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HomeMy WebLinkAboutAgenda Packet City Council - 04/19/2011■•01%ftel•06%.•011 11:45 A.M. - Proclamation declaring the month of April 2011 as "Child Abuse Prevention Month" Swearing -in Ceremony of newly appointed Board, Commission and Committee Members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 APRIL 19, 2011 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 de! 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 - 828 -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 Reverend Miriam Berger, Christus Spohn Health System. 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 Nelda Martinez Council Members: Chris N. Adler Interim City Manager Margie C. Rose Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Mark Scott Linda Strong Agenda Regular Council Meeting April 19, 2011 Page 2 CITY COUNCIL PRIORITY ISSUES {Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of April 12, 2011. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. 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: 2. (At this point the Council will vote on all motions, resolutions and ordinances_ not removed for individual consideration.) a. Resolution authorizing the City Manager or designee to accept a grant of $80,000 from the Texas Department of State Health Services to provide diabetes prevention and management services and to execute all related documents; and to ratify acceptance of the grant to begin as of March 30, 2011. (Requires 2/3 vote) (Attachment # 2) Agenda Regular Council Meeting April 19, 2011 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Ordinance appropriating a grant of $80,000 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide diabetes prevention and management services. (Requires 2/3 vote) (Attachment # 2) 3. Motion authorizing the City Manager or designee to execute a construction contract with Jhabores Construction Company of Corpus Christi, Texas, in the amount of $748,276 for construction of the Veterans Cemetery Effluent Lift Station and Force Main Effluent Line for the Base Bid. (CIP 2010 -2011) (Requires 2/3 vote) (Attachment # 3) 4. a. Ordinance appropriating an amount of $95,750 from the Unreserved Fund Balance in Fund No 4300 for the Storm Water Manhole Ring and Cover Adjustment Project; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase appropriations by $95,750. (Requires 2/3 vote) (Attachment # 4) b. Motion authorizing the City Manager or designee to execute a construction contract with RCM Constructors, Inc., of Corpus Christi, Texas in the amount of $426,600 for the Wastewater Service Line Repair and Clean -Out Installation and Manhole Ring and Cover Adjustment Program FY2011. (Requires 2/3 vote) (Attachment # 4) 5. Second Reading Ordinance - Appropriating a $5,381 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. (Requires 2/3 vote) (First Reading — 04/12/11) (Attachment # ) I. EXECUTIVE SESSION: (NONE) 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. Agenda Regular Council Meeting April 19, 2011 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) J. PUBLIC HEARINGS: 6. Public Hearing and First Reading Ordinance to consider abandoning and vacating a 25,743.96- square foot portion (0.591 acres) of an undeveloped and unsurfaced 20 -foot wide, dedicated public right -of -way, out of Section 28, Lots 8 & 9, Flour Bluff and Encinal Farm & Garden Tracts, said public right - of -way, being located south of the South Padre Island Drive (SH 358), and west of the Paul Jones Avenue, public streets rights - of -way; subject to compliance with the specified conditions. (Attachment # 6) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 7. First Reading Ordinance - Waiving Council Policy 6.c; naming of the beach adjacent to the seawall abutting Windward Drive in Corpus Christi as "Michael J. Ellis Beach "; and the naming of the section of the seawall adjacent to the Windward Drive parking lot as the "Michael J. Ellis Seawall ". (Attachment # 7) 8. Resolution authorizing the City Manager or designee to execute Amendment No. 1 to the Advance Funding Agreement with Texas Department of Transportation (TxDOT) and Port of Corpus Christi ( "Port ") regarding decorative lighting of the Harbor Bridge, to increase project estimate from $1,864,000 to $2,191,280; adjust City funding participation from $298,000 to $598,000, and also provide for City and Port to equally share utilities and operation costs. (Requires 2/3 vote) (Attachment # 8) 9. a. First Reading Ordinance - Appropriating $193,800 in the Fund No. 3350 "Public Health and Safety CIP Fund" from anticipated reimbursements to be paid by the Corpus Christi Independent School District in accordance with the Interlocal Cooperation Agreement, for the demolition, clearance, and other charges associated with the relocation of Fire Station No. 5; changing the FY 2011 Capital Budget adopted on March 8, 2011 by Ordinance No. 028995 to increase revenues and appropriations by $193,800 each. (Requires 2/3 vote) (Attachment # 9) Agenda Regular Council Meeting April 19, 2011 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Motion authorizing the City Manager or designee to execute a professional architectural services agreement with Solka Nava Torno, Inc., of Corpus Christi, Texas in an estimated amount not to exceed $211,810 for Fire Station No. 5 relocation project. (BOND ISSUE 2008) (Requires 2/3 vote) (Attachment # 9) 10. Motion authorizing the City Manager or designee to execute a Professional Services Contract with compensation not to exceed $ -0- with McKinstry Essention, Inc. of Dallas, Texas for Technical Energy Audit Services for selected City facilities, subject to the City's future execution of a feasible Energy Performance Contract. (Requires 2/3 vote) (Attachment # 10) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 11. Corpus Christi Convention and Visitors Bureau (CCCVB) Quarterly Destination Marketing Presentation (Attachment # 11) 12. Immediate and Future Space Needs for the Police Department (Attachment # 12) 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 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. Agenda Regular Council Meeting April 19, 2011 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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 15 NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. CITY MANAGER'S COMMENTS: (NONE) 0. 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 _S; 3t p.m., on April 14, 2011. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that Implement council goals are on attached sheet. City Council Goals 2010 -2011 Bayfront and Downtown Initiatives Complete Utility Master Plans Conservation and Recycling Education Plan Comprehensive Economic Development Approach Street Improvement Plan Development Process Improvement Mary Rhodes Pipeline Phase H Water Plan Safe and Healthy Community Initiatives (Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence MINUTES CITY OF CORPUS CHRISTI, TEXAS Council Workshop Session April 12, 2011 - 8:30 a.m. PRESENT Mayor Joe Adame Mayor Pro Tem Nelda Martinez Council Members: Chris Adler Larry Elizondo, Sr. Priscilla Leal* John Marez*** Mark Scott Linda Strong*'* ABSENT Kevin Kieschnick *Arrived at 8:50 a.m. **Arrived at 10:09 a.m. ***Arrived at 10:14 a.m. City Staff: Interim City Manager Margie Rose City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the workshop meeting to order in the Council Chambers of City Hall and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Assistant City Manager Oscar Martinez announced that the workshop would include discussions on the utility services and rates; the capital budget overview; energy initiatives; street maintenance; and the City Auditor. Assistant City Manager Martinez referred to a powerpoint presentation including a comparison of utility services and rates from 2002 to 2010 for water, storm water, wastewater, and gas; utility rate increases from 2002 to 2011; and the utility rate model overview. The following topics pertaining to this item were discuss: the issue with storm water burdening water rates and recommendations during the budget process; winter wastewater averaging; and the rate point that diminishes revenues due to lower water consumption. Assistant City Manager Martinez provided a brief overview of the Capital Budget including the policies adopted regarding the Capital improvement Program and the FY2012 Capital Budget calendar. The following topics pertaining to this item were discussed: performing an analysis to develop a series of decision points that drive the cost of utility improvements and embedding those details in the CIP; policy issues that could restrict best value engineering; maximizing the use of the current systems; the capital budget calendar and funding; the possibility of eventually approving the CI P and the associated rates simultaneously; prioritizing mandates and public safety issues; and the utility transfers to the general fund. Minutes — Council Workshop April 12, 2011 — Page 2 Assistant City Manager Martinez opened discussion on the topic of energy conservation initiatives. Mr. Martinez referred to a powerpoint including the estimated FY201 2 revenues; Texas Coalition for Affordable Power contract rates; baseline energy date collection and analysis; an overview of key energy management and conservation initiatives; the Energy Efficiency and Conversation Block Grant (EECBG) overview and nine (9) projects; and the landfill gas to energy initiative. Assistant City Manager Johnny Perales and Senior Planner Lisa Wargo provided detailed information on the proposed amendments to the code as part of the Energy Efficiency and Conservation Block Grant (EECBG) including the goals; community issues; EECBG implementation focuses; proposed code and zoning ordinance amendments; photos of a Special Mixed Use (SMU) Overlay District and allowances; incentives under the SMU District for mixed use development projects; Mixed Use Development Standards and examples of rowhomes and townhomes, horizontal/vertical duplexes, lofts/mezzanine units, and live -work units; Streetscape Zone Standards, minimum sidewalk dimensions, outdoor dining area standards, lighting and outdoor display standards, fencing/screening standards, and pedestrian oriented signage; target area for redevelopment special overlay district; Destination Node concept; area identification criteria; analysis results; field verification; prioritization of Destination Nodes; Residential Mixed Use standards; allowances for small neighborhood community gardens and farm stands; Adaptive Reuse Standards, examples, and incentives; Amended Off - Street Parking Standards and parking uses; standards for recreation & personal Vehicles and personal storage onsite; and bioretention swales. The following topics pertaining to this item were discussed: the Public Utility Commission tax; methane gas extraction and conversion to power; the timeframes to convert the 17 vehicles to CNG; underutilized existing infrastructure; whether staff is working with Destination Bayfrontfor the overall concept for downtown; target areas for redevelopment; the repurposing of parks concept for neighborhood gardens; responses from the development community to the off- street parking standards concept; problems with residential areas with personal vehicles on yards or storage onsite; explanation of tandem parking; requirements for carports; use of materials for preventing trash from going into sewer system; and landfill -based energy opportunities. Council Member Martinez requested a presentation from the Gas Department on the expansion of the CNG program and partnerships. Assistant City Manager Martinez referred to the discussion on street maintenance and introduced Chair of the Street Maintenance Finance Ad Hoc Advisory Committee Pat Veteto. Mr. Veteto referred to a powerpoint including resolution guidelines; committee members; committee challenges; the magnitude of the challenge; how the street maintenance got to this point; street expenditures comparison from 1980 to current; general fund expenditure changes from 1980 to present; the funding history; street metrics change from 1980 to 2010; historical growth and decline in city; annexation history; other cities fund metrics for streets; and funding needs. Committee members Gabe Guerra, Elizabeth Chu Richter, and Darryl Haas were available to respond to questions. The following topics pertaining to this item were discussed: whether the annual street maintenance budget per person and square yard at a funding level of $88 million per year is unrealistic; the decrease in the street budget by 50.5 %; the comparison of funding levels with other cities; the increase in funding since 2000; and changes in design standards. There was a general consensus of the Council to allow the committee to ask staff to re- evaluate the funding levels. -2- Minutes -- Council Workshop April 12, 2011 — Page 3 Assistant City Manager Martinez opened discussion the City Auditor position. Council Member Mark Scott, Chair of the Administration Committee, provided a brief report of the decisions made by the Administration Committee including the timeline of work performed on the City Auditor position to date; the focus on cities that have a City Auditor report directly to City Council; the job descriptions; a draft budget for the department; and privatization and recruitment processes to be conducted concurrently. Assistant City Manager Martinez provided information including copies of the draft job descriptions; the draft budget for the Audit Department at approximately $307,000 with $249,000 for salaries; the two tier process for recruitment and Request for Information (RFI) process; input received from the local association of Certified Public Accountants; posting job opportunities; salary ranges for positions; next steps; and a final date of August 1, 2011. The following topics pertaining to this item were discussed: the salaries portion of the budget; the Auditor reporting directly to the City Council; and the job description including auditing the performance and efficiencies of the City. Council Member Scott directed staff to communicate this information to the public through the Public Information Office. * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council Workshop at 11:43 a.m. on April 12, 2011. * * * * * * * * * * * ** MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 12, 2011 - 12:00 p.m. PRESENT Mayor Pro Tem Nelda Martinez Council Members: Chris Adler Larry Elizondo, Sr. Priscilla Leal John Marez Mark Scott Linda Strong ABSENT Mayor Joe Adame Kevin Kieschnick City Staff: Interim City Manager Margie Rose City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Pro Tem Martinez called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor David Kelly with Trinity Worship Center and the Pledge of Allegiance to the United States flag was led by City Attorney Valdez. 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 Pro Tem Martinez called for approval of the minutes of the regular Council meeting of March 29, 2011. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * Mayor Pro Tem Martinez referred to Item 2 and the following board appointments were made: Airport Board Adam Nuse (Reappointed) George B. Richard (Reappointed) William McCord (Reappointed) Donald M. Feferman (Appointed) Ed Hicks (Advisory, Non - Voting member) Committee for Persons with Disabilities Sabrina Ramirez (Appointed) Retired and Senior Volunteer Program Advisory Committee Donna Anne Kinney (Appointed) Oil and Gas Advisory Committee Tom Fisher (Reappointed) John Cantu (Reappointed) Paul Grivich (Appointed) Gary J. Meurer (Appointed) Clean City Advisory Committee Lori Galan- Garcia (Appointed) C.C. Convention and Visitors Bureau Ken Griffin (Appointed) Transportation Advisory Committee Edd Price (Reappointed) Curtis A. Rock (Reappointed) Anthony E. Colosi (Reappointed) Mayor's Fitness Council Dr. Charles H. Campbell Water Resources Advisory Committee Don Roach (Reappointed) Jeff Edmonds (Reappointed) Michael Cox (Reappointed) Donald K. Zimmerman (Appointed) -5- Minutes — Regular Council Meeting April 12, 2011 — Page 2 * * * * * * * * * * * * Mayor Pro Tenn Martinez called for consideration of the consent agenda (Items 3 - 18). There were no comments from the public. Council Member Leal requested that Items 13, 14, and 15 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2011 -079 Motion approving the purchase of one (1) Peterbilt truck tractor and four roll off containers from Rush Truck Center of Houston, Texas for a total amount of $267,490. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The truck tractor and containers are replacements to the fleet and will be used by the Wastewater Department. Funding is available in the FY 2010- 2011 Capital Outlay Budget of the Fleet Maintenance Fund. The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye "; Adame and Kieschnickwere absent. 4. MOTION NO. 2011-080 Motion approving the purchase of ten (10) Ford Fusions from Champion Ford, of Corpus Christi, Texas in accordance with Bid Invitation No. BI- 0077 -11, based on alternate bid fora total amount of $167,990. These units are replacements to the fleet and will be used by the Police Department. Funding is available in the FY 2010 -2011 Capital Outlay Budget of the Fleet Maintenance Fund. The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye "; Adame and Kieschnickwere absent. 5. ORDINANCE NO. 0289016 Ordinance authorizing the resale of property located at 4602 Surfside Boulevard for $20,000 which was foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $5,041.29. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye "; Adame and Kieschnick were absent. 6.a. MOTION NO. 2011-081 Motion authorizing the City Manager to accept $4,290 in donations from event sponsors and registrants for expenses incurred in relation to the Texas Municipal League Region 11 Meeting hosted by the City of Corpus Christi on February 17, 2011. The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnickwere absent. 6.b. ORDINANCE NO. 029017 Ordinance appropriating $4,290 in donations in the No. 1020 General Fund for expenses incurred in relation to the Texas Municipal League Region 11 Meeting hosted by the City of -6- Minutes — Regular. Council Meeting April 12, 2011 — Page 3 Corpus Christi on February 17, 2011; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenues and expenditures by $4,290 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye "; Adame and Kieschnick were absent. 7.a. RESOLUTION NO. 029018 Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. The foregoing resolution was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye "; Adame and Kieschnick were absent. 7.b. FIRST READING ORDINANCE Appropriating a $5,381 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. The foregoing ordinance was passed and approved on its first reading with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye "; Adame and Kieschnick were absent. 8. RESOLUTION NO. 029019 Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas Department of Agriculture for a Summer Food Program Grant in the amount of $249,802 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. The foregoing resolution was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye "; Adame and Kieschnick were absent. 9.a. RESOLUTION NO. 029020 Resolution authorizing the City Manager or designee to execute all documents necessary to accept the $100,000 grant from the General Land Office (GLO), Coastal Management Program grant for beach, restroom, and parking access as part of the Corpus Christi Beach Promenade expansion; cash match is $67,000 from voter- approved Bond 2008 funding for Corpus Christi Beach improvements. The foregoing resolution was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye "; Adame and Kieschnick were absent. 9.b. ORDINANCE NO. 029021 Ordinance appropriating $100,000 from the General Land Office (GLO) Coastal Management Program grant in the No. 1067 Parks and Recreation Grants Fund for beach, restroom, and parking access for the Corpus Christi Beach Promenade expansion. —7— Minutes — Regular Council Meeting April 12, 2011 — Page 4 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye "; Adame and Kieschnick were absent. 10. MOTION NO. 2011 -082 Motion authorizing the City Manager or designee to execute Amendment No. 2 to the Contract for Professional Services with John R. Wright, Architect, of Corpus Christi, Texas, for a revised fee not to exceed $7,500 for a total contract amount not to exceed $57,300 for the Extend Promenade Northward on Corpus Christi (North) Beach project for additional design phase services. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye "; Adame and Kieschnickwere absent. 11.a. ORDINANCE NO. 029022 Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2011 Buccaneer Days Festival and related activities to allow use of City property bounded by Resaca Street to Palo Alto Street and Shoreline Blvd. and N. Chaparral Street, up to and including Barge Dock area; during April 21 through May 9, 2011, and areas used for parade routes and paid parade viewing areas, as defined in the lease agreement; provide for Commission paying 50% police overtime and 100% all other City costs and fees. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye "; Adame and Kieschnick were absent. 11.b. MOTION NO. 2011-083 Motion approving a $3.00 admission fee and/or $4.00 for adults (depending on date) and $3.00 per day for seniors, children under the age of 17 and persons with disabilities for Buccaneer Days Festival from April 21, 2011 through May 9, 2011. The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leaf, Marez, Scott, and Strong, voting "Aye "; Adame and Kieschnickwere absent. 12. MOTION NO. 2011 -084 Motion approving the application from Buccaneer Commission to temporarily close the following street sections for "Buc Days 2011" festivities, to begin Monday, April 18, 2011 through Sunday, May 8, 2011.. a. The temporary street closure of Resaca Street between North Chaparral Street and Shoreline Boulevard beginning at 5 :00 p.m. Friday, April 15, 2011 through 8:00 a.m. Monday, April 25, 2011. b. The temporary street closure of north and southbound Shoreline Boulevard between Resaca Street and the Art Museum of South Texas and including the barge dock; beginning at5:00 p.m. Friday, April 15,2011 through 8:00 a.m. Monday, April 25, 2011. -8- Minutes — Regular Council Meeting April 12, 2011 -- Page 5 c. in cooperation with the Texas Department of Transportation, the temporary street closure of North Broadway Street, including under US 181 Harbor Bridge, between Fitzgerald Street and Brewster Street for staging of professional rodeo cowboys truck/trailers beginning at 5:00 p.m. Friday, April 15, 2011 through 8:00 a.m. Monday, April 25, 2011. d. The temporary street closure of Fitzgerald Street between North Broadway Street and Mesquite Street for staging of professional rodeo cowboys truck/trailers beginning at 5:00 p.m. Friday, April 15, 2011 through 8:00 a.m. Monday, April 25, 2011. e. The temporary street closure of Water Street between Palo Alto Street and Resaca Street beginning at 8:00 a.m. Monday, April 25, 2011 through 5:00 p.m. Tuesday, May 10, 2011. f. The temporary street closure of Fitzgerald Street between North Chaparral Street and Shoreline Boulevard, beginning at 8:00 a.m. Monday, April 25, 2011 through 5:00 p.m. Tuesday, May 10, 2011. g. The temporary street closure of Shoreline Boulevard between Power Street and Resaca Street, and including the seawall, beginning at 8:00 a.m. Monday, April 25, 2011 through 5:00 p.m. Tuesday, May 10, 2011. h. The temporary street closure of Palo Alto Street between Water Street and Shoreline Boulevard, beginning at 8:00 a.m. Monday, April 25, 2011 through 5:00 p.m. Tuesday, - May 10, 2011. The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye "; Adame and Kieschnick were absent. 16. MOTION NO. 20101 -088 Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract with the Estate of Albert F. Stuchly, et al, for the amount of $89,900 plus $1,500 for closing costs for a total expenditure of $91,400, for purposes of acquisition of Parcel 11 containing .812 acres of land located at the southwest corner of the intersection of U.S. Highway 77 and County Road 52, for proposed street right -of -way improvements in connection with the County Road 52 Street Improvement Project — US 77 to County Road 69, Project *6163, and for other municipal purposes. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, and Strong, voting "Aye "; Scott abstained; Adame and Kieschnick were absent. 17.a. MOTION NO. 2011 -089 Motion approving the Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement submitted by Devary Durrill Foundation, owner and developer of 100 South Padre, Block 1, Lot 1, located east of South Padre Island Drive (SH 358), between Bear Lane and Investment Boulevard, including all related appurtenances. The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye "; Adame and Kieschnick were absent. -9- Minutes — Regular Council Meeting April 12, 2011 -- Page 6 17.b. ORDINANCE NO. 029024 Ordinance appropriating $107,557 from the No. 4030 Grid and Arterial Transmission Mains Trust Fund to reimburse Devary Durrill Foundation forthe installation of 791 linear feet of 12- inch water grid transmission main, including all related appurtenances for development of 100 South Padre, Block 1, Lot 1, as specified in the Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, , Scott, and Strong, voting "Aye "; Adame and Kieschnick were absent. 18.a. MOTION NO. 2011 -090 Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by North Beach Holding, LLC, owner and developer of Corpus Beach Hotel Addition, Block III, Lot 52A, located south of Hotel Place South, between Surfside Boulevard and Corpus Christi Bay, including all related appurtenances. The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye "; Adame and Kieschnick were absent. 18.b. ORDINANCE NO. 029025 Ordinance appropriating $26,051.75 from the No. 4030 Distribution Mains Trust Fund to reimburse North Beach Holding, LLC for the installation of 695 linear feet of 8 -inch water distribution main, including all related appurtenances for development of Corpus Beach Hotel Addition, Block III, Lot 52A, as specified in the Distribution Main Extension Construction and Reimbursement Agreement. