNCIL ACTION: 1. Authorize the acquisition of parcels whose cost exceeds $50,000 and, 2. Authorize the payment of any Special Commissioners Award in connection with the condemnation of any parcels whose cost exceeds $50,000. —44— EXHIBIT A Pape 3 of 3 Contract Summary Amendment No. 1 SCOPE OF PROJECT South Guth Park Ballfield Relocation (Project No. 3337) - Provide professional services to complete the design and construction drawings to create a new park to support the relocation of the South Guth Sports Fields. The new park will include park & recreation facilities, fields and infrastructure to accommodate the requirements for the Oso Baseball, Oso Kickball and National Little Leagues and a neighborhood park. This new park features will include fencing, lighting, parking, storage facilities, concession stands, ball fields, landscaping, irrigation and miscellaneous elements to complete the park. 1. SCOPE OF SERVICES A. Basic Services 1. Preliminary Phase. The Architect/Engineer -A/E will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed in a design memorandum which includes Preliminary designs, drawings, and written description of the project. This report shall include: a. Provide scope of soil investigations, borings, and laboratory testing. (The City Engineering Services Department will provide necessary soil investigation and testing under one or more separate contracts). b. Confer with the City staff regarding the design parameters of the Project. The Architect/Engineer will participate in a minimum of (one) formal meetings with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The A/E will participate in discussions with the operating department and other agencies (such as the Texas Department of Transportation (TxDOT) and Texas Commission of Environmental Quality (TCEQ)) Texas Department of Licensing and Regulation as required to satisfactorily complete the Project. c. Submit one (1) copy in an approved electronic format, and ten (10) paper copies of the Design Memorandum (or Engineering Report), with executive summary, opinion of probable construction costs with life cycle analysis, defined technical evaluations of identified feasible alternatives, and review with City staff to produce an acceptable format which contains common municipal elements. Design Memorandum will include the following (with CONSTRUCTABILITY being a major element in all the following items): 1) -54 Review of the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project; The NE will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) -53 Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs Contract for Engineering (A/E) Services Page 1 of 8 H' \USERS2IHOME VELMAPIGEMLIBRARY\4336 PARKDALE LIBRARY RENOVATIOn \CONTRACT PROFESSIONAL SERVICES of the Project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s). 3) -52 Identify results of site field investigation including site findings, existing conditions, and probable Project design solutions; (which are common to municipalities). 4) -51 Provide a presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABILITY). 5) -50 Advise of environmental site evaluations and archeology reports that are needed for the Project (Environmental issues and archeological services to be an Additional Service). (BY OTHERS) 6) -49 Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project and permitting, environmental, historical, construction, and geotechnical issues; and meet with pertinent authorities. 7)48 Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well - defined proposed scope of design, probable cost estimates(s) and design alternatives. 8) -47 Provide a letter stating that the NE and Sub - consultant Engineers have checked and reviewed the design memorandum prior to submission. 9) -46 Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, which this project will affect. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the NE will: a. Study, verify, and implement design memorandum recommendations 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 one sets of Construction Bid and Contract Documents in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, invitation to bid, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid or for multiple bids, the size and character of the entire Contract for Engineering (NE) Services Page 2 of 8 NIUSERS2 \ROME\VELMAP\GENILIBRARY14336 PARKDALE LIBRARY RENOVATIOfJ 6006\ CONTRACT PROFESSIONAL SERVICES Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. c. 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). d. Prepare final quantities and estimates of probable costs and probable construction schedule. e. Furnish one (1) copy 60% plans (plans only - identify needed specifications) to the City staff for review and approval purposes with estimates of probable construction costs. Required with the 60% 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 • Pluses 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 specifications • Non - standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f. Assimilate all review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed. g. Furnish complete construction and bid documents including specifications for City staff review and approval. Provide 1 copy of 90% (optional upon City request) and 100% complete plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities, compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. h. Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the 60 %, 90% (optional), and 100% 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 ConsultantA/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. Contract for Engineering (NE) Services Page 3 of 8 H :USERS2\HOME VELMAP\GEN\LIBRARYW336 PARKDALE LIBRARY RENOVATIOW \CONTRACT PROFESSIONAL SERVICES i. If required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. j. 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. k. 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. I. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. m. Provide a Storm Water Pollution Prevention Plan. 3. Bid Phase. The NE will: a. Participate in the pre -bid conference. 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. 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. 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 minor 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 (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for Contract for Engineering (A/E) Services Page 4 of 8 HA USERS2 \HOME\VELMAP \GEN■LIBRARY14336 PARKDALE LIBRARY RENOVATION 4 208- 06 \CONTRACT PROFESSIONAL SERVICES 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 and provide the City with a Certificate of Completion for the project. 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. 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. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The NE will, with written authorization by the Director of Engineering Services, do the following: 1. Permitting. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The NE will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDOT Permits /Amendments c. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permit/Amendments f. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments g. Nueces County h. Texas Historical Commission (THC) Contract for Engineering (NE) Services Page 5 of 8 HAUSERS2IHOMEIVELMAPIGENILIBRARY 14336 PARKOALE LIBRARY RENOVATIOIf,2 O6\CONTRACT PROFESSIONAL SERVICES i. U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USAGE) k. United States Environmental Protection Agency (USEPA) 1. Texas Department of License and Regulation (TDLR ) 2. Right -of -Way (ROW) Acquisition Survey. The A/E will review existing ROW and easements to ascertain any conflicts and provide field ROW surveys and submit ROW plats and 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. 3. Topographic Survey. Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition 1 specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. 4. Environmental lssues a. Provide environmental site evaluations and Archeology Reports that are needed for the Project. b. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and /or contaminated soils that may be discovered during construction. 5. Construction Observation Services. Provide Project Observation services including day -to -day detailed coordination with the City's staff and testing laboratory. 6. Start-up Services. Provide on -site services and verification for all start -up procedures during actual start up of major Project components, systems, and related appurtenances if needed and required. 7. 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. Provide SCADA Documentation. Provide standardized SCADA documentation, which will include PFDs, P &IDs, loop sheets, logics, SCADA architecture, DCS Contract for Engineering (NE) Services Page 6 of 8 H:\ USER S2\HOME\VELMAP \GEN \LIBRARYW336 PARKOALE LIBRARY RENOVATIOOO6 \CONTRACT PROFESSIONAL SERVICES I/O lists, instrument lists, tie -in lists, piping lists, equipment lists, and • instrumentation specification sheets. 2. SCHEDULE DAY DATE ACTIVITY - Complete Begin Preliminary Phase Monday February 2, 2009 Begin Design Phase Wednesday March 13, 2009 Interim Review Meeting Friday May 8, 2009 Pre -Final Submittal Friday May 22, 2009 City Review Friday June 5, 2009 Final Submittal Monday (2) June 2009 Advertise for Bids Tue/Wed/Thu June 2009 Pre -Bid Conference Wednesday June 2009 Receive Bids Monday August 2009 Begin Construction Weekday March 2010 Construction Completion A. Fee for Basic Services. The City will pay the NE a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these services. The fee is subject to the availability of funds. The A/E may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1 -4, A/E will submit monthly statements for basic services rendered. In Section I.A.1 -3, the statement will be based upon NE's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to NE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the NE a not -to- exceed fee as per the table below: C. Summary of Fees Original Contract FEE Fee for Basic Services 1. Feasibility Study & Schematic Master Plan $8,220 Amendment No. 1 2. Preliminary Phase $10,120 3. Design Phase $79,140 4. Bid Phase $4,840 5. Construction Phase $22,900 Contract for Engineering (A/E) Services Page 7 of 8 H:\ USERS2 \HOME\VELMAP\GEN\LIBRARYW336 PARKDALE LIBRARY RENOVATIOtIOe\CONTRACT PROFESSIONAL SERVICES Subtotal Basic Services $117,000 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) Railroads TXDOT Wetlands Delineation and Permit Temporary Discharge Permit NPDES Permit/Amendments TNRCC Nueces County Texas Historical Commission U.S. Fish and Wildlife Service U.S. Army Corps of Engineers U.S. Environmental Protection Agency Texas Department of License &Regulation Texas Windstorm Total Permitting $900 $8,000 2. ROW Acquisition Survey (AUTHORIZED) 1000 3. Topographic Survey (AUTHORIZED) 5000 4. Environmental Issues TBD 5. Construction Observation Services 40,000 6. Start-up Services 0 7. Warranty Phase 1500 8. Provide SCADA Documentation 0 Sub -Total Additional Services Fees Authorized $56,400 Total Amendment No. 1 Fee $173,400 Total Authorized.Fee $181,620 Contract for Engineering (NE) Services Page 8 of 8 H: \USERS2 \HOME \VELMAP\GENLLIBRARYM336 PARKDALE LIBRARY RENOVATII 120061CONTRACT PROFESSIONAL SERVICES File : \ Mproject \councilexhibits \exh3337C.dwg SOUTH GUTH BALL FIELD - RELOCATION TO PAUL JONES TRACT -53- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 1 -06 -2008 - = 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 20. 