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HomeMy WebLinkAboutAgenda Packet City Council - 01/24/2012! =101111W MOMS 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. 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EA . s .orsc� led Co es of:. dr on et6 1o_ ?n osesr 4 a- ": o r ece'i end a riot. PSS -tha: dtut .ina1t-ee •tSo'fa edH: 1 re • E tie aac.transit fi eral -: is rk y hl: r tietal it # is. l ar Ced with an-- n y rni . £lie e i � a �,usa«�w:�..a ;?tom sv,�«a.....�» l r mental en it � h t �.�et etery or.i�a road. i t et 114 i•.0.: • erT71,-- ° = •,i4miiiaciek=4;" 7 - .2k 4126 P.,74744.,5 Fz13- F0 i f sate% th Riad tiotiS7 bikile.a4„.„Lol,44! sh V • tIteita ...._. iittil .6' « A ... 'i4. ' g:§ ccsib1e ' foiA , i 5 tio , ....,,,,..---.... .'rr",-,--,,,. •.='''',77-,..17"`°- ,....,,,,,.... ..* : . • 5 S&L. 5 -4,- : .! . -.. • steitSiJitit e 'esseSsi ekGelic& errdo e thjiWni',4 r6f ibliev: 5 5125 = 4 1 — w- �- ecanc� r�ii c�nitf�n u ors a r e e i a to e. oil . e. el eras a x tar' ha ire ofirah and steel . scrap iron' nd e tions Qbetwe tr or% oftt6 1 14-dia o Ito -dt` L� 05 W. 9.!vd £ SECTION 2. not to exceed A person violating an .££6 o-. e. :°� e a .£r 41 fir Ififig fine 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 S 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: AFA- AFA_LongGen Page 1 of1lt,g— 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 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 AFA- AFA_LongGen Page 2 of11130 — 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 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. AFA- AFA_LongGen Page 3.sfl131 — 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 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. AFA- AFA_LongGen Page 4 of 114 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 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 AFA- AFA_LongGen Page 5 .ofl1133 — Revised 05/06/2011 CSJ # 0916 -35 -168 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. AFA- AFA_LongGen Page 6 of 14 4— 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 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. AFA- AFA_LongGen Page 7-G M— — Revised 05/06/2011 CS.; # 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 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 AFA- AFA_LongGen Page 8 of 1t l 6— 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 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 AFA- AFA_LongGen Page 9 ef11D7— Revised 05/06/2011 CSJ # 0916 - 35168 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 AFA- AFA_LongGen Page 10.f1 1j38_ Revised 05/06/2011 CSJ # 0916 -35 -168 District # 16 -- Corpus Christi Code Chart 64 # 09800 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 AFA- AFA_Long Gen Page 11 -r 1S)— 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 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