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HomeMy WebLinkAboutAgenda Packet City Council - 09/22/20091■11111014.11011110110111011 11:45 A. M. - Proclamation declaring the week of September 21 — 25, 2009 as "Fall Prevention Week" Proclamation declaring the month of September 2009 as "National Senior Center Month" Commendation Certificate: Miss Neola Ortiz AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 SEPTEMBER 22, 2009 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Pastor Kevin Jennings, Mt. Olive Lutheran Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem John Marez Council Members: Chris N. Adler City Manager Angel R. Escobar Brent Chesney City Attorney Mary Kay Fischer Larry Elizondo, Sr. City Secretary Armando Chapa Kevin Kieschnick Priscilla Leal Nelda Martinez Mark Scott Agenda Regular Council Meeting September 22, 2009 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of September 15, 2009. (Attachment # 1) F. 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. 2. Executive session under Section 551.072 of the Texas Government Code regarding Landry's Seafood and Steakhouse Corpus Christi, Inc. lease of real property in the Corpus Christi Marina, with possible discussion and action in open session. 3. Executive session under Section 551.072 and Section 551.087 of the Texas Government Code for deliberations regarding the lease of real property and for deliberations regarding the offer of a financial or other incentive to a business prospect relating to Memorial Coliseum with possible discussion and action related in open session. G. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 4) 4. Water Resources Advisory Committee H. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. Agenda Regular Council Meeting September 22, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: 5. (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) a. Motion approving the lease /purchase of two (2) side loading refuse trucks and three (3) rear loading refuse trucks from Rush Truck Center of Texas, LP, of Houston, Texas in the amount of $1,314,566. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). All units are replacements to the fleet and will be used by the Solid Waste Department. Financing for the refuse trucks will be provided through the City's lease- purchase financing program. (Attachment # 5) b. Motion approving the lease /purchase of one (1) mini side loading refuse truck from Santex Truck Center, of San Antonio, Texas in the amount of $110,037. The award is based on the Cooperative Purchasing Agreement with Houston - Galveston Area Council (H -GAC). The unit is a replacement to the fleet and will be used by the Solid Waste Department. Financing for the refuse trucks will be provided through the City's lease- purchase financing program. (Attachment # 5) Grand Total: (a) & (b): $1,424,603 Agenda Regular Council Meeting September 22, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6. Motion approving the lease purchase of two (2) ambulances from San Antonio Ambulance Sales, Inc., of San Antonio, Texas for a total amount of $241,000. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The ambulances will be used by the Fire Department. These units are replacements to the fleet. Financing will be provided through the City's lease - purchase financing program. (Attachment # 6) 7. Motion approving the lease purchase of one (1) 1500 GPM pumper fire truck from Siddons Fire Apparatus, of Manor, Texas for the total amount of $425,000. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). The unit is a replacement to the fleet. Financing for the pumper fire truck will be provided through the City's lease- purchase financing program. (Attachment # 7) 8. 9. a. Motion authorizing the City Manager or his designee to accept funding in the amount of $1,032 from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Department. (Attachment # 8) b. Ordinance appropriating $1,032 in the General Fund No. 1020 from a grant from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Department; changing the FY 2009 -2010 Operating_Budget adopted by Ordinance No. 028252 by increasing revenues and expenditures in the General Fund No. 1020 by $1,032 each. (Attachment # 8) a. Motion authorizing the City Manager, or his designee, to execute a contract with the Texas Department of Family and Protective Services for funding in the amount of $503,500 from the Community Youth Development Program for the 78415 Zip Code for projects as recommended by the Community Youth Development Steering Committee for Fiscal Year 2009— 2010, Contract Period September 1, 2009 through August 31, 2010. (Attachment# 9) Agenda Regular Council Meeting September 22, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Ordinance appropriating $503,500 from the Texas Department of Family and Protective Services in the No. 1060 Community Youth Development fund to fund the Community Youth Development Program in the 78415 Zip Code for Fiscal Year 2009 -2010, contract period September 1, 2009- August 31, 2010. (Attachment # 9) 10. Ordinance appropriating $14,695 in the Packery Channel CIP Fund No. 3277 from revenue received from Texas Parks and Wildlife Department and the Coastal Bend Bays and Estuaries Program, Inc. for reimbursement of repairs to the property at Billing's Bait Stand and Clem's Marina Boat Ramp; changing FY 2008 -2009 Capital Budget adopted by Ordinance 028006 to increase appropriations by $14,965. (Attachment # 10) 11. First Reading Ordinance - Authorizing the City Manager, or his designee, to execute an amendment to the Use Agreement with the South Texas Botanical Gardens & Nature Center for the use of an additional 3.66 acres of land out of the Botanical Gardens Park Unit 4 Subdivision, located north and adjacent to the South Staples Street (Farm to Market Highway 2444) public right of way; to facilitate expansion of the center; and providing for publication. (Attachment # 11) 12. Motion approving the purchase of Intergraph I /CAD and I /Mobile upgrade services from Intergraph Corporation Security, Government and Infrastructure of Madison, Alabama in the amount of $94,181.77, including software, training and professional services, to improve the Police Department mobile and field reporting capability. Intergraph Corporation is a State of Texas GoDirect Vendor. (Attachment # 12) 13. Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School District for the Foy H. Moody Science and Health Center Business & Professional Academy's Criminal Justice Internship Program. (Attachment # 13) 14. Motion authorizing the City Manager, or his designee, to execute a construction contract with Pesado Construction of Schertz, Texas, in the amount of $375,650 for the Existing Broadway Plant Requirements for the total base bid. (Attachment # 14) Agenda Regular Council Meeting September 22, 2009 Page 6 15. 16. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Motion authorizing the City Manager, or his designee, to execute a contract with the Conrad Blucher Institute, Texas A &M University— Corpus Christi not to exceed $81,505 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2009 -2010. (Attachment # 15) b. Motion authorizing the City Manager, or his designee, to execute a contract with the Harte Research Institute, Texas A &M University— Corpus Christi not to exceed $55,000 for Biological Monitoring associated with the Rincon Bayou Diversion Project 2009 -2010. (Attachment # 15) c. Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $75,000 for biological monitoring services associated with the Rincon Bayou Diversion Project 2009 -2010. (Attachment # 15) a. Motion authorizing the City Manager or his designee to execute a Bridge Participation Agreement with Braselton Land Ventures, Inc., Developer of Rancho Las Brisas Unit 2, in the amount of $45,905.82 for future construction of a bridge over Ditch 31 for the extension of Fred's Folly Drive of which the City will participate in an amount not to exceed $263,193.38. (Attachment # 16) b. Ordinance accepting a payment in the amount of $45,905.82 from Braselton Land Ventures, Inc. of Corpus Christi, Texas and deposit the funds into an interest bearing account in the No. 4730 Infrastructure Fund for the developers share of future construction of a bridge over Ditch 31 for the extension of Fred's Folly Drive. (Attachment # 16) 17. Motion authorizing the City Manager or his designee to execute a Street Participation Agreement with Braselton Land Ventures, Inc., Developer of Rancho Las Brisas Unit 2, in the amount of $19,710.21 for the City's portion of the cost for Sydney Street and Los Rancheros Drive for construction of pavement adjacent to a park. (Attachment # 17) Agenda Regular Council Meeting September 22, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 18. First Reading Ordinance - Amending Chapter 14 "Development Services," Article XIII, "Development Service Fees ", Division 4, "Platting Ordinance Fees ", Section 14 -1341, Platting ordinance fees ", and Chapter 55, "Utilities ", Article V, "Taps and Connections ", Section 55 -70, "Adoption of rules, regulations and water and gas fees ", and Section 55 -71, "Sewer tapping fees ", of the Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting Fees and Tap Fees. (Attachment # 18) 19. Second Reading Ordinance - Abandoning and vacating a 9,955.05- square foot portion of dedicated public right -of -way (Ocean Drive), located north of the Alta Plaza Drive public right - of -way and west of the current Ocean Drive public right -of -way, subject to compliance with the specified conditions. (First Reading — 9/08/09) (Attachment # 19) J. PUBLIC HEARINGS: ZONING CASES: 20. Case No. 0809 -04, Guillermo A. (Willie) Esparza: A change of zoning from an "A -1" Apartment House District to a "B -1" Neighborhood Business District on property described as South Park, Block 2, generally located on the north side of South Padre Island Drive, approximately 2,331 feet northwest of Weber Road, at Anthony Street. (Attachment # 20) Planning Commission and Staffs Recommendation: Approval of the "B -1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Guillermo A. (Willie) Esparza, by changing the Zoning Map in reference to South Park, Block 2, Lot 2, from "A -1" Apartment House District to "B -1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. 21. Case No. 0809 -05, Double T &C Properties, Inc.: A change of zoning from an "AB" Professional Office District to a "B -4" General Business District on property described as 4.163 acres out of Lot 3, King Square Addition. (Attachment # 21) (POSTPONED UNTIL OCTOBER 13, 2009) Agenda Regular Council Meeting September 22, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 22. Motion confirming the City Manager's appointment of Troy Riggs as Police Chief. (Attachment # 22) 23. a. Motion authorizing the City Manager, or his designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $2,733,748.55 for Street Overlays Group 1 for the Total Base Bid. (BOND ISSUE 2008) (Attachment # 23) b. Motion authorizing the City Manager or his designee to execute a construction contract with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $1,586,683.75 for Street Overlays Group 2 for the Total Base Bid. (BOND ISSUE 2008) (Attachment # 23) 24. Ordinance amending the Code of Ordinances Chapter 53, Article V. Operation of Vehicles, Division 1, by adding Section 53 -109 Operation of Golf Cart; Affirmative defense, Culpable mental state not required; providing for penalties; providing for publication. (Attachment # 24) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 25. Update from the Complete Count Committee on the 2010 Census (Attachment # 25) 26. City's Americans with Disabilities Act (ADA) Title II Transition Plan and Non - Discrimination Ordinance 2009 Annual Update (Attachment # 26) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 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 FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A Agenda Regular Council Meeting September 22, 2009 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. N. CITY MANAGER'S COMMENTS: 1) Update on meeting date and time for North Padre Island Development Corporation and Tax Increment Reinvestment Zone (TIRZ) No. 2. 2) Discuss scheduling of workshop regarding Zero -Based Budgeting and Fiscal Year change. O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ‘: 00 p.m., on September 17, 2009. Armando Chapa City Secretary Agenda Regular Council Meeting September 22, 2009 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2009 -2011 $ M'i' CCTM D Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy 1 PRESENT Mayor Joe Adame Mayor Pro Tem John Marez Council Members: Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal Nelda Martinez Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 15, 2009 - 12:00 p.m. City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Henry Williams with the Corpus Christi Christian Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member Priscilla Leal. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of September 8, 2009. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * Mayor Adame announced the executive sessions, which were listed on the agenda as follows. Mayor Adame also announced that he and Council Member Brent Chesney would not be attending the closed session or participating in the discussions related to Item 3.1. 2. Executive session under Texas Government Code, Section 551.072 of the Texas Open Meetings Act to deliberate the purchase, exchange, lease or value of real property. 3. Executive session under Texas Government Code, Section 551.071 regarding Bryan Smith vs. City of Corpus Christi, Texas, Angel Escobar, in his capacity as City Manager; Cause No 09- 1530 -E; in the 148th Judicial District Court, Nueces County, Texas, with possible discussion and action in open session. 3.1. Executive session under Section 551.072, Section 551.072 and Section 551.087 of the Texas Government Code for legal advice, deliberations regarding the lease of real property, and deliberations regarding the offer of a financial or other incentive to a business prospect to Memorial Coliseum with possible discussion and action related in open session The Council went into executive session. The Council returned from executive session. * * * * * * * * * ** Minutes — Regular Council Meeting September 15, 2009 — Page 2 Mayor Adame referred to Item No. 13 regarding a presentaticn on Governmental Accounting Standards Board Report. Mr. Oscar Martinez, Assistant City Manager introduced Mr. Gary Monnin, President of G.P. Monnin Consulting and also stated that Mr.John Shepherd, Independent Auditor is in the audience to answer questions. Mr. Monnin stated that his goal is to provide the Council with a common understanding of the issues. He explained the following: social security on a "pay as you go" basis; post retirement health benefits; "pay as you go and blended rates "; provided examples under the current concept versus the GASB principle; ways to fund post retirement benefits; the GASB requirements of setting up two funds: 1) retirees, and 2) partial fund for active employees; GASB allows 30 years to build the fund; displayed the three approaches - differences between pay as you go, pay as you go with recorded liability, and funding utilizing an irrevocable trust; responsibility of the $65 million shortfall; amortization of the accrued liability; generational equity issue to pay for past under funding; cost that an active employee would pay for the past; fund reserve policy and what other entities have done with excess funds. In response to a question by Council Member Chesney, Mr. Monnin stated that he would not recommend creating a fund, but rather take the recording of the liability approach and create the fund later. Council Member Chesney then asked how to fund the liability approach, and Mr. Monnin responded by either raising taxes or reducing benefits. Council Member Marez stated that retirees are not getting the benefits that they should have. In response to a question regarding insurance for city retirees, Cynthia Garcia, Director of Human Resources stated that they are still working on the issue and that they will have a recommendation within a month. The following topics were discussed: insurance benefits for retirees; how does this affects the collective bargaining process; excess fund to fund the subsidy; whether the city should fund the trust or record the liability; what other cities are doing; whether the city has met with police officers and firefighters; what portion the city pays for employee insurance premiums; whether there is a separate fund and how much money is in the reserve fund; whether there is a separate fund for police and fire claims; inclusive of police and fire; and how we calculate the liability to be incurred. * * * * * * * * ** Mayor Adame called for petitions from the audience. Joan Veith, 5701 Cain, thanked city staff for resolving her gas bill; David Conoly, spoke in opposition to Zoning Case No. 0709 -02 on the days agenda; Jeff Fonseca, 1822 Kern Drive, spoke about budget issues, city code matters; mowing contracts awarded by city; Unidentified Citizen, thanked the city on the hiring of new city police chief, concerned about budget cuts at the police department and retiree insurance premiums; Bud Harris, 320 Cole, spoke regarding the potential jobs that Las Brisas Plant will bring to the area; Janie Bell, American Diabetes Association invited the council to the "Dancing through Downtown" event scheduled for October 10, 2009; Claudia Jackson, spoke in support of Item No. 12 on the days agenda; Wilson Wakefield, 6026 Killarmet, spoke regarding environmental issues; John Kelley, spoke on the re- development for Memorial Coliseum; Foster Edward, President & CEO, Chamber of Commerce, spoke regarding the Governor's State of the State Address scheduled for September 23, 2009. Mr. Edwards also announced that the Karl Eschbach, State Demographer will be in Corpus Christi on October 14, 2009 to discuss growth and population shifts; Mike Staff, CCPOA President, 3122 Leopard, thanked the city on the hiring of the new Police Chief and complimented the process for the selection. He also spoke regarding GASB45; Guy Watts, 4237 Ocean Drive, spoke regarding the Bond 2004 package, bayfron '-2raster plan, public green space, and the re- Minutes — Regular Council Meeting September 15, 2009 — Page 3 development of the Memorial Coliseum; Abel Alonzo. 1701 Thames, spoke regarding Las Brisas Plant and the contract awarded :o Brass Reai Estate for the re- development of Memorial Coliseum. The council went into executive session. The council returned from executive session and the following motion passed with the following vote: 3. MOTION NO. 2009 -258 Motion authorizing the City Manager to settle Cause No. 09- 1530 -E, Bryan Smith vs. City of Corpus Christi et al, for the sum of $125,777.84, as per the agreed upon settlement terms, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye ". Mayor Adame referred to Item No. 9, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0709 -02, Shrub Oak, LLC: A change of zoning from "RE" Residential Estate District to an "1 -2" Light Industrial District on property described as 6.514 acres out of Lot 1, Section 50, Flour Bluff and Encinal Farm and Garden Tracts, Volume A, Pages 41 — 43, Map Records, Nueces County, Texas, generally located approximately 700 feet south of Glenoak Road, on the east side of Flour Bluff Drive, west of Waldron Road and north of Caribbean Drive. City Secretary Chapa stated that the Planning Commission and staff recommended denial of the "1 -2" and in lieu thereof approval of a "B -3" with a special permit for outdoor storage, subject to a site plan and five conditions. Faryce Goode - Macon, Interim Director of Development Services provided an overview of the subject property and change of zoning and stated that the 20% rule was in effect. The following topics to this item were discussed: proposed rezoning of the subject property to a commercial use is not consistent with the Flour Bluff Area Development Plan; proximity to the Naval Air Station; probability of a safety issue; concerns that no wastewater line exists along the property line and that the closest connection point is approximately 2,500 feet north of Flour Bluff Drive; that no stormwater lines exist; and that infrastructure does not support this zoning request; Bryan Johnson, Applicant, 801 Lipan, spoke about the development planned for this area. Kim Seger, 205 Chandler, spoke in opposition to the re- zoning and that the infrastructure does not support this zoning; Lynda Sutherland, 3834 Flour Bluff Drive, spoke in opposition of the re- zoning and asked that the keep the integrity of the current neighborhood demographics which is residential. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Scott and passed. Mr. Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting September 15, 2009 — Page 4 9. FAILED zoning map in Fe - • - 4o-6,514 acres out sf Lot 1, Section 50, Fleur Bluff & Encinal F-a An emergency was declared, and the foregoing ordinance failed with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "No "; Adame "Absent ". Mayor Pro Tem Marez referred to Item No. 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0809 -06, HEB Grocery Company, LP A change of zoning from an "R-1B" One - family Dwelling District to an "A -2" Apartment House District on property described as 21.461 acres out of Lots 19 and 20, Section 11, Flour Bluff & Encinal Farm & Garden Tracts located approximately 1,350 feet southeast of South Staples Street. City Secretary Chapa stated that the Planning Commission and staff recommended denial of the "R-1B" and in lieu thereof approval of an "A -1 ". No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 028309 Amending the Zoning Ordinance upon'application by HEB Grocery Company, LP by changing the zoning map in reference to 21.461 acres out of Lots 19 and 20, Section 11, Flour Bluff & Encinal Farm & Garden Tracts, from "R -1 B" One- family Dwelling District to "A -1" Apartment House District; amending the comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance passed with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye "; Adame "absent ". * * * * * * * * ** Mayor Pro Tem Marez referred to board and committee appointments. Mr. Chapa explained that appointments need to be made to the North Padre Island Development Corporation and the Tax Increment Reinvestment Zone No. 2. He stated that a meeting of these corporations will occur in about one to two weeks pertaining to actions that need to occur. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting September 15, 2009 — Page 5 4.a. MOTION NO.. 2009 -260 Motion removing Henry Garrett, Melody Cooper, Mike Hummed, Michael McCutchon, and George Nee from the Board of Directors of the North Padre Island Development Corporation and declaring their offices as vacant. The foregoing motion was passed and approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye "; Adame "Absent ". 4.b. MOTION NO. 2009 -261 Motion appointing Joe Adame, Chris N. Adler, Brent Chesney, Kevin Kieschnick, and Mark Scott as members of the Board of Directors of the North Padre Island Development Corporation to fill the unexpired term of the director they are replacing. The foregoing motion was passed and approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye "; Adame "Absent ". Mr. Chapa explained the appointment of two additional members to the Tax Increment Reinvestment Zone No. 2. He added that there is no authority to remove the old council members from this board. Mr. Chapa polled the Council for their votes on a motion as follows: Motion appointing Council Members Mark Scott and Chris N. Adler to the Board of Directors of the Tax Increment Reinvestment Zone (TIRZ) No. 2. The foregoing motion was passed and approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye "; Adame "Absent ". A motion to reconsider the appointments to the TI RZ was made by Mr. Scott and seconded by Mr. Chesney and passed. A new motion was made as follows: 5. MOTION NO. 2009 -262 Motion appointing Mayor Joe Adame and Council Member Chris N. Adler to the Board of Directors of the Tax Increment Reinvestment Zone (TIRZ) No. 2. The foregoing motion was passed and approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye "; Adame "Absent ". * * * * * * * * * * ** Mayor Pro Tem Marez called for consideration of the consent agenda (Items 6 - 8). There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 6. ORDINANCE NO. 028308 Ordinance appropriating $15,144 of the Unreserved Fund balance in the General Fund No. 1020 for the payment to the Volunteer Center of the Coastal Bend for Municipal Court Community Service Program; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures in the General Fund No. 1020 by $15,144. -5- Minutes — Regular Council Meeting September 15, 2009 — Page 6 The foregoing ordinance was passed and approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye "; Adame "Absent ". 7 MOTION NO. 2009 -255 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Coym, Rehmet and Gutierrez Engineering, L.P. of Corpus Christi, Texas, in the amount of $1,070,830 for Bear Lane from Old Brownsville Road to South Padre Island Drive. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye "; Adame "Absent ". 8. MOTION NO. 2009 -256 Motion authorizing the City Manager, or his designee, to issue a permit for the temporary street closures of Hughes Street from Chaparral Street to Mesquite Street and Fitzgerald Street from Chaparral Street to Mesquite Street for the 49th Annual Texas Jazz Festival, starting on Friday, October 16, 2009 at 8:00 a.m. through Monday, October 19, 2009 at 8:00 a.m. pending the certificate of insurance to be submitted two weeks prior to the event and upon meeting the conditions and requirements for permit in Sec. 49 -17. The foregoing motion was passed and approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye "; Adame "Absent ". * * * * * * * * ** Mayor Pro Tem Marez opened discussion on Item 11, South Guth Ball Field Relocation. Mr. Anaya provided an overview of the South Guth Sports Field Relocation Project which provides for the relocation of 13 ball fields supporting the following leagues: National Little League, Oso Baseball and Oso Kickball; the project scope, project cost; the project schedule; enhancements for the acquisition of 2.25 acres of school district property; the Paul Jones and Holly extensions; and other improvements. The following topics were discussed: fast tracking of the project; acquisition the secondary access to Holly Road; extension of Paul Jones Road; lighting for the 13th ball field; coordination with the leagues; and 5 level bleachers. Mr. Escobar explained that they plan to identify the actual costs of additional items that need to occur; and the remaining funds from the costs saving from construction contract for this project, will look at purchasing the 2.25 acre tract from Corpus Christi Independent School District. Mayor Pro Tem Marez called for comments from the audience. Abel Alonzo, 1701 Thames, thanked the previous council for moving this project forward; and the park and recreation staff. City Secretary Chapa polled the Council for their votes as follows: 11. MOTION NO. 2009 -257 Motion authorizing the City Manager, or his designee, to execute a construction contract with Barcom Commercial, Inc., of Corpus Christi, Texas in the amount of $5,044,754 for the South Guth Ball Field Relocation to a tract located on Paul Jones Avenue, for the Base Bid, Additive Alternate No. 1, Additive Alternate No. 2, and Deductive Alternate No. 1. -6- Minutes — Regular Council Meeting September 15, 2009 — Page 7 The foregoing motion was passed and approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye "; Adame "Absent ". Mayor Pro Tem Marez opened discussion on Item 12, Interlocal Cooperation Agreement with Texas A &M University — Corpus Christi for Bold Future. Mr. Escobar, City Manager provided a brief overview of this contract. He added that he administratively extended the contract through the end of September 2009. The following topics were discussed: budget for this project; how funds were allocated for Phase I and Phase II. There was no public comment. City Secretary Chapa polled the Council for their votes as follows: 12. RESOLUTION NO. 028310 Resolution authorizing the City Manager or his designee to execute an amendment to the Interlocal Cooperation Agreement with Texas A &M University — Corpus Christi (TAMU -CC) for the community visioning project called Bold Future, to authorize TAMU -CC to utilize remaining funds previously provided by the City for Phase I and for Phase II in the amount of $56,767.98 for Bold Future Phase III. The foregoing resolution was passed and approved with the following vote: Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott voting "Aye "; Adame "Absent ". * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 5:40 p.m. on September 15, 2009. * * * * * * * * * * * ** 2 NO ATTACHMENT FOR THIS ITEM 3 NO ATTACHMENT FOR THIS ITEM a. WATER RESOURCES ADVISORY COMMITTEE — Four (4) vacancies with terms to 4 -1 -11 representing the following categories: 1- wholesale raw or treated water customer of the City's regional water supply system, 1- residential customer of the City's water system, 1 -large commercial customer of the City's water system, and 1- representative of a military facility. (Appointed by the Mayor with the approval 03 the Council) DUTIES: To advise the City Council, City Manager and Water Superintendent in matters of water resources management. The City Council, City Manager and Water Superintendent may refer matters to the committee to obtain their views. COMPOSITION: Nine (9) members appointed by the Mayor with the approval of the Council for two -year staggered terms. The members shall include 1 - residential customer (home owner) of the City's water system; 1 - large commercial customer of the City water system, 1 - wholesale raw or treated water customer of the City's regional water supply system, 1 - representative of the Port Industries of Corpus Christi, 1 - representative of a school district located within the city, 1- representative of a military facility, 1 - representative of landscaping/nursery/horticulture interest; 1 - representative of apartment owners associations and 1 - citizen at large. In addition, the Mayor may appoint one or two Council member(s) to serve as ex- officio member(s). ORIGINAL MEMBERS TERM APPTD. DATE * * ** *Carola Serrato (Wholesale Treated), Chair 4 -01 -09 2 -12 -02 *Jeff Edmonds (Residential Cust.) 4 -01 -09 3 -11 -08 *Michael Cox (Lg. Commercial) 4 -01 -09 3 -20 -07 Frank C. Brogan (Port Industries) 4 -01 -10 12 -12 -06 Mary K. Fant (School District) 4 -01 -10 12 -12 -06 *Mark Stroop (Military Facility) 4 -01 -09 3 -20 -07 Leland R. Johnson (Landscaping) 4 -01 -10 3 -20 -07 Tonya Hayden (Apt. Owners) 4 -01 -10 6 -17 -08 Ruth Blake (Citizen at Large) 4 -01 -10 12 -12 -06 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Jeff Edmonds (Res. Cust.) 3 Michael Cox (Lg. Comm.) 4 Mark Stroop (Military Facility) 4 NO. PRESENT 2 3 3 OTHER INDIVIDUALS EXPRESSING INTEREST Barry L. Brown Pablo Arturo Garza Patrick Geary Hubert Hall % OF ATTENDANCE LAST TERM YEAR 66% 75% 75% President, Corpus Christi Region, Kleberg First National Bank. United States Navy Reserve Officer- Captain. Received Bachelor's Degrees from Southeastern Louisiana University and Attended Law School at Louisiana State University. Activities include: Corpus Christi Mustangs, USO of South Texas, Navy League of United States Corpus Christi Council, Kiwanis Club of Corpus Christi, Texas A &M University of Corpus Christi College of Business Advisory Board, Navy Supply Corps Foundation and Naval Reserve Association. Veteran of Operation Iraqi Freedom, Operation Enduring Freedom and Operation Desert Shield/Desert Storm. (Residential Customer) (8- 26 -09) Project Engineer, Maverick Engineering, Inc. Received Bachelor of Science from Texas A &M University- Kingsville. Activities include: Special Olympics Texas and Youth Group at Our Lady of Perpetual Help Catholic Church. (Residential Customer) (4- 10 -09) Owner, Fiesta Insurance Corporation. Attended University of Houston. Who's Who Among American Small Business Owners. Member of Chamber of Commerce. (Residential Customer) (5- 18 -09) Retired, City of Corpus Christi Assistant Water Superintendent. Received BS from Indiana State. Attended General Motors Institute, Industrial Engineering and Illinois Central College. Activities include: Local Draft Board, Local Emergency Planning Committee, Corpus Christi Community Advisory Committee, Lyndell Bissel Community Action Panel, and Tuloso- Midway Intermediate School Kid's Hope USA. (Residential Customer) (8- 10 -09) -20- William Paul Hunt Robert Jacobi Ed Labay Jerry Lipstreu John Douglas McMullan Tala Meyer Keith Parker Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University - College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (Residential Customer) (6 -4 -09) Retired, Deputy Director of the Port of Corpus Christi. Received BS from United States Merchant Marine Academy, MS from University of Connecticut at Storrs, and MBA from University of Texas at Austin. Activities include: Volunteer at Driscoll Children's Hospital and Kids in the Neighborhood Head Start. (Residential Customer) (5- 21 -09) Vice President, AGCM, Inc. Received a BS in Building Construction from Texas A &M University- College Station. (Residential Customer) (4- 16 -09) Area Manager, Kleinfelder. Received B.A. from University of Texas at Austin. Activities include: West Corpus Christi Rotary and Port Aransas Boatmen. (Residential Customer) (4- 30 -09) Professional Engineer, Freese and Nichols, Inc. Received Bachelor Degree in Engineering. Activities include: American Society of Civil Engineers, Water Environment Federation, and St. Pius X School. (Residential Customer) (1- 21 -09) Financial Advisoryo, Edward Jones Investments. Received BBS from University of Wisconsin - Whitewater and Attended Graduate Classes in Communication at Arizona State University. Activities include: Coastal Bend American Red Cross Board Member. Graduate of Leadership Corpus Christi and Leadership Texas. Formerly Served on Boards of Ronald McDonald House, Casa D'Amor, Leadership Alumni, Literacy Council and Corpus Christi Credit Counseling. (Residential Customer) (8 -9 -09) Senior Mechanical Engineer, Bath Engineering/Noresco. Received BS in Mechanical Engineering. Activities include: ASHRAE and AEE. Serves on the CCCIC /Loan Review Committee. (Residential Customer) (4- 23 -09) Don Roach Robert S. Schmitchel Steve Trubatisky Mark Young Assistant Manager, San Patricio Municipal Water District. Attended Sam Houston State University. Activities include: American Water Works Association, Texas Water Utilities Association, and American Membrane Technology Association. (Wholesale Raw or Treated Customer) (7 -13- 09) President, ABC Irrigation, Inc. Activities include: American Backflow Prevention Association. Recognized in the Caller -Times "Leaders in Business" Section. (Residential Customer) (5- 13 -09) Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (Residential Customer) (2- 11 -09) Manager, Nueces County Water Control and Improvement District #4. Licensed Water Operator B and Licensed Wastewater Operator C. (Wholesale Raw or Treated Customer) (7 -2 -09) 5 Requested Council Action 09/22/09 Alternate Date 09/29/09 COUNCIL MEMORANDUM RECOMMENDATION: A) Motion approving the Lease /purchase of two (2) side loading refuse trucks and three (3) rear loading refuse trucks from Rush Truck Center of Texas, LP, Houston. Texas in the amount of $1,314,566. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). All units are replacements to the fleet and will be used by the Solid Waste Department. Financing for the refuse trucks will be provided through the City's lease - purchase financing program. B) Motion approving the lease /purchase of one (1) mini side loading refuse truck from Santex Truck Center, San Antonio, Texas in the amount of $110,037. The award is based on the Cooperative Purchasing Agreement with Houston Galveston Area Council (H -GAC). The unit is a replacement to the fleet and will be used by the Solid Waste Department. Financing for the refuse trucks will be provided through the City's lease - purchase financing program. Grand Total (A) & (B): $1,424,603.00 :*****:*********************************************** * * * * * * * * * * * * * * * * * * * * ** * * * * * * * ** Purpose: Basis of Award: Price Comparison: The side /rear loading refuse trucks will be used as part of the City -wide automated collection process. The mini side loading refuse truck will be used to pickup missed loads and reach areas not accessible to the larger refuse trucks. All units are replacements to the fleet. The two side loading refuse trucks will operate on compressed natural gas (CNG). The remaining three trucks will operate on diesel fuel. The refuse trucks will be purchased through the cooperative purchasing agreements with the TLGPC. TLGPC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. The mini side loading refuse truck will be 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. The City purchased a similar side loading refuse truck for the Solid Waste Department in FY 08 -09 with a unit price of $243,749. The current unit price is $318,289. The City also purchased a similar rear loading refuse truck for the Solid Waste Department in FY 08 -09 with a unit price of $191,830. The current unit price is $225,996. —25— Funding: Requested Council Action 09/22/09 Alternate Date 09/29/09 Lease Purchase - Side loading and rear loading refuse trucks The side loading & rear loading refuse trucks will be funded for a sixty - month period with an estimated interest rate of 3.9 %. The actual interest rate will be determined after the acceptance of the equipment. The estimated annual payment is $289,805.52. Total estimated cost over the five year period, including principal of $1,314,566 and interest of $134,462 is $1,449,028. Side /Rear Loading Refuse Truck Solid Waste Services 1020 - 12510 - 530190 FY 2009 -2010 (5 months) $120,752.30 Capital Outlay Item Nos. 15 & 16 Lease Purchase — Mini side loading refuse truck The mini side loading refuse truck will be funded for a sixty -month period with an estimated interest rate of 3.9 %. The actual interest rate will be determined after the acceptance of the equipment. The estimated annual payment is $24,258.48. Total estimated cost over the five year period, including principal of $110,037 and interest of $11,255.40, is $121,292.40. Mini -Side Loading Refuse Truck Solid Waste Services 1020 - 12510 - 530190 FY 2009 -2010 (5 months) Capital Outlay Item No. 17 Michael Barrera Assistant Director of Financial Services (361) 826 -3169 mikeb@cctexas.com $10,107.70 :(8)'8 (V) Ie401 Pueie 00.E09'I I ' b$ le�ol PJeMV 00'999't71.E'l$ EA Q 0 co 0 0 O CO -0 0 Q C C CI zmn,, o >50 Z, !7.1 Fri Oc '—<cf) m cn 0 mOZ- coz mo N • 0 N N O O O 6 Request Council Date: 09/22/09 Alternate Date: 09/29/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the lease purchase of two (2) ambulances from San Antonio Ambulance Sales, Inc., San Antonio, Texas for a total amount of $241,000. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The ambulances will be ased by the Fire Department. These units are replacements to the fleet. Financing will be provided through the City's lease /purchase financing program. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Basis of Award Funding: The ambulances will be used by the EMS Division of the Fire Department for emergency medical response services. Currently, the City operates nine frontline ambulances and five reserve units. These new units will replace two existing frontline ambulances which will be placed in reserve status. Two of the existing reserve units will be taken out of service and sold at public auction or transferred to another public agency. The vehicles will be purchased through the cooperative purchasing agreement with H -GAC. H -GAC acts as a purchasing agent for participating members through the Inter -local Cooperative Act and abides by all Texas statutes regarding competitive bidding requirements. The ambulances will be funded through the City's lease - purchase financing agreement for a sixty -month period. The estimated interest rate is 3.9 %. The actual interest rate will be determined after acceptance of the vehicles. The estimated annual payment is $53,130.12. Total estimated cost over the sixty -month period, including principal of $241,000 and interest of $24,650.60 is $265,650.60. General Fund — Fire - (6 months) FY 09 -10 530190 -1020 -35100 $26,565.06 Capital Outlay Item Nos. A -2 & A -3 Michael Ba rera Assistant Director of Financial Services 826 -3169 miheb(aLcctexas.com CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION BI- 0014 -09 BUYER: MARIA GARZA COUNCIL DATE: 9/22/09 ITEM DESCRIPTION QTY. UNIT San Antonio Ambulance Sales, Inc. San Antonio, Texas 1. 2009 Dodge 4500 Cummins Diesel 2 Each Unit Extended Price Price $120,500.00 $241,000.00 Award Total $241,000.00 7 Requested Council Action 09/22/09 Alternate Date 09/29/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the lease purchase of cne (1) 1500 GPM pumper fire truck from Siddons Fire Apparatus, Manor Texas for the total amount of $425,000. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative ( TLGPC). The unit is a replacement to the fleet. Financing for the pumper fire track will be provided through the City's lease - purchase financing program. ******************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *:fie * * * * * * ** Purpose: The pumper truck will be used by the Fire Department to respond to Fire suppression emergencies as well as first responders to medical calls. The City currently has twenty -eight fire fighting units in the fleet with twenty - two operating as front line units and six units placed in reserve status. The pumper truck will replace one of the front line units which will be placed in reserve status. The reserve unit will be taken out of service and sold at public auction or transferred to another public agency. Basis of Award: The pumper truck will be purchased through the cooperative purchasing agreements with the TLGPC. TLGPC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Price Comparison: The City purchased a similar pumper truck for the Fire Department in FY 08 -09 with a unit price of $399,973. The current unit price is $425,000. Funding: The pumper truck will be funded through the City's lease - purchase financing agreement for a sixty -month period. The estimated interest rate is 3.9 %. The actual interest rate will be determined after acceptance of the vehicles. The estimated annual payment is $93,694.32. Total estimated cost over the sixty -month period, including principal of $425,000.00 and interest of $43,471.60 is $468,471.60. The amount of funds shown above is the funds budgeted for lease payment for FY 2009 -2010. Funds will be requested by the using department for FY 2010 -2011 and all subsequent budget years during the normal budget process. Fire Department 530190- 1020 -12010 FY 2009 -2010 (4 months) $31,231.44 Capital Outlay Item No.: A -1 A.- A. Michael :an-era Assistant Director of Financial Services (361) 826 -3169 mikeb@cctexas.com -35- CITY OF CORPUS CHRISTI Price Sheet PURCHASING DIVISION BI- 0017 -10 SENIOR BUYER - GABRIEL MALDONADO FIRE PUMPER TRUCK COUNCIL DATE: SEPTEMBER 22, 2009 ITEM DESCRIPTION QTY. UNIT Siddons Fire Apparatus Manor, Texas Unit Extended Price Price 1. Pierce 4D X Roof Custom Contender Pumper w /six man cab, top control pump panel and 1500 GPM pump. 1 Vehicle $425,000.00 $425,000.00 Total $425,000.00 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 09/15/2009 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept funding in the amount of $1,032 from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Department. B. Ordinance appropriating $1,032 in the General Fund No. 1020 from a Grant from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Department; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing revenue and expenditures in the General Fund No. 1020 by $1,032 each; and declaring an emergency. ISSUE: The Police Department has received grant funds from Target that must be accepted and appropriated. BACKGROUND: The Police Department has been awarded a law enforcement grant from Target in the amount of $1,032 for the purchase of a laptop computer and related accessories to assist the Repeat Offender Program. The program focuses on the small number of offenders who are committing the vast majority of property related crimes. REQUIRED COUNCIL ACTION: Accept the grant and appropriate the funds. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. Zia ohn W. Moseley Acting Chief of Police 886 -2603 Attachments: ORDINANCE APPROPRIATING $1,032 IN THE GENERAL FUND NO. 1020 FROM A GRANT FROM TARGET FOR THE PURCHASE OF EQUIPMENT TO ASSIST THE REPEAT OFFENDER PROGRAM FOR THE POLICE DEPARTMENT; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 BY INCREASING REVENUE AND EXPENDITURES IN THE GENERAL FUND NO. 1020 BY $1,032 EACH; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,032 is appropriated in the General Fund No. 1020 from a Grant from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Department; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing revenue and expenditures in the General Fund No. 1020 by $1,032 each; and declaring an emergency. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of September 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form September 14, 2009 T. ' risha l ang Assistant City Attorney For City Attorney 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: 1 /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, Joe Adame, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 22, 2009 AGENDA ITEM: A. Motion authorizing the City Manager, or his designee, to execute a contract with the Texas Department of Family and Protective Services for funding in the amount of $503,500 from the Community Youth Development Program for the 78415 Zip Code for projects as recommended by the Community Youth Development Steering Committee for Fiscal Year 2009— 2010, Contract Period September 1, 2009 through August 31, 2010. B. Ordinance appropriating $503,500 from the Texas Department of Family and Protective Services in the NO. 1060 Community Youth Development fund to fund the Community Youth Development Program in the 78415 Zip Code for Fiscal Year 2009 -2010 contract period September 1, 2009- August 31, 2010 and declaring an emergency. ISSUE: The Texas Department of Family and Protective Services (DFPS) is continuing to fund the Community Youth Development (CYD) Program in various cities throughout the State. The City of Corpus Christi has been allocated $503,500 in program funds for Fiscal Year 2009 — 2010, Contract Period September 1, 2009 through August 31, 2010, to be used in the 78415 Zip Code area. REQUIRED COUNCIL ACTION: Acceptance of federal grants in excess of $15,000 require Council approval. Contracts in excess of $50,000 require Council approval. PREVIOUS COUNCIL ACTION: On June 1, 2009 Council approved a resolution for the City Manager or his designee to submit a grant application in the amount of $503,500 CONCLUSION AND RECOMMENDATION: The Community Youth Development Steering Committee, DFPS and Parks and Recreation recommend approval of $503,500 for the CYD Program as presented for Fiscal Year 2009 — 2010, Contract Period September 1, 2009 through August 31, 2010. Attachments: Background Information ally Ga Director`•f Parks and Recreation sallyg . ctexas.com (361) 826 -3464 BACKGROUND INFORMATION In 1995, DPRS developed a program to fund local grass roots efforts in the highest juvenile crime areas of the state by ZIP Code. Currently fifteen zip codes in 14 cities are designated as CYD service areas. The program sought to create activities that were not currently available within the local 78415 Zip Code area. These activities were made available to youth ages 5 -17. Eligible activities must fall within the following categories: mentoring, activities, employment, education, and /or youth leadership. In order to meet DPRS (now called Texas Department of Family and Protective Services — DFPS) guidelines, a mentoring, youth leadership development and a youth advisory committee components must be part of the overall 78415 CYD Program's Plan of Operation. On May 27, 1997, the City Council approved a transfer agreement with the Workforce Development Corporation pertaining to the 78415 Community Youth Development (CYD) Contract with the Texas Department of Protective and Regulatory Services (DPRS) for the CYD Program, and executed a contract with DPRS. The City Council also passed a resolution (#022938) establishing the CYD Steering Committee. Since then, the City has served as the Fiscal Agent for the program and entered into subcontracts with many community agencies for CYD service. Since its inception, the CYD Program has served the 78415 Zip Code through a number of service providers. These providers would include Boys & Girls Club, Communities In Schools, Corpus Christi Housing Authority, Corpus Christi Independent School District, Corpus Christi Public Library, Corpus Christi Teen Court, Paisano Girl Scout Council, Planned Parenthood, Park & Recreation Department, SERCO of Texas, Youth Odyssey, YMCA, and YWCA. Page 1 of 2 ORDINANCE APPROPRIATING $503,500 FROM THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES IN THE NO. 1060 COMMUNITY YOUTH DEVELOPMENT FUND TO FUND THE COMMUNITY YOUTH DEVELOPMENT PROGRAM IN THE 78415 ZIP CODE FOR FISCAL YEAR 2009 -2010 CONTRACT PERIOD SEPTEMBER 1, 2009- AUGUST 31, 2010; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $503,500 from the Texas Department of Family and Protective Services in the No. 1060 Community Youth Development Fund is appropriated to fund the Community Youth Development Program in the 78415 zip code for fiscal year 2009- 2010, contract period September 1, 2009 — August 31, 2010. SECTION 2. That Ordinance No. 028252 which adopted the FY 2009 -2010 Operating Budget is changed to increase appropriations by $503,500. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the of September, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form September 10, 2009 ti By: Lisa Aguil4 Assistant City Attorney For City Attorney Joe Adame Mayor H: \LEG- DIR \Lisa\2009 Ordinance\ ORD- Approp- CommYouth7841F7QD9- 2010.doc Page 2 of 2 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H: \LEG- DIR \Lisa\2009 Ordinance\ ORD- Approp- CommYouth78444809- 2010.doc 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 22, 2009 AGENDA ITEM: Ordinance appropriating $14,695 in the Packery Channel CIP Fund No. 3277 from revenue received from Texas Parks and Wildlife Department and the Coastal Bend Bays and Estuaries Program, Inc. for reimbursement of repairs to the property at Billing's Bait Stand and Clem's Marina Boat Ramp; changing FY 2008 -2009 Capital Budget adopted by Ordinance 028006 to increase appropriations by $14,965; and declaring an emergency. ISSUE: The Billiings and Clems Boat ramps were in disrepair. Funding was made available from Texas Parks and Wildlife and Coastal Bend Bays and Estuaries Program for minor repairs during the time a grant application was submitted for major repairs to the boat ramps. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to appropriate funds. PREVIOUS COUNCIL ACTION: none FUNDING: Funding for these repairs was provided by the Texas Parks and Wildlife Department and Coastal Bend Bays and Estuaries Program, Inc. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance. 1''1141 Sally Ga ' Ilk, Director Parks a td Recreation Attachment: Background Pete Anaya, Director Engineering Department BACKGROUND INFORMATION The Billings and Clems Boat Ramps are on property owned by the General Land Office (GLO). The Texas Parks and Wildlife Department (TPWD) built the Billings Boat Ramp and manages both of the boat ramps. However, TPWD no longer has a maintenance program or funding appropriated to maintain boat ramps owned by the State. The Clems Boat Ramp was originally built by Nueces County. The boat ramps have fallen into disrepair over the years. The land surrounding the boat ramps is owned by the Texas Department of Transportation (TxDOT) and currently leased to private businesses. Neither State agencies nor the City of Corpus Christi has funding currently available to complete reconstruction of the boat ramps. TPWD and Coastal Bend Bays and Estuaries Program joined together in 2008 to provide funding for basic repairs to the boat ramps which were completed earlier this year. The City has received a $500,000 boating access grant for further improvements to the Billings boat ramp. The firm of URS has been hired to begin the design phase for the Billings boat ramp. In October, 2009 the City will apply for a second boating access grant of $500,000 for additional repairs to the Clems boat ramp. Appropriation of the funding is needed to allow the necessary accounting entries to be made to close the grant as part of FY2009 -2010 business. Page 1 of 2 ORDINANCE APPROPRIATING $14,695 IN THE PACKERY CHANNEL CIP FUND NO. 3277 FROM REVENUE RECEIVED FROM TEXAS PARKS AND WILDLIFE DEPARTMENT AND THE COASTAL BEND BAYS AND ESTUARIES PROGRAM. INC. FOR REIMBURSEMENT OF REPAIRS TO THE PROPERTY AT BILLING'S BAIT STAND AND CLEM'S MARINA BOAT RAMP; CHANGING FY 2008 -2009 CAPITAL BUDGET ADOPTED BY ORDINANCE 028006 TO INCREASE APPROPRIATIONS BY $14,965; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The amount of $14,695 in the Packery Channel CIP Fund No. 3277 received from Texas Parks and Wildlife Department and The Coastal Bend Bays and Estuaries Program, Inc. is appropriated for reimbursement of repairs to the property at Billing's Bait Stand and Clem's Marina Boat Ramp. The 2008 -2009 Capital Budget adopted by Ordinance 028006 is changed to increase appropriations by $14,965. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of September, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: September 10, 2009 Lisa Agui Assistant _ ity Attorney For City Attorney H:\LEG- DIR \Lisa\2009 Ordinance\ ORD- approp- BillingsBait- Clei411Ramp.doc Page 2 of 2 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H: \LEG- DIR\Lisa\2009 Ordinance\ ORD- approp- BillingsBait -Cler A4eRRamp.doc 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 22, 2009 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute an amendment to the use agreement with the South Texas Botanical Gardens and Nature Center ( "Center ") for the use of additional 3.66 acres of land out of the Botanical Gardens Park Unit 4 Subdivision, located north and adjacent to the South Staples Street (Farm to Market Highway 2444) public right of way; to facilitate expansion of the center; providing for severance; and providing for publication. ISSUE: The City of Corpus Christi has received a donation of 3.66 acres of land adjacent to the South Texas Botanical Gardens and Nature Center ( "Center"). The donated land is being leased to the "Center" for the purposes of expanding the operation and improving access from South Staples (FM 2444). REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to amend a use agreement. PREVIOUS COUNCIL ACTION: none FUNDING: none CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance. Sally Gay Parks an Sall Director ecreation exas. com 361 - 826 -3464 Attachment: Background Location Map of Property —57— BACKGROUND INFORMATION The owners have donated a 3.66 acre piece of property to the City of Corpus Christi so it could be added to the existing lease the City has with the "Center" for expansion of the gardens. The donated acreage will provide an improved entrance from Staples Street (FM 2444) as well as parking and additional gardens. The City retains an 80 ft. easement on the western portion of the property should there be a need for future road development. Location Map South Texas Botanical Gardens and Nature Center South Texas Botanical Gardens and Nature Center ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AMENDMENT TO THE USE AGREEMENT WITH THE SOU? H TEXAS BOTANICAL GARDENS & NATURE CENTER (-CENTER") FOR THE USE OF ADDITIONAL 3.66 ACRES OF LAND OUT OF THE BOTANICAL GARDENS PARK UNIT 4 SUBDIVISION, LOCATED NORTH AND ADJACENT TO THE SOUTH STAPLES STREET (FARM TO MARKET HIGHWAY 2444) PUBLIC RIGHT OF WAY; TO FACILITATE EXPANSION OF THE CENTER; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute an amendment to the Use Agreement with The Botanical and Nature Institute of South Texas, Inc. for the use of additional 3.66 acres of land out of the Botanical Gardens Park Unit 4 Subdivision, located north and adjacent to the South Staples street (Farm to Market highway 2444) public right of way to facilitate expansion of the South Texas Botanical Gardens & Nature Center (formerly the Corpus Christi Botanical Society). A copy of the amendment shall be filed with the City Secretary. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This contract takes effect on the 61st day following City Council approval. 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: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form:_ A , k") 2009 By: ) Assistant City Attorney For City Attorney 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 22, 2009 AGENDA ITEM: Motion approving the purchase of Intergraph I /CAD and I/Mobile upgrade services from Intergraph Corporation Security, Government and Infrastructure of Madison, Alabama in the amount of $94,181.77, quote #Q063009sw1, including software, training and professional services, to improve the Police Department mobile and field reporting capability. Intergraph Corporation is a State of Texas GoDirect Vendor number 163- 057 -3222 -000. ISSUE: An assessment was performed by Intergraph in November of 2008 on the three year old system which revealed known functional issues related to I /CAD and I/Mobile users' ability to perform specific tasks easily and quickly that will be resolved with the upgrade from version 8.0.1 to version 8.1.3. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $50,000. PREVIOUS COUNCIL ACTION: On March 21, 2006, City Council Motion authorized a contract with Intergraph Corporation to purchase the Records Management and Mobile Data Computer systems for the Police Dept. FUNDING: Funding for these costs is in current MIS budget. Future support and maintenance costs will be requested in subsequent budget years. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motions as presented. Michael Art strong Jo Moseley Director of MIS Acting Police Chief Attachments: Intergraph Change Order Intergraph Quote #Q063009sw1 Intergraph O Statement of Work BACKGROUND INFORMATION BACKGROUND: The City of Corpus Christi Police Department purchased various Intergraph Corporation systems in December 2006. The Computer Aided Dispatching (CAD) is a computerized system by which information is received from the public through 911 and dispatched to officers in the field. The Records Management System (RMS) is the backbone of all information processed by the Police Department — offense reports, traffic reports, supplementary reports, pawn shop data, alarms records, criminal history checks, arrest records, etc. Mobile Data Computers (MDC) in each of the vehicles and the Automated Vehicle Locator (AVL) is the system used to provide locations of all patrol units on a geographic mapping system. Version 8.0.1 of Intergraph CAD and Mobile Data software which is currently in use has been superseded by version 8.1.3. Intergraph has a Customer Services Balance of $56,078.23 from the implementation which will be used to offset the upgrade quote of $150,260.00 resulting in a cost of $94,181.77 to the City. Funding will come out of the MIS budget for $94,181.77. Previous Council Action: On September 8, 2009 Council approved purchase of new 9 -1 -1 dispatch consoles to replace the existing dispatch and call taker consoles in the 9 -1 -1 Center of the Police Department. CHANGE ORDER NTERGRAPH CUSTOMER: DATE: CHANGE ORDER NUMBER: ORIGINAL PO ! CONTRACT NUMBER: CURRENT CONTRACT VALUE: REVISED CONTRACT VALUE: CHANGE ORDER PRICE: QUOTE NUMBER: Corpus Christi, Texas September 8, 2009 38 0506 -013 $4,247,226.00 $4,247,226.00 $56,078.23 063009sw1 1. DESCRIPTION OF CHANGE: This Change Order documents the use of funds in the Customer Services Balance in the amount of $56,078.23 toward an I /CAD and I /Mobile upgrade defined in the attached Statement of Work (SOW) for 1 /CAD and I /Mobile Upgrade dated 9/8/09. Upon execution of this Change Order, the Customer Services Balance will be $0. Milestone payments for the balance owed ($94,181.77) for the upgrade are defined in the SOW. This Change Order does not increase the contract value of the original contract. The Terms of the SOW will govern the upgrade. This Change Order does not affect the contract value. Funds in the Customer Services Balance may be used toward the purchase of future Intergraph software or services. All other Terms and Conditions remain unchanged. Page 1 of 3 -65- II. CHANGE ORDER DETAILS Items Added to Contract: ITEM QTY UNIT COST TOTAL COST Customer Services Balance applied to I /CAD and !!Mobile Upgrade 1 $56,078.23 $56,078.23 50.00 $0.00 Sub -total of Items Added: Tax (x %): (If applicable) Total of Items Added: $56,078.23 Tax Credit (x%): (if applicable) $56,078.23 Maintenance of Items Added Above: (!f applicable) ITEM QTY UNIT COST TOTAL COST $0.00 Total Change Order Price: $56,078.23 $0.00 50.00 $0.00 Total Software Maintenance: $0.00 Items Removed from Contract: ITEM QTY UNIT COST TOTAL COST $0.00 Total Change Order Price: $56,078.23 $0.00 $0.00 $0.00 Sub -total of Items Removed: 50.00 Tax Credit (x%): (if applicable) Add Back One -time System Discount of 9% of Software Items Removed: $0.00 Total Credit of Items Removed: $0.00 Maintenance of items Removed Above: (lf applicable) ITEM QTY UNIT COST TOTAL COST $0.00 Total Change Order Price: $56,078.23 $0.00 $0.00 Total Software Maintenance: 50.00 1I1. SUMMARIES: CHANGE ORDER SUMMARY Additions: $56,078.23 Removals: $0.00 Total Change Order Price: $56,078.23 Customer Services Balance Balance after CIO 37: 556,078.23 Adjustment in CIO 3B: ($56,078.23) Balance after CIO 38: $0.00 -66- Page 2 of 3 IV. CHANGE ORDER APPROVAL: APPROVED BY: APPROVED BY: APPROVED BY: Clint Griggs, Project Ma ger Intergraph Corporation / L- VI AU horized Signature Intergraph Co /poration Lani Trotter, Project Manager City of Corpus Christi, Texas Date: Date: Date: This Agreement may be executed in one or more counterparts, each of which shall be deemed to be original, and all of which together shall constitute one and the same Agreement. A signature delivered by facsimile shall be deemed to be an original signature and shall be effective upon receipt thereof by the other party. Page 3 of 3 -67- 09- CorChristi TX4 CAD/Mobile U ' : rade US$ USA Item Description B y t nnctiona.l Use Purpose Qty,r, Unit Cost- To C `F. Project Mgm, Imp!. & Training Services Includiing Travel :. 1 CAD /Mobile Upgrade Services 1 $ 134.210 $ 134,210 1 /CAD Essentials for Trainers (IPST2011) On -site 1 $ 12,150 $ 12.150 1 /CAD Delta Training (IPST5001) Remote 1 3,900 $ 3,900 TOTAL SYSTEM BASE PRICE:: y Grand Total Exclusive of Taxes 1 $ 150,260 d z 1. Sales tax is not included in this quote. Final sales tax billed will reflect the applicable tax rates at time of sale as required by law. CorpusChristi _CADUpgradeSQ063009swIS_mmgt App_070209.xls INTER6 City of Corpus Christi Security, Government and Infrastructure, a Division of Intergraph Corporation Statement of Work For I /CAD and I /Mobile Upgrade September 9, 2009 1 -69- NITERGRAPH Prepared for: Ms. Lani Trotter IT Coordinator Police Department, MIS City of Corpus Christi 1201 Leopard Corpus Christi, TX 78401 Phone: (361) 826 3788 Email: IaniT@cctexas.com By: Statement of Work Preparer For: Frank Parra Phone: (727) 771 2724 Email: frank.parra@intergraph.com 2 -70- NTERGRAPH Change History CO i formati on 3 -71- INTERGRAPH Table of Contents 1 Introduction 6 2 Assumptions 6 3 Project Deliverables 7 4 Installation Services 8 4.1 I /CAD Upgrade 9 4.1.1 Customer Responsibilities I 1 4.2 1 /Mobile & I/Tracker Upgrade 13 4.2.1 Customer Responsibilities 13 4.3 Existing Interface Functionality Upgrade 13 5 Training Services 13 5.1 Customer Responsibilities 14 5.2 Training Description 14 5.2.1 I /CAD Delta Training (1PST5001) 15 5.2.2 I /CAD Essentials for Trainers (I PST2011) 16 6 Acceptance Criteria 17 7 Schedule 17 8 Price 17 9 Terms of Payment 17 10 Ownership in Data /Computer Software 18 _72_ 4 NTER 11 Maintenance 18 12 Warranty 18 13 Disclaimer 19 14 Infringement 19 15 Force Majeure 19 16 Taxes 19 17 Governing Law 19 18 Place of Performance 20 19 Entire Agreement 20 20 Approval Signatures 20 Appendix A: Intergraph Configurations for Hardware 21 5 -73- I E ER RP'1PH 1 INTRODUCTION This document is submitted to serve as a mutually acceptable Statement of Work ( "SOW ") between Security, Government and Infrastructure, a Division of Intergraph Corporation ( "Intergraph ") and the City of Corpus Christi ("Customer"). This SOW defines the software and services required to provide a system upgrade for I /CAD and I /Mobile. Unless specifically noted within this SOW, all software shall be the standard commercial off-the-shelf ( "COTS ") product Functionality not identified in this SOW may be included at additional cost with appropriate revisions to the SOW. 2 ASSUMPTIONS This SOW is based upon the following assumptions: I. Intergraph and the Customer will review the SOW and determine a mutually agreeable date for the services to be performed. Note: A purchase order must be received prior to any tentative dates being confirmed. 2. Customer - specific changes that were performed as a part of the original contract or that have been added since the original contract and are covered by a current Intergraph Maintenance agreement will he upgraded. No new configuration changes (or software modifications) are included in the scope of the upgrade. The Customer will thoroughly review the SOW and verify that all Customer products that must be upgraded are documented within this SOW. 3. The interface protocol has not changed from the existing implementation. 4. The interface switches have not changed from the existing implementation. 5. The interface functionality has not changed from the existing implementation. 6. The mobile infrastructure has not changed from the existing implementation. 7. I /CAD will be upgraded to version 8.1.3. 8. The upgrade does not include a change in hardware. Services to accommodate hardware changes can be quoted as a separate item at the time such services are requested by the Customer. 9. The upgrade does not include a change in operating system version. The Customer is responsible for meeting the minimum Configuration for Hardware as outlined in Appendix A. 10. Maximum training day is eight (8) hours in length, including breaks. Specific start and end times will be coordinated prior to the commencement of training. 6 -74- iNTERGRAPH 11. System and Training Documentation provided by Intergraph with the upgrade will be standard COTS documentation and HelpFiles, and will not be customized to the Customer's site specific configuration. 12. This SOW does not include any licenses for Microsoft, Oracle or any other 3rd party products. 13. This SOW includes remote Intergraph services to upgrade 1 /LEADS software on the I /LEADS production server and Test environment for I/LEADS CADLink, l /Address and 1/Informer to I/LEADS. Net, Win use. The Customer is responsible for any test connections needed and must provide a secured remote connection. 14. This SOW does not include any Intergraph services to upgrade the 1 /LEADS software, any databases or I /LEADS.Net customizations or OS for 1 /LEADS. This assumes the I/LEADS server is running Version 8.0.3 or other certified release for I /CAD 8.1.3. Intergraph understands that the Customer is running I /CAD 8.0.1.38 with 1 /LEADS 8.0.2.10 which will not be an issue for this upgrade. a. This SOW assumes the server running I /LEADS is on Windows Server 2003. b. Any files to be copied to I /LEADS clients will be the responsibility of the Customer. c. This service requires remote access to the I /LEADS server and is provided for only the production environment. Services to upgrade other servers or environments can be quoted at the time such services are requested by the Customer. 3 PROJECT DELIVERABLES The deliverables for this SOW will be as follows: 1. Project Management Services 2. Software updates for all purchased products covered under a current maintenance agreement. The list below is a list of all products that are currently on maintenance and that will be included in the upgrade. a. CAD & Related Products 1) I /Executive(1) 2) 1 /Executive 2 (I) 3) ANI /ALI (1): Corpus Christi 4) ANI /ALI (I): Kingsville 5) 1 /Dispatcher (16): Includes Kingsville 6) I /CallTaker (8) 7) 1 /Informer (2) Court; TLETS This includes Current Hit Detection Configuration 8) I /Informer to LEADS (1) 7 -75- I ERGR!'if-H 9) I/NetViewer - (50 users) (Note: Requires IE 7 in order to take advantage of the rendering of the map. In the 8.1 version, I/NetViewer client -side map file or any ActiveX controls. IE 6 can the product functionality; however, the map view will properly.) 10) 1 /NetDispatcher (5 Users) 11)1/Page (1) 12) I /Mobile (154) 13) I/Tracker (I) 14) I /MDT(I) 15) 1 /TDD (1) 16) I /Major Incident (1) 17) 1 /FRMS- CADlink(1) 18) I /CAD State Suite (Texas) (1) 19) I/lnterCAD — First License (1) 20) 1 /FSA (1) 21) Deccan Live Move up Module (2) 22) Deccan CAD Analyst and ADAM (1) 23) Custom Workstation Commands (Key —in commands for Informer and Find Operator. new server side no longer relies on a still be used for most of require lE 7 to function 3. Upgrade Schedule a. Intergraph will provide an upgrade schedule in Microsoft Project format. 4. Software installation services as described in Section 4. 5. Transition services as described in Section 4. 6. Training services as described in Section 5. 7. Intergraph will provide services for the upgrade of the Kingsville location. 4 INSTALLATION SERVICES Intergraph will provide the Customer with installation services for software upgrades to version 8.1.3 of the Intergraph products that are listed in Section 3 above. 8 -76- i ERG H 4.1 1ICAD UPGRADE The Customer's permanent test /training system will be utilized to stage the upgrade software. 1r iergraph will remotely install the l /CAD software products on the permanent test system via a Customer provided VPN or secured remote connection. The Customer will be responsible for ensuring that the existing permanent test system hardware, OS, and database meets Intergraph minimum specifications prior to the scheduled remote software install. LINUX updates need to be applied by the Customer on the permanent test/training server prior to Intergraph performing any tasks under this SOW. Intergraph will provide any Oracle licenses currently under maintenance with Intergraph. If additional Oracle licenses are necessary due to the purchase of new or additional hardware, those licenses will be the responsibility of the Customer. Upgrading from 1 /CAD 8.0.1.38 to 8.1.3 does not require a new version of Oracle, but the latest patches for 1 /CAD 8.1.3 must be loaded by the Customer. The client configurations will be remotely delivered by Intergraph but will be installed by the Customer with remote assistance from Intergraph. Once software is installed, the Customer will have several weeks to test the new software and conduct internal delta training. Intergraph personnel will be scheduled for a single site visit to install the upgrade software on the production system and complete the production upgrade transition. I /CAD downtime is typically four (4) hours or less. Interface downtime may be considerably longer, but typically less than twenty -four (24) hours. I /LEADS will experience downtime during the 1 /CAD upgrade when 1/CAD is re- loaded. The Customer is responsible for ensuring all appropriate personnel are aware and plan accordingly. The EOC server databases will be upgraded during the transition week and I /Backup established. Intergraph has provided two CAD implementers on -site for a maximum of five (5) days during the transition week. The Kingsville location will be upgraded during the transition week. The chart below lists the responsibilities for the installation of software: Primary CAD DB server #1 and CAD Application server #1 (Intergraph Software) Intergraph The primary CAD DB and Application servers will be upgraded as necessary by the Customer to ensure that the existing hardware meets Intergraph minimum specifications. Intergraph will provide on -site software installation during the production transition. 9 —77— NE G&"H Secondary CAD DB server #2 and CAD Application server #2 (Intergraph Software) Intergraph The secondary CAD DB and Application servers will be upgraded as necessary by the Customer to ensure that the existing hardware meets Intergraph minimum specifications. Intergraph will provide on -site software installation during the production transition. Primary Communications server #1 (Intergraph Software) Intergraph The primary communications server #1 will be upgraded as necessary by the Customer to ensure that the existing hardware meets Intergraph minimum specifications. Intergraph will provide on -site software installation during the production transition. The Customer will be responsible for ensuring all interface connections are operational. Permanent CAD Communications Test Communication Server Customer The communications test server will be upgraded as necessary by the Customer to ensure that the existing hardware meets Intergraph minimum specifications. Intergraph will install the upgrade software remotely via VPN or secured remote connection in advance of the production transition. The Customer will be responsible for ensuring all interface connections are installed and operational as needed. CAD Test/Training DB Server and - CAD Application server — • The permanent test CAD DB server will be upgraded as necessary by the Customer to ensure that the existing hardware meets Intergraph minimum specifications. Intergraph will install the upgrade software remotely via VPN or secured remote connection in advance of the production transition. This system will be used for testing and training prior to the production transition. 10 -78- NTERGAAPH CAD Backup DB Server and CAD Backup Application Server Intergraph Located at the EOC Facility. ntergraph will provide an on-site software installation during the croduction transition CAD client workstations (Intergraph Software) Intergraph Client workstation hardware will be upgraded as necessary by the Customer to ensure that the existing hardware meets Intergraph minimum specifications. Intergraph will provide instruction to the Customer system administrator for completing the client install. Intergraph will provide on -site assistance during the production transition for up to five clients. Customizations and custom reports that are covered under the maintenance contract Intergraph Additional customization or custom reports are not included. Database and database software Customer Upgraded to latest version certified for Intergraph software (reference attached h/w specifications). Permanent Test /Training client workstations (Intergraph Software) Intergraph /Customer The Customer will upgrade the test client hardware to meet Intergraph minimum hardware specifications. See Appendix A. Intergraph will assist with software installation as time permits (during the on -site transition). 4.1.1 CUSTOMER RESPONSIBILITIES 4.1.1.1 CONFIGURATION AND INFRASTRUCTURE 1. The Customer is responsible for having current backups of the existing/production CAD Servers. 2. The Customer is responsible for providing Intergraph with a database dump in accordance with the approved upgrade schedule. 3. The Customer is responsible for the purchase, installation, and configuration of all hardware. The Customer will ensure that all hardware meets Intergraph minimum standards as described in Appendix A. 11 _7g_ INTERGRAPH 4. The Customer is responsible for ensuring that the OS meets minimum standards as described in Appendix A. This upgrade does not include services for Intergraph to upgrade the OS. 5. The Customer is responsible for the purchase, installation, and configuration of the network infrastructure. 6. The Customer is responsible for the purchase, installation and configuration of the MS SQL licenses and any other Microsoft licenses needed to complete the effort under this SOW. 7. The Customer is responsible for all environmental considerations, including, but not limited to, power requirements, HVAC requirements, and security requirements. S. The Customer must provide VPN or secured remote connectivity (including a logon and password) to all servers and workstations requiring installation /configuration by Intergraph. 9. The Customer will be responsible for the purchase, installation, and configuration of all third party software. Third party software versions must be compatible with Intergraph requirements. See Appendix A. For example, Customer must provide MS Office Professional 2003 or 2007, which is required to support I /MARS. 10. The Customer is responsible for obtaining any services needed under this upgrade SOW for the Analyst's Notebook or 12 Software. 1 I . The Customer is responsible for ensuring there are sufficient Comm Ports and serial cables to support any spectraclock, ANI /ALI or other data corning into the servers. 12. The Customer is responsible for reporting any issues to Intergraph for mutual resolution according to the project schedule after the upgraded software is installed. 4.1.1.2 STAFFING 1. The Customer will be responsible for providing a single point of contact for coordination with the Intergraph Project Manager. 2. The Customer will be responsible for ensuring that all personnel are aware the upgrade will be occurring and to expect potential down time for I /CAD and Interfaces. 3. The Customer will be responsible for ensuring that the Customer system administrator is available to support all tasks. 4. The Customer will be responsible for ensuring that senior staff will be available to assist Customer users during the transition period. 12 -80- IE H 4.2 / /MOBILE & IITRACKER UPGRADE Intergraph will provide services to upgrade the 1 /Mobile and l /Tracker software listed in Section Intergraph will remotely install the I/Mobile and I /Tracker server software on the test server via a Customer - provided VPN or secured remote connection. The current I /Mobile production client configurations will be remotely delivered by Intergraph and will be installed by the Customer. The client configuration will include changes nude by both Intergraph and the Customer and that currently reside in the production environment. The l /Mobile configuration will not be changed /enhanced. Additional services for I /Mobile configuration changes /enhancements can be quoted as a separate item at the time such services are requested by the Customer. Once the upgrade software has been delivered, the Customer will have several weeks to test the new software and conduct internal delta training. During the I /CAD upgrade, the I /MDT server software will be upgraded to the new I /MDT version, along with Intergraph supplying the Customer the new I /Mobile application version. Intergraph believes that the Customer's current I /Mobile version is generally compatible with 1 /MDT. The I /Mobile and I/Tracker transition will occur during the single site visit for the production transition of I /CAD. 4.2.1 CUSTOMER RESPONSIBILITIES I. The Customer will be responsible for installing and deploying the 1 /Mobile client software. 