2009 AGENDA ITEM: Ordinance authorizing the conveyance of property located within the city at 601 14"' Street for an affordable housing project to Habitat for Humanity -- Corpus Christi, Inc., as a qualified non - profit corporation, subject to specified conditions; authorizing the city manager or his designee to execute all necessary documents related to the transaction; and providing for severance. ISSUE: In accordance with Chapter 253 of the Texas Local Govemment Code, the City of Corpus Christi may by ordinance provide for the manner in which any land acquired by the City may be sold to a qualified corporation if reasonable conditions are imposed and met. The City has determined that Habitat for Humanity--Corpus Christi, Inc. qualifies as a nonprofit organization that develops housing for low- income individuals and families as a primary activity to promote community -based revitalization of the municipality. The City of Corpus desires to sell a particular parcel of land (Lot 2A, Block 6, Steele and Laughlin Addition, Corpus Christi, Nueces County, Texas, and known by its physical address as 601 14th Street) to Habitat for Humanity for the development of an affordable single - family housing project in the City's established Model Block Program area. With the approval of this ordinance, the City will convey the land to Habitat for Humanity at a nominal cost of $10.00. Habitat for Humanity has agreed to accept the land, subject to the imposed reasonable terms and conditions set out in the conveyance documents. Habitat for Humanity has agreed to build an affordable single - family house on this parcel of land which will bring the number of homes the organization has built in the Model Block Program area to a total of six over the last year. REQUIRED COUNCIL ACTION: Approval of the ordinance to sell municipally -owned land as provided by Texas Local Govemment Code Section 253.010, Sale of Real Property to Certain Nonprofit Organizations. CONCLUSION AND RECOMMENDATION: Staff recommends the approval of the ordinance in support of the city's intention to support the creation, construction, and occupation of affordable housing available to low- income individuals and families with the city of Corpus Christi. Attachments - Federal Statute — Affordable Housing - Model Block Area Map - Proposed Ordinance —57— Yvon Dire e Morales Haag r, Neighborhood Se '' Department BACKGROUND INFORMATION The property known as 601 14th Street, Lot 2A, Block 6, Steele and Laughlin, is located in the Model Block Program neighborhood. This property was purchased by the City of Corpus Christi on November 11, 2005 for the sum or $2,790.00 from the Nueces County Trustee in order to install a waste water line for new construction in the adjacent lot. The City's Model Block Program expressed interest to use this lot for the continued development of in -fill housing in this area. Since the property was purchased under the name of the "City of Corpus Christi ", the conveyance of this property requires the authorization for sale by ordinance. In the last four years, land owned under the name of the Corpus Christi Community Improvement Corporation has been conveyed to Habitat for Humanity for the construction of affordable housing projects in the 19th Street area. Most recently, at the Corpus Christi Community Improvement Corporation (CCCIC) meeting held on August 28, 2007, a motion authorizing the CCCIC General Manager or his designee to execute all necessary documents to purchase and convey properties for the Corpus Christi Model Block Program and other city neighborhood revitalization projects was passed. Since then, a total of twenty -one lots have been purchased through the CCCIC, and Habitat for Humanity kicked off the infill housing project in the Model Block Program neighborhood in October 2007. A total of six lots were conveyed to Habitat for Humanity (including a 25' lot which was combined with a 50' lot) from the CCCIC with the following results: • Construction • Construction • Construction 2008 • Construction 2008 • Construction construction for 1309 Morris commenced in October 2007 and was completed in May 2008 for 1318 Morris commenced in October 2007 and was completed in May 2008 for 1322 Morris commenced in October 2007 and was completed in August for 1314 Morris commenced in April 2008 and was completed in November for 1212 Morris commenced in November 2008 and is currently under The Model Block Program area includes the neighborhood bounded by Agnes Street, S. Staples, Morgan Avenue and the Crosstown Expressway. The Model Block Program is designed to identify and address several major issues within the targeted area including: neighborhood and economic stability; prevention of further housing and neighborhood deterioration; resource availability; land assembly for renovation and redevelopment (infill housing); affordable housing development; and special needs housing issues. —58- _..1111M11111n non City of Corpus Christi, Texas Model Block Program Area Agnes St. :55011.55B5 .5555555 V LESS 415 417 615 112 MARY STRE 316 316 1320 316 715 22 215 1612 1606 320 720 1526 210 213 712 213 1616 1602 610 651 606 R =I: -100k R 8303 1206 1206 610 616 212 619 619 724 601 609 615 612 619 619 1108 1604 1804 3806 i104 1609 9809 0806 1009 1639 1806 1806 1804 5804 0004 1804 1806 810 902 906 910 916 918 922 1002 1076 1008 1010 1008 09 1309 1309 ml 903 923 919 923 IWI 1005 1003 011 013 1015 015 1029 802 1601 604 805. 606 909 903 811 906 907 912 909 916 913 908Su 1618 919 1002 5004 1008 1010 1012 1019 0161616 0161619 1005 1005 3009 3000 1017 1019 1021 1025 0513 1006 5008 1012 1016 1016 1030 1026 803 605 809 601 9LS 915 912 921 1510 925 1003 1005 1003 1089 100 1013 1035 1013 911 916 916 1601 1009 1011 1015 1013 1019 1025 1029 1 1006 L05. 1004 005 1006 05 910 022 826 612 904 9. 906 911 916 930 920 920 611 815 ev 905 913 917 923 935 1006 1009 1010_...5009 1010 100 1012 1013 2012 1013' 1506 1012 1116 1019 1506 1019 UF• RD ST 316 16 118 20 6 0 256 8201836 101 105 110 1109 1111 110 1115 02 1201 0213 1205 0205 1313 1219 0235 1223 1235 1603 002 1104 IIM 1108 010 012 1202 1206 1210 1216 1216 1222 1226 1230 1326 1326 1105 0509 1509 1115 1201 302 1201 1203 1205 1202 1209 1213 1213 002 1104 1106 3308 3310 122 1206 1206 1206 3208 1210 1212 1214 5210 0234 1628 1101 103 1105 002 1107 5010 002 104 506 1308 1110 1112 3242151 5242151 001 1105 1113 1117 1121 1125 1125 101. 0500 1101 1111 1115 107 1119 1121 1123 1151 1310 1112 1201 3205 2309 1313 1213 1321 3602 1603 1602 1210 1216 1218 1222 1226 1230 5205 1 0 1211 1315 13 22 120 205 1209 1213 1215 1312 1219 0221 1225 1306 1202000 1202 1208 1210 1212 1222 1222 1222 1222 1222 1123 0206 1210 1212 1220 1220 1220 1330 1236 1126 1201 020 1202 1203 1215 1213 120 1129 IDI 1335 PURCHASED PARCELS PARCELS DEEDED to HABITAT for HUMANITY V.T.C.A., Local Govemtnatt Code § 253.010 Page 1 C Effective: September 1, 2001 Vernon's Texas Statutes and Codes Annotated Currentness Local Government Code (Refs & Annos) Title 8. Acquisition, Sale, or Lease of Property Subtitle A. Municipal Acquisition, Sale, or Lease of Property Chapter 253. Sale or Lease of Property by Municipalities .� § 253.010. Sale of Real Property to Certain Nonprofit or Religious Organizations (a) Notwithstanding any other provision of law, the governing body of a municipality may provide for the man- ner in which any and acquired by the municipality may be sold if the land is sold to: (1) a nonprofit organization that develops housing for low - income individuals and families as a primary activ- ity to promote community-based revitalization of the municipality; (2) a nonprofit corporation described by 26 U.S.C. Section 501(0x3) that: (A) has been incorporated in this state for at least one year; (13) has a corporate purpose to develop affordable housing that is stated in its articles of incorporation, bylaws, or charter; (C) has at least one-fourth of its board of directors residing in the municipality; and (D) engages primarily in the building, repair, rental, or sale of housing for low- income individuals and fam- ilies; or (3) a religious organization that: (A) owns other property Wasted in the municipality that is exempt from taxation under Section 11.20, Tax Code; and (B) has entered into a written agreement with the municipality regarding the revitalization of the land. (b) A municipality operating under this section may by ordinance determine the individuals and families who qualify as low - income individuals and families under Subsection (a)(1) or (2). In adopting an ordinance under this subsection, the municipality shall consider median income of individuals and median family income in the area. ® 2008 Thomson Reuters/West No Claim to Orig. US Gov. Works. -60- AN ORDINANCE AUTHORIZING THE CONVEYANCE OF PROPERTY LOCATED WITHIN THE CITY AT 601 14TH STREET FOR AN AFFORDABLE HOUSING PROJECT TO HABITAT FOR HUMANITY, AS A QUALIFIED NONPROFIT CORPORATION, SUBJECT TO SPECIFIED CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS RELATED TO THE TRANSACTION; AND PROVIDING FOR SEVERANCE. WHEREAS, it is the City Council's express intention and goal to support the creation, construction, and occupation of affordable housing available to low- income individuals and families within the city of Corpus Christi ( "City "); WHEREAS, to advance the goal, the City Council has determined that particular parcels of municipally -owned land may be sold to qualified nonprofit corporations for the development of affordable single - family housing units so long as reasonable conditions are imposed and met; WHEREAS, in accordance with Chapter 253 of the Texas Local Government Code, the City Council may provide for the manner in which any land acquired by the City may be sold to a qualified nonprofit corporation; WHEREAS, the City has determined that Habitat for Humanity ( "Habitat ") is a qualified nonprofit corporation pursuant to the provisions of Chapter 253; WHEREAS, the City desires to sell a parcel of land to Habitat, and Habitat desires to purchase the land from the City, for an affordable single - family housing project; and WHEREAS, the City agrees to convey the land to Habitat, and Habitat agrees to accept the land, subject to the imposition of reasonable terms and conditions set out in the conveyance documents. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute all necessary documents related to the purchase of a parcel of land by Habitat for Humanity- Corpus Christi, Inc. ( "Habitat "), in exchange for the payment of $10, payment by Habitat of all closing costs related to the transaction, and subject to the imposition of reasonable terms and conditions upon Habitat in the conveyance documents including, but not limited to, (a) a restriction that limits development of structures on the land to single - family housing and only those structures that meet the definition of "affordable housing," as the term is defined under federal law, available for purchase by low- income individuals and families; (b) a reversion clause in the City's beneficial favor, as a condition to be met by Habitat subsequent to the conveyance, requiring completion of construction and occupancy of the structure within 18 months of conveyance; and (c) a restriction against the re- conveyance of the land by Habitat at a price in excess of the acquisition price. Further- -61— more, subject to the above - stated terms and conditions, the City Manager, or the City Manager's designee, is authorized to convey the following specific parcel of real property: Lot 2A, Block 6, Steele and Laughlin Addition, Corpus Christi, Nueces County, Texas, and known by its physical address as 601 14th Street, located within the city of Corpus Christi, Texas. SECTION 2. 