HomeMy WebLinkAboutAgenda Packet City Council - 07/17/2012Corpus Christi
Meeting Agenda - Final- revised
City Council
1201 Leopard St
Corpus Christi, TX 78401
CCtexas.com
Tuesday, July 17, 2012
12:00 PM Council Chambers
Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED
PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS
OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at
approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please
speak into the microphone located at the podium and state your name and address.
Your presentation will be limited to three minutes. If you have a petition or other
information pertaining to your subject, please present it to the City Secretary.
Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete
ingles- espanol en todas las juntas del Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least
48 hours in advance so that appropriate arrangements can be made.
A. Mayor Joe Adame to call the meeting to order.
B. Invocation to be given by Associate Pastor Darryl Hart, Immanuel Fellowship.
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.
E. Proclamations / Commendations: (NONE)
F. MINUTES:
1. 12 -00509 Approval of Meeting Minutes - July 10, 2012.
Attachments: Minutes - July 10, 2012.pdf
G. BOARDS & COMMITTEE APPOINTMENTS:
2. 12 -00491 Building Code Board of Appeals
Corpus Christi Regional Economic Development Corporation
Library Board
Oil & Gas Advisory Committee
Planning Commission
Water Resources Advisory Committee
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Meeting Agenda - Final- revised July 17, 2012
Attachments: Board Packet.pdf
H. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed as motions,
resolutions, or ordinances. If deemed appropriate, the City Council will use a different
method of adoption from the one listed; may finally pass an ordinance by adopting it as
an emergency measure rather than a two reading ordinance; or may modify the action
specified. A motion to reconsider may be made at this meeting of a vote at the last
regular, or a subsequent special meeting; such agendas are incorporated herein for
reconsideration and action on any reconsidered item.
I. CONSENT AGENDA: (ITEMS 3 - 11)
NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and
ordinances 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.
3. 12 -00419 Purchase of traffic signals and equipment
Motion approving the purchase of traffic signals and equipment from
Siemens Industry, Inc., Austin, Texas in accordance with Bid Invitation No.
BI- 0155 -12 based on lowest responsible bid for a total amount of $55,750.
Funds have been budgeted by Traffic Engineering in FY 2011 -2012.
Attachments: Agenda Memo - Purchase of Traffic Signals & Equipment
Bid Tabulation - Purchase of Traffic Signals & Equipment.xls
4. 12 -00420 Purchase of food items for Elderly Nutrition Program
Motion approving supply agreements with the following companies for the
following amounts in accordance with the Coastal Bend Council of
Governments Bid Invitation No. CBCOG -12 -3 for food items which include
canned and frozen fruit and vegetables; meats and condiments, for an
estimated six month expenditure of $194,522.94 of which $32,420.49 is
required for the remainder of FY 2011 -2012. The terms of the contracts
shall be for six months with options to extend for up to three additional
months, subject to the approval of the Coastal Bend Council of
Governments, the suppliers, and the City Manager or designee. Funds are
available through the Meals on Wheels Grant.
LaBatt Food Service
Corpus Christi, Texas
162 Line Items
$91,102.80
Performance Food Group
Victoria, Texas
99 Line Items
$103,420.14
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Meeting Agenda - Final- revised July 17, 2012
Grand Total: $194,522.94
Attachments: Agenda Memo - Food Items for Senior Community Services.docx
Bid Tabulation - Food Items for Senior Community Services rev.l.xls
5. 12 -00428 Purchase of replacement vacuum truck for Wastewater department
Motion approving the purchase of one (1) vacuum truck from Houston
Freightliner, Inc., Houston, Texas for a total amount of $303,976.14. The
award is based on the cooperative purchasing agreement with the
Houston - Galveston Area Council of Governments (H -GAC). The unit is a
replacement to the fleet and will be used by the Wastewater Department.
Funding is available in the FY 2011 -2012 Capital Outlay Budget of the
Wastewater System Fund.