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye "; Adame and Kieschnick were absent. Mayor Pro Tem Martinez opened discussion on Item 13 regarding the Selena Auditorium Lighting Control System & Infrastructure Project. Council Member Leal stated that she was glad that the lighting was being fixed for the Selena Auditorium and would like the City to maintain the public facilities. Director of •Engineering Services Pete Anaya reported that the City is addressing the repairs at the Selena Auditorium and will also be repairing the spalling concrete on the steps at the American Bank Center. Council Member Elizondo asked whether the City is working on a comprehensive maintenance program for the City facilities. Interim City Manager Rose explained that the American Bank Center has provided information on the capital improvements needed at the American Bank Center and will be discussed during the budget process. Mr. Elizondo requested a presentation on the comprehensive facility maintenance program. Council Member Strong requested that the Art Museum of South Texas be considered in the maintenance program. City Secretary Chapa polled the Council for their votes as follows : 13. MOTION NO. 2011 -085 Motion authorizing the City Manager or designee to execute a construction contract with Facilities Solution Group (FSG), Inc. of Corpus Christi, Texas in an amount not to exceed $1,070,875 forthe Selena Auditorium Lighting Control System and Infrastructure project for the Base Bid and Additive Alternate 4. _10— Minutes — Regular Council Meeting April 12, 2011 — Page 7 The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. Mayor Pro Tem Martinez opened discussion on Item 14 regarding the Lift Station Rehabilitation 2011 project for Everhart and Staples Lift Station and Padre Island Section 4 Lift Station. Council Member Leal asked when the lift station at Pierce and Port Street will be considered for rehabilitation. Director of Wastewater Operations Foster Crowell stated that the Pierce and Port Lift station is fairly new and is not scheduled for any rehabilitation at this time. City Secretary Chapa polled the Council for their votes as follows: 14. MOTION NO. 2011 -086 Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $103,900 for Rehabilitation of Lift Stations FY 2011 for the design, bid, construction, and additional services. The two lift stations to be rehabilitated under this contract are: Everhart and Staples Lift Station Padre Island Section 4 Lift Station The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye "; Adame and Kieschnickwere absent. Mayor Pro Tem Martinez opened discussion on Item 15 regarding the Rolled Curb and Gutter Life Cycle Replacement FY2011. Council Member Leal explained that Ti -Zack Concrete performed curb and gutter work near Galvan Elementary School and left an exposed area open for three (3) weeks which could have been a safety issue for children in the area. Director of Engineering Services Pete Anaya reported that staff has discussed this issue with Ti -Zack Concrete as being unacceptable and they have assured the City that they will be more diligent. City Secretary Chapa polled the Council for their votes as follows: 15.a. ORDINANCE NO. 029023 Ordinance appropriating an amount of $447,048 from the Unreserved Fund Balance in Fund No. 4300 for the Rolled Curb and Gutter Life Cycle Replacement FY 2011 Project; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase appropriations by $447,048. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye"; Adame and Kieschnick were absent. 15.b. MOTION NO. 2011 -087 Motion authorizing the City Manager or designee to execute a construction contract with Ti- Zack Concrete, Inc. of Le Center, Minnesota, in the amount of $347,700 for the Rolled Curb and Gutter Life Cycle Replacement FY 2011 Project. The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye "; Adame and Kieschnickwere absent. * * * * * * * * * * * * * —11— Minutes — Regular Council Meeting April 12, 2011 — Page 8 Mayor Pro Tem Martinez announced the executive sessions, which were listed on the agenda as follows: 19. Executive session under Texas Government Code Section 551.071 regarding Cause No. 2011 -DCV- 1103 -C, J.D. Maldonado et al vs. City of Corpus Christi, in the 94th District Court, Nueces County, Texas, with possible discussion and action in open session. 20. Executive session under Texas Government Code Section 551.071 (2) Consultation with Attorney regarding a matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct and under Volume 31 U.S.C. clearly conflicts with the requirements of Chapter 551 of the Texas Government Code. 21. Executive Session under Texas Government Code Section 551.071 for consultation with its attorney regarding Texas Commission on Environmental Quality Notice of Enforcement for the Comprehensive Compliance Investigation (Investigation No. 762159) at Greenwood Wastewater Treatment Facility, located at 6541 Greenwood Drive, at the intersection of State Highway 357 (Saratoga Boulevard) and Greenwood Drive, about 1.5 miles south of South Padre Island Drive, in the City of Corpus Christi (Nueces County), Texas; Regulated Entity No.: RN101610400: TCEQ ID No.: WQ0010401 -003; EPA ID No.: TX0047074, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. No action was taken in open session. * * * * * * * * * * * * Mayor Pro Tem Martinez referred to Item 22, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0211 -01, Acapulco Restaurant: The applicant is requesting a change of zoning from the "R-1B" One - family Dwelling District to the "B -1" Neighborhood Business District resulting in a change of future land use from a low- density residential use to a commercial use. The property to be rezoned is Koolside Subdivision, Block 1, Lots 24 & 25, located 500 feet north of McArdle Road along the east side of Dorthy Drive. Assistant City Manager Johnny Perales referred to a powerpoint presentation including an aerial view; the existing land use map; the future land use map; an ownership map; conceptual design; views of the subject property; and department concerns. Mr. Perales stated that the staff recommended denial of the applicant's request for a change in zoning from the "R -1 B" One - family Dwelling District to the "B -1" Neighborhood Business District. Mr. Perales stated that Planning Commission recommended denial of the applicant's request fora change in zoning from the "R-1B" One - family Dwelling District to the "B -1" Neighborhood Business District, and in lieu thereof, approval of the "R-1B/SP" One- family Dwelling District with a Special Permit and seven (7) conditions. Mayor Pro Tem Martinez called for comments from the audience. Phil Rosenstein, 949 Babalo, spoke in favor of the Special Permit. Joe Garcia, 509 Lawrence and representative for the applicant, was available to respond to questions. Jerry Silva, 4801 Arlene, spoke in opposition to the zoning change and expressed concern regarding noise and trash. Minutes -- Regular Council Meeting April 12, 2011 — Page 9 In response to Council Member Marez, Mr. Perales explained that the denial for rezoning in 2006 for this property was a result of the applicant's desire to have access through Dorthy Street and the current application provides for a privatized wall and landscaping. Council Member Marez said he would like to have heard more from the neighborhood. Mr. Perales stated that the applicant provided a petition of 1300 signatures to the Planning Commission in support of the rezoning. Council Members Strong and Adler spoke is support of the zoning change. No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the public hearing, seconded by Mr. Elizondo, and passed. Mr. Chapa polled the Council for their votes as follows: 22. ORDINANCE NO. 029026 Amending the Zoning Ordinance, upon application by Acapulco Restaurant, by changing the Zoning Map in reference to Koolside Subdivision, Block 1, Lots 24 & 25, located 500 feet north of McArdle Road along the east side of Dorthy Drive, from the "R -1 B" One - family Dwelling District to the "R-1B/SP" One - family Dwelling District with a Special Permit and seven (7) conditions, not resulting in a change of future land use; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye "; Adame and Kieschnick were absent. Mayor Pro Tem Martinez referred to Item 23 regarding the FY2011 -12 Consolidated Annual Action Plan (CAAP). Director of Neighborhood Services Eddie Ortega provided a brief presentation including the public hearing process; funding for Community Development Block Grant (CDBG) in the amount of $3,240,000, with an additional $700,000 from revolving rehabilitation loan program and $166,424 from reprogrammed funds; HOME Investment Partnership (HOME) funding in the amount of $1,485,000 with an additional $770,000 from reprogrammed funds; Emergency Shelter Grants (ESG) funding in the amount of $150,000; and staff recommendation as noted in Attachment "D ". Mr. Ortega stated that the City has not received the official figures from the U.S. Department of Housing and Urban Development (HUD) regarding the allocation and has projected a 10% reduction in funds from last year's CAAP for planning purposes. Interim City Manager Rose reiterated to the public that the plan is operating under a 10% reduction; however, staff might have to come back to deal with the possible drastic reduction once the actual amounts are provided by HUD. A motion was made, seconded and passed to open the pubic hearing on the Consolidated Annual Action Plan: 23.a. Public hearing regarding the City of Corpus Christi's proposed FY 2011 -2012 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants (ESG) Programs. Mayor Pro Tem Martinez called for comments from the audience on CDBG projects 1 - 46. Ann Baker, CPO of the Boys and Girls Club of Corpus Christi, stated that the Boys and Girls Club appreciates any funding consideration. Phyllis Finley, Cliff Maus Village Trust, asked for consideration for any funding for CDBG -Cliff Maus Village Trust to replace the cast iron interior plumbing. Rosa Pizzi, Corpus Christi Metro Ministries, appreciated consideration in supporting staffs recommendation for CDBG - Corpus Christi Metro Ministries. Diane Lowrance, Executive Director for Mental Health Mental Retardation (MHMR) of Nueces County, thanked the Council for their support over the years and recognized board members in the audience. Ms. Lowrance reported —13— Minutes -- Regular Council Meeting April 12, 2011 — Page 10 that the funding for CDBG -MHMR of Nueces County would help with some efficiency at the building. Linda McKamie, Executive Director for Mother Teresa Shelter, Inc., thanked the Council for their continued support and provided background information on the CDBG - Mother Teresa Shelter, Inc. project. Ms. McKamie requested consideration for additional funding for the project. Sylvia Ford, Board Director for Mother Teresa Inc., stated that the City approached Mother Teresa regarding the CDBG - Mother Teresa Shelter project to provide transition housing of homeless individuals. Ms. Ford reported that this project has a capital contribution of $656,279 and is project ready and request consideration for additional funding. Moses Leyba, President of Universal Little League, stated that the request for CDBG - Universal Little League also includes roof repairs and asked that the request include the roof repairs for consideration. Jaime Garza, Vice President of Universal Little League, stated that Universal Little League is working to make improvements to help every child in the community. Melinda Faugh, Executive Director of Wesley Community Center, stated that Wesley Community Center truly appreciates everything the City has done for the center. Ms. Faugh explained that the CDBG - Wesley Community Center request is for improvements to the classroom, pantry, and cafeteria air condition system. The following topics pertaining to this item were discussed: how the CAAP funding levels were determined; the reason Collier Pool and Parker Pool were considered ineligible projects; the administration cap and allocation percentage; CDBG Accessible Routes in the Manshiem /Sunnybrook Residential Area project street blocks; whether the total $200,000 current funding will be expended for CDBG - Program Administration; consideration for CDBG -Ethel Eyerly Senior Center improvements; the CDBG Amistad Community Health Center program and whethera portion of the funding could assist the program; the number of patients assisted at Amistad Community Health Center; whether Charlie's Place has been provided funding every year; an explanation of the project for CDBG - Gonzalez Foundation Inc. and whether there is any activity currently at the location; if the CDBG - CDBG - Nueces County Community Action (NCCAA)/Weatherization /Minor Home Repair program is specifically targeted to NCCAA projects; and whether the $50,000 staff recommendation for CDBG- Universal Little League included consideration for roof repairs, ADA improvements and the bleachers. Jaime Nodarse, Director of Resource Development for Amistad Community Health Center, responded to questions about the health center and stated that the CDBG - Amistad Community Health Center project is•to renovate six (6) additional patient exam rooms to accommodate additional patients and expand. Ms. Nodarse stated that any funding would be extremely helpful. Tony Reyes, Board Member for Amistad Community Health Center, said that Amistad Community Health Center works with local hospitals to service the needs of the community. Ann Fierova, Del Mar College, responded to questions regarding CDBG -Del Mar College /Business Resource Center program and provided information regarding the number of households assisted and the number of jobs created. Bob Beanland, Business Manager for Del Mar College Business Resource Center, stated that the CDBG funding is leveraged with other grant programs. Council Members Adler, Leal, and Martinez requested that staff consider any funding to remodel CDBG -Ethel Eyerly Senior Center. Council Member Scott asked staff to look for options to fund CDBG - Amistad Community Health Center. Mayor Pro Tem Martinez opened discussion on ESG projects 1 —10. No one appeared in opposition to the staff's recommendations for the CDBG programs. Minutes — Regular Council Meeting April 12, 2011 — Page 11 Mayor Pro Tem Martinez opened discussion on HOME projects 1 -10 and called for public comment from the audience. Michael Wynn, President of Atlantic Housing, asked for reconsideration to fund HOME - Dolphin's Landing in the loan amount of $981,000 to rehabilitation a 21.8 -unit apartment complex serving low income families. The following topics pertaining to this item were discussed: the process in determining support for HOME -The Palms at Leopard and not recommend any funding for HOME - Dolphin's Landing; the resolution approved by the City Council to support The Palms at Leopard project as a first priority application; whether other parameters were considered other than the resolution; The Palms at Leopard project request for support from the City; local support for state tax credits; whether there is a project in Flour Bluff applying for state tax credits; if The Palms at Leopard project funding is a loan; support for the resolution not being contingent upon funds from the HOME program; the number of times a project has requested a resolution for local support prior to the CAAP; The Palms at Leopard being the only project requesting a letter of support from the entire Council; and other local letters of support for the HOME projects. Mr. Ortega explained that the Council resolution of support for The Palms at Leopard project was not a determining factor for the funding, it was a contributing factor. Mr. Ortega added that the other contributing factor was the presentation made for The Palms at Leopard project to create a new project and demolish the existing Northside Manor. Council Member Leal asked staff to reanalyze the funding for HOME - Dolphin's Landing project. Mayor Pro Tem Martinez also requested that staff review the HOME program allocations. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Adler, and passed. Council Member Leal announced that she would abstain on the vote as it relates to the Nueces County Community Action Agency projects. Mayor Pro Tem Martinez announced that she would abstain on the vote as it relates to the Mother Teresa Shelter, Inc. project. Ms. Leal made a motion directing staff to eliminate the allocation from HOME -The Palms at Leopard in the amount of $865,000 and reallocate to HOME - Dolphin's Landing in the amount of $865,000. The motion failed for lack of second. Ms. Adler made a motion to accept the CDBG, ESG, and HOME allocation as recommended by staff with consideration to comments made by the Council. The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye "; Adame and Kieschnickwere absent. (Note: Leal abstained on the vote on the portion of the motion relating to the Nueces County Community Action Agency. Martinez abstained on the vote on the portion of the motion relating to the Mother Teresa Shelter, Inc.) * * * * * * * * * * * * * Mayor Pro Tem Martinez called for petitions from the audience. Bryan Menard, 3213 Cedar Hollow, spoke regarding accessibility concerns on the format that the Council Agenda is posted on the City's website and the pipe ban. Philip Ramirez., 322 Monica, thanked the Council for their continued support of the Pride program and the great work of the committee. Pride Committee members Stacy Richards and Michelle Peters were also in attendance to show support forthe Pride program. —15— Minutes — Regular Council Meeting April 12, 2011 — Page 12 * * * * * * * * * * * * * Mayor Pro Tem Martinez opened discussion on Item 24 regarding Up River Road from Rand Morgan Road to IH 37 (inside the City limits only). Director of Engineering Pete Anaya referred to a powerpoint presentation including a background; project location; project scope; schedule; and budget. In response to Council Member Elizondo, Mr. Anaya stated that coordination will be made to accommodate the emergency vehicles. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24. MOTION NO. 2011 -091 Motion authorizing the City Manager or designee to execute a construction contract with Haas Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $3,817,209 for Up River Road Improvements from IH 37 exit near Rand Morgan Road to IH 37 exit near Crosstown Expressway (inside City limits only) for the Base Bid and Additive Alternate Nos. 1, 2, and 3. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Scott, and Strong, voting "Aye "; Adame, Kieschnick, and Marez were absent. Mayor Pro Tem Martinez opened discussion on Item 25 regarding the Wastewater Capital Improvement Projects (CIP). Assistant City Manager Oscar Martinez explained that this item is an appropriation of $10,000 from the Unreserved Wastewater Fund balance to be used for Wastewater Capital Improvement projects thus reducing the Wastewater FY2011 capital borrowings which will put less pressure on rate increases for FY2012. In response to Council Member Leal, Mr. Martinez reported that the Unreserved Fund Balance is $19 million. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25. ORDINANCE NO. 029027 Ordinance appropriating $10,000,000 in the Unreserved Wastewater Fund Balance to be used for Wastewater Capital Improvement Projects, thus reducing FY 2011 Wastewater Capital borrowings; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase expenditures in Fund No. 4200 by $10,000,000 and transferring to Wastewater Capital Reserves Fund No. 4510. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Martinez, Adler, Elizondo, Leal, Marez, Scott, and Strong, voting "Aye "; Adame and Kieschnick were absent. * * * * * * * * * * * * * There being no further business to come before the Council, Mayor Pro Tem Martinez adjourned the Council meeting at 4:28 p.m. on April 12, 2011. * * * * * * * * * * * * * AGENDA MEMORANDUM City Council Action Date: April 19. 2011 AGENDA ITEM: ITEM A: RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $80,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE DIABETES PREVENTION AND MANAGEMENT SERVICES AND TO EXECUTE ALL RELATED DOCUMENTS; AND TO RATIFY ACCEPTANCE OF THE GRANT TO BEGIN AS OF MARCH 30, 2011. ITEM B: ORDINANCE APPROPRIATING A GRANT OF $80,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE DIABETES PREVENTION AND MANAGEMENT SERVICES; AND DECLARING AN EMERGENCY. ISSUE: The City, for the benefit of the Health District, is in receipt of Contract #2011- 037869, with the Department of State Health Services (DSHS). The Health District in collaboration with the Coastal Bend Health Education Center (CBHEC) has developed an educational diabetes program for diabetics as well as individuals and family members at risk for diabetes. This project addresses two unmet needs in this area: 1.) lack of "prevention" education programs and 2.) Increased capacity of existing programs for persons /families with diabetes. These grant funds will be used for personnel costs, fringe benefits, travel, supplies, and contractual costs. The grant period is from March 30, 2011 to March 29, 2012. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding FY10 -11. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance as presented. Annette Rodrig 4 ez, M. r . Director of Public Health annetterCa�cctexas.com 361 -826 -7205 -19- BACKGROUND INFORMATION This is a renewal grant that has been provided to the City, for the benefit of the Health District from DSHS. The purpose of the funding is to assist in addressing the devastating effects of diabetes mellitus in our area. This contract period .will. •increase diabetes education programs for individuals at risk for developing diabetes. The grant provides for one full time program coordinator and a part -time program assistant. Activities supported by this funding include personnel costs, fringe benefits, travel, supplies, and contractual costs for items such as incentives, i.e., pedometers needed to increase client participation. No matching funds are required. A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $80,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE DIABETES PREVENTION AND MANAGEMENT SERVICES AND TO EXECUTE ALL RELATED DOCUMENTS; AND TO RATIFY ACCEPTANCE OF THE GRANT TO BEGIN AS OF MARCH 30, 2011. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or her designee, is authorized to accept a grant of $80,000 from the Texas Department of State Health Services to provide diabetes prevention and management services and to execute all related documents. Additionally, the City Council ratifies acceptance of the grant to begin as of March 30, 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 7, 2011 Elij' -th R. Hundle Assistant City Attorney for the City Attorney EHres285 Diabetes Grant 20110407 —21— Joe Adame Mayor Page 1 of 2 Corpus Christi, Texas day of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong EHres285 Diabetes Grant 20110407 Page 2 of 2 —22— AN ORDINANCE APPROPRIATING A GRANT OF $80,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE DIABETES PREVENTION AND MANAGEMENT SERVICES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant in the amount of $80,000 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide diabetes prevention and management services. 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 , 2011. ATTEST: Armando Chapa City Secretary APPROVED: April 7, 2011 Eliz;. -th R. Hundley Assistant City Attorney for the City Attorney EHord330 Diabetes Grant 20110407 -23- CITY OF CORPUS CHRISTI Joe Adame Mayor Page 1 of 2 Corpus Christi, Texas day of , 2011 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Efford330 Diabetes Grant 20110407 —24— Page 2 of 2 AGENDA MEMORANDUM City Council Action Date: April 19, 2011 SUBJECT: Veterans Cemetery Effluent Lift Station and Force Main Project No. 7429 / CIP No. WW 33 AGENDA ITEM: Motion authorizing the City Manager or designee to execute a construction contract with Jhabores Construction Company of Corpus Christi, Texas, in the amount of $748,276 for construction of the Veterans Cemetery Effluent Lift Station and Force Main Effluent Line for the Base Bid. (CIP 2010 -2011) ISSUE: This project supports the City's commitment of providing the public infrastructure necessary for effluent delivery to the new Veteran's Cemetery site at IH -37 and Carbon Plant Road. The project includes installation of PVC force main and associated appurtenances from the Allison Wastewater Treatment Plant (WWTP) to the northwest corner of the cemetery site on Carbon Plant Road. It also includes the installation of a new effluent pump, controls, and flow meter at the Allison WWTP, as well as a gravity wastewater line and associated structures from the intersection of McKinzie Road and Carbon Plant Road to the cemetery site. Once installed, the force main will provide an average of 50,000 gallons per day of Type 11 reclaimed water for irrigation of the cemetery. FUNDING: Funding is available from the Wastewater Capital Improvement Budget FY 2011. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services 361/826-1801 foste rc[a� cctexas . corn Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Support Material: Agenda Background Information Prior Project Actions Bid Tabulation Project Budget Consultant's Letter of Recommendation Location Map H: IHOMEIRachellelGENlWastewaler17429- Veteran's CemelerylConstruntionlAganda Memo.docx —27— Pete Anaya, P. E. Director of Engineering Services 361/826-3781 peteanc cctexas.com AGENDA BACKGROUND INFORMATION SUBJECT: Veterans Cemetery Effluent Lift Station and Force Main Project No. 74291 CIP No. WW 33 PROJECT DESCRIPTION: This project supports the development of a new Veteran's Cemetery site at IH -37 and Carbon Plant Road. Improvements will consist of installing approximately 5,550 linear feet of 18 -inch PVC pressure pipe; 1,025 linear feet of 8 -inch C- 900 PVC pressure pipe; 225 linear feet of 30 -inch steel casing; associated concrete and asphalt paving repairs; installation of required force main appurtenances; and two new 60- horse power submersible pumps in the existing Allison Wastewater Treatment Plant Effluent Lift Station. BID INFORMATION: On March 16, 2011, the City received proposals from twelve bidders (see Exhibit "C" Bid Tabulation). The bids ranged from $748,276 to $1,032,876.75 for the base bid only. The engineer's estimated construction cost was $801,117. BID RECOMMENDATION: The consultant, B. Harman Engineering, LLC performed an analysis of the bids and found minor arithmetical errors in the bid proposals from four contractors, which did not affect the low bid (see Exhibit "E" Consultant's Letter of Recommendation). The consultant also reviewed the required 'information submitted by the low bidder, Jhabores Construction Company, and verified the experience references provided by the contractor. The consultant's analysis concluded that Jhabores Construction Company has the ability to perform the work required to complete the project in a satisfactory manner. Therefore, City staff and the consultant, recommend that the contract be awarded to Jhabores Construction Company of Corpus Christi, Texas, in the amount of $748,276 for the Base Bid. CONTRACT TERMS: The project is estimated to require 120 calendar days for construction of the Base Bid with completion anticipated in August 2011. FUTURE COUNCIL ACTION: Approval of a Reclaimed Water Use Agreement between the Veterans' Land Board of the State of Texas and the City of Corpus Christi as required by the Texas Commission on Environmental Quality (TCEQ). PROJECT BACKGROUND: On Tuesday, March 12, 2011, the City of Corpus Christi approved the 2010 -2011 Capital Improvement Program for funding City major capital improvements. This project supports the City's commitment made in a Memorandum of Agreement with the Veterans' Land Board of the State of Texas and Nueces County as prescribed by VLB Contract No. 09 -052- 000 -3409. Construction will provide the public infrastructure necessary for effluent delivery to the new Veteran's Cemetery site. H: hHOME \VeImaP1GENIWASTEWATERL7429 VETERAN CEMETERY UTIR IMPSICItRUCTION'Agenda Background (RP).doex EXHIBIT "A" Pake 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Veterans Cemetery Effluent Lift Station and Force Main Project No. 74291 CIP No. WW 33 PRIOR COUNCIL ACTION: 1. September 16, 2008 — Motion authorizing the City Manager to execute a Memorandum of Agreement between the Veterans' Land Board of the State of Texas and Nueces County and the City of Corpus Christi for the establishment of a State Veterans' Cemetery. (Motion No. M2008 -250) 2. March 8, 2011 - Ordinance approving the FY 2011 Capital Budget and Capita! Improvement Planning Guide in the amount of $173,982,100. (Ordinance No. 028995) PRIOR ADMINISTRATIVE ACTION: 1. November 2, 2010 — Administrative approval of a Small NE Agreement for Architect/Engineer Consultant Services with B. Harman Engineering, LLC in the amount of $49,954 for the design and preparation and bidding of contract construction documents for the Veteran's Cemetery Effluent Lift Station and Force Main. 2. March 11, 2011 — Administrative approval of a Small A/E Agreement for Architect/Engineer Consultant Services with LNV Engineering in the amount of $8,000 for the Veteran's Cemetery Effluent Lift Station and Force Main for hydro - excavation services in approximately 8 locations in the vicinity of McKinzie Road and Carbon Plant Road. H: 4HCME1RachellelGENlWastewater47429- Veteran's Cemelen/ Construction1Prior P all }Cctions.dacx EXHIBIT "B" Page 1 of 1 TABULATED BY: Pete Anaya, P.E., Director of Engineering Services BID DATE: Wednesda March 16 2011 ITEM NO. Al A2 A3 A4 A5 AB A7 A8 A9 A10 All DESCRIPTION MOBILIZATION SWPPP RELATED TO F.M. BASE BID IMPROVEMENTS 12" 0-900 DR 16 PVC FORCE MAIN (ALL DEPTHS) 12" DI 24" LONG FL X MJ PIPE WALL PIECE 18" C-905 DR 25 PVC FORCE MAIN (ALL DEPTHS) 8" C-900 DR 25 PVC FORCE MAIN (ALL DEPTHS) AIR RELEASE VALVE AT MAINFOLD AIR RELEASE VALVE AND FIBERGLASS MANHOLE TRENCH SAFETY RELATED TO B" &18" F.M. TRENCH SAFETY RELATED TO 30" CASING & 18" F.M. TRENCH SAFETY FOR BORE PITS & M.H. STRUCTURES Al2 A13 Al 4 Al 5 Al 6 TRAFFIC CONTROL 8" X 4" REDUCER DI (MJ FITTING) 8" MJ PLUG VALVE WITH VALVE BOX 12" 90' BEND DI (MJ FITTING) 1B" X 12" DI REDUCER (MJ FITTING) A17 A18 Al 9 A20 .A21 A22 A23 A24 A25 A26 A27 A26 A29 A30 A31 A32 A33 A34 A35 A36 A37 18" 45' BEND DI (MJ FITTING) 18" 90" BEND DI (MJ FITTING) 18" TEE DI (MJ FITTING) 18" PLUG VALVE WITH VALVE BOX DI (MJ FITTING) 18" END PLUG DI (MJ FITTING) 16" X 6" REDUCER DI (MJ FITTING) 8" 45' BEND DI (MJ FITTING) 8" REINFORCED CONCRETE PAVEMENT REPAIR ASPHALT PAVEMENT REPAIR 24" STEEL CASING OPEN CUT 30" STEEL CASING OPEN CUT 30" STEEL CASING (BORED) REMOVE EXISTING TREES 35' LONG TRENCH DEWATERING AT STA 51+45 EAST RELOCATE EXIST. PUMPS AT EFFLUENT PUMP STATION 60 HP SUBMERSIBLE PUMP WITH ACCESSORIES MANIFOLD PIPING FOR TWO PUMPS ELECTRICAL SITE WORT( TRANSIT TIME FLOWMETER WITH FIBERGLASS MANHOLE INSTALL 3STRAND BARB WIRE FENCE 30' LONG REMOVE & REPLACE BARB WIRE FENCE 30 LE A3B ALLOWANCE FOR PUMPS CONTROL PROGRAMMING TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRIST]. TEXAS Jhabores Construction Co. P.O. Box 60059 Carpus Christi, TX 78466 UNIT PRICE AMOUNT Paiaclos Marine 6. Industrial P.O. Box 875 Palacio.