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, sub- division, 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. EHord252 revdt.doc —62— Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2009, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and was finally passed on this the day of 2009, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: January 9, 2009 Eliza' R. Hundley Assi - nt City Attorney for the City Attorney EHord252 revdl.doc —63— Henry Garrett Mayor Page of 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 13, 2009 AGENDA ITEM: An Ordinance amending Sections 14 -1304 and 14 -1313, Code of Ordinances, City of Corpus Christi, to establish the fees for Third Party Plan Review and Inspections requested by applicant; providing for severance; providing for publication; and providing an effective date. ISSUE: Create a fee for expedited Plan Review from a Third Party Consultant and for Third Party Inspections. REQUIRED COUNCIL ACTION: Council's approval of the proposed fee increases and changes to the code. PREVIOUS COUNCIL ACTION: A consultant service agreement was approved by Council on September 16, 2008. CONCLUSION AND RECOMMENDATION: Staff recommends approval of ordinance as proposed. Attachments -67- Bob Nix, AICP Assistant City Manager BACKGROUND INFORMATION On September 16, 2008, City Council approved consultant service agreements with Sunrise Engineering, Bureau Veritas, and Building Code Consultant Services to assist the Development Services Department in the various development and construction functions performed by the department including plan review and inspection services. Currently the consultants provide these services as an extension of the Development Services Department to cover voids that are created die to vacancies and absenteeism. The department is in the process of filling those positions, and intends to provide the choice to the developer or builder, to use expedited services for plan review and or for third party inspections. —68— AN ORDINANCE AMENDING SECTIONS 14 -1304 AND 14 -1313, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO ESTABLISH THE FEES FOR THIRD PARTY PLAN REVIEW AND INSPECTIONS REQUESTED BY APPLICANT; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 14 -1304, Code of Ordinances is amended by adding a new subsection (e), to read as follows: "Sec. 14 -1304. Processing and plan review fee. * "(e) A third party plan review or inspection may be requested by the applicant at the time the application is filed. The fee for a third party plan review or inspection requested by the applicant pays the costs of services of an approved third party consultant and the applicable overhead rate. The fee for a third party plan review requested by the applicant must be paid at the time the application is filed. The fee for a third party inspection requested by the applicant must be paid prior to the inspection. The fees for third party plan review and inspection requested by the applicant are listed in the fee schedule in Sec. 14 -1313. Third party consultant contracts are available through the Development Services Department." SECTION 2. Section 14 -1313, Code of Ordinances is amended by adding a new fee for third party plan review to the Plan Review Fees table and by adding a new fee for third party inspection services to the Miscellaneous Construction Fees table, to read as follows: "Sec. 14 -1313. Technical construction codes fee schedules. "The following fee schedules apply to activities under article II of this chapter: PLAN REVIEW FEES AMOUNT OF FEE Residential plan review Greater of: $19.25or $0.024 per square foot 3rd Party Plan Review Fee Ordinance 01052009 _69_ 2 Commercial plan review Greater of: $58.00or 37% of building permit fee for first $2,000,000 of valuation + 25% of building permit fee for next $1,000,000 of valuation + 18% of building permit fee for any valuation over $3,000,000 Multiple plan review fee 15% of original plan review fee for third review submittal; 30% of original plan review fee for fourth review submittal; 45% of original plan review fee for fifth review submittal; 60% of original plan review fee for sixth review submittal; 75% of original plan review fee for seventh review submittal; 90% of original plan review fee for eighth review submittal; 100% of original plan review fee for ninth and above review submittals Third Party Plan Review when requested Contract Rate + 32% overhead rate by applicant MISCELLANEOUS CONSTRUCTION FEES AMOUNT OF FEE Certificate of occupancy for change of use of existing building or structure $206.00 Duplicate certificate of occupancy $0.10 per page Temporary events Temporary event permit w/o food service $64.80 Temporary event permit w/ food service $199.80 Construction site offices $45.90 Demolition permit Greater of: $75.00or $0.023 per square foot Accessibility plan review for commercial projects <$50,000 $101.25 3RD PARTY PLAN REVIEW FEE ORDINANCE 01052009 —70— 3 Accessibility inspection & certification $101.25 Commercial building site plan review $816.75 + $13.50 per acre Windstorm engineering plan review, inspection, & certification $300.00 per premises Failure to obtain permit Work commenced but not finished Greater of 2X fees or investigative fee Work completed Greater of 2X fees or investigative fee Miscellaneous Fees Investigative fee $337.50 Re- inspection fee $75.00 Permit research $15.00 per hour Inspections outside City, but within ETJ Inspection fee + $75.00 + $1.83 per mile Inspections outside City and ETJ Inspection fee + $1.83 per mile + $75.00 for each 200 miles Permit extension Greater of: $75.00 or 33.75% of permit fee Renewal of expired permit Greater of: $75.00 or 33.75% of permit fee + permit extension fee Request for refund on canceled permit if no work done $37.80 Reduced fee for public schools, Federal, State, county, municipal governments and other political subdivisions with ad valorem tax status Greater of: 50% of regular permit fee or minimum fee Third party inspections when requested by Contract rate + 32% overhead rate applicant Technology fee 2.5% X building permit fees Minimum fee $75.00 3RD PARTY PLAN REVIEW FEE ORDINANCE 01052009 —71— 4 SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. This ordinance is effective on February 1, 2009. 3RD PARTY PLAN REVIEW FEE ORDINANCE 01052009 —72— 5 That the foregoing ordinance was rea for the first time and passed to its second reading on this the (34 day of nu.n.,,52009, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED: 5th day of January, 2009: R..ay : -fining Firs • ssistant CitfAttorney For City Attorney 3RD PARTY PLAN REVIEW FEE ORDINANCE 01052009 —73— 8 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: January 13, 2008 Public hearing and first reading ordinance to consider abandoning and vacating a 1,945- square foot portion of the Lakeside Drive and Mounts Drive (undeveloped and unsurfaced)" public street rights - of -way, located at the intersection of the Lakeside Drive and Mounts Drive public street right -of -way; subject to compliance with the specified conditions. ISSUE: Ms. Tommie Edwards, ( "Owner"), is requesting the abandonment and vacation of an undeveloped and unsurfaced portion of the Lakeside Drive and Mounts Drive public street rights -of- way, adjacent to her property at 910 Mounts Drive. REQUIRED COUNCIL ACTION: City Charter Article X, Paragraph 9, requires Council approval to abandon and vacate any portion of street rights -of -way. City Charter Article X, Paragraph 11, requires a public hearing prior to the abandonment and vacating of any street rights -of -way. IMPLEMENTATION SCHEDULE: Upon approval by Council and issuance of the ordinance, all grants of street 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 public rights -of -way, easements, and items of record, must be submitted to the Deputy Director of Development Services. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A - Exhibit B - Exhibit C - Exhibit D - Bob Nix, AICP ACM of Development Services Background Information Ordinance Site Location Map Proposed Re -plat of Property at 910 Mounts Drive (Lots 28 -A thru 28 -E, Block G, Flour Bluff Estates) —77— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Ms. Tommie Edwards, ( "Owner"), is requesting the abandonment and vacation of a 1,945- square foot portion of the Lakeside Drive and Mounts Drive public rights -of -way. The basis of the request to abandon and vacate the portion of right -of -way mentioned in Ms. Edward's application letter is that she has been maintaining the unimproved right -of -way area in front of her property since 2002. In further discussion with Ms. Edwards, staff was made aware that she is in the process of re- platting the property at the southwest corner of the intersection of Lakeside Drive and Mounts Drive to create and develop residential properties. The acquisition of this portion of right -of -way will facilitate the creation of five residential lots out of the existing property. The owners of the two other properties abutting this section of right -of -way did not participate in the abandonment request. Staff attempted to contact Mr. Dale Davila, owner of the property at 349 Lakeside Drive, to confirm reasons for not participating in the request, including visiting the residence on November 19, 2008. There was no response at the door, and written notice was posted. As of December 30, 2008, no response had been received from Mr. Davila. Staff was able to meet on site with Mr. Larry Evans, the owner of the property at 402 Lakeside Drive on November 19, 2008. Mr. Evans explained to staff that he did not participate in the request to abandon the portion of right -of -way because he opposes the action. The public rights -of -way to be abandoned and vacated are located in an "R -1 B" one - family dwelling district. Notice of the proposed street right -of -way closure. was mailed to 61 property owners within the 450 foot distance from the limits of the right -of -way to be abandoned, as required by the Code of Ordinances, Section 49 -12. A courtesy notification was also provided to 24 property owners outside the 450 foot distance, but within the adjoining neighborhood area. All public and franchised utilities were contacted regarding this closure request. None of the public or franchised utilities had any objections to the public street right -of -way closure. Staff recommends that the Owner pay the fair market value of $1,215.00 for the abandonment and vacating of the 1,945- square foot portion of the Lakeside Drive and Mounts Drive public street rights -of -way, prior to closure going to City Council. As a condition of the public right -of -way closure, the Owner will be required to record all grants of street closures and dedications in the real property Map Records of Nueces County, Texas, within 90 days of adoption of the ordinance for the closure of this section of Lakeside Drive and Mounts Drive. In addition, the Owner will be required to record the replat of the property, including the section of right -of -way to be closed, within 180 days of the adoption of the ordinance for the