2. The Customer will be responsible verifying the mobile operation and providing internal training to all users. 3. Customer is responsible for the purchase, installation, and configuration of the mobile infrastructure. 4.3 EXISTING INTERFACE FUNCTIONALITY UPGRADE Intergraph will provide services to upgrade Customer's existing interfaces that are covered under maintenance. See Section 3 for a list of all interfaces. 5 TRAINING SERVICES Intergraph will provide training services as outlined below. Training will occur after the upgrade software installed on the test system prior to the transition of the upgrades system into production. 13 _81_ iNTERGRAPH 5.1 CUSTOMER RESPONSIBILITIES 1. Intergraph will provide remote training for the 1 /CAD Delta training. Customer is responsible for providing a workstation with sufficient privileges to connect to the public Internet for the purpose of web conferencing. 2. The Customer will be responsible for loading all client software on training workstations and ensuring that all workstations are connected to the training LAN and database. 3, The Customer must ensure that all training workstations and servers are operational prior to the agreed start of training classes. Intergraph will remotely VPN into the Customer network and check the training workstations to ensure they are functionally ready for training sessions. Customer will provide VPN or secured remote connectivity to these workstations; otherwise a trip, which will require additional cost, will be added to this SOW. 4. Customer will provide internal training to users that are unable to attend the Intergraph provided training. 5. The Customer is responsible for providing Intergraph with a training area with a workstation for the I /CAD Essentials for Training class. 6. The Customer will be responsible for providing a training area with a white board, projector, and sufficient workstations for the participating students for the I /CAD Essentials for Trainers class. Intergraph recommends a maximum of two (2) students per workstation. 5.2 TRAINING DESCRIPTION Intergraph will provide the following training sessions: I /CAD Delta will be taught via the Web. I /CAD Essentials for Trainers will be provided on -site. 14 _82_ INTERGRAPH I/CAD Delt baini is con ucted similarly to theVCAD Core Essertials courses and is presented to customer staff that is responsible for local agency supervision and/or training. This intensive course familiarizes customer-selected staff primarily with new features of the I/CAD i/Calltake.r and I/Dispatcher applications and includes a brief review of current procedures as needed. It also allots time to cover changes in I/CAD configuration or administration with the System Administrator(s). The complete Delta Training agenda is a combination of user related and system administration related topics. The System Administrator is required to attend all portions of the course, while the IICAD user attendees need only participate in the User portion. The agenda for the class will be customized according to the versions upgrading from/to and according to any specific topic requests by the customer. It is essential that the attendees alread have a mastery of their current I/CAD version in their areas of interest, either as supervisors or trainers. It is not recommended for personnel not familiar with I/CAD. De!ta User topics: "* Brief review of current I h CAD operations operations as related to new furictionality "* New Intergraph CAD Functionality/Commands Delta Sysadmin topics: "* Changes to Software Configuration Options, such as Parameters, Command Line, GUI => Changes to Administrator Utilities, such as CADDBM and DBRecover Database Schema U d ho g> Other Administrative Functions, as needed cI) Responsibility for system administration, su or training on a current Intergraph VCAO system Conducted via Web System Administrator, Other Support, Key I/CAD Users and Supervisors, and Training Personnel After completion of upgrade of the I/CAD .with- adequate time to prepare and train on new features in time for cutover 15 -83- --- �� iNTERGRAPH The WCAD Essentjals for Trainers is presented d sible for training public safety calltaking and dispatching. This course includes all topics from I/CAD Essentials for Users with an emphasis placed on gaining expertise, perfecting knowledge, and acquiring confidence with the material. Upon completion of this course, attendees will be prepared to train users in I/CAD Essentials. ~ * Call Creation and Update * Map View Control "* Event and Personnel lnquiries * Sending Messages * Recommending d Dispatching Units "* Updating Unit Statuses * Modifying Unit Properties "* Updating Unit Related Event Information "* Querying Unit and Event Data "* Performing Fire Specific Operations — Update Alarm, Relocate (Move Up) Units * Performing Law Enforcement Specific Operations — Traffic Stop, Subject Stop "* Performing EMS Specific Operations — Divert Hospital * Supervisor Specific Commands * Interfaces for Ijsers (I/Informer, 1/Page, l/FST, and I/MDT for example) "* Advanced IICAD Functions as needed # Trainer Guidelines and Techniques for |/C&O * Knowledge of basic public safety terminology * Responsibility for training of calltaking and/or dispatching personnel * An Introduction to Windows course or equivalent knowledge and familiarity with the Windows user interface Conducted on-site or at an Intergraph Certified Training Facility by Intergraph Personnel CAD Traini Personnel Should be complete with adequate time to prepare for cutover 4 days 12, with a maximum of one student perworkstation 1S -84- NTERGRAPH 6 ACCEPTANCE CRITERIA The upgrade shall be considered accepted with either written authorization, by the Customer or upon production use, whichever comes first. 7 SCHEDULE Scheduling of Intergraph services will occur: (i) upon receipt of this executed document, (ii) receipt of Customer's purchase order (if applicable), and (iii) provided Customer has no past due payments to Intergraph. Intergraph and the Customer will determine a mutually agreeable schedule for completion of the deliverables as described in this SOW. 8 PRICE Pricing for the SOW is in accordance with Intergraph quotation number Q063009sw1 which is provided as an attachment. Intergraph will submit invoices to the Customer at the following address: Ms. Lani Trotter IT Coordinator Police Department, MIS City of Corpus Christi 1201 Leopard Corpus Christi, TX 78401 Phone: (361) 826 3788 Email: laniT @cctexas.com 9 TERMS OF PAYMENT As noted in Change Order 38, existing "Customer Services Balance" funds in the amount of $56,078.23 will be applied toward the purchase of the upgrade. The remaining balance in the amount of $94,181.77 will be owed to Intergraph. The Customer will issue a purchase order for the balance owed and will sign this SOW prior to commencing with the effort described herein. Payment for this SOW will be due upon completion of payment milestones in accordance with the payment milestone schedule below; the percentages for the milestones are based upon the balance owed to Intergraph ($94,181.77). The terms of payment shall be net thirty (30) days from the date of invoice. An interest charge of two percent (2 %) per month (or the maximum amount allowed by law, whichever is less), prorated on the basis of a thirty (30) day month, will be assessed on delinquent payments. 17 -85- iNTERGRAPH Payment Milestone . Paymeiet Perceirla ►e Execution of Purchase Order 50% Upon completion of the training session listed in Section 5.2 25% Upon written authorization by the Customer or upon live operation use, whichever comes first. 25% 10 OWNERSHIP IN DATA/COMPUTER SOFTWARE All computer software related deliverables (data, programs, or program enhancements) prepared under this SOW shall be the property of Intergraph and shall be licensed to the Customer pursuant to Intergraph's current Software License Agreement. 11 MAINTENANCE For any new purchases of Intergraph software described in this SOW, the Customer shall be responsible , for placing the newly purchased software under maintenance following expiration of the applicable warranty period. If the software is not placed under maintenance, the cost of development and services required to migrate the current functionality to the new version will be added to all future system upgrades. Enhancements to this software are not provided under the maintenance agreement. For any software version upgrades described in this SOW, this upgraded software is provided at no cost to the Customer under the general terms of the Intergraph maintenance agreement. This maintenance agreement must be in effect and current before any scheduling or related work will occur. 12 WARRANTY For any new software purchased as a part of this SOW, the following warranty applies. This warranty does not apply to software that is already covered under a paid maintenance agreement. Intergraph software is warranted to substantially conform to the user documentation, free from defects in material and workmanship for a period of thirty (30) days from installation. INTERGRAPH DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ALL WARRANTIES ON PRODUCTS FURNISHED HEREUNDER, EXCEPT THOSE SPECIFICALLY STATED ABOVE, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND REPRESENTS THE FULL AND TOTAL OBLIGATION AND /OR LIABILITY OF INTERGRAPH. 18 —86— INTERGRAPH 13 DISCLAIMER IN NO EVENT WILL INTERGRAPH BE LIABLE TO THE CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA OR CLAIM: OF THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH ANY SERVICES OR DELIVERABLES PROVIDED UNDER THIS SOW. EVEN IF INTERGRAPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INTERGRAPH'S TOTAL LIABILITY FOR ANY AND ALL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THIS SOW FROM ANY CAUSE SHALL NOT EXCEED THE VALUE Of THIS SOW. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, NO CLAIM, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THIS SOW MAY BE BROUGHT BY THE CUSTOMER MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS OCCURRED. IF ANY PART OF THIS SECTION IS RULED INVALID, THEN 1NTERGRAPIi LIMITS LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY SAID LAW. 14 INFRINGEMENT In the event of any proceeding against the Customer arising from allegations that the deliverables or services furnished by Intergraph infringes U.S. patent, copyright, trade secret, or other proprietary right of any third party, Intergraph will, if such allegation is not a result from modifications made by the Customer, defend or settle such proceeding, at Intergraph's expense, provided the Customer promptly notifies Intergraph in writing and grants Intergraph full authority to defend and settle such proceeding. Intergraph shall make such defense by counsel of its own choosing and the Customer shall cooperate ' with said counsel. 15 FORCE MAJEURE Neither party shall be deemed to be in default of any provision of this SOW or be liable for any delay, failure in performance, or interruption of service resulting from acts of war, acts of terrorism, acts of God, acts of civil or military authority, civil disturbance, or any other cause beyond its reasonable control. .16 TAXES Prices are exclusive of all federal, state or local sales, use, property, gross receipts, value added or similar taxes based upon amounts payable to Intergraph pursuant to this SOW ( "Taxes "). Such Taxes, however do not include franchise taxes or taxes based on net income. The Customer agrees to pay Intergraph any applicable Taxes or provide Intergraph documentary evidence of an appropriate statutory exemption. 17 GOVERNING LAW This SOW shall for all purposes be construed and enforced under and in accordance with the laws of the State of Texas. 19 -87- INTERGRAPH 18 PLACE OF PERFORMANCE The Customer agrees to provide appropriate work place accommodations, computer equipment, software, and necessary access for Intergraph personnel. 19 ENTIRE AGREEMENT These terms and conditions, the Intergraph quotation, together with any attachments hereto, constitute the entire agreement between the parties with respect to the subject natter hereof; all prior agreements, representations, statements, negotiations, and undertakings are superseded hereby. 20 APPROVAL SIGNATURES Signature by all parties listed below constitutes acceptance of and notice to proceed with this SOW, in accordance with this SOW. This SOW may be executed in one or more counterparts, each of which shall be deemed to be original, and all of which together shall constitute one and the same agreement. A signature delivered by facsimile shall be deemed to be an original signature and shall be effective upon receipt thereof by the other party. This document is approved by: Intergraph Authorized Signature Name: Beth Johnson, Executive Director, U. S. Sales Accounting Date: / e7jtd�l This signed document will be sent to the following address: Intergraph Corporation Attn: John M. Fee 170 Graphics Drive Madison, AL 35758 -88- 20 1 Eli. RA H APPENDIX A: INTERGRAPH CONFIGURATIONS FOR HARDWARE General Notes: 1. This document provides recommended and minimum specifications for required hardware. Specifications are provided for each server - workstation category. 2. New Hardware: The below Recommended specifications reflect technology that is currently considered standard and is routinely available from hardware vendors and is to be specified when purchasing new equipment. 3. Existing Hardware: The below Minimum specifications are intended to serve as a guide for determining whether existing equipment can support a mission critical configuration. CAD and CAD Reports Servers Recommended • Two 3.0 GHz (or better) Quad -core Xeon processors — Number of processors required will vary based on the number of users accessing the CAD database — customers with large user counts may require additional processors • 8 GB Memory — The amount of RAM required will vary based on the number of users accessing the CAD database — customers with large user counts may require additional memory • 6 -146013 15K RPM RAID disk drives — Hard drive size depends on call /report volume and data retention plans — high volume customers may require more and /or larger capacity disks • CD- RW /DVD -ROM Combo drive • Dual 1 Gb NIC Cards • 17" monitor, keyboard and mouse (may be configured one per rack) • Microsoft Windows Server 2003 R2 Standard Edition x64 • See Tape Backup System recommendations below. Minimum Please note that these minimum specs are primarily intended to serve as a guide for determining whether existing customer equipment can support the intended use. When ordering new hardware, the Recommended Specifications above should be used for configuring the system to maximize the useful lifespan of the purchased hardware. • Dual 3.0 GHz (or better) Xeon processors • 4 G13 Memory • 6 -73013 10K RPM RAID disk drives (depending on call /report volume) • CD -ROM drive • Dual 1 OOBaseT network cards • 17" monitor, keyboard and mouse (may be configured one per rack) • Rack or Tower configuration • Microsoft Windows Server 2003 R2 Standard Edition * See Tape Backup System recommendations below. 21 -89- 1 TE H RMS, Interface /Comm Servers, or RMS Report Servers Recommended • Dual 3.0 GHz (or better) Quad -core Xeon processors — Number of processors required will vary based on the number of users accessing the RMS database — customers with large user counts may require additional processors • 4 GB Memory — The amount of RAM required will vary based on the number of users accessing the RMS database — customers with large user counts may require additional memory • 6 -146GB 15K RPM RAID disk drives -- Hard drive size depends on call /report volume and data retention plans — high volume customers may require more and /or larger capacity disks — For Interface /Comm servers, the number of drives may be reduced to 2 • CD- RW /DVD -ROM Combo drive • Dual 1Gb NIC Cards • 17" monitor, keyboard and mouse (may be configured one per rack) • Microsoft Windows Server 2003 R2 Standard Edition - RMS and Interface /Comm Servers should only be configured with 32 -bit versions of Microsoft Windows Server 2003 R2 - Note: If implementing a clustered solution (MSCS Active /Passive Cluster), two servers are required. Each of the servers should be configured with the Microsoft Windows Server 2003 R2 Enterprise Edition operating system. In addition, an external storage array (e.g. SAN, external SCSI storage, etc.) and the hardware necessary to connect it to the two servers must be included in the solution configuration. Note: If proposing SQL Server 2005 as the RDBMS for the RMS server, it is recommended that Enterprise Edition be proposed due to the database maintenance capabilities it provides. * See Tape Backup System recommendations below. Minimum Please note that these minimum specs are primarily intended to serve as a guide for determining whether existing customer equipment can support the intended use. When ordering new hardware, the Recommended Specifications above should be used for configuring the system to maximize the useful lifespan of the purchased hardware. • Dual 3.0 GHz (or better) Xeon processors • 2 GB Memory • 6 -73GB 10K RPM RAID disk drives (depending on anticipated RMS records volume) • CD -ROM drive • Dual 100BaseT network cards • 17" monitor, keyboard and mouse (may be configured one per rack) • Rack or Tower configuration • Microsoft Windows Server 2003 R2 Standard Edition — If implementing a clustered solution (MSCS Active /Passive Cluster), please see the notes above. * See Tape Backup System recommendations below. -90- 22 NTERGRAPH Tape Backup Systems for CAD and RMS Servers (Including: Interface/Comm, and Report Servers) These recommended specifications reflect technology that is currently considered standard and is routinely available from hardware vendors. These specifications detail a configuration that should be specified when purchasing new equipment. This system provides a dual drive, 800 GB capacity with LTO -3 drives and a backup speed of 576GB /hr, which is rack mounted and optimized. Recommended • Dell PowerVault 114T Dual Drive LTO -3 Note: This dual tape /backup system will support a standard CAD / RMS configuration thus only one system is required per implementation. Workstations for I/Dispateher, I /Calltaker Recommended • One — Dual -core Intel processor • 2 GB Memory • 80GB disk drive • Dual 21" Flat Display (CRT) Monitors or Dual 19" Flat Panel Monitors • Multiple Monitor Support • Monitor Sound Bar or External Speakers • CD -ROM drive • Single 1 Gb NIC Card • Microsoft Windows XP Professional • Microsoft Windows Vista (Certified for CAD V8.1.0 and later) - If deploying in a combined CAD /RMS environment, consideration should be given to configuring the CAD workstations with Windows XP Professional to provide operating system consistency across the client workstations. 1/LEADS support for Windows Vista is in 1 /LEADS version 8.2.0 and above. A mixed operating system environment (CAD clients on Vista, LEADS clients on XP) is a viable and supported configuration. • Tower configuration Minimum Please note that these minimum specs are primarily intended to serve as a guide for determining whether existing customer equipment can support the intended use. When ordering new hardware, the Recommended Specifications above should be used for configuring the system to maximize the useful 1ifespan of the purchased hardware. • One — 3.00 GHz Pentium 4 processor • 1 GB Memory • 40GB disk drive • Dual I9" Flat Display (CRT) Monitors or Dual 17" Flat Panel Monitors • Multiple Monitor Support 23 -91- INTERE i • External Speakers • CD -ROM drive • 100BaseT network card • Microsoft Windows XP Professional • Tower or Desktop configuration Workstations for I /LEADS, I /RecordsExplorer, I /NetViewer, I/NetDispatclrer Recommended • One — Dual -core Intel processor • 2 GB Memory • 80GB disk drive • Single or dual 21" Fiat Display (CRT) or 19" Flat Panel Monitor(s) • CD -ROM drive • Single IGb NIC Card • Microsoft Windows Vista (for I/NetViewer,l/NetDispatcher) • Microsoft Windows XP Professional (for I/LEADS, I /RecordsExplorer) - I /LEADS V8.1.0 and earlier releases do not support Microsoft Windows Vista. l /LEADS support for Windows Vista is in I /LEADS version 8.2.0 and above. A mixed operating system environment (CAD clients on Vista, LEADS clients on XP) is a viable and supported configuration. • Tower configuration Minimum Please note that these minimum specs are primarily intended to serve as a guide for determining whether existing customer equipment can support the intended use. When ordering new hardware, the Recommended Specifications above should be used for configuring the system to maximize the useful lifespan of the purchased hardware. • One — 3.0 GHz Pentium 4 processor • I GB Memory • 40GB disk drive • Single 1 7" Hat Display (CRT) • CD -ROM drive • 100BaseT network card • Microsoft Windows XP Professional • Tower or Desktop configuration _92_ 24 I ERG H Mobile Data Computers — Laptops Recommended • IBM PC compatible • 2.8GHz Pentium P4 processor • 2 GB of RAM • 80 GB hard drive • RS -232 for radio connection and also for AVL if desired • I024X768 resolution display with Vista - capable graphics card • Microsoft Windows XP Professional • Microsoft Windows Vista (Certified for 1 /Mobile V8.1.0 and later) Minimum Please note that these minimum specs are primarily intended to serve as a guide for determining whether existing customer equipment can support the intended use. When ordering new hardware, the , Recommended Specifications above should be used for configuring the system to maximize the useful lifespan of the purchased hardware. • IBM PC compatible • 533 MHz Pentium P4 processor or better • 512 MB of RAM • 10 GB hard drive • RS -232 for radio connection and also for AVL if desired. • 600x800 resolution display (Note: GUI design based on 1024X768 resolution — will be less effective on a reduced resolution) • Microsoft Windows XP Professional 25 -93- NH Servers for Citrix Clusters (for providing the 1 /LEADS client to the mobile environment or remote sites) Recommended • Two 3.0 (or better) GHz Dual -core Xeon processors • 4 G13 Memory - The amount of RAM required will vary based on the number of users accessing the RMS database -- customers with large user counts may require additional memory • 2 -730B I SK RPM RAID disk drives • CD- RW /DVD -ROM Combo drive • Dual 1 Gb NIC Cards • Rack Mounted • Microsoft Windows Server 2003 R2 Standard Edition Note: No RDBMS is required on servers intended to host Citrix GPS Units Note: Intergraph AVL products only support the TAIP or NMEA protocols. Devices that support one of these protocols should be compatible with I /Tracker. If considering a GPS device not in the ' recommended list below, please ensure that it supports either TAIP or NMEA. Recommended • TrimFleet DRU (Dead Reckoning Unit) Plus o TrimFleet DRU Plus cable kit o GPS antenna bundle with cable and connectors o Requires Modem • Sierra - Wireless MP Series o Includes Modem • Panasonic ToughBook PC o When configured with integrated GPS and Modem -94- 26 1NTERGaH Backup CAD or RMS Servers Recommended Since these backup servers are often intended to support the full production load in the event of a total failure at the primary site, these servers should be configured identically to their production counterparts. Test and /or Training CAD or RMS Servers Recommended Configure the test /training servers identically to their production counterparts. Minimum Configure the test/training servers with half the capacity as the production servers — half as many processors, RAM, and disk space. Six hard drives should still be configured, but each drive should have half the capacity as the ones in production. By reducing the processors, RAM, and disks, a lower -end server than that in production can usually be proposed — e.g. Dell 6800 to a Dell 2950, HP ML570 to HP ML370. CAD Test servers should be configured with 64 -bit Windows Server and RDBMS. Test and /or Training Interface/Communications Servers (For use in situations requiring reduced capacity where we have previously proposed a "high -end workstation" and where minimal data storage is required) Best Practice • Basic, rack mounted server — e.g. Dell PowerEdge 1950, HP DLI 40 • Single 2.8GHz/2MB Cache Dual -core Xeon Processor • 1 GB RAM • 146 GB 10K RPM Hard Drive • 100BaseT NIC • CD -ROM Drive • Windows Server 2003 R2 Standard Edition 27 -95- 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 22. 2009 AGENDA ITEM: Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School District for the Foy H. Moody Science and Health Center Business & Professional Academy's Criminal Justice Internship Program. ISSUE: Moody High School wishes to partner with the City of Corpus Christi to initiate a Criminal Justice Internship program for 12th grade students. The students would intern at various departments in the City relating to their chosen field of study, including the Police, Aviation (Public Safety), Municipal Court, and Parks and Recreation departments. These are unpaid intemships that will count towards their graduation requirement. Approximately eight students will be participating this year. Due to the amount of interest expressed by city departments, the students will be rotating among the various departments for three to six month intervals, allowing them to expand their experience in the different areas of law enforcement. These unpaid internships will help the students meet a graduation requirement, as well as provide valuable experience in their field of study. The term of the agreement is through September 1, 2010. Please see the attached Interlocal Cooperation Agreement for more details on the terms of the agreement. REQUIRED COUNCIL ACTION: Approval of the interlocal cooperation agreement. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the interlocal cooperation agreement. h'/ fer <• A eYR. Escobar y Manager `angele @cctexas.com 361.826.3220 Attachments Interlocal Cooperation Agreement Resolution CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT Corpus Christi, Texas INTERLOCAL AGREEMENT BETWEEN CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND CITY OF CORPUS CHRISTI This Interlocal Cooperation Agreement ( "Agreement ") is made by and between the Corpus Christi Independent School District, a political subdivision of the State of Texas (hereinafter referred to by name or as the "District "), and the City of Corpus Christi, (hereinafter referred to by name or as the "City "). In consideration of the mutual promises set forth below, the parties agree as follows: SECTION 1. PURPOSE. The purpose of this Agreement is to define the affiliation between the Corpus Christi Independent School District, on behalf of the Foy H. Moody Science and Health Center, Business & Professional Academy ( "Moody "), and the City of Corpus Christi, a municipal entity, regarding the education and training of District students participating in the Criminal Justice Student Internship program. SECTION 2. TERM. The term of this Agreement begins on upon the execution of this document by the parties, and will continue in full force and effect until September 1, 2010, unless- terminated by either party pursuant to the provisions of this Agreement. The Agreement shall automatically renew for two year terms unless either party terminates the agreement. SECTION 3. FUNDS. Each party which performs services or expends revenues under this Agreement shall do so with funds available from its current revenues. SECTION 4. INTERLOCAL COOPERATION ACT. The parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. This Agreement is made pursuant to Chapter 791 of the Texas Government Code. SECTION 5. INDEPENDENT CONTRACTOR RELATIONSHIP In the performance of the activities hereby contemplated, the City is an independent contractor, and neither the City, nor the principals, partners, employees, students, or subcontractors of the City, shall be deemed servants, agents, or employees of the District. Likewise, no employee, student, or agent of the District shall be deemed an employee or agent of the City for the purposes of this Agreement. SECTION 6. JOINT RESPONSIBILITIES OF BOTH PARTIES. The District and the City shall each have a distinct yet cooperative responsibility for the education of each student participating in the program. Further, the District and the City will agree on the number of students in the internship, with consideration given to the number of departmental sites available. The parties also agree to participate in continued communication between them to provide optimum experience for student learning. SECTION 7. SPECIFIC RESPONSIBILITIES OF THE CITY. The City agrees to assume the following responsibilities pursuant to this Agreement: 1. Permit District students to observe and /or assist in departmental routines and procedures under the direct supervision of licensed or qualified employees of the City; 2. Assist the District's program by providing, through its supervisory personnel, assistance with task sheets and attendance and evaluation sheets, at intervals to be agreed upon by the parties; 3. Evaluate and counsel students with regard to performance; 4. Orient instructor and students to the City's facilities, policies, and procedures; and 5. Provide progress reports as needed if there are areas of concern regarding a student's attitude or performance; the City retains the right to request reassignment or denial of participation of a student intern in written form to District program coordinator. SECTION 8. SPECIFIC RESPONSIBILITIES OF MOODY INSTRUCTORS. Pursuant to this Agreement, Moody agrees to the following responsibilities: 1. Instruct student interns to abide by the policies of the City; 2. Obtain completed confidentiality forms from the student interns; 3. Assume responsibility for administrative actions related to students, task attendance, and evaluation sheets; 4. Assign students to specific areas of the department; 5. Actively communicate with personnel of all departments and students to coordinate the program; 6. Provide personnel with learning objectives for students in each rotation area; 7. Require students to be properly attired when reporting for the office experience; 8. Instruct the parents and students that if a student is injured on any of the City's premises, the student and parent will be fully responsible for payment of expenses for treatment and care provided to the student during the performance of activities under this Agreement. To the extent permitted by law, the City shall be covered by full indemnification against all claims from students or instructors using City facilities during intern program, but nothing in this provision shall constitute a waiver of either party's immunity or other defenses because of each party's status as a Texas local government unit; 9. All instructors and students are required to comply with background checks and drug tests as required by the specific City departments to which the interns shall be assigned. Drug testing will be performed by the City's drug testing facility at City expense. Specific drug test required is the standard SAP10 non -dot. 10. Obtain completed waiver of liability form from the student interns and their parents. SECTION 9. TERMINATION. This Agreement may be terminated by either party by giving the other party a minimum of thirty (30) days written notice of such termination, provided, however, that said termination must occur at the end of a semester to minimize the impact upon the participating students. Notice of termination of this Agreement before the end of its term shall not relieve either party of its obligation to perform under the contract, or respective liabilities under the contract, until termination occurs. SECTION 10. LIABILITY. Each party to this Agreement will be responsible for any civil liability for its own actions under this Agreement, except that nothing in this provision shall constitute a waiver of either party's immunity or other defenses because of each party's status as a Texas local government unit. Neither party shall be responsible to the other for personal injuries, loses, claims, or demands, if any, caused by the acts or omissions of such party's own officer's agents, and employees. The liability, if any, of either party shall be that prescribed by the laws of the State of Texas. SECTION 11. ASSIGNMENT Neither this Agreement nor any duties or obligations hereunder shall be assignable by either party without prior written consent of the other party. SECTION 12. GOVERNING LAW AND VENUE The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Texas. Any legal action brought in state court shall have venue in Nueces County, Texas. SECTION 13. ENTIRE AGREEMENT This Agreement supersedes any and all other agreements, either oral or written, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter which is not contained herein shall be vaA or binding. SECTION 14. AMENDMENT This Agreement may be amended by the mutual agreement of the parties hereto in writing and incorporated into this Agreement. Any such amendment must be signed by the duly appointed representative of each party. SECTION 15. LEGAL CONSTRUCTION In case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. SECTION 16. EQUAL OPPORTUNITY. The parties shall provide all services and fulfill all obligations associated with the subject matter of this Agreement in compliance with the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972 (34 C.F.R. § 106, et seq.), and all other applicable anti- discrimination laws. SECTION 17. CONFIDENTIAL RECORDS AND INFORMATION In the carrying out of the terms of this Agreement, the City may, from time to time, have access to confidential information and documents contained in, or which constitute, education records of students enrolled in the District. The City shall not, without written parental consent, release or disclose to the public or any third party information or records regarding any District student that is confidential in nature. The parties shall take all reasonably necessary steps to ensure that the student information and records are viewed only by authorized representatives of the City for the permissible uses stated herein. Said information is considered confidential, and shall not be used by the City for private purposes. The City acknowledges that the unauthorized release of confidential student information or education records may subject the individual or entity to criminal or civil penalties. Accordingly, the City and its employees will comply with the requirements of the Family Educational Rights and Privacy Act (F.E.R.P.A. - see 20 U.S.C. § 1232g and 34 C.F.R. § 90, et seq.). the City further agrees that any confidential information it obtains regarding any District student will be returned to the District or destroyed by the City, as appropriate, after the need for such information ceases to exist. Such confidential student information and records shall only be used for educational purposes. SECTION 18. NOTICES All written notices provided to the parties pursuant to this Agreement shall be forwarded to each party at the address indicated below. Such notices shall be considered duly and properly —t03— given when delivered in person or actually received by either party via U.S. mail or any other delivery service provider. For THE CITY OF CORPUS CHRISTI: Rebecca Huerta Assistant to City Manager 1201 Leopard Street Corpus Christi, TX 78401 For District With copy to: Mr. Conrado Garcia Principal, Foy H. Moody High School Corpus Christi Independent School District 1818 Trojan Drive Corpus Christi, Texas 78416 CORPUS CHRIST INDEPENDENT SCHOOL DISTRICT P.O. Box 110 801 Leopard Street Corpus Christi, Texas 78403 -0110 WHEREAS, the parties hereto agree to the terms of this Interlocal Agreement as set forth above, the duly designated representatives of the Corpus Christi Independent School District and the CITY OF CORPUS CHRISTI hereby execute this Agreement, subject to authorization or ratification by their governing bodies, if required by law. The parties hereto acknowledge that they have read this Agreement, understand its contents, and agree to be bound by the terms and conditions of this agreement CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: D. Scott Elliff (l Superintendent of Schools Approved as to Legal Form for CCISD: Date:-/(71"-a, By: 49"42'..": Date: Sept.10, 2009 Philip D. Fraissinet Attorney for CCISD Reviewed and Approved for Purchasing Compliance By: Date: cifiev a7 B .M. Director for Purchasing and Distribution CITY OF CORPUS CHRISTI By: Date: Angel R. Escobar, City Manager Approved as to form: By: oke,,v.%s Lisa Aguilar() ssistant City Attorney Date: • / V 0 5 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE FOY H. MOODY SCIENCE AND HEALTH CENTER BUSINESS & PROFESSIONAL ACADEMY'S CRIMINAL JUSTICE INTERNSHIP PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School District for the Foy H. Moody Science and Health Center Business & Professional Academy's Criminal Justice Internship Program. A copy of the agreement is on file in the office of the City Secretary. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED:. ', 2009 f Lisa Aguilar () Assistant City Attorney For City Attorney Joe Adame Mayor Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 14 AGENDA MEMORANDUM City Council Action Date: September 22, 2009 SUBJECT: Existing Broadway Plant Requirements Project No. 7414 / CIF No. WW 05 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Pesado Construction of Schertz, Texas, in the amount of $375,650 for the Existing Broadway Plant Requirements for the total base bid. ISSUE: The existing Broadway Wastewater Plant (WWTP) was built in 1936 and is the City's oldest wastewater treatment plant. The plant is beyond its useful service life and must remain operational pending the completion of the new Broadway WWTP in 2012. This project provides critical improvements to extend the existing WWTP services and maintain compliance with TCEQ regulations while the new plant is constructed. The work primarily provides for sludge removal and disposal, replacement of two relift pumps, and concrete rehabilitation to the main raw water intake concrete structure. There are also structural improvements to Clarifier No. 4 steel framing and skirt that are critical to avoid failure of the main components and to allow the plant to continue to meet usage demands. FUNDING: Funding is available through the Wastewater Capital Improvement Program FY 2009. