HomeMy WebLinkAboutAgenda Packet City Council - 01/24/2012!
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AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY H_ ALL - COUNCIL CHAMBERS
1201 LEOPARD ST.
CORPUS CHRISTI, TEXAS 78401
JANUARY 24, 2012
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 limitedo, habra un interprete ingles- espanol en todas las
juntas de! Concilio pars ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361-826-3105) at least 48 hours 117 advance so that appropriate arrangements
can be made.
A. Mayor Joe Adame to call the meeting to order.
B. Invocation to be given by Deacon Michael Mantz, Diocese of Corpus Christi.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Joe Adame
Mayor Pro Tem Chris N. Adler
Council Members:
Larry Elizondo, Sr.
Priscilla Leal
David Loeb
John Marez
Nelda Martinez
Mark Scott
City Manager Ronald L. Olson
City Attorney Carlos Valdez
City Secretary Armando Chapa
Agenda
Regular Council Meeting
January 24, 2012
Page 2
E. MINUTES:
1 Approval of Regular Meeting of January 17, 201.2.. (Attachment
# 1)
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2. * Commission on Children and Youth
* Mechanical /Plumbing Advisory Board
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:
(At this point the Council will vote on all motions, resolutions and
ordinances not removed for individual consideration.)
3. Approval of materials testing agreement for Airline Road
Motion authorizing the City Manager or designee to execute a
construction materials testing contract with Rock Engineering
and Testing Laboratory, Inc., of Corpus Christi, Texas in the
amount of $65,492 for Airline Road from.Saratoga Boulevard to
Rodd Field Road. (Bond 2008) (Attachment # 3)
Agenda
Regular Council Meeting
January 24, 2012
Page 3
4. Approval of construction contract for air transmission main and
flood protection for. Greenwood Wastewater Treatment Plant
Motion authorizing the City Manager or designee to execute a
construction contract with Associated Construction Partners
LTD of Boerne, Texas in the amount of $452,900 for the
Greenwood Wastewater Treatment Plant Improvements 2011
for Part A Air Transmission Main Re- Routing and Part B
Electrical Control Room. (Attachment # 4)
5. Code amendment to regulate sales of scrap metal and building
construction materials
Second Reading Ordinance — Amending Chapter 26, Code of
Ordinances, City of Corpus Christi, Metal Recyclers, by revising
several sections in said article to provide for expanded
definitions; more offenses and penalties; providing for
publication. (First Reading 1/17/12) (Attachment # 5)
1. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions
of the Open Meeting Act, Chapter 551 of the Texas Government
Code, and that the City Council specifically expects to go into
executive session on the following matters. In the event the Council
elects to go into executive session regarding an agenda item, the
section or sections of the Open Meetings Act authorizing the
executive session will be publicly announced by the presiding office.
• Executive session pursuant to Texas Government Code Section
551.071 regarding City of Corpus Christi, Texas vs. Friends of
the Coliseum, et al, Cause No. 2010 -DCV- 6004 -E, in the 148th
District Court of Nueces County, with possible discussion and
action in open session.
• Executive session pursuant to Section 551.071(1)(A) of the
Texas Government Code to consult with attorneys regarding
pending litigation styled Civil Action No. C -11 -154, Robert
Knabe et al vs. the City of Corpus Christi, et al presently
pending in the U.S. District Court for the Southern District of
Texas, Corpus Christi Division, with possible discussion and
action in open session.
Agenda
Regular Council Meeting
January 24, 2012
Page 4
• Executive session pursuant to Section 551.071(1)(A) of the
Texas Government Code to consult with attorneys regarding
pending litigation in a case styled Cause No: CA 210 -CV- 00372,
Isaac Valencia vs. the City of Corpus Christi, Texas, presently
pending in the U.S. District Court for the Southern District of
Texas, Corpus Christi Division, with possible discussion and
action in open session.
• Executive session pursuant to Section 551.071(1)(A) of the
Texas Government Code to consult with attorneys regarding
contemplated litigation involving the Corpus Christi Police
Department, with possible discussion and action in open
session.
• Executive session pursuant to Section 551.087 of the Texas
Government . Code to deliberate regarding confidential
commercial or financial information received from a business
prospect that the City Council seeks to have locate, stay or
expand within the City and with which the City is conducting
economic development negotiations and to deliberate possible
offers of financial or other incentives to said business prospect,
with possible discussion and action in open session.
• Executive session under Texas Government Code 551.074
Personnel Matters to deliberate the appointment of a City
Council Member with possible discussion and action in open
session.
J. PUBLIC HEARINGS: (NONE)
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
6. Approval of remodel and upgrade of filter building at Q.N.
Stevens Water Treatment Plant
a. Motion authorizing the City Manager, or designee to execute
a construction contract with Barcom Commercial Inc. of
Corpus Christi, Texas in the amount of $3,172,000 for the 0.
N. Stevens Water Treatment Plant Facility Alterations for the
addition to and remodel of the existing Filter Building Facility.
(Attachment if 6)
Agenda
Regular Council Meeting
January 24, 2012
Page 5
b. Motion authorizing the City Manager or designee to execute
a Project Management and Inspection Services Contract
with AGCM, Inc. of Corpus Christi, Texas in the amount of
$137,606 for the 0. N. Stevens Water Treatment Plant
Facility Alterations. (Attachment # 6)
L. FIRST READING ORDINANCES:
7. Approval of City Redistricting Plan
First Reading Ordinance =- Approving the redistricting of the
City's Single- Member Council Districts and establishing new
district boundary lines based on 2010 Census data for Corpus
Christi City Council elections; directing the City's Redistricting
Consultant to submit to the adopted plan for preclearance under
Section 5 of the Federal Voting rights act; and providing an
effective date. (Attachment # 7)
M. FUTURE AGENDA ITEMS AND UPDATES TO CITY
COUNCIL: These items are for Council's informational purposes
only. No action will be taken and no public comment will be solicited.
FUTURE AGENDA ITEMS:
8. Approval to adjust or relocate pipelines in City right- of -wav for
Mckinzie Road Improvements Project
a. Motion authorizing the City Manager or designee to execute
a Reimbursement Agreement with Kinder Morgan Tejas
Pipeline, LLC, in the amount of $252,454 to adjust or
relocate its pipeline amenities to clear city right -of -way on
Mckinzie- Road from the Lyondell Plant to Haven Drive.
(Attachment # 8)
b. Motion authorizing the City Manager or designee to execute
a Reimbursement Agreement with Enerfin Field Services,
LLC, in the amount of $126,655.38 to adjust or relocate its
pipeline amenities to clear city right -of -way on Mckinzie
Road from the Lyondell Plant to Haven Drive. (Attachment
# 8)
Agenda
Regular Council Meeting
January 24, 2012
Page 6
c. Motion authorizing the City Manager or designee to execute
a Reimbursement Agreement with Equistar Chemicals, LP in
the amount of $29,873 to adjust or relocate its pipeline
amenities to clear city right -of -way on Mckinzie Road from
the Lyondell Plant to Haven Drive. (Attachment # 8)
9. Approval of landscaping and irrigation along Brawner Parkway
Ditch resulting from Kostoryz Road Improvements Project,
Phase 1
Motion to execute Change Order No. 4 with Texas Sterling
Construction Co. in the amount of $72,407.21 for the Kostoryz
Road Improvements, Phase 1 from Horne to Sunnybrook for the
installation of Brawner Ditch Irrigation System and Landscaping.
(BOND 2008) (Attachment # 9)
10. Funding agreement with TXDOT for future improvements to
Williams Drive including design and construction
Resolution authorizing the City Manager or designee to execute
an Interlocal Agreement with . the Texas Department of
Transportation ( TXDOT) for an Advance Funding Agreement for
a Metropolitan Mobility /Rehabilitation Project Off - System for the
Williams Drive Improvements, Phase 3, from Staples Street to
Airline Road. (Attachment # 10)
11. Approval of amendment to the Professional Services Contract
for design improvements based on airport taxiway utilization
study.
Motion authorizing the City Manager or designee to execute
Amendment No. 5 to the Professional Services contract with
KSA Engineers, Inc. of Longview, Texas, in the amount of
$100,000.00 for a restated not to exceed contract fee of
$2,145,416.95 for the Corpus Christi International Airport Infield
Taxiway ConnectorslRunway 17 -35 Project (Supplemental
services for Task Order No. 3). (Attachment # 11)
12. Approval of amendment to the Professional Services Contract
for design improvements for Oso CreeklOso Bay Area Park
Master Plan.
Motion authorizing the City Manager or designee to execute
Amendment No. 2 to a Contract for Professional Services with
RVi of Austin, Texas for. the Oso Creek /Oso Bay Area Park
Agenda
Regular Council Meeting
January 24, 2012
Page 7
Master Plan in the amount of $616,670 for a total restated fee of
$903,650 for design of Phase 2 Improvements. (BOND 2008)
(Attachment # 12)
13. Approval of design and construction contracts to reduce
ammonia discharge at Oso Water Reclamation Plant
a. Motion authorizing the City Manager or designee to execute
a construction contract with CSA Construction, Inc., of
Houston, Texas in the amount of $6,311,200 for the Oso
. Water Reclamation Plant Belt Press Facility Project for Parts
A, B, C and D. (Attachment # 13)
b. Motion authorizing the City Manager or designee to execute
Amendment No, 2 to a Professional Services Contract with
LNV, Inc., of Corpus Christi, Texas in the amount of
$247,395 for a restated fee of $847,054 for construction .
observation and related . services associated with the Oso
Water Reclamation Plant Belt Press Facility Project.
(Attachment # 13)
14. Approval of Professional Architectural Services Contract to
construct a Public Safety Warehouse for Police Department
a. Ordinance appropriating $500,000 from the Unreserved
Fund Balance in the No. 1020 General Fund for a new
Public Safety Warehouse Building for the Police Department;
authorizing the transfer of $500,000 from the No. 1020
General Fund to and appropriation in the No. 3350 Public
Health and Safety Capital Improvement Project Fund; and
changing the .FY2011 -2012 Operating Budget adopted by
Ordinance No. 029155 to increase appropriations by
$500,000. (Attachment # 14)
b. Ordinance changing the FY2011 -2012 Capital Budget
adopted by Ordinance No. 029135 by increasing
appropriations by $500,000 for a separate Public Safety
Warehouse Building Project for the.Police Department.
(Attachment # 14)
c. Motion authorizing the City Manager or designee to execute
a Professional Services Contract with. LaMarr Womack and
Associates, L.P., of Corpus Christi, Texas, in the amount of
$147,141 for the Public Safety Warehouse (Police) Project.
(Attachment # 14)
Agenda
Regular Council Meeting
January 24, 2012
Page 8
N. UPDATES TO CITY COUNCIL:
15. Continuous Improvement Review of Municipal Court
Administration (Attachment # 15)
O. PUBLIC C OMMENT ON NON - AGENDA OR AGENDA
RELATED MATTERS 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.
3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE
PLACED ON AN AGENDA AT A LATER DATE.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE,
EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL
DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL
MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS
POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST
AMENDMENT RIGHTS.
P. CITY MANAGER'S COMMENTS:
* Update on City Operations
Agenda
Regular Council Meeting
January 24, 2012
Page 9
Q. ADJOURNMENT:
NOTE:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at 3.0C p.m.,
on January 19, 2012.
R. Masi* et(
rmando Chapa
City Secretary
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.
1
Present:
Mayor Joe Adame
Council Members:
Priscilla Leal
David Loeb
John Marez
Nelda Martinez
Mark Scott
MINUTES
City of Corpus Christi, Texas
Regular Council Meeting
January 17, 2012 - 12:00 p.m.
City Staff:
City Manager Ronald L. Olson
City Attorney Carlos Valdez
City Secretary Armando Chapa
Absent
Chris Adler
Larry Elizondo
Mayor Joe.Adame called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Pastor Kenneth Mutchler, Immanuel Fellowship and the Pledge of
Allegiance to the United States Flag was led by Council Member John Marez.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required Charter officers were present to conduct the meeting.
Mayor Adame called for approval of the minutes of the Regular Council meeting of January
10, 2012. A motion was made and passed to approve the minutes as presented.
BOARD APPOINTMENTS
The council made the following reappointments and new appointments to the city's boards,
commissions and committees:
Corpus Christi Aquifer Storage and Recovery Conservation District
Confirmation of the following officers: Oscar Martinez, President; Margie Rose, Vice President, and
Fred Segundo as Secretary.
CONSENT AGENDA
3. MOTION NO. M2012 -008
Motion approving a supply agreement with Doggett Machinery, of Corpus Christi, Texas,
for the lease of three wheel loaders in accordance with Bid Invitation No. BI- 0049 -12, based
on only bid, for an estimated twenty -seven month expenditure of $331,209, of which
$73,602 is budgeted for FY2011 -2012. The term of the agreement shall be for nine
months (February- October) for three consecutive years beginning in 2012. Funding is
budgeted and available in the Parks and Recreation FY2011 -2012 adopted budget.
The foregoing motion was passed and approved with the following vote: Adame, Leal,
Loeb, Marez, Martinez and Scott, voting "Aye "; Adler and Elizondo were absent.
—1—
Minutes - Regular Council Meeting
January 17, 2012
Page 2
4. MOTION NO. M2012 -009
Motion authorizing the purchase of specialized equipment fora total amount of $64,415.17
utilizing funds from the 2009 Homeland Security Grant awarded to the City of Corpus Christi
and budgeted in the Fire Grant Fund 1062.
The foregoing motion was passed and approved with the following vote: Adame, Leal,
Loeb, Marez, Martinez and Scott, voting "Aye"; Adler and Elizondo were absent.
5.a. MOTION NO. M2012 -010
Motion authorizing the City Manager or designee to accept a sub -grant in the amount of
$95,299 from the Department of Homeland Security FEMA for funding eligible under the
2010 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment
for the Police Department.
The foregoing motion was passed and approved with the following vote: Adame, Leal,
Loeb, Marez, Martinez and Scott, voting "Aye "; Adler and Elizondo were absent.
5.b. ORDINANCE NO. 029345
Ordinance appropriating $95,299 in the No. 1061 Police Grants fund from the Department
of Homeland Security FEMA for funding eligible under the 2010 Port Security Grant
Program (PSGP) grant to purchase law enforcement equipment for the Police Department.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adler and
Elizondo were absent.
6. MOTION NO. M2012 -011
Motion authorizing the City Manager or designee to execute Amendment No. 6 to the
Contract for Professional Services with LNV Engineering, of. Corpus Christi, Texas, in the
amount of $758, 964 for a total restated fee of $2,877,767 for the Brawner Parkway Channel
Improvements associated with the Staples Street Improvements as follows: (BOND 2008)
Phase 1 from Brawner Parkway to Barracuda Place
Phase 2 from Barracuda Place to Gollihar
The foregoing motion was passed and approved with the following vote: Adame, Leal,
Marez, Martinez and Scott, voting "Aye "; Loeb abstained; Adler and Elizondo were absent.
MOTION NO. M2012 -012
Motion authorizing the City Manager or designee to execute Change Order No. 3 with Ti-
Zack Concrete, Inc., of Le Center, Minnesota in the amount of $277,159.23 for the
Americans with Disabilities Act (ADA) Improvements Group 1 project for additional
construction for ADA compliance and project over runs on quantities. (BOND 2008)
Minutes - Regular Council Meeting
January 17, 2012
Page 3
The foregoing motion was passed and approved with the following vote: Adame, Leal,
Loeb, Marez, Martinez and Scott, voting "Aye "; Adler and Elizondo were absent.
8. ORDINANCE NO. 029346
Appropriating $100,000 from the unreserved fund balance in the No. 9010 Crime Control
District Fund for "one- time" expenditures in the FY2011 -2012 Operating Budget and
changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 by
increasing appropriations by $100,000.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adler and Elizondo were
absent.
9.a. ORDINANCE NO. 029347
Abandoning and vacating a 342 - square foot portion (0.007 acres) of a 10 -foot wide utility
easement out of Alameda Center, Unit 3, Lot 1, located south of Robert Drive and west of
Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the specified
conditions.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adler and Elizondo were
absent.
9.b. ORDINANCE NO. 029348
Abandoning and vacating a 469 - square foot portion (0.010 acres) of a 10 -foot wide utility
easement out of Alameda Center, Unit 3, Lot 1, located south of Robert Drive and west of
Delano Drive; requiring the owner HEB Grocery Company, LP, to comply with the specified
conditions.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adler and Elizondo were
absent.
10.a. ORDINANCE NO. 029349
Abandoning and vacating a 658- square foot portion (0.015 acres) of a 5 -foot wide utility
easement out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive and west
of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the
specified conditions.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adler and Elizondo were
absent.
Minutes - Regular Council Meeting
January 17, 2012
Page 4
10.b. ORDINANCE NO. 029350
Abandoning and vacating a 1,450- square foot portion (0.033 acres) of a 10 -foot wide aerial
electrical easement out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive
and west of Delano Drive; requiring the owner HEB Grocery Company, LP, to comply with
the specified conditions.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adler and Elizondo were
absent.
10.c. ORDINANCE NO. 029351
Abandoning and vacating a 1,699- square foot portion (0.039 acres) of a 5 -foot wide utility
easement out of Alameda Estates, Block 2, Lots 7A, 7C, 7D and 7E, located south of
Robert Drive and west of Delano Drive; requiring the owner, HEB Grocery Company, LP,
to comply with the specified conditions.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adler and Elizondo were
absent.
10.d. ORDINANCE NO. 029352
Abandoning and vacating a 2,144- square foot portion (0.049 acres) of a 10 -foot wide gas
easement out of Alameda Estates, Block 2, Lots 7E and 7F, and an unplatted tract of land
(known as "Lot I" in the Nueces County Appraisal District Records), located south of Robert
Drive and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply
with the specified conditions.
The foregoing ordinance was passed and approved on second reading with the following
vote:WAdame, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adler and Elizondo were
absent.
11. ORDINANCE NO. 029353
Abandoning and vacating a 3,397.68 - square foot portion (0.078 acres) of an existing utility
easement out of Block 2 -A, Lot J, Byron Willis Subdivision; requiring owner, Vishal Hotel,
LP to comply with the specified conditions.
The foregoing ordinance was passed and approved on second reading with the following
vote: Adame, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adler and Elizondo were
absent.
12. ORDINANCE NO. 029354
Exempting The Coves at Lago Vista, Unit 3, Block 2, Lots 21 and 22 from the payment of
wastewater lot and acreage fees pursuant to Section 8.5.2.G.1 of the Unified Development
Code; and requiring the Developer /Owner to comply with the specified conditions.
-4--
Minutes - Regular Council Meeting
January 17, 2012
Page 5
The foregoing ordinance was passed and approved on second reading with the followng
vote: Adame, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adler and Elizondo were
absent.
EXECUTIVE SESSIONS
follows:
Mayor Adame announced the executive sessions which were listed on the agenda as
Executive session under Sections 551.071 and 551.072, Texas Government Code, for legal
advice on a matter in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, which clearly
conflicts with the Texas Open Meetings Act, and deliberations regarding the value or lease
of real property, with possible discussion and action in open session.
Executive session under Section 551.072, Texas Government Code, for deliberations
regarding the value or lease of real property, with possible discussion and action in open
session.
Executive session pursuant to Section 551.087 of the Texas Government Code to
deliberate regarding confidential commercial or financial information received from a
business prospect that the City Council seeks to have locate, stay or expand within the City
and with which the City is conducting economic development negotiations and to deliberate
possible offers of financial or other incentives to said business prospect.
The council went into executive session. The council returned from executive session.
Mayor Adame announced that no action would be taken on the executive sessions.
ZONING CASES
Mayor Adame referred to Item No. 13, and a motion was made and passed to open the
public hearing on the following zoning case:
Zoning Case No. 0711 -02. Sigifredo Montemayor: A change of zoning from the "RS -6"
Single - family 6 District to the "IL" Light Industrial District. The property to be rezoned is
Flour Heights, Block 1, Lot 22, located along the east side of Flour Bluff Drive and
approximately 320 -feet north of the Purdue Road intersection.
City Planner Miguel Saldana referred to a presentation including an aerial view of the
subject property, the existing and future land use map; ownership map location of surrounding
businesses; site plan, and a timeline. Mr. Saldana stated that the Planning Commission and Staff
recommend denial of the "IL" Light Industrial District, and in lieu thereof, approval of the "CN -1"
Neighborhood Commercial District with a Special Permit based on a site plan and eight (8)
conditions.
Council Member Martinez made a motion to close the public hearing, seconded by Council
Member Leal and passed. There were no comments from audience. City Secretary Chapa polled
the council for their votes as follows:
Minutes - Regular Council Meeting
January 17, 2012
Page 6
13. ORDINANCE NO. 029355
Amending the Unified Development Code (UDC), upon application by Sigifredo
Montemayor, by changing the UDC zoning map in reference to Flour Heights, Block 1, Lot
22, from the "RS -6" Single- Family 6 District to the "CN -11SP "Neighborhood Commercial
District with a Special Permit and subject to eight (8) conditions, amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan;
providing a repealer clause; providing a penalty; and providing for publication.
An emergency was declared and the foregoing ordinance was passed and•approved with
the following vote: Adame, Leal, Marez, Martinez and Scott, voting "Aye "; Loeb voting "No ";
Adler and Elizondo were absent.
REGULAR AGENDA
Mayor Adame referred to Item No. 14. Constance Sanchez, Director of Finance explained
that these actions are necessary to finance the energy efficiency projects outlined in Item No. 15.
Mayor Adame asked for comments from the audience on Items 14 and 15. There were no
comments from the audience. City Secretary Chapa polled the council for their votes as follows
14.a. MOTION NO. M2012 -013
Motion authorizing the appointment of M. E. Allison & Co., Inc. as Financial Advisor for the
City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series 2012.
The foregoing motion was passed and approved with the following vote: Adame, Loeb,
Marez, Martinez and Scott, voting "Aye "; Leal voting "No "; Adler and Elizondo were absent.
14.b. ORDINANCE NO. 029356
Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance
of "City of Corpus Christi, Texas Public Property Finance Contractual Obligations, Series
2012" in an amount not to exceed $8,000,000, levying an annual ad valorem tax, within the
limitations prescribed by law, for the payment of the contractual obligations; prescribing the
form, terms, conditions, and resolving other matters incident and related to the issuance,
sale, and delivery of the contractual obligations; authorizing the execution of a Paying
Agent/Registrar Agreement and a Purchase and Investment Letter; complying with the
requirements imposed by the Letter of Representations previously executed with the
Depository Trust Company; delegating the authority to the Mayor and certain members of
the City Staff to execute certain documents relating to the sale of the contractual
obligations; and providing an effective date.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal voting "No ";
Adler and Elizondo were absent.
14.c. ORDINANCE NO. 029357
Ordinance appropriating $60,000 from the Unreserved Fund Balance in the No. 2010 Debt
Service Fund for the Fiscal Year 2011 -2012 debt payment related to the Public Property
-6-
Minutes - Regular Council Meeting
January 17, 2012
Page 7
Finance Contractual Obligations; and changing the FY 2011-2012 Operating Budget
adopted by Ordinance No. 029155 to increase appropriations by $60,000.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal voting "No ";
Adler and Elizondo were absent.
15.a. ORDINANCE NO. 029358
Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No.
029135 adding Project #E11102 Energy Efficiency Conservation Retrofit for Major City
Facilities; increasing revenues and expenditures in the amount of $7,300,000.00.
An emergency was declared and the foregoing ordinance was passed and approved with
the following vote: Adame, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal voting "No ";
Adler and Elizondo were absent.
15.b. MOTION NO. M2012 -014
Motion authorizing the City Manager, or designee, to execute a Fixed Price Energy
Performance Contract (Design /Build) with McKinstry Essention, Inc. of Dallas, Texas, for
Energy Efficiency Conservation Retrofit for Major City Facilities in an amount not to exceed
$6,950,000.00 (Project No. E11102).
The foregoing motion was passed and approved with the following vote: Adame, Loeb,
Marez, Martinez and Scott, voting "Aye "; Leal voting "No "; Adler and Elizondo were absent.
FIRST READING ORDINANCES:
Mayor Adame referred to Item No. 16. Police Captain Breedlove stated that this item is
amending Chapter 26 of the City Code of Ordinances to regulate metal recycles in the city. Mayor
Adame asked for comments from the audience. There were no comments from audience. City
Secretary Chapa polled the council for their votes as follows:
16. FIRST READING ORDINANCE.
Amending Chapter 26, Code of Ordinances, City of Corpus Christi, Metal Recyclers, by
revising several sections in said article to provide for expanded definitions; more offenses
and penalties; providing for publication.,
The foregoing ordinance was passed and approved on first reading with the following vote:
Adame, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Adler and Elizondo were
absent.