closure of this section of Lakeside Drive and Mounts Drive. The Owner has been advised of and concurs with the conditions of the right -of -way abandonment and vacation. EXHIBIT A —78— Proposed Public Right of Way Closure Right of Way B 060' Buffer DDTONAL SELECTON of OWNERSHIPS Dam: 72!30/2008 Fat ENN7YeuakeseeMount.SCLLekeside Dr -Mounh Dr No Rerel.nnd Prepared BY Damars S _ Ciy of Corpus Christi Texas Development Services -79- Proposed Public Right of Way Closure ri „, : DS OepartmenttPrepared ewlopmurtServiees EXHIBIT C -80- S83 °15'16 "E LAKES/DE DRIVE - 5.21' sy2 °as 83 0 SE R.O.W. CLOSURE / SAND PURCHASE / 1,945 SQ.FT. / DOC# O.R.N.C.T. / /S26 °16'9 22.99 BLOCK /G 1 s SCA PREVAIL LOT 26 -A VOL. 50, PG. M.R.N.C.T. FOUND 5/8 ■ STEEL ROD —81 —/ Lots 28 -A thru 28 -E Block G Flour Bluff Estates EXHIBIT D Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 1,945-SQUARE FOOT PORTION OF THE LAKESIDE DRIVE AND MOUNTS DRIVE UNDEVELOPED AND UNSURFACED PUBLIC STREET RIGHTS -OF -WAY, LOCATED AT THE INTERSECTION OF THE LAKESIDE DRIVE AND MOUNTS DRIVE PUBLIC STREET RIGHTS -OF- WAY;SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Ms. Tommie Edwards (Owner) is requesting the abandonment and vacating of a 1,945- square foot portion of the Lakeside Drive and Mounts Drive undeveloped and unsurfaced public street rights -of -way, located at the intersection of the Lakeside Drive and Mounts Drive public street rights -of -way due to the fact that Ms. Edwards and her husband have been maintaining that portion of public right -of -way, which is a required duty as per the Code of Ordinances § 49 -11. Additionally, Ms. Edwards is in the process of re- platting the property at the southwest corner of the intersection of Lakeside Drive and Mounts Drive to create and develop residential properties. Therefore the acquisition of this portion of right -of -way will facilitate the creation of five residential lots out of the existing property; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, January 13, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the portion of the dedicated public right -of -way (Exhibit A), subject to compliance with the specified conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 1,945- square foot portion of the Lakeside Drive and Mounts Drive undeveloped and unsurfaced public street rights -of -way, located at the intersection of the Lakeside Drive and Mounts Drive public street right -of way, as recorded in Volume 8, Page 1 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. The Owner pays the fair market value of $1,215.00 prior to the street closure ordinance for the abandonment and vacating of the 1,945- square foot portion of the Lakeside Drive and Mounts Drive undeveloped and unsurfaced public street rights -of -way, going to City Council for approval. 2. Within 90 days of approval by Council and issuance of the ordinance, Owner will be required to record all grants of street closures and ORD- Lakeside Drive and Mounts Drive ROW closure 12.76.8e2— Page 2 of 3 dedications at their 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 public rights -of -way, easements, and items of record, must be submitted to the Development Services Engineer. 3. Within 180 days of approval by Council and issuance of the ordinance, Owner will be required to record the plat of Lots 28 -A through 28 -E, Block G, Flour Bluff Estates, including the portion of the Lakeside Drive and Mounts Drive undeveloped and unsurfaced public street rights -of -way to be abandoned, at their expense in the real property Map Records of Nueces County, Texas, in which the property is located. ORD- Lakeside Drive and Mounts Drive ROW closure 12.197083— That the foregoing ordinance was read for the Page 3 of 3 first time and passed to its second reading on this the d 3t& day of Jam+ko ., Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly , 2009, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez O�� U Michael McCutchon That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED as to form: January 5, 2009 By: „GG `L WA) eborah W. Br Assistant City Attorney For City Attorney ORD- Lakeside Drive and Mounts Drive ROW closure 12.1eeee4— John E. Marez Nelda Martinez Michael McCutchon day of , 2009. Henry Garrett Mayor CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 16, 2008 AGENDA ITEM: Local Economic Condition Update ISSUE: Update City Council on current economic conditions and what effect they may have on the FY09 Budget and Proposed FY 10 Budget. REQUIRED COUNCIL ACTION: None Attachments: —87— Eddie Houlihan Assistant Director of Management and Budget PRELIMINARY DISCUSSION REGARDING LOCAL ECONOMY AND THE CITY'S FINANCIAL CONDITION • 1. What Do We Know? • 2. What Could it Mean to the City of Corpus Christi? • 3. What Can We Do About it? • 4. Discussion -88- 1 • The Recent Credit Crisis and Related Decline in the Stock Market Has Created Delays in Bond Issuance, Project Start Up, Increases in the Cost of Borrowing and Generated Greater Supply of Potential Contractors. -89- 2 • Corporate Profits Have Declined Nationwide in the Last Five Consecutive Quarters • The Most Recent Fiscal Quarter Resulted in a .5% Decrease in Gross Domestic Product • These factors may begin to affect the City's primary employers first and overtime this decreased investment may begin to affect secondary employers and other sectors of our economy. • The Corpus Christi unemployment Rate Has Increased From 4.1% in October 2007 to 5.2% in October 2008. • State and National Unemployment Rates Also Increased During This Same Time Period • These Trends May Affect the City's Revenue Trends and Increase Demands for Service -90- 3 • NAS INGLESIDE /CC ARMY DEPOT /NAS CORPUS CHRISTI REALIGNMENT AND CLOSURE By September 2010 the Navy will Vacate Naval Station Ingleside • Loss of over 4,000 civilian jobs (445 direct /3,690 indirect jobs) • This equates to 6.5% of San Patricio County's Labor Force and 1.1% of Nueces County's Labor Force • Loss of over $234.4 million in payroll -NAS Ingleside • Loss of over $108.4 million in payroll -CC NAS /CC Army Depot • Loss of 3,000 military personnel • Impact could begin as early as late Spring /Early Summer 2009 • WHAT COULD THIS MEAN TO THE CITY OF CORPUS CHRISTI? —91— 4 GENERAL FUND . Sixty-One Percent of General Fund Revenues are Comprised of Sources That Are Directly Affected by the Economic Environment (Property Tax, Sales Tax, Industrial District Tax and Franchise Fees) -92- 5 DEBT SERVICE • Twenty -Seven Percent of Debt Service Revenues are Generated by Property Taxes. • Contributions From Other Funds May Also be Negatively Impacted by Local Economic Conditions -93- 6 SPECIAL REVENUE FUNDS • Eighty -Seven Percent of Special Revenue Funds are Comprised of Revenue Sources that may be Negatively Affected by the Local Economy (Property Tax, Hotel Occupancy Tax, Sales Tax, Development Services and Arena /Convention Center Revenues) -94- 7 INTERNAL SERVICE FUNDS • Although Internal Service Funds Serve Inter - Departmental Needs of the City, Consideration May be Given to: • The relatively large appropriations required to support these funds • Cost efficiency of delivering internal support to City departments • Consideration of internal service fund balances -95- 8 ENTERPRISE FUNDS • Debt Service Costs Place Long Term Revenue Demands on Enterprise Fund Revenues and Reduce the Ability to be Flexible in How funds are Used • Thirty Percent of all Enterprise Fund Revenues are a Direct Pass Through • Utility Rates Affect Personal Disposable Income and Cost of Business • Revenue Streams Need to be Protected to Support More Immediate Operational Costs that Support Daily Services to Customers -96- 9 ALL EXPENDITURES . Expenditures With Greater Flexibility to Reduce: Salaries and Benefits 28% Materials and Supplies 12% Contractual Services 17% Other Charges 2% Reserve Appropriation 1% Internal Service Allocations 6% Transfer to Other Funds 15% Capital Outlay 1% Total 82% -97- 10 ADDITIONAL FINANCIAL CONSIDERATIONS ■ GASB 45 . TMRS . Need for Capital Investment in Vehicles, Equipment and Facilities . Employee Compensation ACTIONS THAT MAY BE CONSIDERED 1. Hiring Policy /Procedure Review 2. Evaluation of City Staffing Plans Regarding Overtime, Temporary Employees, Flex Scheduling and Tele- Commuting Options 3. Evaluate Capital Improvement Plan for Cost Efficient Scheduling 4. Study Possible Opportunity to Participate in Federal Stimulus Package 5. Conduct Intensified Analysis of Current Year's Financial Trend to Anticipate Effects of an Economic Downturn —98— 11 6. Re- evaluate AU Policies Governing Expenditures of Operating Funds 7. Accelerate Budget Preparation Schedule 8. Postpone Amendment to Fiscal Period 9. Analyze and Consider Future Use of Appropriable Fund Balances 10. Specify Target Expenditure Reductions in Department Expenditures in FY09 and FY10 11. Create a Revenue Maximization Program 12. Consider Organizational Structure to Maximize Service Delivery and Streamline Management Oversight 13. Analyze a Possible "Windfall" From Decreasing Fuel Prices and Reserve Set Asides 14. Implement Energy Efficiency Program 15. Evaluate the City's Contract Management Capacity -99- 12 16. Build the Financial Management Capacity of Staff 17. Evaluate How we Financially Manage Capital Projects 18. Consider Outsourcing 19. Evaluate the Sale of Unnecessary Assets 20. Carefully Plan Public investments that Support the Local Economy -100- 13 10 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Report on Tuloso- Midway Independent School District by Dr. Cornelio Gonzalez, Superintendent STAFF PRESENTER(S): Name JoAnn Hooks Title /Position /Organization OUTSIDE PRESENTER(S): Name Director of Education Initiatives Title /Position /Organization 1. Dr. Cornelio Gonzalez 2. Mr. Paul B. Mostella 3. Mrs. Sylvia Longoria -Hill TMISD Staff In Attendance: Dr. Timothy Cuff Mrs. Carol Sue Hipp Superintendent Tuloso- Midway Independent School District (TMISD) President, Board of Trustees Vice - President, Board of Trustees Assistant Superintendent for Curriculum and Instruction (TMISD) Assistant Superintendent for Business and Operations (TMISD) TMISD School Board of Trustees: Paul Mostella Billy Lerma Felix Landin Hector Del Toro Jan Mostella Sylvia Longoria -Hill Michael Alanis President Vice - President Secretary Vice - Secretary Trustee Trustee Trustee —103— ISSUE & BACKGROUND: In an effort to keep education at the forefront of City issues, each school district from the Corpus Christi area will be invited to City Council once a month to share information regarding their respective districts. Tuloso- Midway ISD is the third in a series of presentations. Led by each district's superintendent and members of his or her school board, we will begin to build community awareness of our educational landscape. The districts will give an overview of the following: • District Demographics (to include dropout information, if applicable) • Successful programs; programs/curriculum aligned to address local workforce needs • Challenges facing the district/opportunities for partnerships REQUIRED COUNCIL ACTION: None. JoAnn Hooks Director of Education Initiatives —104— 802 Students E .^L 0 771 Students t CO Intermediate 778 Students t CO 4) D D 2 1014 Students 22 Students 0 U 2 < ➢Native American t. O D D o 0) O C C3) n liaj C 0 C3 (0 'CT3 U) (i) . CD _0 = CD = _C (13 03 N 03 C3) _I 0 C ± a) o o 0 I) n o it a o CO a) a) W (1) CO o_ n -0 -0 -0 CY) E c 7 g T ° c 0 03 0 to 45 8 11: 0 c , c O 0 0 0 ..