Attachments: Agenda Memo - Vacuum Truck for Wastewater Department.doc
Price Sheet - Vacuum Truck for Wastewater Department.xls
6. 12 -00429 Supply agreement for conversion of fleet vehicles from gasoline to
compressed natural gas (CNG)
Motion approving a supply agreement with Natural Gas Vehicles Texas,
Inc., Dallas, Texas for the conversion and up- fitting of ten (10) vehicles from
gasoline fuel to compressed natural gas (CNG) in accordance with Bid
Invitation No. BI- 0163 -12 based on lowest responsible bid for an estimated
annual expenditure of $98,600. The term of the agreement will be for twelve
months with options to extend for up to two additional twelve -month
periods, subject to the approval of the supplier and the City Manager, or
designee. Funds are available in the Gas Grant Fund No. 1053, Gas
Fund, Maintenance Service Reserve for Fleet Replacement Fund and
Storm Water Fund.
Attachments: Agenda Memo - CNG Conversion and Up- Fitting rev 2.doc
Bid Tabulation - CNG Conversion and Up- Fittinq.xls
7. 12 -00441 Service agreement to provide portable chemical toilets
Motion approving a service agreement with Skid -O -Kan Company, Corpus
Christi, Texas for portable chemical toilets in accordance with Bid Invitation
No. BI- 0148 -12, based on lowest responsible bid, for a total estimated
annual expenditure of $61,411.50 of which $5,117.63 is required for the
remainder of FY 2011 -2012. The term of the agreement shall be for twelve
(12) months with options to extend for up to two (2) additional twelve -month
periods, subject to the approval of the supplier and the City Manager or
designee. Funds have been budgeted by the using Departments in FY
2011- 2012.
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Meeting Agenda - Final- revised July 17, 2012
Attachments: Agenda Memo - Portable Chemical Toilets.docx
Bid Tabulation - Portable Chemical Toilets.xlsx
Service Agreement - Portable Chemical Toilets.pdf
8. 12 -00442 Service agreement to provide dumpster containers for using City
departments
Motion approving a service agreement with CC Disposal Service, Corpus
Christi, Texas for dumpster route collection in accordance with Bid
Invitation No. BI- 0161 -12, based on lowest responsible bid, for a total
estimated annual expenditure of $89,088.00 of which $7,424.00 is
required for the remainder of FY 2011 -2012. The term of the agreement
shall be for twelve (12) months with options to extend for up to two (2)
additional twelve -month periods, subject to the approval of the supplier and
the City Manager or designee. Funds have been budgeted by the using
Departments in FY 2011- 2012.
Attachments: Agenda Memo - Dumpster Route Collection.docx
Bid Tabulation - Dumpster Route Collection.xls
Service Agreement - Dumpster Route Collection.pdf
9. 12 -00458 Construction contract for sports field improvements to Bill Witt and
Botsford Parks
Motion authorizing the City Manager, or designee, to execute a
Construction Contract with Lowman Land Improvements of Orange Grove,
Texas for the Bill Witt and Botsford Park Improvements project in the
amount of $237,401.95 for the Base Bid (Bond 2008 Project - Sports Field
Improvements).
Attachments: Agenda memo - Bill Witt Botsford Park
Budget - Bill Witt and Botsford
Location map - Bill Wtt & Botsford Park Imps.pdf
10. 12 -00459 Professional services contract for architect /engineering services for
wastewater service line repair
Motion authorizing the City Manager, or designee, to execute a Contract
for Professional Services with Engineering Construction Management
Services (ECMS) of Corpus Christi, Texas in the amount of $60,400.00 for
the Wastewater Service Line Repair and Clean -out Installation and
Manhole Ring Cover Adjustment Program FY2012 for construction
inspection services.
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Meeting Agenda - Final- revised July 17, 2012
Attachments: Memo - VVW Cleanouts
Protect Budget - VVW Cleanouts
Location Map - VWV Service Line Repair & Clean- out.pdf
Contract - WW Service Line Repair & Clean- Out.pdf
11. 12 -00456 Lease renewal for Tejas Bowman Archery Club on property located
off of McKinzie Road and Allison Drive
Ordinance authorizing the City Manager, or designee, to execute a
five -year lease agreement with Tejas Bowmen Archery Club for the use of
City property near Allison Wastewater Treatment Plant off of McKenzie
Road, to maintain and operate an archery range; and declaration of
emergency.