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services 361/826-1801 fostercecctexas. com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Actions Exhibit "C" Bid Tabulation Exhibit "D" Project Budget Exhibit "E" Location Map H• Y. OME' R zcreTeGENIVi.wekn!eAia7a.Easung Ofonawaq Plart R . s:C: "• - -' Pete Anaya, P.E. Director of Engineering Services 361/826-3781 petean(c'cctexas.com —1 1 1 — :1 h!t•.._.1cC AGENDA BACKGROUND INFORMATION SUBJECT: Existing Broadway Plant Requirements Project No. 7414 / CIP No. WW 05 PROJECT DESCRIPTION: This project will provide for the rehabilitation of the existing Broadway Wastewater Treatment Plant to comply with TCEQ regulations and to extend the useful service life of the existing plant for at least four more years while the new Broadway Wastewater Treatment Plant is constructed. The project consists of removing existing sludge from Tanks 1 & 2 and proper disposal to a TCEQ licensed landfill and payment for all fees (West Digester), replacing existing relift pumps 1 & 4 with two (2) 12" Hydroflo H 16MFA 1200 RMP pumps with 50 HP motors, rehabilitating the interior concrete walls of the splitter box to provide added thickness and strength to the walls and provided a pre- fabricated diversion gate to isolate each side of the box, and replacing existing stilling well's frame and skirt on Primary Clarifiers 1 & 2 in accordance with the plans, specifications and contract documents. BID INFORMATION: On August 26, 2009, the City received proposals from three bidders. The bids ranged from $375,650 to $493,888 (see Exhibit "C," Bid Tabulation). The estimated cost of construction is $426,000. City staff and the consultant, LNV Engineering, are recommending awarding the construction contract to Pesado Construction, of Schertz, Texas in the amount of $375,650 for the Existing Broadway Plant Requirements for the total base bid. CONTRACT TERMS: The project is estimated to require 150 calendar days, with completion anticipated in March 2010. PROJECT BACKGROUND: The existing Broadway WWTP was constructed in 1936 and is well beyond its useful service life. A separate project was authorized to construct a new Broadway WWTP on the same site. This new plant is planned for construction to start in December 2009 with completion in 2012. Therefore, the existing plant must remain in service and critical improvements must continue to avoid loss of operations and service. A study was completed to determine and prioritize improvements necessary to provide reliable service and comply with TCEQ regulations until the new plant is fully operational. Each of the components /systems developed under this are critical elements to meet the required capacity of the plant and TCEQ compliance. H: IHOME1Rachelle1GEMWastewater17414- Existing Broadway Plant RequirementsToAs3u2a Agenda Background.doc EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Exic >:ring Broadway Plant Requirements Project No. 7414 / CIP No. WW 05 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) 2. April 14, 2009 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $25,420 for a total re- stated fee of $66,301 for the Existing Broadway Plant Requirements for design, bid, and construction phase services. (Motion No. 2009 -089) PRIOR ADMINISTRATIVE ACTION: 1. August 26, 2008 — Administrative approval of a Small A/E Agreement for Architect/Engineer Consultant Services with LNV Engineering in the amount of $40,881 for the Existing Broadway Plant Requirements project. z O H mJ a O0 f_ 5O m 1 F- F DMB CONSTRUCTION 4722 NEPTUNE CORPUS CHRISTI, TX 78467 TOTAL II PRICE 0 0 o co 1. w $ 44,031.00 $ 56,152.00 o 0 co co. CO w $ 48,862.00 II 0 0 '0j W N w $ 5,000.00 $ 493,888.00 ,I N UNIT PRICE o O o co n 69 $ 44,031.00 $ 56,152.00 0 N co CD M- (9 $ 48,862.00 $ 191.32 0 O O n w RS BLACK CIVIL CONTRACTORS P.O. BOX 6218 CORPUS CHRISTI, TX 78466 TOTAL PRICE 0 o o 00 N w $ 49,000.00 1 $ 26,000.00 $ 27,000.00 0 0 0 0 N » $ 237,500.00 0 o 0 O 10 69 $ 441,500.00 UNIT PRICE $ 21,000.00 $ 49,000.00 $ 49,000.00 $ 26,000.00 1$ 27,000.00 o o o 0 0 n N 69 1 00-061. $ 0 o o 0 0 vi 69 CONSTRUCTION PIPESTONE tTZ, TX 78154 TOTAL PRICE o 0 00 c0') w $ 48,000.00 $ 29,000.00 0 0 r N 69 $ 25,700.00 $ 156,250.00 $ 5,000.00 $ 375,650.00 UNIT PRICE 0o 0 00 ui C9 69 $ 48,000.00 $ 29,000.00 0 0 n0 If) N 69 0 0 o i0. tO N 69 $ 125.00 0 0 0 00 vi 69 ADWAY WWTP REQUIREMENTS PROJECT NO. 7414 DESCRIPTION MOBILIZATION RELIFT PUMP 1 REPLACEMENT RELIFT PUMP 4 REPLACEMENT SPUTTER BOX REHABILITATION 120 SF OF CONCRETE REHAB AND 1 PRE- FABRICATED DIVERSION GATE PRIMARY CLARIFIER 1 STILLING WELL REPLACEMENT PRIMARY CLARIFIER 2 STILLING WELL REPLACEMENT AEROBIC DIGESTER TANKS 1 & 2 1250 CY OF SLUDGE REMOVAL ALLOWANCE FOR DEMOBILIZATION /REMOBILIZATION FOR PRIMARY CLARIFER 1 OR 2 IN THE EVENT IOF A MAJOR RAIN EVENT IITOTAL BASE BID Z M QQ Ti W QQ �l.� J J J (� J O 0 r F .- N M Cr u) CO I. CO —114— PROJECT BUDGET EXISTING BROADWAY PLANT REQUIREMENTS PROJECT NO. 7414 September 15, 2009 FUNDS AVAILABLE: Wastewater CIP (WW 05) FUNDS REQUIRED: Construction (Pesado Construction) Contingencies (10 %) Consultant (LNV Engineering) Reimbursements Misc. (Printing, Advertising, etc.) Total FUNDS REMAINING: $1,575,000.00 $1,575,000.00 $375,650.00 37, 565.00 66,301.00 28,174.00 2,500.00 $510,190.00 $1,064,810.00 EXHIBIT "D" Page 1 of 1 \Mproject \councilexhibits \exh7414. d wg LOCATION MAP NOT TO SCALE PROJECT #7414 EXISTING BROADWAY PLANT REQUIREMENA_ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 9/01/2009 15 AGENDA MEMORANDUM September 22, 20C9 SUBJECT: Rincon Bayou Diversion (Projects No. 8443) Award of Contracts for Monitoring Services AGENDA ITEM: a. Motion authorizing the City Manager, or his designee, to execute a contract with the Conrad Blucher Institute, Texas A &M University— Corpus Christi not to exceed $81,505.00 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2009 -2010. b. Motion authorizing the City Manager, or his designee, to execute a contract with the Harte Research Institute, Texas A &M University— Corpus Christi not to exceed $55,000.00 for Biological Monitoring associated with the Rincon Bayou Diversion Project 2009 -2010. c. Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $75,000.00 for biological monitoring services associated with the Rincon Bayou Diversion Project 2009 -2010. ISSUE: The Texas Commission for Environmental Quality (TCEQ) agreed order requires the City to conduct an on -going monitoring and assessment program to facilitate adaptive management system for fresh water inflows into the Nueces Estuary. FUNDING: Funds for these contracts are available in the Environmental Studies activities of the Water Department's FY2009 -10 adopted Operating Budget. RECOMMENDATION: Approval of the motion as presented. `Gus Gonzalez, 01- P.E. Pete Anaya, P. E. Interim Director of Water Services Director of Engineering Services Attac hments: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Additional Information Prior Council Action Summaries of Contracts Location Map Pogo 1 of 1 H: WOMEWEVt NS1GENIWATERIRINCON12008 .20101Awardmemo.doc —119— ADDITIONAL INFORMATION SUBJECT: Rincon Bayou Diversion Award of Contract for Biological Monitoring Services PROJECT OVERVIEW: Background: The City's overall strategy for Tong -term water supply includes the optimization of the existing freshwater resources in the Nueces River Basin. The current operating plan for the Choke Canyon /Lake Corpus Christi reservoir system includes requirements to provide freshwater inflow to the Nueces Estuary that diminish the dependable water supply for the region. The City completed a two- phased planning study that recommended the potential beneficial re -use of wastewater effluents as a means of enhancing the productivity of the Nueces Estuary that may alleviate part of the need to provide fresh water from the reservoir system. The contracts were undertaken to comply with monitoring and data collection required by the TCEQ as part of the amendment of operating plan to reduce mandatory water releases. This is anticipated to be the final year that these contracts will be in place in response to the agreed order with the exception of continued salinity monitoring by the Conrad Blucher Institute of Texas A &M University — Corpus Chrisiti. PRIOR COUNCIL ACTION: See Exhibit B. FUTURE COUNCIL ACTIONS: This is the first year of reduced monitoring and is anticipated to be the final year for monitoring with the exception of salinity monitoring required by the agreed order. Alan Plummer and Associates has worked with TCEQ to ensure the contracts address the scientific and permitting issues associated with the Rincon Diversion and the Allison WWTP Diversion projects. The City has also received the new EPA Permit for the Allison Wastewater Treatment Plant (WWTP). The new permit allows the City to terminate monitoring of the Allison WWTP discharge diversion into the Rincon Delta. The main thrust of the current contracts is: • continuation of the monitoring specifically required by the TCEQ agreed order; and • compilation of collected data into an integrated usable data base. The contracts will provide for creation of an interpretive summary, which integrates the results from all of the researchers. The data will be published for use by the Nueces Bay, Corpus Christi Bay Stakeholders, BBEST, and Senate Bill 3 program. The City may elect to cease monitoring at any time which is permitted by termination clauses in these contracts. EXHIBIT A Page 1 of 2 H:\HOME \KEVINS \GEN\ WATER \RINCON \2009- 2010\AWDBKGEll -doc CONSULTANTS INFORMATION: The Center for Coastal Studi =es (^CS) will conduct monitoring Rincon Bayou Diversion Project for the duration of the Project in accordance with the parameters established by the City and the TCEQ. Their contract is being administratively authorized as their scope and fee does not require Council authorization. he Conrad Blucher Institute as part of the Division of Nearshore Research has conducted salinity and freshwater inflow monitoring for the City during prior monitoring periods will do the monitoring during 2009 -2010. The Harte Research Institute conducted benthic sampling and collection of phytoplankton, water nutrients, salinity and temperature and compare biomass, abundance, density, diversity and species distribution for relevant changes in water quality and sediment grain size. Harte Research Institute hired the principal that previously conducted this portion of the monitoring program at UTMSI. UTMSI monitored phytoplankton biomass, biochemistry, water physical and chemical characteristics, species composition and changes in type of vegetative communities. These components of the work program will continue to be conducted by principals that have previously conducted this monitoring. H: \HOME \KEVINS \GEN\ WATER \RINCON 2009- 2010\4WDBKG c ib1'tt.doc EXHIBIT A Page 2 of 2 PRIOR COUNCIL ACTIONS 1. April, 1991 and April 1992. Approval of participation with the Port Authority, Corpus Christi Board of Trade, and the Texas Water Development Board (including partial funding) in the Nueces Estuary Regional Wastewater Planning Study, Phase I in April, 1991 ($25,000 of $150,000) and Phase II in April, 1992 ($79,000 of $258,000). 2. January, 1994. Approval of the Capital Improvement Program which included an Effluent Return Flows Pilot Project to evaluate the potential for meeting the requirement for water releases into the Bay Estuaries using wastewater diversion in lieu of freshwater releases. 3. March 1, 1994. Award of a contract in the amount of $117,500 to the joint venture of Urban Engineering and Govind & Associates for engineering services associated with the construction of an Effluent Diversion Demonstration Project (M94 -051). 4. September 26, 1995. Acceptance of an easement for a 28.109 acre effluent diversion site, a 1.019 acre pipeline easement, and a 25 foot wide temporary construction easement from Mr. O.S. Wyatt in connection with the Effluent Diversion Demonstration Project in return for the construction of a 2.5 inch water pipeline valued at $48,500 for livestock watering purposes (M95 -284). 5. October 15, 1996. Award of a contract in the amount of $18,850 to the Conrad Blucher Institute and the Center for Coastal Studies at Texas A &M University - Corpus Christi for continuous salinity monitoring in the Nueces Bay (M96 -332) 6. November 19, 1996. Award of a contract for consulting services with the Marine Sciences Institute of the University of Texas at Austin for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay in the amount of $70,000 (M96 -348). 7. April 8, 1998. Acceptance of an Access Easement valued at $15,000 from Mr. John S. McGregor for access over a 20 -foot wide road for the purpose of constructing and operating a dispersal facility (M97 -73). 8. April 8, 1998. Award of contract in the amount of $825,621 with West Oaks Constructors, Inc. for construction of the Allison WWTP /Nueces Estuary Effluent Diversion Demonstration Project. 9. November 24, 1998. Award of contracts for consulting services: a. in the amount of $52,500 with the Center for Coastal Studies (CCS) for Ecological /Biological Monitoring of Treated Wastewater Diversions in the Rincon H: \HOME \KEVI NS \GEN\ WATER \RINCON\ 2009- 2010\AwdPriorActionsExhB.doc —122— Exhibit B Page 1 of 6 Delta and Nueces Bay (M98 -398): b. in the amount of $90,500 with the Conrad Blucher Institute (CBI) for On -Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M98- 3'v'9); and c. in the amount of $84,500 with the University of Texas Marine Sciences Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay. institute (UTMSI) for Biological Monitoring of the Effects of Wastewater (M98 -400). 10. September 28, 1999. Award of Amendment No. 1 for consulting services: a. in the amount of $55,500 with the Center for Coastal Studies (CCS) for Ecological /Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M99 -337); b. in the amount of $85,784 with the Conrad Blucher Institute (CBI) for On -Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M99 -338); and c. in the amount of $93,484 with the University of Texas Marine Sciences Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay. Institute (UTMSI) for Biological Monitoring of the Effects of Wastewater (M99 -339). 11. October 10, 2000. a. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the Center for Coastal Studies in the amount of $53,672 for Ecological /Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M2000 -360). b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the Conrad Blucher Institute in the amount of $86,286 for On -Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M2000 -361). c. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the contract for consulting services with the University of Texas Marine Sciences Institute in the amount of $110,953 for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay (M2000 -362). 12. Motion authorizing the City Manager, or his designee, to execute a contract for consulting services with Alan Plummer and Associates, Inc., of Austin, Texas, in the amount of $45,920 for Analysis, Evaluation and Report Preparation required by Texas Natural Resource Conservation Commission discharge permit related to the Wastewater Effluent Diversions in the Rincon Delta and Nueces Bay (M2000 -363). 13. March 13, 2001— Motion authorizing the City Manager, or his designee, to execute an engineering services contract in the amount of $40,000 with HDR Engineering for services related to the Re- Opening of the Rincon Overflow Channel and the construction of a pipeline from the Calallen Reservoir to the Nueces Delta for a price to be negotiated (M2001 -106). Exhibit B Page 2 of 6 H:\ HOME \KEVINS \GEN\ WATER \RINCON\ 2009- 2010\AwdPriorActionsExhB.doc —123— 14. July 17, 2001 - Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $74,300 with Gallager Construction for the Rincon Diversion Project— Nueces Overflow Channel (M2001 -273). 15. October 23, 2001 - Motion authorizing the City Manager, or his designee, to execute a consulting contract in the amount of $104,500 with Alan Plummer Associates, Inc., for Nueces Delta Monitoring Program, Program Coordination, and Report Integration Services (Rincon Bayou Diversions) (M2001 -402). 16. November 13,2001 — a. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the Center for Coastal Studies in the amount of $71,170 for Ecological /Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay (M2001 -421). b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the Conrad Blucher Institute in the amount of $87,470 for On -Going Salinity Monitoring in the Rincon Delta and Nueces Bay (M2001 -422). d. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the contract for consulting services with the University of Texas Marine Sciences Institute in the amount of $173,664 for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay (M2001 -423). 17. June 25, 2002 - Motion authorizing the City Manager, or his designee, to execute a contract and to ratify services provided by the University of Texas Marine Sciences Institute, in an amount not to exceed $118,192 for biological monitoring services associated with the Rincon Bayou Diversion Project (M2002 -179). 18. November 19, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $165,748 for biological monitoring services associated with the Rincon Bayou Diversion Project (M2002 -398). 19. September 30, 2003 — a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A &M University — Corpus Christi not to exceed $103,000 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project (M2003 -352) b. Motion authorizing the City Manager, or his designee, to execute a contract with the Division of Nearshore Research, Texas A &M University— Corpus Christi not to exceed $104,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project (M2003 -353) c. Motion authorizing the City Manager, or his designee, to execute a contract with the Alan Plummer Associates, Inc. of Austin, Texas not to exceed $139,710 for: • Assistance with Allison Effluent Diversion Demonstration Project Studies and Reports; H: \HOME \KEVINS \GEN\ WATER \RINCON\ 2009- 2010\AwdPriorAmtlo x1B.doc Exhibit B Page 3 of 6 • Support of Rincon Bayou Diversions Studies; • Coordination of Studies for the Effluent Diversion Demonstration Project and the Rincon Bayou Diversions Project; and • Assistance with Nueces River Basin Feasibility Study (M2003 -354). 20. November 18 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to a contract with the University of Texas Marina, Sciences Institute, in an amount not to exceed $191,545 for biological monitoring services associated with the Rincon Bayou Diversion Project (M2003 -415). 21. November 9, 2004 — a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A &M University — Corpus Christi not to exceed $111,000 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2004 -2005 (M2005 -406). b. Motion authorizing the City Manager, or his designee, to execute a contract with the Division of Nearshore Research, Texas A &M University— Corpus Christi not to exceed $104,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2004 -2005 (M2004 -407). c. Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $228,296 for biological monitoring services associated with the Rincon Bayou Diversion Project 2004 -2005 (M2004 -408). 22. October 11, 2005 — a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A &M University — Corpus Christi not to exceed $114,875 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2005 -2006 (M2005 -344). b. Motion authorizing the City Manager, or his designee, to execute a contract with the Division of Nearshore Research, Texas A &M University— Corpus Christi not to exceed $112,550 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2005 -2006 (M2005 -345). 23. October 25, 2005 - Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $264,247 for biological monitoring services associated with the Rincon Bayou Diversion Project 2005 -2006 (M2005 -369). 23. July 25, 2006 - Motion authorizing the City Manager, or his designee, to execute a contract with the Alan Plummer Associates, Inc. of Austin, Texas not to exceed $135,000 for consulting services necessary to assist in the coordination and review of various activities affecting the Nueces Delta (M2006 -238). 24. October 10, 2006 — a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A &M University — Corpus Christi not to H:\ HOME \KEVINS \GEN\ WATER \RI NCON\ 2009- 2010\AwdPriorAeii3r26t8.doc Exhibit B Page 4 of 6 exceed $149,940.68 forAmmonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2006-2007 (M2006-327). b. Motion authorizing the City Manager, or his designee, to execute a contract with the Division of Nearshore Research, Texas A&M University- Corpus Christi not to exceed $114,844.00 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2006-2007 (M2006-328). c. Motion authorizing the City Manager, or his designee, to execute a contract with the Harte Research Institute, Texas A&M University- Corpus Christi not to exceed $58,500.00 for Biological Monitoring associated with the Rincon Bayou Diversion Project 2006-2007 (M2006-329). d. Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $207,764.00 for biological monitoring services associated with the Rincon Bayou Diversion Project 2006-2007 (M2006-329). 25. October 16. 2007 - a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A&M University -Corpus Christi not to exceed $159,959.00 forAmmonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2007-2008 (M2007-262). b. Motion authorizing the City Manager, or his designee, to execute a contract with the Division of Nearshore Research, Texas A&M University- Corpus Christi not to exceed $122,181.00 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2007-2008 (M2007-263). c. Motion authorizing the City Manager, or his designee, to execute a contract with the Harte Research Institute, Texas A&M University- Corpus Christi not to exceed $58,500.00 for Biological Monitoring associated with the Rincon Bayou Diversion Project 2007-2008 (M2007-264). d. Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $188,231.00 for biological monitoring services associated with the Rincon Bayou Diversion Project 2007-2008 (M2007-265). 26. November 11, 2008 - a. Motion authorizing the City Manager, or his designee, to execute a contract with the Center for Coastal Studies, Texas A&M University -Corpus Christi not to exceed $167,882.57 forAmmonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2008-2009 (M2008-309). ' b. Motion authorizing the City Manager, or his designee, to execute a contract with the Division of Nearshore Research, Texas A&M University- Corpus Christi not to exceed $116,719.00 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2008-2009 (M2008-310). c. Motion authorizing the City Manager, or his designee, to execute a contract with the Harte Research Institute, Texas A&M University- Corpus Christi not to exceed $59,383.00 for Biological Monitoring associated with the Rincon Bayou Diversion Project 2008-2009 (M2008-311). d. Motion authorizing the City Manager, or his designee, to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed Exhibit B Page 5 of 6 H:IHOME\KEVI NSIGENIWATERIRINCON\2009-2010WwdPriorPret~g'~6xFrB.doc $188,21 5.00 for biological monitoring services associated with the Rincon Bayou Diversion Project 2008 -2009 (M2008 -312). ADMINISTRATIVE ACTIONS: In Process: Administrative execution of a contract: with the Center for Coastal Studies, Texas A &M University — Corpus Christi not to exceed $40,000.00 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2009 -2010. H:\ HOME \KEVINS \GEN\ WATER\ RINCON12009- 20101AwdPriorAr,427 ha.doc Exhibit B Page 6 of 6 CONTRACT SUMMARY The City of Corpus Christi, Texas, hereinafter called "City ", and the Conrad Blucher Institute (CBI) at Texas A &M University - Corpus Christi, hereinafter called "CBI ", hereby agree as follows: SERVICES TO BE PERFORMED CBI hereby agrees to perform all consulting services necessary to plan, develop, undertake, complete, and report the results of a study for ongoing salinity monitoring efforts in the Nueces Estuary consisting of four salinity monitoring stations and one tidal /meteorological monitoring station in the Nueces River, Bay, and Rincon Delta. II. SCOPE OF SERVICES CBI's services will be those necessary to provide the monitoring required deliver an annual written report corresponding to station service including: • change of Hydrolab instruments with a freshly calibrated unit every 2 weeks; • report of all stations readings of salinity and water temperature, with some units also reporting dissolved oxygen, Ph and water depth; • making all data available in graphical and tabular format on the CBI website (http: / /dnr.cbi.tamucc.edu /data) within one hour of the time data were collected; and • making available printable electronic monthly progress reports on the DNR website (http: / /drn.cbi.tamucc.edu /projects /nueces). CBI will complete the tasks set forth by Section II.A. A. TASKS CBI will complete the following tasks: Nueces Bay Salinity Monitoring — Freshwater Inflow CBI will conduct Nueces Bay salinity monitoring two (2) monitoring platforms in the bay, one near Whites Point (SALT03) and the other mid bay, near the CPL (AEP) power lines (SALT01), one station in the Nueces River (SALT05), and another in the delta (SALT08). Parameter measured by CBI will include salinity, conductivity, dissolved oxygen, water temperature, and pH. Station Salt 05 parameters will include salinity, water temperature and water depth only. This is an ongoing project originating in the fall of 1991. The stations are placed in such a manner to track fresh water inflows into Nueces Bay using salinity levels and the indicator. Relief for required freshwater releases may be taken by the City if the salinity levels in Nueces Bay fall below the Upper Salinity Bounds. A daily running report ( http: / /lighthouse.tamucc.edu /salrel) produced by CBI shows the current freshwater relief status. Nueces Delta Diversion Project— Freshwater Inflow CBI will monitor salinity and water level is monitored at SALT08 near the mouth of the Rincon with support from CBBEP, CBI will continue to maintain SALT08, at the mouth of the Rincon Bayou. SALT08 was sponsored by the City. Parameters measured at station Salt08 will consist of salinity, water temperature, and water depth only. The Rincon Diversion Project resulted in excavation of a channel to allow water during high flow events to pass from the Nueces River into the Rincon Delta. The next phase of the Rincon Diversion Project will result in pipeline and pump station to provide flows into the Rincon Delta during low and normal flow conditions on the Nueces River. UTMSI and CCS are presently conducting long -term biological studies of the effects of this diversion. Data from SALT08 is necessary to support studies by UTSMI and CCS. Nueces Bay Tidal and Meteorological Station The Texas Coastal Oceanic Observation Network (TCOON) operates a tidal /meteorological station (011) in the upper part of Nueces Bay at Whites Point. CBI will use precise water level measurements from this station as a reference for work by the others in the various projects in the bay, river, and delta. Station Service And Maintenance CBI will exchange freshly calibrated Hydrolab units with units on station every other week. CBI will provide post calibration and preparation units for future service. All salinity and dissolved oxygen stations consist of a Hydrolab water quality sonde, a radio, modem, and 12 volt solar power system. CBI may separately contract a maintenance agreement to ensure the continued reliability of the Hydrolab. The maintenance agreement must ensure that the instruments deployed are as good as, or better, than factory standards. Data Collection CBI will program a computer to poll each station every half hour. Five measurements will be obtained from each instrument, which are then averaged. CBI will place the hourly averages into the database and be -128- Exhibit C -1 Page 1 of 2 reported on the DNR web site. Daily salinity reports are produced showing the running ten and seven day averages as well as the daily average ( http:// lighthouse.tarnucc.edu /sairpt). Monthly salinity in relation to the Upper and Lower Salinity bounds is found at http : / /dnr.cbi.tamucc.edu /salrel, which is used to determine if the City may take credit from freshwater release frcm the storage facilities. Instrument Calibration CBI will ensure all calibration standards used are NIST traceable, and purchased from a qualified instrument maintenance company, CBI will use calibration and post- caiibration methods established by the manufacturer of Hydrolab. All calibration and post- calibration records are available on the DNR website, http : / /dnr.cbi.tamucc.edu /calib. CBI will maintain an instrument maintenance agreement with a qualified instrument maintenance firm for each Hydrolab. Each unit will be annually inspected and refurbished. All components of the instrument will be covered under the warranty agreement and replaced as needed. Replacement of Hydrolab Equipment CBI will replace one (1) Hydrolab stations including new battery packs, sensors and related equipment. Collaboritive Monitoring CBI will provide data to support those research efforts currently being done by CCS, the Harte Institute, UTMSI, and the City. III. FEES AUTHORIZED The City will pay CBI a fixed fee not to exceed $81,505 for providing all services for 2009 -2010. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section II. Invoices will be submitted to the Director of Engineering Services. Invoices will be submitted no more frequently than once per month for services rendered. All invoices shall be accompanied by a cover letter summarizing project status and the tasks undertaken during the time period covered by the invoice. Invoices will be based on the budget attached as Exhibit A. Invoices will be sequentially numbered for each project, state the project name (Rincon Bayou Diversion Project — Salinity and Fresh Water Inflow Monitoring — 2009 -2010) and City project number (8443). The letter shall state the number of the current invoice, the total authorized fee, the amount previously invoiced, and the current amount due. Statements will be based upon percent of project completed. However, a final payment of $3,500 will be retained until delivery of the final report. Exhibit A contains a detailed breakdown of the project budget for 2009 -2010. Budget -129 - H:\ HOME \KEVINS \GEN\ WATER \RINCON \2009- 2010\AwdSumExhC -1.doc Exhibit C -1 Page 2 of 2 FEES 2009 -2010 Salaries & Benefits 51,493.00 Equipment/Maintenance 8,800.00 Travel Pool 5,000.00 Other 6,100.00 Indirect 10,112.00 Total 81, 505.00 -129 - H:\ HOME \KEVINS \GEN\ WATER \RINCON \2009- 2010\AwdSumExhC -1.doc Exhibit C -1 Page 2 of 2 CONTRACT SUMMARY The City of Corpus Christi, Texas, hereinafter called "City ", and the Harte Research Institute at Texas A &M University - Corpus Christi, hereinafter called "Harte ", hereby agree as follows: SERVICES TO BE PERFORMED Harte hereby agrees to perform all consulting services necessary to plan, develop, undertake, complete, and report the results of a study for: • Biological monitoring at three (3) locations as described in the "Research Contract Proposal titled "Rincon Bayou Diversion Project, Biological Monitoring: 2009 -2010 dated August 18, 2008" attached as Exhibit A. II. SCOPE OF SERVICES HARTE's services will be those necessary to provide the monitoring required deliver an annual written report corresponding to the major tasks outlined in the Research Proposal dated August 11, 2009. Harte will complete the tasks set forth by Section II.A as set forth in the research proposal attached as Exhibit A. A. TASKS The monitoring will assist in the: • Determination of whether any harm occurs as the result of freshwater diversion from the Nueces River into Rincon Bayou; • Assessment of the benefits of the diversion on primary and secondary productivity in Rincon Bayou; and • Development of an optimal operational management procedure for freshwater pass- through based on sound scientific basis. Tasks to be completed include monthly: • Water column hydrography (salinity, temperature, and dissolved oxygen concentrations) will be measured during each station at each sampling period. • Benthic infauna biomass, abundance, density, diversity and species distribution in Rincon Bayou will be determined and compared to relevant changes in water hydrography (e.g., salinity). • Sediment characteristics (e.g., sediment grain size) samples will be collected and analyzed. B. RESEARCH PLAN AND METHODS The specific research plan and methods for the 2009 — 2010 monitoring period are set forth in the Research Contract Proposal incorporated as Exhibit A of this contract. C. PRODUCTS Harte will deliver an annual written report by January 2011. The annual report will be written by the principal investigators. Harte will not change the principal investigators without notifying the City of the proposed replacement and receiving written approval from the City. The City will not unreasonably withhold approval. The comprehensive annual report will describe the results of the tasks associated with the Rincon Bayou. Findings will be integrated and presented to assess the current status of the estuarine ecosystem of the Nueces Delta. All annual reports will be technical reports of the Harte Research Institute at Texas A &M University- Corpus Christi. The principal investigators involved with this project will assist the City of Corpus Christi, either through written or personal communication or direct presentation to the Texas Commission on Environmental Quality, should any proposed changes to the work plan be necessary. Principal investigators will participate in any meetings necessary to allow the City to coordinate the findings with other studies prepared by separate contract. Each chapter will incorporate the results of the current year with that of prior year data. Temporal and spatial comparisons that display significant correlations or patterns among various physical parameters (e.g., as salinity and sediment grain size) will be presented in graphic or tabular format. Comparisons with past studies and other neighboring studies will be made where data exist. III. FEES AUTHORIZED The City will pay HARTE a fixed fee not to exceed $55,000.00 for providing all services. H: \HOME \KEVI NS \G EN\ WATER \RI NCON \2009- 2010\AwdSumExhC -2.doc -130- Exhibit C -2 Page 1 of 1 CONTRACT SUMMARY The City of Corpus Christi, Texas, hereinafter called "City ", and The University of Texas at Austin, on behalf of the Marine Sciences Institute, agree to the following: Section II, Scope of Services, Paragraph B is amended to read: UTMSI will undertake the following four action items: • Participating in meetings and workshops with the City, its contractors, and NEAC to identify and evaluate operational alternatives for the Calalien Pipeline (including reviewing technical evaluations of the alternatives). • Assembling and /or updating an integrated database that compiles the Nueces Estuary data collected to date by the various universities in a form that will be most useful to the Senate Bill 3 discussion. • Performing additional interpretation of the integrated database beyond what has been published to date. • Continue to collect data focused on the effects and benefits of using the pipeline to deliver inflows to Rincon Bayou in order to assess and refine the reservoir operating plan. UTMSI will facilitate the tasks as outlined through the following actions: • Participate in meetings with the City, its contractors, and NEAC to devise the operating plan for environmental flows to satisfy action item one... • Provide annual.reports, continue synthesis work, and publish results to satisfy action item two. • Make the data collected each year a deliverable to the Harte Research Institute (HRI) to satisfy action item three. • Perform monitoring described in Table 2 to satisfy action item four. Deliverables for this project are: • Task 1: Attend meetings with the City, its contractors, and NEAC as requested. • Task 2: An annual report that synthesizes the results of all monitoring through 2010 for water quality and vegetation. All measured parameters are presented in tables and graphs with associated text. As in previous years, we will continue to submit these annual reports, which have always incorporated ALL water and plant measurements. • Task 3 and Task 4: Provide a digital database (in Microsoft Access) of water quality and vegetation data collected over the 2009 -2010 monitoring period to HRI. D. ORDER OF SERVICES Section III, Fees Authorized, is amended to read: III. FEES AUTHORIZED The City will pay UT a total fixed fee amount not to exceed $75,000 for Amendment No. 8. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section II. The restated total contract fee for the original contract as amended is not to exceed $1,505,732 for providing all services. This fee consists of: the original contract fee in the amount $118,215; a fee for Amendment No. 1 in the amount of $165,748; a fee for Amendment No. 2 in the amount of $191,545; a fee for Amendment No. 3 in the amount of 228,296; —1 31 — Exhibit C -3 Pane 1 of 9 a fee for Amendment No. 4 in the amount of $264,247; a fee for Amendment No. 5 in the amount of $207,764; a fee for Amendment No. 6 in the amount of $188,231; a fee for Amendment No. 7 in the amount of $188,215; and a fee for Amendment No. 8 in the amount of $75,000. —1 32— 1 Exhibit C -3 1 File : \ Mproject \councilexhibits \exh.8443dwg. NUECES OVERFLOW CHANNEL LaBONTE PARK IH 37 f RINCON BAYOU � - RINCON BAYOU NORTH LAKE RIVER F.M. 624 e PROJECT LOCATION (TYP. MONITORING STATIONS) NUECES RIV1 P. r 0) 0 w 0 w IV Z w Y 0 M CITY PROJECT No.8443 LOCATION MAP NOT TO SCALE 0 0 0 3 Y CC Q -J U EXHIBIT "D" RINCON BA YOU DIVERSION AWARD OF CONTRACTS FOR MONITORING SERVICES -133- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 09 -11 -2009 -- -- - wY 16 AGENDA MEMORANDUM AGENDA ITEM: September 22, 2009 a. Motion authorizing the City Manager, or his designee, to execute a Bridge Participation Agreement with Braselton Land Ventures, Inc., Developer of Rancho Las Brisas Unit 2, in the amount of $45,905.82 for future construction of a bridge over Ditch 31 for the extension of Fred's Folly Drive of which the City will participate in an amount not to exceed $263,193.38; Ordinance to accept a payment in the amount of $45,905.82 from Braselton Land Ventures, Inc. of Corpus Christi, Texas and deposit the funds into an interest bearing account in the No. 4730 Infrastructure Fund for the developers share of future construction of a bridge over Ditch 31 for the extension of Fred's Folly Drive. ISSUE: Braselton Land Ventures, Inc., owner and Developer of Rancho Las Brisas Unit 2, is required to extend Fred's Folly Drive south from its existing ending point in Rancho Las Brisas Unit 1 and participate in bridge construction as a condition of platting. The Platting Ordinance requires the developers adjacent to a drainage way to have an equal share of the cost of bridge or drainage channel crossing. If the ultimate bottom width of the drainage way does not exceed 15 feet, the cost of the bridge or crossing is at the total expense of the developers. If the ultimate bottom width of the drainage way exceeds 15 feet, the City may participate in the construction of the bridge in excess of that required for the 15 -foot bottom width. The bottom width of Ditch 31 at the proposed Fred's Folly Drive crossing is 58 feet. Based on the estimated construction cost of the bridge, the City's portion of the Fred's Folly Drive bridge will be $263,193.38. Each developer's portion will total $45,905.82. Since Braselton Land Ventures, Inc. is the first developer, their contribution to the bridge construction will be deposited into an interest bearing account. When the adjacent property to the south develops, the developer will be required to construct the bridge using the Developer's and City's monies set aside for the bridge. In accordance with Section IV. A. 16. of the Platting Ordinance, the City's participation will not exceed $263,193.38. b. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Juan Perales/, Jr., P.E. Interim Assistant City Manager Development Services Department Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E rr .., Pedro Anaya, P.E. Director of Engineering Services Background Information Location Map Fred's Folly Drive bridge preliminary layout Developer's Cost Estimate Bridge Participation Agreement H:IDEVELOPMENT SERVICESIPARTICIPATION AGREEMENTIRANCHO LAS BRISAS UNIT 2IAGENDA MEMO.BRIDGE.DOC -137- ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Developer proposes to develop the second phase a single - family residential development known as Rancho Las Brisas Unit 2. The development and platting of Rancho Las Brisas Unit 2 (Exhibit B) requires the extension Fred's Folly Drive and participate in the Fred's Folly Drive bridge. Construction plans for the public improvements related to Rancho Las Brisas Unit 2 were approved by Development Services on August 26, 2009. Construction on Rancho Las Brisas Unit 2 will begin in October 2009. The developer, Braselton Land Ventures, Inc., developed Rancho Las Brisas Unit 1 and owns another tract of 11.551 acres. The developer is to plat the 11.551 acres as Rancho Las Brisas Unit 2. Rancho Las Brisas Unit 2 will contain 64 single - family residential lots. The Urban Transportation Plan designates Fred's Folly Drive as a collector that is to extend from Slough Road on the north to Yorktown Boulevard on the south. The alignment of Fred's Folly Drive requires crossing Ditch 31. Rancho Las Brisas Unit 2 abuts Ditch 31 on its north side. Since the subdivision abuts the ditch, the developer is required to participate in the cost of the bridge or drainage channel crossing. The Platting Ordinance requires the developers adjacent to a drainage way to have an equal share of the cost of bridge or drainage channel crossing. If the ultimate bottom width of the drainage way does not exceed 15 feet, the cost of the bridge or crossing is at the total expense of the developers. If the ultimate bottom width of the drainage way exceeds 15 feet, the City may participate in the construction of the bridge in excess of that required for the 15 -foot bottom width. The bottom width of Ditch 31 at the proposed Fred's Folly Drive crossing is 58 feet. The owner's representative, Urban Engineering, has provided a cost estimate for the Fred's Folly Drive bridge (Exhibit E). The cost estimate totals $355,005.02. Based on the Platting Ordinance formula, the City's participation is (58 — 15) _ 58 x $355,005.02 = $263,193.35. The developer's participation is 7.5 _ 58 x $355,005.02 = $45,905.82. The City's portion and the Developer's portion will be deposited into an interest bearing account for the Fred's Folly Drive bridge. When the adjacent property to the south develops, the developer will be required to construct the bridge using the Developer's and City's monies set aside for the bridge. The future developers will be responsible for any actual construction costs in excess of the contributions by the City and Braselton Land Ventures, Inc., under this agreement. EXHIBIT A H \DEVELOPMENT SERVICES \PARTICIPATION AGREEMENT\RANCHO LAS BRISAS UNIT 2\AGENDA BACKGROUND.BRIDGE.DOC -138- Subject Area 0 Miles 00.09.1 0.2 Legend NNWG.0!TYL!MJT.S LOCI MAP EXHIBIT B -139- City& r- CsJ is La 1 T i , ? a' , i _ I; 4 ■ I I I MIMI I WM I MICI In am la Emu la mina nig lo dol L AMA i0 ROLM 3Nr1 1 8 0 EXHIBIT C -140- Eng: Murray F. Hudson, P.E. By:ag_ COST ESTIMATE FOR C!T' 8R'DGE PARTICIPATION RANCHO LAS I3RISAS ti NJT 2 :gust 13, 2009 Jot No 39779..43 00 ITEM DESCRIPTION j QUAN. QUAN. + I UNIT UNIT TOTAL 5% j PRICE COST A. BRIDGE IMPROVEMENTS: j 1 2" HMAC Including Prime Coat 552 552 580 SY 580 SY $12.15 i $7,047.00 $12.75 $7,395.00 2 8" Limestone Base 3 8' Lime Stabilized SubgraCe 730 767 SY 33.20 $2,454.40 4 6"`L' Curb j 322 338 LF $9.50 $3,211.00 5 5' Tied Sidewalk 1,680 1,764 SF $3.00 $5,292.00 6 Handrail 200 210 LF $85.00 $17,850.00 7 6- 8'x4'x40' Concrete Box Culvert 240 252 LS $750.00 $189,000.00 i 8 Headwalls 2 2 EA $19,000.00 $38,000.00 9 Compacted Backfill 1 1 LS $20,500.00 $20,500.00 ESTIMATED BRIDGE IMPROVEMENTS TOTAL: $290,749.40 per ordinace requirements add 10 %: $29,074.94 ESTIMATED TOTAL + 10% $319,824.34 Engineering @ 8% $25,585.95 Construction Staking @ 2% $6,396.49 Construction Testing @ 1% $3,198.24 ESTIMATED TOTAL COSTS: $355,005.02 Developer Defered Participation 7 5/58 x $355,005.02 = $45,905.82 Adjacent Property to South Share 7 5/58 x $355;005.01= $45,905.82 City Participation 58 - 15 = 45/58 = 75% x $355,005.02 = $263,193.38 Total required Developer Participation $45,905.82 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1- 361- 854 -3101 EXHIBIT D -141- BRIDGE PARTICIPATION AGREEMENT STATE OF TEXAS COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P. O. Box 9277, Corpus Christi, Texas 78469 -9277, hereinafter called "City" and Braselton Land Ventures, Inc., (Developer), 5337 Yorktown Boulevard, Suite 10D, Corpus Christi, Texas 78413 hereinafter called "Developer ". WHEREAS, Developer is developing a subdivision known as, Rancho Las Brisas Unit 2 containing 11.55 acres of land located south of Slough Road and east of Rodd Field Road, as shown on attached location map, Exhibit 1 (attached and incorporated); and WHEREAS, the Developer has submitted construction plans that show the extent of the improvements; and WHEREAS, Developer is required to extend Fred's Folly Drive and construct a bridge across Master Channel 31 as a condition of platting (the "Roadway Extension "); and WHEREAS, it is in the best interests of the City to have a bridge crossing at this location installed in conjunction with the development of the adjacent tract to the south; and WHEREAS, Section IV. A. 16. of the Corpus Christi Platting Ordinance authorizes the City to participate in the construction of a bridge if the ultimate bottom width of the drainage way exceeds 15 feet; and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the development; NOW, THEREFORE, in order to provide a coordinated public street construction project, the City and Developer agree as follows: The Developer agrees to deposit the sum of $45,902.15 in lieu of constructing a portion of the bridge crossing. Developer's contribution is calculated as follows: The engineer's cost estimate for the Fred's Folly Drive bridge is $355,005.02, based on current day unii prices. Using the formula from the Platting Ordinance, total developer participation would be (7.5 - 58) x $355,005.02 = $45,905.82. EXHIBIT E Bridge Participation Agreement Rancho Las Brisas Unit 2 Page 1 of 7 —142— For its share of the Fred's Folly Drive bridge construction, based on current day unit prices and as depicted on Exhibit 2(attached and incorporated) the City may pay an amount of approximately $263,191.38. City's contributions calculated as follows: The engineer's cost estimate for the Fred's Folly Drive bride is $355,005.02, based on current day unit prices. Using the formula from the Platting Ordinance. total City participation would be ((58 — 15) _ 58) x $355,005.02 = $263.193.38. The City will deposit the developer's participation payment into an interest bearing account indentified and used for the holding of funds for the future construction of the Fred's Folly Drive bridge. The funds shall be used only for the construction of the Fred's Folly Drive bridge. Interest earned shall used only for the construction of the Fred's Folly Drive bridge. DEVELOPER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( "INDEMNITEES ") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF THE ROADWAY EXTENSION OF FRED'S FOLLEY DRIVE AND THE CONSTRUCTION OF A BRIDGE ACROSS MASTER CHANNEL 31, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. Bridge Participation Agreement Rancho Las Brisas Unit 2 Page 2 of 7 —143— In compliance with City of Corpus Christi Ordinance No. 17112„ Developer agrees to complete the Disclosure of Ownership Interests form Exhibit 3 (attached and incorporated). This agreement becomes effective and binding upon, and inures to the benefit of, the parties hereto and their heirs, successors, and assigns from and after date of execution. EXECUTED in duplicate this day of , 2009. Braselton Land Ventures, Inc. ( "Developer ") 5337 Yorktown Boulevard, Suite 1OD Corpus Christi, Texas 78413 By: Fred Braselton President STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of 2009, by , in the capacity herein stated and as the act and deed of said entity. Bridge Participation Agreement Rancho Las Brisas Unit 2 Page 3 of 7 NOTARY PUBLIC, STATE OF TEXAS —144— CITY OF CORPUS CHRISTI ( "City ") P. O. Box 9277 Corpus Christi, Texas 7846) Telephone: (361) 880-3500 Facsimile: (361) 880-3501 ATTEST: By: By: ARMANDO CHAPA, ANGEL R. ESCOBAR City Secretary City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of 2009, by ANGEL R. ESCOBAR, City Manager for the CITY OF CORPUS CHRISTI, a Texas municipal corporation, on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS APPROVED AS TO FORM: This day of , 2009. By: Deborah Walther Brown Assistant City Attorney for the City Attorney Bridge Participation Agreement Rancho Las Brisas Unit 2 Page 4 of 7 -145- Jaoy 40PPPI M EWS I Bridge Participation Agreement Rancho Las Brisas Unit 2 Page 5 of 7 EXHIBIT 1 —146— 00 11/ N,. 0,1A9 mo '....val . -1.4*17.77,1 w ,.,*;" _.., *0.5 .9.9 000 ea.03 pvgau3 puce 1900 vv. . St 9091290 '9 191 .01,069 96S9S -017.4-raZsitmea. 7r= attic 40j spada 7- 0 PI g g .01.990 109.90.000 01169 01. etuo soplog so- 31 1.9 pi, 1.900 .3 9.09 \ • :"1.377. 11.10100Z Bridge Participation Agreement Rancho Las Brisas Unit 2 Page 6 of 7 ,9V069 3.L0.992LN (.1 i14.0003 090.A ato) 99.1. 41993 0900014 19 0900195 0019 .00—t1. V901 'V 105 010911. 1005t5 P. .919, 1921003 00 3105 a0044 SE .11.9 .0 101 EXHIBIT 1 —147— Eng: Murray F. Hudson, P.E. By:agr COST ESTIMATE FOR CITY BRIDGE PARTICIPATION RANCHO LAS BRISAS UNIT 2 August 13, 2009 Job No. 39779 A8 00 ITEM DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL 5% I PRICE COST A. BRIDGE IMPROVEMENTS: 1 2" HMAC Including Prime Coat 552 580 SY $12.15 $7,047.00 2 8" Limestone Base 552 580 SY I $12.75 $7,395.00 3 8" Lime Stabilized Subgrade 730 767 SY I $3.20 $2,454.40 4 6 "'L' Curb 322 338 LF $9.50 $3,211.00 5 5' Tied Sidewalk 1,680 1,764 SF $3.00 $5,292.00 6 Handrail 2001 210 LF 385.00 $17,850.00 7 6- 8'x4x40' Concrete Box Culvert 240 252 LS $750.00 $189,000.00 8 Headwalls 2 2 EA $19,000.00 $38,000.00 9 Compacted Backfill 1 1 LS $20,500.00 $20,500.00 ESTIMATED BRIDGE IMPROVEMENTS TOTAL: $290,749.40 per ordinace requirements add 10 %:I $29,074.94 ESTIMATED TOTAL + 10% 3319:824.34 I Engineering @ 8% $25,585.95 Construction Staking @ 2% $6,396.49 I Construction Testing @ 1% $3,198.24 I ESTIMATED TOTAL COSTS:1 $355,005.02 I I I Developer Defered Participation 7.5/58 x $355,005.02 = $45,905.82 1 Adjacent Property to South Share 7.5/58 x $355,005.01= $45,905.82 1 I I I City Participation 58 - 15 = 45/58 = 75% x 3355,005.02 = $263,193.38 I I I I I Total required Developer Participation $45,905.82 1 I d I I Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1 -361- 854 -3101 EXHIBIT 2 Bridge Participation Agreement Rancho Las Brisas Unit 2 Page 7 of 7 —1 48— H:`DEVELOPMENT SERVICES'PARTICIP.ATION AGREEMENT',RANCHO LAS BRISAS UNIT ' \BRIDGE PARTICIPATION AGREEMENT DOC Page 1 of 1 ORDINANCE ACCEPTING A PAYMENT IN THE AMOUNT OF $45,905.82 FROM BRASELTON LAND VENTURES, INC. OF CORPUS CHRISTI, TEXAS AND DEPOSIT THE FUNDS INTO AN INTEREST BEARING ACCOUNT IN THE NO. 4730 INFRASTRUCTURE FUND FOR THE DEVELOPER'S SHARE OF FUTURE CONSTRUCTION OF A BRIDGE OVER DITCH 31 FOR THE EXTENSION OF FRED'S FOLLY DRIVE; AND DECLARING AN EMERGENCY. SECTION 1. A payment of $45,905.82 from Braselton Land Ventures, Inc. of Corpus Christi, Texas is accepted, and the funds will be deposited into an interest bearing account in the No. 4730 Infrastructure Fund for the developer's share of future construction of a bridge over Ditch 31 for the extension of Fred's Folly Drive. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: September 14, 2009 Deborah Walther Brown Assistant City Attorney For City Attorney H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\ 9'- kbRD- LasBrisasUnit2BridgeParticipAgmt ..doc Page 2 of 2 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H:\ LEG- DIR \Shared\LEGAL- DEV.SVCS\2009 Agenda\9-22\ORD- LasBrisasUnit2BridgeParticipAgmt..doc —1 5 0— 17 AGENDA MEMORANDUM AGENDA ITEM: September 22, 2009 Motion authorizing the City Manager, or his designee, to execute a Street Participation Agreement with Braselton Land Ventures, Inc., Developer of Rancho Las Brisas Unit 2, in the amount of $19,710.21 for the City's portion of the cost for Sydney Street and Los Rancheros Drive for construction of pavement adjacent to a park,. ISSUE: Braselton Land Ventures, Inc., owner and Developer of Rancho Las Brisas Unit 2, is required to construct Sydney Street and Los Rancheros Drive as a condition of platting. The proposed streets abut and are parallel to the required linear park, which is being dedicated by the Developer. Sydney Street and Los Rancheros Drive are local streets. However, the Platting Ordinance requires the street abutting a park to be constructed to a collector width along the park frontage to ensure access and to prevent traffic congestion. The Developer is dedicating the required 60 -foot right -of -way. The Developer will construct the street and is requesting City participation for half of the construction cost for Sydney Street and Los Rancheros Drive. In accordance with Section IV. G. 11. c) (3) of the Platting Ordinance, the City's participation will not exceed $19,710.21 RECOMMENDATION: Staff recommends approval of the ordinance as presented. la- AA Juan Pereles, J ., P.E. Interim Assists t City Manager Development Services Department Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Pedro Anaya, P.E. Director of Engineering Services Background Information Location Map Extension of Sydney Street and Los Rancheros Drive sketch Developer's Cost Estimate Street Participation Agreement H: \DEVELOPMENT SERVICES \PARTICIPATION AGREEMENT\RANCHO LAS BRISAS UNIT 2\AGENDA MEMO.DOC -153- ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Developer proposes to develop the second phase a single - family residential development known as Rancho Las Brisas Unit 2. The development and platting of Rancho Las Brisas Unit2 (Exhibit B) requires the dedication of a linear park with streets abutting the park. Sydney Street and Los Rancheros Drive will front the linear park for approximately 130 feet each. Construction plans for the public improvements related to Rancho Las Brisas were approved by Development Services on August 26, 2009. Construction on Rancho Las Brisas Unit 2 will begin in October 2009. The developer, Braselton Land Ventures, Inc., developed Rancho Las Brisas Unit 1 and owns another tract of 11.551 acres. The developer is to plat the 11.551 acres as Rancho Las Brisas Unit 2. Rancho Las Brisas Unit 2 will contain 64 single - family residential lots. A requirement of the plat is to dedicate parkland. The proposed development will dedicate a linear park that parallels Ditch 31. There are 2 existing developments that have dedicated a linear park along Ditch 31, Graceland Subdivision and Greystone Subdivision. As part of the development, the linear park will have streets abutting it. Sydney Street will extend west as a continuation of Sydney Street shown on the approved preliminary plat of Greystone Subdivision. Los Rancheros Drive will extend east to provide connectivity to and eventual development of the property to the east. Section IV. G. 11. c) (3) of the Platting Ordinance requires that the street abutting a park to be constructed to a collector width along the park frontage to ensure access and to prevent traffic congestion. The Developer will be constructing the infrastructure required to serve the proposed development and is requesting City participation for half of the construction cost for Sydney Street and Los Rancheros Drive. The owner's representative, Urban Engineering, has provided a cost estimate for the required infrastructure improvements (Exhibit E). The cost estimate totals $627,551.40. The City's participation on half of the construction cost for Sydney Street and Los Rancheros Drive would equal to 3.14 percent of the total infrastructure costs. Section 212.072 of the Texas Local Government Code limits City participation to 30 percent of the total contract price. The City's participation of $19,710.21 will be within the limits established by State Law. EXHIBIT A K\DEVELOPMENT SERVICES \PARTICIPATION AGREEMENT\RANCHO LAS BRISAS UNIT 21AGENDA BACKGROUND.DOC -154- pm Miles 00.00.9 0.2 Legend r. �.. PL4NNING.CITYLIMITS .:�......'.i i. . } :;. \.S S: �2'.�:: ::i :ti .Y. i'f•:•.:: �: :'�,i:.i ?i LCFL: ADO N M4P EXH BLT B 0101IBIT 'A' a, t LOS D)1111AS DRIVE e II t FRED'S FOLLY DRIVE 1 LOS ARROYOS DRIVE CITY STREET PART1CPATION v.ozox' rA/ A 4- LINEAR PARK DEDICATED BY PLAT AND DEEDED TO CITY PER EXISTING PARK/ DEVELOPER AGREEMENT. STREET PARTICIPATION PAVEMENT NOTE FREDS FOLLY DRIVE V&L BE EXTENDED ACROSS DITCH 31 AT SOME POINT IN FUTURE DEVELOPER WILL PROVIDE BRIDGE PARTICIPATION MONIES IN LIEU OF CONSTRUCTION PRIOR TO RECORDING OF FINAL PLAT. illgURBAR ENGINEERING CORPOI4EHRiSTI, TEXAS 1 m. P.O. DOI MI. 0011PIN MOM MOM 71141116-11O5 MOM (389 1186411131 PX PM) alm—iacn U.E. JOB NO. 39779.A8.00 EXHIBIT C Engineer: Murray Hudson ClientBraseltcn Lard Ventures EXHIBIT B - CITY STREET PARTICIPATION 08113/C9 JOB NC. 39779 A8.00 PAVING IMPROVEMENTS - STREET PARTICIPATION :: QUANTIT`% UNIT UNI TOTAL PRICE 1 Clearing and Grubbing 0.2 AC $290.00 $58.00 2 Excavation 113 CY $2.75 $310.75 3 1 1/2 "HMAC Including Prime Coat 592 SY $10.15 $6,008.80 4 6" Limestone Base (Type 1, Grade A) 592 SY $11 00 $6.512.00 5 8" Lime Stabilized Subgrade 672 SY $3.20 $2,150.40 6 6" 'L' Curb 286 LF $9.50 $2,717.00 PARK PAVING SUB- TOTAL: $17,756.95 ENGINEERING @ 8% $1,420.56 CONSTRUCTION SURVEYING @ 2% $355.14 CONSTRUCTION TESTING @ 1% $177.57 TOTAL ESTIMATED REIMBURSEMENT: $19,710.21 Urban Engineering 2725 Swantner Corpus Christi, Texas 78404 1- 361- 8543101 EMI gag D STREET PARTICIPATION AGREEMENT STATE OF TEXAS COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P. O. Box 9277, Corpus Christi, Texas 78469 -9277, hereinafter called "City" and Braselton Land Ventures, Inc., (Developer), 5337 Yorktown Boulevard, Suite 10D, Corpus Christi, Texas 78413 hereinafter called "Developer ". WHEREAS, Developer is developing a subdivision known as, Rancho Las Brisas Unit 2 containing 11.55 acres of land located south of Slough Road and east of Rodd Field Road, as shown on attached location map, Exhibit 1 (attached and incorporated); and WHEREAS, the Developer has submitted construction plans that show the extent of the improvements; and WHEREAS, Developer is required to extend and construct Sydney Street and Los Rancheros Drive along the frontage of a proposed linear park as a condition of platting (the "Roadway Extension "); and WHEREAS, it is in the best interests of the City to have a public street infrastructure installed by the Developer in conjunction with the Developer's project; and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the development; NOW, THEREFORE, in order to provide a coordinated public street construction project, the City and Developer agree as follows: The Developer will construct the Roadway Extension for and on behalf of the City. The public roadway is required to be constructed in accordance with the plans and specifications approved by the City Engineer. The Developer agrees to dedicate the required 60 -foot of right -of -way of the public roadways, Sydney Street and Los Rancheros Drive. The Developer is required to pay for half of the costs to construct the Roadway Extension. The City is required to pay for the other half of the construction costs. For its share of the Roadway Extension construction, as depicted on Exhibit 2(attached and incorporated) the total that the City must pay is an amount not to exceed $19,710.21. Participation Agreement Rancho Las Brisas Unit 2 Uofro 1 of 7 —158-- The City will reimburse the Developer in the following manner: Upon final acceptance of the Roadway Extension. by the City Engineer, the City will pay Developer an amount not exceed $ 1 9,710.21. In accordance with Section 212.073, Texas Local Government Code, Developer must execute a performance bond for the construction of the improvements to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253, Texas Government Code. DEVELOPER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( "INDEMNITEES ") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF THE ROADWAY EXTENSION OF SYDNEY STREET AND LOS RANCHEROS DRIVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE: ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERNIINATION OF THIS AGREEMENT. In compliance with City of Corpus Christi Ordinance No. 17112„ Developer agrees to complete the Disclosure of Ownership Interests form Exhibit 3 (attached and incorporated). This agreement becomes effective and binding upon, and inures to the benefit of, the parties hereto and their heirs, successors, and assigns from and after date of execution. Participation Agreement Rancho Las Brisas Unit 2 A...o 1 .,f 7 —159— EXECUTED in duplicate this day of ,lr�tb?r , 2009. Braselton Land Ventures, Inc. ( "Developer ") 5337 Yorktown Boulevard, Suite 10D Corpus Chris Texas 78413 By: Fred'Braselton President STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the / `i day of ,St p-h`,-+ h u. , 2009, by Fre a /5 y413441,1-, , in the capacity herein stated and as the act and deed of said entity. VICKI ADAIR Notary Pubtic. State of Texas Commission Expires a �', X�a 2 -18 -2010 Participation Agreement Rancho Las Brisas Unit 2 Unto 2 ..f ? NOTARY PUBLIC, STATE OF TEXAS —160— ATTEST: CITY OF CORPUS CHRISTI ( "City ") P. O. 13ox 9277 Corpus Christi, Texas 78469 Telephcne: (361) 880 -3500 Facsimile: (361) 880 -3501 By: By: ARMANDO CHAPA, ANGEL R. ESCOBAR City Secretary City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of 2009, by ANGEL R. ESCOBAR, City Manager for the CITY OF CORPUS CHRISTI, a Texas municipal corporation, on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS APPROVED AS TO FORM: This 7,6 day of By: orah Walther Brown t- Assistant City Attorney for the City Attorney Participation Agreement Rancho Las Brisas Unit 2 D.1.. A oft a1 tom°' —161— 0 wew AV) ;? .1, vS °e s ri `1 14 614-"1 g 1 iii it a .k. III ma° .: °$9$F ae`"I 8 °' ss Y =€ a I; :1; • F�.$' 8 save$. E t'a8r$ ▪ ° 4' ag 11515:4 5 --- :Ai! F] 1 i1I!I 3 g9'9'< ° o IIi € g :°$3E i° i. aese thi :i 1 13 11 d 4 t l mss h Fv i g6e 31-s` F ;Ii ism Fist nto i/ atzd J S 5 111 !i j 41 =11 if 1 51 '10 12 g iv agat :12:1 1 5 gg mb d!e ti: la Sa o i �.t! a8 ib. 13 111 Pas e es lee If S`. e! 83g 2 1 5 a 1 e. te a°3 ft g. B 8 ;.- t2I ga l �1i - ;9 gee; a 3 °�a ee � l. t 1g $^III! ao s ��£� c i 66Y - §!:1 I L I. s 1° z mgg eta °mg It 9 is s1 I o !i €: 5 Q L�6 W15° ct51 B 2 4 Notary Pads In and far the State of Texas Participation Agreement Rancho Las Brisas Unit 2 Un..oc..f7 —162— atUTSOkai S07 1.1 &waif wmilanke awn smog ,g07 rav Participation Agreement Rancho Las Brisas Unit 2 rr. M7 EXHIBIT 1 I _ I = 1 6 3 I Engineer: Murray Hudson Client:Braselton Land Ventures EXHIBIT B - CITY STREET PARTICIPATION 08/13/09 JOB NO. 39779.A8.00 PAVING IMPROVEMENTS - STREET PARTICIPATION: QUANTITY UNIT UNIT TOTAL PRICE 1 Clearing and Grubbing 0.2 AC $290.00 $58.00 2 Excavation 113 CY $275 $310.75 3 1 12" HMAC Including Prime Coat 592 SY $10.15 $6,008.80 4 6" Limestone Base (Type 1, Grade A) 592 SY $11.00 $6,512.00 5 8" Lime Stabilized Subgrade 672 SY $3.20 $2,150.40 6 6" 'L' Curb 286 LF $9.50 $2,717.00 PARK PAVING SUB - TOTAL: $17,756.95 ENGINEERING c 8% $1,420.56 CONSTRUCTION SURVEYING t 2% $355.14 CONSTRUCTION TESTING 1% $177.57 TOTAL ESTIMATED REIMBURSEMENT: $19,710.21 Urban Engineering 2725 Swantner Corpus Christi, Texas 78404 1- 361 - 854,3101 EXHIBIT 2 Participation Agreement Rancho Las Brisas Unit 2 Page 7 of 7 C:\DOCUMENTS AND SETTINGS\FBRASELTON\LOCAL SETTINGS \TEMPORARY INTERNET FILES \OLK6\RANCHU LAS BRISAS UNIT 2 —1 6 4— SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Braselton Land Ventures, Inc. P. O. BOX: STREET ADDRESS: 5337 Yorktown Blvd Suite 10D CITY: Corpus Christi ZIP: 78413 FIRM IS: 1. Corporation El 2. Partnership 4. Association 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." N/A Name B�Ad, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A N/A -165- FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Fiuro bMs 6kJ Type or Print) Signature of Certifying Person: Title: DEFINITIONS Date: 17'09 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. —166— 18 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: September 22, 2009 First reading ordinance amending Chapter 14 "DEVELOPMENT SERVICES," Article XIII, "DEVELOPMENT SERVICE FEES ", Division 4, "PLATTING ORDINANCE FEES ", Section 14 -1341, Platting ordinance fees ", and Chapter 55, "UTILITIES ", Article V, "TAPS AND CONNECTIONS ", Section 55 -70, "Adoption of rules, regulations and water and gas fees ", and Section 55 -71, "Sewer tapping fees ", of the Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting Fees and Tap Fees; and providing for severance. ISSUE: The City of Corpus Christi Platting Ordinance, Sections V.B.5.e)(2) and V.B.6.e)(2) require that various development fees and charges be annually indexed to the Construction Cost Index published in Engineering News Record magazine. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Juan Perales, Jr., P.E. Interim Assistant City Manager Development Services Department Attachments: Exhibit A - Background Information Exhibit B - Ordinance H:1PLN -DIR \SPECIAL SERVICES \PLATS\COUNCIL MEMOS \DSD FEE INCREASES CONSTRUCTION INDEX.2009.AGENDA MEMO.DOC -169- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The City of Corpus Christi Platting Ordinance, Sections V.B.5.e)(2) and V.B.6.e)(2) require that various development fees and charges be annually adjusted to reflect the corresponding change in the Construction Cost Index published in the Engineering News Record magazine. This cost index factor is a composite nation wide factor based on detailed construction cost surveys for 20 major cities throughout the United States. The published annual change in the composite construction cost index for August, 2009 is +2.4 %. Components of this cost index increase from August, 2008 to August, 2009, include +4.7% for construction labor and -2.3% for construction materials. EXHIBIT A H: \PLN -DIR \SPECIAL SERVICES \ PLATS \COUNCIL MEMOS \DSD FEE INCREASES CONSTRUCTION INDEX.2009.BACKGROUND INFO.DOC -170- Page 1 of 7 AN ORDINANCE AMENDING CHAPTER 14 "DEVELOPMENT SERVICES," ARTICLE .III "DEVELOPMENT SERVICE FEES" DIVISION 4 "PLATTING ORDINANCE FEES," SECTION 14 -1341 "PLATTING ORDINANCE FEES," AND CHAPTER 55 "UTILITIES," ARTICLE V "TAPS AND CONNECTIONS," SECTION 55 -70 "ADOPTION OF RULES, REGULATIONS AND WATER AND GAS FEES," AND SECTION 55 -71 "SEWER TAPPING FEES" OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO INCREASE OR ESTABLISH FEES RELATED TO PLATTING FEES AND TAP FEES; PROVIDING FOR SEVERANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 14 "Development Services," Article XIII "Development Services Fees," Division 4 "Platting Ordinance Fees," Section 14 -1341 "Platting ordinance fees" of the Code of Ordinances is amended to read as follows: Sec. 14 -1341. Platting ordinance fees. This division sets the amounts of the fees required by the platting ordinance. TABLE INSET: PLATTING ORDINANCE FEES AMOUNT OF FEE Platting application Type I or IA < 1 acre $171.00 Type I or IA 1 >= 5 acres $341.00 Type I or IA > 5 acres $554.00 Type II or IIA < 1 acre $512.00 Type II or IIA 1 >= 5 acres $792.00 Type II or IIA > 5 acres $896.00 Type III or IIIA < 1 acre $685.00 Type III or IIIA 1 >= 5 acres $685.00 Type III or IIIA > 5 acres $685.00 Application to extend a plat $38.00 Application to plat single lot subdivision by Engineering Services $60.00 Deposit for review of deed or surveyor field notes $50.00 ExHialr B Page 2 of 7 Hardship variance application fee $160.00 Platting appeal application fee $50.00 Participation agreement $610.00 Deferment agreement fee $1,087.00 Utility easement by separate instrument fee $249.00 Infrastructure trust fund lot & acreage fees Lot fee for water infrastructure $330.00 338.00 Acreage fee for water infrastructure $1,322.00 1,354.00 Surcharge for water infrastructure $0.00 Lot fee for water infrastructure for single- family or duplex $00 171.00 Acreage fee for water infrastructure for single - family or duplex $660,00 676.00 Surcharge for water infrastructure for single - family or duplex $223.01 228.00 Water distribution line front foot pro rata fee $9-67 9.90 PIIC water tap fee $480.00 PIIC lot fee for water infrastructure $480.00 PIIC acreage fee for water infrastructure $1,200.00 Lot fee for wastewater infrastructure $360.00 369.00 Acreage fee for wastewater infrastructure $1 ,443 -00 1,478.00 Surcharge for wastewater infrastructure $25440 260.00 Collection line front foot pro rata fee $11.19 11.46 Lot fee for storm water infrastructure $0.00 Acreage fee for storm water infrastructure $0.00 Surcharge for storm water infrastructure $0.00 Front foot pro rata charge $0.00 Request for lot/acreage fee exemption determination $60.00 Reimbursement agreement $535.00 Recording fees City's actual costs SECTION 2. Chapter 55 "Utilities," Article V "Taps and Connections," Section 55 -70 EXHIIII B Page 3 of 7 "Adoption of rules, regulations, and water and gas fees," of the Code of Ordinances is amended to read as follows: Sec. 55 -70. Adoption of rules, regulations, and water and gas fees. The rules and regulations concerning the control, operation and administration of utility taps or services connections of water, gas and sewer utilities owned by the city and the regulations prescribing fess for utility taps or service connections are hereby adopted and approved as follows: (5) Fee schedule, gas: (a) Inside city limits: TABLE INSET: *To be determined by Gas Division at the time of the request (b) Outside city limits: TABLE INSET: Street Fee Easement Fee Gas -- Residential, 1 and 2- family dwelling $100.00 $100.00 Commercial up to two inch in size 300.00 300.00 Commercial larger than two inch in size Special* Special* Loops 10.00 10.00 Meter moves 50.00 50.00 *To be determined by Gas Division at the time of the request (b) Outside city limits: TABLE INSET: *To be determined by Gas Division at the time of the request * * * EXHyBI B Street Fee Easement Fee Gas -- Residential, 1 and 2- family dwelling $100.00 $100.00 Commercial up to two inch in size 300.00 300.00 Commercial larger than two inch in size Special* Special* Loops 10.00 Meter moves 50.00 *To be determined by Gas Division at the time of the request * * * EXHyBI B Page4of7 (9) Fee schedule, water: (a) Inside city limits: TABLE INSET: Size Street Fee 5/8 inch x 3/4 inch Easement Fee 5/8 inch x 3/4 inch $520.73 1 inch $432.73 $576.73 3/4 inch $534.73 $769.14 $446.73 Special* 1 inch $679.14 $591.14 Over 1 inch Special* Special* Loops *, minimum $236,140 $242.00 $236:80 $242.00 Meter moves *, minimum $57-00 $58.00 $57.00 $58.00 *Denotes costs to be specified by the director of water utilities based on circumstances. (b) Fees inside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. TABLE INSET: Size Fee 5/8 inch x 3/4 inch $160.65 3/4 inch $174.65 1 inch $217.30 (c) Outside city limits: TABLE INSET: Size Street Fee Easement Fee 5/8 inch x 3/4 inch $722.73 $561.73 3/4 inch $740.73 $576.73 1 inch $968.14 $769.14 Over 1 inch Special* Special* Special* EXF T B Page 5 of 7 Loops *, minimum $35449 $362.00 $354.00 $362.00 Meter moves *, minimum $81.00 $86.00 $84-09 $86.00 enotes costs to be specified by the director of water utilities based on circumstances. (d) Fees outside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. TABLE INSET: Size Fee 5/8 inch x 3/4 inch $160.65 3/4 inch $174.65 1 inch $217.30 SECTION 3. Chapter 55 "Utilities," Article V "Taps and Connections," Section 55 -71 "Sewer tapping fees," of the Code of Ordinances is amended to read as follows: Sec. 49 -12. Sewer tapping fees. (b) House service line tap charge: * (2) House sewer connections to be constructed in easements shall be charged at a rate of eight hundred two twenty -one dollars ($802.00 821.00) except as otherwise herein provided. (3) House service connections to be constructed in streets shall be charged at a rate of one thousand two three hundred seventy - two three dollars ($1,272.00 1,303.00) except as otherwise herein provided. * * * (5) For sewers in streets of new subdivisions in which house services are already installed to the property line and where final connection is to be made by a plumber, a fee of one hundred two four dollars ($102.00 104.00). This fee is to cover the cost of recording and inspecting the sewer tap. * * * EXH{BiT B Page 6 of 7 SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. EXklialT B Page 7 of 7 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: Joe Adame Priscilla G. Leal Chris Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick APPROVED AND PASSED on this day of , 2009. ATTEST: Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: Deborah W. Brown Assistant to City Attorney For City Attorney EXHIBIT B H: \PLN -DIR \SPECIAL SERVICES \PLATS \COUNCIL MEMOS \DSD FEE INCREASESICIN7D1LICTION INDEX.2009.ORDINANCE.DOC 19 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: First Reading — September 8, 2009 September 22, 2009 Ordinance abandoning and vacating a 9,955.05- square foot portion of dedicated public right -of -way (Ocean Drive), located north of the Alta Plaza Drive public right -of -way and west of the current Ocean Drive public right -of -way, subject to compliance with the specified conditions. ISSUE: GHS Land, LTD, Owner of the property, is requesting to amend the Revocable Easement granted to the original owners for the use of a portion of the Ocean Drive public right -of -way, and to abandon, vacate, and purchase the 9,955.05- square foot portion of dedicated public right -of -way, for the future development of the right - of -way. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights -of -way. City Code requires a public hearing prior to the vacating and abandonment of any street rights -of -way. PRIOR COUNCIL ACTION: August 28, 1963 (Ord. No. 7012%) - Council approved and granted a Revocable Easement to the Owners of Markamay Estates, Lot 1, for the use of a portion of public right -of -way located south of Markamay Estates, Lot 1, and east of Alta Plaza, Lot 1, Block 1, for the right to construct and maintain a paved surfaced semicircular driveway, and for the right to fill in all or any part of said public right -of -way and street for planting and maintaining grass, shrubs, and trees on all or part of said public right -of -way and street. 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 Assistant City Manager of Development Services. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A - Background Information Exhibit B - Ordinance • aget, 2i' I V Juan Perales, Interim Assistant City Manager of Development Services Email: johnnyp @cctexas.com Phone: 361- 826 -3828 —181— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: GHS Land, LTD, ( "Owner") of 3285 Ocean Drive, is requesting the abandoning and vacating of the 9,955.05- square foot portion of dedicated public right -of -way (Ocean Drive), located north of the Alta Plaza Drive public right -of -way, and west of the current Ocean Drive public right -of -way, to allow for the future development of that portion of the dedicated public right -of -way. In August 28, 1963, (Ord. 7012 %) the City granted a Revocable Easement to Oscar and May Spitz, ( "Owners ") of Markamay Estates, Lot 1, for the use of a portion of public right -of -way located south of Markamay Estates, Lot 1, and east of Alta Plaza, Lot 1, Block 1, for the right to construct and maintain a paved surfaced semicircular driveway, and for the right to fill in all or any part of said public right -of -way and street for planting and maintaining grass, shrubs, and trees on all or part of said public right -of -way and street. The original Owners had been maintaining the said portion of dedicated public right -of -way in front of their property since 1963. Ordinance 7012%, must be repealed by City Council, prior to the abandoning and vacating of said dedicated portion of public right -of -way by paying fair market value and purchasing said right of way from the City. At the September 8, 2009, Council meeting, the City Council amended the ordinance abandoning and vacating the street right -of -way upon first reading to require the owner to extend the existing sidewalk to an 8 -foot total width. Staff met with the property owner's representative last week to discuss the request. The property owner agreed to construct an additional 3 -foot wide paved sidewalk adjacent to the existing concrete sidewalk, located west of Ocean Drive, to extend the existing sidewalk to an 8 -foot total width. The owner must trim existing hedges so they will not extend beyond the city right -of -way line and encroach into the new 8 -foot wide sidewalk. These changes have been incorporated into the ordinance as presented for a second reading on September 22, 2009. All public and franchised utilities were contacted regarding this closure request. City Storm Water Department has an existing 24" RCP storm sewer line within the right -of -way and is requiring that a minimum 15 -foot wide drainage easement be retained within the right -of -way. City Gas Department has an existing 4" gas line within the right -of -way and is requiring that a minimum 10- foofwide utility easement be retained within the right -of -way. None of the other city departments or franchised utility companies had any facilities within the public right -of -way. There were no objections regarding the proposed portion of public right -of -way abandonment. Staff recommends that the Owner pay the fair market value of $47,789.00 for the abandonment and vacation of the 9,955.05- square foot portion of the Ocean Drive public street right -of -way, prior to closure going to City Council. The fair market value fee assessed for the Ocean Drive street closure is discounted for the retaining of the utility and drainage easements. 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 180 days of adoption of the ordinance for the closure of this section of the Ocean Drive public right -of -way. The Owner has been advised of and concurs with the conditions of the right -of -way abandonment. EXHIBIT A —182— Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 9,955.05- SQUARE FOOT PORTION OF DEDICATED PUBLIC RIGHT OF WAY (OCEAN DRIVE), LOCATED NORTH OF THE ALTA PLAZA DRIVE PUBLIC RIGHT -OF -WAY AND WEST OF THE CURRENT OCEAN DRIVE PUBLIC RIGHT -OF -WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, GHS Land, LTD is requesting the abandonment and vacating of a 9,955.05 - square foot portion of a dedicated public right -of -way (Ocean Drive), located north of Alta Plaza Drive public right -of -way and west of the current Ocean Drive public right -of -way; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, September 8, 2009 and Tuesday September 22, 2009, during meetings 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 said portion of the utility easement, subject to the provisions below. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a 9,955.05- square foot portion of a dedicated public right -of -way, as recorded in Volume 14, Page 13 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. That the abandonment and vacation of the above public right -of -way easement is conditioned upon Owner's compliance with the following: 1) Owner pay the fair market value of $47,789.00 prior to the "street closure ordinance for the abandonment and vacating of the 9,955.05- square foot portion of the Ocean Drive public street right -of -way going to City Council for approval. 