% TX97465 UNIT PRICE AMOUNT $11,600.00 $11,600.00 820,000.00 $20,000.0 $26,500.00 526,500.00 858.00 51,276.00 $2,500.00 $2,500.0 $36.98 $813.5 $2,250.00 $2,250.00 $1,702.52 $1,702.5 $48.00 $266,400.00 $43.07 5239,038.5 $23.00 523,575.00 $23.57 $24,159.2 $850.00 $850.00 $1,505.92 51,505.9 $4,605.00 813,815.00 $6,621.91 $19,865.7 $3.00 $19,584.00 $1.25 $8,160. $54.00 $2,538.00 $15.50 $728.5 51,350.00 $9,450.00 $1,006.25 $7,043.7 $4,560.00 $4,560.00 $3,572.25 $3,572.2 $340.00 $340.00 $708.30 $708.3 $1,670.00 $1,670.00 $2,201.20 $2,291.2 $506.00 $506.00 $661.90 $661.9 $1,019.00 $1,019.00 $857.59 $857.5 $1,152.00 $12,672.00 $1,501.25 $16,513.7 $1,304.00 $3,912.00 $1,646.90 $4,940.7 $2,386.00 $5,482.00 $617.00 $2,386.00 $5,482.00 $617.00 $2,251.48 $7.211.76 $832.60 82,251.4 57,211.7 $832.6 LS 1 A39 ALLOWANCE FOR HYDRO EXCAV & UNANTICIPATED ADJ. LS 1 $593.00 $365.00 $55.00 $65.00 $134.00 $185.00 $398.00 $800.00 $1,780.00 59,227.00 $46,629.00 $4,234.00 $73,700.00 820,360.00 5900.00 $900.00 $3,000.00 8593.00 $385.00 83,850.00 $18,650.00 52,412.00 $6,475.00 589,550.00 $800.00 $1,780.00 $9,227.00 $97,258.00 $4.234.00 $73,700.00 $20,360.00 $900.00 $900.00 63,000.00 8835.53 $1,034.88 $81.90 $125.47 $207.76 5233.07 $310.66 $150.00 $9,000.00 $51,487.60 $42,990.45 $24,639.40 $.72,711.05 $11,223.82 5835.5 $1,934.8 $5,733.0 $36,386.3 $3,739.6 $8,157.4 $69,898.5' $150.0' $9,000.0' 551,487.60 $85,980.90 $24,639.40 $72,711.05 $11,223.82 $5,000.00 55,000.00 $10.00avlh.,;a6[�, $3,000.00 53,000.00 TOTAL BASE BID $3,000.00 $3,000.00 $748,276.00 $3,000.00 $3,000.00 ��RFSM�.P ENGINEER'S ESTIMATE: PAGE 1 OF 3 $841,117.00 Bridges Specialties, Inc. 117 Stovall Sandia, TX 78383 rr.c r vn; 720 Gal. Days Tropical Contracting, LLC 6363 DeXavala, Ste, 107 San Antonio, TX 76249 UNIT PRICE AMOUNT UNIT PRICE AMOUNT ) 85,000.00 $5,000.00 838,424.77 $18,260.00 818,260.00 524,264.14 $38,424.77 $24,264.14 i $82.69 $1,819.18 $29.80 $655.60 $1,562.40 $1,562.40 51,234.47 $56.58 $325,119.00 $37.21 $1,234.47 8206,515.50 i $41.03 $42,055.75 $29.40 $30,135.00 ? 51,191.30 $1,191.30 $2,914.20 $2,914.20 I 87,371.70$22,115.10 , 84,664.02 813,992.06 1 81.00 $6,528.00 $2.33 $15,210.24 1 822.00 $1.034.00 $18.66 $877.02 i $1,000.00 $7,000.00 $1,166.55 $8,165.85 i $3,500.00 $3,500.00 55,249.45 $5,249.45 i 8807.60 $807.60 $233.02 $233.02 1 52,177.45 $2,177.45 $349.67 $349.67 I $1,081.80 $1,061.60 $827.21 $827.21 1 $1,488.60 51,488.60 51,375.49 $1,375.49 $1,608.00 517,688.00 8967.20 $10,63920 1 $1,765.20 $5,295.60 $1,083.65 $3,251.55 $2,749.20 $2,749.20 $2,892.00 $2,892.00 $6,205.55 $6,205.55 84,641.81 $4,641.81 1 $999.60 $999.60 $792.21 $792.21 $1,023.00 $1,023.00 $1,258.83 $1,258.83 $856.86 $856.66 $512.76 $512.78 $116.31 $8,141.70 $96.50 86,755.00 533.59 $9,741.10 $37.07 510,750.30 $96.81 $1,742.58 $107.86 $1,941.48 5167.94 $5,877.90 $132.94 $4,652.90 $395.32 $88,947.00 8650.73 $146,414.25 $500.00 $500.00 8116.44 $116.44 $4,500.00 54,500.00 534,996.35 $34,996.35 $8,500.00 86,500.00 $46,661.80 $46,661.80 $50,450.11 $100,900.22 *49.572.77 599,145.54 $8,502.30 $8,502.30 517,498.18 517,498.18 $3,894.00 _ 53,894.00 852,494.53 552,494.53 $70,016.00 570,016.00 $4,921.27 $4,92127 81,500.00 $1,500.00 $1,014.89 $1,014.89 $1,500.00 $1,500.00 $1,067.29 $1,067.29 83,000.00 $3,000.00 $3,000.00 53,000.00 53,000,00 $3,000.00 83,000.00 $3,000.00 8795,620.79 $608,642.27 TABULATED BY: Pete Anaya, P.E., Director of Engineering Services BID DATE: Wednesday. March 16, 2011 TABULATION OF BIOS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS VETERANS CEMETERY EFFLUENT LIFT STATION AND FORCE MAIN PROJECT NO. 7429 ITEM NO. Al A2 A3 DESCRIPTION MOBILIZATION SWPPP RELATED TO F.M. BASE B10 IMPROVEMENTS 12" C-900 OR 18 PVC FORCE MAIN (ALL DEPTHS) UNIT LS J.S. Haran Company P,O. Sox 458 Athens, TN 37371 OTY UNIT PRICE $30,000.00 AMOUNT 430,000.00 UNIT Holloman Corporation 13730 IH 10 East Converse, TX 78199 PRICE AMOUNT $54,000.00 LS LF 22 $5,800.00 $45.00 $5,800.00 $990.00 523,400.00 540.00 $54,000.0 $23,400.0 $880.0 A4 A5 A6 A7 A8 A9 12' 0124" LONG FL X MJ PIPE WALL PIECE 18" C-905 DR 25 PVC FORCE MAIN (ALL DEPTHS) 8" C-900 DR 25 PVC FORCE MAIN (ALL DEPTHS) AIR RELEASE VALVE AT MAINFOLD AIR RELEASE VALVE AND FIBERGLASS MANHOLE EA LF LF EA EA 5550 1025 3 $600.00 $46.70 $27.20 $750.00 $9,550.00 $800.00 4259,185.00 $27,880.00 5750.00 81,700.00 $58.00 436.00 $1,700.00 $8,300.00 TRENCH SAFETY RELATED TO 8" & 18" F.M. LF 6528 $0.50 $3,264.00 $t00 A10 All Al2 A13 414 A15 TRENCH SAFETY RELATED TO 30" CASING & 18" F.M. TRENCH SAFETY FOR BORE PITS & M.H. STRUCTURES TRAFFIC CONTROL 8" X 4" REDUCER DI (MJ FITTING) 8" MJ PLUG VALVE WITH VALVE BOX 12" 90° BEND DI (MJ FITTING) LF EA LS EA EA EA 47 7 51.00 $400.00 $5.000.00 $400.00 $1,700.00 4600.00 $47.00 $2,800.00 55,000.00 $400.00 $1,700.00 $600.00 $11.00 51,100.00 $3,300.00 $598.00 82,600.00 $969.00 $1,700.0 8321,900.0 $36,900.0 $1,700.0 $24,900.0 $6,528.0' $517.0' $7,700.0, 416 417 418 419 A20 A21 A22 A23 A24 A25 A26 A27 A28 A29 18" X 12" 01 REDUCER (MJ FITTING) 18" 45° BEND DI (MJ FITTING) 18" 90" BEND DI (MJ FITTING) 18" TEE DI (MJ FITTING) 18" PLUG VALVE WffH VALVE BOX 01(MJ FETING) 18• END PLUG DI (MJ FITTING) 18" X 8" REDUCER Di (MJ FITTING) 8" 45" BEND D1 (MJ FISTING) 8" REINFORCED CONCRETE PAVEMENT REPAIR ASPHALT PAVEMENT REPAIR 24" STEEL CASING OPEN CUT 30" STEEL CASING OPEN CUT 30" STEEL CASING (BORED) REMOVE EXISTING TREES EA EA EA EA EA EA EA EA SY SY LF LF LF EA 11 3 70 290 16 35 225 $800.00 $1,300.00 41,500.00 52,000.00 $7,700.00 5600.00 5700.00 $300.00 $100.00 $100.00 $175.00 $260.00 4375.00 $200.00 5800.00 514,300.00 $4,500.00 42,000.00 $7,700.00 4600.00 4700.00 5300.00 57,000.00 $29,000.00 $3,150.00 $9,100.00 $84,375.00 $200.00 $1,500.00 $1,800.00 52,500.00 42,600.00 512,300.00 A30 35' LONG TRENCH DEWATERING AT STA 51+45 EAST LS $2,000.00 $2,000.00 A31 A32 A33 RELOCATE EXIST. PUMPS AT EFFLUENT PUMP STATION 60 HP SUBMERSIBLE PUMP WITH ACCESSORIES MANIFOLD PIPING FOR TWO PUMPS LS EA LS 2 $17,000.00 $90,000.00 $20,000.00 $17,000.00 $20,000.00 A34 A35 A36 A37 A38 A39 ELECTRICAL SITE WORK TRANSIT TIME FLOWMETER WITH FIBERGLASS MANHOLE LS 578,000.00 $78,000.00 $1,100.00 $1,500.00 $612.00 $75.00 456.00 $103.00 5137.00 $417.00 $7,900.00 $3,900.00 $8,400,00 $49,700.00 _ $20,900.00 570,500.00 INSTALL 3 -STRAND BARB WIRE FENCE 30' LONG REMOVE & REPLACE BARB WIRE FENCE 30 LF ALLOWANCE FOR PUMPS CONTROL PROGRAMMING ALLOWANCE FOR HYDRO EXCAV & UNANTICIPATED ADJ. TOTAL BASE BID EA LS LS LS LS $22,000.00 $400.00 $500.00 $3,000.00 $3,000.00 $22,000.00 $400.00 $500.00 $3,000.00 43,000.00 Oftrafg 519,600.00 $1,100.00 51,100.00 $3,000.00 53,000.00 $3,300.0 5598.0 $2,600.0 5969. $1,500.0 $19,800.0 57,500.0 $2,600.0 $12,300. 51,100.0 $1,500.0 $612.0 $5,250.0 $18,240.00 $1,854.00 $4,795.00 $93.825.00 $7,900.00 $3,900.00 $8,400.00 $99,400.00 $20,900.00 $70,500,00 419,600.00' 51,100.00 $1,100.00 53,000.00 $3,000.00 $895,268.00 ENGINEER'S ESTIMATE: TIME OF COMPLETI PAGE 2 OF 3 5801,117.00 Reytee Construction Resources 1901 Hollister Houston, TX 77000 0 00 0 0 0 0 0 0 0, S.J. Louis Cafstructlon 9062 Lorene, 0200 San Antonio, TX 78216 UNIT PRICE AMOUNT UNIT PRICE AMOUNT 7 $45,000.00 $45,000.00 540,000.00 440,000,00 7 $12,000.00 $12,000.00 $10,000.00 410,000.00 5100.00 $2,200.00 $27.00 8594.00 ) $2,500.00 $2,500.00 $1,000.00 41,000.00 ) $62.00 $344,100.00 467.00 $371,850.00 ), $42.00 $43,050.00 $21.00 $21,525.00 ) $1,000.00 $1,000.00 $600.00 $600.00 1 $7,500.00 422,500.00 510,600.00 $31,800.00 I $0.10 $652.80 $0.01 $6528 1 $1.00 547.00 $0.01 $0.47 1 $100,00 5700,00 4200.00 $1,400.00 ) $10,000.00 410,000.00 $3,000.00 $3,000.00 $350.00 $350.00 5300.00 $300.00 $1,800.00 $1,800.00 $2,400.00 52,400.00 $425.00 8425.00 41,000.00 51,000.00 567000 $670.00 41,000.00 41,000.00 51,000.00 $11,000.00 $1,600,00 417,600,00 $1,500.00 $4,500.00 41,900.00 $5,700.00 41,600.00 41,600.00 $2,400.00 $2,400.00 $7,100.00 $7.100.00 511,000.00 $11,000.00 $490.00 4490.00 $1,200.00 $1,200.00 $470.00 4470.00 $1,000.00 51,000.00 $600.00 $600.00 $750.00 $750.00 $120.00 $8,400.00 $98.00 56,860.00 564.00 418,560.00 $70.00 520,300.00 $170.00 43,060.00 $80.00 81,440.00 $600.00 521,000.00 $15000 $5,250.00 $500.00 $112.50000 4450.00 $101,250.00 $500.00 45500.00 $500.00 $500.00 $1.00 $1.00 $5,000.00 $5,000.00 416,000.00 $16,000.00 431,000.00 $31,000.00 545,000.00 $90,000.00 *57,000.00 5114,000.00 438,000.00 538,000.00 56,000.00 56,000.00 $67,000.00 $67,000.00 475000 475,000.00 419,060.00 $19.000.00 00 420,000.00 420,000.00 4300.00 4300.00 5200.00 $200.00 $400.00 4400.00 $2005 4200.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 53,000.00 43,000.00 $3,000.00 4913,475.80 4919,184.75 TABULATED BY: Pete Maya, P.E., Director of Engineering Services BID DATE: Wednesday, March 16, 2011 TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS ENGINEER'S ESTIMATE: PAGE 3 OF 3 $801,117.00 ITEM NO. ve ! LRAM CEME=TERY EFFLUENT LIFT STATION AND FORCE MAIN PROJECT NO. 7429 GInS ed, Inc. P 780 W. Xsnnedale Pkwy. Kenneda a, TX 76060 Huff & Mitchell, Inc. 13626 Kluge Road Cypress, TX 77429 TIME OF J.J. Fox Construction, Inc. P.C. Box 1119 Portland, TX 78374 COMPLETION: 120 CaL Days Austin Engineering Co., Inc. P.O. Box 342349 Austin, TX 78734 DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Al MOBILIZATION LS 1 876,425.00 $76,425.00 $80,000.00 $80,000.00 $50,000.00 850,000.00 $45,000.00 $45,000,00 A2 SWPPP RELATED TO F.M. BASE BID IMPROVEMENTS LS 1 520,000.00 $20,000.00 $5,000.00 $5,000.00 $30,000.00 530,000.00 $30,000.00 $30,000.00 A3 12" C-900 OR 18 PVC FORCE MAIN (ALL DEPTHS) LF 22 $154.00 $3,388.00 585.00 $1,870.00 550.00 $1,100.00 540.00 $880.00 A4 12" DI 24' LONG FL X MJ PIPE WALL PIECE EA 1 $2,387.00 52,387.00 $2,000.00 $2,000.00 $2,500.00 $2,500.00 $100.00 $100.00 A5 18" C-905 DR 25 PVC FORCE MAIN (ALL DEPTHS) LF 5550 $51.00 $283,050.00 $66.00 $366.300.00 560.00 $333,000.00 $71.00 $394,050.00 A6 8" 0-900 DR 25 PVC FORCE MAIN (ALL DEPTHS) LF 1025 $36.00 $36,900.00 $30.00 530,750.00 $28.00 $28,700.00 535.35 836,233.75 A7 AIR RELEASE VALVE AT MAINFOLD EA 1 $1,495.00 81,495.00 $1,200-00 $1,200.00 $1,800.00 $1,800.00 5925.00 $925.00 AB AIR RELEASE VALVE AND FIBERGLASS MANHOLE EA 3 $9,932.00 $29,796.00 $10,000.00 $30,000.00 $9,000.00 $27,000.00 810,388.00 831,164.00 A9 TRENCH SAFETY RELATED TO 8" & 18" F.M. LF 6528 51.00 $6,528.00 $1.00 56528.00 $2,00,,,,,,a.e $94.00 82.00 $13,056.00 A10 TRENCH SAFETY RELATED TO 30" CASING & 18" F.M. LF 47 $14.00 5658.00 $1.00 $47.00 52,00 $20.00 $940.00 A11 TRENCH SAFETY FOR BORE PITS & M.H. STRUCTURES EA 7 $3,745.00 $26,215.00 $250.00 $1,750.00 51,000.00 $7,000.00 52,500.00 $17,500.00 Al2 TRAFFIC CONTROL LS 1 $12,198.00 512,198.00 $8,000.00 58,000.00 $7,500.00 $7,500.00 84,000.00 84,000.00 A13 8" X 4" REDUCER DI (MJ FITTING) EA 1 $722.00 $722.00 $500.00 $500.00 $800.00 $800.00 8550.00 $550.00 A14 8" MJ PLUG VALVE WITH VALVE BOX EA 1 $2,024.00 $2,024.00 $2,000.00 $2,000.00 $2,800.00 $2,800.00 $1,800.00 51,800.00 A15 12" 90° BEND DI (MJ FITTING) EA 1 $1,408.00 $1,408.00 5500.00 $500.00 $1,000.00 $1,000.00 $600.00 8600.00 A16 18" X12" DI REDUCER (MJ FITTING) EA 1 $1,206.00 $1,208.00 $850.00 $850.00 51,200.00 $1,200.00 $850.00 $850.00- .0.17 18" 45° BEND DI (MJ FITTING) EA 11 $2,123.00 $23,353.00 $1,300.00 $14,300.00 51,500:00 $16,500.00 $1,483.00 $16,313.00 A18 18" 90° BEND DI (MJ FITTING} EA 3 $2,786.00 $6,358,00 81,500.00 $4,500.00 $2,100.00 $6,300.00 $1.550.00 84,650.00 A19 1B" TEE DI (MJ FITTING) EA 1 $2,287,00 $2,287.00 $2,000,00 $2,000.00 $2,600.00 $2,600.00 $1.850.00 $1,850.00 A20 18" PLUG VALVE WITH VALVE BOX DI (MJ FITTING) EA 1 $8,039.00 $8,039.00 $9,000.00 $9,000.00 810,000.00 $10,000,00 $7,500,00 $7,500.00 A21 18" END PLUG DI (MJ FITTING) EA 1 51,006.00 $1,006.00 $500.00 $500.00 $700.00 $700.00 $560.00 $560.00 A22 18" X 8" REDUCER 01 (MJ FITTING) EA 1 5713.00 5713.00 $600.00 $000.00 $700.00 8700.90 $580.00 8586.00 A23 8" 45' BEND DI (MJ FITTING) EA 1 87,199.00 81,199.00 $800.00 8800.00 5450.00 84.50.00 $425.00 8425.40 A24 6" REINFORCED CONCRETE PAVEMENT REPAIR SY 70 $154.00 $10,780.00 $150.00 510,500.00 8150,00 $10,500.00 585.00 $5,950.00 A25 ASPHALT PAVEMENT REPAIR SY 290 $81.00 $23,490.00 $75.00 $21,750.00 $60.00 817,400,00 $65,00 524,650.00 A26 24" STEEL CASING OPEN CUT LF 18 8182.00 $3,276.00 $200.00 83,600.00 $200.00 53,600.00 $300.Q0 $5,400.00 A27 30" STEEL CASING OPEN CUT LF 35 5217.00 $7,585.00 8350.06 812,250.00 $250.00 58,750.00 8400.170 814,000.00 A2B 30" STEEL CASING (BORED) LF 225 $416.00 593,600.00 $800.00 5112,500.00 $650.00 $146,250.00 8458.00 $103,050.00 A29 REMOVE EXISTING TREES EA 1 8500.00 5500.017 5750.00 5754.00 5250.00 $250.00 $300.00 8300.170 A30 35' LONG TRENCH DEWATERING AT STA 51+45 EAST LS 1 $3,500.00 53,500.00 $1,000.00 $1,000.00 $5,000.00 $5,000.00 $6,500.00 $6,500.00 A31 RELOCATE EXIST. PUMPS AT EFFLUENT PUMP STATION LS 1 $19,312.00 $19,312.00 $11,000.00 $11,000.00 $10,000,00 510,000.00 $35,000.00 535,000.00 A32 60 HP SUBMERSIBLE PUMP WITH ACCESSORIES EA 2°h,�. 846,333.00 Y 9 �''��j�Re $32,000.00 $64,000.00 542,500,00 $85,000.00 860.000.00 8126,000.00 A33 MANIFOLD PIPING FOR TWO PUMPS LS 1 $23,117.00 $23,117.00 555,000.00 855,000.00 830,000.00 $30,000.00 $20,000.00 $20,000.00 A34 ELECTRICAL SITE WORK LS 1 56638800 $66,388.00 888,000.00 $88,000.00 $95,000.00 895,000.00 58600000 $66,000.00 A35 TRANSIT TIME FLOWMETER WITH FIBERGLASS MANHOLE EA 1 $23,106.00 $23,106.00 $10,060.00 $10,000.00 $15,000.00 $15.000.00 $13,800,00 $13,500.00 A36 INSTALL 3 -STRAND BARB WIRE FENCE 30' LONG LS 1 $300.00 $300.00 $1,000.(30 $1,000.00 $500.00 $500.00 51,500.00 51.500.00 A37 REMOVE & REPLACE BARS WIRE FENCE 30 LF LS 1 $150.00 5150.00 51,000.00 51,000.00 $500.00 $500.00 $1,500.00 51,500.00 A38 ALLOWANCE FOR PUMPS CONTROL PROGRAMMING LS 1 53,000.00 $3,000.00 $3,000.00 _ $3,000.00 53,000.1)0 $3,000.00 53,000.00 53,000.00 A39 ALLOWANCE FOR HYDRO EXCAV & UNANTICIPATED ADJ. LS 1 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 53,000.00 $3,000.00 $3,000.00 TOTAL BASE BID '� - -61,x, h $967,345,00 $1,032,876.75 PROJECT BUDGET VETERAN'S CEMETERY EFFLUENT LIFT STATION & FORCE MAIN Project No. 7429 April 19, 2011 FUNDS AVAILABLE: Wastewater CIP (2010 -2011) $285,000.00 Previous Years' CIP $73,600.00 TOTAL $358,600.00 FUNDS REQUIRED: Construction (Jhabores Construction Company) $748,276.00 Contingencies $74,827.00 Consultant Fees: Consultant (B. Harman Engineering, LLC $49,954.00 Consultant (LNV Engineering) $8,000.00 Materials Testing (Rock Engineering) - Estimated $11,224.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) $16,836.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) $26,189.00 Misc. (Printing, Advertising, etc.) $3,741.00 TOTAL $1,072,649.00 ESTIMATED PROJECT BUDGET BALANCE - $714,049.00 * * Project deficit will be paid for out of future Wastewater CIP funding. EXHIBIT "D" Page 1 of 1 B. HARMAN ENGINEERING, LLC 4337 Lake Ontario Dr. Carpus Christi, Texas 78413 TBPE No. F -10175 March 28, 2011 Mr. Pete Anaya, P.E. Director of Engineering Engineering Department City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 -9277 RE: VETERANS CEMETERY EFFLUENT LIFT STATION AND FORCE MAIN PROJECT, BID TABULATION, CITY PROJECT #7429 Dear Mr. Anaya: Twelve general contractors have successfully submitted bid proposals for the above mentioned project to the City. The bid opening for the project was held on 03/16/2011. Only the lowest bidder, Jhabores Construction Co. has so far submitted documents pertaining to Subsections A -28, A -29 and A -30 of Section A- Special Provisions of the Bid Document. This information is attached herewith. Palacios Marine & Industrial Co. was contacted but did not provide the documents required to assess their qualifications. The bidders' list with their Total Base Bid is given below: Jhabores Construction Co., Corpus Christi, Texas Palacios marine & Industrial, Palacios, Texas Bridges Specialties, Inc., Sandia, Texas Tropical Contracting, LLC, Corpus Christi, Texas J.S. Haren Co., Athens, Tennessee Holloman, Corp., Converse, Texas Reytec Construction Recourses, Inc., Houston, Texas S. J. Louis Construction, San Antonio, Texas Gen_Spen, Inc., Kennedale, Texas Huff & Mitchell, Inc., Cypress, Texas J. J. Fox Construction, Inc., Portland, Texas Austin Engineering Co. Inc., Austin, Texas Total Base Bid $ 748,276.00 $ 757,347.37 $ 795,820.79 $ 808,842.27 $ 857,491.00 $ 895,268.00 $ 913,475.80 $ 919,184.75 $ 927,135.00 $ 967,345.00 $ 978,550.00 $1,032,876.75 Tabulation of Bids is attached herewith. Of the twelve bid proposals received by the City, proposals submitted by four contractors are considered irregular as they had made arithmetical errors and these errors are indicated in yellow highlight. . E -mail: pateIbhast_a_smail.c9xn Phone # :361 -241 -9158, C :3361- 742 -3665, Fax: 361 - 299 -2291. TBPE # ] 4 EXHIBIT "E" Page 1 of 2 The Engineer recommendation is to award the contract to Jhabores Construction Co. who submitted the lowest total base bid meeting all requirements of the contract documents and specifications. The Engineer's Construction Cost Estimate for the project was $ 801,117.00. Please let me know if you have any questions regarding this matter. Sincerely, B. Harman Engineering, LLC Bhaskar H. Patel, P.E. Project Manager/ Principal Attachments Tabulation of Bids E -mail: patelbhas @gmmail.com Phone # :361- 241 -9158, Cell: 361- 742 -3665, Fax: 361 -299 -2291. TBPE # F -10175 . ... —35— EXHIBIT "E" Page 2 of 2 Fife : \ Mproject \counciiexhibits\exh7429.dwg .MIWCTS Boy PROJECT LOCATION CORPUS CARTS LOCATION MAP NOT TO SCALE ALLISON WWTP PROJECT SITE McKENZ1E LANE MtKENZ1E LANE PROJECT # 7429 VICINITY MAP NOT TO SCALE EXHIBIT "F" VETERANS CEMETERY EFFLUENT LIFT STATION AND FORCE MAIN CIP 2010 -2011 -36- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE 03 -30 -2011 g'41 1710•■•••70. 4 AGENDA MEMORANDUM City Council Action Date: April 19, 2011 SUBJECT: Wastewater Service Line Repair and Clean -Out Installation Program And Sanitary Sewer Manhole Ring and Cover Adjustment FY 2011 Project No. E10155 AGENDA ITEM: A. Ordinance appropriating an amount of $95,750 from the Unreserved Fund Balance in Fund No. 4300 for the Storm Water Manhole Ring and Cover Adjustment project; changing the FY 2010 -2011 Operating Budget adopted by Ordinance 028683 to increase appropriations by $95,750. B. Motion authorizing the City Manager or designee to execute a construction contract with RCM Constructors Inc. of Corpus Christi, Texas, in the amount of $426,600 for the Wastewater Service Line Repair and Clean -Out Installation and Manhole Ring and Cover Adjustment Program FY2011. ISSUE: This project was developed to supplement the ongoing operations and maintenance program of the City Wastewater Department that replace aging collection system infrastructure. The project provides an indefinite number of delivery orders for replacement of sanitary sewer service lines, clean out assemblies, incidental main line repair, and manhole ring and cover assemblies throughout the City. Due to the similar work requirements, the project also provides for replacement of Storm Water Department manhole ring and cover assemblies. The areas of repairs will be l ocalized and are not intended for collection system rehabilitation or reconstruction. FUNDING: Funding is available from the Storm Water and Wastewater Operating Budgets FY 2011. RECOMMENDATI • : Staff recommends approval of the items as presented. Vale - H. Gray, Direc ��r of Storm Water & Stree Operations 361/826-1875 or 361/826-1872 valerieg(cctexas.com Foster Crowell Director of Wastewater Services 361/826-1801 fosterc(a�cctexas. com Pete Anaya, P.E. Director of Engineering Services 361/826-3781 peteanicctexas.com Additional Support Material: Exhibit "A" Agenda Background information Exhibit "B" Prior Project Actions Exhibit "C" Bid Tabulation Exhibit "D" Project Budget Exhibit "E" Consultant's Letter of Recommendation Exhibit "F" Location Map V1:11OME4RachellelGEN4WastewaterlE10155 -WW Service Line Repair & WW Manholes FY 20114ConslruclionlAgenda Memo.doc —39— AGENDA BACKGROUND INFORMATION SUBJECT: Wastewater Service Line Repair and Clean -Out Installation Program And Sanitary Sewer Manhole Ring and Cover Adjustment FY 2011 Project No. E10155 PROJECT DESCRIPTION: The project is an Indefinite Delivery Indefinite Quantity (IDIQ) contract for locating and excavation of existing service lines; replacing approximately 2,800 linear feet of wastewater service lines from the clean -out to the bend and from the bend to City main. It also consists of adjusting 150 sanitary sewer and 100 storm water manhole rings and covers throughout the City under multiple work authorizations. BID INFORMATION: On February 16, 2011, the City received proposals from two bidders (see Exhibit "C" Bid Tabulation). The bids ranged from $$474,384 to $632,550 for the base bid. The estimated cost of construction is $622,200. BID RECOMMENDATION: The consultant, Engineering and Construction Management Services (ECMS), has reviewed the information submitted by the low bidder, RCM Constructors Inc. (see Exhibit "E" Consultant's Letter of Recommendation). ECMS has verified the experience references provided by the contractor, which indicated that the contractor has the ability to perform the paving and utility work required to complete the project in a satisfactory manner. Therefore, City staff and the consultant are recommending that the contract be awarded to RCM Constructors Inc. of Corpus Christi, Texas, in the amount of $426,600 for the base bid. The amount awarded is based upon available funds and to secure the unit prices provided by the low bidder. CONTRACT TERMS: The work period will be 365 days with the option to extend the contract for an additional two years in one -year increments. PROJECT BACKGROUND: The contractor(s) were required to provide pricing in response to a typical repair typeset of activities anticipated that could be issued during a 1 -year period under this contract. Bids were requested and evaluated for a Base Bid set of unit pricing commodities to determine the most advantageous pricing for the City. The contract provides a base performance period of one year and can be renewed for two additional years in 1 -year incremental extensions. Each delivery order will be defined, prioritized, and coordinated by City Staff and the consultant. The total award is based on available funds for the project. H: SHOMESRache !#e \GENSWaslawaler\E1O155 -WW Service Line Repair & WW Manholes FY 20111 Conslruclion1A2enda Background.doc —40— EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Wastewater Service Line Repair and Clean -Out Installation Program And Sanitary Sewer Manhole Ring and Cover Adjustment FY 2011 Project No. E10155 PRIOR COUNCIL ACTION: 1. July 20, 2010 - Ordinance adopting the City of Corpus Christi budget for the ensuing fiscal year beginning August 1, 2010 to be filed with the County Clerk; appropriating monies as provided in the budget. (Ordinance No. 028683) 2. July 20, 2010 — Ordinance to ratify increase of $1,380,315 in property tax revenues from last year's Operating Budget as reflected in the 2010 -2011 Operating Budget. (Ordinance No. 028684) PRIOR ADMINISTRATIVE ACTION: 1. October 11, 2010 -- Administrative approval of a Small NE Agreement for Architect/Engineer Consultant Services with Engineering and Construction Management Services of Corpus Christi, Texas, in the amount of $45,960 for the Wastewater Service Line Repair and Clean -Out Installation Program and Sanitary Sewer Manhole Ring and Cover Adjustment FY 2011. 1-: 1H0ME1Rache lleIGEN \Wasteweter1E10155 -WW Service Line Repair & WW Manh4e1 FY 20111ConstructionTrior Project Aclions.docx EXHIBIT "B" Page 1 of 1 TABULATION OF BIBS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Felix H. Ocanes, Jr., P.E. BID DATE: February 16, 2011 f WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION PROGRAM AND SANITARY SEWER MANHOLE RING AND COVER ADJUSTMENT PROJECT No. 010155 FY - 2011 BID ITEM QTY UNITS DESCRIPTION RCM Constructors Inc. P.O. Box 9338 Corpus Christi, TX 78469 UNIT PRICE 1 2 200 7 EA 4" Clean -outs 6" Clean -outs 5350.00 550.00 AMOUNT 5105,000.00 54,025.00 Time of completion: 365 Calendar Days ENGINEER'S ESTIMATE: $622,200.50 Veofia Es Industrial Services 550 Flato Rd. Corpus Christi, TX 78460 UNET PRICE AMOUNT 570,000.00 5350.00 5525.00 $575.00 3 4 5 5A. 2800 140 280 140 LF LF LF LF Remove and replace all 4° pipe from the property line /utility easement to and including the bend Remove and replace all 6" pipe from the property line /utility easement to and Including the bend Remove and replace all 4" pipe from the bend to the main, where main depth is 0 to five feet Remove and replace all 4" pipe from the bend to the main, where main depth Is 5 to ten feet $40.00 $9.00 538.00 530.00 5112,000,00 51,260.00 510,840.00 54200.00 534.00 536.00 $38.00 540.00 595,200.00 55,040.00 510,080.00 $5,600.00 5B. 6 SA. 140 140 70 LF LF LF Remove and replace all 4" pips from the bend to the main, where man depth is over 10 feet Remove and replace all 6° pipe from the bend to the main, where main depth Is 0 to 5 feet Remove and replace all 6" pipe from the bend to the main, where main depth Is 5 to 10 feet 520.00 59.00 59.00 52,800.00 51,260.00 5630.00 565.00 536.00 540.00 59,100.00 . $5,040.00 $2,800.00 618. 