Attachments: Agenda Item - Tejas Bowmen Archery Club lease renewal
Ordinance - Tejas Bowmen Archery Club Lease.docx
Lease - Tejas Bowmen Archery Club 2012 5 yrs.pdf
J. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into executive session at
any time during the meeting in order to discuss any matters listed on the agenda, when
authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas
Government Code, and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go into executive
session regarding an agenda item, the section or sections of the Open Meetings Act
authorizing the executive session will be publicly announced by the presiding office.
12. 12 -00505 Executive session pursuant to Section 551.071 of the Texas Government
Code for consultation with attorneys regarding fire collective bargaining
negotiations with possible discussion and action in open session.
K. PUBLIC HEARINGS: (NONE)
L. REGULAR AGENDA: (NONE)
The following items are motions, resolutions and ordinances that will be considered and
voted on individually.
M. FIRST READING ORDINANCES: (ITEMS 13 - 14)
13. 12 -00477 Ordinance renaming North Beach
First Reading Ordinance - To rename certain areas in the City of Corpus
Christi as "North Beach ".
Attachments: Agenda Memo - North Beach Renaminq.docx
North Beach Renaming Ordinance
North Beach Exhibit
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Meeting Agenda - Final- revised July 17, 2012
14. 12 -00478 Acceptance of grant and appropriation of funds for Marina boat
pump -out system
First Reading Ordinance - Authorizing the City Manager or designee to
execute all documents necessary to accept a grant from the Texas Parks
and Wildlife Department in the amount of $12,457.00 for the Corpus Christi
Marina boat pump -out system, with a City match of $4,152.50 in the No.
4700 Marina Fund for a total project cost of $16,609.50; and appropriating
the $12,457.00 grant in the No. 1058 Marina Grants Fund for a boat
pump -out system for the Corpus Christi Marina.
Attachments: Agenda memo - TPWD boat pump -out system
Ordinance Marina Pump -Out - TPWD Grant.doc
N. SPECIAL BUDGET CONSIDERATION ITEMS: (ITEMS 15 - 23)
PROPOSED CITY OF CORPUS CHRISTI FY 2012 -13 CAPITAL BUDGET
15. 12 -00464 First Reading Ordinance - Approving the Fiscal Year 2012 -2013 Capital
Budget and Capital Improvement Planning Guide in the amount of
$212,844,400.
Attachments: Agenda memo - 1st reading CIP
Ordinance - FY 2012 2013 CIP.pdf
Power Point- FY 2012 -2013 CI P. pptx
PROPOSED CITY OF CORPUS CHRISTI FY 2012 -13 OPERATING BUDGET
16. 12 -00469 First Reading Ordinance - Adopting the City of Corpus Christi Budget for
the ensuing Fiscal Year beginning August 1, 2012; to be filed with the
County Clerk; appropriating monies as provided in the budget and
providing for severance.
Attachments: Agenda Item - 1st Reading Ordinance - Adoption of 2012 -2013 Budget
Ordinance - FY 2012 -2013 Budget
17. 12 -00470 First Reading Ordinance - To ratify increase of $1,880,999 in property tax
revenues from last year's operating budget as reflected in the 2012 -2013
operating budget.
Attachments: Agenda Memo - 1st Reading Ordinance - Increase in Property Tax Revenues
Ordinance - First Reading - FY 2012 -2013 Budget property tax revenues
PROPOSED FEE / RATE ADJUSTMENTS INCLUDED IN THE PROPOSED FY 2012 -13
OPERATING BUDGET
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Meeting Agenda - Final- revised July 17, 2012
18. 12 -00489 Fee increases for incentives to return Library items
First Reading Ordinance - Amending Section 2 -79 "Fees" of the Code of
Ordinances by defining lost item, referring accounts with a lost item to
collection, modifying lost item fee processing, authorizing replacement
library card fee, authorizing increase in overdue fees for audio /visual items;
providing an effective date; providing for severance; and providing for
publication.