FUTURE AGENDA ITEMS
Mayor Adame referred to the Future Agenda Item section on the agenda. Items 17 - 20. Mayor
Adame stated that these items are for informational purposes only and that no action or public
comment will be taken at this time. Staff provided a presentation on Item Numbers 17, 19 and 20.
—7—
Minutes - Regular Council Meeting
January 17, 2012
Page 8
17.a. Ordinance appropriating $500,000 from the Unreserved Fund Balance in the No. 1020
General Fund for a new Public Safety Warehouse Building for the Police Department;
authorizing the transfer of $500,000 from the No. 1020 General Fund to and appropriation
in the No. 3350 Public Health and Safety Capital Improvement Project Fund; and changing
the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase
appropriations by $500,000.
17. b. Ordinance changing the FY2011 -2012 Capital Budget adopted by Ordinance No. 029135
by increasing appropriations by $500,000 for a separate Public Safety Warehouse Building
Project for the Police Department.
17.c. Motion authorizing the City Manager or designee to execute a Professional Services
Contract with LaMarr Womack and Associates, L.P., of Corpus Christi, Texas, in the
amount of $147,141 for the Public Safety Warehouse (Police) Project.
18. Motion authorizing the City Manager or designee to execute a construction materials testing
contract with Rock Engineering and Testing Laboratory, Inc., of Corpus Christi, Texas in
the amount of $65,492 for Airline Road from Saratoga Boulevard to Rodd Field Road.
(Bond 2008)
19. Motion authorizing the City Manager or designee to execute a construction contract with
Barcom Commercial Inc. of Corpus Christi, Texas in the amount of $3,172,000 for the O.
N. Stevens Water Treatment Plant Facility Alterations for the addition to and remodel of the
existing Filter Building Facility.
20. Motion authorizing the City Manager or designee to execute a construction contract with
Associated Construction Partners LTD of Boerne, Texas in the amount of $452,900 for the
Greenwood Wastewater Treatment Plant Improvements 2011 for Part A Air Transmission
Main Re- Routing and Part B Electrical Control Room.
UPDATES TO CITY COUNCIL
Mayor Adame referred to Item No. 22, Regional Parkway Update. Mr. Tom Niskala, CEO,
Metropolitan Planning Organization stated that this project includes the Corpus Christi Metropolican
Planning Organization, the City of Corpus Christi and Nueces and San Patricio counties in
cooperation with the Texas Department of Transportation to develop a new transportation corridor
to connect Nueces and San Patricio counties. He added that the feasibility study will determine
whether existing roadways are sufficient, or if a new roadways is needed.
Mr. Bob Leahey, HDR Engineering provided a brief overview including the project
description, project history; the study area includes 275,000 acres which encompasses Nueces
County, San Patricio County and new crossings; needs and purpose; parkway concept; evaluation
process; conceptual alternatives; viable corridors, and project timeline.
Mayor Adame called for a short recess. The council resumed the council meeting.
Mayor Adame referred to Item No. 21. Redistricting Plan. Mr. Armando Chapa, City
Secretary provided a brief update on the Redistricting efforts. Mr. Chapa informed the council that
one public hearing was . held in the month of January; two press releases were submitted;
publication of the public hearing was posted in the newspaper; posting of the public hearing was
-8-
Minutes - Regular Council Meeting
January 17, 2012
Page 9
posted at City Hall; a map was displayed in City Hall; a city website was created for informational
purposes; and informational packets were sent to various interest groups, as well as the Plaintiffs
in the original single member district lawsuit filed against the city. He stated that the first reading
of the ordinance is scheduled for January 24, 2012 and the final reading adopting the redistricting
plan is scheduled for January 31, 2012.
Mayor Adame referred. to item No. 23, Remaining Proceeds form Bond 2008, Including
Manshiem and Helen Street project. Mr. Oscar Martinez, Assistant City Manager provided an
update on the Bond 2008 Mansheim (Gabriel to Kostoryz) and Helen (Sunnybrook to Gollihar)
project and the street balance. He reviewed the description of the ballot language for the Bond
2008 project for the Mansheim and Helen improvements; council informational packet regarding
description of this project; depicted on a map the work that has been completed on Mansheim from
Gabriel to Kostoryz, and Helen Street from Sunnybrook to Gollihar; the street projects that have
gone out for bid, street balance is approximately $14.0 million; and discussed the remaining
projects left for bidding.
PUBLIC COMMENT
Jack Gordy, spoke about the proposed plan regarding illegal signs; Roland Garza spoke
about the Bond 2008 Mansheim project; Lolly Bernal, spoke about the Mansheim project; Dan Vera
spoke about history.
CITY MANAGER COMMENTS
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 3:45 pm on January 17, 2012.
2
a. COMNIISSION ON CHILDREN AND YOUTH - Three vacancies with terms to 5 -1 -13 and
5 -1 -14 representing the following categories: 1 - Social Services, 1 - Religion and 1 - Youth
Representative.
DUTIES: To support a comprehensive system of services and advance policies to meet the
needs of Corpus Christi's children, youth and their families.
COMPOSITION: The commission shall consist of 14 members appointed by the City Council.
One member shall be representative of each of the following fields: Health, Social Service,
Religion, Legal, Law Enforcement, Education, Business, Youth Services, Sheriff's Office, and
the District Attorney's Office. One member shall be a youth representative from 16 to 21 years
of age at time of appointment. Each appointee shall have demonstrated interest in the welfare of
children or youth through occupation or through association with community -based
organizations. (On 10- 10 -95, Council approved the addition of a Police Officer to serve as an
Advisory Member to be appointed by the Police Chief.)
ORIGINAL
MEMBERS TERMS APPTD. DATES
Debbie Espinosa (Health) 5 -01 -12 8 -12 -08
Charles Imbergamo (At Large) 5 -01 -12 5 -11 -10
Dr. Ridge Hammons (At Large) 5 -01 -13 5 -11 -10
**Betty Trigo (Social Services) 5 -01 -11 5 -11 -10 _
** *Robert Mirabal, Jr. (Religion) 5 -01 -13 5 -13 -08
Danny Kollaja (Business) 5 -01 -14 3 -29 -11
Guy Nickelson (Youth Services), Chair 5 -01 -12 11 -08 -05
Sally Ann Lewis (Education) 5 -01 -13 5 -11 -10
Delia Oliveira (At Large) 5 -01 -14 5 -11 -10
Isaac Valencia (Law Enforcement) 5 -01 -14 5 -13 -08
Fran Willms (Legal) 5 -01 -12 9 -25 -07
***Adana Cordero (Youth Rep.) 5 -01 -13 .5 -11 -10
Clarissa Silva (D.A.'s Office) 5 -01 -12 7 -26 -11
Lt. Tara Rene Martin (Sheriff's Office) 5 -01 -13 10 -13 -09
Capt. Tim Wilson (Police Off.) Advisory 12 -06 -95
Legend:
*Seeking reappointment
* *Not seeking reappointment
***Resigned
****Exceeded number of absences allowed by ordinance
*****Has met six -year service limitation
INDIVIDUALS EXPRESSING INTEREST:
Denise Etheridge
Michael D. Huddleston
Antonio II las
Jason M. Mcdonel
Student (Senior), Tuloso- Midway High School. Ranked
10th in class. Activities include: Band, Soccer, CX Debate,
Extemp, Mock Trail, and UIL Math Team. Interested in
politics. (Youth Representative) (1 116111)
Child Unit Therapist, Padre Behavioral Hospital. Received
M.S. in Counseling from Texas A & M — Corpus Christi
and MBA from Kansas Wesleyan University. Also works
with MHMR of Nueces County. (Social Services) (4106111)
Special Agent. U.S. Dept. of Homeland Security. Received
B.A. in History, Central Connecticut State Univ., and
MDiv, Seminario Evangelico de Puerto Rico, San Juan,
Puerto Rico, current PhD Student in History, Centro de
Estudios Avanzados de Puerto Rico y el Caribe, San Juan,
Puerto Rico. Activities include: Texas Army National
Guard, Chaplain, and Christian Reformed Church in North
America, ministry . associate. Veteran of Operation
Enduring Freedom. (Religion) (01118112)
Juvenile Probation Officer, Nueces County Juvenile
Probation Department — Nueces County Boot Camp.
Received Bachelors in Education majoring in Kinesiology
and Social Studies. Served 4 years in U.S. Marine Corps.
(Social Services) (12115111)
b. MECHANICAL/PLUMBING ADVISORY BOARD — Five vacancies with terms to 1 -2 -14
representing the following categories: 1 — Master Plumber, 1 -- Mechanical Engineer and 1 —
Plumber, 1- Air Conditioning, 1— Home Builder.
DUTIES: To advise the City Council and City Manager regarding any matter in the plumbing
and mechanical fields which it feels should be brought to their attention. To prescribe a
procedure for hearing appeals from the decisions of the Building Official in regard to
interpretation of the Plumbing Code and Mechanical Code.
COMPOSITION: Eleven (11) persons appointed by the City Council: 3 - persons with at least
five years active experience as a plumber licensed in the State of Texas, at least three years of
which shall have been in Corpus Christi, and currently active in the plumbing trade; at least 2 of
whom shall hold Master Plumbers licenses; 1- person with at least 5 years of active experience as
a mechanical engineer, who is registered as a professional engineer in the State of Texas; 1-
person with at least 5 years experience in the home building industry; 1- person with at least 5
years experience in the commercial building industry; 3 - persons with at least 5 years active
experience in heating, ventilation, air conditioning and refrigeration contracting business and
licensed in the State of Texas; 1- person not connected with the building industry; and 1- person
who shall have at least 5 years of active experience in landscape irrigation and is licensed as an
Irrigator by the State of Texas. Six members constitute a quorum, and the concurring vote of not
less than 6 members of the Board is necessary to constitute an official action of the Board.
MEMBERS
*****Elvin P. O' Bryan (Master Plumber)
Bruce S. Hawn (Not Conn. Bldg. Ind.)
David Mathews (Air Conditioning)
*Sean M. Rodriguez (Mechanical Eng.), Co -Chair
Billy Largin (Commercial Builder)
Clinton Bailey (Master Plumber)
*James E. Mokry, Jr. (Plumber)
***Mike Wanzer (Air Conditioning), Chair
Julio Sanchez (Air Conditioning)
*Stacy Gallagher (Home Builder)
Karim I. Salighedar (Irrigator)
**
Legend:
*Seeking reappointment
**Not seeking reappointment_
***Resigned
****Exceeded number of absences allowed by ordinance
*****Has met six -year service limitation
TERM
1 -02 -12
1 -02 -13
1 -02 -13
1 -02 -12
1 -02 -13
1 -02 -13
1 -02 -12
1 -02 -12
1 -02 -13
1 -02 -12
1 -02 -13
ORIGINAL
APPTD. DATE
3 -21 -06
2 -08 -11
7 -21 -09
5 -13 -08
7 -21 -09
2 -08 -11
2 -09 -10
1 -18 -05
7 -21 -09
2 -09 -10
7 -21 -09
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NAME
Stacy Gallagher (Home Builder)
James E. Mokry, Jr. (Plumber)
Sean M. Rodriguez (Mechanical Eng.)
NO. OF MTGS.
THIS TERM
4
4
4
NO.
PRESENT
2 (1 -exc.)
4
2 (1 -exc.)
% OF ATTENDANCE
LAST TERM YEAR
50%
100%
50%
(The Board is recommending the realignment qfJames E. Mokry, Jr. from Plumber to Master
Plumber, Gilbert Canales for Plumber, and Ronalepac for Air Conditioning.)
INDIVIDUALS EXPRESSING INTEREST:
Paul Braly
Gilbert G. Canales, Jr.
Ronald Klepac
Roger Perez
Plumbing Superintendent, Malek, Inc. High School
Graduate, Plumbing Apprenticeship, 37 -year Journeyman
Plumber, 28 -year Master Plumber, Med gas certified,
Backflow certified. Activities include: Coastal Bend
Chapter of American Backflow Prevention Association.
(Plumber) (Master Plumber) (04/12111)
Self - employed. Master Plumber. Former City of Corpus
Christi plumbing/mechanical inspector. Certified plumbing
residential and commercial inspector. Certified mechanical
residential and commercial plumbing inspector. (Plumber)
(Master Plumber) (01109112)
Air Conditioning Estimator. Malek, Inc. Attended Del
Mar College. Acquired over 30 years H.V.A.C. experience.
Holds Class A — Air Conditioning license. Former Master
Plumber also. Activities include: former member
Mechanical/PIumbing Advisory Board.(Air Conditioning)
(04/12111)
GM Residential and Light Commercial, Malek, Inc.
Attended Del Mar College. Activities include: Vice
President, ACCACB Chapter and CC Networking Group.
(Air Conditioning) (06108111)
3
DATE:
TO: Ronald L. Olson, City Manager
AGENDA MEMORANDUM
for the City Council Meeting of January 17, 2012
1/17/2012
FROM: Pete Anaya, P. E., Director of Engineering Services
petean @cctexas.com
(361) 826 -3781
Approval of Testing Agreement Contract:
Airline Road from Saratoga Boulevard to Rodd Field Road (Bond 2008)
(Project No. 6465)
AGENDA CAPTION:
Motion authorizing the City Manager, or designee, to execute a construction materials testing contract
.with Rock Engineering & Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $65,492.00 for
Airline Road from Saratoga Boulevard to Rodd Field Road (Bond 2008).
BACKGROUND AND FINDINGS:
The proposed project is funded through City of Corpus Christi Street Capital Improvement Program
(Bond 2008). The project consists of construction of approximately 7,000 linear feet of Arterial Roadway with
the option of asphalt and concrete, including sidewalks, ADA curb ramps, concrete header curb, water,
wastewater, and storm water lines with new manholes and inlets, reinforced concrete box culvert, street
signage, pavement markings and traffic signal systems; including all appurtenances and associated work in
accordance with the plans, specifications, and contract documents.
The construction contract was awarded on September 27, 2011 to Haas - Anderson Construction
Company of Corpus Christi, Texas for full phased closure asphalt in the amount of $6,261,415.15 (Motion No.
2011 -214). City Council approval is required for construction materials testing to Rock Engineering Testing &
Laboratory, Inc.
ALTERNATIVES:
Material Testing is a requirement of construction but the City could go with another local testing
company at a higher price.
OTHER CONSIDERATIONS:
Based on the information submitted for construction materials testing, Rock Engineering Testing &
_ aboratory, Inc. has the experience and resources to complete the project.
:ONFORMITY TO CITY POLICY:
Conforms to statutes regarding proposal process; FY 2011 -2012 Capital Budget.
' (ENGINEERING OATAEX CHANGEIROBERTQISTREETPRO .IECTNO.6465AIRLUNERRAQFROMSL1 9 _ -" - TfORQDDFEELDROAD ROCK ENG,LARGE TESTING AGREEMENTICITY
:OLINCIL ACTION ITEM.DOCX
EMERGENCY / NON-EMERGENCY:
Not, applicable. _
DEPARTMENTAL CLEARANCES:
Not applicable
FINANCIAL IMPACT:
Fiscal Year: 2011 -2012
Line Item Budget
Encumbered /
Expended Amount
This item
CIP
Project to Date
Expenditures
(CIP only)
$10,888,600.00
Current Year
$518,000.00
Future Years
$471,500.00
10,888,600.00
0.00
0.00
TOTALS
$11,878,1100.00
BALANCE
Fund(s): STREET CIP
Comments: Funding for this contract will only be required during Fiscal Year 2011 -2012.
RECOMMENDATION:
0.00
65,492.00
0.00
10,888,600.00
65,492.00
City staff recommends that the construction materials testing contract be awarded to Rock Engineering
& Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $65,492.00 for the Airline Road from
Saratoga Boulevard to Rodd Field Road (Bond 2008).
LIST OF SUPPORTING DOCUMENTS:
Project Budget
Location Map
Approvals: Veronica Ocanas, Assistant City Attorney
Constance P. Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Oscar R. Martinez Assistant City Manager
KIENGINEERING DATAEXCHANGE IROBERTQ1sTREETIPROJECTN0 .6465AIRLINEROADFROh 20— . 6LVDTORODDFSELDROADIROCK ENG,LARGE TESTING AGREEMENTICITY
COUNCIL ACTION ITEM.DOCX
PROJECT BUDGET
Airline Road from Saratoga Boulevard to Rodd Field Road
Project No. 6465
January 17, 2012
FUNDS AVAILABLE:
Streets CIP (Bond 2008) $8,050,000.00
Utilities CIP $3,828,100.00
Total $11,878,100.00
FUNDS REQUIRED:
Construction (Haas - Anderson Construction Company) * $6,261,415.15
Contingencies (10 %) $626,141.52
Consultant Fees:
Consultant (HDR Engineering) ** $1,296,316.00
Materials Testing (Rock Engineering & Testing) $65,492.00
Reimbursements:
Contract Administration (Contract Preparation /Award /Admin)
Engineering Services (Project MgtlConst. Mgt/Traffic Mgt)
Finance Issuance
Misc. (Printing, Advertising, etc.)
TOTAL
ESTIMATED PROJECT BUDGET BALANCE
*Construction contract was awarded by City Council on September 27, 2011.
** Consultant contract was awarded by City Council on October 19, 2010.
$221,375.00
$281,750.00
$100,625.00
$40,250.00
$8,893,364.67
$2,984,735.34
Mproject \ councilexhibits \exh 6465bb. dwg
LOCATION MAP
NOT TO SCALE
AIRLINE ROAD FROM SARA TOGA
BOULEVARD TO RODD FIELD ROAD
BOND ISSUE 2008
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 7 of T
-loom
lawftweakwo
AGENDA MEMORANDUM
for the City Council Meeting of January 17, 2012
DATE: 12/6/2011
TO: Ronald L. Olson, City Manager
FROM:
Pete Ariaya, P. E., Director of Engineering Services
petean @cctexas.com
(361) 826 -3781
Foster. Crowell, Director of Wastewater Services/jj
foster @cctexas.com
(361) 826 -1801
Approval of Construction Contract:
Greenwood Wastewater Treatment Plant 2011 Improvements
- Part A (Project No. E10203)
Air Transmission Main Re- Routing
Part B (Project No. E10204)
Electrical Control Room (ECR) Flood Protection Improvements
AGENDA CAPTION:
Motion authorizing the City Manager, or designee, to execute a construction contract with Associated
Construction Partners, LTD of Boerne, Texas in the amount of $452,900.00 for Greenwood Wastewater
Treatment Plant Improvements 2011 for Part A Air Transmission Main Re- Routing. Part B Electrical Control
Room.
BACKGROUND AND FINDINGS:
The proposed project is funded through City of Corpus Christi Wastewater Department's FY 2011 -2012
Operating Budget. The contract has bid and City Council approval is required for construction to commence.
The project consists of two parts: Part A fixes an air leak with the existing underground piping installed in 1990
and re- routes the 30 -inch underground air line to above ground for feed to the existing blowers which supply
the existing aeration basins. Part B provides additional flood protection by raising the perimeter wall of the
electrical control room to protect the facility from flooding from adjacent Viola Creek.
On October 26, 2011, the City received proposals from five (5) bidders and the lowest three bidders
and their respective bids are as follows
Contractor
Base Bid
Associated Construction Partners, LTD
Boerne, Texas
$452,900.00
J. S. Haren Company
Athens, Tennessee
$467,000.00
GIN -SPEC, Inc
Kennedale, Texas
$468,288.00
K:IENGINEERING DATAEXCHANGESR0BERTQIWASTEWATER IPROJECTNO.E10203- - 25
0 10204GREENWOODWASTEWATERTREATMENTPLANTIMPROVEMENTSPARTAAIRTRANSMISSIONMAFNRE- .
ROUTINGPARTBELECTRICALCONTROLROOM( ECR )FLOODPROTECTIONIMPROVEMENT511 %20AGENDA %201TEM[1).00CX
ALTERNATIVES:
There are no alternatives associated with this Base Bid.
OTHER CONSIDERATIONS:
The City's consultant, Urban Engineering, conducted a bid analysis of the five proposals submitted to
the City. The lowest bidder based on the Total Base Bid is Associated Construction Partners, LTD of Boerne,
Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, Associated
Construction Partners, LTD. has the experience and resources to complete the project. Urban Engineering
recommends that the City award the Base Bid in the amount of $452,900.00 to Associated Construction
Partners, LTD.
CONFORMITY TO CITY POLICY:
Conforms to statutes regarding construction procurement criteria; FY 2011 -2012 Wastewater Operating
Budget.
EMERGENCY /NON- EMERGENCY:
Not applicable.
DEPARTMENTAL CLEARANCES:
Wastewater
FINANCIAL IMPACT:
Ooeratina Expense
Fiscal Year: 2011 -2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
$578,560.75
$578,560.75
Design 1 Expended
Amount
$37,900.00
_
$37,900.00
This item
$452,900.00
$452,900.00_
$87,76015
BALANCE
$87,760.75
und(s }: Wastewater Operating
Comments: The project requires 150 calendar days, with anticipated completion approximately June 2012.
Thus, funding for this contract will only be required during Fiscal Year 2011 -2012.
RECOMMENDATION:
City staff recommends that the construction contract be awarded to Associated Construction Partners,
LTD. of Boerne, Texas in the amount of $452,900.00 for the Greenwood Wastewater Treatment Plant 2011
Improvements.
LIST OF SUPPORTING DOCUMENTS:
Project Budget
Location Map
Approvals: Veronica Ocanas, Assistant City Attorney
Constance P. Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Oscar R. Martinez, Assistant City Manager
-26-
KIENGNEER]NG DATAEXCHANGE \VELMAPIWASTEWATER1E10203 PART A & 010204 PART B GREENWOOD WWW 2011 IMPSVCONSTRUCTION1.1 AGENDA ITEM.DOCX
PROJECT BUDGET
GREENWOOD WASTEWATER TREATMENT PLANT
2011 IMPROVEMENTS
Project No. E10203 / E10204
January 10, 2012
FUNDS AVAILABLE:
Wastewater Operating (2011 -2012)
FUNDS REQUIRED ::
Construction (Associated Construction Partners, LTD) Base Bid
Contingencies (10 %)
Consultant Fees:
Consultant Design (Urban Engineering) *
Construction Observation Services (Urban Engineering) **
Construction Materials Testing (Allowance).........
$586,486.50
$452,900.00
45,290.00
43,300.00
6,500.00
9,058.00
Reimbursements:
Contract Administration (Contract Preparation /Award /Admin) 12,454.75
Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)... 15,851.50
Misc. (Printing, Advertising, etc.) 1,132.25
TOTAL $586,486.50
*Consultant Contract awarded administratively on December 9, 2010.
** Construction Observation Services included in Urban Engineering's consultant contract.
File : \Mproject
councilexhibits\exhE10203 -- 10204. dwg
CORPUS C3- £RrST! Bey
aRE
SITE LOCATION
NOT TO SCALE
PROJECT # E10203 E10204
gilICY OF
_MEXICO
GREENWOOD WASTEWATER
TREATMENT PLANT
2011 IMPROVEMENTS
-28-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
I
5
DATE:
TO:
AGENDA MEMORANDUM
for the City Council Meeting of 1/17/2012
December 19, 2011
Ronald L. Olson, City Manager
FROM: Richard Badaracco, Interim Chief of Police kga
Richardbaacctexas.com
886 -2603
Amending the ordinance to regulate metal recyclers in the city
CAPTION: Amending Chapter 26, of the Code of Ordinances, City of Corpus Christi, by revising several
sections in said article to provide for expanded definitions; more offenses and penalties; providing for
severance; and providing for publication.
BACKGROUND AND FINDINGS: The Police Department is concerned that the existing ordinance is
inadequate to regulate sales of scrap metal and building construction materials in the city. Increased demand
for metal has caused an alarming increase in metal thefts. Under the current ordinance, secondhand dealers
and metal recyclers are not required to keep photographic records of both sellers and items to be sold or to
forward all daily transactions to www.leadsonline.com or any other real time electronic website database
maintained by the CCPD. In light of these issues, a stronger enforcement approach to regulating secondhand
dealers and metal recyclers is necessary to protect the health, safety, and general welfare of the citizens of this
city. A person who violates this section shall be subject to a fine not to exceed $500 dollars. Each and every
failure to record, register, or comply with any provision of this chapter and each and every item obtained by
purchase in violation of this chapter shall constitute a separate offense.