- . ..- CO 0 CD CO > U) 0 0 > 1-0 0 0 N- c 5 >n C N a) a) a)c) a) 69- fY Z Z U) fit 11 11 10 11 11 Construction of new Tennis Courts at and High Schoo 0 ai it$ .......... 4 cn cn N 0 0 CD E L a) 0 0 0 c D co N il a) N O 0 • 1st Generation Co • ; c Community Support c E thi a) a) 0 0 b>woo V 3 a D 1:5 V/ CD CZ CZ 0 0 Grad uates 0 N. 4 co N c 0 0) a) fr z 0 cm _. . c t a c o a o c U - c 0 0 73 C3 D J O E CD 0 `�slVVVVVVVVV�� � � u � � � � ���VGC'; Sn 0 CD CI I— ('3 --- co E k Ltd- ..„ L._ 0 a) (-) Q. -.Q C 0 CL) _ -.Q >- :5- 01) o E 0 11 DATE: TIME: PLACE: AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION Tuesday, January 20, 2009 During the meeting of the City Council beginning at 10:00 a.m. City Council Chambers 1201 Leopard St. Corpus Christi, TX 78401 1. President Bill Kelly calls meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Bill Kelly, President John Marez, Vice President Melody Cooper Larry Elizondo Henry Garrett Mike Hummel) Priscilla Leal Michael McCutchon Nelda Martinez Officers Vacant, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer 3. Approval of minutes of August 19, 2008 4. Approval of the financial report 5. Motion to designate 'Angel R. Escobar as General Manager of the Corporation 6. Approval Of A Resolution Concerning An Election To Issue Mortgage Credit Certificates In Lieu Of Single Family Mortgage Revenue Bonds And Establishing The Mortgage Credit Certificate Program, Series 2009 7. Approval Of A Memorandum of Understanding with NRP Holdings, LLC for the Development of Phase II of Costa Tarragona Apartments 8. Public Comment 9. Adjournment —117— MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION MEETING August 19, 2008 5:33 p.m. PRESENT Board of Directors Bill Kelly, President John Marez, Vice President Larry Elizondo, Sr. Henry Garrett Mike Hummel' Priscilla Leal Michael McCutchon Nelda Martinez Officers George K. Noe, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer ABSENT Melody Cooper President Kelly called the meeting to order in the Council Chambers of City Hall. Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been posted. President Kelly called for the approval of the minutes of the December 18, 2007 meeting. Mr. Elizondo made a motion to approve the minutes as presented, seconded by Ms. Leal, and passed. (Cooper absent) President Kelly opened discussion on Item 4, the election of officers. Mr. Garrett made a motion to reappoint Mr. Kelly as President and John Marez as Vice - President, seconded by Ms. Leal, and passed. Mr. Marez made a motion to reappoint George K. Noe, General Manager, Armando Chapa, Secretary, Mary Juarez, Assistant Secretary, Cindy O'Brien, Treasurer, and Constance P. Sanchez, Assistant Treasurer serving as officers, seconded by Ms. Leal, and passed. (Cooper absent) President Kelly called for the General Manager's report. General Manager Noe stated that the report was provided to the board members and asked if there were any questions. There were no questions. President Kelly called for the financial report for eleven months ending June 30, 2008. Treasurer Cindy O'Brien stated that the fund balance was $407,493.. There were no questions regarding the report. Ms. Martinez made a motion to approve, seconded by Mr. Elizondo and passed. (Cooper absent) —118— Minutes — CCHFC Annual Meeting August 19, 2008 — Page 2 President Kelly opened discussion on Item 7, the consideration and approval of a Resolution with respect to an Application for a Calendar Year 2009 Reservation for Qualified Mortgage Bond Authority. General Manager Noe stated this is the mortgage certificate program that has been operating for a number of years. Mr. Noe introduced John Bell, Legal Counsel for CCHFC to explain this item. Mr. Bell stated this program has been in effect since 1987. He added that in order for this program to continue we need a new allocation from the Texas Bond Review Board for 2009. There is no risk to the Corporation. It provides federal tax credits to first time homebuyers who qualify under the guidelines. Mr. Marez made a motion to approve the resolution, seconded by Mr. Garrett and passed. 7. APPROVAL OF A RESOLUTION WITH RESPECT TO AN APPLICATION FOR A CALENDAR YEAR 2009 RESERVATION FOR QUALIFIED MORTGAGE BOND AUTHORITY. The foregoing resolution was passed and approved with the following vote: Kelly, Marez, Elizondo, Garrett, Hummell, Leal, McCutchon and Martinez voting "Aye ". Cooper was absent. President Kelly opened discussion on Item 8, the consideration and approval of an Interim Construction Loan to RRAH Corpus Christi, LP in Connection with the Development of Buena Vida Senior Village. Assistant City Manager Oscar Martinez stated that this revolves around two issues. Mr. Martinez stated the first phase is when the City of Corpus Christi provides funding to Bridge Financing to complete a home construction project and the other phase is consideration given by the award of points given by the allocation of tax credits by the State. He stated the Buena Vida Senior Village Project is a 100 senior facility to be developed on Old Brownsville Road and that it has been awarded $ 857,000 in annual low income housing tax credits with the requirement that it receive local commitment and support in dollars. Another project, the Oasis at the Park Project is a single room occupancy project dedicated to support the homeless in our community and is seeking $292,000 in tax credits; however, it did not receive the allocation. In July 15, 2008, the CCCIC allocated $237,000 to the Buena Vida Project and were awarded the points necessary to receive tax credits to complete the project. The 2007 -2008 Consolidated Action Plans dedicated up to $400,000 to support the single residency occupancy program that is called the Oasis Project. However, at this point, the Texas Department of Housing and Community Affairs has opted to award the points necessary for the Buena Vida Project to receive the tax credits necessary. If the City does not take action in funding Buena Vida, the possibility exists that we will not get any other projects. In reviewing our options, we did fmd sufficient funding for the Buena Vida Project out of the CCHFC funds. The fund balance of $407,000 of which $238,000 if appropriated would fund this project and allow them to receive the tax credits. The Oasis Project could receive funding in the future although there is no guarantee. Ms. Leal made a motion to fund the $238,000 to the Buena Vida Senior Village. -119- Minutes — CCHFC Annual Meeting August 19, 2008 — Page 3 President Kelly called for public comment. Abel Alonzo, 1701 Thames, asked what staff was recommending. Mr. Martinez responded that they are supporting both the Buena Vida and the Oasis projects. Mr. Alonzo asked that they support the needs of the community especially of the homeless for the Oasis Project. David Marquez of LULAC Oasis in the Park explained the application process to the CCHFC board members. He asked the board to let the State runs its course so that Oasis in the Park will get the funding. He stated he did not want CCHFC to award Buena Vida additional funding and asked that the board take no action. Henry Gorham, 1745 Sunbeam, Chairman of the Board LULAC Village of the Park Apartments stated he did not want the CCHFC to fund the Buena Vida Project. He stated if Buena Vida does not get funded, then their project will get the funding. He asked to let the process continue and run its course with the state. Bruce Armstrong, 1200 10th St., Vice -Chair of the Homeless Issues Partnership, stated that on August 17, 2004, City Council approved the adoption of a seven -year plan on ending chronic homelessness in Corpus Christi. He stated that Action Step Plan #4 is to decrease the duration of homelessness and that three hundred supportive housing units need to be completed by 2012. The project Oasis in the Park is the first step towards that goal. He stated he is asking for the City Council' s support for the project to be completed. Randy Stevenson, Arlington, Texas, stated that he tried to bring an elderly housing project to the West Oso area three years ago. He stated that he has done everything the City has asked them to do and has been through the whole process. He also stated that he has a letter of commitment from the TDHCA and all they need is the additional funding to proceed. Ms. Leal asked Mr. Stevenson if he would pay back the funds within two years with interest and he stated yes. Mr. Kelly asked for any other public comment. There was none. Mr. Kelly asked Mr. Martinez for the recommendation. He stated the recommendation is for the Buena Vida Senior Village be awarded the funds and the Oasis Project remain in place for future funding. Ms. Martinez asked Mr. Marquez if he would be able to receive additional funds and he stated he would not know until September 4a'. He did state they could receive additional funding. 8. APPROVAL OF AN INTERIM CONSTRUCTION LOAN TO RRAH CORPUS CHRISTI, LP IN CONNECTION WITH THE DEVELOPMENT OF BUENA VIDA SENIOR VILLAGE. —120— Minutes — CCHFC Annual Meeting August 19, 2008 — Page 4 The foregoing resolution was passed and approved with the following vote: Kelly, Elizondo, Garrett, Hummell, Leal, McCutchon and Martinez voting "Aye ". Cooper and Marez were absent. Mr. Kelly asked for additional public comment on other topics. There was none. There being no further business to come before the corporation, President Kelly adjoumed the meeting at 6:25 p.m. on August 19, 2008. —121— Corpus Christi Housing Finance Corporation Balance Sheet December 31, 2008 Current assets: Cash in bank Investments Total assets Assets Liabilities and Fund Balance 133,659 266,999 $ 400,658 Liabilities: Total liabilities $ Fund balance: Undesignated 400,658 Total fund balance 400,658 Total liabilities and fund balance $ 400,658 -122- Corpus Christi Housing Finance Corporation Summary of Transactions For the Five Months Ended December 31, 2008 Fund balance at August 1, 2008 $ 403,295 Revenues: Interest 2,221 Change in fair value of investments 368 Application fees 150 Extention Fee 25 Issuance fee 2,450 Total revenues 5,214 Expenditures: Administrative costs Legal fees 6,015 1,835 Total expenditures 7,850 Fund balance at December 31, 2008 $ 400,658 -123- MEMORANDUM TO: President Kelly and Members of the Board of the CCHFC FROM: 'Angel R. Escobar, City Manager DATE: January 12, 2009 SUBJECT: Request for Meeting of the Corpus Christi Housing Finance Corporation (CCHFC) on January 20, 2009. I am requesting that a meeting of the Corpus Christi Housing Finance Corporation (CCHFC) Board of Directors be held during the City Council meeting of January 20, 2009, to consider two actions, as follows: 1. Approval Of A Resolution Concerning An Election To Issue Mortgage Credit Certificates In Lieu Of Single Family Mortgage Revenue Bonds And Establishing The Mortgage Credit Certificate Program, Series 2009. The CCHFC has been very active in providing mortgage assistance since its creation in 1980, originally through the issuance of single family mortgage revenue bonds. Beginning in 1987, the CCHFC was a trailblazer in offering Mortgage Credit Certificates ( "MCCs ") in Texas. The Corpus Christi program was the first program in the state, and it was the only program available in the state for several years. Since then, a few other communities as well as the Texas Housing Agency have offered MCC programs. A Mortgage Credit Certificate is a federal tax credit that can be