Attachments: Agenda memo - Library fees
ORDINANCE - Amend Library fees 07 -06 -2012
19. 12 -00461 Ordinance repealing the electronic processing fee for utility
payments
First Reading Ordinance - Amending the Code of Ordinances, City of
Corpus Christi, Chapter 17, Finance, by repealing Section 17 -3.1,
regarding utility payments convenience fee; providing for severance;
providing for publication; and providing for effective date of August 1, 2012.
Attachments: Agenda Item - Repeal Electronic Processing Fee
Ordinance to Repeal Section 17 -3.1 utility fee
20. 12 -00493 PERMIT FEE INCREASES FOR TRAFFIC ENGINEERING
APPLICATION PROCESS (Related items 20 - 22)
Fee increases for temporary street closures for neighborhood,
small, large /special events and new fee for parades, walks, marches
and sporting events
First Reading Ordinance - Amending Section 49 -16 of the Code of
Ordinances to revise and increase fees for temporary street closure
permits, classify and add permit fees for parades, walks, marches, and
sporting events, and provide authority for the traffic engineer to issue all
temporary street closure permits; providing for severance; and providing
for publication.
Attachments: Memo - Traffic Engineering Fee Increases
Traffic Fee Increases - Ordinance 1
21. 12 -00496 Fee increases for banner permits
First Reading Ordinance - Amending Section 3- 3(2)(c) of the Code of
Ordinances to increase the fee for a banner permit from $ 25.00 to $
35.00; providing for severance; providing for publication.
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Meeting Agenda - Final- revised July 17, 2012
Attachments: Memo - Traffic Engineering Fee Increases
Traffic Fee Increases - Ordinance 2
22. 12 -00497 Fee increases for Residential Traffic Management Program
First Reading Ordinance - Amending Section 53 -88 of the Code of
Ordinances to provide for an administrative fee of $ 100.00 to initiate a
traffic calming study device process; providing for severance; and
providing for publication.
Attachments: Memo - Traffic Engineering Fee Increases
Traffic Fee Increases - Ordinance 3
23. 12 -00475 Water rate and fee adjustments
First Reading Ordinance - Amending the Code of Ordinances, City of
Corpus Christi, Chapter 55, Utilities, regarding water rates and fees;
providing for severance; providing an effective date; and providing for
publication.
Attachments: Agenda Memo - Water Rate Ordinance
Ordinance - FY 2013 Utility Rate
0. FUTURE AGENDA ITEMS: (ITEMS 24 - 33)
The following items are for Council's informational purposes only. No action will be taken
and no public comment will be solicited.
24. 12 -00492 Resolution for adjusting recreational fees for FY 2012 -2013
Resolution authorizing adjustment of parks, recreation, cultural, and leisure
time activities rental and recreational fees; adding new rental fees and
recreational fees for fiscal year 2012 -2013; providing for publication;
providing for effective date; and providing for severance.
Attachments: Agenda memo - P & R fees
Resolution - FY13 New fees Parks & Recreation.doc
ExhibitA - FY13 New Fees Parks & Recreation.xls
25. 12 -00485 Agreement with CCISD for juvenile assessment center services
Resolution authorizing the City Manager or designee to execute an
Interlocal Agreement with the Corpus Christi Independent School District to
provide Juvenile Assessment Center services.
Attachments: Agenda Memo - JAC CCISD Interlocal.docx
Resolution - JAC CCISD Interlocal.docx
Interlocal Agreement- with CCISD for Juvenile Assessment Center services.pdf
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Meeting Agenda - Final- revised July 17, 2012
26. 12 -00483 Professional services contract for third party review of FEMA data
and model analysis of seawall area (Related items 26 - 28)
Ordinance approving and appropriating the transfer of $175,000 from
Unreserved Fund balance in No. 1120 Seawall Improvement Fund to and
appropriating in the No. 3271 Seawall Type A CI P Fund for the Preliminary
FEMA Bayfront Flood Insurance Rate Maps Assessment Project; and
declaring an emergency.
Attachments: Memo - FEMA1
Project map - Prelim FEMA Bayfront FIRM Assessment.pdf
Ordinance No. 2 - Preliminary FEMA Bayfront FIRM Assessment.docx
27. 12 -00482 Ordinance amending the FY 2012 Capital Improvement Budget adopted
by Ordinance No. 029135 to add Project No. E12070 Preliminary FEMA
Bayfront Firm Assessment; increasing revenues and expenditures in the
amount of $175,000 each; and declaring an emergency.