Staff held several meetings at City Hall and invited all of the business owners and CCPD staff continued to visit
metal recyclers at their places of business. The ordinance included in this packet is the result of compromise
between business owners and City staff.
ALTERNATIVES:
None
OTHER CONSIDERATIONS:
None
CONFORMITY TO CITY POLICY:
Council approval required for approval of the revised ordinance.
EMERGENCY ! NON- EMERGENCY:
Item requires two readings.
DEPARTMENTAL CLEARANCES:
FINANCIAL IMPACT:
X Not Applicable
❑ Operating Expense ❑ Revenue
CIP
Fiscal Year: 2011-2012
Project to Date
Expenditures (CIP)
Current Year
Future Years
TOTALS
Budget
Encumbered /
Expended Amount
This item
BALANCE
unacs):
Comments:
RECOMMENDATION: Staff recommends approval of the amendment as presented
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Approvals:
Alison Logan, Assistant City Attorney
Constance P. Sanchez, Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
D. Troy Riggs, Assistant City Manager
ORDINANCE
AMENDING CHAPTER 26, CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, METAL RECYCLERS, BY REVISING SEVERAL SECTIONS IN
SAID ARTICLE TO PROVIDE FOR EXPANDED DEFINITIONS; MORE
OFFENSES AND PENALTIES; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the City of Corpus Christi is a home rule city having authority to utilize police
power to enact ordinances to protect the health, safety, and general welfare of its citizens;
WHEREAS, the City of Corpus Christi finds that establishing a policy to regulate sales of scrap
metal will provide for a more safe, secure, and aesthetic environment for the citizens and the
City;
WHEREAS, the Council finds that, in order to promote the public health, safety, and welfare of
the citizens of this City, sales of scrap . metal should be regulated as defined below in the City of
Corpus Christi.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. Chapter 26, Code of Ordinances. is revised to read as follows:
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is chi
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not to exceed
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SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court
of competent jurisdiction. it shall not affect any other section, paragraph, subdivision. clause.,
phrase. word, or provision of this ordinance. for it is the definite intent of this City Council that
ev • sectio ara a h subdivisio clause prase word or provision of this ordinance be
given full force and effect for its purpose.
SECTION 4. Publication stall be made in the official publication of the City of Corpus Christi
as required by the City Charter of the City of Corpus Christi.
That the foregoing ordinarl a was read for the first time and passed to its second
reading on this the 1-7 day of , cvt_.v , 2012, by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
District 1 Representative is vacant
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 2012, by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
District 1 Representative is vacant
PASSED AND APPROVED, this the day of •, 2012.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form:
By:
Carlos Valdez
for the City Attorney
Joe Adame
Mayor
AGENDA MEMORANDUM
for the City Council Meeting of January 17, 2012
DATE:
TO:
FROM:
12119/2011
Ronald L. Olson, City Manager
Pete Anaya, P.E., Director of Engineering
petean @cctexas.com, 826 -3781
of Walt Gonzalez, P. E, Director of Water Services
gustavogo@cctexas.com, 826 -1874
f/1
0, N. Stevens Water Treatment Plant Facility Alterations
(Project No. 8657)
Approval of Construction Contract
Barcom Commercial Inc.
Approval of Construction Inspection Services Contract
AGICM, Inc.
AGENDA CAPTION:
a. Motion authorizing the City Manager, or designee, to execute a construction contract with Barcom
Commercial Inc. of Corpus Christi. Texas in the amount of $3,172,000 for the O. N. Stevens Water
Treatment Plant Facility Alterations for the addition to and remodel of the existing Filter Building Facility.
b. Motion authorizing the City Manager, or designee, to execute a Project Management and Inspection
Services Contract with AGCM. Inc. of Corpus Christi, Texas in the amount of $137,606.00 for the 0. N.
Stevens Water Treatment Plant Facility Alterations.
BACKGROUND AND FINDINGS:
This construction contract addresses the reconfiguration of the existing administrative and operational spaces
at the O. N. Stevens Water Treatment Plant to replace the existing control center with a state -of -the -art control
center for improved plant process monitoring and control training with provisions for SCADAltelemetry
upgrades.
The work also includes a redesigned administrative area and training area to better promote the management
and operational practices for staff with ADA accessibility improvements. There will also be a briefing /training
area for interaction with local community stake holders and visiting groups. This project incorporates master
planned' civil site improvements for the filter building site and treatment plant parking areas.
;GiNEEPING DATAEXCHANGEWEI.MAPIINATERtENSWITh6657 rAc .uTY A1.TERM tONS LCONSTRUC 11011AG6taCA LIE1.10 COCX
—47—
On November 16, 2011, the City received proposals from five (5) bidders their respective bids are as follows:
Contractor
Base Bid
Base Bid - Additive
Alternate 1
Base Bid-
Additive
Alternate 2
Total Base Bid
plus AA1 and
AA2
Corbet Group, Inc.
Dallas, TX
$2,775,000.00
$55,000.00
$50,000.00
.
$2,880,000.00
Barcom Commercial, Inc.
Corpus Christi TX
$3,067,000.00
$55,000.00
$50,000.00
$3,172,000-.00
' $3,400,000.00
Greco Construction, Inc.
San Antonio, TX
$3,295,000.00
$55,000.00
$50,000.00
Marshall Company
_ Corpus Christi, TX
$3,398,000.00
$55,000.00
$50,000.00
$3,503,000.00
Journeyman
Construction, Inc.
$3,449,000.00
$55,000.00
$50,000.00
$3,554,000.00
Corbet Group, Inc. was the actual low bidder, but requested a retraction of their bid due to a materials defect in
their proposal. Barcom Commercial, Inc. is the next lowest bidder and they have submitted all information as
required.
ALTERNATIVES:
This project was first introduced in the 2009 -2010 CIP and recognized the need for enhanced and efficient
treatment plant operations. Additionally, it was recognized that relocating treatment plant staff operations from
the Chemical building to the Filter Control building would allow safer plant operations and emergency
response. The project's mitigation of risk resulting in safer plant operations, determined that a "no build"
alternative was not feasible. The choice of the Filter Control building was the safest operational alternative and
most cost effective structure available for the operational reconfiguration.
OTHER CONSIDERATIONS:
Award of the construction contract (Base Bid and Additive Alternates 1 and 2) to the apparent 2nd Low Bidder,
Barcom Commercial, Inc., a local contractor, is recommended as their bid was fully responsive and within the
Capital Program Budget.
CONFORMITY TO CITY POLICY:
Conforms to statutes regarding bid process; FY2011 -2012 Capital Budget.
EMERGENCY 1 NON - EMERGENCY:
Not Applicable
DEPARTMENTAL CLEARANCES:
Water
ICIENGINEERING DATAEXCHANGEW ELMAPIWATERIONS WTP18657 FACILITY ALTT=RATION&' 4 81.N " ,TIONNIAGENDA MEMO. DOCX
FINANCIAL IMPACT: CIP
Fiscal Year: 2011 -2012
Project to Date
Expenditures
(CIP only)
Current Year
.
Future Years
TOTALS
Line Item Budget
$300,800.00
$3,600,000.00
$1,800,000.00
$5,700,800.00
Encumbered /
Expended Amount
$300,800.00
$300,800.00
This item
$3,309,606.00
$3,309,606.00
BALANCE
$290,394.00
$1,800,000.00
$2,090,394.00
Fund(s): Water CIP, Fund 4080
Comments: This project is a multi -phase project funded out of the Water CIP Fund. The goal of this project is
to improve operational efficiency and safety.
RECOMMENDATION:
The City's Consultant on this project, Chuck Anastos, AIA, and City staff recommend that the Construction
Contract be awarded to Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $3,172,000.00 for
the Base Bid plus Additive Alternate 1 (AA1) and Additive Alternate 2 (AA2).
City staff recommend that a Project Management and Inspection Services Contract be awarded to AGCM of
Corpus Christi, Texas in the amount of $137,606.00.
LIST OF SUPPORTING DOCUMENTS:
Project Budget
Location Map
Letter of Recommendation
Approvals: Veronica Ocanes, Assistant City Attorney
Constance P. Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Oscar R. Martinez, Assistant City Manager
K:IENGINEERING DATAEXCHANGEWELMAPIWATERIONSWTP18657 FACILITY ALTERATIONSSC4 '9T.22,,1^1ONIAGENOA MEMO.000X
PROJECT BUDGET
O.N. STEVENS WATER TREATMENT PLANT FACILITY ALTERATIONS
(CIP 2011 -2012)
Project No.8657
January 17, 2011
FUNDS AVAILABLE:
Water CIP (2010 -2012) $5,700,800.00
FUNDS REQUIRED:
Construction Base Bid plus AA1 and AA2 (Barcom Commercial, Inc.) $3,172,000.00
Contingency (10 %) 317,200.00
Consultant Fees:
Design Consultant (Chuck Anastos, LLC)* 268,858.00
Construction Observation (AGCM, Inc.) 137,606.00
Project Management Consultant (R.H. Shackleford)) 14,375.00
Geotechnical Consultant (Rock Engineering & Testing) 23,414.00
Asbestos Consultant (Mody K. Boatright) ... 26,720.00
Security Gate Services (Total Protection Systems, Inc.) 119,034.20
Materials Testing (TBD) 14,375.00
Reimbursements:
Contract Administration (Contract Preparation /Award /Admin) 87,230.00
Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 111,020.00
Finance Issuance 7,930.00
Misc. (Printing, Advertising, etc.) 7,930.00
TOTAL • $4,307,692.20
ESTIMATED PROJECT BUDGET BALANCE** $1,393,107.80
* Contract approved by Council June 9, 2009.
File : \ Mprojec t\councilexhibifs \exh8857.dwg
NUECES
F.M. 524
PROJECT
LOCATION
0
u
PROJECT #8557
NuP�Ps
Coum).
ifre
HWY 44
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ACHES
.7 UECES Bay
Raab
CCIA
LOCATION MAP
NOT TO SCALE
JOE MIREUR
AIM
BEAR
ono
O.N. Stevens Facility Alterations
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
-51--
ARCH! T E C T U R E
CHOCK fl 11f5TO5
.€ 1:1 i T r S 1. 1. C.
02 December 2011
Mr. Pete Anaya, PE
Director of Engineering Seivices
City Of Corpus Christi
PO Box 9277
Corpus Christi. TX 78469 -9277
Re: Approval of the General Contractor for the ON Stevens Facility
Alterations Project, City Project No. 8657
Dear Mr. Anaya:
I recommend acceptance of Barcom Commercial. Inc. as the successful
bidder For the above referenced City Project. As you are aware, Corbett
Commercial Builders were the actual low bidder, but requested a retraction _;
their bid due to a materials deficit in their proposai. Barcom Cocru ac rcia', ': rc ;.
are the next lowest bidder and they have submitted all information as
required. A11 references were found to be acceptable.
,HTEaFoa OEStGN Please call with questions or additional information you may require
Sincerel
Chuck At stos, A1A
Project ' rchitect
PO BOX 3683
CORPUS CFIRIST1
TEXAS 70487
90 1 S - .S.TAP!. E S
CORPUS CHRISTI
TEXAS 78404
- TEL 381!$91.is22
FAX 3611884.4419
e n 8616 se 8 sod A10 S.aom
7
DATE:
TO: Ronald L. Olson, City Manager
AGENDA MEMORANDUM
,for the City Council Meeting of January 24, 2012
1/17/2012
FROM: Armando Chapa, City Secretary
armandoc@cctexas.com
(361) 826-3105
Adjustments to the Current City of Corpus Christi Single Member District Lines
CAPTION:
Ordinance approving the Redistricting of the City's Single- Member Council Districts and establishing new
district boundary lines based on 2010 Census Data for Corpus Christi City Council Elections; directing the
City's redistricting consultant to submit the adopted plan for preclearance under Section 5 of the Federal Voting
Rights Act; and providing for an effective date.
BACKGROUND AND FINDINGS:
On September 20, 2011, the council approved a contract with Bickerstaff Heath Delgado Acosta, LLP for
redistricting services.
On November 8, 2011, Bickerstaff Health Delgado Acosta LLP provided information on the initial assessment
of the Single Member District Population Deviations and approved the criteria for use in the Redistricting 2011
process and established guidelines for persons submitting comments and specific redistricting proposals. A
Draft Plan for council consideration was presented. Following are the precinct adjustments recommended
based on the 2010 census data:
District 1
District 2
District 3
District 4
District 5
Remove Voting Precincts 61 and 77. Add Voting Precincts 1, 21 and 33.
Remove Voting Precincts 1, 21, and 33. Add Voting Precincts 5, 61, 77, 86 and 89.
Remove Voting Precinct 89. Add Voting Precinct 112 and a portion of Precinct 16 *).
Remove Voting Precincts 5 and 86. Add Voting Precinct 8.
Remove Voting Precincts 8, 16 and 112
On December 13, 2011, the council approved a Redistricting Illustrative Plan and set a public hearing date to
receive comments from members of the public.
On January 5, 2012 a public hearing was held to receive comments from the public. There was no opposition
to the Illustrative Plan. The following citizens spoke in support of the plan: Mr. Abel Alonzo, Ms. Susie Luna -
Saldana and Mr. Ramiro Gamboa.
In an effort to solicit public response to the Redistricting Plan, one public hearing was held in the month of
January; two press releases were submitted; publication of the public hearing was posted in the newspaper;
posting of the public hearing was posted at City Hall; a map was displayed in City Hall; a city website was
created for informational purposes; and informational packets were sent to various interest groups, as well as
the Plaintiffs in the original single member district lawsuit filed against the city.
Following approval of the plan, a submission to the U.S. Department of Justice will occur. Approval by the U.S.,
Department of Justice is anticipated sixty days after the submission
ALTERNATIVES:
NIA
OTHER CONSIDERATIONS:
None
EMERGENCY / NON-EMERGENCY:
Two - Reading Ordinance
FINANCIAL IMPACT: Not applicable
Fiscal Year: 2011 -2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
Encumbered /
Expended Amount
This item
BALANCE
Fund(s):
RECOMMENDATION:
Staff recommends approval of the ordinance as presented.
LIST OF SUPPORTING DOCUMENTS;
Ordinance
Approvals: Alison Logan, Assistant City Attorney
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, APPROVING THE REDISTRICTING OF THE CITY'S
SINGLE -MEMBER COUNCIL DISTRICTS AND ESTABLISHING NEW
DISTRICT BOUNDARY LINES BASED ON 2010 CENSUS DATA FOR
CORPUS CHRISTI CITY COUNCIL ELECTIONS; DIRECTING • THE
CITY'S REDISTRICTING CONSULTANT TO SUBMIT THE ADOPTED
PLAN FOR PRECLEARANCE UNDER SECTION 5 OF THE FEDERAL
VOTING RIGHTS ACT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the results of the 2010 federal Census have been considered and indicate
that the City of Corpus Christi's single - member council districts are sufficiently out of
population balance to require redistricting in order to comply with the "one- person, one- vote"
(equal population) principle established by the U.S. Constitution; and
WIIEREAS, the City of Corpus Christi (the "City ") engaged the law firm of Bickerstaff
Heath Delgado Acosta LLP to act as the City's redistricting consultant, including advising and
assisting the City Council in preparation of a new redistricting plan in compliance with
applicable requirements of state and federal law; and
WHEREAS, on November 8, 2011, the City Council adopted redistricting criteria to
assist the City and the public in developing redistricting plans which comply with applicable
federal and state laws, and the adopted redistricting criteria were applied in the development of
the City's new redistricting plan; and
WHEREAS, on November 8, 2011, the City Council also adopted redistricting
guidelines regarding the submission of comments and proposed plans by the public, to ensure the
ability of the City to timely receive and adequately consider them; and
WHEREAS, during the redistricting process the City provided notice to the public of its
proposed discussions and development of a redistricting plan through meeting agendas posted in
compliance with the Texas Open Meetings Act, notices on the City's website, and publication of
newspaper notices, as well as providing certain individual notices regarding public hearings; and
WHEREAS, the City Council has considered the proposed redistricting plan at City
Council meetings on December 13, 2011 and at a public hearing held on January 5, 2012, and
has considered oral testimony, written comments, reports from the City's redistricting consultant,
and a proposed plan regarding the appropriate reconfiguration of the council member districts;
and
WHEREAS, the City Council finds that the attached city council district redistricting
plan is in the best interest of the citizens of the City, complies with the adopted redistricting
criteria, and is believed to comply with all state and federal requirements, including requirements
for preclearance under Section 5 of the federal Voting Rights Act;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. A.That the existing single- member council district boundary lines for the
City of Corpus Christi are hereby amended, and the new districting plan depicted on the map
attached hereto as Exhibit A, defining new districts, as such new districts are further described
in the tables attached hereto as Exhibit B reporting populations and demographic statistics for
each such new district, is hereby adopted and designated to define the City's five single- member
council districts from and after the Effective Date; that Exhibits A and B are incorporated by
reference in and made a part of this ORDINANCE, and shall be kept on file in the City
Secretary's Office; and, further, that the City's redistricting consultant is hereby authorized and
directed to submit the adopted plan to the United States Department of Justice for preclearance
under the Section 5 of the Voting Rights Act.
B. That this ORDINANCE shall take and be given effect immediately upon
preclearance of the adopted plan under Section 5 of the Voting Rights Act; and that thereafter all
Corpus Christi City Council elections shall be held under and in accordance with the new single -
member council district districting plan here adopted by the City Council and precleared by the
Department of Justice, until such time as a subsequent lawfully- enacted districting plan shall be
adopted to replace this plan and has been precleared under Section 5 or its successor statute, as
applicable.
SECTION 2. C. That the five single member districts shall consist of those Nueces
County voting precincts and portions of Nueces County and Kleberg Counting voting precincts
that are within the city limits set out on Exhibit C and the district boundaries of said single
member districts are hereby amended and adopted as the new single member district boundaries
as set out on the map attached as. Exhibit B.
2
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of , 2012, by the following vote:
Joe Adame John E. Marez
Chris N. Adler Nelda Martinez
Larry Elizondo Mark Scott
Priscilla G. Leal District 1 Representative is vacant
David Loeb
That the foregoing ordinance was read for the second time and passed finally on this the
day of , 2012, by the following vote:
Joe Adame John E. Marez
Chris N. Adler Nelda Martinez
Larry Elizondo Mark Scott
Priscilla G. Leal District 1 Representative is vacant
David Loeb
PASSED AND APPROVED, this the day of , 2012.
ATTEST: CITY OF CORPUS CARISTI
Armando Chapa
City Secretary
APPROVED as to form: January 18, 2012.
By:
Carlos Valdez
for the City Attorney
Joe Adame
Mayor
3
_5g_
EXHIBIT A
EXHIBIT B
City of Corpus Christi
Illustrative Plan 1
Summary 2010 Census Total and Voting Age Population
R
. District
Persons
Deviation
Hispanic %
of Total
Population
Non- Hispanic
Anglo %
of Total
Population
Non - Hispanic
Black /°
of Total
Population
Non - Hispanic
Asian /°
of Total
Population
Non - Hispanic
Other /°
of Total
Population
1
59,530
- 217%
64.53%
29.67%
4.35%
0.44%
1.01%
2
58,789
- 3.38%
75.04%
20.89%
2.69%
0.43%
0.94%
3
61,009
0.26%
77.16%
15.40%
5.72%
0.74%
0.98%
4
63,071
3.65%
33.70%
58.20%
2.93%
2.88%
2.31%
5
61,843
1.64%
50.28%
4018%
3.86%
4.21%
1.47%
Totais
304,242
59.81%
33.16%
3.91%
1.77%
1.35%
Ideal Size = 304,24215 = 60,848 per district.
Total Maximum Deviation = 3.65% - (-3.38%) = 7.04%
Some percentages may be subject to rounding error.
District
VAP*
Total VAP
Hispanic %
of Total VAP
Non- Hispanic
Anglo %
of Total VAP
Non- Hispanic
Black %
of Total VAP
Non - Hispanic
Asian %
of Total VAP
Non - Hispanic
Other %
of Total VAP
1
43,357
60.58%
33.33%
4.61%
0.51%
0.98%
2
43,146
71.65%
24.14%
2.84%
0.50%
0.87%
3
44,010
74.27%
18.18%
5.82%
0.86%
1
0.86%
4
49,053
29.83%
62.20%
2.87%
3.14%
1.98%
5
46,017
46.99%
43.75%
3.92%
4.13%
1.20%
Totals
225,583
55.91%
37.02%
3.99%
1.89%
1,20%
Voting Age Population
Some percentages may. be subject to rounding error.
12/14/2011
-64-
City of Corpus Christi
Illustrative Plan 1
Detailed 2010 Census Total and Voting Age Population
id
Psrsms
Ideal Sits
DBTIelon
Hispanic
l Talal
ILapanlo
PoPWNOn
Anpo
% Viols!
Analo
Papule',
Black
% B.35
Bloch
Population
American
Indian
%efTo41
Arad "
imam
Popula9on
Asian
% 55
Atof
Pnpuiallon
Hawanau-
Pacific
i.w,dra
%pro W
Hawaiian
Pao4
l•lnr4u
Ramekin
Other
% LTUW
peer
Payuelon
Two or
Woo°
14 IT W
Two Mote
Populeon
99,538
90,846
2,17%
35,417
64.53%
17,1980
29.6735
2,589
4.35%
135
4.2335
253
0.44%
14
0.02%
74
0.12%
351
0.6435
59,789
50,948
4.3635
.- 44,118
75.04%
12,283
28.6935
1,553
2.0935
129
9.2235
255
0.4335
19
0.0335
B3
9.1535
312
0.53%
0.8135
1.8796
1.03%
61,009
00,848
0.7535
47,075
77.16%
9,396
1640%
3,492
5.72%
129
021%
451
0.74%
27
5.04%
68
6.1135
372
63,071
60,848
3.65%
21,252
33.70%
36,705
582835
1,817
2.53%
266
0.42%
1,817
21535
79
0.12%
65
0.10%
1 053
61,843
60,898
1.6435
31,005
5028%
24,648
40.1855
2,388
3.86%
133,`
0.72%
2,602
42135
56
0.11%
73
0.12%
638
ils
304,242
181,955
59.81%
100,893
33.19%
11,896
3.91%
792
0.26%
5,388
1.77%
204
0.07%
367
0.12%
2,757
0.91%
to = 304,242 / 5 a 60,846 per district
attars mayia meet o mundT5 rum -
ICt
Tote! VAP'
Hispanic
VAP
%op 55
ILa'pawnm
An910 VAP
7: orTohl
FrglpvllP
slack VAP
%orTaYl
eladrv/Ip
American
Indian VAP
%.1Tela1
hem
Asian VAP
3alTed
Pale VAP
4".. ,.an-
Mere
Iolandar
VAP
y.orTOW
hereon•
Wander Pae no
Other VAP
%alTaW
�,arlhe
Tem or
VAP
%al Tee
T vAV pre
43,357
^
28266
60.59%
14,459
r
33.3335
1,599
4.61%
115
027%
220
0.51%
10
0,02 35
. 51
0.12%
250
05855
43,f46
30914
71.8635
10,415
24.14%
1,225
2.8444
94
'92235
215
0.5335
18
.2.0435
. 73
0.17%
192
0.45%
44,010
32885
7427%
8,003
18.187.
2,563
5.82%
105
024%
370
086%
20
0.05%
48
0.11%
205
0.47%
40053
14631
29.83%
30,512
6220%
1,457
2.57%
219
0.45%
1,541
3.14%
62
0.13%
52
0.11%
936
1.30%
0.91%
45,017
21,625
46,9835
20,134
43.75%
1,803
3.52%
99
022%
1,501
4.13%
43
0.0635
41
0.09%
371
I0
225,583
126,120
55.91%
83,514
37.02%
8,897
3.99%
633
0.28%
4,256
1.49%
163
0.07%
285
0.1235
1,654
0.73%
4pe Papuledpn
anlapaa may M ehlo tte Iau e%nnnl.