issued by the CCHFC once it receives an allocation of federal mortgage bond authority. The MCC authorizes a first -time home buyer to take a federal tax credit on his or her federal income taxes for a portion of the mortgage interest paid on a qualifying home loan. The tax credit is available each year that the home buyer occupies the residence. Since the inception of the MCC program, over $130,000,000 in mortgage assistance has been made available to more than 2,100 first -time home buyers in Corpus Christi through this tax incentive and the efforts of the CCHFC. The CCHFC either has operated its own MCC programs or administered MCC programs for other entities on a continual basis for 20 years. The most recent allocation received for the City established the 2007 program which recently ended on December 31, 2008. Last August, the CCHFC authorized an application to the Texas Bond Review Board for a new allocation of federal bond authority, and we are pleased to report that the CCHFC has received an allocation last week of just over $21 million of authority. —124— This new program will provide a 35% MCC for mortgages up to and including $100,000 and a 30% MCC for mortgages over $100,000. This means that a first time home buyer would receive 35% or 30% of the mortgage interest paid as a direct tax credit off of the federal income tax return; however, in no event can a buyer receive a tax credit more than $2,000 each year. This is a substantial benefit for first time home buyers, and the MCC program has worked exceptionally well in the past. This 2009 program should assist approximately 200 families. Local lenders and real estate agents in Corpus Christi have been integral partners with the CCHFC in all of our previous undertaking and provide the drive and energy to make the program a success. We acknowledge their hard work and salute these partners in our programs. Attached is the MCC Information Guide explaining the program in detail. Once the program is approved, invitation letters will be sent to the local mortgage lending community to participate in this new program. 2. Approval OfA Memorandum of Understanding with NRP Holdings, LLC for the Development of Phase II of Costa Tarragona Apartments. In 2005, the CCHFC approved the formation of Costa Tarragona I, Ltd., a Texas limited partnership, and the issuance of $10,680,000 in multi - family revenue bonds for the development of a 250 -unit apartment project at the southeast corner of the interchange of North Padre Island Drive and Interstate Highway 37. The CCHFC acquired the land for the project and approved a ground lease to the limited partnership, and a limited liability company formed by the CCHFC serves as the general partner of the limited partnership. The development and construction costs for the project were raised through the private placement of the bond issue and the issuance of low- income tax credits with funds raised from private investors through the NRP Group. No funds of the City of Corpus Christi have been involved, and nothing in the transaction makes the City obligated on any of the liabilities of the limited partnership. The NRP Group was the co- developer of the project and continues to serve as the management company for the apartments. The project was successfully completed in 2008 and is fully occupied, and operating reports show that it has surpassed the break -even point for cash -flow purposes. The Corpus Christi Housing Finance Corporation will receive a wire transfer in the amount of $96,198 as its share of the development fees since it served as co- developer of the project. NRP Group initially acquired a larger tract of land at that location, and the plans always have included a Phase II of the apartment project when the market was established. The tract of land is available for development on a similar basis as the Costa Tarragona I development. —125— The proposed Memorandum of Understanding with NRP is similar to the Memorandum of Understanding originally approved in 2004 when the project was first conceived. While it does not legally obligate the CCHFC to any liabilities, the parties agree to investigate the development of Phase II in compliance with all applicable laws and regulations. The credit markets obviously have changed dramatically since 2005, so some of the terms for a new financing may be different. In any event, if an allocation of low- income housing tax credits is obtained and the other financing details can be worked out, we will return to the CCHFC Board with a specific financing and development plan for approval. —126— RESOLUTION CONCERNING AN ELECTION TO ISSUE MORTGAGE CREDIT CERTIFICATES IN LIEU OF SINGLE FAMILY MORTGAGE REVENUE BONDS AND ESTABLISHING THE MORTGAGE CREDIT CERTIFICATE PROGRAM, SERIES 2009 WHEREAS, the Corpus Christi Housing Finance Corporation (the "Corporation ") has been duly created and organized pursuant to the provisions of the Texas Housing Finance Corporations Act (the "Act ") for the purpose of assisting in financing the cost of residential ownership and development that will provide decent, safe and sanitary housing for persons of low and moderate income at prices they can afford; and WHEREAS, the Corporation has received a Reservation Certificate from the Texas Bond Review Board authorizing the Corporation to issue up to $21,742,715 in single family mortgage revenue bonds; and WHEREAS, pursuant to Section 25 of the Internal Revenue Code of 1986, as amended, the Corporation intends to make a revocable election to issue mortgage credit certificates in lieu of the issuance of single family mortgage revenue bonds in connection with its Mortgage Credit Certificate Program, Series 2009 (the "Program "); and WHEREAS, the Corporation hereby finds and determines that the making of such an election and the issuance of mortgage credit certificates serves the public purposes of the Corporation outlined in the Act and assists persons of low to moderate income in financing the purchase of residences at prices they can afford; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: 1. The Corporation authorizes its revocable election pursuant to Section 25 of the Internal Revenue Code of 1986, as amended (the "Code ") not to issue $21,742,715 in qualified mortgage bonds during the calendar year 2009, and each of the President and the General Manager of the Corporation is authorized to perform all matters necessary and do all things required in connection with such election. 2. The Mortgage Credit Certificate Program, Series 2009, is hereby established, and the General Manager is authorized to perform all matters necessary for the implementation of said Program, and all actions taken by or on behalf of the Corporation in connection with the Program are hereby authorized, ratified, confirmed and approved, and all orders, resolutions, or any actions or parts thereof of the Board of Directors in conflict herewith are hereby expressly repealed. 3. This Resolution shall be in full force and effect from and upon the date of its adoption. DULY PASSED AND ADOPTED this 20th day of January, 2009. CORPUS CHRISTI HOUSING FINANCE CORPORATION By: Bill Kelly, President —127— CORPUS CHRISTI HOUSING FINANCE CORPORATION MORTGAGE CREDIT CERTIFICATE PROGRAM MCC INFORMATION GUIDE , The Corpus Christi Housing Finance Corporation is operating a Mortgage Credit Certificate Program in the Corpus Christi area to help make ownership of homes more affordable for low to moderate income households, especially first -time buyers. A Mortgage Credit Certificate (MCC) increases a family's disposable income by reducing its federal income tax obligations. This tax savings provides a family with more available income to qualify for a loan and meet mortgage payment requirements. In order to participate in the Program, home buyers must meet certain eligibility requirements, purchase a home or complete home improvements which qualify under the Program, and obtain a mortgage loan through a participating Lender. (Refer to the "MCC = Money in Your Pocket!!" Worksheet to see if you meet the general requirements for participation in the Program.) —128— MCC TAX CREDITS MCC Percentage: A loan up to $100,000.00 qualifies for a Mortgage Credit Certificate Rate of 35 percent. A loan over $100,000.00 qualifies for a Mortgage Credit Certificate Rate of 30 percent. The following is an illustration of the applicable MCC Percentage: Loan up to $100,000.00 Loan over $100,000.00 35% 30% An MCC is a tax credit that will reduce the federal income taxes of qualified buyers purchasing a qualified Residence or homeowners completing qualified home improvements or a qualified rehabilitation. As a result, the MCC has the effect of reducing your mortgage payments. Applications must be made to the CCHFC prior to closing the Loan. The MCC may not be used in connection with the refinancing of an existing loan. Benefit Amount: The size of your annual tax credit will be the specified credit rate of the annual interest paid on your mortgage loan or $2,000, whichever is less. The credit cannot be larger than your annual federal income tax liability, after all other credits and deductions have been taken. MCC credits in excess of your current year tax liability may, however, be carried forward for use in the subsequent three years. For an example ofhowMCCswork, see "MCC = Money in Your Pocket!!" Tax Credit Versus Tax Deduction: A mortgage interest deduction differs from a mortgage tax credit in a number of ways. For example, all home buyers, regardless of income, may take a mortgage interest deduction, whereas mortgage tax credits are available only to holders ofMortgage Credit Certificates. With the Mortgage CreditCertificare, you will save $1 for each $1 of credit received. Using an MCC and itemizing your deductions on Schedule A of Form 1040 will require you to reduce any additional mortgage interest deduction you may take by an amount equal to your mortgage tax credit claimed. ELIGIBLE BORROWERS First -time Buyer Requirement: In general, borrowers seeking financing for the purchase of a residence must be first -time buyers or not have owned a principal residence in the past three years. As discussed further in this Guide, the first -time home buyer requirement does not apply to borrowers purchasing homes in Target Areas or obtaining a Qualified Home Improvement Loan or a Qualified Rehabilitation Loan. Maximum Income Limits: A borrower's current gross annual household income must not exceed the following limits: For Non - Target Areas $63,250 (family size of 3 or more) $55,000 (family size of less than 3) For Target Areas $77,000 (family size of 3 or more) $66,000 (family size of less than 3) Also, the adjusted gross annual household income on last year's tax return must be $77,000 or less. HOME PURCHASE PRICE LIMITATIONS For Non - Target Areas For Target Areas New or Existing Housing $237,031 $289,705 —129 - 1 ELIGIBLE PROPERTY General Information: New or existing owner- occupied, single family houses, townhouses, condominiums and manufactured housing in the City of Corpus Christi. Two to Four family residences may be eligible so long as the owner occupies at least one unit and generally the structure must be at least 5 years old. Manufactured Homes: Manufactured homes must have at least 400 square feet of living space, a minimum width of 102 inches, and be of a type which is customarily used at a fixed location. Recreational vehicles, campers and other such vehicles are ineligible. Financing