Attachments: Memo - FEMA1
Project map - Prelim FEMA Bayfront FIRM Assessment.pdf
Ordinance No. 1 - Preliminary FEMA Bayfront FIRM Assessment.docx
28. 12 -00484 Motion authorizing the City Manager, or designee, to execute a
Professional Services Contract with HDR Engineering, Inc. of Corpus
Christi, Texas in the amount of $168,312.00 for the Preliminary FEMA
Bayfront Flood Insurance Rate Maps Assessment project
Attachments: Memo - FEMA1
Project map - Prelim FEMA Bayfront FIRM Assessment.pdf
Contract - Prelim FEMA Bayfront FIRM Assessment. pdf
29. 12 -00451 Award of construction contract and amendments to professional
services contracts for Williams Drive phase 1 and 2 (Bond 2008)
(Related items 29 - 31)
Motion authorizing the City Manager, or designee, to execute a
Construction Contract with Reytec Construction Resources, Inc of Houston,
Texas in the amount of $17,714,384.10 for Williams Drive Phases 1 & 2
from Rodd Field to Nile Drive and Nile Drive to Airline Road for the Base
Bid and Additive Alternates No. 1 & 2. (Bond 2008).
Attachments: Memo - Williams
PROJECT BUDGET - Williams Dr.
Location Map - Williams
Powerpoint - Williams Dr
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Meeting Agenda - Final- revised July 17, 2012
30. 12 -00453 Motion authorizing the City Manager, or designee, to execute Amendment
No. 3 to a Contract for Professional Services with RVE, Inc. of Corpus
Christi, Texas in the amount of $85,160.00 for a restated fee of
$1,115,640.00 for Williams Drive Phase 1 from Rodd Field to Nile Drive
for TxDOT assistance, plan revisions, and additional construction
observation services. (Bond 2008).
Attachments: Memo - Williams
PROJECT BUDGET - Williams Dr.
Location Map - Williams
Williams St - Amendment 3
31. 12 -00454 Motion authorizing the City Manager, or designee, to execute Amendment
No. 1 to a Contract for Professional Services with Naismith Engineering,
Inc. of Corpus Christi, Texas in the amount of $126,540.00 for a restated
fee of $1,232,714.00 for Williams Drive Phase 2 from Nile Drive to Airline
Road for additional construction observation services. (Bond 2008).
Attachments: Memo - Williams
PROJECT BUDGET - Williams Dr.
Location Map - Williams
Williams Street - Amendment 1
FUTURE PUBLIC HEARING
32. 12 -00490 Amend Consolidated Annual Action Plan for Community
Development Block Grant project
Public hearing to consider a motion regarding an amendment to the 2005
and 2010 Consolidated Annual Action Plans (CAAP) approved by the U.S.
Department of Housing and Urban Development (HUD) to change the
location and scope of work for a FY05 and FY10 Community Development
Block Grant project for AVANCE; and to authorize the City Manager or
designee, following the conclusion of the public comment period required
by HUD, to amend the FY05 and FY10 CAAP, by changing the location
and scope of work for a Community Development Block Grant project for
AVANCE; and to execute all necessary documents with HUD and the
CAAP grantee as may be required to complete the project.
Attachments: Agenda memo - CAAP Amendments
Amendment - AVANCE.pdf
FUTURE CORPORATION MEETING
33. 12 -00488 Meeting of the Corpus Christi Housing and Finance Corporation
(CCHFCI
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City Council
Meeting Agenda - Final-revised July 17, 2012
1. Call meeting to order
2. Secretary Armando Chapa calls roll.
3. Approve minutes from Board meeting of February 28, 2012.
4. Treasurer's Report
5. Election of officers
6. Consider approval of an interim construction loan to CDG Housing
Corpus Christi, Ltd. in connection with the development of The Villas at
VVnodbend.
7. Consider a resolution authorizing the General Manager to designate a
person to act as his designee for executing documents of the CCHFC.