12)14/2011
EXHIBIT C
EXHIBIT C
DISTRICT 1 DISTRICT 2 DISTRICT 3 DISTRICT 4 DISTRICT 5
1 5 4 2 3
7 31 *15 6 16
*9 39 20 8 17
21 43 24 18 *26
*23 48 *34 *19 29
30 50 60 **28(K) 32
33 53 70 40 67
38 56 71 42 88
41 57 74 63 115
44 58 78 64 116
45 59 80 65 119
46 61 93 81 124
47 62 95 90 125
49 66 98 91
51 68 106 92
52 69 112 117
76 72 113 120
79 73 *114 122
82 75 118
99 77 121
100 83
101 84
*103 85
*107 86
110 87
*111 89
123 94
96
97
109
* Indicates partially inside and outside city Limits.
**Port ion of Klegberg County voting precinct located within City limits.
8
AGENDA MEMORANDUM
for the City Council Meeting of January 17, 2012
DATE: 01/17/2012
TO: Ronald L. Olson, City Manager
FROM:
Dan Biles, P. E., Interim Director of Engineering Services
daub @cctexas.com
(361) 826 -3729
MOTIONS AUTHORIZING REIMBURSEMENT AGREEMENTS
(1) KINDER MORGAN TEAS PIPELINE, (2) ENERFIN FIELD SERVICES,
(3) EQUISTAR CHEMICALS, LP
McKinzie Road Subsurface Utility Exploration (S.U.E.) (Project No. E11101)
AGENDA ITEM:
A. Motion authorizing the City Manager, or designee, to execute a Reimbursement Agreement with
Kinder Morgan Tejas Pipeline, LLC, in the amount of $252,454 to adjust or relocate its pipeline
amenities to clear city right -of -way on McKinzie Road from the Lyondell Plant to Haven Drive.
B. Motion authorizing the City Manager, or designee, to execute a Reimbursement Agreement with
Enerfin Field Services, LLC, in the amount of $126,655.38 to adjust or relocate its pipeline
amenities to clear city right -of -way on McKinzie Road from the Lyondell Plant to Haven Drive.
C. Motion authorizing the City Manager, or designee, to execute a Reimbursement Agreement with
Equistar Chemicals, LP in the amount of $29,873 to adjust or relocate its pipeline amenities to
clear city right -of -way on McKinzie Road from the Lyondell Plant to Haven Drive.
BACKGROUND AND FINDINGS:
The City desires to dedicate the McKinzie Road right -of -way to the Texas Department of Transportation
(TxDOT) and delegate all maintenance to the State. As per the agreement between the City and TxDOT, the
City obtained all the right -of -way parcels and is to adjust all utilities prior to dedication. TxDOT will not accept
the right -of -way until all utilities conform to the Texas Administrative Code and will not conflict with proposed
TxDOT improvements.
City Council accepted the provisions of the Texas Transportation Commission Minute Order No.
101085 on August 25, 1992 by Resolution No. 021461. This order specifically states the City is 100 %
responsible for the adjustment of all utilities within the right-of-way in accordance with TxDOT. Policies.
City Council approved Motion No 2004 -426 on November 16, 2004, which authorizes the City Manager
to enter into an advanced funding agreement with TxDOT for the McKinzie Road Improvements that states the
City will be 100% responsible for the right -of -way acquisition and utility adjustments. TxDOT will be 100%
responsible for the construction of the McKinzie Road improvements once the right -of -way has been dedicated
to TxDOT. TxDOT has agreed to widen the road to two 12 foot travel lanes with 10 foot shoulders from 2.6
miles south of IH 37 ( Lyondell Plant) to Haven Drive.
_71_
IC: ENGINEERING DATAEXCHANGE:IVELMAPISTREE RE11101 MCK[NZIE ROAD SUEIREIMBURSEMENT AGREEMENTSID AGENDA ITEMIAGENDA ITEM t.000
ALTERNATIVES:
If the City Council decides not to execute these reimbursement agreements, the pipeline companies will
not adjust their pipelines and TxDOT will not accept the dedication of McKinzie Road right -of -way. The City
would then retain the responsibility of maintenance of this portion of McKinzie Road and TxDOT will not
construct the widened lanes and shoulders.
OTHER CONSIDERATIONS:
If the City does not dedicate the McKinzie Road right-of-way to TxDOT, the $2.5 Million of federal
funding for improvements to this portion of the roadway allocated by the Metropolitan Planning Organization
will be re- allocated to another state roadway.
CONFORMITY TO CITY POLICY:
Not applicable.
EMERGENCY/NON-EMERGENCY:
Not applicable.
DEPARTMENTAL CLEARANCES:
Not applicable.
FINANCIAL IMPACT: CIP
Fiscal Year: 2011 -2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
$2,826,700.00
$5,653,400.00
$8,480,100.00
Encumbered 1
Expended Amount
$383,500.00
383,500.00
This item
. 408,982.38
408,982.38
BALANCE
$383,500.00
$2,417,717.62
$5,653,400.00
$7,687,617.62
Fund(s): Street
Comments: This agreement does not require any payment to TxDOT.
RECOMMENDATION:
It is recommended to execute Reimbursement Agreements with Kinder Morgan Tejas Pipeline, Eneriin
Field Services, and Equistar Chemicals, LP related to the subsurface utilities along McKinzie Road from the
Lyondell Plant to Haven Drive.
LIST OF SUPPORTING DOCUMENTS:
Location Map
Approvals: Veronica Ocanas, Assistant City Attorney
Constance P. Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Oscar R. Martinez, Assistant City Manager
—72—
K\ENGINEERING DATAEXCHANGEVELMAP 1s7REET\E11101 MCKINZFE ROAD SUEIREIMBURSEMENT AGREEMENTSID AGENDA fTEMIAGENDA [TEM 1.DOC
\ Mproject \coundlexhrbits\exhE11101.dwg
wj
N
RIVER
fi
HAVEN
PROJECT# E11101
LYONDELL1
PLANT
HVY 44
PROJECT LOCATION
FM 3.385 (McKINZIE ROAD)
z
ce
LOCATION MAP
NOT TO SCALE
McKINZIE ROAD SUBSURFACE UTILITY
EXPLORATION (S.U.E.) FROM LYONDELL
PLANT TO HAVEN DRIVE
CRY OF CORPUS CHRIST!. TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
-73-
REIMBURSEMENT AGREEMENT
State of Texas
County of Nueces
This agreement is entered into this _ day of , 2011 by and
between the City of Corpus Christi, Texas, a municipal corporation, hereinafter called
CITY and Kinder Morgan Tejas Pipeline LLC, a Delaware limited liability company
hereinafter called Kinder Morgan; both acting through their duly authorized
representatives.
WHEREAS, CITY desires to dedicate the MoKinzie Road right-of-way to the Texas
Department of Transportation (TxDOT) as shown on Exhibit A; and
WHEREAS, Kinder Morgan is the owner of a natural gas pipeline that will be in conflict
with the Texas Administrative Code requirements for utilities in state right -of -way once
the right of way is dedicated to the .Texas Department of Transportation and is located in
the McKinzie Road right -of -way; and
WHEREAS, the easement encompassing Kinder Morgan's pipeline predates the
dedication of the City of Corpus Christi McKinzie Road Right of Way; the City will
reimburse Kinder Morgan 100% of the actual eligible costs to relocate the required (as
per TxDOT) pipeline amenities and to protect Kinder Morgan's pipeline, which costs are
estimated to be $252,454.00.
NOW THEREFORE; CITY and Kinder Morgan agree as follows:
1. Kinder Morgan shall adjust or relocate its pipeline amenities to clear CITY's
right-of-way. The relocated pipeline amenities shall be near or outside the right-
of-way line as shown in Exhibit A. Kinder Morgan will:
a. Extend the pipeline casing to the right-of-way line
b. Relocate pipe vent, test lead, pipeline marker and any other pipeline
amenities to the right-of-way line
2. Kinder Morgan shall be responsible for surface restoration to its original
condition all areas disturbed by their operations (Le, lawns, trees, driveways, tree
removal and replacement, etc).
3. Kinder Morgan shall submit to the CITY, for review, plans for the pipeline
relocation and a schedule for completion.
4 CITY shall reimburse Kinder Morgan for 100% of the actual eligible costs of
relocating the pipeline. Within sixty (60) days after the completion of the project,
Pipeline Adjustments Page 1 of 3
Kinder Morgan
_74_
Kinder Morgan will provide a statement of the actual costs and expenses (both
direct and indirect) incurred during the construction of the adjustment project.
CITY shall, within thirty (3 0) days of its receipt of such statement, remit payment
to fully reimburse Kinder Morgan.
5. Kinder Morgan shall obtain the insurance requirements as described in Exhibit B,
which is attached hereto and made a part of this Agreement.
6. Kinder Morgan shall relocate its pipeline within 120 days of approval of this
agreement by CITY Council.
7. Contractor agrees to indemnify, save harmless and defend the City,
its agents, servants, and employees, and each of them against and
hold it and them harmless from any and all lawsuits, claims,
demands, liabilities, losses and expenses, including court costs and
attorneys' fees, for or on account of any injury to any person, or any
death at any time resulting from such injury, or any damage to any
property, to the extent caused by the acts or omissions of Kinder
Morgan it's employees, agents or contractors, which may arise or
which may be alleged to have arisen out of or in connection with the
work covered by this Contract. The foregoing indemnity shalt apply
except if such injury, death or damage is caused directly by the
negligence or other fault of the City, its agents, servants, or
employees or any person indemnified hereunder.
Pipeline Adjustments Page 2 of 3
Kinder Morgan
_75-
Executed in duplicate this day of , 2011.
CITY OF CORPUS CHRISTI, TX
KINDER MORGAN TEJAS PIPELINE
LLC
By B 4r
By
Ron Olson Date
City Manager Pri
RECOMMENDED
ley - c/454_
r& Pete Anaya, P.E. Date
Director, Engineering Services
ATTEST
. By
Armando Chapa,
City Secretary
APPR VED AS TO FORM
By
t4 City Attorney
Pipeline Adjustments
Kinder Wigan
Date
Date
Page 3 of 3
-76-
Nib
Date 10A
Title Mirdliati IfJ Ffter
500 Dallas St., Sue 1 000
Houston, TX 77002
\ Mpro ject \councilexhiblts \exhE 11101. dwg
N,.
RIVER
PROJECT LOCATION
FM 3386 (MCKINZIE ROAD)
HWY 44
LOCATION MAP
NOT TO SCALE
PROJECT # E11101
EXHIBIT "A"
L
LOCATION MAP
FOR
REIMBURSEMENT AGREEMENT
_77_
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: loft
DATE: 9/21/2011
�-
MOW ■11
EXHIBIT B
INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required herein has
been obtained and such insurance has been approved by the City such approval not to be
unreasonably withheld. The Contractor must not allow any subcontractor to commence work until
all similar insurance required of the subcontractor has been so obtained.
B. Contractor must furnish to the City's Risk Manager, copies of Certificates of Insurance, with
applicable policy endorsements showing the following minimum coverage by insurance
company(s) reasonably acceptable to the City's Risk Manager. The City shall, with respect to the
indemnity obligations assumed by Contractor under the agreement to which this Exhibit is
attached, be named as an additional insured for the General Liability policy required below. A
blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day Notice of Cancellation required on ail
certificates or by applicable policy endorsements
Bodily Injury and Property Damage
Per occurrence - aggregate
Commercial General Liability including:
1. Commercial Broad Form
2. Premises – Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/ Completed Operations Hazard
6. Contractual Liability
7. Independent Contractors
$l,000,000 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY—
1. Owned
2. Hired & Non -owned
$1,000,000 COMBINED SINGLE LIMIT
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
WHICH COMPLIES WITH THE TEXAS
WORKERS' COMPENSATION ACT AND
PARAGRAPH II OF THIS EXHIBIT
$500,000/ $500,000 /5000,000
C. In the event of accidents of any kind, the Contractor must notify the Risk Manager of any
accidents related to this agreement within ten (10) days of any accident.
U. ADDITIONAL REQUIREMENTS
A. Contractor must obtain workers' compensation coverage through a licensed insurance
company in accordance with Texas law. The contract for coverage must be written on a
policy with endorsements approved by the Texas Department of Insurance. The
—78-
coverage provided must be in amounts sufficient to assure that all workers' compensation
obligations incurred will be promptly met.
B. Contractor's financial integrity is of interest to the City; therefore, Contractor shall obtain
and maintain in full force and effect for,the duration of this Contract, and any extension
hereof, at Contractor's sole expense, insurance coverage by companies authorized to do
business in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C. The City shall be entitled, in the event of a suit being filed against it to receive copies of
the policies, declarations page and all endorsements thereto as they apply to the limits
required by the City. All notices under this Article shall be given to City at the following
address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469 -9277
(361) 826 -4555- Fax #
D. Contractor agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• Name the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured, on the required General Liability coverage as
respects operations and activities of, or on behalf of, the named insured performed under
contract with the City but only to the extent of Contractor's indemnity obligations under
such contracts;
• Provide that the "other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, or non - renewal in coverage, and not less than ten (10) calendar
days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage,
Contractor shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Contractor's performance
should there be a lapse in coverage at any time during this contract. Failure to provide
and to maintain the required insurance shall constitute a material breach of this
agreement.
F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to stop work hereunder..
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
—79—
resulting from Contractor's or its subcontractor's performance of the work covered under
this agreement.
H. It is agreed that to the extent of Contractor's indemnity obligations under the Agreement
to which this Exhibit is attached, Contractor's insurance shall be deemed primary and
non- contributory with respect to any insurance or self insurance carried by the City of
Corpus Christi.
It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
REIMBURSEMENT AGREEMENT
State of Texas
County of Nueces
This agreement is entered into this day of , 2012, by and between the
City of Corpus Christi, Texas, a municipal corporation, hereinafter called CITY and Enerfin
Field Service LLC, a Texas Limited Liability Company, hereinafter called Enerfim; both acting
through their daily authorized representatives.
WHEREAS, CITY desires to dedicate the McKinzie Road right-of-way to the Texas Department
of Transportation ( TxDOT) as shown on Exhibit A; and
WHEREAS, Enerfin is the owner of a natural gas pipeline that is in conflict with the Texas
Administrative Code requirements for utilities in state right -of -way; and
WHEREAS, the easement encompassing Enerfin's pipeline predates the dedication of the City of
Corpus Christi McKinzie Road Right of Way; the City will pay an amount, currently estimated to
be $126,655.38, for Enerfin to modify or relocate the required (as per TxDOT) pipeline
amenities.
NOW THEREFORE; CITY and Enerfin agree as follows:
1. Enerfin shall, at its own cost, adjust or relocate its pipeline amenities to clear C1TY's
right -of -way. The modified or relocated pipeline amenities shall be near or outside the
right -of -way line as shown in Exhibit A. Enerfin will:
a. Extend the pipeline casing to the right -of -way line;
b. Relocate pipe vent, test lead, pipeline marker and cathodic ground bed and
rectifier to the right-of-way line; and
c. Install a concrete cap over pipeline.
2. Enerfin shall be responsible for surface restoration to its original condition all areas
disturbed by its operations (i.e, lawns, trees, driveways, tree removal and replacement,
other utility relocations and adjustment etc.).
3. Enerfin shall submit to the CITY, for review, plans for the pipeline modification or
relocation and a schedule for completion.
4. CITY shall reimburse Enerfin for the total eligible (as per TxDOT standards) costs of
modifying or relocating the pipeline currently estimated to be $126,655.38.
Reimbursement shall be made within 30 days upon submission of invoices detailing the
eligible (as per TxDOT standards) costs incurred in the modification or relocation.
5. Enerfin shall obtain the insurance requirements as described in Exhibit B, which is
attached hereto and made a part of this Agreement.
Pipeline Adjustments Page 1 of 7
Enerfin Field Service
—81—
6. Enerfin shall relocate its pipeline within 60 days of approval of this agreement by CITY
Council.
7. CITY shall have no liability for any damages incurred due to Enerfin's operation.
8. Enerfin agrees to indemnify, save harmless and defend the City, its agents,
servants, and employees, and each of them against and hold it and them
harmless from any and all lawsuits, claims, demands, liabilities, losses and
expenses, including court costs and attorneys' fees, for or on account of any
injury to any person, or any death at any time resulting from such injury, or
any damage to any property, which may arise or which may be alleged to have
arisen out of or in connection with the work covered by this Contract. The
foregoing indemnity shall apply except if such injury, death or damage is
caused directly by the negligence or other fault of the City, its agents, servants,
or employees or any person indemnified hereunder.
Executed in duplicate this day of , 2012.
CITY OF CORPUS CHRISTI, TX
ENERFIN FIELD SERVICES LLC
By By e,_ /i/
Ron Olson Date Davi . Cremer, anager Date
City Manager Contract Management & Administration
2500 City West Blvd., Suite 400
Houston, TX 77042
RECOMMENDED
By
Pete Anaya, P.E.
Director, Engineering Services
ATTEST
1//////.--
Date
By
Armando Chapa, Date
City Secretary
APPROVED AS TO FORM
Pipeline Adjustments
Enerfin Field Service
Page 2 of 7
_82_
Y
City Attorney llate
Pipeline Adjustments
Enenrn Field Service
Page 3 of 7
-83-
Exhibit B
to
REIMBURSEMENT AGREEMENT
INSURANCE REQUIREMENTS
. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required
herein has been obtained and such insurance has been approved by the City. The Contractor must
not allow any subcontractor to commence work until all similar insurance required of the
subcontractor has been so obtained.
B. Contractor must furnish to the City's Risk Manager, copies of Certificates of Insurance,
with applicable policy endorsements showing the following minimum coverage by insurance
company(s) acceptable to the City's Risk Manager. The City must be named as an additional
insured for the General liability policy. A blanket waiver of subrogation is required on all
applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day Notice of Cancellation required on
all certificates or by applicable policy
endorsements
Bodily Injury and Property Damage
Per occurrence - aggregate
Commercial General Liability including:
1. Commercial Broad Form
2. Premises – Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/ Completed Operations Hazard
6. Contractual Liability
7. Independent Contractors
$1,000,000 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY—
1. Owned
2. Hired & Non -owned
$1,000,000 COMBINED SINGLE LIMIT
WORKERS' COMPENSATION
WHICH COMPLIES WITH THE TEXAS
WORKERS' COMPENSATION ACT AND
PARAGRAPH II OF THIS EXHIBIT
EMPLOYERS' LIABILITY
$500,000/$500,0001$500,000
C. In the event of accidents of any kind, the Contractor must furnish the Risk Manager with
copies of all reports of any accidents related to this agreement within ten (10) days of any
accident.
Pipeline Adjustments
Enertrn Field Service
Page 5 of 7
–84–
II. ADDITIONAL REQUIREMENTS
A. Contractor must obtain workers' compensation coverage through a licensed insurance
company in accordance with Texas law. The contract for coverage must be written on a policy
with endorsements approved by the Texas Department of Insurance. The coverage provided must
be in amounts sufficient to assure that all workers' compensation obligations incurred will be
promptly met.
B. Contractor's financial integrity is of interest to the City; therefore, subject to Contractor's
right to maintain reasonable deductibles in such amounts as are approved by the City, Contractor
shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis,
by companies authorized and admitted to do business in the State of Texas and with an A.M.
Best's rating of no less than A- VII.
C. The City shall be entitled, upon request and without expense, to receive copies of the
policies, declarations page and all endorsements thereto as they apply to the limits required by the
City, and may require the deletion, revision, or modification of particular policy terms,
conditions, limitations or exclusions (except where policy provisions are established by law or
regulation binding upon either of the parties hereto or the underwriter of any such policies).
Contractor shall be required to comply with any such requests and shall submit a copy of the
replacement certificate of insurance to City at the address provided below within 10 days of the
requested change. Contractor shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469 -9277
(361) 826 -4555- Fax #
D. Contractor agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
1. Name the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations and activities
of, or on behalf of, the named insured performed under contract with the City, with the
exception of the workers' compensation policy;
2. Provide for an endorsement that the 'other insurance" clause shall not apply to
the City of Corpus Christi where the City is an additional insured shown on the policy;
3. Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
4. Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non - renewal or material change in coverage, and not less than
ten (10) calendar days advance written notice for nonpayment of premium.
Pipeline Adjustments
Enenrn Field Service
Page 6 of 7
_85_
E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage,
Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to
City. City shall have the option to suspend Contractor's performance should there be a lapse in
coverage at any time during this contract. Failure to provide and to maintain the required
insurance shall constitute a material breach of this agreement.
F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time herein
required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold
any payment(s) which become due to Contractor hereunder until Contractor demonstrates
compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property resulting
from Contractor's or its subcontractor's performance of the work covered under this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non - contributory
with respect to any insurance or self - insurance carried by the City of Corpus Christi for liability
arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this agreement.
Pipeline Adjustments
Enerfin Field Service
Page 7 of 7
-86--
State, of Texas
County of Nueces
§
REIMBURSEMENT AGREEMENT
This agreement is entered into this 1 t day of , 2011 by and between the
City of Corpus Christi, Texas, a municipal corporation, hereinafter called CITY and Equistar
Chemicals, LP, a Delaware Limited Partnership hereinafter called Equistar; both acting through
their duly authorized representatives.
WHEREAS, CITY desires to dedicate the McKenzie Road right -of -way to the Texas Department
of Transportation (TxDOT) as shown on Exhibit A; and
WHEREAS, Equistar is the owner of three petroleum products pipelines that are in conflict with
the Texas Administrative Code requirements for utilities in state right -of -way; and
WHEREAS, the easement encompassing Equistar's pipelines predates the dedication of the City
of Corpus Christi McKenzie Road Right of Way; the City will pay an amount not to exceed
$ 29,873 for Equistar to relocate the required (as per TxDOT) pipeline amenities.
NOW THEREFORE; CITY and Equistar agree as follows:
1. Equistar shall, at its own cost, adjust or relocate its three pipeline amenities to clear
CITY' s right -of -way. The relocated pipeline amenities shall be near or outside the right-
of-way line as shown in Exhibit A. Equistar will:
a. Install a concrete cap on two pipelines
b. Relocate test lead, pipeline markers, and any other pipeline amenities to the right -
of -way line on all three pipelines
2. Equistar shall be responsible for surface restoration to its original condition all areas
disturbed by their operations (i.e, lawns, trees, driveways, tree removal and replacement,
other utility relocations and adjustment etc.)..
3. Equistar shall submit to the CITY, for review, plans for the pipeline relocation and a
schedule for completion.
4. CITY shall reimburse Equistar for the costs of relocating the pipeline an amount not to
exceed $ 29,873. Reimbursement shall be made upon submission of invoices detailing
the costs incurred in the relocation.
5. Equistar shall obtain the insurance requirements as described in Exhibit B, which is
attached hereto and made a part of this Agreement.
6. Equistar shall relocate its pipeline within 60 days of approval of this agreement by CITY
Council.
Pipeline Adjustments Page 1 of 2
Equistar
-87-
7. CITY shall have no liability for any damages incurred due to Equistar's operation.
8. Contractor agrees to indemnify, save harmless and defend the City, its agents,
servants, and employees, and each of them against and hold it and them
harmless from any and all lawsuits, claims, demands, liabilities, losses and
expenses, including court costs and attorneys' fees, for or on account of any
injury to any person, or any death at any time resulting from such injury, or
any damage to any property, which may arise or which may be alleged to have
arisen out of or in connection with the work covered by this Contract. The
foregoing indemnity shall apply except if such injury, death or damage is
caused directly by the negligence or other fault of the City, its agents, servants,
or employees or any person indemnified hereunder.
Executed in duplicate this 1 Ve day of bCCei niter , 2011.
CITY OF CORPUS CHRISTI,TX EQUISTAR
By B.�+�c�
y Y
Ron Olson
City Manager
Date
Print Cou r"
Title �{' i no.- CIr
RECOMMENDED Date ttfil,vtr\jo e.r ice 201
By -j
P ete -Anaya,`P.E. Date
Director, Engineering Services
ATTEST
By
Armando Chapa,
City Secretary
APPROVED TO FORM
By
City Attorney
Pipeline Adjustments
Equistar
Date
r 4 t'
Date
Page 2 of 2
—88—
\Mproject\ councilexhibits \exhE 11101. dwg
HAVEN RD
PROJECT LOCATION
FM 3386 (McKINZIE ROAD)
HWY 44
LOCATION MAP
NOT TO SCALE
PROJECT # E11101
EXHIBIT
LOCATION MAP
FOR
REIMBURSEMENT AGREEMENT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 9/21/2011
_89-
EXHIBIT B
INSURANCE REQUIREMENTS
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required herein has
been obtained and such insurance has been approved by the City. The Contractor must not allow
any subcontractor to commence work until all similar insurance required of the subcontractor has
been so obtained.