70 LF Remove and replace all 6' pipe from the bend to the main, where main depth is over 10 feet $9.00 5630.00 565.00 54,550.00 7 980 LF Trench Safety Measures Install new taps to main In accordance with City standard plans and specifications, replacing (1) one Joint of main, where main depth is 0 to 5 feet 50.90 5882.00 $1.00 5900.00 8 14 EA 5400.00 $5,600,00 $1,150.00 $16,100.00 8A. 7 EA Install new taps to main in accordance with City standard plans and specifications, replacing (1) one joint of main, where main depth is 5 to1 5350.00 52,450.00 $1,600.00 511,200.00 8B. 7 EA Install new taps to main in accordance with City standard plans and specifications, replacing (1) one joint of main, where main depth Is over 10 feet 5250.00 51,750,00 52,500.00 517,500.00 9 10 280 140 LF LF Additional main line removal and replacement Remove and reinstall existing fence 545.00 51.80 $12,600.00 5252.00 560.00 52.50 11 20 SF Sod $4.50 $90.00 $7.50 $16,800.00 5350.00 $150.00 12 490 SF Concrete flatwork repair, (driveways, sidewalks) in accordance with City standard plans and specifications 510.80 55,292.00 515.00 $7,350.00 13 14 14A. 210 1400 1400 EA LF LF Closed circuit television pipeline inspection of service line/taps (1 foot to 40 feet) from the cleanout down to the sewer main (see technical specification T -2) Closed circuit television pipeline inspection of replaced mains. Contractor must televise, after rehabilitation, the replaced main portion or, a minimum of ten feet in both directions from new main tap, whichever is greater (see technical specification T -2) Closed circuit television pipeline inspection of exposed and accessible, existing mains. Contractor must televise a minimum of ten feet in both direction from existing main tap, (see technical specification T- 2) -42- 53.60 51.00 51.80 5756.00 51,400.00 52,520.00 550.00 512.50 $6.50 510,500.00 $17,500.00 59,100.00 EXHIBIT "C" Page 1 of 2 TABULATED BY: Felix H. Ocanas, Jr., P.E. BID DATE: February 16, 2011 WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION PROGRAM AND SANITARY SEWER MANHOLE RING AND COVER ADJUSTMENT PROJECT No. E10155 FY - 2011 15 16 17 18 19 56 280 6 5 35 SY SY EA EA LF Flexible base- cafiche repair Asphalt pavement repair Installation of driveway clean out boot Install new taps to main in accordance with City Standard plans and specifications, replacing (1) joint of pipe penetrating the manhole Curb and Gutter Replacement TOTAL BASE BID PART "A" (ITEMS 1 -19)J (Sanitary Sewer Manhole Ring & Cover Adjustment B-1 150 EA B -2 80 SY Sanitary Sewer Manhole Ring & cover Adjustments, including New Manhole Ring & Cover Assembly with New Height Adjustment Rings, Stainless Steel Inflow Inhibitor and with Concrete Collar Removal & Replacement of Pavement, Pavement Repairs RCM Constructors Inc. P.O. Box 9338 Corpus Christi, TX 78469 $7.00 $20,00 5200.00 5200.00 $18.00 $1,000.00 $392.00 55,600.00 $1,200.00 $1,000.00 5630.00 $246,184.00 5150,000.00 Time of completion: 365 Calendar Days ENGINEER'S ESTIMATE: 5622,200,50 Veolia Es Industrial Services 550 Fleto Rd. Corpus Christi, TX 78460 535.00 540.00 $375.00 $750.00 $15.00 $1,050.00 $1,980.00 $11,200.00 $2,250.00 $3,750.00 $525.00 $373,650.00 $157,500.00 $20.00 $1,600.00 $40.00 $3,200.00 TOTAL BASE BID PART "B" (LTEMS 131.82)1 Storm Water Manhole Ring & Cover Adjustment $151,600.00 L $160,700.00 C -1 C -2 100 80 EA SY Storm Water Manhole Ring & cover Adjustments, including New Manhoie Ring & Cover Assembly with New Height Adjustment Rings, and with Concrete Collar Removal & Replacement of Pavement, Pavement Repairs TOTAL BASE BID PART "C" (ITEMS C1 -C2 )I $750.00 $20.00 $75,000.00 $1,600.00 $76,600.00 $950.00 $40.00 595,000.00 53,200.00 $96,200.00 SUMMARY OF BIDS 1. TOTAL BASE 91D PART "A" (ITEMS 1 -19) 2. TOTAL BASE BID PART "B" (ITEMS 131 -132) 3. TOTAL BASE BID PART "C" (ITEMS 01 -C2) $246,184.00 $151,600.00 $76,600.00 $373,650.00 5160,700.00 $98,200.00 TOTAL $474,384.00 $632,550.00 -43- EXHIBIT "C" Pa.ge2of2 PROJECT BUDGET WASTEWATER SERVICE LINE REPAIR & CLEAN OUT INSTALLATION & MANHOLE RING AND COVER ADJUSTMENT Project No. E10155 April 19, 2011 FUNDS AVAILABLE: Wastewater O &M (2010 -2011) $440,000.00 Storm Water O &M (2010 -2011) $95,750.00' TOTAL $535,750.00 FUNDS REQUIRED: Construction (RCM Constructors, Inc.) $426,600..00 Contingencies $21,330.00 Consultant Fees: Consultant (Engineering & Construction Management Services) $45,960.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) $9,600.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) $14,950.00 Misc. (Printing, Advertising, etc.) $2,150.00 TOTAL $520,590.00 ESTIMATED PROJECT BUDGET BALANCE $15,160.00 Project deficit will be covered from savings in other Bond Issue 2008 Projects already realized. EXHIBIT "D" Page 1 of 1 February 25, 2011 Mr. Pete Anaya Director of Engineering Services City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78469 -9277 Re: Wastewater Service Line Repair and Clean -out Installation and Manhole Ring and Cover Adjustment Program FY 2011 Project No. E10155 Dear Mr. Anaya E C M S ENGINEERING & CONSTRUCTION M A N A G E M E N T S E R V I C E S 5001 OAKMONT DRIVE CORPUS CHRISTI, TX 78413 361 98811202 OFFICE 361 54914575 MOBILE 361 90612477 FAX ECMS�.%O STX.RR.COM Enclosed are the two Bid Proposals for the above referenced project, Enclosure A. As required by Special Provisions A -28, A -29 and A -30, the documentation and other pertinent information with regard to the general contractors is attached to Enclosure B for the Iow bidder only. The second Iow bidder did not submit this data. Following are the total bid amounts as submitted by the contractors: A. RCM Constructors, Inc. B. Veolia Es Industrial Services $474,384.00 $632,550.00 The Engineer's Estimate is $622,200.50 Enclosure C is the Bid Tabulation. The second Iow bidder was 33% over the lowest bidder ($158,166) The differences between the Engineer's estimate and the Iow bidder is $147,816.50 or 31%. Page 1 of 2 —45— EXHIBIT "E" Page 1 of 2 Following are some notes resulting from review of the Contractor's A -28, A -29, and A -30. A -28 The Contractor has stated that there are no liens against RCM Construction, Inc. for either materials or services, and no unpaid claims. A -29 The Contractor intends to use Charles W. Webb and Robert Gonzales, Jr. as the Superintendents. Their resumes are attached and the two men have been doing this kind of work on city jobs for several years and have proven to be experienced and reliable leaders with the proper education and experience. A -30 The list of completed projects is included in the A -28 submittal. RCM has successfully completed several projects for the City on time. The last two Wastewater Cleanout Contracts were #7434 and #E09012 in the amounts of $244,440.00 and $219,996.00 respectively. ECMS was the construction manager on both projects. Their performance was rated 9 with a 10 being the highest rating. I recommend award of the contract to RCM Constructors, Inc. who submitted the lowest bid and which meets all requirements of the bid package. The Contractor's documents were checked and no discrepancies were found. The original proposals remain with Sylvia Arriaga. Please let me know if you have any questions regarding this matter. Sincerely yours. 4L'2Ie- Felix . Ocanas, Jr_, P.E President Page 2 of 2 —46— EXHIBIT "E" Page 2 of 2 \ Mproject \councilexhibits\exhE10155.d wg CORPUS clatrs2 73,91y NOTE: CITY WIDE PROGRAM PROJECT # E10155 LOCATION MAP NOT TO SCALE GULF OF RICO EXHIBIT "FR WASTEWATER SERVICE LINE REPAIR AND CLEAN -OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2011 4T- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT' Of ENGINEERING SERVICES PAGE: 1 of 1 DATE: 04/19 /2011 Page 1 of2 ORDINANCE APPROPRIATING AN AMOUNT OF $95,750.00 FROM THE UNRESERVED FUND BALANCE IN FUND NO. 4300 FOR THE STORM WATER MANHOLE RING AND COVER ADJUSTMENT PROJECT; CHANGING THE FY 2010 -2011 OPERATING BUDGET ADOPTED BY ORDINANCE 028683 TO INCREASE APPROPRIATIONS BY $95,750.00; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUSCHRISTI, TEXAS: SECTION 1. An amount of $95,750.00 from the Unreserved Fund Balance in Fund No. 4300 is appropriated for the Storm Water Manhole Ring and Cover Adjustment Project. SECTION 2. The FY 2010 -2011 Operating Budget adopted by Ordinance 028683 is changed to increase appropriations by $95,750.00. SECTION 3. Upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 19th day of April, 2011. ATTEST: Armando Chapa City Secretary APPROVED TO FO 06- Apr -11 Veronica Ocanas Assistant City Attorney For City Attorney 041911 ORS APP 95,750 Storm Water Manhole Ring Adjustment —48— CITY OF CORPUS CHRISTI Joe Adame Mayor Page 2 of 2 Corpus Christi, Texas day of , 2011 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 The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 041911 ORD APP 95,750 Storm Water Manhole Ring Adjustment —49— 5 1' Reading of Ordinance (Part B) — 4/12/11 2nd Reading of Ordinance (Part B) — 4/19/11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 12, 2011 AGENDA ITEM: A: Resolution authorizing the City Manager or designee to execute all documents to accept a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. B: Ordinance appropriating a $5,381 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Senior Companion Program; and declaring an emergency. ISSUE: This grant is made available as appropriated by the State of Texas through the Corporation for National and Community Service project. The funds shall assist the grantee (City of Corpus Christi) in providing the Senior Companion Program, a national service program as authorized by the Domestic Volunteer Service Act of 1973. The fund authorization will be for the period September 1, 2010 through August 31, 2011. REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate State grant funds from the Corporation for National and Community Service to support the Senior Companion Program from September 1, 2010 through August 31, 2011. PREVIOUS COUNCIL ACTION: On October 26, 2010 the City Council accepted and appropriated Federal funds in the amount of $275,007 from the Corporation for National and Community Service. This Council action authorized funding for the second year of a three -year continuing grant process. FUNDING: The Corporation for National and Community Service is issuing a grant to the City of Corpus Christi in the amount of $5,381 as appropriated by the State of Texas. CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and appropriate funds from the Corporation for National and Community Service. Attachments: Background Information Notice of Award -53- Michael Morris, Director Parks and Recreation Department MichaelMo @cctexas.com 361 -826 -3464 BACKGROUND INFORMATION The Senior Companion Program provides assistance to adults with physical, emotional, or mental health limitations, most of whom are elderly. These clients have difficulties with daily living tasks and Senior Companions help them retain their dignity and independence. Senior Companions serve from 15 to 40 hours a week and receive a stipend of $2.65 an hour. They must be 55 or older and meet established income eligibility guidelines. In addition to the stipend, they receive accident, personal liability, and excess automobile insurance coverage; assistance with the cost of transportation; and as feasible, meals during their assignments. The Companions assist homebound individuals with daily living tasks, such as light meal preparation, grocery shopping, and or minor housekeeping chores. They also provide critical respite care service of hospice support for family caregivers. The amount of $5,381 is the exact amount granted from the previous grant period. This award is the state portion supplementing the national grant, no match is required. The grant is in year two (2) of a two (2) year grant cycle. State funding does not cover wages. The national and city matching funds provide funding for 3 FTE's. Notice of Grant Award Senior Companion Program For Official Use Only Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 -3323 Grantee City of Corpus Christi EIN: 746000574 1201 Leopard PO Box 9277 Corpus Christi TX 78469 -9277 Award Information Agreement No.: 09SZWTX008 Amendment No.: 1 CFDA No.: 94.016 Award Description Project Period: Budget Period: 09/01/2009 - 08/31/2011 09/01/2009 - 08/31/2011 Provide TDADS funding, Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S,C., Chapter 22) using money appropriated by the State of Texas. Funding information Previously This Award! Total Current Current Year Awarded Amendment Year This Year Total Obligated by CNCS Grantee's Unobligated Balance (Carryover) $0 $5,38! $5,381 20 30 St) Total Available $0 $5,381 $5,381 Cumulative Funding for Protect Period Total Awarded in Previous Years $5,381 Total CNCS Funds Awarded to Date 810,762 Funding Source and Amount 2010-- OPE1 -Q52 -000- 61413 -4101. 85,381.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 7/16/10, The grantee shall be entitled to reimbursement for costs incurred on or after September 1, 2010 which if incurred before the signature date of this award, would have been reimbursed under the terms of this grant, Terms of Acceptance: By accepting funds under this grant, the Grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's website at ht tps:// egrants. cns. gov/ termsandconditions/ FGPSCPTandC _Revised_20100610.pdf, all assurances and certifications made in the Grant application, and all applicable federal statutes, regulations and guidelines, The Grantee agrees to administer the funded Program in accordance with the approved Grant application and budget(s), supporting documents, and other representations made in support of the approved Grant application. Corporation for National and Community Service: Page 1 For Official Use Only -55- A Notice of Grant Award Senior Com ' anion Pro ram Grantee For OflMctai Use Only 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 -3323 City of Corpus Christi EIN: 746000574 1201 Leopard PO Box 9277 Corpus Christi TX 78469 -9277 Corporation for National and Community Service: 09/20/2010 Signature Date Lennette B. White Name (typed) Senior Grants Officer Title Lennette D. White, 215-597-27S2 Grants Official Larscenia Staley, (512)916 -7000 Program Official Page 2 For Official Use Only —56— Page 1 of 1 ORDINANCE APPROPRIATING A $5,381 GRANT FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE SENIOR COMPANION PROGRAM. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That a $5,381 grant from the Corporation for National and Community Service is appropriated in the No. 1067 Parks and Recreations Grants .Fund for the Senior Companion Program. H:1LEG- DIRILisa12011 Ordinance\ORD- AppropSenior Companio Program grant.doc -57- That the foregoing ordinance was read for�the first time and passed to its second � reading on this the !J day of Joe Adame Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. Leal , 2011, by the following vote: John E. Marez Nelda Martinez Mark Scott Linda Strong That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Kevin Kieschnick Linda Strong Priscilla G. Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: April 6, 2011 By: .1 Lisa AgoilafrJAssistant City Attorney for the City Attorney Joe Adame Mayor 6 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: April 19, 2011 Public hearing and first reading ordinance to consider abandoning and vacating a 25,743.96- square foot portion (0.591 Acre) of a undeveloped and unsurfaced 20 foot wide, dedicated public right -of -way, out of Section 28, Lots 8 and 9, Flour Bluff and Encinal Farm and Garden Tracts, said public right of way being located south of the South Padre Island Drive (SH 358), and west of the Paul Jones Avenue, public street rights of way; Subject to compliance with the specified conditions. ISSUE: The abandonment and vacation of this portion of public right -of -way is being requested to accommodate the future development and construction of buildings in the area. REQUIRED COUNCIL ACTION: City Charter, Article IX. Section 1, requires Council approval to abandon and vacate any portion of an easement. PRIOR COUNCIL ACTION: May 2, 1984, (Ord. No. 18212) - Council approved and granted the abandonment and vacation of a portion of an undeveloped and unsurfaced dedicated public right -of- way, out of Lot 10, Sec. 31, Flour Bluff & Encinal Farm & Garden Tract, to accommodate the future development and construction of buildings in the area. IMPLEMENTATION SCHEDULE: Within 180 days of Council approval and issuance of the ordinance, all grants of establishment or closing of public streets, alleys, or other public ways must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, that being the county in which the property is located. Prior to permitting any construction on the land, an up -to -date survey, abstracted for all streets, alleys or public ways and items of record must be submitted to the Director of Development Services, as in accordance with City of Corpus Christi, Code of Ordinances §49- 12(a), as amended and approved on July 13, 2004, by Ordinance No. 025816. RECOMMENDATION: Staff recommends approval of the or finance as pr ented. Juan Perales, , P.E. Assistant City anager Engineering and Development Services Email: JohnnvPcctexas.com Telephone: 361- 826 -3828 Attachments: Exhibit A - Background Information Exhibit B — B -1 Ordinance Request B -2 Copy of Ordinance Exhibit C - Site Location Map (a.k.a. Map of Proposed Public Right of Way Closure) Exhibit D - D -1 Metes and Bounds description of Road Closure Tract D -2 Accompanying Location Map D -3 Accompanying Sketch H:ILEG -DIR \Shared \LEGAL- DEV.SVCS12011 Agenda14-19-1 1 \Abandon & Vacate.Oso River Estates14 -1- 11 AgMemo. DWBrevised.doc -61- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Bass & Welsh Engineering, on behalf of owners, Gladys Mettle Smith and Frost National Bank, co- trustees of the Gladys Mattie Smith Trust, Gladys Mattie Smith individually, Patricia Peterson Nuss and Chris Ann Peterson Brown ( "Owners "), is requesting the abandonment and vacation of a 25,743.96- square foot portion (0.591 acres) of a 20 -foot wide undeveloped, dedicated public right - of -way, out of Lots 8 -9, Section 28, Flour Bluff and Encinal Farm & Garden Tracts, said public right of way, being located south of the South Padre Island Drive (SH 358) state right -of -way. Owners are requesting the street abandonment and vacation to accommodate the future development and construction of buildings in the area. The public right-of-way to be abandoned and vacated is located in a B-4 "General Business District ". On May 2, 1984, (Ord. No. 18212), City Council approved and granted the abandonment and vacation of a portion of an undeveloped and unsurfaced dedicated public right -of -way, out of Lot 10, Sec. 31, Flour Bluff & Encinal Farm & Garden Tract, to accommodate the future development and construction of buildings in the area. The public right of way abandoned and vacated by Ord. No. 18212 is adjacent to the public right away currently requested to be abandoned and vacated. All public and franchised utilities were contacted. The City Water Department has an existing 8 -inch waterline adjacent to the proposed portion of public right -of -way to be abandoned and vacated and is requiring that the Owners retain a minimum 10 -foot wide utility easement because of the water main. The City Storm Water Department has an existing infrastructure within the proposed portion of the public right -of -way to be abandoned and vacated and is requiring that the Owners retain a minimum 10 -foot wide utility easement for their infrastructure. None of the other public or private departments or utility companies had any objection to the closure. Staff recommends that payment of the fair market value be waived because City Code, Sec. 49 -12, eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case and also because Owners will be dedicating a utility easement of greater size and value. 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. The Owner has been advised of and concurs with the conditions of the right -of -way abandonment. Agenda Memo Exhibit "A" H:1 LEG- DIRIShared\LEGAL- DEV.SVCS12011 Agenda14 -19 -I 1\Abandon & Vacate.Oso River Estates14 -1- 11Addt'lBekgrd.DWBrevised. doc FROM: Juan Perales,Jr., Asst. City Manager Engineering and Development Services DATE: March 10, 2011 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: April 19.2011 ORDINANCE CAPTION: Public hearing and first reading ordinance to consider abandoning and vacating a 25,743.96- square foot portion (0.591 Acre) of a undeveloped and unsurfaced 20 foot wide, dedicated public right -of- way, out of Section 28, Lots 8 and 9, Flour Bluff and Encinal Farm and Garden Tracts, said public right of way being located south of the South Padre Island Drive (SH 358), and west of the Paul Jones Avenue, public street rights of way; Subject to compliance with the specified conditions. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas SPECIFIED CONDITIONS AS PART OF CLOSURE: (A) In accordance with City of Corpus Christi, Code of Ordinances §49- 12(c)(4), considering that the public street right away at issue has not been improved or used for any public street purpose, payment of the fair market value is waived. (B) The City Water Department has an existing 8 -inch waterline adjacent to the proposed portion of the public right -of -way at issue and is requiring that the Owners retain a minimum 10 -foot wide utility easement because of the watermain. (C) The City Storm Water Department has an existing 36 -inch storm sewer line within the proposed portion of the public right -of -way at issue and is requiring that the Owners retain a minimum 10 foot wide utility easement for their infrastructure. (D) Within 180 days of Council approval and issuance of the ordinance, all grants of establishment or closing of public streets, alleys, or other public ways must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, that being the county in which the property is located. Prior to permitting any construction on the land, an up -to -date survey, abstracted for all streets, alleys or public ways and items of record must be submitted to the Director of Development Services, as in accordance with City of Corpus Christi, Code of Ordinances §49- 12(a), as amended and approved on July 13, 2004, by Ordinance No. 025816. REQUESTED BY: Juan Perales,Jr., Asst. City Manager Engineering and Develop ent,Services -1 DATE: Approved: Date: 7l Agenda Memo Exhibit "B -1" H:1 LEG- DIR1Shared1LEGAL- DEV.SVCS12011 Agendal4- 19- 11 \Abandon & Vacate.Oso River Estates14 -1 -11 Other- ConditlonsDWBrevlsed.doc -63- Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 25,743.96- SQUARE FOOT PORTION (0.591 ACRE) OF A UNDEVELOPED AND UNSURFACED 20 FOOT WIDE, DEDICATED PUBLIC RIGHT -OF -WAY, OUT OF SECTION 28, LOTS 8 AND 9, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SAID PUBLIC RIGHT OF WAY BEING LOCATED SOUTH OF THE SOUTH PADRE ISLAND DRIVE (SH 358), AND WEST OF THE PAUL JONES AVENUE, PUBLIC STREET RIGHTS OF WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, Bass and Welsh Engineering, on behalf of owners, Gladys Mattie Smith and Frost National Bank, co- trustees of the Gladys Mattie Smith Trust, Gladys Mattie Smith individually, Patricia Peterson Nuss and Chris Ann Peterson Brown, is requesting the abandonment and vacation of a 25,743.96- square foot portion (0.591 Acre) of a undeveloped and unsurfaced 20 foot wide, dedicated public right -of -way, out of the Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lots 8 and 9, said public right of way being located south of the South Padre Island Drive (SH 358), and west of the Paul Jones Avenue, public street rights of way, in order to accommodate the development of adjoining property; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, April 19, 2011, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the right -of -way, subject to the provisions below. (Exhibit A — Map of Proposed Public Right of Way Closure, Exhibit B- Metes and Bounds description of Road Closure Tract (B -1), with accompanying Location Map (B -2) and Sketch (B -3).] NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 25,743.96- square foot portion (0.591 Acres) of a undeveloped and unsurfaced 20 foot wide, dedicated public right -of -way, out of the Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lots 8 and 9, as recorded in Volume A, pages 41- 43 of the Map Records of Nueces County, Texas, said public right of way being located south of the South Padre Island Drive (SH 358), and west of the Paul Jones Avenue, public street rights of way, is abandoned and vacated, subject to compliance with the conditions specified in Section 2. below. Agenda Memo Exhibit "B -2" ft LEG- DIRLSharedLLEGAL- DEV.SVCS12011 Agendal4- 19- 11LAbandon & Vacate.Oso River EstatesIORDINANCE to abandon and vacate ROW.DWBFinai docx —64— Page 2 of 3 ' SECTION 2. The abandonment and vacation of the above right-of-way is conditioned upon compliance with the following: (A) In accordance with City of Corpus Christi, Code of Ordinances §49- 12(c)(4), considering that the public street right away at issue has not been improved or used for any public street purpose, payment of the fair market value is waived. (B) The City Water Department has an existing 8 -inch waterline adjacent to the proposed portion of the public right -of -way at issue and is requiring that the Owners retain a minimum 10 -foot wide utility easement because of the watermain. (C) The. City Storm Water Department has an existing 36 -inch storm sewer line within the proposed portion of the public right-of-way at issue and is requiring that the Owners retain a minimum 1D foot wide utility easement for their infrastructure. (0) Within 180 days of Council approval and issuance of the ordinance, all grants of establishment or closing of public streets, alleys, or other public ways must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, that being the county in which the property is located. Prior to permitting any construction on the land, an up -to -date survey, abstracted for all streets, alleys or public ways and items of record must be submitted to the Director of Development Services, as in accordance with City of Corpus Christi, Code of Ordinances §49- 12(a), as amended and approved on July 13, 2004, by Ordinance No. 025816. Signature page follows. H: 1LEG- DIRISharedlLEGAL- DEV.SVCS12011 Agenda14 -19 -11 Abandon & Vacate.Oso River Estates\DRDINANCE to abandon and vacate ROW.DWBFInal.docx -65- 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 , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick Linda Strong Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick Linda Strong Priscilla Leal PASSED AND APPROVED this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form April 7, 2011. By: Joe Adame Mayor eborah Walther Brow Assistant City Attorney or City Attorney H: ILEG- DIRISharedlLEGAL- DEV.SVCS12011 Agenda44- 19- 11Abandon & Vacate.Oso River Estates\ORDINANCE to abandon and vacate ROW.DWBFinaf.docx —66— 111 + 1742 ',(1733 0 100 200 -.Feet Proposed Public Right of Way Closure Right of Way & 450' Buffer 04/01/2011 Prepared By: SRR Department of Development Services Agenda Memo Exhibit "C" KurMAY BAss, Jit., 14ii-xox M. WELSni Www.bas.6'-w6Ish.coin . ASS viTt$0.,..NGINgErRING PQ fibx. 63.9:7. . Corpus Chtisti4 -TX 7M66-61,97 Read. Closure Tratt STATE OF TEXAS COUNTY OF NUECES 3,n4 ax itp '71404 P1.1. 3'61 82-5521,-,, FAX-1.61- M-120:1 e-rnaii: mgrravlIfeaototsm DaLtil-wAfg,ptittol January 5. 201,1 09022-M&B2.doc pescriptionofa 0.591 aptc,. tract 01414 ram; lOss, pqtion. 