Terms: The mortgage loan must be financed from sources other than tax- exempt mortgage bonds or veteran's tax- exempt revenue bonds. The mortgage may be a conventional, FHA or VA loan and will be at prevailing market rates. The interest payable under the loan must not be paid to a person who is related to the borrower. TARGET AREAS Areas Served: Twenty percent of the MCC funds are reserved for one year for borrowers purchasing residences in Target Areas in order to improve housing and economic conditions in lower- income neighborhoods. A Target Area is a census tract in which at least 70 percent of the families have incomes no higher than 80 percent of the statewide median or a census tract plagued by chronic economic problems. The Target Areas in Corpus Christi are census tracts 4, 5, 9, 10, 11, 12, 13, 15 and 56.02. Borrowers purchasing homes in Target Areas do not have to meet the requirement of being a "first -time home buyer." PROGRAM DESCRIPTION Assumability: The MCC can be transferred only upon issuance of a new certificate by the CCHFC. The per- son assuming your loan will have to qualify just as a new borrower would be required to qualify under the Program. Length ofBenefit: Each year, your mortgage tax credit will be calculated on the basis ofthe specified credit rate of the total interest you paid on your mortgage loan that year. The MCC will be in effect for the life of your mortgage loan, so long as the residence remains your principal residence. Recapture ofTax Credit Your Mortgage Credit Certificate will be subject to certain requirements imposed by federal law concemingthe recapture ofa portion ofthe mortgage tax credit benefits granted to you upon the sale ofyour Residence within 9 years from the date of purchase. In no event will the recapture tax exceed one -half of your taxable gain on the sale of your residence. QUALIFIED REHABILITATIONS AND HOME IMPROVEMENTS MCCs may also be used in connection with Qualified Home Improvement Loans not exceeding $15,000 or Qualified Rehabilitation Loans. The fust -time buyer requirement does not apply for either a Qualified Horne Improvement Loan or a Qualified Rehabilitation Loan. Qualified Home Improvement Loan: Home improvement loans cannot exceed $15,000 for alterations, repairs and improvements to an existing residence by its owner designed to substantiallyprotect or improve the basic livability or energy efficiency of the residence. Qualified Rehabilitation Loan: Rehabilitation financing is allowed for improvements to an existing residence by its owner when the following conditions have been met the residence must be at least 20 years old; 50 percent or more of the existing external walls of the residence must be retained in place as external walls; 75% or more of the —130— existing extemal walls of the residence must be retained as either internal or external walls; at least 75% of the existing intemal structural framework must be retained in place; and the expenditures incurred in the rehabilitation must be equal to at least 25% of the borrower's adjusted basis in the residence. APPLICATION INFORMATION Where to Apply: You may apply for an MCC in person at any participating lender. You may apply for an MCC through only one lending office. Any lender who has completed and filed a Lender Participation Agreement with the Program Administrator may participate in the Program. If your lender is not a participating Lender, have them contact the Program Administrator for a copy of the Lender Participation Agreement Lenders are not required to participate in this Program. How to Apply: At the time of MCC application, you will need to supply the Lender with general credit information such as account numbers for loans, credit cards, and bank accounts and a check for $75.00 for the MCC Commitment Fee. This fee is non - refundable. After you have made application, the Lender will forward your application to the Trustee. Upon receipt of a qualifying application, the Trustee will issue an MCC Commitment Letter which will reserve an MCC for three months for a loan for Existing Housing and six months for a loan forNewHousing or a Qualified Rehabilitation Loan. At loan closing and upon submission of the required Program documents in compliance with the guidelines and an MCC Issuance Fee of $175.00, the MCC will be issued directly to you. A simplified, one -step procedure is available for Qualified Home Improvement Loans upon the payment ofa single MCC Home Improvement Fee of $75.00. Extensions are allowed upon request and the submission of a $25.00 MCC Extension Fee. MCC's cannot be transferred from one lender to another. In the event you desire to change lenders, the MCC application and commitment will be revoked and the application process must start over with the new lender. FOR FURTHER INFORMATION Please direct any inquiries you may have about our Program to one ofthe participating Lenders. Ifyou are not able to obtain sufficient information in this manner, you may telephone us at (361) 880 -3862. Information Guides also are available through the Lenders. This Guide is a general summary of an extremely complex and technical program. Although we have attempted to ensure the accuracy of this Guide, it is subject to federal regulations, the Program documents, and to change without notice. PARTICIPATING LENDERS [TO BE ADDED.] -1 - (Rev. 1/09) MEMORANDUM OF UNDERSTANDING BETWEEN THE CORPUS CHRISTI HOUSING FINANCE CORPORATION AND NRP HOLDINGS LLC COSTA TARRAGONA I I This Memorandum of Understanding (the "MOU ") is between The Corpus Christi Housing Finance Corporation ( "CCHFC "), a Texas housing finance corporation, and NRP Holdings LLC ( "NRP "), an Ohio limited liability company, and is dated effective as of January , 2009. NRP is a developer of affordable housing in the State of Texas. CCHFC is a Texas housing finance corporation whose mission is to provide safe, decent and sanitary housing for low -to- moderate indome persons. NRP and CCHFC already have completed Costa Tarragona I and hereby agree to work cooperatively to develop affordable housing at the following location, in accordance with the terms of this MOU: Costa Tarragona II, being a 96 -unit multifamily development to be located adjacent to Costa Tarragona I at the southeast corner of the intersection of North Padre Island Drive and Interstate Highway 37 in Corpus Christi, Texas (the "Project "). In order to accomplish this purpose, the parties agree as follows: AGREEMENTS: A. Liability and Hold Harmless Agreements. 1. All parties agree that there shall be absolutely nothing in this MOU or any other agreement concerning this property that will give rise to a charge against the general credit or taxing powers of the City of Corpus Christi nor shall this MOU be anything other than a limited obligation of the CCHFC, limited solely to the CCHFC's interest in the Project. 2. NRP intends to apply for HOME funds from the City of Corpus Christi and it is anticipated that the City's standard HOME funds contract will be executed by the NRP. The contract shall become a covenant running with the land. The parties acknowledge that the approval of any HOME funds for the Project is subject to compliance with all terms of the request for proposals solicited by the City of Corpus Christi and the award of funds by the City Council. Nothing herein shall create an obligation of the City to award any HOME funds for the Project. 3. NRP will put in place or cause to be put in place guarantees, sureties or other agreements acceptable to the CCHFC to hold the CCHFC and/or its affiliate harmless with regard to —132— any liability arising from the project in any amount in excess of the interests the CCHFC or its affiliate has in the project. B. Ownership Structure. 1. Costa Tarragona II, Ltd. (the "Partnership ") will be formed for the purpose of owning the Project. A single - purpose entity that is an affiliate of CCHFC will be admitted into the Partnership as the sole general partner (the "General Partner "). 2. NRP may designate an affiliate to serve as a special limited partner of the Partnership (the "Class B LP "), with certain oversight and approval rights. 3. The duties, oversight and approval rights of the General Partner and the Class B LP shall be set forth in a limited partnership agreement (the "Partnership Agreement ") to be entered into among the General Partner, the Class B LP, and an equity investor, as the limited partner. The General Partner shall have the right to approve the Partnership Agreement at is sole discretion. 4. Title to the land for the Project shall be taken in CCHFC, and CCHFC shall then enter into a long -term Ground Lease for a period of two years longer than the term of the mortgage loan, with the Partnership as tenant with an interest in the improvements that constitute the Project. Funding for the acquisition of the land will come from the financing of the Project, and shall be paid to CCHFC in the form of an up -front Ground Lease payment. Upon termination of the Ground Lease, ownership of the improvements constituting the Project shall revert to CCHFC. The terms and provisions of the Ground Lease will be negotiated between NRP and the CCHFC. C. Due Diligence As a condition to CCHFC's participation with the Project, CCHFC requires NRP to provide due diligence information on the Project and its proposed financing and operations. NRP shall deliver the due diligence items on a checklist (the "Checklist ") at the times indicated on the Checklist. D. Financing. 1. The Partnership will apply for approximately $1,388,691 in low income housing tax credits ( "Tax Credits ") from the Texas Department of Housing and Community Affairs ( "TDHCA "). The parties anticipate that an affiliate of a to- be- determined equity provider (the "Investor LP ") will provide equity financing for the Project (the "Equity ") in return for an allocation of the Tax Credits. CCHFC shall have the right to review and approve the financing arrangements and the terms and conditions of any Equity financing documents. The Equity financing documents are expected to include the Partnership Agreement. The Class B LP shall prepare, and CCHFC shall review, each draw request submitted to the Investor LP for Equity. 2. Additional funding of $925,000 will be applied from the City of Corpus Christi HOME Fund Program or other eligible sources. CCHFC shall have the right to review and approve —133 — all financing arrangements and terms and conditions of any loan documents in its sole discretion. The loan documents shall be amended to accommodate the Ground Lease described above and any other revisions requested by CCHFC or as may be appropriate to implement the terms of this MOU. NRP shall be responsible for applying for all interim and permanent financing for the Partnership. CCHFC shall have the right to review and approve the identity of the permanent lender and the terms of all financing arrangements in its sole discretion. A commitment for permanent financing acceptable to CCHFC shall be in place prior to Closing (as hereinafter defined.) 3. CCHFC shall provide any guarantees of construction completion, operating expenses, Tax Credit delivery, and the like that maybe required in conjunction with any loan financing, the Equity financing, or the recitals above. E. Design and Construction. 1. NRP shall provide comprehensive development services to the Partnership pursuant to a Development Agreement to be entered into by the Partnership and NRP. The General Partner shall have the right of approval of the Development Agreement in its sole discretion. 