B. Contractor must furnish to the City's Risk Manager, copies of Certificates of Insurance, with applicable
policy endorsements showing the following minimum coverage by insurance company(s) acceptable
to the City's Risk Manager. The City must be named as an additional insured for the General liability
policy. A blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day Notice of Cancellation required on all
certificates or by applicable policy endorsements
Bodily Injury and Property Damage
Per occurrence - aggregate
Commercial General Liability including:
1. Commercial Broad Form
2. Premises – Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/ Completed Operations Hazard
6. Contractual Liability
7. Independent Contractors
$1,000,000 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY—
1. Owned
2. Hired & Non -owned
$1,000,000 COMBINED SINGLE LIMIT
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
WHICH COMPLIES WITH THE TEXAS
WORKERS' COMPENSATION ACT AND
PARAGRAPH II OF THIS EXHIBIT
$500,000/ $500,00015000,000
PROFESSIONAL POLLUTION LIABILITY/
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental discharge; to include
Tong -term environmental impact for the disposal of
contaminants
$1,000,000 COMBINED SINGLE LIMIT
C. In the event of accidents of any kind, the Contractor must furnish the Risk Manager with copies of all
reports of any accidents within ten (10) days of any accident.
II. ADDITIONAL REQUIREMENTS
A. Contractor must obtain workers' compensation coverage through a licensed insurance
company in accordance with Texas law. The contract for coverage must be written on a
policy with endorsements approved by the Texas Department of Insurance. The coverage
provided must be in amounts sufficient to assure that all workers' compensation obligations
incurred will be promptly met.
B. Contractor's financial integrity is of interest to the City; therefore, subject to Contractors right
to maintain reasonable deductibles in such amounts as are approved by the City, Contractor
shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written on an
occurrence basis, by companies authorized and admitted to do business in the State of
Texas and with an A.M. Best's rating of no less than A- VII.
C. The City shall be entitled, upon request and without expense, to receive copies of the
policies, declarations page and all endorsements thereto as they apply to the limits required
by the City, and may require the deletion, revision, or modification of particular policy terms,
conditions, limitations or exclusions (except where policy provisions are established by law
or regulation binding upon either of the parties hereto or the underwriter of any such
policies). Contractor shall be required to comply with any such requests and shall submit a
copy of the replacement certificate of insurance to City at the address provided below within
10 days of the requested change. Contractor shall pay any costs incurred resulting from said
changes. All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469 -9277
(361) 826 -4555- Fax #
D. Contractor agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• Name the City and its officers, officials, employees, volunteers, and elected representatives
as additional insured by endorsement, as respects operations and activities of, or on behalf
of, the named insured performed under contract with the City, with the exception of the
workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of
Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation
in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any suspension,
cancellation, non - renewal or material change in coverage, and not less than ten (10)
calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage,
—91 —
G.
H.
Contractor shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Contractor's performance
should there be a lapse in coverage at any time during this contract. Failure to provide and
to maintain the required insurance shall constitute a material breach of this agreement.
In addition to any other remedies the City may have upon Contractor's failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein
required, the City shall have the right to order Contractor to stop work hereunder, and/or
withhold any payment(s) which become due to Contractor hereunder until Contractor
demonstrates compliance with the requirements hereof.
Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor's performance of the work covered under this
agreement.
It is agreed that Contractor's insurance shall be deemed primary and non - contributory with
respect to any insurance or self insurance carried by the City of Corpus Christi for liability
arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this agreement.
AGENDA MEMORANDUM
for the City Council Meeting of January 24, 2012
DATE: 1/11/2012
TO: Ronald L. Olson, City Manager
FROM: Dan Biles, P.E., Interim Director of Engineering Services
DanB @cctexas.com, (361) 826 -3729
Valerie Gray, Director of Storm Water and Street Operations
ValerieG @cctexas.com (361) 826 -1875
Approval of Change Order No. 4 with Texas Sterling Construction Co. for the
Kostoryz Road Improvements, Phase 1 from Horne to Sunnybrook Road for
the installation of Brawner Ditch Irrigation System and Landscaping
CAPTION:
Motion to execute Change Order No. 4 with Texas Sterling Construction Co. in the amount of $72,407.21 for
the Kostoryz Road Improvements, Phase 1 from Horne to Sunnybrook for the installation of Brawner Ditch
Irrigation System and Landscaping.
BACKGROUND AND FINDINGS:
The project is located on Kostoryz Road and includes 2 phases as follows: Phase 1 is located on Kostoryz
Road between the south right -of -way limit of Horne Road intersection to the south right -of -way limit of
Sunnybrook Road intersection and consists of a four lane arterial roadway, containing two travel lanes in
each direction with a middle left turn lane at the Kostoryz and Gollihar intersection. The length of the project is
approximately 2,500 linear feet, with an off -site storm water element of approximately 3,500 linear feet that
extends from Kostoryz Road (just South of Horne Road) to Center of Brawner Parkway and down Brawner
Parkway Ditch to Carroll Lane.
'Phase 2 is located on Kostoryz Road between the north right -of -way limit of S.P.I.D. (S.H. 358) intersection to
the south right -of -way limit of Sunnybrook Road intersection and consists of a four lane arterial roadway,
containing two travel lanes in each direction with a middle left turn lane at the Kostoryz and McArdle
intersection. The length of the project is approximately 2,300 linear feet.
The total project includes the following:
• Complete reconstruction of the existing roadway between the existing curb and gutter
• Removal and replacement of curb and gutter
• Removal and replacement of sidewalk and new construction in locations where there is no existing
sidewalk
• ADA curb ramps
• Lane striping and pavement markings
• Rehabilitation of existing sanitary sewers
• Replace and/or adjust curb inlets to improve drainage
K:'E.ngineering CataExehange \Clarissa]1Streets56469 & 6490 - Kostoryz Road Improvements, Phase 1 from HrriaSunnybraok\Agende IteadCITY COUNCIL ACTION ITEM Max
• Supplemental underground storm drainage
• Adjust affected valves and manholes to grade
• Off -Site Drainage
Change Order No. 4 includes the Installation of the Brawner Ditch Landscaping and Irrigation System.
ALTERNATIVES:
1. Do not approve this change order.
OTHER CONSIDERATIONS:
This project was approved by voters November 4, 2008 in the Bond Issue 2008 Package under Proposition
No. 1- Street Improvements. It was -not anticipated during the project design phase that the citizens that live
near the area of Brawner Parkway (between Kostoryz Road and Carroll Lane) would object to the removal of
existing mesquite trees and shrubbery in the Parkway median. The design of the retention /detention facility in
the above mentioned median required an average of Oft to 5ft of the existing soils to be excavated and
removed from approximately 90% of the overall length of the median. The trees and shrubbery that were
removed would not have survived the excavation process due to the root systems being undermined. After
public complaints about the trees and shrubbery removal were made to city officials, a public meeting was
scheduled to discuss the option of installing new landscaping, with irrigation to ensure survival. The proposed
landscaping includes trees and shrubbery such as Mexican Fan Palms, Esperanza, Crepe Myrtle, Live Oak
and Mesquite.
CONFORMITY TO CITY POLICY:
Conforms to statutes regarding bid process; FY 2011 -12 Capital Budget.
EMERGENCY / NON - EMERGENCY:
N/A
DEPARTMENTAL CLEARANCES:
Streets
FINANCIAL IMPACT: CIP
Fiscal Year: 2011 -2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
$1,705,000.00
$1,236,400.00
$2,941,400.00
Encumbered /
Expended Amount
$12,759,400.00'
.
$12,759,400.00
This item
$72,407.21
$72,407.21
BALANCE
_
Fund(s): Streets Bond 2008
Comments: This project will replace trees and shrubbery removed during the excavation process and provide
for irrigation to ensure survival.
K:IEngineering barat xehangelClerissaRStreets56469 & 6490 - Kostoryz Road Improvements, Phase 1 from Ho— e2 6 nnybrooklAgenda Item\CITY COUNCIL ACTION I'3EM.docz
RECOMMENDATION:
City Staff recommend the approval of Change Order No. 4 with Texas Sterling Construction Co. for the
Installation of the Brawner Ditch .Landscaping and Irrigation System.
LIST OF SUPPORTING DOCUMENTS:
Project Budget
Location Map
Approvals: Veronica Ocanas, Assistant City Attorney
Constance P. Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Oscar R. Martinez, Assistant City Manager
K:\Engineering DateExchange \Clarissal■Streets16489 & 6490 - Kostarys,Road Improvements, Phase 1 from H3i190 yhreok\Agenda IsernSCITY COUNCIL ACTION ITEM.docx
PROJECT BUDGET
KOSTORYZ PHASE 1 AND KOSTORYZ PHASE 2
(CIP 2011 -2012)
Project No. 6489 & 6490
January 17, 2011
FUNDS AVAILABLE:
Street CIP Fund (Bond 2008) $6,775,000.00
Combined Utilities (2012 -2014) $7,302,600.00
Prior Year CIP (2011) $1,623,200.00
Total Funds Available $15,700,800.00
FUNDS REQUIRED:
Construction Contract (Texas Sterling Construction Co.) * $10,244,299.50
Total Change Orders Including Current $269,809.86
Contingency (5 %) 512,214.98
Consultant Fees:
Consultant (Goldstan Engineering - a CH2M Hill Company) Basic Svcs $944,0559,2 % ** 1,534,900.00
Geotechnical Services (Rock Engineering) 21,000.00
Materials inspection & Testing (Rock Engineering)* 149,379.00
Other Outside Consultants...... 23,250.00
Reimbursements:
Contract Administration (Contract PreparationfAwardfAdmin) 281,718.24
Construction Inspection 358,550.48
Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) 358,550.48
Finance Issuance 51,221.50
Misc. (Printing, Advertising, etc.) 25,610.75
TOTAL $13,830,504.78
ESTIMATED PROJECT BUDGET BALANCE $1,870,295.22
*Original Construction Contract & Testing Agreement Awarded by City Council on January 25, 2011.
* *Original Contract for Professional Services Awarded by City Council on April 21, 2009.
File : \ Mproject\ cauncilexhibits \exh6489 &6490b.dwg
,WUTt S ?my
CORPUS
G7eRIS17
21,9ay
PROJECT LOCATION
Phase 1 — Hama to Sunnybrook
PROJECT LOCATION
Phase 2 — Sunnybrook to SPID
LOCATION MAP
NOT TO SCALE
PROJECT SITE
Phase 1— Kostorys Rd Nome to Sunnybrook
with Browner Ditch Off—Site Drainage
PROJECT SITE
Phase 2— Kostorys Rd Sunnybrook to SPID
SITE PLAN
NOr TO SCALE
PROJECT # 6489 & 6490
KOSTORYZ ROAD, PHASE 1 HORNE TO SUNNYBROOK
WITH BRAWNER DITCH OFF -SITE DRAINAGE
& PHASE 2 SUNNYBROOK TO SPID
(BOND ISSUE 2008)
SITE PLAN
NOT TO SCALE
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTAdEN OF ENGINEERING SERVICES
PAGE: 1of1
—99—
10
AGENDA MEMORANDUM
for the City Council Meeting of January 24, 2012
DATE: 01/24/2012
TO:
FROM:
Ronald L. Olson, City Manager
Dan Biles, P. E., Interim Director of Engineering Service
danb @cctexas.com
(361) 826 -3729
RESOLUTION AUTHORIZING ADVANCE FUNDING AGREEMENT WITH TXDOT
FOR A METROPOLITAN MOBILITY /REHABILITATION PROJECT
Williams Drive Improvements, Phase 3, from Staples Street to Airline Road
AGENDA ITEM:
Resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with the
Texas Department of Transportation (TXDOT) for an Advance Funding Agreement for a Metropolitan
Mobility /Rehabilitation Project Off- System for the Williams Drive Improvements, Phase 3, from Staples Street
to Airline Road.
BACKGROUND AND FINDINGS:
The proposed project is a City of Corpus Christi project which will include design and construction of
additional travel lanes and access improvements, sidewalks, curb ramps, storm water and other utility
improvements on Williams Drive from Staples Street to Airline Road.
The City is responsible for 100% of the design 'costs with anticipation of 80% Metropolitan Planning
Organization participation funds in the future for street and storm water improvements during the construction
phase. This MPO participation triggers design review and construction oversite by TXDOT.
The City of Corpus Christi will contribute an initial payment of $37,110 for direct state costs for
preliminary engineering and $27,189 before construction to cover Direct and Indirect State Costs. Initial
payment of $37,110 is due upon City execution of the Advance Funding Agreement.
ALTERNATIVES:
The City could surrender the opportunity for 80% participation in construction funding from the MPO
which would negate the need for TXDOT review of preliminary engineering and the advanced funding
agreement with TXDOT.
OTHER CONSIDERATIONS:
Due to Federal Funding opportunities, this project will require an environmental Categorical Exclusion
Document. If the MPO participation funds are surrendered the environmental document will not be required.
-1 0 3 --
K1ENGINEERING DATAEXCHANGEIVELMAP ITXDOIIWILLIAMS DRIVE PHASE 3 FROM STAPLES TO AIRLINE1AGENDA ITEM 1.DOC
CONFORMITY TO CITY POLICY:
Conforms to statutes regarding FY 2011 -12 Capital Budget.
EMERGENCY! NON-EMERGENCY:
Not applicable.
DEPARTMENTAL CLEARANCES:
Not applicable.
FINANCIAL IMPACT: CIP
Fiscal Year: 2011 -2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
$3,387,800.00
$3,387,800.00
Encumbered /
Expended Amount
•
This item
$37,110.00
$27,189.00
$64,299.00
BALANCE
$3,350,690.00
$27,189.00
$3,323,501.00
Fund(s): Street
Comments: TXDOT will refund any direct state costs not accrued during the preliminary engineering review
and construction oversite once construction is. complete. This project is part of Bond Issue 2008 Future TXDOT
Participation.
RECOMMENDATION:
It is recommended to execute an Advance Funding Agreement with TXDOT for a Metropolitan
Mobility /Rehabilitation Project Off - System for the Williams Drive Improvements, Phase 3, from Staples Street
to Airline Road.
LIST OF SUPPORTING DOCUMENTS:
Project Budget
Location Map
Approvals: Veronica Ocanes, Assistant City Attorney
Constance P. Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Oscar R. Martinez, Assistant City Manager
—104 -
K\ENGINEERING DATAEXCI fANGE4VELMAPITXDDTIWILLiAMS DRIVE PHASE 3 FROM STAPLES TO AIRL1NEIAGENDA ITEM 1.DOG
File : \ Mprojert \councrlexh \exhC11116.dwg
CO ``US
CIMUS x
BAY
PROJECT # Ell 6
LOCATION MAP
NOT TO SCALE
FLOUR BLUFF
WILLIAMS DRIVE IMPROVEMENTS, PHASE 3
FROM STAPLES STREET
TO AIRLINE ROAD
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT 0F ENGINEERING SERVICES
PAGE: 1of1
OW GEO
-105-
PRELIMINARY PROJECT BUDGET
WILLIAM DRIVE PHASE 3
FROM STAPLES STREET TO AIRLINE ROAD
Project No. E11116
January 24, 2012
Street Bond 04 $ 1,007,994.00
Texas Department of Transportation (80% of Street and Storm Water Construction)3,923,892.00
Future Storm Water CIP 755,794.00
Future Water CIP 537,754.00
Future Wastewater CIP 349,132.00
Future Street Bond Election /Bond 2008 Reserves 1,128,723.00
7,703,289.00
FUNDS REQUIRED:
Construction (Estimate) $5,614,375.00
Contingencies 561,437.00
Construction Materials Testing 112,287.50
Consultant Fees:
Consultant (RVE) *959,995,00
Geotechnical Services 154,065.78
Reimbursements:
Contract Administration (Contract Preparation /Award /Admin) 231,098.67
Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) 269,615.12
Finance Administration 115,549.34
Misc. (Printing, Advertising, etc.) 20,000.00
TOTAL $7,212,030.40
ESTIMATED PROJECT BUDGET BALANCE $491,258.60
*Will be presented to City Council for approval on January 31, 2012
-106-
Resolution authorizing the City Manager, or designee, to execute an
Interlocal Agreement with the Texas Department of Transportation
(TXDOT) for an Advance Funding Agreement for a Metropolitan
Mobility /Rehabilitation Project Off - System for the Williams Drive
Improvements, Phase 3, from Staples to Airline Road.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. The City Manager or designee is authorized to execute an Advance
Funding Agreement with the Texas Department of Transportation for a Metropolitan
Mobility /Rehabilitation Project (Off- System) for the Williams Drive Improvements, Phase
3, from Staples to Airline.
Section 2. The City Manager or designee is authorized to execute all related
documents necessary to administer said Agreement, including non substantial
amendments thereto.
ATTEST:
Armando Chapa
City Secretary
AS TO FORM: 08 -Dec -11
Veronica Ocanas
Assistant City Attorney
for City Attorney
THE CITY OF CORPUS CHRISTI
Joe Adame
Mayor
J:11.ENG11 AGENDA ITEM 511210117121011712 RESO AFA Metropolitan Mobility Rehab Project (Off -
System) - Williams Dr Phase 3.docx
-107-
Corpus Christi, Texas
of , 2011
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
J:11.ENG11 AGENDA ITEMS \1210117121011712 RESO AFA Metropolitan Mobility Rehab Project (Off -
System) - Williams Dr Phase 3.docx
—108—
CSJ # 0916 -35 -168
District # 16 — Corpus Christi
Code Chart 64 # 09800
Project: Construct Additional Lanes
(Williams Rd.)
Federal Highway Administration
CFDA # 20.205
Not Research and Development
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
For A
Metropolitan MobilitylRehabilitation Project
Off- System
THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas
Department of Transportation called the "State ", and the City of Corpus Christi, acting by and
through its duly authorized officials, called the "Local Government."
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 Number 112696,
authorizing the State to undertake and complete a highway improvement generally described as
construct additional travel lanes and access improvements on Williams Drive from Airline Road to
Staples Street called the "Project "; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this
agreement by resolution or ordinance dated , 20_, which is attached to and
made a part of this agreement as Attachment "A" for the improvement covered by this agreement.
A map showing the Project location appears in Attachment "B," which is attached to and made a
part of this agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties, to be by them respectively kept and performed as set forth in this
agreement, it is agreed as follows:
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•
CSJ # 0916 -35 -168
District # 16 — Corpus Christi
Code Chart 64 # 09800
Project: Construct Additional Lanes
(Williams Rd.)
Federal Highway Administration
CFDA # 20.205
Not Research and Development
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
Construct additional travel lanes and access improvements on Williams Drive from Airline
Road to Staples Street as shown on Attachment "B ".]
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 to and made a part of this agreement. 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 Government for any work performed before the federal spending
authority is formally obligated to the Project by the Federal Highway Administration. After
federal funds have been obligated, the State will send to the Local Government a copy of
the formal documentation showing the obligation of funds including federal award
information. The Local Government is responsible for 100% of the cost of any work
performed under its direction or control before the federal spending authority is formally
obligated.
B. If the Local Government will perform any work under this contract for which reimbursement
will be provided by or through the State, the Local Government must complete training
before federal spending authority is obligated. 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 Government Project Procedures
Qualification for the Texas Department of Transportation. The Local Government shall
provide the certificate of qualification to the State. The individual who receives the training
certificate may be an employee of the Local Government or an employee of a firm that has
been contracted by the Local Government to perform oversight of the Project. The State in
its discretion may deny reimbursement if the Local Government has not designated a
qualified individual to oversee the Project.
C. 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.
D. 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 Government
is due funds for expenses incurred, these funds will be reimbursed to the Local
Government on a cost basis.
E. The Local Government will be responsible for all non - federal or non -state participation
costs associated with the Project, including any overruns in excess of the approved local
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District # 16 — Corpus Christi
Code Chart 64 # 09800
Project: Construct Additional Lanes
(Williams Rd.)
Federal Highway Administration
CFDA # 20.205
Not Research and Development
project budget unless otherwise provided for in this agreement or approved otherwise in an
amendment to this agreement.
F. Prior to the performance of any engineering review work by the State, the Local
Government will pay to the State the amount specified in Attachment C. At a minimum, this
amount shall equal the Local 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, the Local Government shall remit its remaining financial
share for the State's estimated construction oversight and construction cost.
G. In the event that the State determines that additional funding by the Local Government is
required at any time during the Project, the State will notify the Local Government in writing.
The Local Government shall make payment to the State within thirty (30) days from receipt
of the State's written notification.
H. Whenever funds are paid by the Local Government to the State under this agreement, the
Local Government shall remit a check or warrant made payable to the "Texas Department
of Transportation Trust Fund_" The check or warrant shall be deposited by the State in an
escrow account to be managed by the State. Funds in the escrow account may only be
applied to the State Project.
1. Upon completion of the Project, the State will perform an audit of the Project costs. Any
funds due by the Local Government, 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 with approval by
appropriate personnel of the Local Government.
J. The State will not pay interest on any funds provided by the Local Government.
K. If a waiver has been granted, the State will not charge the Local Government for the
indirect costs the State incurs on the local Project, unless this agreement is terminated at
the request of the Local Government prior to completion of the Project.
L. If the Project has been approved for a "fixed price" or an "incremental payment" non-
standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment
C will clearly state the amount of the fixed price or the incremental payment schedule.
M. If the Local government is an Economically Disadvantaged County and if the State has
approved adjustments to the standard financing arrangement, this agreement reflects those
adjustments.
N. The state auditor may conduct an audit or investigation of any entity receiving funds from
the State directly under this contract or indirectly through a subcontract under this contract.
Acceptance of funds directly under this contract or indirectly through a subcontract under
this contract acts as acceptance of the authority of the state auditor, under the direction of
the legislative audit committee, to conduct an audit or investigation in connection with those
funds. An entity that is the subject of an audit or investigation must provide the state
auditor with access to any information the state auditor considers relevant to the
investigation or audit.
0. Payment under this contract . beyond the end of the current fiscal biennium is subject to
availability of appropriated funds. If funds are not appropriated, this contract shall be
terminated immediately with no liability to either party.
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District # 16 -- Corpus Christi
Code Chart 64 # 09800
Project: Construct Additional Lanes
(Williams Rd.)
Federal Highway Administration
CFDA # 20.205
Not Research and Development
P. The Local Government is authorized to submit requests for reimbursement by submitting
the original of an itemized invoice in a form and containing all items required by the State
no more frequently than monthly, and no later than ninety (90) days after costs are
incurred. If the Local Government submits invoices more than ninety (90) days after the
costs are incurred, and if federal funding is reduced as a result, the State shall have no
responsibility to reimburse the Local Government for those costs.
Q. The State will not execute the contract for the construction of the Project until the required
funding has been made available by the Local Government 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;
C. The Local Government elects 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 Government agrees to reimburse the
State for its reasonable actual costs incurred during the Project; or
D. The Project is inactive for thirty -six (36) months or longer and no expenditures have been
charged against federal funds, in which case the State may in its discretion terminate this
agreement.
5. Amendments
Amendments to this agreement due to changes in the character of the work, 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
The Local Government shall be responsible 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 Government's failure to
ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning
of construction. The Local Government will not be reimbursed With federal or state funds for
the cost of required utility work. The Local Government must obtain advance approval for any
variance from established procedures. Before a construction contract is let, the Local
Government shall provide, at the State's request, a certification stating that the Local
Government has completed the adjustment of all utilities that must be adjusted before
construction is completed.
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District # 16 — .Corpus Christi
Code Chart 64 # 09800
Project: Construct Additional Lanes
(Williams Rd.)
Federal Highway Administration
CFDA # 20.205
Not Research and Development
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 Local Government 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 Local Government is responsible for the cost of any environmental problem's
mitigation and remediation.
C. The Local Government 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 Local Government is responsible for the preparation of the NEPA documents required
for the environmental clearance of this Project.
E. Before the advertisement for bids, the Local Government shall provide to the State written
documentation from the appropriate regulatory agency or agencies that all environmental
clearances have been obtained.
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 (Pl. 101 -336) (ADA).
10. Architectural and Engineering Services
The Local Government 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 specifications and special provisions related to it. 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 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.
11. Construction Responsibilities
A. The Local Government 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, supplemental agreements, amendments, or additional
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District # 16 — Corpus Christi
Code Chart 64 # 09800
Project: ConstructAdditionai Lanes
(Williams Rd.)
Federal Highway Administration
CFDA # 20.205
Not Research and Development
work orders that 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 Local Government will use its approved contract letting and award procedures to let
and award the construction contract.