044 a 4,NSeOtion;20 Our:. dEncing Farm and Garden Traas, a map Of-valid-1 i retottledin VolMerfe'Aq, Pages41-43., Map.ReCOrds,.Oneces.CcaMty; Tails, said 0.591 acte tract for road closure as firther detail:led by Metes-and hounds.as.f011OW.s: REOINNING at a point in the sonthWest riglikifway line of SbuthPadreislandDthe (Shift tlighway-358)for the easthrnmast comer of the tract heroin deScribed and northernmost Corner of II% 1-4 Peary Place Aura* map of which is recorded in Volume 49, Page 184, said map records; THENCR $.299:1(Y00"W along: tho nortbweat boundary "tug of said. Lot 1,A, at OWN pv4s- th .011.4011 Weittertnnost comer o Said .1.4t 1.A ad northernmost Witter 'of Lt 24A,. Said Peaty-Plaeo Mae* and continning aorig the Waimea boundary line of said La 2,4 hi all a:distance:Of:12873Z to a p3rnt for the stlitthauinotit eofmer, Of the tad:her-du clesalbed,:saidttatthernitioSt craws bears N29'00f0fTE 37 5O from .0. 0.10in 1110 ottlithilio.4 f11 fer th060therfune04Oiner of said Lbt THvg-c. N6roOlorw2G-004 pqiig •fa£ the. westepmost corner a tht trt4bgroin dloctibed;. THENCE 1419400vo1 1,280.4T to 4; poiatio said:Lot-8 and in said southwest right-of-way line. orSotith,Padr Island Drive .for the noitherninost corner of the trAttlierein desOibed; THENCE along said SOuthwest right-of-way line of South Padre Island Drive S63`32T53E 20.0r-to the POINT OF BE;GINNING„ a sketch STIGWitlg said 0391 acre. tract described herein •being attaelled.hereto as Ex.hibit".B". ttlX014101,W 0.21.1 orV ‘i,".°41:0100q. Lyon M. Welsh, .E., Agenda Memo Exhibit "D-I" Page 1 al ENCINO DR] ENN IS JOSLIN RD. HALCON ST. 73 LEXINGTON RD. ENNIS JOSLIN RD. 20' WIDE STREET ROW TO BE CLOSED, 0.591 AC PAUL JONES AVE _. —1 x a3 73 f+F y ci LUCATION MAP 1 • = 1500' BASS AND WELSH ENGINEERING CORPUS CHRISTI. TX FIRM NO. F -52 FILE: EX$ -STR CLOSURE' JOB NO. 09022 SCALE: 1" = 1500' PLOT SCALE: SAME PLOT OATE: i /O7f1 f SHEET 1 OF 1 -69- Agenda Memo Exhibit "D -2" Agenda Memo Exhibit "D-3" F3 & EF & GT, SECT, 28, V. 'W , P. 41 - 43, M. R. LOT 24 ROADWAY, V. ' A' , P. 41 - 43, M. R. i p. f -N61' 00'130' it 20. 00' '11-S29' 00' 00' 1: 1287, 32 F3 & EF & GT, SECT. { NI29'00' 00'E 37. 50' FROM 31, LOT 11, V. 'A', t THE SOUTHER T CORNER OF LOT 2A P. 41 - 43, M. R. LOT 9 TO THE SOUTHERNMOST CORNER DF SUBJECT TRACT 20' WIDE STRIP FOR STREET CLOSURE, 0. 59 1 AC. LDT9 N29' 00' OO' E 1285. 43 CL WILLIAMS DR. 1 FB & EF & GT, SECT. 28, V. 'A' , P. 41 •- 43, M. R. 10' UE CEAST PORTION OFD SURESTREET 4/_563' ' S3' E La 8 609.20' LOT 1A 20' ROAD CLCD BY CITY COUNCIL' ORD. 18212 PEARY PLACE ANNEX 'E' V. 49, P. 184, N. R. EXHIBIT "B' SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 20.02' BASS AND WELSH ENGINEERING, CORPUS CHRISTI, TX REGISTRATION NO, F-52 EX&-STR CLOSURE 1' a 200' JOB NO. 09022 PLOT DATE 04/07/11 SHEET 1 OF 1 7 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: ORDINANCE WAIVING COUNCIL POLICY 6.C; NAMING OF THE BEACH ADJACENT TO THE SEAWALL ABUTTING WINDWARD DRIVE IN CORPUS CHRISTI AS "MICHAEL J. ELLIS BEACH;" AND THE NAMING OF THE SECTION OF THE SEAWALL ADJACENT TO THE WINDWARD DRIVE PARKING LOT AS THE "MICHAEL J. ELLIS SEAWALL" ISSUE AND BACKGROUND: In January of this year, Padre Island lost a longtime resident and founder of the Padre Island Moon Newspaper with the passing of Mr. Michael J. Ellis. Since his passing, island residents Dave and Beth Yonke, Dale Rankin and others have undertaken an effort to generate support for a fitting memorial to Mr. Ellis out on the island. These residents have engaged the business owners along the seawall in a proposal to naming both the seawall and the beach adjacent to the seawall in honor of Mr. Ellis and have received support for this proposal. In addition, Commissioner Jerry Patterson of the General Land Office has expressed his support for the proposal in a letter sent to the Mayor's office. In honor of Mr. Ellis, the attached ordinance would implement this proposal to name the beach adjacent to the seawall the "Michael J. Ellis Beach" and the section of the seawall adjacent to the Windward Drive parking lot the "Michael J. Ellis Seawall" to commemorate the life of Mr. Ellis and his contribution to the island community and to Corpus Christi. The ordinance also expresses support for the entire seawall to be designated as the "Michael J. Ellis Seawall if agreed to by the property owners along the seawall. Citizens working on this effort will be raising funds to pay for the necessary signage for this designation, so there will be no signage costs to the city associated with this request. REQUIRED COUNCIL ACTION: Approval of the attached ordinance on two readings (4/19 and 4/26/11) and invoking Policy 6.C, which allows for Council to waive, at its option, all provisions of Policy 6.C. relating to the naming of parks and recreation facilities in commemorating or memorializing an individual, group or event. CONCLUSION AND RECOMMENDATION: As requested by Council, staff recommends ttached ordinance. Rudy D. Intergovernmental R ' s Director rudvgac cctexas.com 361- 826 -3082 .1124cP-C,t,t4- Michael Morris Parks and Recreation Director michaelmCa?.cctexas.com —73— 361- 826 -3464 March 31, 2011 The Honorable Joe Adarne Mayor City of Corpus Christi 1201 Leopard St. Corpus Christi, Texas 78401 Dear Mayor Adarne: GENERAL LAND OFFICE ,TERRY PAI`TERSON, COMMISSIONER On Friday, January 28, 2011, the City of Corpus Cluisti and Padre Island lost a passionate and loyal supporter when Island resident Michael James Ellis passed away at the age of 58. After working with the Federal .Emergency Management Agency as a Disaster Response Coordinator, . Mr. Ellis settled in Corpus Christi. His expansive knowledge of hurricanes and disaster relief operations led him to the creation of the Hurricane Almanac, a comprehensive examination of how these massive storms form and impact the Texas coast. He later founded the Island_ Moon, a semi- . weekly newspaper that became a regular source of information for Coastal Bend residents. Through his work, Mr. Ellis showed a passion for the coast and a dedication to protecting it. His commitment to education and his tireless efforts on behalf of Padre Island nmde him a valued supporter of the Texas coast. For these reasons, on behalf of the Texas General Land Office, it is my honor to support the Corpus Christi City Council and the Nucces County Commissioners Court in memorializing Mr. Ellis by naming the seawall beach area on North Padre Island in his honor. If you have any questions, or if I can be of any assistance in this matter, please do not hesitate to contact me. You may also contact Isabel Callahan at Isabel.ga11ahanc glo.state.tx.us or at 512 -936- 4254. Sincerely, RRY P TIERSON tninissioner•, General Land Office Cc: Mr, Kyle Garrison Mr. Rudy Garza Stephen F. Austin Th Iding • 1700 North Congress Avenue • Austin, Texas 78701 -1495 Post Office Box 12873 • Austin,Tcxas 78711 -2873 512 -463 -5001 • 800- 998 -4GLO ww,v. zlo.state.tx.us 74— 1 ORDINANCE WAIVING COUNCIL POLICY 6.C; NAMING OF THE BEACH ADJACENT TO THE SEAWALL ABUTTING WINDWARD DRIVE IN CORPUS CHRISTI AS "MICHAEL J. ELLIS BEACH;" AND THE NAMING OF THE SECTION OF THE SEAWALL ADJACENT TO THE WINDWARD DRIVE PARKING LOT AS THE "MICHAEL J. ELLIS SEAWALL" WHEREAS, on January 28th, 2011, the City of Corpus Christi lost a beloved member of our community with the passing of Mr. Michael J. Ellis; WHEREAS, Mr. EIIis was a disaster response coordinator for the U.S. Government prior to settling in Corpus Christi and ultimately becoming a resident of the Padre Island community; WHEREAS, Mr. Ellis founded and operated a publication known as the Padre Island Moon beginning in 1996, which focused on island news and events for Flour Bluff, Padre Island, and Port Aransas; WHEREAS, out of respect for the late Mr. Ellis, the island community has come together in an effort to memorialize his life and contribution to the Padre Island community; WHEREAS, Mr. Ellis was known to spend countless hours of his day enjoying the scenic view of the Gulf of Mexico from the seawall and adjacent beach abutting Windward Drive on Padre Island; WHEREAS, in honor of Mr. Ellis, the island community has requested that the City designate the beach directly adjacent to the Padre Island seawall as the "Michael J. EIIis Beach" and the section of the seawall adjacent to the Windward Drive parking lot in Corpus Christi as the "Michael J. EIIis Seawall "; WHEREAS, the business owners along the North Padre island seawall have expressed their support for this proposal and also support the naming of the entire seawall as the "Michael J. EIIis Seawall "; WHEREAS, Commissioner Jerry Patterson of the General Land Office has submitted a letter of support to the Mayor's office for the naming of the beach, which is state owned property, as "Michael J. Ellis Beach;" and WHEREAS, Council Policy 6.C.(6) authorizes the City Council to waive, at its option, all provisions of Policy 6.C. relating to the naming of parks and recreation facilities in commemorating or memorializing an individual, group or event. 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Council Policy B.C. is waived. Section 2. The section of the Gulf of Mexico beach adjacent to the seawall abutting Windward drive shall be known as the "Michael J. Ellis Beach ". Section 3. The section of seawall owned by the City, which is adjacent to the Windward Drive parking lot, shall be known as the "Michael J. Ellis Seawall." Section 4. If agreed to by the other property owners along the seawall, the City supports the naming of the entire seawall adjacent to Windward Drive as the "Michael J. Ellis Seawall." Section 5. The City commits to working with the residents of Padre Island, who are currently raising funds for appropriate signage, to erect signs designating the beach and adjacent seawall as the "Michael J. Ellis Beach and Seawall." That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Kevin Kieschnick Linda Strong Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Kevin Kieschnick Linda Strong Priscilla G. Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: April 1, 2011 By: Lisa Aguiiar, Assistant City Attorney for the City Attorney Joe Adame Mayor CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 4/19/11 AGENDA ITEM: RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AMENDMENT NO. 1 TO THE ADVANCE FUNDING AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION AND PORT OF CORPUS CHRISTI ("PORT ") REGARDING DECORATIVE LIGHTING OF THE HARBOR BRIDGE, TO INCREASE PROJECT ESTIMATE FROM $1,864,000 TO $2,191,280; ADJUST CITY FUNDING PARTICIPATION FROM $298,000 TO $598,000, AND ALSO PROVIDE FOR CITY AND PORT TO EQUALLY SHARE UTILITIES AND OPERATION COSTS. ISSUE AND BACKGROUND: On December 7Eh, City Council approved a resolution authorizing the City Manager to execute a three party agreement between TXDOT, the Port of Corpus Christi, and the City of Corpus Christi PREVIOUS COUNCIL ACTION: Council approved Resolution 028874 (See Attachment A) authorizing the City Manager to execute a Local Transportation Project Advance Funding Agreement (See Attachment B) for the Harbor Bridge Lighting Project on December 7, 2010. City Manager Angel Escobar executed the agreement on December 17, 2010. The initial agreement was based on the specifications that the fighting system and costs borne between the port and the city would cover construction, maintenance, and operation of the system over the entire 10 year life expectancy of the project. Once TXDOT engaged vendors, both the system costs and warranty provided for the system varied from the initial terms of the agreement. Please see the following side -by -side analysis which lays out those differences: Descri.tion Total Estimate of Cost State Partici.ation ity of Corpus Christ Port of Corpus Christi Contract Version Ori • inal Amended ON inal Amended Ori, inal Amended Ori • inal Amended • 96,000 96,000 -- 48,000 48,000 48,000 48,000 250 000 Construction 1 ,200,000 2,011,000 1,200,000 1 211,000 - *550,000 - Util ity, Maintenance, O. eration 500,000 0 250,000 - 250,000 .rat cost,..,' ,,, ,; ; .1;'790 000 VIA 07 00fl - , 00, 0 .0iLlitooD , 52.98,tl-0tf . :" 598,00 298 0 ® .298 000 Direct State Cost 4% 68,000 84,280 68,000 84,280 0 0 0 0 176. F I Pr` ecfCost , X1,8 000 .. 42,191,2$,', ,11.030•0(10- .. 1,796 28 i 1 9 • ,000 598,000 `.29$It] 0 `;298000: Difference: 327,280 *City's cost share difference reflects acceptance of private donation to cover project cost difference Highlights of the requirements for this amendment: • Amendment required to factor in the higher than anticipated project construction costs and the specifics of the ongoing operation of the system. • In order to bring costs in -line with available funding, warranty period will only cover the first 5- years. TXDOT will inventory parts for maintenance between years 6 and 10 and the City and Port will split those maintenance and repair costs as necessary. • Due to the energy efficiency of the system, annual electricity costs are anticipated to be less than $10,000 depending upon the frequncy of the bridge lighting, typically 4 to 6 hours a day. The Port of Corpus Christi will set up an account for the electricity, the cost of which will be split equally between the City and the Port. • A donation in the amount of $300,000 will cover the majority of the total cost difference, with TXDOT paying for the remainder. • The City of Corpus Christi is agreeing to accept that donation and send that amount in addition to the amount originally agreed to by the city to TXDOT by the end of April. • Additional marketing agreements will be sought to help offset the overall cost of the project maintenance. Interest has already been expressed by other private sector entities for marketing agreements, which will be pursued. At this time, it is difficult to determine the maintenance cost that will be required between years 6 and 10. Those costs will completely depend on the performance of the system. As expenditures are required, city staff anticipates bringing agenda items to council in accordance with city policy and requirements at that time. Approval of the amendment will bring the original contract in -line with the actual specifications of the project as negotiated by TXDOT. REQUIRED COUNCIL ACTION: Approval of the attached Resolution providing the City Manager Authority to Execute Amendment #1 to the Advance Funding Agreement (See Attachment C). FUNDING: An agenda item will be brought to council on Tuesday, April 26th, accepting a donation from the donor in the amount of $300,000 to be designated towards the Harbor Bridge Lighting project and appropriating the $300,000 donation towards the city's cost share for the project. The city will then send TXDOT a check in the amount of $598,000 by the end of April, which will include BOTH the $300,000 donation and the $298,000 cost share previously approved by Council on December 7th. The project is expected to be completed by November 2011. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Advance Funding Agreement as drafted and reviewed by the parties and recommends approval of the attached res• •n authorizing execution of the Advance Funding Agreement by the City Manager.. /� udy D. G Intergovernmental Rel rudvga(a7.cctexas.com 361- 826 -3082 Oils Director Attachments A. B. Resolution 028874 approved December 7, 2010 Local Transportation Advance Funding Agreement executed December 17, 2010 C. Advance Funding Agreement Amendment #1 • '.1 RESOLUTION APPROVING A LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT FOR A CATEGORY 11 DISTRICT DISCRETIONARY FUNDING ON- SYSTEM PROJECT INVOLVING THE CONSTRUCTION OF DECORATIVE LIGHTING OF THE HARBOR BRIDGE. WHEREAS, the City of Corpus Christi (City) is interested in participating in the decorative lighting project for the Harbor Bridge on State Highway 181 over the Christi Ship Channel; and. WHEREAS, state funding has been approved for this project; and WHEREAS, City previously entered into a Master Agreement Governing Local Transportation Project Advance Funding Agreement and Amendment to the Master Agreement Governing Local Transportation Project Advance Funding Agreement with the State of Texas, acting by and through the • Texas Department of Transportation ( TxDot) for the administration and management of the planning, design and construction phases of its transportation related projects; and WHEREAS, City wishes to enter into a Local Transportation Project Advance Funding Agreement, a copy of which is attached hereto, with the State of Texas, Acting by and through TxDot for the oversight of the City's portion of the administration and management of the planning, design, construction and maintenance phases of Harbor Bridge lighting project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City hereby approves the Local Transportation Project Advance Funding Agreement for the Harbor Bridge lighting project; and 028874 SECTION 2. That the City Manager, or. designee, r authorized to • execute said agreement which is attached hereto as an Exhibit. ATTEST: . THE •CITY OF CORPUS CHRISTI Armando Chaps Joe Ada e City Secretary Mayor bectim6er APPROVED: TI:b/-- day of -Nowolber, 2010. Carlos Valdez City Attorney 1 Corpus Christi, Texas - of .L�� 2010 The above resolution was passed by the following vote: Joe Adams Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong f .02x874 • CSJ; 0101,-0,1-;10 • . Project Name: Harbor Biidge Lighting ATTACHMENT A Resolution of Local Government (Port of Corpus Christi Authority) Approving this LPAFA STATE OF TEXAS § COUNTY QF NUZCES § KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the Port of Corpus Christi Authority of Nueces County, Texas ( "Authority "), has agreed to participate in the lighting project for the Harbor Bridge located on State Highway 18 ] over the Corpus Christi Ship Channel; and WHEREAS, state funding'has been approved for this project; and WHEREAS, Authority previously entered into a Master Agreement Governing Local Transportation.Project Advance Funding Agreements and Amendment to the Master Agreement Governing Local Transportation Project Advance Funding Agreements vvith the State of Texas, acting by and through the Texas Department of Transportation ( "TxDOT ») for The administration and management of the planning, design, and construction phases of its transportation - related projects on January 8, 2002; and WHEREAS, Authority wishes to enter into a Local Project Advance Funding Agreement, a copy of which is attached hereto, with the State of Texas, acting by and through TxDOT for the oversight of the Authority's portion of administration and management of the planning, design, and construction phases of the Harbor Bridge lighting project, NOW, THEREFORE, BE IT RESOLVED THAT the Port Commission of the Port of • Corpus Christi Authority of Nueces County, Texas, hereby approves the Local Project Advance Funding Agreement for the Harbor Bridge lighting project; and Executive Director John P. LaRue of the Port of Corpus Christi Authority is hereby authorized to execute same. PASSED by the Port Commission in an open meeting on November 9, 2010. .CSJ #010-1- 06 -io5 ' District # 16- Coypus Christi - Code Chart 64 #.62136, 098Q0 Project: BR 2002(454): ' ' Federal Highway Administration CFDA # 20.205 ATTACHMENT A Resolution or Ordinance CCJ. #O.1O1..O6105. District #. l6- Corpus Christi • . Code Chart-64 #.62136, 09800: • Project: BR .2002 (454) • Federal Highway Administration CFDA # 20.205 ATTACHMENT B Location Map Showing Project • • • ,• CS.T.#0.101,06-105 Disfrici # 16-Corpus Christi • Code Chart 64.#•62136, 09400 Project: BR 2002 054) • Federal Highway Administration CFDA # 20.205 ATTACHMENT 134 Location Map Showing Project CS;r #0101 -06 -105. District # 16- Corpus Christi Code Chart 64 ##62136, 09800 Project: BR 2002 (454) . Federal Highway Administration CFDA # 20.205 ATTACHMENT C BUDGET ESTIMATE, SOURCE OF FUNDS AND WORK RESPONSIBILITIES The installation of the Harbor Bridge decorative lighting will be provided by the State and funded through Category 11 District Discretionary Funds in the amount of 1.2 million. The Local Governments, at no cost to the State, will be responsible for all maintenance and operation of the Harbor Bridge decorative lighting once installed. The cost for the design work, including furnishing • plans will be the responsibility of the Port, and the City then will reimburse the Port for half of the cost of the work. Maintenance and Operation shall include the maintenance and replacement of drivers, LED modules, fixtures, conductors, cable, conduit, electrical service, materials, equipment, labor, tools and incidentals to properly provide a functional Decorative Lighting System i fp � i B fti {1, rz,1 4 f t l yy��,, •h- a7: 1 i Z�^if S -2�=Y' '♦: ;1 .,:- sy M " ttt� rly + .}� WIF.: -'. :1 Y�s�:'4 i'M. •, •u.,ld q . 1• ,.k . K'rR+ .. J :ir t fe -k • C'rk� [ `I' • 4- 64' d?r"..a ti 4 Y- !0} S p F � s. e. 3 } cc��1�..{'3 rtrf, �# f,- , t".i•` Y r.R }i 1 •.�S `µL ,'' s, r4 rn • 'r` rl G''.€,°,�1i{3,ha' -f y � .!?i'f+i• F (,LL' .`;J.LrrJ '.. : •n l C' `nr,N "'?�.R �u !�i' Y�'0, - ... ,. .•5.j 75 , i l. r:1�'.S.i, .b, 96,000 o V ' yyi - E! ' I 1 : '�p 9R},,,-iFY i2^* , % f -f-`v4 ;:i�5'�. }_ J•9 '�`,j �, i" F "A1 Yl 'rf �' 1 ..,_ •.r.N .t . . N: _ t.'.. : -n- :;. .';;; i�t: ,.:ra. yes r r iF: ; , r 9 � -¢-g. :�:':a� '�•rj��. r.. ly - ti E.P. � xy k � • . , t� } S 4444'.4•17 - u'T•-. y.� 7y? , sr- v � i5 1: r� ti dtr."x �1.;._ �.EY ]iSf yam. "i5 F r� M 1 .( f' •g�ir1: Y•Y.'r«.:;i:'. } ••..r. 1.4 n Z,., 4••, R$$�� L r,rry„'ri�'+s: IL(, , . ;,,, y - :-',, A tea �' `lf 1 r5� �'..,F �, 48,000 00 o ... v t � ; • Il,�S� 6 4 Xi - �[•.. }} ° �A�} 'W+y rk Y .yx �' y,�,?.. r]` - k. fiTwN21T p�.L ' },5 y;i. .' al`•-.•- r,',,, �,.,. t .. i , f.�u.Y C.,r_ J7. i.AL:.'1, uY. •a�, ry, �t!,;. b . +,, ,AV ... •M 3 y-:. R 1� ,h�.: 1 1.. i 4 w , 1, 48,000 r . . _,. iy ' � 9 �{ t i 1 5'h':ewr '� t+It �' � sy.,� I1 t� ..,. . . t•.,, 3 S n •r,9,i•r�- y:s,�•?71Y .-e >.• .r5,1•�- '%AS.tyr" r:'ii^. i.,w Y,,a Y ..?Y - ull .,,.ri:: �` ' Engineering (PE) Construction 1,200,000 1,200,000 Maintenance ' and Operation 500,000 250,000 '250,000 `,k�r�,. ,,,4_..xw• ?` TA O :, :, .....1f, .z1.?" . r :�',C,, Jbr:' .H r !9� r; =*r+�� .r r.Lbiv >{S 1 'r:, i t :: � ' x: 0.,,•I , s: •,e, iYR:fs' �.:::"� �F[:c3a A ., s�`:�s.: ]:...2': :`y5 c , - ) _- 4 -F_ pile: : + G}. pile: � ir'�..s : x 1..4Y. SN .,L... .7 • "'R! #.4 , +; wb 6 ..,x S ar WOO +•`es{ . �.r. . v 3.. i - {; R;a e +{i -T. f•`r - i: '�ir- �{.r. Mgr ;: �,...' ,.r_ d' :.i 'fry x ��rPi[:r'°n:jr sY., ,,�e��`��:'�'i Direct State Cost (4 %) .68,000 • , 68,000 —�'r Indirect State Cost —" - },, .i. �I,...'; Pro"ci ': T:, f. �•• f r , a , �.r.I.� ..f.. .,,�,� °1 4 : 1 ' �Qi,i:' } } ,r=- s tid 5 .,,...:k :z, tI tl;4 p' sly, rx!�- .•'et. ...7....•as .,,•. ,; i.:l. .- eft "':4,:.. f�'"' ni,.. '.w.. ;.r,..,': x.. t ris:a.;•:'',. > [ s- � yY F '. ' .., u-- .C..1..'.J. t'7:v •:.1: 'S;f r :is. ��'i� ,i, �yp� •: ;i;, 't k} _;, J -P' V?JQ;f 4d .!S�f F �,k$ J rx J . ?' SL jk A3,... ��' rFr r >.;: -5.. .ti +�t., :;ir" tr:;' ^'�: !� :fir:,. k t•Y.. t r: ' '`'rL,as A, Ir.' �, ,', R • -_ '' T Y P.f.>,kf'; ' r ,.. Q;: �y r' 4••.t >» . 5?Y,,,.- , : fx , z i 9' ! f a �te.=yv,s.:Js,,.f. STATE OF TEXAS § COUNTY OF TRAVIS § • CBJ: #Di'.0i 06 -105 . • District strict #_ .1 6- Corpus Christi . Code Chart 64 # 62136, 09800 Project: BR 2002 (454).. Fedora' Highway Administration CFDA # 20.205 LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A Category 11 District Discretionary Funding On System Project THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation hereinafter called the "Staten, and the City of Corpus Christi (City), and the Port of Corpus Christi (Port), each acting by and through its duly authorized officials, hereinafter jointly called the "Local Governments." WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with Local Governments; and WHEREAS, federal and state laws require Local Governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order 111335, authorizing the State to undertake and complete a highway Improvement generally described as the installation, operation and maintenance of decorative lighting on the Harbor Bridge, US 181, on- system project and; WHEREAS, The Local Governments will be solely responsible for the operation and maintenance of the decorative lighting and, WHEREAS, the Governing. Body f each Local Government has approved entering into this Agreement by resolution, dated fpN A 010 for the Port and dated .7 btG a,p /d for the City, respectively, which are attached hereto and made a part hereof as Attachment "A" for construction, maintenance and Operation of decorative lighting of Harbor Bridge at the location shown on the Map in Attachment "B ", attached hereto and made a part hereof, hereinafter referred to • as the Project. . 2010 -545 Res. 028874 • 12/07/10 TxIOT and Port of Corpus Christi Page' 1 of 12 .: ; Revised 16-14710 .. • CSJ 0101 -06 -105. . -District #- 16- Coipus Christi' ..Code Chart 64.# 62136, 09800 Project; BR 2002 (454) • Federal Highway Administration CFDA # 20,205 • NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work The scope of work is described as the installation, maintenance and operations of decorative lighting on the Harbor Bridge, US 181. 3. Local Project Sources and Uses of Funds a. The total estimated cost of the Project is shown in the Project Budget - Attachment "C" which is attached hereto and made a part hereof. The expected cash contributions from the federal or State government, the Local Governments, or other parties is shown in Attachment "C ". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Governments for any work performed before the issuance of a formal Letter of Authority by the Federal Highway Administration. The Local Governments are responsible for 100% of the cost of any work performed under its direction or control before the federal Letter of Authority is formally issued. If either of the Local Governments will perform any work under this contract for which reimbursement wili,be provided by or through the State, the Local Government(s) must complete training before a letter of authority is issued. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Governments Project Procedures Qualification for the Texas Department of Transportation. The Local Government(s) shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local_ Government(s) or an employee of a firm that has been contracted by the Local Government(s) to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government(s) has not designated a qualified individual to oversee the Project. b. This project cost estimate shows- how necessary resources for completing the project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and :construction management; and (6) any other local' project costs. c. The. State will be responsible for securing the Federal and State share of the funding required, for, the development and construction of the local' project. If the Local . AFe ik /i ■LongGen • Page .2 of 1.2 Revised 1041 -10 .CCSJ OM-06-105 District # 1 6-Corpus Christi "Code Chart 64 # 62136, 09800 - Project: BR 20C1.