2. NRP has provided CCHFC a detailed development budget for the Project and shall provide a detailed final development budget that is in conformance with the MOU. 3. NRP shall be responsible for obtaining the services of design professionals for the design of the site plan and design of the project. CCHFC will be provided copies of the final plans and specifications for the Project, including all construction contracts. 4. In order to secure an exemption from state sales tax for the acquisition of building materials, CCHFC shall serve as the general contractor and enter into a master subcontractor agreement with the Partnership. The master subcontractor will be an affiliate of NRP and shall provide such guarantees, sureties or agreements acceptable to the CCHFC to hold the CCHFC and its affiliate harmless from any cause of action during construction. Notwithstanding anything herein to the contrary, NRP has the sole responsibility for securing such sales tax exemption, however, the CCHFC will make a good faith effort to satisfy reasonable requests from NRP in connection with securing such sales tax exemption. 5. NRP shall be responsible for obtaining all governmental approvals and permits needed in order to construct and operate the Project. 6. CCHFC shall guarantee to the Partnership, the Investor LP and any lender, delivery of the Project on time and within the approved budget (as it may be amended or revised from time to time with appropriate approvals). CCHFC or its affiliate shall have the right to review and approve any material change orders or any material changes in the scope of work or plans and specifications during construction. 7. The Project shall be constructed so as to comply with ADA and Section 504 requirements, as applicable under federal and state law. —134— F. Management and Operation. NRP Management, LLC or such other NRP- designated affiliate shall serve as the property manager ( "Manager ") for the Project. G. Social Services. So long as Manager is the property manager for the Project, Manager shall be responsible for coordinating, providing and monitoring social services for the residents of the Project during the Tax Credit compliance period within the budget available in the operating budget for the Project. CCHFC shall have the right to review and approve the social services plan. H. Community Support. NRP shall be responsible for interfacing with the local governmental officials in connection with support for the Project. The parties will consult with each other and coordinate the response to any media inquiries and/or public opposition to the Project that may arise. I. Tax Exemption. The ownership structure contemplated herein is expected to generate ad valorem tax exemption for the Project. CCHFC, on behalf of the Partnership, shall work with the applicable appraisal district to obtain confirmation of the availability of such exemption. Nevertheless, the Partnership shall agree to make payments in lieu of taxes to the appropriate taxing jurisdiction at a level negotiated by the CCHFC and NRP based upon the availability of funds in the final operating budget for the Project. J. Fees and Expenses. 1. As consideration for the development services to the Partnership in connection with the construction of the Project, the Partnership shall in accordance with the Partnership Agreement, pay a fee (the "Developer Fee ") of up to $1,548,000 or such maximum amount as may be permitted by all applicable laws, rules and regulations including those of lender, which Developer Fee shall include any of such Developer's overhead charged to the Project. If the Project is financed through 9% Tax Credits, the CCHFC will be the "Developer" (as such term is defined in the QAP) and will receive 80% of the Developer Fee available for such Project. NRP will be the Development Consultant (as such term is defined in TDHCA's 2009 Qualified Allocation Plan (the "QAP ")) and receive 20% of the Developer Fee available for such Project. The parties acknowledge that, pursuant to Section 49.6(d) of the QAP, NRP may not serve as Developer of 9% Tax Credit projects receiving an allocation of Tax Credits of more than $2 million in the aggregate in the 2009 application round (the "Credit Cap "). If, following the allocation of Tax Credits through direct award on or before July 31, 2009 or through forward allocation by December 31, 2009, NRP has not exceeded the current or any legislatively initiated increased Credit Cap, CCHFC agrees to request TDHCA's consent to increase NRP's share of the Developer Fee for the Project to 70% and to decrease CCHFC's share of B..,MI Cl1 L] —135 - e the Developer Fee to 30 %. Upon receipt of such consent, the parties will proceed with such Developer Fee structure. 2. The General Partner and the Class B LP each shall be entitled to a Partnership Management Fee in the amount of $5,000 per year, payable from the Partnership's net cash flow, as provided in the Partnership Agreement 3. The General Partner may be entitled to receive other fees or priority distributions for its services in such capacity. Such amounts shall be payable from the Partnership's net cash flow, solely after payment of Developer Fee in full. The General Partner shall share 50% of any amount so received with the Class B LP. 4. After payment of the Developer Fee, the General Partner's fee, if any, and any other priority net cash flow payments established in the Partnership Agreement, the General Partner and the Class B LP shall split any remaining net cash flow distribution to them on a 50/50 basis. 5. Neither party shall enter into any contractual relationship or agreement relating to the Project that would cause either financial or legal liability to the other, without the other party's prior written consent. K. Long Term Ownership. At the end of the 15 -year Tax Credit compliance period, the General Partner, CCHFC, or their designated affiliate shall have a right of first refusal to acquire the Project. In addition, at the end of the 15 -year Tax Credit compliance period, the General Partner shall have an option to acquire the interests of the Investor LP and the Class B LP. The purchase price for the right of first refusal or the option shall be fair market value, based on an appraisal performed by an appraiser mutually agreed to by the General and Class B LP Partners. The parties agree that any sale or refinancing proceeds shall be split between CCHFC and the Class B LP on a 50/50 basis. L. Miscellaneous. 1. This MOU reflects the entire understanding between the parties and may only be amended by CCHFC or NRP in writing, signed by both parties. 2. Each party hereto is prohibited from assigning any of its interests, benefits or responsibilities hereunder to any third party or related third party, without the prior written consent of the other party, such consent not to be unreasonably withheld. 3. CCHFC's execution of this MOU is subject to approval by CCHFC's Board of Directors. 4. The parties agree to execute such documents and do such things as may be necessary or appropriate to facilitate the development of the Project and the consummation of their agreement herein. —136— 5. This MOU may be executed in several counterparts, each of which shall be deemed to be an original copy and all of which together shall constitute one agreement binding on all parties hereto, notwithstanding that all the parties shall not have signed the same counterpart. 6. THIS MOU SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF TEXAS, EXCLUSIVE OF CONFLICT OF LAWS PRINCIPLES. 7. In case any one or more of the provisions contained in this MOU for any reason are held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision hereof, and this MOU will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 8. The parties hereto submit exclusively to the jurisdiction of the state and federal courts of Nueces County, Texas, and venue for any cause of action arising hereunder shall lie exclusively in the state and federal courts of Nueces County, Texas. 9. Should any part employ an attorney or attorneys to enforce any of the provisions hereof, to protect its interest in any manner arising under this MOU, or to recover damages for the breach of this MOU, the non - prevailing party in any action pursued in courts of competent jurisdiction (the finality of which is not legally contested agrees to pay to the prevailing party all reasonable costs, damages and expenses, including specifically, but without implied limitation, attorneys' fees, expended or incurred by the prevailing party in connection therewith. The liability of the CCHFC and/or its designated affiliate is strictly limited to its interests in the Project under the terms of this MOU. 10. The subject headings contained in this MOU are for reference purposes only and do not affect in any way the meaning or interpretation hereof. 11. This MOU shall continue until terminated upon the occurrence of one of the following conditions: (i) CCHFC and NRP sign a mutual consent to terminate this Agreement; (ii) The transactions contemplated hereby are not closed by December 31, 2009; (iii) The terms of the Loan and Equity financing (including the permanent loan commitment) for the Project are unacceptable to CCHFC, in its sole discretion, and CCHFC provides NRP notice of such fact and a 30 -day opportunity to provide financing terms that are acceptable to CCHFC and NRP; herein; (iv) Unless otherwise waived, NRP fails to deliver Checklist items as required —137— c (v) Either party breaches its obligations under this MOU, the non - binding party provides the breaching party notice of such fact and a 15 -day opportunity to cure, and the breaching party fails to do so; or (vi) Either party files for bankruptcy protection, makes an assignment for the benefit of creditors, has a receiver appointed as to its assets or generally becomes insolvent. Upon termination of this MOU for any of the reason cited above, neither party shall have any ongoing obligation to the other with respect to this MOU and the Project. In addition, the provisions of this MOU with respect to the Project will be terminated and suspended when the General Partner is admitted to the Partnership Agreement and CCHFC and NRP and their affiliates, as applicable, enter into definitive agreements with respect to the governance of the Partnership and the development, construction, financing, and operation of the Project as contemplated herein. All parties acknowledge that the various terms and provisions in this MOU shall be incorporate into the Partnership Agreement and the other definitive agreements. 12. The parties acknowledge that the CCHFC and the General Partner will be represented in this transaction by Wood, Boykin & Wolter, P.C. ( "CCHFC Counsel') and the Partnership will be represented in this transaction by separate counsel agreed upon by the parties ( "Partnership Counsel "). All costs of CCHFC Counsel and Partnership Counsel will be considered costs of the Project and paid as provided herein. NRP, the Class B LP, and their affiliates will be represented by separate counsel and will not be entitled to rely on Partnership Counsel for representation in this matter. EXECUTED to be effective as of the date above shown. CORPUS CHRISTI HOUSING FINANCE . CORPORATION By: Name: Title: NRP HOLDINGS LLC By: —138— Name: Title: MMMIPF %IOW City of Corpus Christi -140-