C. Prior to their execution, the State will be given the opportunity to review and approve
contract change orders.
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 -1 273" 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 Government shall be responsible for maintenance of locally owned roads after
completion of the work and the State shall be responsible for maintenance of state highway
system after completion of the work if the work was on the state highway system, unless
otherwise provided for in existing maintenance agreements with the Local Government.
13. Right of Way and Real Property
A. Right of way and real property acquisition shall be the responsibility of the Local
Government. Title to right of way and other related real property must be acceptable to
TxDOT before funds may be expended for the improvement of the right of way or real
property.
B. If the Local Government is the owner of any part of the Project site under this agreement,
the Local Government shall permit TxDOT or its authorized representative access to
occupy the site to perform all activities required to execute the work.
C. All parties to this agreement will comply with and assume the costs for compliance with all
the requirements of Title II and Title III of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including
those provisions relating to incidental expenses incurred by the property owners in
conveying the real property to the Local Government, and benefits applicable to the
relocation of any displaced person as defined in 49 CFR Section 24.2(g). Documentation
to support such compliance must be maintained and made available to TxDOT and its
representatives for review and inspection.
D. The Local Government shall assume all costs and perform necessary requirements to
provide any necessary evidence of title or right of use in the name of the Local Government
to the real property required for development of the Project. The evidence of title or rights
shall be acceptable to TxDOT, and be free and clear of all encroachments. The Local
Government shall secure and provide easements and any needed rights of entry over any
other land needed to develop the Project according to the approved Project plans. The
Local Government shall be responsible for securing any additional real property required
for completion of the Project.
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District # 16 -- Corpus Christi
Code Chart 64 # 09800
Project: Construct Additional Lanes
(Williams Rd.)
Federal Highway Administration
CFDA # 20.205
Not Research and Development
E. In the event real property is donated to the Local Government after the date of TxDOT's
authorization, the Local Government will provide all documentation to TxDOT regarding fair
market value of the acquired property. TxDOT will review the Local Government's
appraisal, determine the fair market value and credit that amount towards the Local
Government's financial share. If donated property is to be used as a funding match, it may
not be provided by the Local Government. TxDOT will not reimburse the Local
Government for any real property acquired before execution of this agreement and the
obligation of federal spending authority.
F. The Local Government shall prepare real property maps, property descriptions, and other
data as needed to properly describe the real property and submit them to TxDOT for
approval prior to the Local Government acquiring the real property. Tracings of the maps
shall be retained by the Local Government for a permanent record.
G. The Local Government agrees to make a determination of property values for each real
property parcel by methods acceptable to TxDOT and to submit to TxDOT a tabulation of
the values so determined, signed by the appropriate Local Government representative.
The tabulations shall list the parcel numbers, ownership, acreage and recommended
compensation. Compensation shall be shown in the component parts of land acquired,
itemization of improvements acquired, damages (if any) and the amounts by which the total
compensation will be reduced if the owner retains improvements. This tabulation shall be
accompanied by an explanation to support the determined values, together with a copy of
information or reports used in calculating all determined values. Expenses incurred by the
Local Government in performing this work may be eligible for reimbursement after the Local
Government has received written authorization by TxDOT to proceed with determination of
real property values. TxDOT will review the data submitted and may base its
reimbursement for parcel acquisitions on these values. •
H. Condemnation shall not be used to acquire real property for this Project.
1. Reimbursement for real property costs will be made to the Local Government for real
property purchased in an amount not to exceed eighty percent (80 %) of the cost of the real
property purchased in accordance with the terms and provisions of this agreement.
Reimbursement will be in an amount not to exceed eighty percent (80 %) of TxDOT's
predetermined value of each parcel, or the net cost of the parcel, whichever is Tess. In
addition, reimbursement will be made to the Local Government for necessary payments to
appraisers, expenses incurred in order to assure good title, and costs associated with the
relocation of displaced persons and personal property as well as incidental expenses.
If the Project requires the use of real property to which the Local Government will not hold title,
a separate agreement between the owners of the real property and the Local Government
must be executed prior to execution of this agreement. The separate agreement must
establish that the Project will be dedicated for public use for a period of not less than 10 (ten)
years after completion. The separate agreement must define the responsibilities of the parties
as to the use of the real property and operation and maintenance of the Project after
completion. The separate agreement must be approved by TxDOT prior to its execution. A
copy of the executed agreement shall be provided to TxDOT.
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District # 16 — Corpus Christi
Code Chart 64 # 09800
Project: Construct Additional Lanes
(Williams Rd.)
Federal Highway Administration
CFDA # 20.205
Not Research and Development
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 Government:
City of Corpus Christi
Attn: City Manager
P.O. Box 9277
Corpus Christi, TX 78469 -9277
State:
Director of Contract Services
Texas Department of Transportation
125 E. 11 tr, Street
Austin, Texas 78701
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided by this agreement. Either party may change the above address by sending
written notice of the change to the other party. Either party 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 party.
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 Government agree that neither party is an agent, servant, or
employee of the other party 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 the Local Government 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 Government. At the request of the State,
the Local Government 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
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District # 16 — Corpus Christi
Code Chart 64 # 09800
Project: Construct Additional Lanes
(Williams Rd.)
Federal Highway Administration
CFDA # 20.205
Not Research and Development
any manner affecting the performance of this agreement. When required, the Local
Government shall furnish the State with satisfactory proof of this compliance.
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 Government, 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 Government,
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.
23. Civil Rights Compliance
The Local Government shall comply with the regulations of the United States Department of
Transportation as they relate to non - discrimination (49 CFR Part 21 and 23 CFR Part 200),
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).
24. Disadvantaged Business Enterprise (DBE) Program Requirements
A. The parties shall comply with the Disadvantaged Business Enterprise Program
requirements established in 49 CFR Part 26.
B. The Local Government shall adopt, in its totality, the State's federally approved DBE
program.
C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE
guidelines and in consideration of the local market, project size, and nature of the goods or
services to be acquired. The Local Government shall have final decision - making authority
regarding the DBE goal and shall be responsible for documenting its actions.
D. The Local Government shall follow all other parts of the State's DBE program referenced in
TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas
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District # 16 — Corpus Christi
Code Chart 64 # 09800
Project: Construct Additional Lanes
(Williams Rd.)
Federal Highway Administration
CFDA # 20.205
Not Research and Development
Department of Transportation's Federally- Approved Disadvantaged Business Enterprise by
Entity, and attachments found at web address
http: / /txdot.aov /business /business outreach /mou.htm.
E. The Local Government shall not discriminate on the basis of race, color, national origin, or
sex in the award and performance of any U.S. Department of Transportation (DOT)-
assisted contract or in the administration of its DBE program or the requirements of 49 CFR
Part 26. The Local Government shall take all necessary and reasonable steps under 49
CFR Part 26 to ensure non- discrimination in award and administration of DOT - assisted
contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by
DOT, is incorporated by reference in this LPAFA. Implementation of this program is a legal
obligation and failure to carry out its terms shall be treated as a violation of this LPAFA.
Upon notification to the Local Government of its failure to carry out its approved program,
the State may impose sanctions as provided for under 49 CFR Part 26 and may, in
appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program
Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
F. Each contract the Local Government signs with a contractor (and each subcontract the
prime contractor signs with a sub - contractor) must include the following assurance: The
contractor, sub - recipient, or sub - contractor shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of DOT-
assisted contracts. Failure by the contractor to carry out these requirements is a material
breach of this agreement, which may result in the termination of this agreement or such
other remedy as the recipient deems appropriate.
25. 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, the Local Government certifies that it is not currently debarred, suspended, or
otherwise excluded from or ineligible for participation in Federal Programs under Executive
Order 12549 and further certifies that it will not do business with any party that is 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.
26. Lobbying Certification
In executing this agreement, each signatory certifies to the best of that signatory's 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
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District # 16 -- Corpus Christi
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Protect: Construct Additional Lanes -
(Williams Rd.)
Federal Highway Administration
CFDA # 20.205
Not Research and Development
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 signatory for the Local Government 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 shall be included in the award
documents for all sub- awards at all tiers (including subcontracts, subgrants, and contracts .
under grants, loans, and cooperative agreements) and all sub- recipients shall certify and
disclose accordingly. 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.
27. Insurance
If this agreement authorizes the Local Government or its contractor to perform any work on
State right of way, before beginning work the entity performing the work shall provide the State
with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the
existence of coverage in the amounts and types specified on the Certificate of Insurance for all
persons and entities working on State right of way. This coverage shall be maintained until all
work on the State right of way is complete. If coverage is not maintained, all work on State
right of way shall cease immediately, and the State may recover damages and all costs of
completing the work.
28. Federal Funding Accountability and Transparency Act Requirements
A. Any recipient or sub - recipient of funds under this agreement agrees to comply with the
Federal Funding Accountability and Transparency Act (FFATA) and implementing
regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the
following award terms: http: / /edocket. access. gpo.gov /20101pdf/2010- 22705.pdf and
http: / /edocket. access. opo .gov /2010/pdf/2010- 22706.pdf.
B. For sub - awards greater than $25,000, the Local Government, as a recipient of federal
funding, shall:
1. Obtain and provide to the State and the Federal government, a Central Contracting
(CCR) number with the Federal government (Federal Acquisition Regulation, Part 4,
Sub -part 4.1100). The CCR number may be obtained by visiting the CCR website
whose address is: https: / /www.bpn.00v /ccr /default.aspx;
2. Obtain and provide to the State and the Federal government, a Data Universal
Numbering System (DUNS) number, a unique nine- character number that allows
Federal government to track the distribution of federal money. The DUNS may be
requested free of charge for all businesses and entities required to do so by visiting the
Dun & Bradstreet (D &B) on -line registration website http: / /fedgov.dnb.com /webform;
and
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District # 16 — Corpus Christi
Code Chart 64 # 09800
Project: Construct Additional Lanes
(Williams Rd.)
Federal Highway Administration
CFDA # 20.205
Not Research and Development
3. Report the total compensation and names of its top executives to the State and Federal
government if:
I. More than 80% of annual gross revenues are from the Federal government, and
those revenues are greater than $25,000,000 annually; and
ii. Compensation information is not already available through reporting to the U.S.
Securities and Exchange Commission (SEC).
29. Single Audit Report
A. 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.
B. If threshold expenditures of $500,000 or more are met during the Local Government's fiscal
year, the Local Government must submit a Single Audit Report and Management Letter (if
applicable) to TxDOT's Audit Office, 125 E. 11th Street, Austin, TX 78701 or contact
TxDOT's Audit Office at http: /lwww.txdot.gov /contact uslaudit.htm.
C. if expenditures are less than $500,000 during the Local Government's fiscal year, the Local
Government must submit a statement to TxDOT's Audit Office as follows: "We did not meet
the $500,000 expenditure threshold and therefore, are not required to have a single audit
performed for FY
D. For each year the project remains open for federal funding expenditures, the Local
Government will be responsible for filing a report or statement as described above. The
required annual filing shall extend throughout the life of the agreement, unless otherwise
amended or the project has been formally closed out and no charges have been incurred
within the current fiscal year.
30. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement .
on behalf of the entity represented.
AFA- AFA_LongGen
Page 12-e - Revised 05/06/2011
CSJ # 0916 -35 -168
District # 16 - Corpus Christi
Code Chart 64 # 09800
Project: •Construct Additional Lanes
(Williams Rd.)
Federal Highway Administration
CFDA # 20.205
Not Research and Development
THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate.
THE LOCAL GOVERNMENT
Signature
Typed or Printed Name
Title
Date
THE STATE OF TEXAS
Janice Mullenix
Director of Contract Services
Texas Department of Transportation
Date
AFA- AFA_LangGen
r
Approved as to Legal tom .[2- L2 -f l
Veronica Ocanas
Assistant City Attorney
For City Attorney
Page 134123— Revised 05/06/2011
AFA- AFA_LongGen
CSJ # 0916 -35 -168
District # 16 — Corpus Christi
Code Chart 64 # 09800
Project: Construct Additional Lanes
LWilliams Rd.)
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ATTACHMENTA
RESOLUTION OR ORDINANCE
Page 1 0f—Ii 2 2 - Attachment A
CSJ # 0916 -35 -168
District # 16 -- Corpus Christi
Code Chart 64 # 09800
Project: Construct Additional. Lanes
,Williams Rd.)
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ATTACHMENT B - LOCATION MAP SHOWING PROJECT
NUECES BAY
CORPUS CHRIST! BAY
PROJECT #TBD
LOCATION MAP
NOT TO SCALE
FLOUR BLUFF
WILLIAMS DRIVE IMPROVEMENTS, PHASE 3
FROM STAPLES STREET
TO AIRLINE ROAD
CITY COUNCIL EXHIBIT
CITY QF CORPUS CHRISTI, TEXAS
DEPARTMENT QF ENGINEERING SERVICES
PAGE. 1 of 1
DATE: 8/16/2011
AFA- AFA_LongGen
Page 1 of-11 23—
Attachment B
J 4 F 8
CSJ # 0916 -35 -168
District # 16 — Corpus Christi
Code Chart 64 # 09800
Project: Construct Additional Lanes
(Williams Rd.),
Federal Highway Administration
CFDA # 20.205
Not Research and Development
ATTACHMENT C - PROJECT BUDGET
Description
Total
Estimated :
i Federal
Participation
State Participation Local Parthoipatio:n_
Cost ,:
%
Cost :
I %
Cost : I°f�... `: 'COO,.
Engineering/
Environmental
(by Local Government)
$ 561,437.590%
$0
0%
$0
100%
$ 561,437.59
Utilities (by Local
Government)
$ 616,965.00
0%
$0
0%
$0
100%
$ 616,965.00
Construction Admin.
(by Local Government)
$ 610,258.25
0%
$0
0%
$0
100%
$ 610,258.25
Construction
I(by Local Government) 1
$4,700,000.00
80%
$3,760,000.00
!0%
j
$0
20Q/;$
940,000.06
Subtotal
$6,488,660.84
$ 3,760,000.00
$ 2,728,660:84
:,
Environ.
Direct State
Costs
(20 %)
$ 7,422.00
0%
$0
0%
$0
100%
$ 7,422.00
Direct State
Costs for
Preliminary
Right of
Way Direct
State Costs
(20 %)
$ 7,422.00
0%
$0
0%
�
j
$0
100%
$ 7,422.00
1 Engineering
$37,110.00
Engineering
Direct State
Costs
(40 %)
$ 14,844.00
0%
$0
0%
$0
100%
$ 14,844.00
Utility Direct
State Costs
(20 %)
$ 7,422.00
0%
$0
0%
$0100%
i
I
$ 7,422.00
Construction Direct State
Costs (0.56 %)
'$ 27,189.00
D%
$0
0%
$0 i'100%
II
$ 27,189.00
'Indirect State Costs
1(6.2 %)
$ 402,296.97
0%
$0
100%
$ 402,296.97!0%
$0
iSubtotal
$ 466,595.97
$0 1C$
402,296.97
64,299.00
OTAL
$6;955,256.81
$ 3,760,000.00
I$ 402,296.97 $ 2,792,959.84
Initial payment by the Local Government to the State: $37,110.00.
Payment by the Local Government to the State before construction: $27,189.00.
Estimated total payment by the Local Government to the State $64,299.00.
This is an estimate. The final amount of Local Government participation will be based on actual
costs.
AFA- AFA_LongGen
Page 1 of_11 24—
Attachment C
11
AGENDA MEMORANDUM
for the City Council Meeting of: Presentation January 24, 2012
Action January 31, 2012
DATE: January 31, 2012
TO: Ronald L. Olson, City Manager
FROM: Dan B. Biles, P.E., Interim Director of Engineering Service
DanS cctexas.com, (361) 826 -378
Fred Segundo, Aviation Director
FredS @octexas.com (361) 289 -0171 Ext. 1213
Approval of Professional Engineering Services Contract Amendment No. 5:
Infield Taxiway Connectors /Runway 17 -35 Project (Supplement to Task Order
No. 3)
PURPOSE:
Motion authorizing the City Manager or designee to execute Amendment No. 5 to the Professional
Services contract with KSA Engineers, Inc.. of Longview, Texas, in the amount of $100,000.00 for a
restated not to exceed contract fee of $2,145,416.95 for the Corpus Christi International Airport
infield Taxiway Connectors /Runway 17 -35 Project (Supplemental services for Task Order No. 3).
BACKGROUND AND FINDINGS:
The proposed amendment was requested by the FAA based on the Taxiway Utilization Study. The
amendment provides design services for the future construction of Infield Taxiway Connectors for
Runway 17 -35. The services will provide for:
• removal existing taxiway paving as identified in the Taxiway Utilization Study,
• grading and modify drainage facilitiesserving the infield area between TaxiwayA and Runway 17-
35 and the area affected by the construction of Taxiway A -3;
• installation of appropriate LED taxiway edge lighting and signage to support these taxiway paving
modifications;
• all work will be designed to be in full compliance with all FAA design and construction standards;
• plan drawings, specifications and bid items associated with this work to be integrated into the
Runway 17 -35 Extension /Shift Project (Task Order No. 3) contract documents as an add -
alternative to the base bid.
ALTERNATIVES:
The amendment is required to proceed with the previously approved extension of Runway 17-
35.
FINANCIAL IMPACT;
o Not Applicable o Operating Expense
Task Order 3 -- Runway 17 -35 Extension
Prior Year
1 FISCAL YEAR: 2011-2012 (CIP Only
Budget f $566,000.00
Encumbered /Expended Amt. $566,000.00
This item
BALANCE
FUNDS: Aviation CIP
o Revenue
X CIP
Current Year Future Years TOTALS _
$3,822,500.00 11,467,500.00 $15,856.000,00
$566,000.00
$1 00,000.00 • $100.000.001
Comments; This amendment is necessary to accommodate recommended Taxiway Utilization
Modifications to support the extension of Runway 17-35.
RECOMMENDATION: City staff recommends the motion be adopted as presented.
CONFORMITY TO CITY POLICY;
The recommended actions conform to statutes regarding Professional Service Procurement and
the FY2011 -2012 Capital Budget. The project is part of the adopted FY2011 -2012 Capital
Improvement Plan (AV. #2).
EMERGENCY JNON- EMERGENCY:
Not Applicable.
DEPARTMENTAL. CLEARANCES:
Aviation Department.
LIST OF SUPPORTING DOCUMENTS:
Exhibit A: Contract Summary
Exhibit B: Project Budget
Exhibit C. Location Map
Cc:
Veronica Ocarias, Assistant City. Attorney
Constance Sanchez, Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Oscar Martinez, Assistant City Manager
-128-
CONTRACT SUMMARY
Amendment No. 5
Supplement to Task Order No. 3
In accordance with this Contract for AIE Professional Services between_the City of Corpus Christi, Texas
(CITY) and KSA Engineers, Inc. (Engineer) for Professional Services, dated May 17, 2011 ( "Agreement "),
constituting authorization by the CITY for the Engineer to provide engineering services for the following
project at Corpus Christi International Airport:
1. Specific Project Data
A. Title: Infield Taxiway Connectors /Runway 17 -35 Proiect
B. Description: This project will consist of the following items:
1. Construct Taxiways A -2, A -3 and A -5 as identified in the Taxiway Utilization Study;
2. Remove existingtaxiway paving as identified in the Taxiway Utilization Study;
3. Grade and modify drainage facilities serving the infield area between Taxiway A and
Runway 17 -35 and the area affected by the construction of Taxiway A -3;
4. Install appropriate LED taxiway edge lighting and signage to support these taxiway paving
modifications;
5. All work to be designed to be in full compliance with all FAA design and construction
standards;
6. Plan drawings, specifications and bid items associated with this work to be integrated into
the Runway 17 -35 Extension /Shift Project (Task Order No. 3) contract documents as an
add - alternative to the base bid.
2. Services of Engineer
Services to be performed by the Engineer in this Task `Order are fisted • below and described in
Exhibit A of this Contract.
1. Preliminary Engineering Report Phase
2. Preliminary Design Phase
3. Final Design Phase
4, Additional Services
a. Topographic Surveying
Note: This Task Order does not include Construction Phase or Post- Construction Phase services
or fees. Fees associated with the Bidding Phase are included in Task Order No. 3.
3. CITY's Responsibilities
CITY shall have those responsibilities set forth in Exhibit A of this Contract.
4. Time for Rendering Services.
Service Completion Date
1. Preliminary Engineering Report Phase 1 April 2012, 12:00:00 pm CDT
2. Preliminary Design Phase 1 April 2012, 12:00:00 pm CDT
3. Final Design Phase 1 April 2012, 12:00:00 pm CDT
4. Additional Services As required
Note: This schedule assumes Notice to Proceed (NTP) to be issued by February 15, 2012.
5. Payments for the Engineer
In return for the services described above, the CITY shall pay the Engineer as described below.
The total cost of all services provided under this Task Order will not exceed $ 100,000.00 without
prior written approval by the CITY.
Service
1. Preliminary Engineering Report Phase:
2.. Preliminary Design Phase:. ,.. .
3. Final Design Phase:
TOTAL
—129—
Fees
$ 4,760.00
$ 20,170.00
$ 75 070.00
$100,000.00
Exhibit A
Page 1 of 1
PROJECT BUDGET
RUNWAY 17 -35 EXTENSION
Project No. E11046
January 31, 2011
FUNDS AVAILABLE:
Airport CIP Reserves
FAA CIP Grant
792, 900.00
15,063,100.00
15, 856, 000.00
FUNDS REQUIRED:
Construction (Est.) 14,000,000.00
Contingencies (2.02 %) ................... ............................... 320,000.00
Consultant Fees:
Consultant (KSA Engineers) 566,000.00
Consultant Amendment No. 1 (KSA Engineers) 100,000.00
Construction Managementllnspection /Materials Testing 760,000.00
Reimbursements:
Engineering, Traffic Engineering, Finance, etc. 110000.00
Total............ 15,856,000.00
Variance
-130-
Exhibit B
Page 1 of 1
File : \ Mproject \councilexhibits\exhE11046.dwg
F.�• 624
CORPUS
C LTJSii
Bey
LOCATION MAP
NOT TO SCALE
MCGLOIN ROAD
PROJECT # E11046
SITE PLAN
NOT TO SCALE
CONTRACT AMENDMENTS No 5
INFIELD TAXIWAY CONNECTORS /RUNWAY 17 -35
31
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
MI/ -
12
AGENDA MEMORANDUM
for the City Council Meeting of January 24, 2012
DATE: 1/5/2012
TO: Ronald L. Olson, City Manager
FROM: Dan Biles, P.E., Interim Director of Engineering Ser✓ices
danb@cctexas.com, (361) 826 -3729 - MX D0.
Michael Morris, Director of Parks and Recreation 1174
Michaelmocctexas.com, (361) 826 -3464
CAPTION:
Approval of Amendment No. 2:
for Oso CreeklOso Bay Area Park Master Plan
Motion authorizing the City Manager, or designee, to execute Amendment No. 2 to a Contract for
Professional Services with RVi of Austin, Texas for the Oso Creek/Oso Bay Area Park Master Plan in
the amount of $616,670 for a total restated fee of $903,650 for design of Phase 2 Improvements (Bond
Issue 2008)
BACKGROUND AND FINDINGS:
The Project consists of engineering services for the Oso Bay Park and Oso Parkway extension from the
Preliminary Design phase through the Bid /Award phase as well as the Construction Phase.
Design development will be for the following park components: an Exhibit Hall (approximately 2,800 square
feet) and Labs Building (approximately 2,500 square feet) connected by covered breezeways, entry plaza and
pond with covered boardwalk, well and windmill, amphitheatre, entry drive and drop off areas, biofiltration
pond, asphalt car parking lot, overflow parking area, photovoltaic cells, site utilities, prairie pond with well and
windmill, trails, boardwalks, entry signage, interpretive signage, nature- themed children's play area, site
furnishings, site lighting, camp sites, wildlife viewing areas, wetlands restoration, landscape and irrigation. The
Project will also include the extension of Oso Parkway and utilities to serve the Oso Bay Park.
The Project will be submitted to the US Green Building Council (USGBC) for Leadership in Energy and
Environmental Design (LEED) certification.
In addition to the preparation of construction cost estimates at different stages of design, the consultant will
also prepare and submit an estimate of Maintenance and Life Cycle Cost Analysis for Oso Bay Park at the
30 %, 60 %, and 90% design submittals for use by the City for long -term maintenance program preparation and
cost determination.