(44) Federal Highway Administration CFDA # 20.205 Government(s) is due funds for expenses incurred, these funds will be reimbursed to the Local Government(s) on a cost basis. d. Each of the Local Governments will be equally responsible, fifty percent (50%) per Local Government, for all non - federal or non -State participation costs associated with the Project, including any overruns in excess of the approved local project budget unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. e. Prior to the performance of any engineering review work by the State, each of the Local Governments will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal each Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, each the Local Governments shall remit their remaining financial share for the State's estimated construction oversight and construction cost. f. In the event that the State determines that additional funding by the Local Govemments is required at any time during the Project, the State will notify each Local Government in writing. Each Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. g. Whenever funds are paid by the Local Governments to the State under this Agreement, each Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to the State Project. h. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by either of the Local Governments, the State, or the Federal government will be promptly paid by the owing party. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. 1. The State will not pay interest on any funds provided by the Local Governments. j. If a waiver has been granted, the State will not charge the Local Governments for the indirect costs the State incurs on the local project, unless this Agreement is terminated at the request of the Local Governments prior to completion of the project, k. If the project has been approved for a'iixed price" or an `incremental payment" non- standard funding or payment arrangement under 43 TAG §15.52, the budget in Attachment "C" will clearly state the amount of the fixed price or the incremental payment schedule. 1. If either of the Local Governments are an Economically Disadvantaged County and if the State has approved adjustments to the standard financing arrangement, this Agreement reflects those adjustments. m. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance Of funds directly udder the contract or indirectly through a "subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction•of the .legislative audit committee, to conduct an audit or. • investigation' in connect* with those funds. An entity that's the subject of an audit or AFA- AFA►_. LongGei . :Page 3. of 1 Revised 10 -11 -10 • • • • CSJ: #0101 - 06_105 - Distriet ## 16- .Corpus Christi Code Chart 64 # 62136, 09800 Project: 'Bit 2002 (454) ' • Federal Highway Administration CFDA # 20.205 investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. n. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated hinds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. The State will not execute the contract for the construction of the project until the required funding has been made available by the Local Governments in accordance with this Agreement. 4. Termination of this Agreement This Agreement shall remain in effect until the project is completed and accepted by all parties, unless: a. the Agreement is terminated in writing with the mutual consent of the parties; b. the Agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; or c. the Local Governments elect not to provide funding after the completion of preliminary engineering, specifications and estimates (PS&E) and the Project does not proceed because of insufficient funds, in which case the Local Governments agrees to reimburse the State for its reasonable actual costs incurred during the Project. 5. Amendments Amendments to this Agreement due to changes in the character of the work or terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Utilities Each of the Local Governments shall be equally responsible, fifty percent (50 %) per Local Government, for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Governments failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of - construction. The Local Governments will not be reimbursed with federal or state funds ,for the cost of required utility work: The Local Govemments must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Governments shall provide, at the State's request, a certification stating that the Local Governments has completed the adjustment of all utilities that must be adjusted before construction is completed. AFA:AFA L•'ongGer :Page 4 of 12.' Revised .10 -fit -10 .CSJ #010:1.06 -105- District # 16-Corpus Christi . ' -Code Chart 64 # 62136, 09800 Projects • BR.2002 (454) Federal Highway Administration CFDA # 20.205 8. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. a. The State is responsible for the identification and assessment of any environmental problems associated with the development . of a local project governed by this Agreement. b. The State is responsible for the cost of any environmental problem's mitigation and remediation. - c. The State is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. d. The State is responsible for the preparation of the NEPA documents required for the environmental clearance of this project. e. The State shall provide written certification from appropriate regulatory agency(ies) that identified environmental problems have been remediated. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-338) (ADA). 10. Architectural and Engineering Services The Local Government, known as the Port, has responsibility for the performance of architectural and engineering services. "The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, and the special specification and special provisions related thereto.” For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum conform to applicable American Association of State Highway and Transportation Officials design standards. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional services contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs)., ADA; and environmental matters. - ..AFA- AFA „LongGer1 Page 5 .of 12 Revised 19=11 -10 CSJ #0101- 06.1.05 District. #i'6 - Corpus Christi. • Code Chart 64 #62136, 09800 Project: BR 2002 (454) e Federal Highway Administration CFDA # 20.205 11. Construction Responsibilities a. The State shall advertise for construction bids, issue bid proposals, receive and - tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supptemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. b. The State will use its approved contract letting and award procedures to let and award the construction contract. c. Prior to their execution, each of the Local Governments will be given the opportunity to review contract change orders that will result in an increase in cost to the Local Governments. d. Upon completion of the Project, the party constructing the project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. e. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA -1273" in the contract bidding documents. if force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 12. Project Maintenance The Local Governments shall be equally responsible, fifty percent (50 %) per Local Government, for maintenance of the decorative lighting on the Harbor Bridge, which is an on -state system location after completion of the work. 13. Right of Way and Real Property The State is responsible for the provision and acquisition of any needed right of way or real property. 14. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: Local Governments: City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 -9277. State: Director of Contract Services Texas Department of Transportation 125 E..1 I th Austin, Texas 78701 • AFAAFA_LongGor Pepe 6.. of_ 1.: . ' Revised '10 -m =10 • - 9 5- Local Governments; Executive Director Port of Corpus Christi P.O. Box 1541 Corpus Christi, TX 78403 1.! CSJ #41.0106 -105 District # 16- Coiipus Christi. ' Code .Chart 6.4 # 62136, 09800 Project: BR. 2002 (454) Federal Highway Administration CFDA # 20.205 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Any of the parties may change the above address by sending written notice of the change to each of the parties. Any of the parties may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other parties. 15. Legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 16. Responsibilities of the Parties The State and the Local Governments agree none of the parties are an agent, servant, or employee of the other parties and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by either of the Local Governments shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Governments. At the request.of.the State, the Local Governments shall submit any information required by the State in the format directed by the State. 18. Compliance with Laws The parties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or.administrative bodies or tribunals in any manner-affecting the performance of this Agreement. When required, • the Local Governments shall furnish the State with satisfactory proof of this compliance. • AM-AFA :LongGen• • .CSJ #0101.06 -10 • ' District # I6- Corpug Christi•. b)cid.theit 64 # 62136, 09800 Project: 'BR 2002 054) Federal Highway Administration ' CFDA # 20.205 • 19. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A -87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 22, Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records-and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Governments, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S, Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this Contract or until any impending litigation, or claims are resolved, Additionally, the State, the Local Governments, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. Whenever American Recovery and Reinvestment Act of 2009 (ARRA) funds are used and if either of the Local Governments is performing any work, either directly or through a contractor, it must comply with the following provisions. If any of Local Governments are receiving ARRA funds, but is not performing any work, the following provisions apply, if appropriate, and to the extent necessary to comply with ARRA regulations. In accordance with Section 902 ARRA, should this agreement involve the expenditure of ARRA funds, then the U.S. Comptroller General and its representatives shall have the authority to: a.- examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to the contract or subcontract; and b. interview any officer or employee of the contractor or any of its subcontractors, or any State or local agency administering the contract regarding such contracts. Nothing in the section previously-mentioned shall be interpreted to limit or restrict in any way the existing authority of the Comptroller. General. :.AFA -AFA ngGen . Page .8 of.1. • Revised 10-11.-10 CSJ #0101= 0&1.05. District #.1.6- Corpus Christi Code Chart 64 if 6213.5; 0.9800 Project BR 2002 (454y Federal Highway Administration CFDA ## 20.205 in accordance with Section 1515(a) of the ARRA, with respect to each contract or grant awarded using covered funds, any representative of an appropriate inspector general appointed under Section 3 or 8G of the inspector General Act of 1978 (5 U.S.C. App.), is authorized: a. to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to and involve transactions relating to the contract, subcontract, grant, or subgrant; and b. to interview any officer or employee of the contractor, grantee or subgrantee, or agency regarding such transactions. Section 1515(b) further provides that nothing in the section previously mentioned shall be interpreted to limit or restrict in any way the existing authority of an inspector general. The ARRA requires that the Contractor report monthly employment information for its firm as well as that of all of its subcontractors. The Contractor, similarly, shall include this reporting requirement in all of its subcontracts. Failing to include the requirement in agreements with subcontractors can serve as grounds for contract termination. Form FHWA -1589, Monthly Employment Reoort, promulgated by the Federal Highway Administration (FHWA), captures the necessary monthly employment information and shall be submitted by the Contractor on a regular basis to the LG (Local Governments). It is the responsibility of the LG to obtain this form from the prime Contractor and arty subcontractors and, the LG shall verify the accuracy, completeness, and reasonableness of the data contained in the form. The LG shall ensure that this form is submitted by the LG to the State according to the policies and at the direction of the State. In order to meet any other FHWA and ARRA reporting requirements, the LG shall provide to the State all information requested by the State, including data or information in possession of contractors and subcontractors for completing other necessary reporting forms, and the information shall be submitted in the manner required and according to all due dates as set by the State. Furthermore, the ARRA mandates that the U.S. Comptroller General's Office shall have authority to examine the records of the contractor, subcontractor, or local agency relating to the project at any time. 23. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133. Whenever funds from the American ARRA are distributed to either of the Local Governments, the Local Government must cornplete its Schedule of Expenditures of Federal Awards (SEFA) and the bate Collection Form (SF -$AC), as required by OMB Circular A-133, and separately.identffy any ARRA expenditures for Federal Awards. • AFA-AFA,:LongGen.... Page 9 of 12 . Revised 10-11--1 . l• •CSJ #01014/6105 . District # 16- Corpus Christi Code Chart &4 ## 62136, 09800 Project: BR. 2002 (454) Federal Highway Administration CFDA # 20.205 24. Civil Rights Compliance The Local Governments shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 25. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged /Minority Business Enterprise Program requirements established in 49 CFR Part 26. 26. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this agreement, neither of the Local Governments certify that they are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of the certification. 27. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering • into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, loans, or cooperative agreements, the signatories for the Local Governments shall complete and submit the federal Standard Form -LLL, "Disclosure Form to Report Lobbying," in • accordance with its instructions. c. The parties shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. • AFA AFA LongGeri Page .1.0 Of 12 :.. Revised :10 -11 -10 c5J 0101 -06 -1.05 Disfriet # 16- Corpus Christi Cede' Chart.64 # 62136, 09800,. Project: DR 2002 (454), • - Federal Highway Administration CFDA # 20.205 By executing this Agreement, the parties affirm this lobbying certification with respect to the individual projects and affirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 28. Insurance If this agreement authorizes either of the Local Governments or its contractor to perf=orm any work an State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. if coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 29. Signatory Warranty The signatories to this Agreement warrant that each has the authority to enter into this Agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in triplicate counterparts. The City of Corpus Christi Printed Name Title Date The Port of Gor; Name LroAn Printed Name e° C ttr SUP Diricky Title DECI 41010 P ukke, Date CSd #0101 -o6 =1:05 • Distri ct ##..1-6- Corpus Christi. Code Chart 64 it 62136, 09800 -Project: hit 2002 (.454) Federal HigbwayAdministratian CFDA # 20.205 •YYY�y SECIE'i'Ai' ARMAt4D0 CHAPA SECF T THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating andlor carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. -c e nice Mulienix irectar of Contract Services Texas Department of Transportation STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT AMENDMENT # 1 CSJ #: 0101 -06 -105 District #: 16 — Corpus Christi Code Chart 64 #: 62136, 09800 Protect: BR 2002 (454) Federal Highway Administration CFDA # 20.205 THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Corpus Christi (City), and the Port of Corpus Christi (Port), each acting by and through its duly authorized officials, hereinafter jointly called the "Local Governments." WITNESSETH WHEREAS, the State and the Local Government executed a contract on the 10th day of January, 2011, to effectuate their agreement to install, operate and maintain decorative lighting on the Harbor Bridge, US 181, on-system project; and, WHEREAS. the Local Governments are now contributing $800,000 for Construction Costs; and, WHEREAS, it has become necessary to amend that contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Government do agree as follows: AGREEMENT Article 1. Description of Amended Items Articles 3.d., 7 and 12 of the executed Advance Funding Agreement are voided and replaced with the following; 3. Local Project Sources and Uses of Funds d. Each of the Local Governments will be responsible for all non - federal or non -State participation costs associated with this Project as noted in Attachment C -1, including any overruns in excess of the approved local project budget unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. 7. Utilities Each of the Local Governments shall be equally responsible, fifty percent (50%), for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Governments failure to ensure that utility facilities are removed, or relocated before the scheduled beginning of construction. The Local Governments will not be reimbursed with federal or state funds for the cost of required utility work. The Local Governments must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Governments shall provide, at the State's request, a certification stating that the Local Governments has completed the adjustment of all utilities that must be adjusted before construction is completed. The Local Governments are responsible for all costs Incurred due to utilities after the completion of the project, 12. Project Maintenance The Local Governments shall be equally responsible, fifty percent (50%), for maintenance of the decorative lighting on the Harbor Bridge, which is an on -state system location after completion of the work. The Local Governments are responsible for all costs Incurred due to maintenance and operation after the completion of the project, AFA --AAFA Amend Page �f Revised 10-11-10 CSJ #: 0101 -06 -105 District #: 16 — Corpus Christi . Code Chart 64 #: 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 Attachment "C" of the executed Advance Funding Agreement is being deleted in its entirety and replaced with Attachment C -1, contained herein. Ail other provisions of the original contract are unchanged and remain in full force and effect. Article 2. Signatory Warranty The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization represented. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement THE LOCAL GOVERNMENT The City of Corpus Christi Name of Local Government By: Signature Printed Name City Manager Title Date THE LOCAL GOVERNMENT The Port of Cornu(Christi Name of Local Government By: Signature Printed Name Executive Director Title Date AFA AFA Amend Page 9 THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and /or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Signature Janice Mullenix Director of Contract Services Date Revised 10 -11 -10 CSJ #: 0101 -06 -105 District #: 16 — Corpus Christi Code Chart 64 #: 62136, 09800 Protect: BR 2002 (454) Federal Highway Administration CFDA# 20.205 ATTACHMENT C -1 BUDGET ESTIMATE, SOURCE OF FUNDS AND WORK RESPONSIBILITIES The installation of the Harbor Bridge decorative lighting will be provided by the State and funded through Category 11 District Discretionary Funds in the amount of $1,211,000.00. The Local Governments' contribution for Construction Costs will be $800,000.00. The Local Governments, at no cost to the State, will, be responsible for all utility, maintenance and operation of the Harbor Bridge decorative lighting once installed. The cost for the design work, including furnishing plans will be the responsibility of the Port, and the City then will reimburse the Port for half of the cost of the work. Maintenance and Operation shall include the maintenance and replacement of drivers, LED modules, fixtures, conductors, cable, conduit, electrical service, materials, equipment, labor, tools and incidentals to properly provide a functional Decorative Lighting System. Engineering (PE) Construction Utility, Maintenance and O ►eration Direct State Cost (4%) $96,000 $2,011,000 $0 it 3,9k 1 so $0 $84,280 so $1,211,000 $0 $48,000 $550,000 $o $0 $84,280 $48,000 $250,000 so • I $0 so `v5 • pt i I,!` ?/!d�l���: The Local Governments are responsible for all utility, maintenance and operation costs after the completion of the project. Direct State Costs will be based on actual charges. It is understood that the above costs are estimates only. Final participation amounts will be based an actual charges to the project. Page 1 of 1 —105— Attachment C -1 Page 1 of 1 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AMENDMENT NO. 1 TO THE ADVANCE FUNDING AGREEMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION AND PORT OF CORPUS CHRISTI ( "PORT ") REGARDING DECORATIVE LIGHTING OF THE HARBOR BRIDGE, TO INCREASE PROJECT ESTIMATE FROM $1,864,000 TO $2,191,280; ADJUST CITY FUNDING PARTICIPATION FROM $298,000 TO $598,000, AND ALSO PROVIDE FOR CITY AND PORT TO EQUALLY SHARE UTILITIES AND OPERATION COSTS. WHEREAS, the City of Corpus Christi previously entered into a Local Transportation Project Advance Funding Agreement with Texas Department of Transportation and the Port of Corpus Christi for the Harbor Bridge lighting project ( "Agreement "); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi hereby approves the Amendment No. 1 to the Agreement which will increase Harbor Bridge decorative lighting project estimate from $1,864,000 to $2,191,280, adjust City funding participation from $298,000 to $598,000, and also provide for City to pay equal share with Port of Corpus Christi of the utilities and operation costs for the Harbor Bridge decorative lighting. SECTION 2. That the City Manager, or designee, is authorized to execute said Amendment No. 1 to the Agreement, which is attached hereto as an Exhibit. ATTEST: Armando Chapa City Secretary APPROVED: April 14, 2011 Lisa Aguiia�,,Assistant City Attorney for the City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT AMENDMENT # 1 CSJ #: 0101 -06 -105 District #: 16 — Corpus Christi Code Chart 64 #: 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Corpus Christi (City), and the Port -of Corpus Christi (Port), each acting by and through its duly authorized officials, hereinafter jointly called the "Local Governments." WITNESSETH WHEREAS, the State and the Local Government executed a contract on the 101h day of January, 2011, to effectuate their agreement to install, operate and maintain decorative lighting on the Harbor Bridge, US 181, on- system project; and, WHEREAS, the Local Governments are now contributing $800,000 for Construction Costs; and, WHEREAS, it has become necessary to amend that contract; NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the. State and the Local Government do agree as follows: AGREEMENT Article 1. Description of Amended Items Articles 3.d., 7 and 12 of the executed Advance Funding Agreement are voided and replaced with the following: 3. Local Project Sources and Uses of Funds d. Each of the Local Governments will be responsible for all non - federal or non -State participation costs associated with this Project as noted in Attachment C -1, including any overruns in excess of the approved local project budget unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. 7. Utilities Each of the Local Governments shall be equally responsible, fifty percent (50 %), for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Govemments failure to ensure that utility facilities are adjusted, Tremoved, or relocated before the scheduled beginning of construction. The Local Governments will not be reimbursed with federal or state funds for the cost of required utility work. The Local Governments must obtain advance approval for any variance from established• procedures. Before a construction contract is let, the Local Governments shall provide, at the State's request, a certification stating that the Local Governments has completed the adjustment of all utilities that must be adjusted before construction is completed. The Local Governments are responsible for all costs incurred due to utilities after the completion of the project. 12. Project Maintenance The Local Governments shall be equally responsible, fifty percent (50 %), for maintenance of the decorative lighting on the Harbor Bridge, which is an on -state system location after completion of the work. The Local Governments are responsible for all costs incurred due to maintenance and operation after the completion of the project. AFA—AFA_Amend -108 - Page 1 of 2 Revised 10 -11 -10 CSJ #: 0101 -06 -105 District #: 16 — Corpus Christi Code Chart 64 #: 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 Attachment "C" of the executed Advance Funding Agreement is being deleted in its entirety and replaced with Attachment C -1, contained herein. All other provisions of the original contract are unchanged and remain in full force and effect. Article 2. Signatory Warranty The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization represented. IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE LOCAL GOVERNMENT The City of Corpus Christi Name of Local. Government By: Signature Printed Name By: THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Citv Manager Janice Mullenix Signature Title Director of Contract Services Date THE LOCAL GOVERNMENT The Port of Corpus Christi Name of Local Government By: Signature Printed Name Executive Director Title Date AFA AFA Amend Date -109 — Page 2 of 2 Revised 10 -11 -10 CSJ #: 0101 -06 -105 District #: 16 — Corpus Christi Code Chart 64 #: 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 ATTACHMENT C -1 BUDGET ESTIMATE, SOURCE OF FUNDS AND WORK RESPONSIBILITIES The installation of the Harbor Bridge decorative lighting will be provided by the State and funded through Category 11 District Discretionary Funds in the amount of $1,211,000.00. The Local Governments' contribution for Construction Costs will be $800,000.00. The Local Governments, at no cost to the State, will be responsible for all utility, maintenance and operation of the Harbor Bridge decorative lighting once installed. The cost for the design work, including furnishing plans will be the responsibility of the Port, and the City then will reimburse the Port for half of the cost of the work. Maintenance and Operation shall include the maintenance and replacement of drivers, LED modules, fixtures, conductors, cable, conduit, electrical service, materials, equipment, labor, tools and incidentals to properly provide a functional Decorative Lighting System. Engineering (PE) '$96,000 $0 $0 $48,000 $48, 000 Construction $2,011,000 $0 $1,211,000 $550,000 $250,000 Utility, Maintenance and Operation Total Cost $0 $o $o $o $o Direct State Cost (4 %) Total Project Cthst :4107,0:00 .. $84,280 • $1,211,000:: $0 $84,280 $50000 $0 29$;t)X $0 $2,191;2$0.:- .: $1,295,284 $59%001 . .