2) Repeal Ordinance 7012 1/2, which authored and granted a Revocable Easement to the Owners of Markamay Estates, Lot 1, for the use of a portion of public right -of -way located south of Markamay Estates, Lot 1, and east of Alta Plaza, Lot 1, Block 1, for the right to construct and maintain a paved surfaced semicircular driveway, and for the right to fill in all or any part of said public right -of -way and street for planting and maintaining grass, shrubs, and trees on all or part of said public right -of -way and street. —183- H: \LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \9- 22 \ORD- Abandon &VacateAltaPlaza.amend.doc Page 2 of 3 3) City Storm Water Department has an existing 24" RCP storm sewer line within the right -of -way and is requiring that a minimum 15 -foot wide drainage easement be retained within the right -of -way. 4) City Gas Department has an existing 4" gas line within the right -of -way and is requiring that a minimum 10 -foot wide utility easement be retained within the right -of -way. 5.) Owner is to construct an additional 3 -foot wide paved sidewalk adjacent to the existing concrete sidewalk, located west of Ocean Drive, to extend the existing sidewalk to an 8 -foot total width. Owner must trim existing hedges to where they will not be extending beyond the city right -of -way line and be encroaching into the new 8 -foot wide sidewalk. 6.) Within 180 days of approval by Council and issuance of the ordinance, all grants of street closures and dedications 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 recordation of the street closure, 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. -184- H:\ LEG -DIR \Shared \LEGAL -DEV SVCS\2009 Aaenda\9- 22 \ORD- Abandon &VacateAltaPlaza.amend.doc Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of September, 2009, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form: September 1, 2009 By: / ji-ie...k— — -'�. :(yeborah Walther Brow Assistant City Attorney For City Attorney —185— H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda\ 9- 22 \ORD- Abandon &VacateAltaPlaza.amend.doc 20 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: September 22 , 2009) Case No. 0809 -04, Guillermo (Willie) Esparza: A change of zoning from an "A -1" Apartment House District to a "B -1" Neighborhood Business District resulting in a change of land use from residential tc business office on property described as South Park, Block 2, generally located on the north side of South Padre Island Drive, approximately 2, 331 feet northwest of Weber Road, at Anthony Street. Planning Commission's and Staffs Recommendation (August 19, 2009): Approval of the "B -1" Neighborhood Business District Requested Council Action: Approval of Planning Commission and Staffs Recommendation Summary: Request: The owner is requesting a change in zoning from the "A -1" Apartment House District to the "B -1" Neighborhood Business District to establish a Dental office in an existing 900 sq. ft. building. Area Rezoning Background: ❖ The property immediately to the south of the subject site was rezoned from the "A -1" Apartment House District to the "B-1" Neighborhood Business District in December of 2004. ❖ The property to the east and adjacent to the property to the south of the subject property, located at the corner of Kasper and SPID, was rezoned from the "A -1" Apartment House District to the "B -1" Neighborhood Business District with a Special Permit for auto sales in September of 2000. ❖ Two blocks further east, the second lot north of SPID on Monitor Street was rezoned from the "A -1" Apartment House District to the `B -4" General Business District in June of 2000. ❖ The first three lots of each block to the north of SPID in this area are transitioning areas, and are planned for commercial use as shown on the adopted Future Land Use Map. Existing Land Uses: The property is currently being used as a single family home, owned by the Applicant who also owns the business adjacent to the subject property to the south. Existing Zoning: The subject property is zoned "A -1" Apartment House District, which is the highest density residential district, and is generally located near or within the central part of the city. This district provides for certain transient residences, as well as permanent residences and certain institutional uses. Proposed Zoning: The `B -1" Neighborhood Business District provides for single - family, duplex, and multiple family uses, in addition to office, and professional services, custom dress making and tailoring, and retail uses. This District requires a twenty (20) foot building setback from the street right -of -way lines. There are no side or rear yard setbacks for nonresidential development unless adjacent to a residential district; in which case a ten (10) foot setback is required. The `B -1" District permits a residential density of 36.30 units per acre and a building height of 35 feet not to exceed three (3) stories. Outside storage is not a permitted use in the `B -1" District. Transportation and Circulation: The subject property has access to Anthony Street, a two lane, C1, minor residential collector street, which provides for internal neighborhood circulation as well as property access. Twenty -five feet of the 60 foot width is paved. There are currently no plans for upgrades. H:\PLN -DIR \SHARED \l. Planning Commission\2009 CC \ Sept '09 \0809 -04 Guillermo (Willie) Esparza \AGENDAMEMO 0809- 04.doc -189- Traffic Count: Street R.O.W. Agenda Memo Case No. 0809 -04 (Guillermo Esparza) Page 2 Street Urban Transportation Plan Type Existing ROW and Paved Section Traffic Volume 2005 Anthony Street Minor Collector 60ft. ROW, 25 ft. paved NA Infrastructure Demand: ❖ Water: There is an 8 -inch water main along South Padre Island Drive, and a 4 -inch line along the back of the property line. •:• Wastewater: There is a 6 -inch wastewater line along the back of the property line. ❖ Stormwater: There is a stormwater line connecting from the neighboring property to South Padre Island Drive Public Safety: ❖ Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C10. Crime statistics show a total of 3,194 crimes committed in 1993, with a reduction in reported crimes to 1,137 crimes committed in 2005. The last year for which statistics are available is 2005. ❖ Fire: The closest Fire Station is Station # 8, located at 4645 Kostoryz, approximately 5,634 feet from the subject property Environmental Constraints: • FEMA Flood Zone X: Areas that are outside the 1- percent annual chance floodplain. Comprehensive Plan Consistency: The rezoning request is consistent with the Southeast Area Development Plan and the Future Land Use Map. Notification: Of the twenty -six (26) notices mailed to the surrounding property owners zero (0) notices were returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is not considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three- quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. FGM /ej (tatt., 4-4 Juan Perales, Interim Assistant City Manager of Development Services Email: johnnyp @cctexas.com Phone: 361-826-3828 -190- Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) Senior Planner H:\PLN -D1R \SHARED \l. Planning Commission \2009 CC \Sept '09\ 0809-04 Guillermo (Willie) Esparza \AGENDAMEMO 0809- 04.doc -191- CITY COUNCIL ZONING REPORT Case No.: 0809 -04 Planning Commission Hearing Date: August 19, 2009 Applicant & Legal Description Applicant: Guillermo (Willie) Esparza Owner: Same Representative: Same Address: 5038 Anthony Street, Corpus Christi, TX 78412 Legal Description/Location: South Park, Blk 2, Lot 2, generally located on the north side of South Padre Island Drive, approximately 2,331 feet northwest of Weber Road, at 5038 Anthony Street. Zoning Request From: "A -1" Apartment House District To: `B -1" Neighborhood Business District Area: .17 acres (7440 sq. ft.) Purpose of Request: Future Dental Office. Zoning Existing Land Use Future Land Use Site "A -1" Apartment House District Low Density Residential Commercial North "A -1" Apartment House District Low Density Residential Commercial East "A -1" Apartment House District Low Density Residential Commercial South "B -1" Neighborhood Business District Low Density Residential/ Commercial Commercial West "A -1" Apartment House District Low Density Residential Commercial ADP, Map & Violations Area Development Plan: This lot is located in the Southeast Area Development Plan and is planned for commercial uses. The proposed change in zoning to a `B -1" Neighborhood Business District is consistent with the adopted Future Land Use Plan which designates the area for commercial uses. Map No.: 046037 Zoning Violations: None Staffs Summary: Request: The owner is requesting a change in zoning from the "A -1" Apartment House District to the `B -1" Neighborhood Business District to establish a Dental office in an existing 900 sq. ft. building. —192— City Council Zoning Report Applicant: Guillermo (Willie) Esparza Case #: 0809 -04 Page 2 of 5 Area Rezoning Background: ❖ The property immediately to the south of the subject site was rezoned from the "A -1" Apartment House District to the "B -1" Neighborhood Business District in December of 2004. • The property to the east and adjacent to the property to the south of the subject property, located at the corner of Kasper and SPID, was rezoned from the "A -1" Apartment House District to the "B -1" Neighborhood Business District with a Special Permit for auto sales in September of 2000. Two blocks further east, the second lot north of SPID on Monitor Street was rezoned from the "A -1" Apartment House District to the `B -4" General Business District in June of 2000. The first three lots of each block to the north of SPID in this area are transitioning areas, and are planned for commercial use as shown on the adopted Future Land Use Map. Existing Land Uses: The property is currently being used as a single family home, owned by the Applicant who also owns the business adjacent to the subject property to the south. Existing Zoning: The subject property is zoned "A -1" Apartment House District, which is the highest density residential district, and is generally located near or within the central part of the city. This district provides for certain transient residences, as well as permanent residences and certain institutional uses. Proposed Zoning: The `B -1" Neighborhood Business District provides for single - family, duplex, and multiple family uses, in addition to office, and professional services, custom dress making and tailoring, and retail uses. This District requires a twenty (20) foot building setback from the street right -of -way lines. There are no side or rear yard setbacks for nonresidential development unless adjacent to a residential district; in which case a ten (10) foot setback is required. The 1B -1" District permits a residential density of 36.30 units per acre and a building height of 35 feet not to exceed three (3) stories. Outside storage is not a permitted use in the `B- 1" District. Transportation and Circulation: The subject property has access to Anthony Street, a two lane, C1, minor residential collector street, which provides for internal neighborhood circulation as well as property access. Twenty -five feet of the 60 foot width is paved. There are currently no plans for upgrades. —193— Traffic Count: City Council Zoning Report Applicant: Guillermo (Willie) Esparza Case #: 0809 -04 Page 3 of 5 Street Urban Transportation Plan Type Existing ROW and Paved Section Traffic Volume 2005 Anthony Street Minor Collector 60ft. ROW, 25 ft. paved NA Infrastructure Demand: ❖ Water: There is an 8 -inch water main along South Padre Island Drive, and a 4 -inch line along the back of the property line. ❖ Wastewater: There is a 6 -inch wastewater line along the back of the property line. • Stormwater: There is a stormwater line connecting from the neighboring property to South Padre Island Drive Public Safety: ❖ Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C10. Crime statistics show a total of 3,194 crimes committed in 1993, with a reduction in reported crimes to 1,137 crimes committed in 2005. The last year for which statistics are available is 2005. ❖ Fire: The closest Fire Station is Station # 8, located at 4645 Kostoryz, approximately 5,634 feet from the subject property Environmental Constraints: •S FEMA Flood Zone X: Areas that are outside the 1- percent annual chance floodplain. Comprehensive Plan Consistency: • CORPUS CHRISTI POLICY STATEMENTS: Land Use Policy a: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted area development plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. —194— City Council Zoning Report Applicant: Guillermo (Willie) Esparza Case #: 0809 -04 Page 4 of 5 Staff Comment: The requested "B -1 " Neighborhood Business District is consistent with the Future Land Use Plan which supports Commercial uses. Residential Policies: INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: In addition to the screening fence required by the City's Zoning Ordinance, the Applicant is proposing reasonable operating hours of 8:00 am to 5:00 pm, so as not to disturb the neighboring residential uses. ❖ SOUTHEAST AREA DEVELOPMENT PLAN (ADP) POLICY STATEMENTS: LAND USE: POLICY STATEMENT B.2 In Table 1, Future Land Use Suitability, the "most suitable land use" column indicates those land uses least likely to cause negative impacts to the surrounding area and which most directly benefit the public health, safety, and welfare of the community. Uses described as "also acceptable" might be permissible but they are likely to be negatively affected by the most suitable use or surrounding uses unless steps are taken to buffer negative impacts. Steps that should be taken to prevent negative impacts and promote sensitive design are: a. Lighting from non - residential uses should be directed away from residential areas; b. Noise impacts from non - residential uses should be reduced by creating a buffer open space between the two areas. Such spaces may be landscaped areas, a street, a screening fence, larger setbacks, etc. These methods can be used singularly but are usually most effective when applied in combination to provide the desired effect; c. Placing low intensity activities next to single family uses; and d. Because non - residential areas are considered most suitable next to higher level roads, "also acceptable" uses will need to be buffered from negative traffic noise impacts if they are located immediately next to the highway. Staff Comment: The Applicant will be required to submit a site plan for the proposed dental office, where most of these concerns will be addressed during the plan review stages. The proposed dental office use still has a small "A-1" Apartment House District buffer between the proposed site and the single family —195— City Council Zoning Report Applicant: Guillermo (Willie) Esparza Case #: 0809 -04 Page 5 of homes further to the north, providing a more gradual transition in activity intensity. Relationship to Smart Growth Principles: The project was rated against Smart Growth Principles and received 3 stars out of a possible 5 stars, with a total of 56 points. Plat Status: The subject property is platted. Planning Commission & Staff Recommendation: Approval of the "B -1" Neighborhood Business District Number of Notices Mailed Total 26 within 200 ft. notification area; 2 outside notification area Favor - 0 (inside notification area); 0 (outside notification area) Opposition % -0 (inside notification area); 0 (outside notification area) Attachments: 1. Site 2007 Aerial 2a. Neighborhood Existing Land Use 2b. Site Existing Land Use 3. Site Future Land Use 4. Site Existing Zoning, Notice area, Ownership 5. Comments received from Public Notices mailed 6. Notice Mailing List 7. Smart Growth Chart H:\PLN- DIR\SHARED \1. Planning Commission\2009 CC \Sept'09 \0809 -04 Guillermo (Willie) Esparza \CC Zonin g Report 0809 -04 Esparza Al -B 1.doc —1 9 6— CASE # O -.O4 I k.� j! P��i s i� f q1. 3U8dET PRCPFR TY CASE % \?U? 4 2 , d 2269 R \£ 0 GTO --EST TES 3 (2 -E.XINGT UBJECT PROPERTY PLAZA A illEX A S P I 9- AB 4 ,s LEXINGFON PLAZA l SOO e t 8,t4/2008 Prepared By: SPR Depart: .2 it'Dawit'apt. en:so CASE # 0809-04 4. SITE - EXISTING ZONING. NOTICE AREA & OWNERSHIP A-I Agarlioeni Halle Distici F I Llip lied Indio Pia Die Yid Aparkoeni Howe Distici I-2 L.Fghl haw !dal Die Idel .e.parlmeni Howe DIAL! 1-3 Hew! Indux FM DIAL! Pro-len:Frd Oriim DE Plc! PHD Planed Hill DeewleiDegeni Agarinieni-Teewlel Dix lad P -IA One FI Dwelltv D Piaci AT 13-2 IF-2A 0-3 0-5 P-6 D F-P He Businees Fleigi-twelweol Bodeen, Diltici Payton! BusIneil Perrier Mang !Fulmer Distlel Estrineer Die kid General Burineer (*Idol Primary Duelnees Pflincly Eugnege COfe D Mc] Coring Chris. Beach Design Din. FrIi Rawl Dinrici HIT laical-CIA losal Unimak Presenakci ['A 1-10 Ore FnI., Dwellrig 01: 11:1 Or-rt Fainly Dwellrig 01: 11:1 P-2 PluilDie Deetlirej Dis Plc! PA One F sittly Dweling IF lIcl P E Perldenlal El kale Die tic I P -TH -Metinhotre Dwelling 01: 11:1 OP qFedel Perm!! T-Le. TFavel Taller Pat 01: 11:1 T-IP Fignukellied Home Pak le T- IC Plansntedised Home. abdivision wit 200' Nw 0 L:t77"t;te,.s S''wb/e'ciFttpeftjr er..5 200' nted cc V ClOOFECS a*CO6CPOOOFEOZWOp A opp0.11,x I COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0809 -04 Name: WILLIE ESPARZA Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 26 Returned undeliverable: 0 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 0 II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: Opposition: 0 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:\PLN -DIR \SHARED \1. Planning Commission\2009 PC\2009 Public Comments \0809- 03.doc -207- H:\PLN- DIR\SHARED \1. Planning Commission\2009 PC\2009 Notices 10809- 04_OWNERSHIP_LIST.xls 2 NOTICES OUTSIDE NOTIFICATION AREA CO m 0 O T n n 0 O Z N 00 0 mm • o c I 0 mm 0 = � 0)r > . m_ c n Nm O 3 m Ni >-4 E c R �O C� .N. m n T C » m W 7 -Di D D O 9 Z 3.• 0 go .. v 3 m •n • s m a E ; a m • a • a Y O 0 Xi ID sndaoo Jool.4 pJE'1s piedoai 9042 O 0 0 0 0 n X AO W C '19 1NOHINV 9E09 X1) Sld2IO0 3620 S PADRE ISLAND DR CORPUS (TX A ZN8Z1l)0VdH1fOS 26 NOTICES INSIDE NOTIFICATION AREA —208 N N NNNNNN + WN + +0f00)V 0 + W N + +0W0) V V m3nAWN + e m m m 0)m 0 0) m m m m m m l 8 818700020050 818700020060 818700020390 m 0) 0 0)m 818700010410 818700010420 818700010430 818700010440 ALCARAZ PAULO GUTIERREZ A ZAPATA ELIDA C CARDENAS ALEXANDER AND NAVARRO CECILIO SERRATO, DELIA MORENO ADOLFO W CALDERON, NORMA D SANCHEZ DELFINO DEL RAY E GARZA EDMUND ET UX ELSA M VALADEZ ROBERT P KASPAR MICHAEL R FRANCO FLORENCE MENDIOLA PLUNK C B POMPA, BELINDA G SKALL, ROBIN UVALLE JESUS 5 JR DE LEON REFUGIA VALDEZ CHAVEZ PABLO P ET UX ESPINOZA ROBERT R BUSTOS LUCY M BLEVINS DON E 8 GONZALEZ, JORGE AND PEREZ MARIA ELENA ROY ALLEN F JR ETUX CAROL ESPARZA GUILLERMO ESPARZA, GUILLERMO A ROW 5005 ANTHONY 5038 CARROLL LN 5034 CARROLL LN 4617 MT VERNON 3625 PANAMA DR 5002 ANTHONY J B BLEVINS WFE MINERVA GONZALEZ 5037 ANTHONY DBA ALLEN'S AUTO TRIM 3620 S PADRE ISLAND DR 3620 S PADRE ISLAND DR MARIA G ALCARAZ 5030 ANTHONY ST CLAUDIA P CARDENAS WFE 5022 ANTHONY STREET 5021 KASPER 5025 KASPER 5029 KASPER ST PATRICIA WINTERROTH 5037 KASPER 7426 LUGANO DR RR 1 BOX 7 P O BOX 7892 5034 KASPER 5030 Kasper ST 7133 WINDBROOK LN 5033 ANTHONY 5041 ANTHONY 5034 ANTHONY ST 5026 ANTHONY STREET 5033 KASPER SOUTH PARK LT 1 BK 1 LESS PORTION TO ROW SOUTH PARK LT 2 BK 1 SOUTH PARK LT 3 BK 1 SOUTH PARK LT 4 BK 1 SOUTH PARK LT 39 BK 1 SOUTH PARK LT 40 BK 1 SOUTH PARK LT 41 BK 1 SOUTH PARK LT 42 BK 1 SOUTH PARK LT 43 BK 1 SOUTH PARK LT 44 BLK 1 SOUTH PARK LT 1 BK 2 SOUTH PARK LT 2 BK 2 SOUTH PARK LT 3 BK 2 SOUTH PARK LT 4 BK 2 SOUTH PARK LT 5 BK 2 SOUTH PARK LT 6 BK 2 SOUTH PARK LT 39 BK 2 SOUTH PARK LT 40 BK 2 SOUTH PARK LT 41 BK 2 SOUTH PARK LT 42 BK 2 SOUTH PARK LT 43 BK 2 SOUTH PARK LT 44 8K 2 SOUTH PARK LT 1 BK 3 SOUTH PARK LT 2 BK 3 SOUTH PARK LT 3 BK 3 SOUTH PARK LT 4 BK 3 O m 1 n 00 d W H • n O Z• Cs c O n • 03 3 ` (0 a A r m N. m 0 r- 0 SMART GROWTH COMPARISON: Polices listed below are taken from "Getting to ATTACHMENT # 7 Smart Growth II: 100 More Policies for Implementation ", provided by the Smart Growth Network. Zoning Case: j0809-04 Guillermo (Willie) Esparza From: "A-1" To "B -1" Will the r,_tluest promote development that fosters the following? Answer Pts. Weight Score 3 1. Mix laud uses. Project provides a new type or development to an existing neighborhood such as 3 uses added 3 employment, housing, retail, civic, educational, cultural, recreation, neighborhood- serving retaiL'service? 2 uses added 1 use added 2 1 � x Z 3 Reuses closed, decommissioned or obsolete institutional uses? Yts 1 No 0 x 2 0 Project is mixed use (any combination of housing, retail, office, commercial, public buildings, etc.) 4 + uses 3 + uses 3 2 x2 0 2 + uses 1 2. Takes advanta • e of com . act buildin • desi • 1. 2 Utilizes reduced setbacks and /or compact development that supports more 1 stores and restaurants within a neighborhood boundary, or creates opportunities to pursue a range of activities in a small area? Yes No 0 x 3 0 Manages and effectively provides a transition between higher and lower - density Yes 1 neighborhoods? No 0 x 2 2 3. Creates a ran, e of housin l o • • ortunities and choices. 0 Implements a range of housing options with a variety of types and unit sizes Yes 1 3 within the communi ? (condos, townhomes, sin:le -famil , a.artments No 0 x 0 Utilizes private and public property tax exemption programs or local, state, or Federal funding incentives for mixed - income developments and/or low- income homeowners and individuals to reduce building costs and uses available Yes No 1 0 x 3 resources more effectively? 0 The project promotes development (residential, commercial, office) with a wide Yes 1 ran:e in .ricing available for varyin. income levels for sale or lease? No 0 x 3 0 4. Creates walkable nei • hborhoods. 6 Promotes development close to schools, comer stores, dry cleaners, restaurants, and other services that promotes walkable communities and reduces long- Yes 1 x 3 distance commutes? 3 Will incorporate sidewalks or a bike or pedestrian path into the final Yes 1 3 development or connects to existing sidewalks? No 0 x 3 Promotes development so children are close enough to walk to school? Yes 1 No 0 x 2 0 5. Fosters distinctive, attractive communities with a strong sense of ' place. 5 The building is an existing building that is historic in any way, or provides Yes 1 Focus on a historical, cultural, or natural attributes? No 0 x 2 0 Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Yes 1 x 2 Develo.ment Plan, the Future Land Use Ma., and/or Com.rehensive Plan? No 0 2 Promotes shopping and makes retail centers distinctive and attractive Yes 1 3 destinations and gatherin :.laces where residents fre •went on the weekends? No 0 x 0 Revitalizes the waterfront, beach, or bay areas? Yes 1 No 0 x3 0 Does the project remove blight from its neighborhood? Yes 1 No 0 x3 3 —209— 6. Preserves open space, farmland, natural beauty, and critical environmental areas. - 3 Preserves critical areas for water - quality protection including wetlands, riparian-- corridors, floodplains, and retains or creates buffer zones surrounding these areas; utilizes land management techniques, to decrease the amount of pollution Yes No 1 0 x 4 entering the water system and preserve wildlife habitats? 0 Does the project implement green building techniques or standards for reducing Yes 1 environmental im.acts? No 0 x 3 0 Supports tree preservation onsite and /or provides adequate tree landscaping (at a Yes 1 minimum) to re.lace trees being removed? No 0 x 3 3 Provides community green open space or includes useable green space for Yes 1 outdoor recreation and preserves views of scenic, historic or cultural areas? No 0 x 3 Does it avoid the acquisition and change in use of operating farms or prime Yes 1 farmland? No 0 x 2 0 7. Strengthens and directs development toward existing communities. 18 Is the project located adjacent to existing infrastructure; roads, water, sewer? Existing 3 Service is; Less than '/4 mile 2 x 4 '/ato''Amile 1 '/2 + miles 0 12 Is the availability of existing public services, such as police, fire, schools and Yes 1 health, sufficient to serve the project? No 0 x 3 Is the project a redevelopment of an existing building or brownfield area that Yes 1 would make the property a productive piece of land? No 0 x 3 Will the project encourage commercial and retail investment in underserved Yes 1 communities? No 0 x 3 0 Does the project enhance the use of existing public outdoor recreation facilities Yes 1 or areas, such as parks, fishing piers, boat storage areas, or rental equipment? No 0 x 2 0 Is the project in an area with declining school enrolment that threatens its, neighborhood schools with closure or support residential use in areas with historically declining school enrollment? Yes No 1 0 x 2 0 8. Provides a variety of transportation choices. The proposed project is accessible by multiple modes of transportation (auto, bus, rail, bikini, walking)? 3 modes 2 modes 2 1 x 3 The project within walking distance to public transit? (Within 1,000 ft) Yes 1 No 0 x3 3 9. Makes develo 1 ment decisions predictable, fair and cost effective. 10 The project is consistent with the Future Land Use Map and Comprehensive Yes 1 Plan? No 0 x 2 The project is consistent with the Area Development Plan? Yes 1 No 0 x 2 Is the proposed project located along transportation corridors where traffic is funneled to right -of -ways capable of handling the increased traffic without significantly decreasing the transportation levels of service for surrounding areas? Yes No 1 0 x 3 3 Will the project design incorporate systems for reducing storm water runoff or Yes 1 provide onsite retention? No 0 x 3 0 Does project contribute to the economic vitality and diversity of the community or propose commercial or industrial development in areas with high unem.lo ment or chronic .ove ? Yes No 1 0 x 3 3 Point Grading System: Smart Growth Rating Total Points 56 0 -20 pts = * 21 -39 pts.= ** 40 -59 pts = * * * 60 -79 pts = * * * * 80 -100 pts = * * * * * * * * —210— MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday August 19, 2909 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice- Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Mark Adame John Taylor STAFF: Johnny Perales, P.E., Interim Assistant City Manager, Development Services Faryce Goode - Macon, Assistant Director of Development Services /Planning Miguel S. Saldana, AICP, Senior Planner Lisa Wargo, Senior Planner Robert Payne, AICP, Senior Planner Jay Reining, First Assistant City Attorney Deborah Brown, City Attorney Elena Juarez, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:35 p.m. III. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. NEW ZONING a. Case No. 0809 -04 Willie Esparza — A change of zoning from "A -1" Apartment House District to "B -1" Neighborhood Business District resulting in a change of land use from residential to business office use South Park, Block 2, Lot 2, generally located on the north side of South Padre Island Drive, approximately 2,331 feet northwest of Weber Street, at 5038 Anthony Street. Lisa Wargo, Development Services, presented the above stated case via PowerPoint presentation. Ms. Wargo stated the applicant is Willie Esparza. Ms. Wargo stated the applicant is requesting to rezone.l7 acres of the South Park, Block 2, Lot 2, from "A -1" Apartment House District `B -1" Neighborhood Business District for a Future Dental Office. The subject property is generally located on the north side of South Padre Island Drive, approximately 2,331 feet northwest of Webber Street, at 5038 Anthony Street. Ms. Wargo stated north, east and west of the property is "A -1" Apartment House District and to the south of the property is "B -1" Neighborhood Business District. -211- Planning Commission Minutes August 19, 2009 Page 2 Ms. Wargo stated the property immediately to the south of the subject site was rezoned from the "A -1" Apartment House District to the "B -1" Neighborhood Business District in December of 2004. The property to the east and adjacent to the property to the south of the subject property, located at the corner of Kasper and SPID, was rezoned from the "A -1" Apartment House District to the "B -1" Neighborhood Business District with a Special Permit for auto sales in September of 2000. Ms. Wargo stated two blocks further east, the second lot north of SPID on Monitor Street was rezoned from the "A -1" Apartment House District to the "B -4" General Business District in June of 2000. Ms. Wargo stated future land use map shows commercial zoning to the north, east, south and west of the property. The future land use map also shows how the first three lots of each block to the north of SPID in this area are transitioning areas, and are planned for commercial uses. The subject property and the properties to the north, east and west as being utilized for residential purposes, and the property to the south being used for commercial purposes. Ms. Wargo stated the "A -1" Apartment House District is the highest residential density district, and is generally located near or within the central part of the city. This district provides for certain transient residences, as well as permanent residences and certain institutional uses. The "A -1" Apartment House District requires a 20 foot front yard setback and a 5 foot side and rear yard setback for 1 & 2 family structures, and a 10 foot side and rear yard setback for 3 plus family structures, plus an extra 5 feet for every additional story. Heights within this district may not exceed 45 feet or 3 stories. Ms. Wargo stated the Applicant is requesting to rezone the property to the `B -1" Neighborhood Business District, which allows for residential uses, office professional service and retail uses, and banks, beauty parlors, and restaurants. This District requires a 20 -foot front yard setback, zero side and rear setbacks for nonresidential uses; and a 10- foot side and rear yard setback for residential uses, or adjacency to residential uses. There is a 35 -foot maximum height, or 3 story maximum. The `B -1" District permits a residential density of 36.30 units per acre. Outside storage is not a permitted use in the "B -1" District. Ms. Wargo stated there were 28 notices mailed out, 26 in the notice area and 2 outside the notification area. One notice was received in favor and one in opposition. Ms. Wargo stated staff recommends approval of the "B-1" Neighborhood Business District. In response to Commissioner Skrobarczyk, Faryce Goode - Macon, Development Services, stated Texas Department of Transportation would have final ruling on ingress /egress issues. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve was made by Commissioner Skrobarczyk and seconded by Commissioner Taylor. Motion passed unanimously with Commissioner Nadkarni being absent. —212— Page 1 of 1 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GUILLERMO A. (WILLIE) ESPARZA, BY CHANGING THE ZONING MAP IN REFERENCE TO SOUTH PARK, BLOCK 2, LOT 2, FROM "A- 1" APARTMENT HOUSE DISTRICT TO "B -1" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Guillermo A. (Willie) Esparza, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 19, 2009, during a meeting of the Planning Commission, and on Tuesday, September 22, 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, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on South Park, Block 2, Lot 2, located on the north side of South Padre Island Drive, approximately 2,331 feet northwest of Weber street, at 5038 Anthony Street from "A -1" Apartment House District to "B -1" Neighborhood Business District. (Zoning Map 046037) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \9- 22 \ORL zp ng 0809 -04 Esparza B -1 Anthony St.doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 22nd day of September, 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: September 14, 2009 AT2',#ZA/C--(2/& j ,Deborah Walther Bow ' Assistant City Attorney For City Attorney H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \9- 22 \ORD- zoning 0809 -04 Esparza B -1 Anthony St.doc —214— Page 3 of 3 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, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney , Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2009 Agenda \9- 22 \ORD- zoning 0809 -04 Esparza B -1 Anthony St.doc —215— .24 G70 -EST TES 3 21 36 3 37 if) 34 13 UBJECT PROPERTY P100 -1 - Jea3r= s:cY; +exaVop:e;. (t-es CASE # 0809 -04 APPLICANT'S REQUEST, PLANNING COMMISSION STAFF RECOMMENDATION EXHIBIT A FROM: A -1 TO: B -1 S( JECT w• •PE• ORDINANCE: JLOCATION AMP 21. NO ATTACHMENT FOR THIS ITEM 22 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 09/22/09 AGENDA ITEM: A motion confirming the City Manager's appointment of Troy Riggs as Police Chief. ISSUE: The Police Chief position became vacant on January 5, 2009. The City began recruitment to fill the position soon thereafter. The recruitment process resulted in the City Manager's selection of Troy Riggs for Police Chief. REQUIRED COUNCIL ACTION: The Police Chief is an appointment of the City Manager, however the appointment must be confirmed by the City Council in accordance with state statute. PREVIOUS COUNCIL ACTION: There has been no previous action by City Council on this appointment. CONCLUSION AND RECOMMENDATION: The City Manager recommends that City Council approve this appointment, and confirm Troy Riggs as Police Chief. (obar, Al P.E. ity Manager 'angele @cctexas.com 361- 826 -3220 Attachments Troy Riggs resume BACKGROUND INFORMATION The City conducted a search to secure in order to fill the vacant position of Chief of Police utilizing the following process. Advertisement in the International Association of Chief's of Police (IACP) publication, Police Chief Magazine, TML, PEJC (Police Executive Jobs.com) and the City's internet site. Receipt of eighty -six (86) applications were screened down to twenty -six (26) individuals for telephone screening, and the final six (6) participated in interviews with a community panel consisting of the following members: Ruben Bonilla, Henry Garrett, Jim Kaelin, Commander Sean Mannix, Reverend Henry Williams, and Sylvia Whitmore The community panel selected two (2) finalists. The City Manager considered the recommendation of finalists by the community panel, and selected Troy Riggs to serve as the City's next Police Chief. Troy Riggs resume is attached. July 22, 2009 Karen Harling 1201 Leopard Street Corpus Christi, Texas 78408 Dear Ms. Harling, This letter is to express my interest in the position of Police Chief for the City of Corpus Christi. I am currently the Chief of Staff/Assistant Chief of Police for the Louisville Metro Police Department (LMPD) in Kentucky.. During my 20 years of policing, I have been honored to serve the citizens of my community in many capacities. Perhaps the most noteworthy is my involvement in assisting with the merger of the former Jefferson County and Louisville Governments and the subsequent formation of one police agency from the two former departments (Jefferson County Police and Louisville Division of Police). Police unification occurred in 2003 and I was chosen to be part of the executive team tasked with this responsibility. Prior to merger departmental parochialism, traditional style policing, questionable police actions, among other issues had alienated the community and other stakeholders from the previous departments. For the last six years, I have worked with the Chief of Police to strategically align our management team and to work diligently to make the LMPD more open to the public. Many steps were taken to do this, but none more important that increasing the internal and external communication efforts of the department. The experience of merger and previous held positions have given me a broad range of executive level operational, administrative, and leadership experience in a large, urban department with strong labor unions. If selected for this position, I am confident that my vision, leadership, participative management style, and relentless drive to provide quality service to the community will prove to be successful. Additionally, my reputation for integrity, openness, accountability, and cooperative relationships with national, state, and local government agencies will provide additional security for the citizens of Corpus Christi. Sincerely, Troy Riggs 10217 Glenmary Farm Drive Louisville, KY 40291 —225— D. Troy Riggs 633 West Jefferson Street, Louisville Kentucky 40202 (502) 817-0795 Cellular -0502) 290 -2426 Home Work -- Troy.Riggs @LouisvilleKY.Gov Home -- Liberty4 @insightbb.com Education i0: -2i1 L ne Solid background in patrol, investigations, crime prevention measures, media relations, coordinating security and logistics for dignitary visits, world -wide sporting events, and designing and implementing citizen services. Assist in establishing departmental policy and procedures. Developed numerous community policing initiatives to include our multi- ethnic community. EMBA, Sullivan University, Louisville, Kentucky BS Political Science, University of Louisville, Louisville, Kentucky sis . n f f P.li an hief .f 10 0 11 lus 2004-2005 1984 -1988 Responsibilities: • Reviews and exercises general supervision over the following Major Crime Division units: Homicide; Robbery; Fraud; Crimes Against Seniors; Sex Crimes; Crimes Against Children; and Forensics – Crime Scene Investigation • Reviews activities and exercises general supervision over the following sperialized units: Homeland Security; Narcotics; Vice; Intelligence; SWAT Team; Dignitary Protection; Special Events (Kentucky Derby, Senior Olympic Games, Ryder Cup); Bomb Squad, Hazardous Devices Unit • Commander of the Support Operations Bureau —Public Relations Unit, Major Crimes Division, Special Operations, and Community Relations Unit • Marketing of police initiatives • Development of community partnerships • Liaison to the Mayor's Office and Metro Council • Internal and external correspondence Successes: • Developed efficiency teams to streamline operations within the bureau, while increasing services • Expanded partnerships with federal law enforcement that has resulted in major arrests and investigations • Developed and marketed the Keep Louisville Safe-574 -LMPD Campaign • Expanded Crime Prevention measures • Gained national attention for department—First 48 (A&E Network), and 24/24 (Tru Network) • Developed and implemented a marriage enrichment class for officers • Secured funds necessary to purchase an Automated Fingerprint Identification System (AFIS) machine 2003- 200& Major Chief of Staff (S92 000 plus benefits) Responsibilities: • Assist Chief of Police with overseeing at 1200 sworn and 300 civilian personnel police department • Commander of the Community Relations Unit • Liaison to the Mayor's Office and Metro Council • Citizen Services — ranging from compliments to complaints • Guest speaker at a variety of functions • Guest instructor at Department of Criminal Justice Training • Member of the Mayor's Diversity Task Force • Appointed by the Mayor to the State Homeland Security Task Force -226- Successes: • Assisted the Chief with the successful unification of two police deparnents into the Lo . sville Metro Police Department fonnex Jefferson County and Louisville Police Departments • Gained national attention for the police depan.