K:1Engineering DataExohange \ClarissaJ\Parks133 BC - Oso Bay Phase 25Agenda Item1C4TY COUNCIL ACTIQ1I'3454hex
ALTERNATIVES:
1. Do not proceed with the design phase of this project (Not recommended).
OTHER CONSIDERATIONS:
The Oso Bay Park will be built in several phases. Each phase will require an increase of operating funds in
order to maintain and provide programs at the park. The initial phase includes trails, an elevated walk,
observation tower and associated signage and amenities. Operating funds for this phase will be for general
trail maintenance and park management, estimates range from $70,000 to $86,000 annually including
personnel, services and supplies. One time capital purchases will be $36,500. As mentioned above, phase
two of the project will include the restoration of wetlands, construction of facilities, additional trails and
sustainability elements. Estimated operating costs include an additional $225,000 to $265,000 for a total of
$300,000 to $350,000 annually including personnel, services and supplies. Additional one time capital
purchases of $15,500 are estimated once the completion of phase two has occurred. These estimates are
based on conceptual drawings and plans, as construction documents are completed more refined operational
estimates will be available. While partnerships will be formed, endowment funds will be sought and the rental
of the facilities, program fees, and camping fees will generate some revenue to offset the cost of managing the
park, the general fund dollars will be necessary to maintain this unique and specialized park.
CONFORMITY TO CITY POLICY:
Conforms to statutes regarding Request for Qualifications process; Bond Issue 2008; FY 2011 -12 Capital
Budget.
EMERGENCY / NON-EMERGENCY:
N/A
DEPARTMENTAL CLEARANCES:
Parks and Recreation
FINANCIAL IMPACT: CIP
Fiscal Year: 2011 -2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
$638,100.00
$1,222,600
3,844,100.00
$5,704,800.00
Encumbered l
Expended Amount
$638,100.00
$638,100.00
This item
$616,670.00
$616,670.00
BALANCE
und(s): Park and Recreat on 2008 Bond
Comments: Construction is contingent upon receipt of adequate funding.
RECOMMENDATION:
City staff recommend approval of Amendment No. 2 to the Professional Services Contract with RVi of Austin,
Texas in the amount of $616,670.00 for Phase 2 of the Oso Creek/Oso Bay Area Park project.
LIST OF SUPPORTING DOCUMENTS:
Location Map
Project Budget
K:\Engineering DataExchange \Clarissa3\Parks13380 - On; Bay Phase 21Agenda Item1CITY COUNCIL ACTEETTeus
Approvals:
Veronica Ocanas, Assistant City Attorney
Constance P. Sanchez, Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Oscar R. Martinez, Assistant City Manager
K:\Engineering DataExchange \ClarissaJ\Park03130 - Dao Bay Phase 21Agenda Item \CITY COUNCIL AC'[{SI .docx
PROJECT BUDGET
Oso CreeklOso Bay Area Park Master Plan
Project No. 3380
FUNDS AVAILABLE:
Bond 2008 Park Funds $2,750,000.00
Coastal. Impact Assistance Program 2010............. ................... 1,500,000.00
Texas Parks & Wildlife Outdoor Grant 500,000.00
Texas Parks & Wildlife National Recreation Trails Grant.........., 200,000.00
Coastal Management Program Grant.... .......... ........ ....... . ....... . 100,000.00
Coastal Bend Bays & Estuaries Program ............... 20,000.00
Supplemental Environmental Program (SEP) Grant 41,496.00
Community Enrichment Fund (Land Purchase) 563,884.89
Street Capital Improvement Program... 114,500.00
Storm Water Capital Improvement Program 106,250.00
Water Capital Improvement Program 57,500.00
Wastewater Capital Improvement Program... 71,875.00
TOTAL $6,025,505.89
FUNDS REQUIRED:
Construction - Phase 1 (Updated Estimate) $564,000.00
Construction - Phase 2 (Estimated)* (without Wet Lab & Breezeway) 2,400,000.00
Construction - Extension of Oso Parkway 325,200.00
Total Construction (Estimated) $3,289,200,00
Contingencies...... 493,380.00
Land Purchase (to date) 563,884.89
Consultant Fees:
Design Consultant, Phase One (RVI)* *.. 286,980.00
Design Consultant, Phase Two (RVI) .................. 616,670.00
Other Consultants (Geotechnical, State Land Survey, etc.)........ 57,450.00
Reimbursements:
Contract Admin. (Contract Preparation /Award /Admin) (2.75 %).... 165,701.41
Engineering Services (Project MgtlConstr Mgt/Traffic Mgt (3.5 %).. 210,892.71
Construction Inspection Services (3.5 %).,.... 132,390.30
Finance Reimbursements (1.5 %) 90,382.59
Misc. (Printing, Advertising, etc.) 20,000.00
TOTAL $5,926,931.90
ESTIMATED PROJECT BUDGET BALANCE
* Construction is contingent upon receipt of funding from future grants and potential donors
** Original Contract Approved by Council on January 11, 2011
-138-
98,573.99
\Mproject\councllaxhlb1ts ` exh3380.dwg
OSO CREEK / OSO BAY AREA
PARK MASTER PLAN
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: T of 1
c NY
-139-
13
DATE:
TO:
AGENDA MEMORANDUM
for the City Council Meeting of January 31, 2012
1/17/2012
Ronald L. Olson, City Manager
FROM: Daniel Biles, P.E.
Interim Director of Engineering Services
Danb @cctexas.com (361) 826 -3729
Foster Crowell
Director of Wastewater Services
Fosterc @cctexas.com (361) 857 -1801
CAPTION:
Part A: Construction Award Oso WRP Belt Press Facility Project
Part B: Amendment No. 2 Construction Observation and Related Services
A. Motion authorizing the City Manager, or designee, to execute a construction contract with CSA
Construction, Inc. of Houston, Texas in the amount of $6,311,200 for the Oso Water Reclamation Plant
Belt Press Facility Project for Parts A, B, C, and D.
B. Motion authorizing the City Manager, or designee, to execute Amendment No. 2 to a Professional
Services Contract with LNV, Inc. in the amount of $247,395 for a restated fee of $847,054 for construction
observation and related services associated with the Oso Water Reclamation Plant Belt Press Facility
Project.
BACKGROUND AND FINDINGS (Part A):
The proposed project is part of the FY 2012 Capital Improvement program listed under Wastewater Sequence
#2. The construction contract has bid and City Council approval is required for construction to commence.
The project has been divided into four (4) separate parts (A, B, C, & D) in regards to scope of work and
project schedule.
Part A includes the construction of a new 5,600 square foot concrete structured sludge dewatering
building approximately 30 feet tall with steel roll up doors. The mechanical equipment consists of four (4) two
meter belt filter presses (3 belts each), sludge hoppers, a polymer feed system with pumping equipment and
accessories, four (4) double disc type sludge feed pumps and all associated chemical feed and sludge feed
piping. The electrical work includes the installation of a new 600 volt power supply feeder cable from Motor
Control Center #2 for the belt press building, distribution panels, electrical controls and lighting.
Part B includes the construction of a breakpoint chlorination pilot facility installed on the west train of
the plant. The pilot facility will consist of three (3) mixing tanks, a polyethylene chemical containment pad, a 50
gpm effluent pump, chemical feed pumps, miscellaneous piping, analyzers, monitoring equipment, and a PLC
controller. The contractor must also run power to the facility from Blower House #1, program the PLC as
described in the plans and specifications and supply the chemicals required during the pilot operation.
Part C includes modifications and upgrades to the existing odor control facility at Oso WRP Lift Station
2 including replacement of the existing odor control media, installing a new nutrient tank, modifications to the
existing piping system and installation of a higher capacity recycle pump.
Part D includes the demolition and proper disposal of the existing dewatering building including
removal of two (2) two meter belt presses, conveyor system, polymer feed system, and the associated pumps.
Other structures to be demolished include the corrugated sheet metal maintenance building, two (2) concrete
pre - thickener tanks with scraper mechanisms, and two (2) concrete post thickeners with mechanical
equipment.
On December 21, 2011, the City received proposals from five (5) bidders and the lowest three (3)
bidders and their respective bids are as follows:
Contractor
Base Bid
CSA Construction, Inc.
Houston, Texas
$6,311,200.00
Graham Construction Services
Eagan, Minnesota
$7,494,305.00
Holioman Corporation
Converse, Texas
$7,730,124.00
ALTERNATIVES:
1. Re -bid and be subject to not meeting permit requirements for ammonia removal as required by the
Texas Commission on Environmental Quality (TCEQ)
2. Not doing work puts the City at risk of permit violation and potentially subjects the city to TCEQ
administrative penalties and possible plant shutdown.
OTHER CONSIDERATIONS:
This project is part of a multi- phased program to reduce ammonia discharge at the Oso Water Reclamation
Plant (WRP). New and more stringent permit requirements will require the city to develop new processes for
both the short and long term to meet the anticipated future discharge requirements and additional capacity
needs within the Oso WRP service area.
BACKGROUND AND FINDINGS (Part B):
It is recommended that LNV Engineering Inc. is awarded an amendment to provide the construction
observation services for the Belt Press Facility project due to their work on the Oso Water Reclamation Plant
(WRP) Nutrient Removal Project. The Texas Commission on Environmental Quality (TCEQ) has notified the
City that the next discharge permit issued for the Oso WRP will contain a more restrictive ammonia limit which
the existing facility cannot meet without modifications. The anticipated ammonia reductions achieved by this
construction contract along with LNV`s work on a break point chlorination pilot study will enable LNV, Inc. to
fast track the final design package to meet the new permit criteria for the Oso WRP.
CONFORMITY TO CITY POLICY:
These contracts conform to City policies and statues on approved bid procedures and executing professional
service contracts.
EMERGENCY 1 NON - EMERGENCY:
Non - Emergency
DEPARTMENTAL CLEARANCES;
Wastewater Department
FINANCIAL IMPACT: CIP
CIP Wastewater Sequence #2
Fiscal Year: 2011 -2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
571,100
1,900,000
_ 9,545,000
12,016,100
Encumbered /
Expended Amount
571,100
This item
1)900,000_
4,658,595
6,558,595
BALANCE
Fund(s): Wastewater Capital Improvement Funds
Comments: The anticipated completion date for this project is September 2013 (520 calendar days). Thus,
funding for this contract runs over one fiscal year
RECOMMENDATION:
The City's consultant, B. Harman Engineering, LLC, conducted a bid analysis of the five (5) proposals
submitted to the City. The lowest bidder based on the Total Base Bid was CSA Construction, Inc. of Houston,
Texas. Based on the information submitted for Special Provisions A -28, A -29, and A -30, CSA Construction
has the experience and resources to complete the .project. Therefore, city staff recommends that the City
award the project in the amount of $6,311,200 to CSA Construction, Inc.
City staff also recommends that an amendment be awarded to LNV, Inc. in the amount of $247,395 for
construction observation and other required services associated with the Oso Water Reclamation Plant Belt
Press Facility Project.
LIST OF SUPPORTING DOCUMENTS:
Bid Tab
Contract Summary
Project Budget ;.
Location Map
Approvals: Veronica Ocanas, Assistant City Attorney
Constance P. Sanchez, Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Oscar R. Martinez, Assistant City Manager
—145-
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: Pete Anaya, P.E., Director of Engineering Services
BID DATE: Wednesday, December 21, 2011
ENGINEER'S ESTIMATE:
57,280,000.00
•.�•.••..• •,<..�..
a. .. A.xL'1t xnc,.,y ilv � Yl,A1V 1 .kiJG1.�'1 PRESS FA('1T.
PROJECT NO. 7423
-
CSA CONSTRUCTION, INC.
2314 MCALLISTER ROAD
HOUSTON, TEXAS 77092
.....
GRAHAM CONSTRUCTION SERVICES
2995 LONE OAK CIRCLE, SUITE 1
EAGAN, MN 55121
-• _..•••, `i„v,1.
HOLLOMAN
13730 111
CONVERSE,
ULU 4di. Lid (L$
CORP.
10 EAST
TX 78109
ITEM NO.
DESCRIPTION
UNIT
QTY
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
Al
BELT PRESS FACILITY IN ITS ENTIRITY
INC. MOB. DEMOB, MECH, ELEC.
L.S.
1
55,099.410.00
55,099,410.00
55.980,000.00
$5,980,000.00
56,014,400.00
56.014,400.00
A2
30” DIA. DRILLED PIERS
36" DIA. DRILLED PIERS
L.F.
L.F.
135
885
$90.00
3110.00
312,150.00
$97,350.00
3100.00
3130.00
513,500.00
3115,050.00
$57.00
; $67.00
$7,695.00
$59,295.00
A3
A4
8" THICK CONCRETE PAVEMENT WITH 6"
FLEX BASE
S.Y.
3752
376.00
5285,152.00
375.00
$281,400.00
3119.00
3446,488.00
A5
4' WIDE CONCRETE SIDEWALK
S.F.
853
55.00
, $4,265.00
55.00
$4,265.00
57.00
86,971.00
A6 ',
ASPHALT PAVEMENT REPAIR
S.Y.
212
370.00
314,840.00
$65.00
$13,780.00
$60.00
$12,720.00
A7
STORM WATER POLLUTION
PREVENTION PLAN
L.S.
1
$3,000.00
33,000.00
$5,000.00
$5,000.00
$4,700.00
$4,700.00
B8
PART B-OSO WRP BREAKPOINT
CHLORINATION PILOT
L.S.1
3256,000.00
3256,000.00
$400,000.00
3400,000.00
3361,200.00
$361,200.00
Cg
PART C- LIFT STATION # 2, ODOR
CONTROL SYSTEM IMP.
L.S.
1
370,000.00
570,000.00
5100,000.00
3100,000.00
3116,200.00
$116,200.00
D10
DEMO, REMOVAL AND DISPOSAL OF
CONCRETE STRUCTURES
L.S.
1
3160,000.00
$160,000.00
3250,000.00
3250,000.00
3264,500.00
3264,500.00
D11
BLOCK SODDING FOR EROSION
CONTROL
S.Y.
3400
$4.00
313,600.00
33.00
510,200.00
37.00
323,800.00
D12
SEEDING FOR EROSION CONTROL
S.Y. .
2055
30.60
$1,233.00
' $2.00
34,110.00
$1.00
$2,055.00
013
REMOVE, HAUL AND DISPOSE SLUDGE
C.Y.
1900
368.00
$129,200.00
380.00
3152,000.00
' 3119.00
$226,100.00
14
ALLOWANCE FOR EXPLORATORY
EXCAVATION
L.S.
1
$10,000.00
$10,000.00
310,000.00
310,000.00
310,000.00
$10,000.00
15
ALLOWANCE FOR UNANTICIPATED
UTILITIES ADJUSTMENT
L.S.
1
350,000.00
$50,000.00
350,000.00
550,000.00
$50,000.00
550,000.00
16
INCENTIVE/DISINCENTIVE PAYMENT
FOR PART A
DAYS
60
31,500.00
390,000.00
51,500.00
390,000.00
51,500.00
$90,000.00
17
INCENTIVE/DISINCENTIVE PAYMENT
FOR PART B
DAYS
15
31,000.00
$15,000.00
81,000.00
515,000.00
31,000.00
315,000.00
TOTAL BASE BID
36,311,200.00
37,494 305.00
37 730 124.00
TABULATION OF BIOS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: Pete Anaya, P.E., Director of Engineering Services
BID DATE: Wednesday, December 21, 2011
ENGINEER'S ESTIMATE:
TIME OF COMPLETION:
37,280,000.00
520 Cal. Daws
o SO WASTEWATER
TREATMENT PLANT BELT PRESS FACII XT'
PROJECT NO. 7423
KEYSTONE CONSTRUCTION, INC.
P. O. BOX 90398 •
AUSTIN, TEXAS 78709
R.M. WRIGHT CONSTRUCTION
285 RIO WEST DRIVE
EL PASO, TX 79932
ITEM NO.
DESCRIPTION
UNIT
CITY
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
Al
BELT PRESS FACILITY IN ITS ENTIRITY
INC. MOB. DEMOB, MECH, ELEC.
L.S.
1
$6,134,000.00
$6,134,000.00
$6,917,754.00
$6,917,754.00
A2
30" DIA. DRILLED PIERS
L.F.
135
360.00
$8,100.00
$47.00
$6,345.00
A3
36" DIA. DRILLED PIERS
L.F.
885
$60.00
853,100.00
$61.00
$53,985.00
A4
8" THICK CONCRETE PAVEMENT WITH 6"
FLEX BASE
$ Y.
3752
360.00
3225,120.00
394.00
3352,688.00
AS
4' WIDE CONCRETE SIDEWALK
S.F.
853
36.00
$5,118.00
$2.00
$1,70&.00
J
A6
ASPHALT PAVEMENT REPAIR
S.Y.
212
$50.00
$10,600.00
$30.00
86,360.00
i.
A7
STORM WATER POLLUTION
PREVENTION PLAN
L.S.
1
$5,000.00
35,000.00
310,000.00
310,000.00
BB
PART B- 050 WRP BREAKPOINT
CHLORINATION PILOT
L.S.
1
$485,000.00
$485,000.00
3240,000.00
3240,000.00
C9
PART C- LIFT STATION # 2, ODOR
CONTROL SYSTEM IMP.
L.S.
1
3230,000.00
$230,000.00
$53,000.00
$53,000,00
D10
DEMO, REMOVAL AND DISPOSAL OF
CONCRETE STRUCTURES
L.S.
1
$250,000.00
$250,000.00
3200,000.00
$200,000.00
071
BLOCK SODDING FOR EROSION
CONTROL
S.Y.
3400
36.00
$20,400.00
$2.96
310,064.00
D12
SEEDING FOR EROSION CONTROL
S.Y.
2055
$2.00
$4,110.00
$0.58
31,198.07
013
REMOVE, HAUL AND DISPOSE SLUDGE
ALLOWANCE FOR EXPLORATORY
EXCAVATION
C.Y.
L.S.
1900
1
375.00
$10,000.00
$142,500.00
$10,000.00
$38.00
372,200.00
310,000.00
810,000.00
14
15
ALLOWANCE FOR UNANTICIPATED
UTILITIES ADJUSTMENT
L.S.
1
$50,000.00
350,000.00
$50,000.00
$50,000.00
16
INCENTIVE/DISINCENTIVE PAYMENT
FOR PART A
DAYS
60
31,500.00
$90,000.00
$1,500.00
390,000.00
17
INCENTIVE/DISINCENTIVE PAYMENT
FOR PART B
DAYS
15
$1,000.00
$15,000.00
$1,000.00
$15,000.00
TOTAL BASE BID
$7,738,048.00
$8,090,300.07
CONTRACT SUMMARY
The City of Corpus Christi, Texas hereinafter called "CITY ", and LNV, Inc., hereinafter called
"ENGINEER," agree to the following amendment to the Contract for Professional Services for
Oso Water Reclamation Plant Nutrient Removal Project (Ammonia) (Protect No. E09007),
as authorized and amended by:
Original NE Agreement
August •24, 2010
M2010 -197
$ 550,059.00
Amendment No. 1
January 16, 2012 .
Administrative
Approval
$49,600.00
Exhibit "A ". SECTION 1. SCOPE OF SERVICES, PART A. BASIC SERVICES and PART B.
ADDITIONAL SERVICES, shall be amended as follows:
• Evaluation of Breakpoint Chlorination Pilot Facility Data
• Belt Press Facility & Odor Control Design & Bidding Integration
• Belt Press Facility Construction Observation
In the original contract, EXHIBIT "A ", SUMMARY OF FEES shall be modified and is attached
as Amendment No. 2 Exhibit "A" for a revised fee not to exceed $247,395.00 (Two Hundred
Forty -Seven Thousand Three Hundred Ninety Five Dollars and zero cents), for a total
restated fee not to exceed $847,054 (Eight Hundred Forty Seven Thousand Fifty Four
Dollars and zero cents).
All other terms and conditions of August 24, 2010 contract between the City and Consultant will
remain in full force and effect.
Project Description:
The City of Corpus Christi, Texas, hereinafter called "City ", and LNV, Inc. hereinafter .called
"Engineer ", agree to the following Contract for Basic and Additional Services associated with the
above referenced project.
The basic service effort includes providing preliminary, design, bid, and construction phase
engineering services associated with the original project, Oso WRP Belt Press Facility project,
and the Lift Station No.2 odor control improvements. These services consisted of the detailed
evaluation of all potential ammonia removal alternatives as directed by the City, the design of
the Lift Station No. 2 odor control improvements and incorporation of this design into the Belt
Press Facility bid package along with the incorporation of the Breakpoint Chlorination Pilot
facility plans and specs into the Belt Press bid package as well. Tasks also include providing
full service design coordination with the approved equipment suppliers, design of a 24 -in RAS
line for future use, assembly of the required documents for two (2) addenda and creation of
special provisions for substantial completion and performance incentives /disincentives. These
services were.xequested by the Operating Department.
The additional service effort includes construction observation services for the full duration of
the Belt Press Facility Project, coordination and modifications to the Oso WRP Regulatory
Compliance and Implementation plan based on the Belt Press Facility design, sampling and
data analysis associated with the pilot facilities, and creation of the necessary land acquisition
documents for the Oso WRP buffer zone as required by the state.
—148—
Scope of Services:
The Scope of Services for this contract shall be modified to include the following tasks:
A. Basic Services
1. Preliminary Phase
• Perform an evaluation of ammonia removal alternatives as directed by the City,
including conventional biological ammonia removal, IFAS, Nitrifying Trickling Filters
(NTF), Moving Bed Bioreactors•(MBBR), air stripping, and ion exchange. This shall
be completed in addition to an evaluation of the Breakpoint Chlorination process.
• Engineer will document the evaluation process in a technical memorandum. The TM
shall clearly identify the screening criteria used to evaluate each process, shall
identify whether a phased (near term & long term) approach provides benefit to the
City and ultimately determine the recommended process.
2. Design Phase
• Oso WRP Belt Press Facility - Provide a full review of the Belt Press Facility plans
and specifications by others, providing review comments to AE, coordination with
equipment suppliers and Wastewater personnel, revising existing project
specifications to incorporate additional approved suppliers and to encourage bidder
participation, and development of the substantial completion and performance
incentive /disincentive special provisions.
• Oso WRP Lift Station #2 Odor Control Improvements - Tasks include interviews with
plant personnel and equipment supplier to appropriately define the issues with the
existing odor control facility, to identify the original design criteria, to gauge the
severity of the problem and to ascertain the most feasible alternatives for improving
the existing system. Work also includes development of project recommendations
and scope of improvements, and incorporation of the drawings and specifications
into the Oso WRP Belt Press Facility bid package by others:
• Meetings - Prepare for and conduct five (5) project design coordination meetings
approximately two (2) hours each with City personnel and/ or equipment suppliers to
confirm that the design of the proposed improvements and specified equipment
meets the City's expectations, will provide a good application and will perform as
intended. These meetings may be held at the LNV Conference Room, City
conference room or at the Oso WRP site.
3. Bid Phase
• Perform bid phase services for the Oso WRP Belt Press Facility, Breakpoint
Chlorination Pilot Facility and Lift Station #2 Odor Control improvements. This work
includes attending the Pre -Bid Meeting, Pre -Bid site visit, receiving contractor's
questions via email /facsimile, coordinating with project engineer and architect to
define a clear, thorough and responsive answer to each question, and
generate /issue all project addenda (2 separate documents) required to modify the
bid package and/or to clarify the Engineer's intent on the construction documents.
• Construction Phase
• Perform construction phase services for the Lift Station #2 Odor control improvements.
This will consist of reviewing submittals, performing regular site visits to review for
conformance with the contract documents, providing interpretations and clarifications
of the contract documents for the contract as needed, and making the final
inspection with City staff.
• Site Visits will consist of approximately six (6) trips at 1.5 hrs each.
B. Additional Services
1. Permitting — NONE
2. Topographic Survey — NONE
3. Environmental Issues — NONE
4. Construction Observation Services
• Engineer will provide a part -time (20 hrs /week) Project Representative (PR) for the
duration of construction for the Oso WRP Belt Press Facility project, City Project
7423. Total project duration is 520 days (approximately 75 weeks) for a total of
1,500 hours.
5. Start -up Services — NONE
6. Warranty Phase — NONE
7. Provide SCADA Documentation -- NONE
8. Pilot Study — Breakpoint Chlorination — NONE
9. Oso WRP Regulatory Compliance & Implementation Plan
• This task was originally titled "Oso WRP Master Plan" and has been amended and
renamed as shown above.