$298 ;O00 The Local Governments are responsible for all'utility, maintenance and operation costs after the completion of the project. Direct State Costs will be based on actual charges. It is understood that the above costs are estimates only. Final participation amounts will be based on actual charges to the project. Pageel 119T1 Attachment C -1 9 AGENDA MEMORANDUM DATE: April 19, 2011 SUBJECT: Fire Station No. 5 Relocation (Project #5245) AGENDA ITEM: A. Ordinance Appropriating $193,800.00 in the Fund No. 3350 "Public Health and Safety CIP Fund" from Anticipated Reimbursements to be Paid by the Corpus Christi Independent School District in Accordance with the Interlocal Cooperation Agreement, for the demolition, clearance and other charges associated with the Relocation of Fire Station No. 5; Changing the FY 2011 Capital Budget adopted on March 8, 2011 by Ordinance No. 028995 to increase Revenues Appropriations by $193,800.00 each. B. Motion authorizing the City Manager, or designee, to execute a professional architectural services agreement with Solka Nava Torno, Inc. of Corpus Christi, Texas in an estimated amount not to exceed $211,810.00 for the Fire Station No. 5 Relocation Project. ISSUE: Fire Station No. 5 has reached the end of its economic service life. The facility cannot accommodate certain larger fire trucks and other apparatus. Architectural services are required to prepare plans, specifications, and contract documents to allow the City to proceed with the construction of the new relocated station. The Relocation of Fire Station No. 5 was approved by the voters as part of Proposition 2 of the 2008 Bond Election. Architectural services are necessary to proceed with the project as approved by voters. RECOMMENDATION: Approval of the ordinance and motion as presented. Richard Hooks Fire Chief 361 - 826 -3932 RLHacctexas.com Attachments: A. Additional Information B. Prior Actions C. Contract Summary D. Budget E. Site Map Pete Anaya, P.E. Director of Engineering Services 361- 826 -3781 petean @cctexas.com H:IHOMESVeImaP \GENWIRE OEPARTMENT15245 FIRE STATION NO. 5 RELOCATIOlIF. WOMemo (KS).doc ADDITIONAL INFORMATION SUBJECT: Fire Station No. 5 Relocation (Project #5245) CONTRACT: The contract authorizes the Consultant to provide the basic architectural services necessary to prepare plans, specifications, and contract documents to advertise for bids to construct the station. The contract also authorizes architectural bid and construction phase necessary to complete the project. Additional services will be authorized as necessary for required environmental and state permits, surveying, coordination and other services. A contract summary is attached. See Exhibit C. BACKGROUND: The current station is undersized and beyond the serviceable life for the structure and mechanical systems. The November 2008 Bond Election provided for a new fire station to be constructed and all existing personnel and equipment to be relocated. The new station will be located on property at Miller High School and provide a separate multiple use facility for the City and District to use in lieu of rent payments. The location will enable the City and District to generate a greater familiarity of fire and public safety among students. The proposed facility consists of an approximately 6,500 square foot fire station and an 800 square foot joint use facility foot facility for City and District use in lieu of rent. The facility will include required parking, landscaping and other improvements. CONSULTANT SELECTION: The consultant was selected as the most qualified responding firm to the RFP2008 -05 selection process for the project. The firm has prior experience with public safety facilities and fire stations. FUNDING: Funding is available from the Fire Improvements CIP Fund. Corpus Christi Independent School District (CCISD) is providing $193,800.00 toward the project for demolition, clearance, and other charges for the project. H: 1HOME1 KEVINSIGEN IFIREISTA #51AEAWDBKGExhA.doc —1 1 4— EXHIBIT "A" Page 1 of 1 PRIOR ACTIONS SUBJECT: Fire Station No. 5 Relocation (Project #5245) PRIOR COUNCIL ACTION: 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) 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) February 8, 2011 -- Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement and a Ground Lease with the Corpus Christi Independent School District (CCISD) for a 0.993 acre tract of land (43.255 square feet) of the Seven Oaks Addition to build a new Fire Station Number Five and an 800 square - foot Joint Use Facility to be used for CCISD educational purposes and for City business for a term of fifty (50) years (Resolution No. 028945). March 8, 2011 — Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100 (Ordinance No. 028995). PRIOR ADMINISTRATIVE ACTION: 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). 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 Iocal and 120 non - local). 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 Iocal and 120 non - local). Exhibit B Page 1 of 1 —1 1 5— CONTRACT SUMMARY 1. SCOPE OF PROJECT (Fire Station No. 5 Relocation — Project No. 5245) The current station is undersized and beyond the serviceable life for the structure and mechanical systems. The November 2008 Bond Election provided for a new fire station to be constructed and all existing personnel and equipment to be relocated. The new station will be located on property at Miller High School and provide a separate multiple use facility of approximately 800 -sf in size including restrooms for the City and District to use. The proposed facility will be approximately 6,500 -sf and include parking for fire personnel. The project will include required demolition, clearance, environmental coordination, basic design, bid and construction phase services necessary to produce the specifications, plans, bid and contract documents necessary to demolish existing buildings and structures, and to construct a new Fire Station No. 5 and separate multiple use facility. The A/E will provide additional services as authorized required for the project, and have issued the required certifications and a certificate of occupancy. A. Basic Services. 1. Preliminary Phase. The Architect/Engineer -NE will: a. Provide scope of soil investigations, borings, and laboratory testing and make recommendations to the City. Coordinate all required services with the Geotech Lab. (The City Engineering Services 'Department will provide necessary soil investigation and testing under one or more separate contracts.) b. Confer with the City staff at the start of this phase regarding the design parameters of the Project. The Engineer will participate in a minimum of one (1) formal meeting with City staff, provide agenda and purpose for each formai meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The NE will discuss the project with the operating department (Water, Wastewater, Gas, Storm Water, Streets, etc.) and other agencies, including but not limited to the Texas. Department of Transportation (TxDOT) and Texas Commission on Environmental Quality (TCEQ) as required to satisfactorily complete the Project. c. Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report of identified feasible alternatives, and review with City staff to produce an acceptable format. The Draft Engineering Letter Report will include the following (with CONSTRUCTABILITY being a major element in all the following items): 1) Review the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project. The NE will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs of the Project site, list of potential problems and possible conflicts, intent of design, H: Sh a red/Ke v i ns /Ge nJF i re/ S to 51AEAwd S u mt E xh C —116— EXHIBIT "C" Page 1 of 8 and improvements required, and conformance to relevant Master Plan(s). 3) Identify results of site field investigation including site findings, existing conditions, potential right of way /easements to be acquired, and probable Project design solutions (which are common to municipalities), in accordance with S.U.E. (Subsurface Utility Exploration) standards (CI /ASCE 38 -02). Subsurface investigation will be paid as an additional service. 4) Provide a presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABILUTY). 5) Advise of environmental site evaluations and archeology reports that are needed for the Project (environmental issues and archeological services to be an Additional Service). 6) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 7) Confer, discuss, and meet with City operating department(s) and Engineering Services staff to produce a cohesive, well- defined proposed scope of design, probable cost estimates and design alternatives. 8) Provide a letter stating that the A/E and Sub - consultant Engineers have checked and reviewed the Draft Engineering Letter Report prior to submission, d. Assimilate all review comments of the Draft Engineering Letter Report (if any) and provide one (1) set of the Final Engineering Letter Report (electronic and hard copies using City Standards as applicable) suitable for reproduction. Said Final Engineering Letter Report henceforth becomes the sole property and ownership of the City of Corpus Christi. 2. Design Phase. the A/E will: a. Study, verify, and implement Engineering Letter Report recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. b. Prepare one (1) set of the construction bid and contract documents (electronic and full -size hard copies using City Standards as applicable), including contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. tt: Shared /Kevi ns /Ge n!Fl re/Ste5 /AEAwdSumtE_xhC —117— EXHIBIT "C" Page 2 of 8 -811- Si0SaBed «3 IISIHX3 04x3] u<n s pmvavissi s!an 3 /us g /surnewpsag 4S: H s9!doo peg pue oiuoJ;Oala) s ;uewnoop ;oer ;uoo pue sueid leu!J ay} 40 ;es (G) 9110 ep!AOJd 'seoimeS 6up9au!6u3 40 Jo }OaJIQ eq; Aq Ienoldde uodn •f ;uew}Jedaa 6uue9ui6ug 01I.}eJ1, A }!O 9Li1 Aq pa }eau!Iap se pue 'uo!Tezileu6is `64!J ;s pue s6upjJew `uoi }eulwnll! 'veld IOJ}uo3 o!}}EJl a Bulpnpu! siaJ }uoo °wag epinoJd `peiinbaa �l ! 'ow 'leo!r ;oeie leo!ueg3ew `l!n!O Tern ;onr ;s o; pe ;Iw!I ;ou ;nq Bu!pnpu! seu!Id!os!p Ile Jo aJn ;eu6!s epnpui pue `uoiss!wgns a; ro!rd a ;aldwoo ere pue `pennalnar 'pa)IOago ueaq eneq sle;}!wgns ag; 40 sesegd Ile ;o seulld!os!p 6ulraau!6ue Ile leg; 6ulrepep Je ; ;ei a ;!wgns limp 3N ;ue;lnsuoo -qng pue 3N ;ue ;Insuo0 eta .gels }!O Aq uol}0aJJOO pue uo!s!naJ 4o }Unowe anlssa0x9 ue a ;ePsseoau }0U op pue pe eu6!sep uo!}eidwoo weoJed ay} }oaI }aJ A!a;eJnOOe suol;eoi4!0ads Li }Inn s}uewnoop p!q a;9!dwoo pue sueid a}9idwo0 lain} pue '(paJ!nbeJ 4!) ieui} -aid `w!J9 }w aLi; }o !e }Pwgns ;mg aJnsue o} saanseew (00ryo) IOJ ;uoi I(Plen v90ueanssy APlena 9pinOJd Li •s }uedioped Bu!puodseJ -uou pue 6u!puodsal 40 If }l0 aslnpe pue 'suol }eo!410ads pue sueid eLi; o }w s}uawaa!nbej /Cue a}eaodaooul pue s }uewwoo ei!dwoO •s}soo aigegoad }0 sa}ewI}sa pas!AeJ Li }Inn sesodJnd Ienoldde pue M9lAaJ JoJ 44e ;s CPO oq o} (alge0!Idde se spJepue }S APO 6u!sn saldoo prey azls -11n} pue 0!u0J;Oala - Ie}Pwgns %06) s ;uawnoop piq pue sueid leu! } -aid eLi} }o ;es (I,) 9110 apinoJd •6 'peaOOJd o} a0! ;oN uodn `esegd ;x9110; paaooad pue suogaiepisuo! ;Ippe 'suol ;eo! }rpow 's ;u9wwo0 M9!n8J Ile a}ellw!ssy ; sn }e }s pue s}uawaJlnbeJ ;pied JOUMO • •O 49 `sane }ew9 }le `;so0 • s;uewaJ!nbaJ enbiun /fuy • suo! eo!}Ipads pJepue ;s -uoN • suol}EO!JIOeds paepue ;S • APO aqi 4o s;uawaJ!nbeJ 0i ;loads • '0 ;9 'A;!I!ge}onJ }suo3 • him pus adA} }uewpagw3 • /Linn pue s }uewe.lnbaJ }uawase3 • iqM pue s }uaweJ!nbaJ Pwaad • ALinn pue s }uewaainbei MOH • suo! }Galas 4o sasnld • JeLgoue Jam pa;0alas si lepelew auo I(qM • 'op 'Ie1Ja4e! adld • ez!g 6ulpllns Jo ez!S ed!d • :se Lions s }uawala /L9>i 6uiLisrn6u4s!p i[q ;oe[oad au; ezIJewwns pue goiLiM „AJewwns ani}noex3 ueld„ a s! sueid w!Ja ;ul aLi} 1.1 ;!nn par!nbam 'sal }! }ua pa;oage JALi }o Ile pue A[ ;r0 6u!pni0ui sa!PI! }n p9 ;Oa}}e 118 o} s ;11ewnoop p!q pue sueid Jo,} ;s!i uoi }ngrJ}sip }! ;u3pi .saloquew Amp Jo; we s/fs 6upegwnu s,A}!O aLi; as() -311'S el-; woij 6ui }Insej suol}enala and ;oadsaJ J!aq} pue s9Jn ;0n4s tau!' AMP }o suol ;e3ol Mous •A9AJns O!LideJ6odo} woJ} 6un.inseJ suoi}enala 64sixe Mous •s}soo uoi;onJ}suoo algegoJd }o sa;ewl ;s9 Li ;Inn sasodJnd Ienoldde pue meinaJ J0; 44e }s APO ay} 0; (eJgeolldde se spJepue ;s ' HO 6u!sn sa!doO pJELi azls -pn} pue o!u0J ;0ale - Ie;;lwgns %49) sueid w!ra ;u! au; }o ;as (I.) auo Lisluan� •s }uewAed pue ssei6oad Now; 0} psoJdde pseud e apinoJd II!nn alnpeq s uoi }anJ}suoo 9yl •ainpaLOS uo!ppnJ ;suoO papuewwooaJ ay} Li ;inn s }soo aigegoJd 40 sa ;ew!;se pue sale;uenb lain} eJedaJd p •(saouuas ieuol }!ppe J9pUn papnpui aq o }) uo1 ;0nJ;suo0 6upnp p9J9noOS1p eq stew leg} silos pa}eulwe ;uoo Joipue sle!Ja}ew snopJezeq Aue 40 iesodslp pue Builpueq '6upse; IL}.! }clap! 01 9OUE1s!SSB GPlnOJd •0 using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. k. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. m. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. n. Provide a Storm Water Pollution Prevention Plan, if required. 3. Bid Phase. The A/E will: a. Participate in the pre -bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the NE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. 4. Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractors price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia H :5 ha red!KevinsIG enlF ire15 ta51AEAwdS u mt ExhC —119— EXHIBIT "C" Page 4 of 8 format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image - viewing software available on the City's computer - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD -ROM, not on floppy disks. i. Review construction "red- line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file ( AutoCAD r.14 or later) of the record drawings within two (2) months of final acceptance of the project. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. B. Additional Services (ALLOWANCE) The A/E will, with written authorization by the Director of Engineering Services, do the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. Texas Department of Licensing and Regulation (TDLR ) b. City of Corpus Christi Building Permit 2. Topographic Survey and Parcel Descriptions. A/E will provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. A/E will submit individual parcel descriptions and survey plats to the City along with all title reports obtained in Section 2. A strip map showing all parcels required will be submitted along with parcel descriptions. The A/E will field mark and delineate all new right -of- way lines upon request of the City's Land Acquisition Division. 3. Environmental issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and /or contaminated soils that may be discovered during construction. 4. Construction Observation Services. Provide a project representative (PR) to provide periodic construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the NE shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows: H; S ha r ed iKevi n eG eniFi re1St a5M EAwa u m t Exh C -120- EXHIBIT "C" Page 5 of 8 1. General: PR will act as directed by and under the supervision of A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with NE and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of NE 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, AIE's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a weekly report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific H: SharedJKavinsIGenIFireJSta5 (AEAwdSumtExhC —121— EXHIBIT "C" Page 6 of 8 observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD -ROM at the rate of a minimum of two photographs per site visit, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A/E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 5. Renderings. Provide a maximum of two (2) architectural 3D color renderings for visualization and for promotional use by the City and Library Staff. 6. Public Art Coordination. Provide coordination and design assistance with public art installation. Ensure that there is appropriate allocation of space, supporting structure and integration into building design concept. 7. Coordination Fee: Furniture, Fixtures and Equipment (FF +E). Provide design coordination for integration of user - furnished furniture and equipment not included in scope of construction contract. Provide CAD layout assistance to ensure adequate space and function of furnishings and equipment such as computer desks, work stations, shelving, office equipment, etc. Coordinate color and material selection of FF +E with building design concept. 8. Basic Commissioning Services. Provide on -site services and verification for all start -up procedures during actual start up of major project components, systems, and related appurtenances if needed and required. 9. Windstorm Certification. Provide on -site services and _verification for all building components requiring windstorm certification such as new glazing system and roof replacement. Provide WPI -1 and WPI -2 certificates to Texas Department of Insurance. 10. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. H: Shared /Kevins!GenlF irefS ta51AEAwdSu mtExhC -122- EXHIBIT "C" Page 7 of 8 2. SCHEDULE The design process is anticipated to take approximately 8 months with receipt of bids in January 2012. Construction is anticipated to be complete no later than Januar 2013. 3. FEES Summary of Fees — Fire Station No. 5 (5245 I TOTAL BASIC SERVICES 1 Preliminary Phase $27,617.00 2 Design Phase 99,546.00 3 Bid Phase 3,110.00 4 Construction Phase 21,096.00 Subtotal Basic Services $151,369.00 ADDITIONAL SERVICES 1 Permit Preparation a. TDLR Review (ADA Compliance) b. City Building Permiting Subtotal Permit Preparation 1,320.00 2,730.00 4,050.00 2 Topographic Survey 6,559.00 3 Environmental Issues 3,000.00 4 Construction Observation Services 29,750.00 5 Renderings (2 maximum) 4,000.00 6 Public Art Design /Coordination 1,340.00 7 Coordination Fee: Furniture, Fixtures & Equipment 2,720.00 8 Basic Commissioning Services 2,000.00 9 Windstorm Certification 4,952.00 10 Warranty Phase 2,070.00 Subtotal Additional Services $60,441.00 TOTAL FEE $211,810.00 The estimated cost of construction of the Fire Station No. 5 is $1,761,500. The total basic services fee proposal for this project is $151,369. Therefore, the percentage of design cost to construction cost is 8.59 %. H: Shared /Kevins /Gen /FirefSta5 /AEAwdSumtExhC -123- EXHIBIT "C'' Page 8 of 8 FIRE STATION No. 5 RELOCATION (PROJECT NO, 5245) PROJECT BUDGET April 19, 2011 FUNDS AVAILABLE: ESTIMATED BUDGET Fire Improvement CIP Fund (CIP PHS 2) $ 2,100,000.00 Interlocal Agreement (CCISD) Resolution # 028945 $ 193,800.00 Total $ 2,293,800.00. FUNDS REQUIRED: Construction Cost (Estimated) $ 1,761,500.00 Construction Contingencies (8 %) 140,920.00 AIE Consultants (Solka Nava Torno, LLC) (Basic Services = $151,369 or 8.6% of Construction) 211 810.00 Material Inspection Testing & Laboratory Services (Kleinfelder) 38,000.00 Engineering Reimbursements 35,000.00 20,000.00 Finance Reimbursements Incidental Expenses (Printing, Advertising, etc.) 20,000.00 Public Art (1.25% of Construction) $ 22,019.00 Total $ 2,249,249.00 Variance 44,551.00 EXHIBIT "D" Page 1 of 1 \ Mproject \councilexhibits \exh5245. dwg CORPUS C3flus2f aly LOCATION MAP NOT TO SCALE BUFFALO ST. ROAD PROJECT #5245 VICINITY MAP NOT TO SCALE EXHIBIT "E" FIRE STATION No. 5 RELOCATION 1Zb CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 4/19/2011 miwwwwww Page 1 of 2 ORDINANCE APPROPRIATING $193,800.00 IN THE FUND NO. 3350 "PUBLIC HEALTH AND SAFETY CIP FUND" FROM ANTICIPATED REIMBURSEMENTS TO BE PAID BY THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT IN ACCORDANCE WITH THE INTERLOCAL COOPERATION AGREEMENT, FOR THE DEMOLITION, CLEARANCE, AND OTHER CHARGES ASSOCIATED WITH THE RELOCATION OF FIRE STATION NO. 5; CHANGING THE FY 2011 CAPITAL BUDGET ADOPTED ON MARCH 8, 2011 BY ORDINANCE NO. 028995 TO INCREASE REVENUES AND APPROPRIATIONS BY $193,800.00 EACH BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUSCHRISTI, TEXAS: SECTION 1. An amount of $193,800.00 from anticipated reimbursements to be paid by the Corpus Christi Independent School District in accordance with the Interlocal Cooperation Agreement is appropriated in the Fund No. 3350 "Public Health and Safety CIP Fund" for the demolition, clearance, and other charges associated with the relocation of Fire Station No. 5. SECTION 2. The FY 2011 Capital Budget adopted on March 8, 2011 by Ordinance No. 028995 is changed to increase revenues and appropriations by $193,800.00 each. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED AS )9 FOR 13-Apr -11 Veronica Ocanas Assistant City Attorney For City Attorney 042611 ORD APP $193,800 for relocation of Fire Station No. 5 —126— That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Kevin Kieschnick Linda Strong Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Kevin Kieschnick Linda Strong Priscilla G. Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: By: Veronica Ocanas, Assistant City Attorney for the City Attorney r e. Joe Adame Mayor 10 AGENDA MEMORANDUM April 19, 2011 SUBJECT: Energy Efficiency Conservation Strategy and Sustainability Plan Technical Energy Audit - Project No. 4391 AGENDA ITEM: Motion authorizing the City Manager, or designee, to execute a Professional Services contract with compensation not to exceed $ -0- with McKinstry Essention, Inc. of Dallas, Texas for Technical Energy Audit Services for selected City facilities, subject to the City's future execution of a feasible Energy Performance Contract. (Project No. 4391) ISSUES: The City is required to conduct energy audits and retrofits of selected Municipal Buildings and Selected Facilities and Infrastructure as part of the $2,507,500.00 grant received from the Energy Efficiency and Conservation Block Grant Program. FUNDING: No funding is required unless the City elects to not proceed with a feasible Energy Performance Contract identified by the Audit. Feasible projects are defined by the Audit contract as projects that will result in energy and water cash savings sufficient to pay for all costs and fees to implement the energy savings project. RECOMMENDATION: Approval of the motion as presented. Q Oscar Martinez Assistant City Manager 361 - 826 -3189 osca rm (cry cctexa s . com ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B Previous Actions Exhibit C Contract Summary H:I HOMEIKEV! NSIGENIEnergyEfficiencyGrant \ESCOIAEAwdMemoESCO.doc —131— Page 1 of 1 BACKGROUND INFORMATION SUBJECT: Energy Efficiency Conservation Strategy and Sustainability Plan Technical Energy Audit - Project No. 4391 CONTRACT DESCRIPTION: The contract provides for the Consultant to conduct Technical Energy Audits of selected City buildings and facilities. The buildings and facilities to be audited were selected based upon the potential savings and include: • City Hall; • Municipal Court/ Police; • Museum of Science & History; • Central Library; • American Bank Center Complex (limited scope); • Airport Complex; and • Street Lighting (limited scope). The audits will result in the identification of projects that can be undertaken and financed through savings realized from reduced energy and water costs. The consultant will work with the City to develop Energy Performance Contracts that will retrofit the buildings and facilities. The projects are guaranteed by the Consultant to produce the energy and cost savings that are adequate to fund the entire cost of the energy performance contracts retrofits to be implemented. A contract summary is attached as Exhibit B. . Energy audits for utility projects are being addressed separately. CONSULTANT SELECTION: The City issued a Request for Proposals (RFP) for letters of interest for Energy Service Company (ESCO) services. The Proposal was released November 8, 2010 in accordance with requirements of the U.S. Department of Energy Community Development Block Grant. Grant regulations do not permit a local participation preference. RFP No. 2010 -06 City of Corpus Christi Projects was distributed on November 8, 2010 to 91 firms, and posted on the City of Corpus Christi's website. Eight (8) firms responded to the request with qualifications for Energy Services. The responding firms were: • Ameresco; • Chevron Energy Solutions; • Energy Services Group; • Johnson Controls; • McKinstry; HA HOMEIKEVINSIGENIEnergyEfficiencyGranflESCOIAEAwdaila WESCO.doc Exhibit A Page 1 of 2 • Noresco; • Pepco Energy Services; and • Schneider Electric. The firms were shortlisted by a staff committee for presentations by the firms deemed most qualified. McKinstry Essention of Dallas, Texas was deemed to be the most qualified firm. McKinstry will utilize local office personnel to assist in providing the required services. FUNDING: Funding is not required as the cost of audits will be included in cost of feasible Energy Performance Contracts. If feasible contracts are not identified, there will be no cost to the City. TIME OF COMPLETION: The contract provides for a 90 calendar period to complete the technical energy audits. FUTURE COUNCIL ACTION: Council will be requested to approve programs and contracts as necessary to achieve the implementation of the project. H: IHOMEI KEVINSl GENIEnergyeticiencyGrantIESCO1AEAwdlikg efiSCO,doc Exhibit A Page 2 of 2 PREVIOUS ACTIONS SUBJECT: Energy Efficiency Conservation Strategy and Sustainability Plan Technical Energy Audit - Project No. 4391 PRIOR COUNCIL ACTIONS: October 13, 2009 — a. Ordinance appropriating $250,000 from a Department of Energy Grant in the Fund 1071 Community Enrichment Grants Fund for development of an Energy Efficiency Conservation Strategy and Community Sustainability Plan increasing appropriations; and declaring an emergency (Ordinance No. 0283490). b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 in the amount of $200,000 for a restated not to exceed fee of $250,000 to the Professional Services Agreement with HDR Engineering of Corpus Christi, Texas for preparation of an Energy Efficiency Conservation Strategy and Community Sustainability Plan to satisfy Department of Energy requirements for the City of Corpus Christi to receive an Energy Efficiency Conservation Block Grant (Motion No. 2009 -292). July 20, 2010 - a. Ordinance Appropriating $2,507,500 From a Department of Energy Grant in the 1071 Community Enrichment Grants Fund for Development of an Energy Efficiency Conservation Strategy and Community Sustainability Plan; and Declaring and Emergency (Ordinance No. 028698). b. Motion authorizing the City Manager, or his designee, to execute a Professional Services contract in the amount of $1,471,000 with HDR Engineering of Corpus Christi, Texas for preparation and implementation of the Energy Efficiency Conservation Strategy and Community Sustainability Plan. (Project No. 4391) (Motion 2010 -181). PRIOR ADMINISTRATIVE ACTIONS: June 17, 2009 — Administrative execution of an agreement with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $50,000.00 to undertake Task Order 1 of the Development of an Energy Efficiency Conservation Plan and Initial Strategy for a City - Wide Sustainability Plan. H:I HOMEI KEVINS\ GEN1 EnergyEfficiencyGrantI ESCO1 AEAwdESCOPriorActionsExhA -1.doc —134— Exhibit B Page 1 of 1 CONTRACT SUMMARY The Consultant will: a. Process 1) Preliminary Assessment of Technical and Economic Needs and Opportunities a) Meet with City to establish • Energy Efficiency and Conservaton Committee • Establish communication protocols • Establish issue resolution process • Establish peer to peer relationship matrix b) Meet with City's key stake holders. c) Collect financial data and background to establish the funding model for the energy savings performance contract. d) Collect administrative data concerning current plans and strategies to implement "green" and energy related strategies within the City. e) Collect data and background information on buildings, equipment and facilities operation f) Perform a preliminary walk- through of facilities and interview. 