*nent —ABC, CNN, New York Times, USA Today, and the Laura Ingel Syndicated Broadcast • Substantially increased media coverage and public awareness for LMPD • Developed and implemented the 574 -LMPD tip line which has resulted in over 100,000 contacts and nearly 3000 individuals arrested since October, 2004 • Developed marketing plans for 574 -LMPD, Meth Campaign, Neighborhood Watch, etc. • Marketing efforts led to Chief White receiving Communicator of the Year Award • Coordinated the implementation of the Police Foundation, consisting of local CEOs • Expansion of the Neighborhood Watch program • Developed numerous community initiatives — citizen, immigrant, Latino, and media academies • Successfully implemented a volunteer program • Instituted initiatives that have saved taxpayers over three million dollars • Coordinated leadership training seminar for mid -level managers 2011 -200: 'an Co» a n.er .fS.eci Responsibilities: • Coordinated special projects for the Jefferson County Police Department • Supervised Public Information Office • Developed marketing plans for communicating the department's mission to the public • Reviewed all merger related matters affecting the department Pro'ects Media Relations 0 1 0 lus benefit Successes: • Developed and coordinated "Day with the Candidates" forum at Southfield's training facility for all metro government candidates. • Developed and coordinated "Young Professional Organization" Chief for a Day program. Approximately 30 local CEOs took part in this event • Increased media exposure of the department local, state, and national 1998 -2001: Press Secretary Jefferson County Government ($63 000 plus benefits) Responsibilities: • Chief spokesperson for Jefferson County Government • Chief advisor for the Judge /Executive • State of County and Budget Address speech writer • Managed the operations of Community Outreach Efforts Successes: • Developed Jefferson County Government's first media policy • Developed Judge /Executive emergency response plan • Lobbied in Washington, D.C. regarding local issues • Lobbied in Frankfort, KY regarding merger of Louisville and Jefferson County Governments • Developed marketing plan resulting in media coverage tripling for Jefferson County Government • Creator of the Millennium Maker Award -2,000 citizens awarded —227— Troy Riggs 2 1989- 1998.Offi cer and Sergeant ($25,000 to $62,000 plus benefits) Responsibilities: • Acted as spokesperson for the Chief of Police and the department as an officer and sergeant • Editor of the Chief's newsletter, the Communicator • Lead officer in patrol division Successes: • Developed media relations lesson plan that is still being utilized to train Chiefs of Police and police officers in KY, by the Department of Criminal Justice Training • Developed and hosted "Partnership with the Community" cable program • Developed, produced, and hosted live telecasts with local ABC affiliate • Developed innovative enforcement initiatives to complex issues PUBLICATIONS: • "Crime Prevention through Community Engagement," American Crime Prevention Institute, 2008 • "Tip Lines that Work," American Crime Prevention Web -Site, 2008 • `Media Relations, 101 ," Department of Criminal Justice Training, State of Kentucky, 1999 • `Media find policing difficult; a look inside a media academy," National Information Officers Newspaper, 1999 • "Media Outlets Broadcast Fugitive Profiles, Capture Criminals," National Community Policing Exchange, July 1998, page 4 • Editor, The Communicator Newsletter 1996 -1998 • Assistant Editor, The Badge Newsletter 1994 -1998 • Contributing Reporter, County Connection 1997 -1998 • Contributing Reporter, County Line Newsletter 1997 -1998 AWARDS. ACCOMODATIONS, AND ACCOMPLISHMENTS: • Anti- Defamation League, Advanced Training Course on Extremist and Terrorist Threats, 2009 • US Secret Service Dignitary Protection Training, 2009 • Southern High School Hall of Fame member, 2009 • Leadership Louisville Graduate, 2008 • Jefferson County Government, Jefferson Cup Award, 2001 • Jefferson County Government, Millennium Maker Award, 2000 • Department of Criminal Justice Training, Certificate of Appreciation, 1998 • Jefferson County Emergency Medical Services, Outstanding Contribution to Disaster Response Team Award, 1997 • Walnut Street Baptist Church, S.E.A.L. ( Summer Enrichment and Academic Learning) Award, 1996 • Jefferson County Police Department's Commanding Officers' Association, Outstanding Achievement .Award, 1994 COMMUNITY SERVICE: • Center for Women and Families, board member -2008 to present • Louisville Youth Training Center (2007 to present) • Fellowship of Christian Athlete speaker (2006 to present) • Mayor's Diversity Committee (2005 -2007) • Citizens Corps Program Regional Council (2005 -2007) • Church volunteer soccer and basketball coach (1995- present) PERSONAL: • Married for 18 years to Kara, with two boys —228— Troy Rises 3 23 AGENDA MEMORANDUM DATE: September 22, 20C9 SUBJECT: Street Overlays Groups 1 and 2 Project Nos. 6475 and 64801 CIP No. Bond 2008 ST 13 AGENDA ITEM: A. Motion authorizing the City Manager, or his designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $2,733,748.55 for Street Overlays Group 1 for the Total Base Bid. (BOND ISSUE 2008) B. Motion authorizing the City Manager, or his designee, to execute a construction contract with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $1,586,683.75 for Street Overlays Group 2 for the Total Base Bid. (BOND ISSUE 2008) ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. It consists of new street overlays, new lane striping, curb and gutter replacement as necessary, valve and manhole adjustments, and new ADA- compliant curb ramps at required locations, as determined by the City and the A/E on portions of the following city streets: Agnes Street, Laredo Street, Wood River Drive (2 sections), Horne Road, Tarlton Street and Kostoryz Road (Group 1), Glen Oak Drive, Hustlin' Hornet Drive, Whitecap Boulevard, Flato Road, Wooldridge Road and Yorktown Boulevard (Group 2). The project has bid and Council approval is required to award the construction contract. FUNDING: Funding is available from the Streets, Storm Water, Water, Wastewater and Gas Capital Improvement Budget FY 2009. RECOMMENDATION: Staff recommends approval of the Motion as presented. Ops/&? ene ray, P.E. tv--Pete Anaya, P.E., rector of Storm Water and Street Services 826 -1875 or 826 -1872 vareriect @cctexas.com ert/i.:;/(6( Director of Engineering Services 361 - 826 - 3781 . petean c- Ctexas.com 1 Foster Crowell Director of Wastewater Services 823 -1801 fostercia cctexas.com Gustavo Gonzalez, PE Director of Watera,Services' 826 -18,74 gustavo o ,cctexas.com 11 W OME%elyCAGE 1STRBETE,6125 orrd MSO. Suva Overlays -Groups 1 & 2 BOND 20011 Coustrucuonl2 AGENDA MEMOAoe Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Tabulation of Bids Exhibit "D" Project Budget Exhibit "E" Location Maps (Pages 1 & 2) BACKGROUND INFORMATION SUBJECT: Street Overlays Groups 1 and 2 Project Nos. 6475 and 6480 / CIP No. Bond 2008 ST 13 PROJECT DESCRIPTION: The project consists of asphalt overlays on portions of several City streets. The streets will be in two groups: Group 1 includes the following streets: • Agnes from Crosstown to Port Avenue • Laredo from Crosstown to Agnes • Wood River from FM 624 to Guadalupe • Wood River from Guadalupe to Beal • Horne from Port Avenue to Greenwood • Tarlton Street from Ayers to Crosstown • Kostoryz from SPID to Holly The project base bid for Group 1 will include 62,960 sq. yds. pavement milling, 5,290 sq. yds. of full depth pavement repair, 25,640 sq. yds. geogrid reinforcement, 25,640 sq. yds. high strength base, 78,285 sq. yds. seal coat, 78,285 sq. yds. hot -mix asphalt concrete pavement, 126 each valve adjustments, 94 each manhole adjustments, 6,080 In. ft. of curb replacement, 6,975 sq. ft. ADA compliant curb ramps, 77,640 In. ft. of pavement striping and all associated traffic control measures in accordance with the plans, specifications and contract documents. Group 2 includes the following streets: • Glen Oak from Flour Bluff Drive to Waldron • Hustlin' Hornet from Debra to Laguna Shores • Whitecap from Park Road 22 to Gulf of Mexico • Flato Road from Bear Lane to Bates • Wooldridge Road from Quebec to Oso Parkway • Yorktown from Waldron to Laguna Shores The project base bid for Group 2 will include 68,715 sq. yds. of pavement milling, 2,900 sq. yds. of full depth pavement repair, 15,650 sq. yds. of pavement reclamation with cement treatment, 73,865 sq .yds. seal coat, 73,865 sq. yds. hot -mix asphalt concrete pavement, 17 each valve adjustments, 11 each manhole adjustments, 29,000 sq. ft. of removal of existing brick walkway, 29,000 sq. ft. of stamped concrete sidewalk, 2,050 In. ft. of TxDOT- style metal beam guard fence, 450 sq. yds. high strength base, 850 sq. ft. ADA compliant curb ramps, 76,010 In. ft. of pavement striping and all associated traffic control measures in accordance with the plans, specifications and contract documents. BID INFORMATION: On August 26, 2009, the City received proposals from three (3) bidders for Group 1 and two (2) bidders for Group 2 (see Exhibit "C" Tabulation of Bids). The bids range from $2,733,748.55 to $3,609,286.84 for the Total Base Bid for Group 1 and $1,586,683.75 to $1,607,685.15 for the Total Base Bid for Group 2. The estimated cost of construction is $4,381,600 for Group 1 and $3,101,193 for Group 2. —233— The bids are evaluated based on the Total Base Bid for each Group. Separate contracts may be awarded for each Group or combination of the two Groups depending upon bid amounts for each Group, in the greatest advantage for the City and subject to the availability of funds. Bidders may choose to "No Bid" any Group by inserting that language on the Proposal Form for that particular Group. One bidder bid in the amount of $3,609,286.84 for Group 1 and chose to have "No Bid" for Group 2. Bay, Ltd. of Corpus Christi, Texas was the low bidder for Group 1 and Haas - Anderson Construction, Ltd. was the low bidder for Group 2. The city's consultants, RVE, Inc. for Group 1 and Coym, Rehmet and Gutierrez Engineering, L.P. for Group 2, have verified references of Bay, Ltd. and Haas - Anderson Construction, Ltd.; and all references have been complimentary. The City's consultants RVE, Inc. and Coym, Rehmet and Gutierrez Engineering, L.P., and City staff recommend a contract be awarded to Bay, Ltd. in the amount of $2,733,748.55 for Street Overlays Group 1 for the Total Base Bid and Haas - Anderson Construction, Ltd. in the amount of $1,586,683.75 for Street Overlays Group 2 for the Total Base Bid. CONTRACT TERMS: The project is estimated to require 300 calendar days for Group 1 and 180 calendar days for Group 2, with completion anticipated in August 2010. PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. —234— EXHIBIT "A" Page 2 of 2 BACKGROUND INFORMATION SUBJECT: Street Overlays Groups 1 and 2 Project Nos. 6475 and 6480 / CIP No. Bond 2008 ST 13 PROJECT DESCRIPTION: The project consists of asphalt overlays on portions of several City streets. The streets will be in two groups: Group 1 includes the following streets: • Agnes from Crosstown to Port Avenue • Laredo from Crosstown to Agnes • Wood River from FM 624 to Guadalupe • Wood River from Guadalupe to Beal • Horne from Port Avenue to Greenwood • Tarlton Street from Ayers to Crosstown • Kostoryz from SPID to Holly The project base bid for Group 1 will include 62,960 sq. yds. pavement milling, 5,290 sq. yds. of full depth pavement repair, 25,640 sq. yds. geogrid reinforcement, 25,640 sq. yds. high strength base, 78,285 sq. yds. seal coat, 78,285 sq. yds. hot -mix asphalt concrete pavement, 126 each valve adjustments, 94 each manhole adjustments, 6,080 In. ft. of curb replacement, 6,975 sq. ft. ADA compliant curb ramps, 77,640 In. ft. of pavement striping and all associated traffic control measures in accordance with the plans, specifications and contract documents. Group 2 includes the following streets: • Glen Oak from Flour Bluff Drive to Waldron • Hustlin' Hornet from Debra to Laguna Shores • Whitecap from Park Road 22 to Gulf of Mexico • Flato Road from Bear Lane to Bates • Wooldridge Road from Quebec to Oso Parkway • Yorktown from Waldron to Laguna Shores The project base bid for Group 2 will include 68,715 sq. yds. of pavement milling, 2,900 sq. yds. of full depth pavement repair, 15,650 sq. yds. of pavement - reclamation with cement treatment, 73,865 sq .yds. seal coat, 73,865 sq. yds. hot -mix asphalt concrete pavement, 17 each valve adjustments, 11 each manhole adjustments, 29,000 sq. ft. of removal of existing brick walkway, 29,000 sq. ft. of stamped concrete sidewalk, 2,050 In. ft. of TxDOT- style metal beam guard fence, 450 sq. yds. high strength base, 850 sq. ft. ADA compliant curb ramps, 76,010 In. ft. of pavement striping and all associated traffic control measures in accordance with the plans, specifications and contract documents. BID INFORMATION: On August 26, 2009, the City received proposals from three (3) bidders for Group 1 and two (2) bidders for Group 2 (see Exhibit "C" Tabulation of Bids). The bids range from $2,733,748.55 to $3,609,286.84 for the Total Base Bid for Group 1 and $1,586,683.75 to $1,607,685.15 for the Total Base Bid for Group 2. The estimated cost of construction is $4,381,600 for Group 1 and $3,101,193 for Group 2. —235— H:\HOME\KenvO\GEN\CTRFFTC \fd75 n,.A C.4RfL Crrnnt (lvn•vve_(:munc 1 R 7 ROM1 7MR \Cnnttruetinn \1 ACCENOA EACICC:Rf111NI1 1 - The bids are evaluated based on the Total Base Bid for each Group. Separate contracts may be awarded for each Group or combination of the two Groups depending upon bid amounts for each Group, in the greatest advantage for the City and subject to the availability of funds. Bidders may choose to "No Bid" any Group by inserting that language on the Proposal Form for that particular Group. One bidder bid in the amount of $3,609,286.84 for Group 1 and chose to have "No Bid" for Group 2. Bay, Ltd. of Corpus Christi, Texas was the low bidder for Group 1 and Haas - Anderson Construction, Ltd. was the low bidder for Group 2. The city's consultants, RVE, Inc. for Group 1 and Coym, Rehmet and Gutierrez Engineering, L.P. for Group 2, have verified references of Bay, Ltd. and Haas - Anderson Construction, Ltd.; and all references have been complimentary. The City's consultants RVE, Inc. and Coym, Rehmet and Gutierrez Engineering, L.P., and City staff recommend a contract be awarded to Bay, Ltd. in the amount of $2,733,748.55 for Street Overlays Group 1 for the Total Base Bid and Haas - Anderson Construction, Ltd. in the amount of $1,586,683.75 for Street Overlays Group 2 for the Total Base Bid. Since the bids came in significantly lower than the estimated cost of construction ($4,381,600 for Group 1 and $3,101,193 for Group 2), City staff is working with the Bond council to research the possible use of the remainder of the Bond Issue 2008 proceeds for this project be used to fund additional city -wide street overlays. CONTRACT TERMS: The project is estimated to require 300 calendar days for Group 1 and 180 calendar days for Group 2, with completion anticipated in August 2010. PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. FUTURE COUNCIL ACTION: Approval of a contract for professional services and a construction contract to complete the recommended additional city -wide street overlays funded by the remaining Bond Issue 2008 proceeds associated with this project. —236— IEXHIBIT "A" I Page 2of2 PRIOR PROJECT ACTIONS SUBJECT: Street Overlays Groups 1 and 2 Project Nos. 6475 and 6480 / CIP No. Bond 2008 ST 13 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. 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) 4. February 10, 2009 — A. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas, in the amount of $549,830 for the Street Overlays Group 1 project for the following streets: (BOND ISSUE 2008) (M2009 -030) • Agnes from Crosstown to Port Avenue • Laredo from Crosstown to Agnes • Wood River from FM 624 to Guadalupe • Wood River from Guadalupe to Beal • Horne from Port Avenue to Greenwood • Tarlton Street from Ayers to Crosstown • Kostoryz Street from SPID to Holly B. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, L.P., of Corpus Christi, Texas, in the amount of $552,210 for the Street Overlays Group 2 project for the following streets: (BOND ISSUE 2008) (M2009 -031) • Glen Oak from Flour Bluff Drive to Waldron • Hustlin' Hornet from Debra to Laguna Shores • Whitecap from Park Road 22 to Gulf of Mexico • Flato Road from Bear Lane to Bates • Wooldridge Road from Quebec to Oso Parkway • Yorktown from Waldron to Laguna Shores H:\HOME\KellyO \GEN\STREETS \6475 and 6480- Street Overlays -Groups 1 & 2 BOND 2 38Z3stfuction\4 PRIOR PROJECT ACTIONS.doc PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non- local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non- local). 4. March 25, 2009 — Executed Testing Agreement with Rock Engineering and Testing Laboratory, Inc. in the amount of $31,812.50 for Street Overlays Group 1 - Bond 2008. 5. March 25, 2009 — Executed Testing Agreement with Rock Engineering and Testing Laboratory, Inc. in the amount of $31,137.50 for Street Overlays Group 2 - Bond 2008. H: \HOME\KeIlyO \GEN\STREETS \6475 and 6480- Street Overlays -Groups 1 & 2 BOND 223c i ction \4 PRIOR PROJECT ACCIONS.doc TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS 4,381,600.00 Base Laid: $ n 03 CO c 0 N C O n t i° O • ti U • ~ 0 �• .) m V tO a`r OU Q d n EL to O 0 S Corpus Christi, TX 78469 UNIT TOTAL PRICE _ PRICE z.. �yt r�n $ 8,000.00 0 o 0 p N 69 $ _ 12,500.00 00 0 c O N $ 38,720.00 $ 67,340.00 0o °o CC No °o 07 $— — 2,376.00( No rn P $ 737.20 $ 1,603.68 No r ," V9 0 69 O NO O 64 O NO N (fl L$ 12,500.00 c0. r ° $ 2.20 $ 52.00 N r EA $ 580.00 0. v fA $ 0.40 v O di M o (ti 0 69 I $ 3.00 TOTAL PRICE � ... t. ,T• $ 28,000.00 $ 1,775.00 O o $ 21,120.00 $ 22,880.00 N co $ 141,680.00 $ O 0 N w 0 n r (• h 1,439.20 No .- r 69 r UNIT PRICE ors d - k �4_ $ 28,000.00 $ 1,775.00 $ 10,500.00 r $ 1.30 $ 48.00 ao c o 4 $ 31.35 o $ 0.40 $ 0.35 0 $ 2.80 TOTAL PRICE O O 0 (V 64 0 O O N (V V} O O O � e9 0 O (�O tt N E9 O NV_ (O N 69 $ 49,210.00 $ No o CO C (0 to E9 0 o 0 69 2,268.00 $ 734.45 W (00 1.9 $ 1,480.32 $ 109.50 $ 159.60 UNIT PRICE $ O 0 N 69 0 N N 69 0 0 N- 69 1.40 $ 1.50 $ 38.00 N) O 69 $ 1,400.00 $ 42.00 M 69 co 64 fH $ 0.73 co tfi DESCRIPTION t'v Mobilization, complete and in place per Lump Sum. Storm Water Pollution Prevention Plan, complete and in place per Lump Sum. Traffic Control, complete and in place per Lump Sum. Milling 0 " -3 ", complete and in place per Square Yard. Seal Coat, complete and in place per Square Yard. Full- Depth Pavement Repair, complete and in place per Square Yard. HMAC Overlay (2 "), complete and in place per Square Yard. Adjust Existing Storm Sewer Manhole with New Ring and Cover, complete and in place per Each. Remove and Replace Curb and Gutter, complete and in place per Linear Foot. Reflective Pavement Markings TY.1 (W) (4 ") (SLD) (100 mil), complete and in place per Linear Foot. Reflective Pavement Markings TY.I (Y) (4 ")(Broken) (100 mil), complete and in place per Linear Foot. Reflective Pavement Markings TY.1(W) (4 ") (Broken) (100 mil), complete and in place per Linear Foot. (Reflective Pavement Markings TY.1(W) (8 ") (SLD) (100 mil), complete and in place per Linear Foot. Reflective Pavement Markings TY.1 (W) (12 ") (SLD) (100 mil), complete and in place per Linear Foot. = 0 tIMPRO1' MENZ$ ", J Cr) J U) J >- (/) } CO } 03 >- V) < W U. J U. J lL -J LL J 11 J LL J QTY AONES 1 T T r 17600 17600 1295 17600 (n 3 1985 1843 4112 150 o Q 0) TABULATION OF BIDS Page 2 of 15 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS 4,381,600.00 Base Bid: $ 0 0 0 N N a 15 2 • co • W W W 0 --7 CI W J. Carrot Weaver, Inc. P.O. Box 1361 Sinton, TX 78387 -1361 TOTAL PRICE $ 509.6(7 o au o 0. 69 $ 262.50 $ 280.00 $ 38.50 _ $ 904.80 00 d oz) to 69 !! 00.00Z o o o to _ ~t� $ 14,400.00 ',�. s $ 19,500.00 II o o to co 69 $ 397,442.2811 UNIT PRICE 0 CO Ni 69 0 O CO 69 0 to C) 69 0 to C) 69 0 In C) 69 ..:• t 4+.i 0 CO Ni 69 0 O O 69 0 O O O N 69 $ 500.00 l s. ° •.s $ 16,500.00 $ 1,200.00 7$ x $ 21,060.00 11 $ 1,500.00 �rt :� v, � !'q , - o O O N N 69 HAAS- Anderson Construction, Ltd. P.O. Box 7692 Corpus Christi, TX 78467 TOTAL PRICE $ 500.50 0 co rn ER $ 273.75 $ 0 0 Ni ER to 0v ER 25,270.00 II $ 375,150.70 0 CO ER 0 CD t``)o ER 0 0., 00 ER 00.000'£ $ UNIT PRICE r Ni 69 CD CD tC) 69 $ 3.65 CO CO C) 69 CO CO O c) ER "" $ 3.20 $ 10.20 $ 1,000.00 d o 69 C_ 0 0 tC7 N- 69 ,fit $ 1,620.00 $ 665.00 Bay Ltd. P.O. Box 9908 Corpus Christi, TX 78469 TOTAL PRICE $ 500.50 CO co N` 69 o CO h N . $ 288.00 CO C) 69 $ 2,331.60 $ 3,864.00 0 0 C) CO 69 0 O O 69 a : `';. O cr. 69 k v: * $ 18,850.00 F a' $ 21,660.00 $ 351,338.28 UNIT PRICE In t- Ni v) 0 CD tf) 69 0 CO r) 69 0 CO C'7 ER 0 CD M ER ^' } 0 N- CC) 69 $ 10.50 0 O C co 69 $ 1,000.00 $ 1,200.00 w. O 0 O Lo 69 L _. 3 0 0 G r- FA BOND 2008 STREET OVERLAYS - GROUP 1 PROJECT NO. 6475 DESCRIPTION Reflective Pavement Markings TY.1 (W) (12 ") (SLD) (100 mil), complete and in place per Linear Foot. Reflective Pavement Markings TY.1 (Y) (24 ") (SLD) (100 mil), complete and in place per Linear Foot. Raised Reflective Pavement Markings (TYII -A -A) Yellow, complete and in place per Each. Raised Reflective Pavement Markings (TY1 -C) White, complete and in place per Each. Raised Reflective Pavement Markings (TYII -B -B) Blue, complete and in place per Each. ;r �t f4 -d Remove Existing Concrete, complete and in place per Square Foot. Concrete Curb Ramp, complete and in place per Square Foot. Adjust Existing Electrical Box, complete and in place per Each. !Relocate Existing Electrical Box, complete and in place per Each. Adjust Existing Storm Sewer Manhole, complete and in place per Each. e !Adjust Existing Sanitary Sewer Manhole, complete and in place per Each. F. . ^ (Adjust Existing Water Valve, complete and in place per Each. WUBTOTAL PART "A" - AGNES STREET (ITEMS Al - A26) Z J J W W W Ll.. co LL co a W a W H! Z W: < W W; a; W O . ; 12. a W W. s W el >4 el QTY N 318 75 80 \OA IMPROYEMEN 348 368 IMjROi'EIU 12 {1� N a R t &4ba N a N < a' a N a N W e- c a •- a Or a a EXHIBIT "C" �I TABULATION OF BIDS Page 3 of 15 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS 4,381,600.00 6R CO tvw Z 0 1- w }J CO . 0 C3 w� I— i• 0 w CI 2 J. Carrol Weaver, Inc. P.O. Box 1361 Sinton, TX 78387 -1361 UNIT TOTAL PRICE PRICE i RAC F � � ' sue_ L$ 8.000.00 O O N N 69 O O N O r Ei9 $ 16,409.25 21,879.00 $ 8,372.0) N ;x 0) Or E7 $ -- 1,500.00 $ i 5,764.00 $ o M co e- 69 3,333.00 11 $ 190.40 $ 40.80 L$ 8,000.00 $ 2,200.00 00'000' l . $ r 69 $ 2.20 O N Vi $ 500.00 O 1 69 O 0 69 $ 2.50 to Lt) 69 O 69 CO ( on Construction, Ltd. Box 7692 risti, TX 78467 TOTAL PRICE . i -. 33_ 2 33 O O O O O O O O r 69 $ 7,125.00 O 0 �' r 69 $ 12,928.50 O O O ti r- 69 $ 80,057.25 $ 4,500.00 $ in co co d7 69 1,446.25 I'I $ 1,360.00 O c0 .° N s. co 69 $ 183.40 $ 39.30 — iwi Z : v_ $ 15,000.00 $ 1,000.00 $ 7,125.00 0 r 69 0 ,- 63 $ 48.00 O c0 69 O 0 ul 69 $ 31.35 c co. 69 I $ 2.50 $ 5.30 $ 6.55 $ 6.55 ay Ltd. Box 9908 Iristi, TX 78469 TOTAL PRICE �. ; - 0 O O CV Vi $ 1,800.00 0 O O O 69 $ 12,928.50 0 '` 0 69 0 r f0 69 $ 88,510.50 O O 0) M 69 $ 5,371.00 (0 O r 69 0 (00 M r 69 0 c0 M C 69 $ 182.00 O M 69 UNIT PRICE a� - 0 O O O N 64 0 O O coO r 69 $ 10,000.00 0 M r 64 0 1 r 69 0 O c0 69 $ 8.90 0 O O M N- 69 0 O ER M c0 O 69 $ 2.501 in N to 49 05'9 $ O in f0 69 BOND 2008 STREET OVERLAYS - GROUP 1 PROJECT NO. 6475 DESCRIPTION 7 pr hl �• t %1 LL F Mobilization, complete and in place per Lump Sum. Storm Water Pollution Prevention Plan, complete and in place per Lump Sum. Traffic Control, complete and in place per Lump Sum. Milling 0 " -3 ", complete and in place per Square Yard. Seal Coat, complete and in place per Square Yard. Full -Depth Pavement Repair, complete and in place per Square Yard. HMAC Overlay (2 "), complete and in place per Square Yard. Adjust Existing Communications Manhole, complete and in place per Each. Remove and Replace Curb and Gutter, complete and in place per Linear Foot. Reflective Pavement Markings TY.I (Y) (4 ")(Broken) (100 mil), complete and in place per Linear Foot. Reflective Pavement Markings TY.I(W) (17) (SLD) (100 mil), complete and in place per Linear Foot. Reflective Pavement Markings TY.I(W) (24 ") (SLD) (100 mil), complete and in place per Linear Foot. Raised Reflective Pavement Markings (TYI -C) White, complete and in place per Each. Raised Reflective Pavement Markings (TYII -B -B) Blue, complete and in place per Each. ~ Z� - s CO J co J co J } cn } } co w } co Q w u. J LL J LL J lL J Q W Q w _ErtiMPROV 11 r r r 9945 9945 161 9945 co 131 2225 544 co OO N f0 2 r N M D O r N M et U.1 m m m m �2t1- m co co m d m m EXHIBIT "C" I� TABULATION OF BIDS 10 O W a DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS 4,381,600.00 Base Bid: $ W O O N lil N < m < W re HW W W z 0 W ma 2 W0 H U go � W J. Carrol Weaver, Inc. P.O. Box 1361 Sinton, TX 78387 -1361 TOTAL PRICE $ 601.20 O O (O 0 r- 1,887.03 $ 7,830.00 $ 510.00 II O O ttl MO 69 O O O o O 69 'a - _ -r £x, °• O O O o pi. 69 a,': '- �'.i: '"' $ 4,201.60 $ -' K 1 } O O O co v, 224,153.5311 UNIT PRICE 0 O 69 0 (D 69 - -*�" _t (D 69 $ 10.00 O 69 $ 14.00 ; O O N 69 M .tai O O 69 +- r '" �-_ R j $ 210.08 �� s, .' O O O N 69 HAAS- Anderson Construction, Ltd. P.O. Box 7692 Corpus Christi, TX 78467 TOTAL PRICE $ 592.85 $ 1,533.00 $ 2,313.60 0 (O t` 69 0 1 6 69 $ 299.201 q O K� 0 O „s Y F 6f, O 0 O co fV 69 0 (O O ac lt O N 69 0 O O 69 ? $ 14,580.00 UNIT PRICE $ IA c6 69 7.30 `� ..fig 0 ri 69 0 O 69 0 1 O 69 0 M 69 -[ 7i $ 1,375.00 ys 0 N 69 $ 665.00 O (co 69 Bay Ltd. P.O. Box 9908 Corpus Christi, TX 78469 TOTAL PRICE (O q. 69 to o cNi 69 .. $ 4,807.95 O 69 0 o 69 $ 297.00 ` -.. ;: O O 69 zs O CO '9 y ? o O 69 � 0 O co '9 $ 203,431.50I UNIT PRICE 6n M 69 CO 0 69 (D O 69 0 O N 69 to ff M '3 69 fi O 6 O ,- 6h $ 1,400.00 O O O EH O 0 O h 69 BOND 2008 STREET OVERLAYS - GROUP 1 PROJECT NO. 6475 DESCRIPTION Eliminate Ext Pav MRK & Mrks (12 "), complete and in place per Linear Foot. Eliminate Ext Pav MRK & Mrks (24 "), complete and in place per Linear Foot. j Remove Existing Concrete, complete and in place per Square Foot. Concrete Curb Ramp, complete and in place per Square Foot. Relocate Sign, complete and in place per Each. Traffic Button TY -W (6 "), complete and in place per Each. EA Adjust Existing Storm Sewer Manhole, complete and in place per Each. 2Y tMPROVEMEN i s Mm;,, a w. Y kw, .` Itt ril nile it 9 EA (Adjust Existing Sanitary Sewer Manhole, complete and in place per Each. B -23 20 EA Adjust Existing Water Valve, complete and in place per Each. E kid feNy. s, la S. Y1 A a e14 EA (Adjust Existing Gas Valve, complete and in place per each. SUBTOTAL PART 'B "- LAREDO STREET (ITEMS B1 - B24) 1MPR0VEME..TRNI ,, 9wh.r'ru f:H Z J J CO (/) W W Z' i o 210 ROVEMEN 723 783 ,_ N IMPROV N ao v W T” Cl!) r m 9` co en m — 4 2. rrt N r en :a ;Z. a• m N m '. ¢ -Z N en II EXHIBIT "C" II TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Pane 5 of 15 4,381,600.00 Base Bid: $ 0) 0 0 N U.1 N 7 co a N CL F w ICJ C73w J. Carrot Weaver, Inc. P.O. Box 1361 Sinton, TX 78387 -1361 TOTAL II PRICE = •..�". r ^i $ 8,000.00 $ 0O O N N E9 00 d 0 O - E9 21,558.90 �$ 28,745.20 00 d n n 69 $ 129,353.40 $ 27,852.00 $ 3,000.00 $ 1,981.35 0 0 M (A 0 0 co E9 $ 1,190.00 TOTAL UNIT PRICE PRICE 3q- O O O 0 cci 69 $ 2,200.00 $ 10,200.00 (0 r 69 O cv N 69 $ 52.00 a) 0 0 d9 0 V V Cff $ 750.00 $ 0.35 $ 0.35 o Lc> N fA O 6 E9 HAAS - Anderson Construction, Ltd. P.O. Box 7692 Corpus Christi, TX 78467 4 _=;t e r- � r .j M 0 0 O o 69 $ 1,320.00 0 0 63 0 N f~0 69 0 co 69 0 0 Vi $ 103,221.40 $ 19,844.55 jI $ 6,000.00 $ 2,200.101 M 0 69 $ — 35.00 II 0 co Ui $ 1,190.00 UNIT I PRICE $ 21,000.00 $ 1,320.00 O O Oo o 69 O N '- 69 O M ,_ 69 1-$ 47.50 O O n E9 $ 31.35 $ 1,500.00 0) M o fit t0 M 0 69 N M d E9 0gZ $ O O ui E9 Bay Ltd. P.O. Box 9908 Corpus Christi, TX 78469 TOTAL PRICE I O fD r $ 200.00 O O ON) O O) f/} $ 20,905.60 N fp 69 0 OW CO 69 $ 117,594.00 $ 25,953.00 0 ° v 'd: M 69 O N N 69 $ 1,924.74 $ 34.00 0 0) h 69 (00 r r E9 UNIT PRICE $ 1,800.00 $ 200.00 0 O O 0) fii 0 (0 r E9 r 69 0 O M FR 0 W b9 0 ' 1' E9 $ 860.00 CO M O iA $ 0.34 $ 0.34 $ 2.45 0 ). d' Ei9 DND 2008 STREET OVERLAYS - GROUP 1 PROJECT NO. 6475 DESCRIPTION 1 31'N Mobilization, complete and in place per Lump Sum. Storm Water Pollution Prevention Plan, complete and in place per Lump Sum. Traffic Control, complete and in place per Lump Sum. Milling, 0 " -3 ", complete and in place per Square Yard. Seal Coat, complete and in place per Square Yard. Full -Depth Pavement Repair, complete and in place per Square Yard. HMAC Overlay (2 "), complete and in place per Square Yard. Remove and Replace Curb and Gutter, complete and in place per Linear Foot. 3" Speed Hump, complete and in place per Each. Reflective Pavement Markings TY.1 (W) (4 ") (SLD) (100 mil), complete and in place per Linear Foot. Reflective Pavement Markings TY.1 (Y) (4 ") (SLD) (100 mil), complete and in place per Linear Foot. Reflective Pavement Markings TY.1 (W) (8 ") (SLD) (100 mil), complete and in place per Linear Foot. Reflective Pavement Markings TY.1 (Y) (12 ") (SLD) (100 mil), complete and in place per Linear Foot. Reflective Pavement Markings TY.1 (W) (24 ") (SLD) (100 mil), complete and in place Linear Foot. Z M _ ^ ^ = 0. -Q, tCL � J cn J (/j J >- CJ) >- U) >- (/) >- co LL J < W LL -J LL J LL J LL J LL J } a a — — r 13066 13066 1380 CO 0 r 633 et 6286 5661 100 320 co Wr IT N M 1. Lo h 00 O) r T M ct EXHIBIT "C" II 4,381,600.00 Base Bid: $ 0) 0 0 N LLl N a t15 2 o Q W N a' W W W 0 m W Z 0 H W e. 2 W0 go Q? J. Carrot Weaver, Inc. P.O. Box 1361 Sinton, TX 78387 -1361 TOTAL PRICE o 0 0 00 $ $ 420.00 $ 427.50 $ O0) N 0 1 - ( 1,240.20 00 0 N o 0 v3 $ 1,200.00 $ 1,650.00 $ 200.00 $ 322,370.65 o ': 0 00, o UNIT PRICE 0 $ $ 145.00 0 i inn. i in t t0f) C _ N CCOO $ $ 10.00 00 0 0 0 . 0 $ 1,526.40 II 0 - $ 505.00 $ 272.00 -.° $ 1,375.00 =:: c O 0 0 0 0 HAAS- Anderson Construction, Ltd. P.O. Box 7692 Corpus Christi, TX 78467 TOTAL PRICE O $ $ 282.00 $ 444.00 $ 427.50 O 0 0 . �' =F 6 o $ 250.00 O UNIT PRICE $ 191.00 $ 141.00 $ 222.00 $ 4.50 $ 4.50 0 t t, N N $ $ 10.20 $ 505.00 0 O Bay Ltd. P.O. Box 9908 Corpus Christi, TX 78469 TOTAL PRICE o ° $ 280.00 $ 440.00 $ 422.75 $ 89.00 $ 26.70 $ 3,172.05 °v 0 0 . $ 270.00 ) y $ 1,340.00 . O $ 540.00 $ 268,372.94 ,n CO C $ $ 10.40 $ 250.00 $ 13.50 .] $ 1,340.00 l3 $ 570.00 $ 540.00 UNIT PRICE $ 190.00 $ 140.00 $ 220.00 $ 4.45 $ 4.45 $ 4.45 (Adjust Existing Storm Sewer Manhole, complete and in place per Each. L �r Adjust Existing Water Valve, complete and in place per Each. J Adjust Existing Water Meter Valve, complete and in place per Each. 'AL PART "C" - WOOD RIVER DRIVE (FM 624 to Guadalupe River Drive - C27) Remove Existing Concrete, complete and in place per Square Foot. Concrete Curb Ramp, complete and in place per Square Foot. Relocate Sign, complete and in place per Each. Traffic Button TY -W (6 "), complete and in place per Each. BOND 2008 STREET OVERLAYS - GROUP 1 PROJECT NO. 6475 DESCRIPTION Prefabricated Pavement Markings TY.1 (W) (Word) "Only" (100 mil), complete and in place per Each. Prefabricated Pavement Markings TY.1 (W) (Left Turn Arrow) (100 mil), complete and in place per Each. Prefabricated Pavement Markings TY.1 (W) (Right & Left Arrow) (100 mil), complete and in place per Each. Raised Reflective Pavement Markings (TYII -A -A) Yellow, complete and in place per Each. Raised Reflective Pavement Markings (TYI -C) White, complete and in place per Each. Raised Reflective Pavement Markings (TYII -B -B) Blue, complete and in place per Each. ~ a a a a a a a a a a a a Q fn V V) W Q a a a a a W W a a a QTY e- N N N N 0 0) 2 20 CO ' 'ROVEMEN 477 0'- N N N I IM .P130„V,,EN e- N N Q U U U U N U U ^ N U N N U N U W ( U U U U U U U U U C C i ^ I I FXNlRIT agree II W TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS 4,381,600.00 69 0) O O N lil te N Q W W m W J. Carrol Weaver, Inc. P.O. Box 1361 Sinton, TX 78387 -1361 TOTAL PRICE ':. ? _ O O O co- $ 2,200.00 $ O O O (gyp O 3,725.70 O co V EH O O N O N 69 9,724.00 $ 612.70 $ 505.45 O O C) to (O ei el M CO ER UNIT PRICE • 3t� end $ t, g -`, f $ 8,000.00 $ 2,200.00 [00'000'01. $1 0. 69 $ 2.20 $ 52.00 0 O) 64 $ 44.00! Ln to t.') u7 $ 14.00 ;on Construction, Ltd. Box 7692 risti, TX 78467 TOTAL PRICE $ 3,500.00 $ 250.00 l O 0 O O •d' to tt 0) 0 N.. N to $ 2,935.40 $ 18,952.50 $ 17,838.20 .) m N O (C 69 $ 612.70 if $ 459.50 $ 197.40 $ 58,383.65 TOTAL UNIT PRICE PRICE - k; �..rf}^ k to EA $ 250.00 O ER 69. $ 1.30 $ 47.50 6T $ 31.35 $ 0.55 6J 69 ay Ltd. Box 9908 rristi, TX 78469 t 00.000'z $ 100.00 °o M (O ER $ 2,935.401 $ 3,387.00 °o ,- kri r 64 $ 20,322.00 $ 9,282.00 I) t00 64 $ 477.88 °o W 64 N O t0 6R UNIT PRICE $ 2,000.00 $ 100.00 0 O 0 M O 64 M 69 ) 69 $ 38.00 0) 69 - 69 C ER to O 69 $ 14.00 BOND 2008 STREET OVERLAYS - GROUP 1 PROJECT NO. 6475 DESCRIPTION ® 0. t LL Mobilization, complete and in place per Lump Sum. Storm Water Pollution Prevention Plan, complete and in place per Lump Sum. ,Traffic Control, complete and in place per Lump Sum. Milling, 0 " -3 ", complete and in place per Square Yard. Seal Coat, complete and in place per Square Yard. Full -Depth Pavement Repair, complete and in place per Square Yard. HMAC Overlay (2 "), complete and in place per Square Yard. Remove and Replace Curb and Gutter, complete and in place per Linear Foot. Reflective Pavement Markings TY.1 (W) (4 ") (SLD) (100 mil), complete and in place per Linear Foot. Reflective Pavement Markings TY.1 (Y) (4 ") (SLD) (100 mil), complete and in place per Linear Foot. [Raised Reflective Pavement Markings (TY.II -A -A) Yellow, complete and in place per Each. SUBTOTAL PART "D" WOOD RIVER DRIVE (Guadalupe River Drive to the Alley South of Teal Drive) (ITEMS D1 - D11) Z M CO CO J ((I) Cl) Cl) CO J J J W QTY O IiMPROVE0 r r r 2258 2258 399 2258 221 vt r r r W C) a r 2 i- r d N 0 M 0 1. 0 to a— (0 ti 245s- o ao d W o o ,.- o r d 111 0 03 C) 0. 4,381,600.00 Base Bid: $ If z U O • a Z E2 d CO z ▪ = W O wm w 0 L- 0 W U E CB - .• C.5. a ui °o W aM • Mr w • Q'm CD z 0 I- W J o • 0 0 U JO • W CCI H I- J. Carrol Weaver, Inc. P.O. Box 1361 Sinton, TX 78387 -1361 TOTAL II PRIC.F i 7'1yl Ii F(�. . I$ 7,500.00 $ 2,200.00 $ 23,000.00 T c6 co 69 I$ 20,924.20 o 0 c.i co f 69 $ 97,487.75 $ 198,769.45 $ 43,210.75 $ 45,567.70 $ 578,238.40 $ 12,570.40I $ 161,686.77 UNIT PRICE O O O U) h O O O N N O O O O CO N 69 N U) .-- 69 $ 2.20 O O � ff9 $ 10.25 in CO Ef9 U) n N EA O O) N 64 O 00 CO 69 O O O 69 O) N O V9 HAAS - Anderson Construction, Ltd. P.O. Box 7692 Corpus Christi, TX 78467 UNIT TOTAL PRICE I PRICE II $ 55,000.00 00 "09g'Z $ 0 O 0 O N 64 $ 11,413.20 $ 12,364.30! 0 O W Ln r 69 U) U) CEO Lo CO I,- 69 $ 103,705.80 II $ 15,713.00 $ 36,925.55 $ 360,613.35 O in U)) N- co 69 $ 126,489.65 _- 1 O 00 O U) 69 $ 2,550.00 0 0 h N 69 $ 1.20 CO r 69 $ 47.50 $ 8.05 (O 69 $ 1.00 $ 2.35 N N 69 O 69 a0 69 TOTAL I PRICE ti ,5 - S) I, v' _ =_ 0 W 64 L$ 17,000.00 $ 12,364.301 0 co 69 $ 12,584.00 0 Q) Ui co 69 0 co Oo N. 69 CO 0 v 0) 69 N h €- co 69 O N M 64 $ 8,642.15 $ 141,417.00 UNIT PRICE $4,000.00 $ 1,900.00 $ 17,000.00 CO 6. U) 1- U9 $ 44.00 O of 69 $ 5.00 CD O 69 $ 2.40 0 ri N 69 U) O 69 0 of 69 BOND 2008 STREET OVERLAYS - GROUP 1 PROJECT NO. 6475 DESCRIPTION i Gc:v t ^' ` k Mobilization, complete and in place per Lump Sum. Storm Water Pollution Prevention Plan, complete and in place per Lump Sum. Traffic Control, complete and in place per Lump Sum. Milling, 0 " -3 ", complete and in place per Square Yard. Seal Coat, complete and in place per Square Yard. Full -Depth Pavement Repair, complete and in place per Square Yard. HMAC Overlay (2 "), complete and in place per Square Yard. Demo and Haul Away Existing Pavement Section, complete and in place per square yard. !Compacted Subgrade, complete and in place per Square Yard. Geogrid BX 1100 in accordance with the specifications, complete and in place per Square Yard. 23" Type A Grade 1 Base per Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, 2004 Edition, Item 247, complete and in place per Square Yard. Prime Coat in accordance with the specifications, complete and in place per Square Yard. 2" HMAC Type D in accordance with the specifications, complete and in place per Square Yard. Z n CI) J CO J CO J } U) >- U) >- U) r (I) >- U) } U) >- (/) } U) r U) } U) QTY r 9511 286 15713 CO '- In 15713 15713 15713 15713 Wr F- W N W CO W �' w N Ui /�� `W ti W 00 W 0) UJ O W LlJ ,- LLl L- LLJ EXHIBIT "C" II IAIWULAIIUN Ur bIUS Page 9 of 15 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS 4,381,600.00 Base Bid: $ J. Carrot Weaver, Inc. P.O. Box 1361 Sinter!, TX 78387 -1361 TOTAL PRICE 0 V3 $ 37,180.00 $ 2,615.40 ch ci O_ N ER $ 247.50 $ 787.95 $ 3,164.55 $ 9,118.80 $ 800.00 O c00 .- CR $ 1,218.00 $ 529.20 co M ER O 0)0) tR O in N to UNIT PRICE $ 200.00 0 V 69 $ 0.30 0 O to $ 0.55 $ 2.55 in O N d) $ 5.10I c O 0 CV Efl $ 145.00 $ 280 $ 2.80 $ 2.80 M to O IS) ER on Construction, Ltd. Box 7692 risti, TX 78467 TOTAL PRICE $ 1,010.00 $ 26,490.75 $ 2,615.40 C') N N tR $ 247.50 $ 772.50 $ 3,102.50 O d O UD -tR C (0 N tR O N ,- tR $ 1,218.00 $ 529.20 $ 30.80 $ 768.50 co 0 't N E9 UNIT PRICE $ 505.00 C M E9 I $ 0.30 M O 63 $ 0.55 0 O N E9 $ 2.50 0 in CR 00 E9 $ 141.00 $ 2.80 $ 2.80 $ 2.80 O) CV tR V' tR ay Ltd. Box 9908 rristi, TX 78469 TOTAL PRICE $ 1,140.00 $ 35,490.00 $ 2,615.40 $ 2,044.28 $ 252.00 $ 772.50 LO V O O c•) tR 0 O O g W to $ 760.00 o O O r d9 u) N CO O tR $ 519.75 $ 30.25 $ 768.50 $ 2,379.75 UNIT PRICE O O N- Ui ER $ 42.00 $ 0.30 N O E9 L0 O tR � N ER 'OR N ER $ 5.00 0 O O) ER $ 140.00 $ 2.75 N. (Ni E9 N. (Ni E9 O) N ER $ 4.75 BOND 2008 STREET OVERLAYS - GROUP 1 PROJECT NO. 6475 DESCRIPTION Adjust Existing Electric Handhole, complete and in place per Each. Remove and Replace Curb and Gutter, complete and in place per Linear Foot. Reflective Pavement Markings TY.I (Y) (4 ")(SLD) (100 mil), complete and in place per Linear Foot. Reflective Pavement Markings TY.I (W) (4 ")(Broken) (100 mil), complete and in place per Linear Foot. Reflective Pavement Markings TY.I (W) (8 ")(SLD) (100 mil), complete and in place per Linear Foot. Reflective Pavement Markings TY.I (Y) (12 ")(SLD) (100 mil), complete and in place per Linear Foot. Reflective Pavement Markings TY.I (W) (12")(SLD) (100 mil), complete and in place per Linear Foot. Reflective Pavement Markings TY.1 (W) (24 ") (SLD) (100 mil), complete and in place Linear Foot. Prefabricated Pavement Markings TY.1 (W) (Word) "Only" (100 mil), complete and in place per Each. Prefabricated Pavement Markings TY.1 (W) (Left Turn Arrow) (100 mil), complete and in place per Each. Raised Reflective Pavement Markings (TYII -A -A) Yellow, complete and in place per Each. Raised Reflective Pavement Markings (TYI -C) White, complete and in place per Each. Raised Reflective Pavement Markings (TYII -B -B) Blue, complete and in place per Each. Eliminate Ext Pay MRK & Mrks (12 "), complete and in place per Linear Foot. Eliminate Ext Pay MRK & Mrks (24 "), complete and in place per Linear Foot. ~ Q W LL J LL J LL J LL J LL J LL J LL J Q w Q W < w < W < W LL J LL J QTY N 845 8718 7301 450 309 1241 1788 CO 435 189 r 265 501 W st r w U) .- w c0 ,- w h ,- w O w O) - w- O N 247 N -w N N w M N w 'd' N w in N w c0 N w N. N w Uo N w t� )) EXHIBIT C Page 9 of 20 Page 10 of 15 4,381,600.00 Base Bid: $ Q) O O N W N < E Q • W W W W D • W W I U U) a U) O p 0 00 LL u- 0 Z O , Q C9 z jr a, < a) W C O W (o - Q CM L L W • V 2 VC d Q W o W a tO cz co co Q m w N am J. Carrol Weaver, Inc. P.O. Box 1361 Sinton, TX 78387 -1361 TOTAL PRICE $ 4,872.40 $ 21,640.00 0 o 00 N $ 200.00 I $ 658.00 $ 14,400.00 $ 1,500.00 $ 18,000.00 tv t $ 210.00 $ 2,100.00 I tai f4 $ 200.00 $ 600.00 $ 1,347,133.47 UNIT PRICE i� O $ 10.00 $ 200.00 $ 200.00 O $ 1,200.00 HAAS - Anderson Construction, Ltd. P.O. Box 7692 Corpus Christi, TX 78467 TOTAL PRICE • r 1 444 coo ai O) O) U) 69 coo n O N 69 $ 3,000.00 O 0 0 — 69 N C) (.0 EA r. 5 ;? �' £ - 'Mj Y 00 CD U) U) 69 + '� rr i �Ya 00 '61- V 0 64 t ' i --i" 00 )0C) co (p 69 A � d 4 00 O) 0) s- 69 $ 972,985.95I J UNIT PRICE 0 N 61 O 69 0 o O C') 69 ' O O 6- 69 (OD s- 69 i $ 1,375.00 rya tzs 0 N (D 69 :. �.. $ 665.00 t ,$,, 0 (D (D 1,9 Bay Ltd. P.O. Box 9908 Corpus Christi, TX 78469 TOTAL PRICE = $ 12,462.10 $ 22,722.00 $ 800.00 $ 570.00 $ 634.50 i aY a 0 O O 64 sj- ri a"",r n O d0' 1.