• Work consists of coordinating the Oso WRP Regulatory Compliance &
Implementation Plan with the design of the proposed Belt Press Facility project,
reviewing engineering drawings and solids production calculations by others,
identifying and confirming the most beneficial footprint and location, and coordinating
the location of a proposed 24 -in RAS line for future use with the plant re- rating.
10.Oso WRP Process Modeling — NONE
11.Step Feed Pilot Study — NONE
12.Step Feed Pilot Sampling & Analysis
• This task includes the "turn -key" sampling and testing program for step feed pilot
study. The sampling will be performed every 3 -4 days for the 45 -day duration of the
pilot operation. DO & pH will be measured .during each of the 11 sampling days at
„ the midpoint of each basin (5 locations) only for the east train. These locations will
be identified in the field at a later date. Laboratory testing will include approximately
33 tests for each of the constituents shown in Table 5 -1.
—150—
Sampling will be performed as per the following schedule:
• Composite samplers will be used, if possible, for influent and effluent of each train as
shown below. Each of the samples will be tested for the following constituents.
Table 54
P f :t S
13.Oso WRP Buffer Zone
This work includes all tasks associated with aiding the City in obtaining .a revised
and/or modified buffer zone around the perimeter of the Oso WRP. The desired 150 -
ft buffer zone would begin at the plant's existing fence line but is currently located
inside the fence line and as a result, limits the plant's ability to construct new facilities
on their property as older facilities are retired.
• includes an investigation of the City's existing buffer zone documents, surrounding
and ownership, adjacent utility /drainage easements and /or right of way documents,
coordination with the City and adjacent land owners, and preparation of the
necessary buffer zone easement documents.
Schedule:
• All work will be completed by the Engineer no later than August 2013 which is the
scheduled completion of the Oso WRP Belt Press Facility project.
Fees:
A. Fee for Additional Services Authorized. The City will pay the Engineer a total
restated lump sum fee not to exceed $847,054.00 for provided services specified
in this contract. The fee will be full and total compensation for services and for all
expenses incurred in performing these services. Engineer will submit monthly
statements for basic services rendered. Each statement will be based on the
project percent completion at the time of billing. City will make prompt monthly
payments in response to Engineer's monthly statements.
-152-
B. Summary of fees. See below.
SUMMARY OF NE FEES.::.,
The estimated cost of construction for this multiphase project for the Oso Water Reclamation
Plant Nutrient Removal Project (Ammonia) is $9,400,000. The Basic Services fee for the
project is $318,678. Therefore, the percentage of basic engineering services cost to
construction costs is 3.39 %; and overall percentage fee is 9.01%.
The proposed work at the Oso Water Reclamation Plant is specialized and complex in nature
and involves process modeling and chemical analysis. This type of work is considered above
the normal percent-fee and requires specialized professionals to design this highly technical
work.
ORIGINAL
CONTRACT
AMD. NO.1
AMID. NO.2
TOTAL
BASIC SERVICES
,
1. Preliminary Phase
$ _ 97,454.00
$ -
$ 14,890.00
$ 112,344.00
2. Design Phase
$ 139,508.00
$ -
$ 17,820 00 :
$ 157,328.00
3. Sid Phase
$ 8,077.00
$ -
$ 5,240.00
$ 13,317.00
4. Construction Phase
$ 33,929.00
$ -
$ . 1,760.00:
$ 35,689.00
Subtotal Basic Services
$ 278,968.00
$ -
$ 39,710.00
$ 318,678.00
ADDITIONAL SERVICES (ALLOWANCE)
1. Permitting
$ 8,924.00
$ -
$ ..:
$ 8,924.00
2. Topographic Survey
$ 8,670.00
$ -
$
$ 8,670.00
3. Environmental Issues
$ -
$
$
$
4. Construction Observation Services
$ 49,748.00
$ -
$ 142,500..00,
$ 192,248.00
5. Start-Up Services
$ 19,124.00
$
$
$ 19,124.00
6. Warranty Phase
$ 5,612.00
$ -
$ 5,612.00
7. Provide SCADA Documentation
$ 3,511.00
$ -
$.:.:. , .: : `.
$ 3,511.00
8. Pilot Study- Breakpoint Facility
$ 71,536.00
$
$ :
$ 71,536.00
9. Oso WRP Reg. Compliance & Imp. Plan
$ 72,679.00
$ -
$.. 8,.685.00;:
$ _ 81,364.00
10. Oso WRP Process Modeling
$ 31,287.00
$ -
$:
$ 31,287.00
11. Step Feed Pilot Study
$ -
$ 49,600.00
=$
$ 49,600.00
12. Step Feed Pilot Sampling & Analysis
$ -
$ -
$ 44,500,00
$ 44,500.00
13. Oso WRP Buffer Zone
$ -
$ -
.$ 12,00000;
$ 12,000.00
Subtotal Additional Services
$ 271,091.00
$ 49,600.00
,$ 207,685.00
$ 528,376.00
TOTAL AUTHORIZED FEE
$ 550,059.00
$ 49,600.00
$ 247,395.00.
$ 847,054.00
Council Approval
Admin Approval
Council Approval
The estimated cost of construction for this multiphase project for the Oso Water Reclamation
Plant Nutrient Removal Project (Ammonia) is $9,400,000. The Basic Services fee for the
project is $318,678. Therefore, the percentage of basic engineering services cost to
construction costs is 3.39 %; and overall percentage fee is 9.01%.
The proposed work at the Oso Water Reclamation Plant is specialized and complex in nature
and involves process modeling and chemical analysis. This type of work is considered above
the normal percent-fee and requires specialized professionals to design this highly technical
work.
PROJECT BUDGET
OSO WATER RECLAMATION PLANT
Interim Ammonia Improvements/Belt Press Facility/Blower House #4
(INSIDE CITY LIMITS ONLY)
(CIP 2010-2013)
Project No. 7423 & E09007 (Parent)
January 24, 2012
FUNDS AVAILABLE:
Wastewater CIP (2010-2014) $12,016,100.00
FUNDS REQUIRED:
Construction :
Base Bid (CSA Construction, Inc.) $6,311,200.00
Subtotal Construction. $6,311,200.00
Contingency (10%) 631,120M
Consultant Fees:
*Design Consultant (LNV Engineering, Inc.) 599,659.00
*Design Consultant (Harmon Engineering) 393,334.00
*Peer Review Consultant (Freese Nichols, Inc.). 61,551.00
Geotechnical Consultant (Arias & Associates, Inc.) 4,500.00
Water Sampling Consultant (Analysys, Inc.) 7,201.00
Construction Observation (LNV Engineering, Inc.) 247,395.00
Materials Testing (Raba Kistner) 39,052.00
Reimbursements:
Contract Administration (Contract Preparation/Award/Admin) 47,335.00
Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) 110,450.00
Finance Reimbursement 15,800.00
Misc. (Printing, Advertising, etc.) 15,800.00
TOTAL $8,484,397.00
ESTIMATED PROJECT BUDGET BALANCE $3,531,703.00
* All three contracts were previously approved by City Council.
—154—
Mproject \councilexhibits\exh7423. dwg
PROJECT #7423
LOCATION MAP
NOT TO SCALE
Oso Water Reclamation Plant Process
Improvements, Belt Filter Press
Building Replacement
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
--
--
-
-155-
14
TO:
FROM:
AGENDA MEMORANDUM
_ for the City Council Meeting of January 24, 2012
DATE: December 27, 2011
Ronald L. Olson, City Manager
Pete Anaya, P.E., Director of Engineering Services
peteanacctexas.com, (361) 826 -3781
Troy Riggs, Police Chief
Trovr(a7cctexas.com, (361) 886 -260
Approval of Professional Architectural Services Contract: Public Safety
Warehouse (Police) -- Project No. 5244
PURPOSE:
A. Ordinance appropriating $500,000 from the Unreserved Fund Balance in the No. 1020 General
Fund for a new Public Safety Warehouse Building for the Police Department; authorizing the
transfer of $500,000 from the No. 1020 General Fund to and appropriation in the No. 3350
Public Health and Safety CIP Fund; and changing the FY 2011 -2012 Operating Budget adopted
by Ordinance No. 029155 to increase appropriations by $500,000.
B. Ordinance changing the FY 2011— 2012 Capital Budget adopted by Ordinance No. 029135 by
increasing appropriations by $500,000 for a separate Public Safety Warehouse Building Project
for the Police Department.
C. Motion authorizing the City Manager or designee to execute a Professional Services contract
with LaMarr Womack & Associates, L.P. of Corpus Christi, Texas, in the amount of $147,141.00
for the Public Safety Warehouse (Police) Project.
BACKGROUND AND FINDINGS:
In November 2008, voters approved the Bond 2008 election including the proposition for a Public
Safety Warehouse for both Fire and Police Departments. City staff evaluated the options of building a
warehouse on City owned !and,, purchasing an existing warehouse facility or purchasing land to build a
new facility. This resulted in Council approving the purchase of an existing warehouse and acreage
(3.54 acres) at 1501 Holly Road. The warehouse was modified for Fire Department storage, vehicle
maintenance and other uses.
Approval of the motion is necessary to provide the architectural services necessary to provide design,
bid, construction and additional services to result in the construction of a new Public Safety Warehouse
(Police). The facility will be constructed on vacant land adjacent to the Fire Departments Public Safety
Warehouse at 1501 Holly Road. LaMarr Womack and Associates was selected for the project as part
of the RFQ 2008 -05 professional services selection process.
ALTERNATIVES:
1. Repeat the RFP Selection Process and negotiate with a different consultant.
2. Award the contract to LaMarr Womack and Associates, L.P. as recommended.
-159 -
K:IEngineering DataExchangelLyndalPublic Health & SafetylBond 08\5244 - 11651ic Safety Warehouse\AEAwd - Executive Summary.docx
FINANCIAL IMPACT:
❑ Not Applicable
D Operating Expense o Revenue
X CIP
FISCAL YEAR: 2011 -2012
Prior Year
(CIP Only)
Current Year
Future Years
TOTALS
Budget
$1,306,128.84
$1,306,128.84
Encumbered /Expended Amt.
This item
$147,141.00
$147,141.00
1,134, 987.84
BALANCE
1,134, 987.84
FUNDS: Public Health & Safety CIP
Comments: The proposed project will result in the construction of a dedicated Public Safety
warehouse and office building for the Police Department and allow continued reduction in lease space
utilization. The money appropriated from the General Fund is a ban and will be repaid back to the
General Fund through yearly fees saved on property rentals that will no longer be necessary once the
new facility is complete.
RECOMMENDATION: City staff recommends the ordinances and motion be adopted as presented.
CONFORMITY TO CITY POLICY:
The recommended actions conform to statutes regarding Professional Service Procurement and the
FY2011 -2012 Capital Budget.
EMERGENCY / NON-EMERGENCY:
Not Applicable.
DEPARTMENTAL CLEARANCES:
Police Department.
LIST OF SUPPORTING DOCUMENTS:
Exhibit A: Contract Summary
Exhibit B: Project Budget
Exhibit C. Location Map
Cc: Veronica Ocanes, Assistant City Attorney
Constance Sanchez, Interim Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Oscar R. Martinez, Assistant City Manager
Margie R. Rose, Assistant City Manager
-160 -
K:lEngineering DataExchangelLyndalPublic Health & SafetylBond 0815244 - 'UDiw safety Warehouse\AEAwd - Executive Summary.docx
Contract Summary
I. SCOPE OF SERVICES
A. Basic Services.
1. Preliminary Phase. The Architect/Engineer -NE will:
It is the intent of the Preliminary Phase to provide a study and report of project scope
with economic and technical evaluation of alternatives, and upon approval, proceed with
an Engineering Letter Report which includes preliminary designs, drawings, and
written description of the project. This report shall include:
a. Provide scope of soil investigations, borings, and laboratory testing 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 formal 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, 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 Engineering) 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
( CONSTRUCTABILITY).
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).
[EXHIBIT "A"
Page 1 of 5
K\ EngineeringaataExchangelKevinSLGEMPOLICE15244PolicePublicSafetyWarehqr SumExhAdocx
d.
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 design memorandum prior to submission.
9) Provide an analysis on project impacts towards "re- engineering" and
effects on cost savings toward City operations, which this project will
affect.
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. Upon approval of the preliminary phase, designated by receiving
authorization to proceed, 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.
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.
c. Provide assistance to identify testing, handling and disposal of any hazardous
materials and /or contaminated soils that may discovered during construction (to
be included under additional services).
d. Prepare final quantities and estimates of probable costs with the recommended
construction schedule. The construction schedule will provide a phased approach to
track progress and payments.
e. Furnish one (1) set of the interim plans (60% submittal - electronic and full -size
hard copies using City Standards as applicable) to the City staff for review and
approval purposes with estimates of probable construction costs. Show existing
elevations resulting from topographic survey. Show locations of utility lines,
structures and their respective elevations resulting from the S.U.E. Use the City's
numbering system for utility manholes. Identify distribution list for plans and bid
documents to all affected utilities including City and all other affected entities.
Required with the in terim plans is a "Plan Executive Summary" which will identify
and summarize the project by distinguishing key elements such as:
• Pipe Size or Building Size
• Pipe Material, etc.
• Why one material is selected over another
b.
EXHIBIT "A"
Page 2of5
KlEngineering DataExchangelKevinSSGEN4POLICE15244Pol iicePublicSafetyWareF' 1 '6 2 ' d Adocx
• Pluses of selections
• ROW requirements and why
• Permit requirements and why
• Easement requirements and why
• Embedment type and why
• Constructability, etc.
• Specific requirements of the City
• Standard specifications
• Non - standard specifications
• Any unique requirements
• Cost, alternatives, etc.
• Owner permit requirements and status
f. Assimilate all review comments, modifications, additions /deletions and proceed to
next phase, upon Notice to Proceed.
g. Provide one (1) set of the pre -final plans and bid documents (90% submittal -
electronic and full -size hard copes using City Standards as applicable) to the City
staff for review and approval purposes with revised estimates of probable costs.
Compile comments and incorporate any requirements into the plans and
specifications, and advise City of responding and non - responding participants.
h. Provide Quality Assurance /Quality Control (QA/QC) measures to ensure that
submittal of the interim, pre -final (if required), and final complete plans and complete
bid documents with specifications accurately reflect the percent completion
designated and do riot necessitate an excessive amount of revision and correction
by City staff. The Consultant A/E and Sub - consultant A/E shall submit a letter
declaring that all engineering disciplines of all phases of the submittals have
been checked, reviewed, and are complete prior to submission, and include
signature of all disciplines including but not limited to structural, civil,
mechanical, electrical, etc.
i. If required, provide traffic controls including a Traffic Control Plan, illumination,
markings and striping, signalization, and as delineated by the City Traffic
Engineering Department.
j. Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic
and full -size hard copies using City Standards as applicable) for City's final review.
k. Assimilate all final review comments (if any).
I. Upon approval by the Director of Engineering Services, provide one (1) set of the
final plans and contract documents (electronic and full -size hard copies using City
Standards as applicable) suitable for reproduction. Said bid documents henceforth
become the sole property and ownership of the City of Corpus Christi.
m. 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.
n. Prepare and submit monthly status reports with action items developed from monthly
progress and review meetings.
o. 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.
[EXHIBIT
A "
Page 3 of
5
K1Engineering DataExchange1Kevin51GEMPOLICE15244PolicePublic5afetyWarebar "xhAdocx
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 AIE'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
contractor's price and are not contrary to the general interest of the City under the
contract.
g. Make final inspection with City staff and provide the City with a Certificate of
Completion for the project.
h. As applicable, review and assure compliance with plans and specifications, the
preparation of operating and maintenance manuals (by the Contractor) for all
equipment installed on this Project. These manuals will be in a "multimedia format"
suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the
Introduction, Table. of Contents, and Index will be in HTML (HyperText Markup
Language) format, with HyperText links to the other parts of the manual. The
remainder of the manual can be scanned images or a mixture of scanned images
and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc..
Confirm before delivery of the manuals that all scanned image formats are
compatible with the image- viewing software available on the City's computer -
Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals
on a CD -ROM, not on floppy disks.
i. Review construction "red -line" drawings, prepare record drawings of the Project as
constructed (from the "red - line" drawings, inspection, and the contractor provided
plans) and deliver to the Engineering Services a reproducible set and electronic file
(AutoCAD r.14 or later) of the record drawings 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
leengineering [ 3ataExchangelKevtn51GEMPOLICE45244PolicePublic5afetyWarei7 lialazTExhA.docx
EXHIBIT "A"
Page 4 of 5
3. FEES
Su
separate file. Attribute data will be provided in ASCII format in tabular form. All
electronic data will be compatible with the City GIS system.
Basic Services Fees
1. Preliminary Phase .
$25,706.25
2. Design Phase
$56,553.75
3. Bid Phase
$5,141.25
4. Construction Phase
$15,423.75
Subtotal Basic Services Fees
$102,825.00
Additional Services Fees (Allowance)
1. TDLR
$715.00
2. ROW Acquisition Survey
3. Topographic Survey and Parcel Descriptions
4. Environmental issues
5. Construction Observation Services
$34,830.00
6. Landscape and irrigation
$2,200.00
7. Warranty Phase
$6,571.00
Sub -Total Additional Services Fees Authorized
$44,316.00
Total Authorized Fee
$147,141.00
EXHIBIT "A"
Page 5 of 5
K[Engineering TSataExchangelKevinSlGENTOLICE45244PalicePublie5afetyWartgr mFxhAdocx
PROJECT BUDGET
PUBLIC SAFETY WAREHOUSE (POLICE)
Project No. 5244
December 13, 2011
FUNDS AVAILABLE:
Public Health & Safety CIP Fund . ............................... • 1,306,128.84
1,306,128.84
FUNDS REQUIRED:
Construction ( Est.) 950,000.00
Contingencies (10 %)... 95,000.00
Consultant Fees:
Consultant (LaMarr Womack) 147,141.00
Construction Management/Inspection (included in Consultant Fee).......... ...........
Geotechnical Services 4,650.00
Materials Inspection & Testing (Est.) 16,000.00
Reimbursements:
Engineering, Traffic Engineering, Finance, etc. 58 000.00
Total 1,270,791.00
16 -6-
Variance 35,337.84
Exhibit B
Page 1 of 1
File : \ Mproject \councilexhibits \exh5244.dwg
AGNES
CORPUS
CHRISTI
INTERNATIONAL
AIRPORT
CORTI'S
C, -CRTSIT
MI:GLO1N RD
PROJECT
LOCATION Sw4 o�
JD
LOCATION MAP
NOT TO SCALE
VICINITY MAP
PROJECT # 5244 NOT TO SCALE
FIRE DEPARTMENT MAINTENANCE FACILITY
NEW CONCRETE DRIVEWAY /PARKING LOT
-167-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
Page 1 of 2
Ordinance appropriating $500,000 from the . Unreserved Fund
Balance in the No. 1020 General Fund for a new Public Safety
Warehouse Building for the Police Department; authorizing the
transfer of $500,000 from the No. 1020 General Fund to and
appropriation in the No. 3350 Public Health and Safety, CIP Fund;
changing the FY 2011 -2012 Operating Budget adopted by Ordinance
No. 029155 to increase appropriations by $500,000; and declaring an
emergency.
Be it ordained by the City Council of Corpus Christi, Texas, that:
Section 1. That $500,000 from the Unreserved Fund Balance in the No. 1020 General
Fund is appropriated for a new Public Safety Warehouse Building for the Police
Department, and the $500,000 is authorized to be transferred from the 1020 General
Fund to the No. 3350 Public Health and Safety CIP Fund.
Section 2. That the FY 2011 -2012 Operating Budget adopted by Ordinance 029155 is
changed by increasing both revenues and expenditures by $500,000 each.
Section 3. That upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances. at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the day of January, 2012.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED as to for
By:
Veronica Ocanes
Assistant City Attorney
For City Attorney
Joe Adame
Mayor
011712 ORD- Approp- 1020General -CIP (2e)
-168-
Page 2 of 2
Corpus Christi, Texas
Day of , 2012
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: l /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Joe Adame
Mayor
Council Members
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
011712 ORD- Approp- 1020General -C IP (2e) -169—
Page 1 of 2
Ordinance changing the FY 2011 -2012 Capital Budget adopted by
Ordinance No. 029135 by increasing appropriations by $500,000 for a
separate Public Safety Warehouse .Building Project for the Police
Department; and declaring an emergency.
Be it ordained by the City Council of Corpus Christi, Texas, that:
Section 1. That the FY 2011 -2012 Capital Budget adopted by Ordinance 029135 is
changed by increasing appropriations by $500,000 for a separate Public Safety
Warehouse Building Project for the Police Department.
r Section 2. That upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the day of January, 2012.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED as to for
By:
Veronica Ocanas
Assistant City Attorney
For City Attorney
Joe Adame
Mayor
011712 ORD- Change FY11 -12 CapitalBudget (2e) —1 70—
Page 2 of 2
Corpus Christi, Texas
Day of , 2012
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Joe Adame
Mayor
Council Members
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
011712 ORD- Change FY11 -12 CapitalBudget (2e) —171—
15
AGENDA MEMORANDUM
for the City Council Meeting of January 24, 2012
DATE: January 19, 2012
TO: Ronald L. Olson, City Manager
FROM: Margie C. Rose, Assistant City Manager!, General Government & Operations Support
margier aC�cctexas.com
(361) 826 -3232
UPDATE TO CITY COUNCIL — Continuous Improvement Review of Municipal
Court Administration
STAFF PRESENTER(S):
Name
1. Margie C. Rose
2. Saundra Thaxton
3. Steve Klepper
OUTSIDE PRESENTER(S):
Name
'l. None
2.
3.
Title /Position
Assistant City Manager
Finance and Resource Mgmt Supt
Administrative Supt
Title/Position
Department
General Government & Operations Support
Budget Office
Water
Organization
BACKGROUND:
A summary of the results of the first Continuous Improvement Review that had as its focus the Municipal Court
Administration
LIST OF SUPPORTING DOCUMENTS:
Power point presentation
Approvals: Eddie Houlihan, Assistant Director of Management and Budget
Margie C. Rose, Assistant City Manager
Continuous Improvement Review
Court Administration
We are strengthening how we conduct
our "business"
"Continuous Improvement" is key
• We recently created a Continuous
Improvement Team tasked with
reviewing several departments each year
• Key objectives are to improve
management processes & systems to
plan, execute and monitor
Aspects of each Continuous
Improvement Review
• Organization & staffing
• Policies & procedures
• Training
• Business plan development & execution
• Systems to track accomplishments
• Benchmarking customer satisfaction
OUR 1ST REVIEW:
Municipal Court Administration
• Objective:
To improve Municipal Court processes &
management systems
• Methodology: (field work conducted in October 2011)
• Toured Municipal Court, observed processes &
interviewed employees
• Interviewed staff in interfacing departments (Legal,
Finance, Human Resources, MIS, Police)
• Reviewed Texas Office of Court Administration
documentation & Chapter 29 of the City's Code of
Ordinances
32 recommendations for i
with full concurrence
p
ovement,
Findings:
• Weak controls in Court's computerized
court records systems
• Lack of overall technology planning
• Numerous organizational issues
• Concerns about the City Detention Center
(CDC)
5
Immediate attention needed to
strengthen controls over court records
• Quality control is lacking over citation & judicial
information recorded in system
• System audit capabilities are limited:
— Audits are possible only on a case by case basis
— Can't analyze entries made according to individual making
changes
• Difficult to routinely detect unauthorized changes to
court records
Recommendations: assess risks/vulnerabilities,
strengthen internal controls & establish more
accountability
No overall technology plan.or system
requirements document exists
• No evaluation conducted on whether the current
software system is meeting business needs
• Current system installed in 1998 & components
nearing end of life
Recommendations: develop comprehensive
requirements document ("as is/to be" work flow) &
evaluate software packages
Numerous organizational issues need
attention
• No comprehensive policy & procedures manual
• No employee orientation or training program
• Consistently high employee turnover
• No employee performance reviews
• No benchmarking
• No systematic staffing analysis
• City marshals used for courtroom security instead
of serving warrants
• Concerns of inter/intra-departmental teamwork
Serious concerns about the City's
Detention Center (CDC)
• Critical vacancies for extended period
• Lack of adequate funding for supplies, uniforms,
boots
• Inadequate quality control for identification
functions
• Facility improvements are needed
Recommendations: short & long-term strategy is
needed to address current deficiencies and the
future of CDC
Continuous
provement Review
Municipal Court Administration