2) Preliminary Analysis of Measures a) Establish base year consumption and reconcile with end -use consumption estimates b) Conduct a preliminary analysis of potential measures 3) Further Analysis and Audit Report a) Further analyze measures b) Develop a draft Technical Energy Audit Report 4) Energy Performance Contract Proposal a) Develop energy performance contract proposal b) Meet with City to present results and negotiate final terms b. Scope Guidelines and Requirements 1) Energy Performance Contract Term. The Energy Performance Contract Term shall have a term no greater than 25 years and no greater than the cost- weighted average lifetime of the equipment. City's goal is for a term no greater than fifteen (15) years. 2) Annual Guaranteed Energy and Cost Savings. The annual guarantee is required for the entire financing term; however City has the option to terminate the guarantee at any time after the first three years of the contract term provided the annual guaranteed energy and cost savings were achieved each prior year. ESCO shall reserve up to 2% of annually guaranteed savings for City to hire an independent third -party professional to review the ESCO's measurement and verification. 3) ESCO to provide assistance to the City in the procurement and selection of the independent third -party professional to review the ESCO's measurement and verification reports. 4) Excess Savings. Annual cost savings beyond the guaranteed minimum savings will be retained by City, and will not be allocated to shortfalls in other years. 5) Annual Savings Estimates: The annual savings estimates for all measures must be estimated for each year during the contract period. 6) Allowable cost and savings factors approved for consideration: City will provide ESCO with sufficient guidance to develop savings estimates. —135— Exhibit C Page 1 of 7 a) Payment sources that can be incorporated: 1 Energy and water cost savings 2 Material /commodity savings, including scheduled replacement of parts (only for years that these cost savings are applicable) 3 Outside labor cost savings, including maintenance contracts 4 In -house labor costs 5 Deferred maintenance cost 6 Offset of future capital cost 7 Outside incentive funds (utility incentives, grants, etc.) 8 Any savings related to maintenance and operation of the facilities will be limited to those that can be thoroughly documented. b) Payment sources that may also be considered and negotiated: 1. Utility rebates and incentives 2. Grants (as available) that relate to the scope of work identified during the development of this project. 3. Current and future capital budgets that may be identified for the scope of work identified during the development of this project. c) Additional factors related to establishing savings that cover all costs: 1 Escalation rates that apply to each payment source. These are rates to be used in cash flow projections for project development purposes. 2 Interest rates (municipal tax - exempt rates for public institutions) c. Collect financial and technical data and background information from City concerning facility operation and energy use for the most recent three years from the effective date of this Contract. d. Identify potential measures 1) Interview the facility manager, maintenance staff, subcontractors and occupants of each building regarding. 2) Survey major energy -using equipment, including fighting (indoor and outdoor), heating and heat distribution systems, cooling systems and related equipment, automatic temperature control systems and equipment, air distribution systems and equipment, outdoor ventilation systems and equipment; exhaust systems and equipment; hot water systems, electric motors, transmission and drive systems, special systems (kitchen /dining equipment, etc.), renewable energy systems, other energy using systems, water consuming systems (restroom fixtures, water fountains, irrigation systems, etc.) 3) Perform "late - night" surveys outside of normal business hours or on weekends to confirm building system and occupancy schedules, if deemed necessary. 4) Develop a preliminary list of potential energy and water saving measures. e. Establish base year consumption and reconcile with end use consumption estimates. 1) Establish base year consumption by examining utility bills for the past three years for electricity, gas, steam, water, etc. 2) Estimate loading, usage and /or hours of operation for all major end uses of total facility consumption. -136 -- Exhibit C Page 2 of 7 3) Reconcile annual end -use estimated consumption with the annual base year consumption. This reconciliation will place reasonable "real- world" limits on potential savings. 4) Propose adjustments to the baseline for energy and water saving measures that will be implemented in the future. f. Develop a preliminary analysis of potential energy and water saving measures. 1) List all potential opportunities, whether cost - effective or not. 2) Identify measures which appear likely to be cost effective and therefore warrant detailed analysis 3) For each measure, prepare a preliminary estimate of energy or water cost savings including description of analysis methodology, supporting calculations and assumptions used to estimate savings. g. Meet with City (Energy Efficiency and Conservation Committee, Finance and City Council) to present preliminary findings prior to thorough analysis. Describe how the projected project economics meet the City's terms for completing the Technical Energy Audit and Proposal Contract. Discuss assessment of energy use, savings potential, project opportunities, and potential for developing an energy performance contract. Develop a list of recommended measures for further analysis. The City shall have the option to reject calculations of savings, potential savings.allowed, or project recommendations. h. Analyze savings and costs (including operational and maintenance cost) for each energy and water saving measure. 1) Follow the methodology of ASHRAE or other nationally- recognized authority following the engineering principle(s) identified for each retrofit option 2) Utilize assumptions, projections and baselines which best represent the true value of future energy or operational savings. Include accurate marginal costs for each unit of savings at the time the audit is performed, documentation of material and labor cost savings, adjustments to the baseline to reflect current conditions at the facility, calculations which account for the interactive effects of the recommended measures. 3) Use best judgment regarding the employment of instrumentation and recording durations so as to achieve an accurate and faithful characterization of energy use 4) Use markups and fees stated above in all cost estimates. 5) Develop a preliminary measurement and verification plan for each measure 6) Follow additional guidelines for analysis and report preparation given below 7) Include cost to provide services and complete application for Energy Star Label. i. Prepare a Draft Technical Energy Audit Report. The report provides an engineering and economic basis for negotiating a potential Energy Performance Contract between the City and the ESCO. The draft report shall be completed within 60 calendar days of the date of execution of this Contract. The report shall be presented to the Energy Efficiency Committee, Finance and City Council. The report shall include: 1) Overview a) Contact information - -137 -- Exhibit C Page 3 of 7 b) Summary table of recommended energy and water saving measures, with itemization for each measure of total design and construction cost, annual maintenance costs, the first year cost avoidance (in dollars and energy units), simple payback and equipment service life c) Summary of annual energy and water use by fuel type and costs of existing or base year condition d) Calculation of cost savings expected if all recommended measures are implemented and total percentage savings of total facility energy cost. e) Description of the existing facility, mechanical and electrical systems f) Summary description of measures, including estimated costs and savings for each as detailed above g) Discussion of measures considered but not investigated in detail h) Financial structure of the energy savings performance contract. i) Conclusions and recommendations 2) Base year energy use a) Description and itemization of current billing rates, including schedules and riders. b) Summary of all utility bills for all fuel types and water c) Identification and definition of base year consumption and description of how established d) Reconciliation of estimated end use consumption (i.e. lighting, cooling, heating, fans, plug loads, etc) with with base year (include .discussion of any unusual findings) 3) Full description of each energy and water saving measure including: a) Written description 1) Existing conditions 2) Description of equipment to be installed and how it will function 3) Include discussion of facility operations and maintenance procedures that will be affected by installation /implementation. 4) Present the plan for installing or implementing the recommendation. b. Savings calculations 1) Base year energy use and cost 2) Post- retrofit energy use and cost 3) Savings estimates including analysis methodology, supporting calculations and assumptions used. 4) Annual savings estimates. The cost savings for all energy saving measures must be estimated for each year during the contract period. Savings must be able to be achieved each year (cannot report average annual savings over the term of the contract). 5) Savings estimates must be limited to savings allowed by the City as described above. 6) Percent cost - avoidance projected 7) Description and calculations for any proposed rate changes 8) Explanation of how savings interactions between retrofit options are accounted for in calculations. -138- Exhibit C Page 4 of 7 9) Operation and maintenance savings, including detailed calculations and description. Ensure that maintenance savings are only applied in the applicable years and only during the lifetime of the particular equipment. 10) Business Case Analysis demonstrating the overall performance of the project including the estimated annual energy savings, utility rates, operations and maintenance savings, lease purchase rates and project cost. 11) If computer simulation is used, include a short description and state key input data. 12) If manual calculations are employed, formulas, assumptions and key data shall be stated. 13) Conclusions, observations, caveats Cost estimate -- detailed scope of the construction work needed, suitable for cost estimating. Include all anticipated costs associated with installation and implementation. Provide specifications for major mechanical components as well as detailed lighting and water fixture counts. 1) Engineering /design costs 2) ESCO /vendor estimates for labor, materials, and equipment; include special provisions, overtime, etc., as needed to accomplish the work with minimum disruption to the operations of the facilities. 3) Permit costs 4) Construction management fees 5) Environmental costs or benefits (disposal, avoided emissions, handling of hazardous materials, etc.) 6) Note that all markups and fees stated in this Contract shall be used in the cost estimates, unless otherwise documented and justified due to change in scope or size of project or other unforeseen circumstances. 7) Conclusions, observations, caveats 8) Other cost categories as defined above under "markups" in Section 3b above. c. Other 1) Estimate of average useful service life of equipment 2) Preliminary commissioning plan 3) Preliminary measurement and verification plan, following the International Performance Measurement and Verification Protocol (IPMVP). 4) Discussion of impacts that facility would incur after contract ends. 5) Compatibility with existing systems. Include the name of the existing controls system, if new controls systems will have to be compatible with an existing brand of controls. Also note if a sole- source vendor is established for controls systems. j. Meet with City ; Review the recommendations, savings calculations and impact of the measures on the operations of the facility. Describe how the projected project economics meet the City's terms for completing the Technical Energy Audit and Performance Contract Proposal. Discuss the willingness and capability of City to make capital contributions to the project to improve the economics of the overall project. -139- Exhibit C Page 5 of 7 k. Revise Audit as directed by City and deliver a Final Technical Energy Audit to Finance and City Council I. Prepare an Energy Performance Contract Proposal (Term Sheet). In anticipation of ESCO and City entering into an Energy Performance Contract to design, install, monitor and guarantee the performance of the energy and water saving measures proposed in the Technical Energy Audit Report, ESCO shall prepare a proposal for terms to be incorporated in a Energy Performance contract to include: 1) Project Cost is the total amount City will pay for the project, ESCO's services and the cost of funding. 2) Include a List of Services that will be provided as related to each cost. 3) Expected term of the Energy Performance Contract. 4) Description of how the project will be financed including available interest rates and financing terms, based on interest rates likely available to City at this time, and based on a 60 -day and 90 -day lock option. 5) Explanation of how the savings will be calculated and adjusted due to weather, occupancy or other factors. Measurement and verification methods must be consistent with the International Performance Measurement and Verification Protocol 2009. 6) Analysis of annual business case analysis for City during the contract term. FEES: Payment through Performance Contract. City shall have no payment obligations under this contract provided that ESCO and City execute an Energy Performance Contract within 60 calendar days after issuance of the Notice of Acceptance of the final Technical Energy Audit and Project Proposal Contract, but the fee indicated below shall be incorporated into ESCO's project costs in the Energy Performance Contract and paid through the Energy Performance Contract funding mechanisms. Project With Insufficient Savings. City shall have no payment obligations under this Contract in the event that ESCO's final Technical Energy Audit and Project Proposal Contract does not contain a package of energy and water saving measures which, if implemented and as meeting terms of Exhibit A: Scope of Work, (b) Guidelines and Requirements, will provide the City with cash savings sufficient to fund City's payments of all costs and fees associated with the Energy Performance Contract, including 1) the fee associated with the Technical Energy Audit, 2) all monthly payments on a lease purchase agreement to finance the measures, 3) any annual fees for monitoring and maintenance incurred by the ESCO. Should the ESCO determine at any time during the Technical Energy Audit that savings cannot be attained to meet these terms, the Technical Energy Audit will be terminated by written notice by the ESCO to City. In this event this Contract shall be cancelled and City shall have no obligation to pay, in whole or in part, the amount specified in this Section 2(a). or would be contemplated by the execution of a project proposal contract (Exhibit D). -140- Exhibit C Page 6 of 7 The total fee for this work is $125,000. This fee includes all labor, materials, travel costs, overhead and profit required to perform the scope of work defined herein. As described in the RFQ response, Overhead is calculated as a gross margin percentage of 10% and Profit (Earnings Before Interest and Taxes) is calculated as a gross margin percentage of 10 %. The above fee includes a $2,000 allowance for hazardous material assessment. Any hazardous material assessment above and beyond $2,000 will be the responsibility of the City. It is mutually acknowledged the City is not required to execute an Energy Performance Contract for any or all of the facilities audits. However, if the City does not execute an Energy Service Performance Contract to address Audit Costs for feasible projects, and the Technical Energy Audit is not terminated in conformance with Section 4, this fee will become due and payable by the City upon agreement as to the termination costs due. —1 4 1— Exhibit C Page7of7 11 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION DATE: April 19, 2011 AGENDA ITEM: Corpus Christi Convention and Visitors Bureau (CCCVB) Quarterly Destination Marketing Presentation STAFF PRESENTER(S): Name Title /Position Department 1. None 2. 3. OUTSIDE PRESENTER(S): Name TitlelPosition Organization 1. Keith Arnold CEO CCCVB 2. 3. REQUIRED COUNCIL ACTION: None PowerPoint X Supplemental Information OA (2 Margie C.' Rose Interim City Manager maraier @cctexas.com (361) 826 -3220 Corpus Christi CVB Quarterly Destination Marketing Presentation April 19,2011 • 1r, 1!•11 ture rism • Suter Refuge enhance • Interpretive signage kio designed - 21 signs • Secured 2 cameras the City MIS Department •^1 • Press conference I 20 or 21, 2011 1. • Mi Te R • Nex u co r • 34 wildlife guid view at t Port V a' Cras aligueb taut eu tinsoduitt enndonenturts tartan. enon bibendum justo, ac fermenturn hbero lectus eget fells. Nunc eget adipiming Mauris volutpat enim eget mauris congue blandit. Nulla porttitor lectus vitae sapien pulvinar pulvinar, Nt bac bahitasse plates dictumst. Mae- cenas blandit taus bereet felis luaus a amurnsen met laoreet Nulla sed inauris interdurn nitO tirmidunt blandit a ne e eaue anael at viten emu.. relimmsgas Magi. mime anaat turpla range, diaddaaina Donee a aliquana dolor. 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Pellentesgue tS \All( lieftlg(' em. 1.1• ,•fili 3 We're Keeping An Eye Out 24-hour Video Surveillance Hans & Pat Suter Wildlife Refuge 4 CVB TTIA Conver on the Ca itol Nature Tou *sm Na nal Reco nition 1 Slasisidoe Swim Qmpas dsid GSM 31 maims 2 Hadar Imi Ewa= & Swim Owl— SONIC 14 miaow 3 Clm aL Stile NsaTims Aad II— SONO 8 maims 7 Family Tcatelerirrhoice Award '1.1• 1!•11 M».dia Ad, rtising Current media plan featur • Magazines: • Texas Monthly • Texas Highwa • s_ in the following: • SIO • Online advert ews & Houston C ..,.: 10 1,1• ,••• 11 UFEA 12 Compreh'. sive .site Redesign • Website redesign we week in March featuring: • New Design: No Adobe search engine friend! • Trip Planner: Buil convention busi r load times and more brand ,s (usable for both leisure and nouncements Tab: Featu and pronto' tion rout g category. • Enhanced L enhanceme ers. 13 14 15 16 17 • .Mobi website went live week in March also, featuring: • Universally Compatible easy user viewing by ty • Directory: Contains I time meaning when ically updat • • 'tself to any device for isti . rg or VisitCC.mobi ;pm main site. Updated in real - n the main site, the mobile site is 1. 1 • Mapping: Listi directions and b on how '1.1• 1!•11 18 19 Int active arketing • We have sent out 5 e from organic and merge marketing (Grand total in 46.8% increase. Goal f a total growth of 11,137 opt -ins interactive ch represents a • E -blasts have been c ins into meeti • T 36,000) Friendly" audiences as well as S. 1 I - . • 1r, 1!•11 V ns opt -in est as 20 W Corpus Caristt Mao answerswU. ploasire ma/ iusl accepled—Ei b is encoltraged. Plannim a meollg? 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' i Wr. vAt,d+kefl r66n3 9s 16feaIr Gat, • 22 '1.1• 1!1•11 Certifie Touris Ambassador • Currently working wit essential aspect for cre program for the destinati es 4 Associates to analyze the overall sales training • The program serves b m by training and inspiring front-line hospitality lunteers to work together to tur ry visitor/c positiA experier mr.v. • It th th to =.1 • There are curre Worth Metrople dge of ase er of k, • ••.. - -/Fort ,.., 23 Convention ..les A leration Program • Contract with JSP Mar • Washington representati 3500 associations • CVB is processing 8 • DM powerMlNT • us gain access to nce first week of January 2011 can be nality, • F • D3000 databa _ rp ,. t' `- is for new Director 24 25 Convention es A leration Program • Sales Blitz RFPs & caw Leads •^1 • A number of RFP's • Acquired signifi trade show tha not released ads from Southwest Showcase ary a Troncale. Sr. Sa 1 I - . • 1r, 1!•11 V a' yee as 26 Conventi Sale per Bookings Society for Range Managemen • 1,600 attendees • 3,546 room nights Texas Youth Football and Chee • 4,000 attendees • oom nights Texas • • •^1 n erence 1. =.1 SkillsUSA Texas • 6,000 attendees • 5,974 room nights V a' 27 Dec -tuber ' 'Report { • When comparing Dec reflecting an increase in 010, all changes were positive, e economy Percent Change cupancy •• 35.1 Y 8.9 111111 1.13' I i • Rev Par has inc during the sam 28 • YT we 2010 losin R Report D comparisons als• 11 YTD. ily.positive change in Iodg Vir cember 2009 Percent Change cupancy % •• - 51.4 I • h 111.1111111N1 If •- • - .t•-•7. • 11? 2.7 MP. 1 111111111j I. ... .'',. .• i. .. ..1-.1., ,.. SI . . . . . V a' ing as 29 Ja uary Report • When comparing Jan .6/ all changes were positive, reflecting an increase in e economy Percent Change I I- inii6 4 1 II . t. .:" . --,.., • . , cupancy % •• - 42.0 --C ‘1111!Hh II1N111 If 30 Feb uary Sr Report 1 • When comparing Febr, ,O,changes were mainly .1 . positive, reflecting an in • roost in the economy Percent Change cupancy % •• - 60.2 11 24.5 !..v. 1,11 I •1 • L. If I I I ILII1 34 31 201 YTD S •Report { • When comparing 201 ions indicate an upswing in the economy. In addition, ro 16.5. Percent Change cupancy •• 50.6 16.5 Y VAC ih 32 - . • 1r, 1!1•11 OT Co • Collections for the mo by over $45,000 ($527, tions 2011 exceeded monthly budget ctively) • YTD budget guidelines totaled $3,684,939 w by $212,350 (Room are ns -at ,47 589. Actuals have •ave surpassed YTD projections 3,034,482 over last year!) 7664 A11 • Fe 1 y 2010 collections t9ta • (F I V a' 33 ThankYou ForYour Continued Support! '.6.• •!1611. 12 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation regarding immediate and future space needs for the Police Department. STAFF PRESENTER(S): Name Title /Position Department 1. D. Troy Riggs Chief of Police Police 2. 3. OUTSIDE PRESENTER(S): Name Title/Position Oraanizatlon 1. 2. 3. BACKGROUND: For the past twelve months, the Police Department has been reviewing the need for immediate as well as future space needs. This includes a review of all locations where rent is currently being paid. REQUIRED COUNCIL ACTION: None required. PowerPoint Supplemental Information 0 D. Troy Rigg Chief of Police Troyr(cctexas.cam 886 -2603 CORPUS CHRISTI POLICE DEPARTMENT BUILDING SPACE NEEDS April 19, 2011 CORPUS CHRISTI POLICE DEPARTMENT BUILDING SPACE NEEDS April 19, 2011 • In February 2010, the Police Department began a rev of building space needs. • Relocating Internal Affairs outside the police headquarters as recommended by Etico Solutions staffing study. •Relocating the overflow Property Storage •Moving out of the Nueces County Tax Appraisal District (NCAD) CORPUS CHRISTI POLICE DEPARTMENT BUILDING SPACE NEEDS April 19, 2011 ➢Summary of current rent payments • 1. Property/Evidence overflow — 401 S. Water •17,825 square feet •$45,718.65 (paid from drug seizure monies. •Lease ends 9/30/2011 •Property that has not yet been released for sale/destruction is stored here; bicycles, furniture, 8 liners, etc. CORPUS CHRISTI POLICE DEPARTMENT BUILDING SPACE NEEDS April 19, 2011 1. Property/Evidence overflow — 401 S. Water • CORPUS CHRISTI POLICE DEPARTMENT BUILDING SPACE NEEDS April 19, 2011 2. Nueces County Tax Appraisal District • Lease ends 9/30/2011 • 8,863 square feet •$98,155.92 • General Fund = $82,651.20 • Criminal Intelligence Unit • Office of Accountability • Records Storage • Red Light Camera = $11,074.80 • Management Asst •Sr. Officer • C me Control District = $4,429.92 •Graffiti Task Force • CORPUS CHRISTI POLICE DEPARTMENT BUILDING SPACE NEEDS April 19, 2011 • 3. Uniform assembly point located on 2230 Saratoga • Lease expires 2/28/2014 • 4,780 square feet $48,756 from the General Fund •FBI occupies second floor, rental payments $36,000 annually. CORPUS CHRISTI POLICE DEPARTMENT BUILDING SPACE NEEDS April 19, 2011 3. Uniform assembly point located on 2230 Saratoga • CORPUS CHRISTI POLICE DEPARTMENT BUILDING SPACE NEEDS April 19, 2011 Total annual reni:a • 192.630.57 General Fund = $131,407.20 Red Light Camera Admin = $ 11,074.80 Crime Control District = $ 4,429.92 Drug Forfeiture Funds = $ 45, 718.65 CORPUS CHRISTI POLICE DEPARTMENT BUILDING SPACE NEEDS April 19, 2011 • Upon review of the locations, we discussed our recommendations with Interim City Manager Margie C. Rose. CORPUS CHRISTI POLICE DEPARTMENT BUILDING SPACE NEEDS April 19, 2011 • The Police Department looked at numerous real estate locations, but with limited funds (drug seizure monies) we began looking at available City property with the assistance of Engineering. • Health Department Williams Drive Clinic - 5805 Williams • Old Police Building — 1616 Martin Luther King • Expanding the public safety warehouse approved by voters to include office space for Criminal Intelligence Unit now located at NCAD CORPUS CHRISTI POLICE DEPARTMENT BUILDING SPACE NEEDS April 19, 2011 W • lilams Drive Clinic - 5805 Williams • Internal Affairs to occupy majority of the building •WIC/Health Department to occupy remaining area • Both entities will have separate entrances with proximity readers. • Modifications to be paid from drug seizure funds, no estimate available to date. • We conferred with Annette Rodriguez and her staff regarding the department sharing the office space. CORPUS CHRISTI POLICE DEPARTMENT BUILDING SPACE NEEDS April 19, 2011 Williams Drive Clinic - 5805 Williams Pi ilk I. • CORPUS CHRISTI POLICE DEPARTMENT BUILDING SPACE NEEDS April 19, 2011 • Old Police Headquarters — 1616 Martin Luther King • Relocate overflow property from Water Street • Preliminary renovations estimates from architect Ray Torno = $174,941.76 • No climate control • Provide additional storage area for Health Dept to relocate items from Williams Drive location. CORPUS CHRISTI POLICE DEPARTMENT BUILDING SPACE NEEDS April 19, 2011 • Old Police Headquarters — 1616 Martin Luther King CORPUS CHRISTI POLICE DEPARTMENT BUILDING SPACE NEEDS April 19, 2011 • Public Safety Warehouse - 1502 Holly Road • Warehouse for public safety vehicles provided by 2008 bond election. Pre -construction planning underway. • Utilize NCAD rental payments to expand the warehouse to include office space. • Project construction 12 months. Interim: relocate Criminal Intelligence Unit from NCAD to the 2nd floor of the Central Library on Comanche. Herb Canales has 4800 square feet available for move in as soon as possible. This will be a temporary move until the new Unit headquarters is built on Holly Road in twelve months CORPUS CHRISTI POLICE DEPARTMENT BUILDING SPACE NEEDS April 19, 2011 Public Safety Warehouse - 1502 Holly Road • CORPUS CHRISTI POLICE DEPARTMENT BUILDING SPACE NEEDS April 19, 2011 • Relocate the remaining offices at NCAD to the main Police headquarters in space occupied by Internal Affairs. • Office of Accountability, Red Light camera administration, and Graffiti Task Force • Cost savings to the Crime Control District ($4,429.92) and the Red Light Administration Fund ($11,074.80). CORPUS CHRISTI POLICE DEPARTMENT BUILDING SPACE NEEDS April 19, 2011 • Future Considerations • Relocate other offices from main Police headquarters to the Central Library. • CIP proposal to expand the Library to accommodate some of Police Services; other services to remain at the current headquarters. • 3rd floor could house MetroCom 9-1-1 center and the EOC. • New Police Training Center at the site of the outdoor Police Range on Hearns Ferry Road. CORPUS CHRISTI POLICE DEPARTMENT BUILDING SPACE NEEDS April 19, 2011 QUESTIONS