-- 69 '.�3. Op r- Uj E9 �' t O M M 69 $922,643.68 UNIT PRICE $ 6.65 $ 10.50 $ 800.00 $ 570.00 $ 13.50 ; 0 O )- 69 $ 1,450.00 .�3 0 O O ti 69 $ 790.00 DND 2008 STREET OVERLAYS - GROUP 1 PROJECT NO. 6475 DESCRIPTION ai ( {�' ; Remove Existing Concrete, complete and in place per Square Foot. I` Concrete Curb Ramp, complete and in place per Square Foot. Relocate Existing Electrical Box, complete and in place per Each. Adjust Existing Electrical Box, complete and in place per Each. Traffic Button TY -W (6 "), complete and in place per Each. } Adjust Existing Storm Sewer Manhole, complete and in place per Each. �5r Adjust Existing Sanitary Sewer Manhole, complete and in place per Each. Adjust Existing Water Valve, complete and in place per Each. Adjust Existing Gas Valve, complete and in place per each. SUBTOTAL PART "E" - HORNE ROAD (ITEMS El - E37) Z Z C/) Cr) " w w w z W 12 EA E- W; >, Ot co w IMPF OV'EmE T0J 10 EA 'ROYEMENT,Su "' 3 EA (ROyEMEN 1874 2164 1 1 47 IMPROYEN U. w W w w fp 2$ w 31 w CD w EXHIBIT "C" Pace 10 of 20 TABULATION OF BIDS Page 11 of 15 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS 4,381,600.00 Base Bid: $ N V G) CO • 0) C 0 0 C .0) C N W t O 0 ttl V 0) O O O d N 'O Q d 0) am i HIBIT "C II - }'± o 0 o O O 0 O N 69 o 0 O M ER ul. 4) CO 69 0 00 69 O O N E9 O O O N N 69 O (6 O M r 69 C) (V ER 0 c,3 N E9 00 O 61 1 V O 69 co 0 69 co N 69 O (O Efi F s £ 0 ONco r ER 0 ) o 69 LI) • r r 69 0 co 69 0 O O V N 69 N ,- 69 V tn O ER (O(), � 69 V O 64 CO 0 O 69 (CO It) 69 j, E -¢ F w ( - 0 0 O 0 0) to 0 N M 00) 69 0 0 O O E9 0 O co C M Ea 0 0 o t E9 O O r 0 0 of (0 O 0 N 00) O (00 O •t C CO O (D (A 1. 1 24 h yc �24 . j ~ 2 p sS' , =Qr C0 J J J } (n r (n } (n } to } N } (/) LL J LL J LL J LL J LL J r r r (() 0) (C) 0) l() 0) O LL Cij LL lL LL 12 2 49 — u- LL LL LL IL Ll.. LL r-E-5 i HIBIT "C II TABULATION OF BIDS Page 12 of 15 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS 4,381,600.00 Base Bid; $ C) 0 O N ll cr F- 01 Q 7 2 Q W W W LU W W Q D CD G C13 W N U l) CA C .` N C .a) c to W m IS 0 � ▪ C To w O O. M CCF CI• 'C Q C m d d a• m 0 H W ma z o 0 U -O W Ca z I� J. Carrol Weaver, Inc. P.O. Box 1361 Sinton, TX 78387 -1361 TOTAL II PRICE °0 0o nr ffl 00 8 N 69 00 rn N Vi $ 1,250.001 $ 100.00 $ 30.00 $- °o• ° O) 69 2,837.07 11 oo o . co" to oo o U) to $ 196.00 11 $ t 3,600.00 11 o oo 0 M 69 c ■ rn a id 69 c r-... u, co UNIT PRICE O a N- 69 $ 145.00 $ 145.00 0 U 69 00'9 $ 5.00 O V3 o O 4 to $ 210.08 (TEL ffi $ 10.00 $ 510.00 O 4 69 o O N 69 HAAS- Anderson Construction, Ltd. P.O. Box 7692 Corpus Christi, TX 78467 I TOTAL PRICE I$ 382.00 O co to $ 282.00 $ 1,200.00 O 000 to N 69 $ 892.80 -wl $ 3,478.40 N M cr 69 $ 505.00 69 $ 4,125.00 $ 3,240.00 [. -5;1 i $ 665.00 $ 15,960.00 N n CO co wr W )''3 g ,. r y S - p UNIT PRICE O to O sdE to $ 141.00 $ 4.80 $ 4.80 $ 4.80 $ 4.80 $ 3.20 $ 10.20 $ 505.00 t00 to $ 1,375.00 $ 1,620.00 Bay Ltd. P.O. Box 9908 Corpus Christi, TX 78469 TOTAL PRICE $ 380.00 $ 280.00 $ 280.00 1� Cq 69 $ 95.00 $ 28.50 $ 883.50 $ 7,228.55 U) O 69 $ 250.00 $ 189.00 &� �+ - O CO 69 O C. E9 h fn } 3 F c: $ 1,400.00 $ 2,800.00 k '' E C ' v 111 $ 570.00 $ 13,680.00 N CO V. to UNIT PRICE $ 190.00 0 O 4 to. $ 140.00 LO 1. to $ 4.75 LO N 69 141 h 64 } rR' wq. 10 CO 69 0 co s- 69 $ 250.00 0 co 44 BOND 2008 STREET OVERLAYS - GROUP 1 PROJECT NO. 6475 DESCRIPTION Prefabricated Pavement Markings TY.1 (W) (Word) "Only" (100 mil), complete and in place per Each. Prefabricated Pavement Markings TY.1 (W) (Left Turn Arrow) (100 mil), complete and in place per Each. Prefabricated Pavement Markings TY.1 (W) (Right Turn Arrow) (100 mil), complete and in place per Each. Raised Reflective Pavement Markings (TYII -A -A) Yellow, complete and in place per Each. Raised Reflective Pavement Markings (TYI -C) White, complete and in place per Each. Raised Reflective Pavement Markings (TYII -B -B) Blue, complete and in place per Each. Eliminate Ext Pay MRK & Mrks (24 "), complete and in place per Linear Foot. 2 fY ) Remove Existing Concrete, complete and in place per Square Foot. Concrete Curb Ramp, complete and in place per Square Foot. Relocate Existing Electrical Box, complete and in place per Each. Traffic Button TY -W (6 "), complete and in place per Each. ' L3 Adjust Existing Storm Sewer Manhole, complete and in place per Each. � Adjust Existing Sanitary Sewer Manhole, complete and in place per Each. N +� 1 Adjust Existing Water Valve, complete and in place per Each. BTOTAL PART "F" - TARLTON STREET (ITEMS Fl - F28) I Z Z < w < w < w < W < w < U w � _ rn. u_ cn U cn < w < w z W < w ail; w z; W w QTY N N N 250 f0 N 6 186 SROVEMEN 1087 <- ,- 14 O� is r CO r4, ; b 7� ' F -27 2 0 Cu p. Q -28 I 24 W kL LL LL CO LL 11 0 a- • ry�I7n, LL 2 0 a. 2 N li N li N u N U. N LL — — .... II TABULATION OF BIDS Page 13 of 15 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS 4,381,600.00 Base Bid: $ 0) O O N w N Q 3 P. Q W rn W cc H W Q W W Z 0 H W CO a 0 CI W� Hv -1O W COM I-I- rol Weaver, Inc. 0. Box 1361 , TX 78387 -1361 TOTAL II PRICE ' R :. 4Y .: $ 8,000.00 0 0 O N N 69 0 o l N C') ,_ 69 (C) 0 co h. N 7 69 o 0 00 m 0 In o 0 O � N O) 69 $ 265,505.75 0 0 0) co I, N 69 o 4- M N 69 0 co 7 � 69 0 0 00 o CV- 69 $ - 280.50 $ 125.00 $ 1,812.50 UNIT PRICE - 0 0 O $ 2,200.00 $ 13,250 00 (0 $ 2.20 $ 52.00 $ 10.25 O <T V $ 0.30 0 O 69 O O 69 u; O Ea �$ 2.50 0 N 69 on Construction, Ltd. Box 7692 risti, TX 78467 TOTAL PRICE y`ev a A r k� �a - 3: 00 O O d 00 O CD 69 00, O 69 $ 31,083.60 $ 33,673.90 $ 84,407.50 $ 208,519.15 00) h CO 69 $ 2,345.10 $ 1 ,746.60 $ 2,082.00 $ 280.50 $ 125.00 u cNi 00 E9 UNIT PRICE O o 69 O co CV 69 $ 14,100.00 69 as $ 47.50 OD Vi $ 31.35 O 69 O 69 cn O ba $ 0.55 to N 69 1 $ 2.50 ay Ltd. Box 9908 iristi, TX 78469 TOTAL PRICE 2 ., x a r ? :.. $4,000.00 $ 1,300.00 $ 15,000.00 0 pi r co (`) 69 $ 38,854.50I $ 71,080.00 $ 233,127.00 $ 20,288.00 $ 2,266.93 CO 000 (O — 69 0 vi N- co ER $ 275.40 $ 122.50 $ 1,776.25 UNIT PRICE t rte:. t al # I O 00 O b 69 $ 1,300.00 $ 15,000.00 M N 69 — 69 00'01 00'6 $ 32.00 N O 69 O 69 1-$ 0.27 $ 0.54 $ 2.45 u) U) N 69 BOND 2008 STREET OVERLAYS - GROUP 1 PROJECT NO. 6475 DESCRIPTION :l' is µ Mobilization, complete and in place per Lump Sum. Storm Water Pollution Prevention Plan, complete and in place per Lump Sum. Traffic Control, complete and in place per Lump Sum. Milling, 0 " -3 ", complete and in place per Square Yard. Seal Coat, complete and in place per Square Yard. Full -Depth Pavement Repair, complete and in place per Square Yard. HMAC Overlay (2 "), complete and in place per Square Yard. Remove and Replace Curb and Gutt>?r, complete and in place per Linear Foot. (Compacted Subgrade, complete and in place per Square Yard. Reflective Pavement Markings TY.I (Y) (4 ")(Broken) (100 mil), complete and in place per Linear Foot. Reflective Pavement Markings TY.I (W) (4 ")(Broken) (100 mil), complete and in place per Linear Foot. Reflective Pavement Markings TY.I (W) (8 ")(SLD) (100 mil), complete and in place per Linear Foot. !Reflective Pavement Markings TY.I (Y) (12 ")(SLD) (100 mil), complete and in place per Linear Foot. Reflective Pavement Markings TY.I (W) (12 ")(SLD) (100 mil), complete and in place per Linear Foot. t . le r • Z W k J J J CO (/) V) U) J J J J J J J 25903 25903 1777 25903 634 7817 5822 6940 510 50 725 11.1 o o ch o o -2b1 -0 c0 0 th ch th th th TABULATION OF BIDS Page 14 of 15 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS 4,381,600.00 Base Bid: $ C) O 0 N W N a E o 7 I- Q re W F. W W Ga- OZ m W CA V N d N CA C L d d C C W R O ca L co o co 5 m O co U LLlc 0 ac, C Qm • m • co am 0 H W .5! • 0 W• O LL -IO • W n3 2 Q J. Carrol Weaver, Inc. P.O. Box 1361 Sinton, TX 78387 -1361 TOTAL PRICE $ 4,585.00 $ 800.00 oo 6 v O C+) 69 $ 290.00 II $ 500.00 $ 798.00 $ 679.00 $ 35.00 $ 2,576.07 0 0 0 to W N Vi 00'020' L $ $ 400.00 II 0 o N CI, 0 00 cm 69 UNIT PRICE O o to 69 O O O O (Ni 69 $ 145.00 $ 145.00 $ 250.00 $ 3.50 $ 3.50 O to Ci 69 ,- Co CV 61 $ 10.00 $ 510.00 $ 200.00 O O O O N 69 O O Ti 69 HAAS - Anderson Construction, Ltd. P.O. Box 7692 Corpus Christi, TX 78467 TOTAL PRICE $ 4,585.00 $ 764.00 o O CA N to $ 282.00 $ 480.00 o 0 m cci Ell. 0 m Co CO 0 0 C) 69 $ 3,158.40 N O N cc) C9 0 O '- 69 O O N 61 0 O O C") 69 CV a) 69 UNIT PRICE • o 6 49 0 C-1). 69 0 Cfi o 69 $ 240.00 $ 3.50 $ 3.50 to " 69 $ 3.20 $ 10.20 0 o u) 69 0 o 0 •• 69 o °o 0 a) vi co O ri 69 Bay Ltd. P.O. Box 9908 Corpus Christi, TX 78469 TOTAL PRICE $ 4,447.45 $ 760.00 o Tr CA N 69 $ 280.00 $ 470.00 $ 786.60 co o COO O CI, $ 34.50 $ 6,563.55 $ 12,950.00 $ 500.00 0 OV '- 69 0 o co ER co 69 UNIT PRICE ill a Ti 69 o O CA 69 $ 140.00 $ 140.00 $ 235.00 $ 3.45 $ 3.45 V C+) 69 to coo O 69 N 10.00 $ 250.00 $ 570.00 $ 800.00 o 0 d' 69 BOND 2008 STREET OVERLAYS - GROUP 1 PROJECT NO. 6475 DESCRIPTION Reflective Pavement Markings TY.1 (W) (24 ") (SLD) (100 mil), complete and in place Linear Foot. Prefabricated Pavement Markings TY.1 (W) (Word) "Only" (100 mil), complete and in place per Each. Prefabricated Pavement Markings TY.1 (W) (Left Turn Arrow) (100 mil), complete and in place per Each. Prefabricated Pavement Markings TY.1 (W) (Right Turn Arrow) (100 mil), complete and in place per Each. Prefabricated Pavement Markings TY.1 (W) (Straight & Left Arrow) (100 mil), complete and in place per Each. Raised Reflective Pavement Markings (TYII -A -A) Yellow, complete and in place per Each. Raised Reflective Pavement Markings (TYI -C) White, complete and in place per Each. Raised Reflective Pavement Markings (TYII -B -B) Blue, complete and in place per Each. Remove Existing Concrete, complete and in place per Square Foot. Concrete Curb Ramp, complete and in place per Square Foot. Relocate Sign, complete and in place per Each. Adjust Existing Electrical Box, complete and in place per Each. (Relocate Existing Electrical Box, complete and in place per Each. Traffic Button TY -W (6 "), complete and in place per Each. ~ LL J < W < W < W < W < < W W < W LL C/) LL co < W < W < W QTY Fr r) N N N 228 194 10 987 N 1- N N '- 1` r CD CD c� co CD 0) cD N C 2 5� N CD N CD N CD N CD co CD N CD co CD EXHIBIT "C)^ II TABULATION OF BIDS Page 15 of 15 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS 4,381,600.00 Base Bid: $ z 0 I- L r J ma O 0 w� H 5o • W CO a I-I- J. Carrol Weaver, Inc. P.O. Box 1361 Sinton, TX 78387 -1361 TOTAL PRICE 00 °o h� , +5Y t $ 10,500.00 $ 4,201.60 $ 200.00 (^O v LO (D IA TOTAL BASE BID (Items A1-A26, B1 -B24, C1 -C27, D1 -D11, E1 -E37, F1 -F28 and G1 -G32): $ 2,733,748.55 $ 2,894,176.95 $ 3,609,286.84 UNIT PRICE O O N 69 O O tn. $ 210.08 O O HAAS- Anderson Construction, Ltd. P.O. Box 7692 Corpus Christi, TX 78467 TOTAL PRICE xr $ 8,250.00 gtCa�� o O V T. 69 4 o O O ch T 69 t() (O ({� $ 509,263.35 UNIT PRICE N, � to r� N te 3 $ 665.00 'I E $" �g $ 665.00 Bay Ltd. P.O. Box 9908 Corpus Christi, TX 78469 TOTAL PRICE .6, 00 N E9 x O GOO 69 ' O ..cr. 1- 69 $ 790.00 $486,886.06 UNIT PRICE CD O 69 .,mss, 0 0 69 $ 570.00 � $ 790.00 BOND 2008 STREET OVERLAYS - GROUP 1 PROJECT NO. 6475 QTY UNIT DESCRIPTION c Adjust Existing Storm Sewer Manhole, complete and in place per Each. } " Adjust Existing Sanitary Sewer Manhole, complete and in place per Each. +.,>wi;.; ' r�. La°.: tnZ ir.. �i {q..,.t�h.fr.*AZ:'�"S,ti�.i^sid �isa i . s :iJ. , * Adjust Existing Water Valve, complete and in place per Each. Adjust Existing Gas Valve, complete and in place per each. ISIVITOTAL PART "G" - KOSTORYZ ROAD (ITEMS G1 - G32) w w 6 EA IbSANITARY IMPRQVEMEN; a U.1 f G -31 20 IGAS. IMPROVEMEN I,- M C7— 2 H W` I., f N 0 (7 C9 EXHIBIT "C" Page 15 of 20 $3,101,193.00 E o 0 0 0 O 'o ooC1 N (D C) (0 rn N to W Qai U) - c I y U tl) W W c co 0 W — U- IL 0 0 > pa W ~ Z z 0 y a C o V_ d 0 0 C '0 C W W m O o O M ce Q a. n W a wa o:m ar coo m a` a) d aZ O H w Y J m° O m O F. 0 �o co E F f- Bay, Ltd. PO Box 9908 Corpus Christi, TX 78469 TOTAL II PRICE •' STREET IMPROVEMENTS 0 0 0 O s} 69 0 0 0 ci a) ffl 0 0 0 O h (f3 0 0 co N ,N: - 69 0 0 (0f) O O) (A 0 0 o a co V) 0 0 co d' O (fl II00'Ozz's S $ 3,007.00 II S 1,483.20 I 60.00 II 0 0 — ,- (.9 $ 575.00 II 0 o q r () I$ 300.00 II 0 0 r (fi $ 625.00 II 0 o O Ni K) 1 $ 56.25 II iNTS A21 1 1 1 EA !Adjust Existing Storm Sewer Manhole 1 $ 1,375.00 1 $ 1,375.00 11 $ 1,200.00 1 $ 1,200.00 1 11$ 565.00 1 $ 565.00 I $ 241,480.95 W Z V = a "r `„ O O O O to O O O o) ui $ 7,000.00 0 st r (fl 0 U) r (A $ 38.00 0 h co (A 0 O) O (A M O (f) I$ 0.32 N CO O (A 0 (D O (E). O N O v) ■ h (f) (n 0 0 D) o fA IS 150.00 1$ 110.00 if) N to (A O N co (fi O N (D 4:9 Haas - Anderson Construction, Ltd. PO Box 7692 Corpus Christi, TX 78467 UNIT TOTAL PRICE PRICE e.$ Sr; `a? `.,.; $ 14,350.00 $ 1,300.00 O 0 O (A O 0 (f) ' CO (A O 0 O n v• 69 $ 90,000.00 II O O 0 (OD. 0 FR O D 0 N n O O O 0 Orn N (A $ 1,390.501 S 285.00 I $ 60.00 S 116.00 1 $ 580.00 I 0 O O CO (ii $ 302.00 0 O r r (A 0 O O C) (O (A 0 O co CO (A 0 N (o O (R IWATERIMPROVEMENTS 1 $ 665.00 1 $ 665.00 O O , Co CO N (A $ 14,350.00 $ 1,300.00 0 Cp..: 0 4. di (f) C: r 69 0 to $ 50.00 I 0 O CO -ffi (f) N x to 0 (h 0 (fl 0 M 0 O 0 M 0 O 0 O 0 V3 0 O (f) (R 0 CO (f) FE) 0 O 007 O 0 O , in (fi $ 111.00 0 M (D (fl $ 6.30 $ 6.30 BOND 2008 STREET OVERLAYS - GROUP 2 (PROJECT NO. 6480) II ITEM QTY UNIT DESCRIPTION y ter, Sys IUJ,_- '-�', It& Mobilization Storm Water Pollution Prevention Plan Traffic Control (V O 0) c• Seal Coat J Full-Depth Pavement Repair HMAC Overlay (2 ") Grading Adjacent To Roadway Reflective Pavement Markings TYI (4" White Solid) Reflective Pavement Markings TYI (4" Yellow Broken) Reflective Pavement Markings TYI (4" Yellow Solid) Reflective Pavement Markings TYI (8" White Solid Reflective Pavement Markings TYI (24" White Solid) I Reflective Pavement Markings TYI (24" Yellow Solid) IReflective Pavement Markings TYI ( "Left Turn Arrow ") I Reflective Pavement Markings TYI ( "Straight and Right Arrow ") (W) Reflective Pavement Markings TYI ( "ONLY ") (W) Raised Reflective Pavement Markings (TYII -A -A) Yellow Raised Reflective Pavement Markings (TYII -C) White Raised Reflective Pavement Markings (TYII -B -B) Blue A22 I 1 I EA 'Adjust Existing Water Valve SUBTOTAL PART "A" - GLEN OAK DRIVE (FLOUR BLUFF DRIVE TO WALDRON ROAD) (ITEMS A1-A22) U) (n J J to J i- V) >- to }. (A (9 fn Y fn LL J (L J LL J LL J LL J LL W J W W W Q W W W W W W r r r 12,700 1 12,700 0 12,700 5,800 0 a) 4,635 I 950 100 20 100 2 N 0 r 0- 0 d� A3 A4 11 A5 A6 aQQ II A10 r N C d' O aaaaa CO a (� O 0) 0 Qaa� -254— I( EXHIBIT "C" II Page 16 of 20 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS $3,101,193.00 N U a) N rn c co ci 0 cv NA c UJ cc; O U O 0 c7 U a) O Wm a N c0 C • CO c d W .. a Z 0 w j J CO °. C)0 wC F U 5u- 2 I– ►= Bay, Ltd. PO Box 9908 Corpus Christi, TX 78469 TOTAL PRICE 1 .: O 0 O FA $ 200.00 $ 6,700.0011 I0 i 1 M tr co $ 5,850.00 $ 6,888.00 $ 4,200.00 Ol 0 co cc, 0 M Co Vi ca 5 1,250.00 $ 950.40 L$ 211.50 $ 580_50 O 0 v, �$ 172.5011 $ 170.00 O 0 V? $ 220.00 11 $ 187.50 0 tr) Co V) :MENTS I B21 1 EA Adjust Existing Sanita Sewer Manhole $ 1,620.00 $ 1,620.00 [ $ 1,400.00 I $_ 1,400.00 II H $ 1,200.001$ 1,200.0011 $ 84,825.90 UNIT PRICE :-. y 0 O 0 0 0 V' to 0 O 0 0 N co- 0 C 6 0 1` td co 0 ch r co. 0 C C 64 0 V (A [$ 42.00 O N Co to O O N O ,, .- co N r, ., 0 (I) U. of 7^ 0 0 (1) V) C,. CS o V) Co N. Nri UT $ 85.00 0 0 �-i w (A 0 0 o c- (A I $ 6.25 Co N 0 C?) Haas - Anderson Construction, Ltd. PO Box 7692 Corpus Christi, TX 78467 TOTAL PRICE ^:eJ $ 6,300.00 II O O O O N 69 $ 3,425.00 (' 0 0 �Y 01 r (fl 0 0 O N O N- (A 0 0 co CD Co (O (A 0 0 0 0 O U> (A 0 0 0 CD N- cam() 69 $ 5,265.001 $ 1,562.50 0 O N N. O) $ 211.50 $ 580.50 0 o O Q) NA ($ 174.00 I 0 O N N. (fl 0 O N N- 69 0 O N N N (A 0 O Q) Co (0 0 O co (O (A (STORM WATER IMPROVEMENTS 822 1 1 I EA lAdjust Existing Storm Sewer Manhole 1 $ 1,375.00 I $ 1,375.00 SUBTOTAL PART-1:3'2'2- HUSTLIN HORNET DRIVE (DEBRA LANE TO LAGUNA SHORES $ 84,695.50 ROAD) (ITEMS B1 B -) UNIT PRICE j 0 O 01 CO 63 0 0 O 0 0 LO it) 0 0 7 U N .11 Ch (f). (n v 1- d} 0 co. (t) 0 V (H 0 O O 6 0 O c0 (/) 0 U) h N r (o to $ 0.45 $ 0.45 $ 0.45 (s 0.90 1 $ 5.80 $ 86.00 0 O Co (A I $ 111.00 0 M O Et) 0 C' 0 Vi BOND 2008 STREET OVERLAYS - GROUP 2 (PROJECT NO. 6480) Z O w o A a Lit 49 W c O a N o = Storm Water Pollution Prevention Plan Traffic Control N o o C 10" Compacted Flexible High Strength Base Seal Coat Full Depth Pavement Repair HMAC Overlay (2 ") 'HMAC Overlay (3 ") Grading Adjacent To Roadway 'Reflective Pavement Markings TYI (4" White Solid) Reflective Pavement Markings TYI (4" Yellow Broken) Reflective Pavement Markings TYI (4" Yellow Solid) (Reflective Pavement Markings TYI (8" White Solid (Reflective Pavement Markings TYI (24" White Solid) Reflective Pavement Markings TYI ( "Left Turn Arrow ") (W) Reflective Pavement Markings TYI ( "Right Turn Arrow ") 1Reflective Pavement Markings TYI ( "ONLY") (W) Raised Reflective Pavement Markings (TYII -A -A) Yellow d � U to al E m N > a) N CL a) o Z J J J Cr) U) CO N co ) fn J J J J J w W w Ul w r0014yHO T 4,920 450 o 0 100 4,470 450 1,250 N N N M O 2 W_ } r ai m I B2 .- M m II B4 B5 98 II 87 p CO O O m m r p7 B12 B13 B14 ( B15 CD m h m CD m O CO N m —255— EXHIBIT "C" Page 17 of 20 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS $3,101,193.00 a N o a o o 0 0 co o N CU N N tc CD N 0) a � fn Sr) W W z 0 z W -256- II EXHIBIT EEC)) II r-■ - 0 n 0 O O O ° CA /A j n N W 1 O 0 0 O O O o O P- EA 0 N N N r Ve o O 0 o r E9 Cn o I- m o co v o co ca E co O a N l's Cn Z w m u 0 6 u 0 O CD to O In CO 5) 69 I$ 533,287.00i Bay, Ltd. PO Box 9908 Corpus Christi, TX 78469 TOTAL PRICE [ _ T'e•! } =:;?n ;'h k y..,_ •�` .? g ;r L'r' ;TREETIMPROVEMENTS $ 4,000.00 1 $ 4,000.00 o 0 0 0 00 r (fl 00, O r E9 a 0 0 0 O r EA O Efl $ 3,400.00 I $ 3,400.00 I', 0 0 r M M 69 N V. EA 0 0 to O M lii O VI .- EA 0 0 O O 0) N Cfl O O ti M CA 0 0 o 0 <A efl O N 00 Efl 0 0 0 to O O O o Cn CA 0 0 o 0 co. V) O O O C' E9 0 CO N. cO - Vl 00 N O En 0 O M �' to O M O V) 0 O 0 t` co (/) O M O V) 0 co. h M) N V! O LO. O CA 0 O C r r N O 0 U7 c0 CA 0 O o n r E!i 0 O 0 h .-- !fl 11$ 110.00 I $ 331.1.00 0 C 0 N M VT N co E9 II $ 3.20 I $ 288.00 a O 0 N to N co EA, o O 0 O 0. r to 0 O U N CO CO co to 69 0 O 0 0 0 0 a0 o U) CA to $ 85.00 $ 85.00 0 O 69 0 CO Cfl 0 O EA O 9j EA N - E9 r - UNIT L PRICE O O R) vi Efl O tO CO co s CO 0 ti CO co E9 I$ 4,439.80 II 0 C 0 0 V' CA $ 665.00 I $ 665.00 II Haas - Anderson Construction, Ltd. PO Box 7692 Corpus Christi, TX 78467 UNIT TOTAL PRICE PRICE $ 25,250.00 I $ 25,250.00 $ 2,225.00 1 $ 2,225.00 $ 10,625.00 I $ 10,625.00 0 O 0 0 N N Efl 0 o o U) N EA $ 1.45 I $ 31,972.50 II O O 0 n c0 O CA EA a r V) O O 0 O O 1.0 CA Efl 0 o 0 6,3 $ 8.30 $ 183,015.00 $ 1.515.00 1 5 1,515.00 $ 50.00 I S 2,250.00 II $ 0.30 S 1,251.00 $ 0.30 $ 1,143.00 $ 0.30 I $ 1,878.00 $ 0.55 $ 253.00 $ 86.00 L $ 172.00 O O O O �~ EA EA 0 0 o 0 co 0 EA EA I$ 111.001$ 333.00 I $ 3.25 I $ 325.00 1$ 3.25 I $ 292.50 I$ 3.25 I $ 29.25 14" Dyed Stamped Concrete Sidewalk (5' Wide) 6.15 IRemoval and Reinstallation of Existing 6" Concrete $ 7.90 Driveways I SY I Gradina Adiacent To Sidewalk _ 1$ 1.25 II C9R I 1 I EA (Adjust Existing Water Valve SUBTOTAL PART "C" - WHITECAP BLVD. (PARK ROAD 22 TO GULF OF MEXICO) (ITEMS C1 -C28) BOND 2008 STREET OVERLAYS - GROUP 2 (PROJECT NO. 6480) UNIT I DESCRIPTION Gam; ksV! -J ai 3W yY R iL S 3 s.5 d r I 1 LS Mobilization I C2 1 LS Storm Water Pollution Prevention Plan I C3 I 1 LS ITraffic Control _ I, C4 I 1 LS Special Construction Prep. To Remove Sand From Road I es 1 77 nsn SY 1Millina (2 ") _ I ca I 97 nsn I SY IHMAC Overlay (2 ") _ I m 3 o } v I 0 c `m c ai E > d ■ d ifi co 3 O } v m c m c E > a > m 460 Fa I Reflective Pavement Markings TYI (8" White Solid ■ I C17 2 EA 'Reflective Pavement Markings TYI ( "Right Turn Arrow ) EA Reflective Pavement Markings TYI ( "ONLY") (W) ' ) ! ! _ 4,170 I LF g ain I t LL N O N co 0 09 rn i Ili co 2 > 0 0 N 0 0 to N co o N C' °' 2 a Q 3 CJ 5 a 2 N M 'sr It) t0 a w i -256- II EXHIBIT EEC)) II r-■ - 0 n Page 4 of 5 $3,101,193.00 Bay, Ltd. PO Box 9908 Corpus Christi, TX 78469 TOTAL II PRICE J rw . ; [STREET IMPROVEMENTS $ 4,000.00 II $ 400.00 II O o o o N- (O to $ 7,780.50 II OIO 0) N- M 06 to O O 0 o (A (n ,i (G 0 t-,1 U) CA O Nl (() 7 N (A N of 7 v •• co I _ 833.00II O (`iI•-' `1' (fl C N N N 1PROVEMENTS _ _ - -JI $ 96,724.20 _ _0 0; 0, 'W. ila ,W t7 a 0 I-. (7 ti .r�y� .0 •` a is ISTREETIMPROVEMENTS „ — 0 0 0 O (0 (A 0 0 0 O M O O 0 O (0 CO O O O CO co $ 4,000.00 $ 400.00 00'00L'9 $ O M .-- (A O -t .- CA O O p CA O r o1 (A O O O IA $ 0.34 S _ 0.35 $ 0.35 $ 6.50 UNIT PRICE q 0 (f) co r (A $ 1,270.00 II 1,620.00 $ 4,860.001 (O N N (A $ 7,325.00 $ 605.00 $ 3,300.00 $ 8.678.25 O N. (+7 00 N I $ 10,000.00 $ 47,880.00 $ 3,412.50 OLc) (D — (fl S 833.00 S 42.00 $ 224.40 Haas - Anderson Construction, Ltd. PO Box 7692 Corpus Christi, TX 78467 TOTAL PRICE 0 0 CO. to O i'.ri 0 N T to 0 O ui Cl. (» 0 O (n CO (a $ 3,300.00I u) ''rt — (J") 0 .4:00,N T LA 0 0 u) o a .- (A (A (fl- $ 0.35 0.35 0.35 0 (O (o to UNIT PRICE IReflective Pavement Markings TYI (4" White Solid) 1 Mobilization Storm Water Pollution Prevention Plan l D13 1 3 I EA lAdjust Existing Sanitary Sewer Manhole SUBTOTAL PART "0" - FLATO ROAD (BEAR LANE TO BATES STREET) (ITEMS D1- ntst j4r e rx N 1. ro Mobilization Storm Water Pollution Prevention Plan Traffic Control Milling 0" to 2" Seal Coat Full Depth Pavement Repair HMAC Overly (2 ") Grading Adjacent To Roadway IReflective Pavement Markings TYI (4" White Solid) I Reflective Pavement Markings TYI (4" Yellow Broken) Reflective Pavement Markings TYI (4" Yellow Solid) 3 0 Q a Ii ` C E CU a -o m BOND 2008 STREET OVERLAYS - GROUP 2 (PROJECT NO. 6480) DESCRIPTION J J c. -a: .�0./i 4 AO { N V 9 } } (A n } }} U GO (n 1L J LL J LL J Q W } a N in --- (.1) in 200 5,985 2,730 4.830 I 2.380 : W W 00000000 60 MO II 6 o N C ITEM —257— EXHIBIT "C" Page 19 of 20 (() 0 u) 0 o> ro a $3,101,193.00 O.N o a O 0 N � Q1 '0 O m N tO � N Q h m p) 4 W Q P E = U7 W w ce co CI 0 w mu. LL h O h gz c In W Z o rnIn Z O cv h 1 W W WU � o 00 i O M o. W o .. t a:m a N N la C m 2 0 00 >: "r ma G2 0 W 2 F- F- Bay, Ltd. PO Box 9908 Corpus Christi, TX 78469 TOTAL PRICE Sz_r 0 0 C co ai I $ 900.00 II 0 0 0 o o6 (A 0, 00 r- .a - (f1 00. O orn ,- N t/3 $ 178,410.00 II $ 172,150.00 II $ 4,635.00 II $ 28,830.00 0 0 0 0 IA $ 125.00 II $ 2,635.00 II 1.456.00 II 0 0 0 (A H00'02Z $ j 0 0 v (A A Z I F17 I 6 I EA 'Adjust Existing Sanitary Sewer Manhole I $ 1,620.00 � $ 9,720.00 $ 1,400.00 $ 8,400.00 UNIT PRICE O O 0) 0 $ 900.00 O O O 00 FA '7 `- (• '{ to V r Vi O ,- (A 06'0 S 0 '- cf) S 1,800.00 0 N r' tfi $ 0.31 S 0.32 $ 12.50 $ 4.50 0 to Haas - Anderson Construction, Ltd. PO Box 7692 Corpus Christi, TX 78467 ITEM QTY UNIT DESCRIPTION UNIT TOTAL f PRICE PRICE vs'�{ k. g: y' r" FR O' tt? aL Ao q G`,, 4''m- : d�' :. $ 22,725.00 �I O 0 r (A- 0 O 0 to us- $ 15,225.00 II $ 21,910.00 II $ 126,765.00 $ 153,370.00 S 6,437.50 $ 28,737.00 N 0 C;1 FA $ 151.00 S 2,550.00 O M e- If) 0 N (ft tf> 0 d' W$ II F19 I 1 I EA 'Adjust Existing Gas Valve I $665.00 I $ 665.00 STREET IMPROVEMENTS $ 22,725.00 $ 1,580.00 O 0 (A V V; (fl .- O EA N O) (f) N •- If) V CA O O to $ 151.00 $ 0.30 M O (ft $ 12.60 $ 4.55 $ 4.55 BOND 2008 STREET OVERLAYS - GROUP 2 (PROJECT NO. 6480) Mobilization Storm Water Pollution Prevention Plan Traffic Control Seal Coat FDR (Full Depth Reclamation HMAC Overlay (2.5 ") T as 3 'o N o F c v Metal Beam Guard Fence w/Timber Post (TxDOT Item 540) I Guard Fence End Treatments (TxDOT Item 544) N m m x 's O ca m Iu c N W 2= 1Reflective Pavement Markings TYI (4" Yellow Broken) Reflective Pavement Markings TYI (24" White Solid) Raised Reflective Pavement Markings (TYI -A -A) Yellow Solid Raised Reflective Pavement Markings (TYI -B -B) Blue 0 fn J co J 1' W i- CO i W r W i- W LL J Q W LL LL J J LL J Q LL Q W J W W a 0. o o 15.650 1 LO N 11, o w I 1,860 0 o o v a w N LL N LL CO LL C' LL (n LL O LL I+ LL CO LL IIF9 O LL ,- N LL LL (,) LL 'd' (!) 0 LL LL LL CC ct Q 0 -258- II `rC" �I PaEXHI BIT n: (l 9 of 20 PROJECT BUDGET STREET OVERLAYS GROUPS 1 AND 2 Protect Nos. 6475 and 6480 September 22, 2009 FUNDS AVAILABLE: Bond 2008 ST 13 (Years 1 & 2) $7,382,500.00 FUNDS REQUIRED: Construction (Bay, Ltd.) $2,733,748.55 Construction (Haas- Anderson Construction, Ltd.) $1,586,683.75 Contingencies (10 %) 432,043.23 Consultant Group 1 (RVE, Inc.) $549,830.00 Consultant Group 2 (Coym, Rehmet & Gutierrez Engineering, L.P.) 552,210.00 Testing (Rock Engineering & Testing Laboratory) 62,950.00 Reimbursements 172,817.29 Misc. (Printing, Advertising, etc.) 4,000.00 Total $6,094,282.82 FUNDS REMAINING $1,288,217.18 —259— i EXHIBIT "D" Page 1 of 1 \ Mproject \councilexhibits \exh6475. dwg PROJECT SITE Wood River from 624 to Guadalupe F.M. 624 PROJECT SITE Wood River from Guadalupe to Beal e ^ E Ul C ! NUTCES BAy UP tv RD a u CCIA BEAR DAD PROJECT SITE Home from Port Avenue to Greenwood t,.t.1■ / v .` / ■r AGNES Pil/ , Yo� ,' 1. ./, , 46: *-- VO ii pf F.M. 43 PA PROJECT SITE Laredo from Crosstown to Agnes PROJECT SITE Agnes from Crosstown to Port PROJECT SITE Tarlton Street from Ayers to Crosstown CORPUS C.5[RTS2I RAY O,p DR PROJECT SITE Kostoryz Street from SPID to Holly OS LOCATION MAP NOT TO SCALE CITY PROJECT # 6475 EXHIBIT "E" STREET OVERLAYS GROUP 1 BOND 2008 -260- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 2 DATE: 9/01/2009 \ Mproject \councilexhibits \exh6480. dwg N'IIECES 13Ay oS °a 0 U CORPUS CHRISTI B.?ly CCIA s BEAR PROJECT SITE Flato Rood from Bear Lane to Bates F.M. 43 CO CU PROJECT SITE Wooldridge Road from Quebec to Oso Parkway CITY PROJECT # 6480 PROJECT SITE Glen Oak from Flour Bluff Drive to Waldron PROJECT SITE Hustlin' Hornet from Debra to Laguna Shores PROJECT SITE Yorktown from Waldron to Laguna Shores PROJECT SITE Whitecap from Park Road 22 to Gulf of Mexico I WHITECAP b0 r, LOCATION MAP NOT TO SCALE ti CO r OP GAF OF AITXlCO EXHIBIT "E" STREET OVERLAYS GROUP 2 BOND 2008 -261- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 2 DATE: 9/01/2009 VIEW MI= NV MINI 24 CITY COUNCIL AGENDA MEMORANDUM City Council Acton Date: 09:22/09 AGENDA ITEM: Ordinance amending the Code of Ordinances Chapter 53, Article V. Operation of Vehicles, Division 1, by adding Section 53 -109 Operation of Golf Cart; Affirmative defense; culpable mental state not required; providing for severability; providing for penalties; providing for publication; and declaring an emergency. ISSUE: House Bill 2553 amended Chapter 551 of the Texas Transportation Code by adding Subchapter F, Golf Carts, to provide for limited operation, effective 9/01/2009. BACKGROUND INFORMATION: Section 551.403(a) amends the Transportation Code to provide for limited operation of a golf cart, and Section 551.403(b) authorizes a municipality to prohibit the operation of a golf cart on a public highway if the prohibition is necessary in the interest of safety. The ordinance provides for an exemption /affirmative defense for an employee of a law enforcement agency that is performing a duty for the law enforcement agency that requires the operation of a golf cart on a public highway. The ordinance will allow the Police Department to utilize golf carts for law enforcement purposes. REQUIRED COUNCIL ACTION: Approval of the ordinance. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance. Attachments: Ordinance John W. Moseley Acting Chief of Police 886 -2603 -265- AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 53, ARTICLE V. OPERATION OF VEHICLES, DIVISION 1, BY ADDING SECTION 53 -109 OPERATION OF GOLF CART; AFFIRMATIVE DEFENSE; CULPABLE MENTAL STATE NOT REQUIRED; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the City of Corpus Christi is a home rule city having authority to utilize police power to enact ordinances to protect the health, safety, and general welfare of its citizens; and WHEREAS, Section 551.403(a) of the Texas Transportation Code provides for limited operation of a golf cart; and WHEREAS, Section 551.403(b) of the Texas Transportation Code authorizes a municipality to prohibit the operation of a golf cart on a public highway if the prohibition is necessary in the interest of safety; and WHEREAS, the City Council determines that it is necessary to prohibit the operation of golf cart on public highway in the interest of public safety. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances of the City of Corpus Christi, Texas, is hereby amended by adding Sec. 53 -109 Operation of Golf Cart, to read as follows: Sec. 53 -109 Operation of Golf Cart. a Definitions. For the • •oses of this Section these words have the followin• meanings: "Golf cart" means a motor vehicle designed by the manufacturer primarily for transporting persons on a golf course. "Highway" includes any roadway, street, alley, highway, avenue, public place or s•uare bride viaduct tunnel under ass over ass and causewa in the cit ur dedicated or devoted to public use. (b) Offense. It shall be unlawful for any person to operate a golf cart on a public highway within the territorial limits of the city. (c) Affirmative defense. It is a defense to prosecution under this Section that the person is employed by a law enforcement agency and is performing a duty for the law enforcement a•enc that re•uires the operation of a •olf cart on a •ublic hi•hwa (d) Culpable mental state not required. Neither allegation nor evidence of a oulpab e mental state is required for the proof of an offense defined by this Section. (e) Penalties. (1) Any person who violates this Section shall be guilty of a Class C misdemeanor, as defined in the Texas Transportation Code, which shall be punishable by a fine not to exceed two hundred dollars ($200.00). SECTION 2. If for any reason any section, paragraph, subdivision, provision, clause, sentence, phrase, word or part of this Ordinance or the application of the same to any person or circumstance for any reason be adjudged or held unconstitutional or invalid by final judgment of a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part, section, paragraph, subdivision, clause, phrase, sentence, word or provision hereof other than the part declared to be invalid or unconstitutional, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, sentence, word or provision hereto be given full force and effect for its purpose. To the extent this Ordinance is in conflict with state law, the state law governs. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53.109(e). SECTION 5. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on , 2009. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved as to legal form &Prr per6 52009 By: T "Trisha ng Assistant City Attorney For City Attorney 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, Council Members Joe Adame, Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 25 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION Date: September 22, 2009 AGENDA ITEM: Update from the Complete Count Committee on the 2010 Census STAFF PRESENTER(S): Name 1. None 2. 3. Title /Position Department OUTSIDE PRESENTER(S): Name 1. Joel Yowell 2. Betty Jean Longoria Nueces County Commissioner Pct. 2 Title /Position Co -Chair Co -Chair Organization Complete Count Committee Complete Count Committee BACKGROUND: The Complete Count Committee is a team of community leaders to develop and implement a locally -based outreach and awareness campaign for the 2010 Census. PowerPoint Supplemental Information 26 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation by the Human Relations Department on the City's ADA Title II Transition Plan and Non - Discrimination Ordinance.. STAFF PRESENTER(S): Name Title /Position 1. Leon Bazar Director 2. Department Human Relations ISSUE: The City Council is to receive annual updates regarding the efforts made under the City's ADA Title II Transition Plan and Non - Discrimination Ordinance BACKGROUND: Please see attached REQUIRED COUNCIL ACTION: None at this time. Leon Bazar Director of Human Relations Ieonb(c�cctexas.corn (361) 826 -3196 Additional Background XX Exhibits ❑ BACKGROUND INFORMATION Annual Update of ADA (Americans with Disabilities) Title II Transition Plan and Non - Discrimination Ordinance "ADA Accessibility and Compliance And Employment and Fair Housing Discrimination" The Human Relations Department is the department responsible for administration of the City of Corpus Christi's compliance with the Title II ADA Transition Plan and the Non - Discrimination Ordinance. Additionally, the department is a contracted FEPA (Fair Employment practices Agency) of the EEOC (Equal Employment Opportunity Commission) and a contracted FHAP (Fair Housing Administration Program) of HUD's Fair Housing Division. The department also has a MOU with the Department of Justice Office of Special Counsel. The Department accepts and investigates complaints of discrimination and/or non - compliance in the areas of employment, fair housing, public accommodation, and ADA accessibility. The protected basis of discrimination include Race, Color, National Origin, Sex, Religion, Disability, Age, Equal Pay, and Retaliation. The enforcement authority granted to the department comes from the Civil Rights Act of 1964, as amended; Americans with Disabilities Act (ADA); Immigration Reform and Control Act of 1986; City of Corpus Christi ADA Title II Comprehensive Evaluation and Transition Plan; and the City of Corpus Christi Non - Discrimination Ordinance. Aside from some very minor differences, the charge /complaint management process will include requests for information /documentation; witness interviews and site visits; mediation and settlement conferences; and subpoena and lawsuit filings (if necessary). The City of Corpus Christi's Title II ADA Transition Plan consists of accessibility improvement projects for cross - disabilities through the removal of barriers. The components designated in the transition Plan include six and are: Public Facilities, Services /Activities/Programs, Public Curb Ramps, Site Development, Intergovernmental Agencies/Public Businesses, and Outreach and Training. Public facilities significant projects in FY 08 -09 included the Garcia Library, Neyland Library, and the Southside Fire Station. Future facility projects to be improved include Broadmoor Sr. Center, HEB Pool Complex, HEB and Kruse Tennis Courts, Greenwood Softball Complex, and Heritage Park Cultural Center. Key Services /Activities/Programs included: • ADA Trash Pick -up program which currently services approximate 300 citizens with disabilities and in FY 08 -09, 41 new clients were akloNt 93-this program. • CAST (Catch A Special Thrill) that in its second year provided a fishing event experience for 27 youth with disabilities (ages 5 -17). Local businesses partnered with Parks & Recreation for this great experience. • ADA Parking Monitor is a program beginning its 5th year and currently has a volunteer force of 12 to 15 citizens that average 72 citations ° ssued per month for vehicles illegally parked in ADA designated parking spaces. • Sail Away Program provides sailing classes for persons with disabilities and is a partnership of Christus Spohn and our Marina department. Public curb ramps improvements to remove physical/architectural barrier are prioritized in the Transition Plan and reflect a priority of : 1. State and local government offices and facilities 2. Transportation 3. Places of public accommodation 4. Employers 5. Walkways serving other areas Public curb ramps construction may also occur under the following circumstances that include the (1) completion of corners of an intersection where only some ramps have been constructed, and (2) request by a citizen for any area where there is a demonstrated need. The Committee For Persons With Disabilities assists the City in reviewing and recommending curb ramp locations. Public curb ramps significant project in FY 08 -09 that addressed and/or included curb ramp improvements (completed or under construction) included Cimarron Blvd. (phase 1), Everhart Road (phase 1), Wooldridge Rd. (phase 1), Doddridge Street, Staples Street, Water Street (Downtown District), Greenwood Drive, and North Port Avenue. An additional 186 curb ramps will be completed in resolution of litigation resolution. Public curb ramps improvements and accessibility within the City were also assisted by efforts of our key partners. These efforts included TxDOT curb ramp project along 1137, Leopard, and other areas nearby that will result in 500+ new curb ramps and RTA's stimulus project of installing 200 landing pads. Many of these will include curb ramps to the related bus stop and landing pad. Site Development relates to the efforts of Development Services to ensure that access in new subdivision/commercial development projects that reflects accessible ramps and that these new construction and alteration projects also meet all physical accessibility requirements. The Human Relations Department and the CFPWD are advised on major development projects and provided an opportunity for input relative to ADA accessibility. Outreach and training efforts included (a) City Supervisor /employee and community training on diversity awareness, sensitivity training, and People First language training. In FY 08 -09, 41 sessions were presented by the Human Relations department staff; (b) partnering with DARS (Department of Assistive & Rehabilitative Services), sponsored Disability Employment Awareness Month Conference; and (c) developed, with the CFPWD, ADA Community Recognition Awards during ADA Anniversary Month (July) honoring, in FY 08 -09, MHMR, Lighthouse For The Blind, and LCC XXXVII. ADA future project/activities include completion of the Miracle league Baseball Field which is a joint project of Parks & Recreation and local Rotary Clubs; development of a local ordinance reference curb ramps requirements; training of-I 'glopment Services and Engineering staff at the Texas Accessibility Academy; initiation of CFPWD ADA Accessible Business Awards program; enhancement of the ADA parking Monitors program; National Parks Service ADA complaints resolution; city facilities ADA accessibility re- evaluation; and Transition Plan evaluation and revision. Employment discrimination resolution under our EEOC contract required the department to complete 84 closures by September 31, 2009 and fortunately we were able to meet that goal by the end of August 2009. In these closures, 21% resulted in settlements (monetary, job reinstatements, positive references, employee training, etc.) and 44% resulted in "no cause" findings. Race/National Origin and Sex are the major allegations of discrimination. Major outreach training sessions for City Supervision (with Legal) and for CCHRMA (Corpus Christi Human Resources Management Association). Fair Housing discrimination under our HUD contract (ending June 30th) resulted in 33 complaints closed for credit. Of these closures, 63% (21 of 33) were resolved with conciliation remedies that included rent deposits returned, repairs made, relocations expenses paid, utility payments returned/adjusted, etc.. Discrimination because of disability constituted 43% of the complaints filed. A positive and educational partnership was developed with the Corpus Christi Apartment Association to further our Fair Housing outreach and training. We also partnered with the COG in providing a community Fair Housing Month (April) event in the community. Our department staff consists of: • 1 Director and City -wide ADA Coordinator • 1 ADA Investigator and Fair Housing Compliance Officer • 1 Fair Housing Compliance Officer • 2 EEOC Intake and Investigative Compliance Officers • 1 Management Aide and ADA Trash Pick -up Program Coordinator We are assisted in many of our program efforts by our Human Relations Commission and the Committee For Persons With Disabilities. -280- clo g:4 ADA Accessibility and Compliance • * 0 O 0 0 tttl • PO •- O • VINTO • r-I ral rd • - g E O E ADA Title II Transition Plan and Non - Discrimination Ordinance FY 2008 -2009 a 0 CD • ation O E o 5; cto. . c 0 a) v ,O a) ° tr co .0 0) o. O o 0) cn O ._ O C) co ia O co >+ '-ir L .. 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