8. Public comment
9. Adjourn
Attachments: CCHFC Annual Board Meetinn-AGENDA.doux
Minutes CCHFC12'02
Financial Statement CCHFC May 31, 2012
Agenda memo CCHFC Board Meeting doux
Resolution CCHFC Board Meeting
P. UPDATES TO CITY COUNCIL: (ITEMS 34 - 35)
The following items are for Council's informational purposes only. No action will be taken
and no public comment will be solicited.
34. 12-00463 Bond Issue 2012 Project Recommendation
Attachments: Agenda Memo Bond 2012 Presentationdocx
Presentation - Bond 2012 Overview.ppt
35. 12-00507 Street Improvement Funding Recommendation
Attachments: Agenda memo Street Improvement Fundinq
PowerPoint Presentation Street Improvements
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Meeting Agenda - Final- revised July 17, 2012
Q. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED
ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE
END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT
PRESENTATIONS TO THREE MINUTES. 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.
R. CITY MANAGER'S COMMENTS:
Update on City Operations
S. ADJOURNMENT
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Corpus Christi
Meeting Minutes - Draft
City Council
1201 Leopard St
Corpus Christi, TX 78401
CCtexas.com
Tuesday, July 10, 2012
12:00 PM Council Chambers
A. Call meeting to order.
B. Invocation.
Mayor Adame called the meeting to order.
The invocation was delivered by Council Member David Loeb.
C. Pledge of Allegiance.
D. Roll Call.
The Pledge of Allegiance was led by Council Member Mark Scott.
City Secretary Chapa verified that the necessary quorum of the Council and the
required Charter Officers, City Manager Ron Olson, City Attorney Carlos Valdez
and City Secretary Armando Chapa were present to conduct the meeting.
Note: Council Member John Marez arrived at 12:05 pm.
Present: 7 - Mayor Joe Adame,Council Member Chris Adler,Council Member Priscilla
Leal,Council Member David Loeb,Council Member John Marez,Council
Member Nelda Martinez, and Council Member Mark Scott
Absent: 2 - Council Member Kelley Allen, and Council Member Larry Elizondo
E. Proclamations / Commendations:
"At Your Service" Award, City Employee Recognition
City Manager Ron Olson recognized the following City employees: Chris
Cisneros (Museum of Science & History); Brad Snyder (Snyder & Associates);
Gabriella Escamilla (Traffic Engineering); Mary Juarez (City Secretary's Office);
Olga Plomarity (Management & Budget); and Wendy Contreras (Management
Information Systems).
F. MINUTES:
1. Approval of Meeting Minutes - June 26, 2012.
A motion was made by Council Member Marez, seconded by Council Member
Leal to approve the minutes as presented and passed with the following vote:
Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott voting
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Meeting Minutes - Draft July 10, 2012
"Aye ".
I. CONSENT AGENDA: (ITEMS 2 -7)
Mayor Adame called for consideration of the Consent Agenda, Items 2 through
7. Council Members requested that Items 4 and 5 be pulled for individual
consideration and voted on separately. There were no comments from the
public and the remaining items were approved by one vote.
2. Service agreement for large diameter sanitary sewer line inspection &
cleaning
Motion approving a service agreement for large diameter sanitary sewer
line inspection and cleaning with Ace Pipe Cleaning, Inc., of Fort Worth,
TX, based on lowest responsible proposal, in accordance with Request
for Proposal No. BI- 0136 -12, fora total amount of $1,990,637.50. The
term of the agreement is one year with an option to extend for up to two
additional one -year periods subject to the approval of the service
provider and the city manager or designee. Funds are available in the
Wastewater Fund in FY11/12.
The foregoing motion was passed and approved with the following vote:
Aye: 7 - Mayor Adame, Council Member Adler, Council Member Leal, Council
Member Loeb, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Allen and Council Member Elizondo
Abstained: 0
Enactment No: M2012 -123
3. Amendments to contracts for air quality monitoring services
Resolution authorizing the City Manager, or designee, to execute
Amendment No. 2 to Interlocal Cooperation Agreement with Texas A & M
University Corpus Christi for the Pollution Partnership Alliance Clean
Fleet Program by adding $140,750.00 for cost reimbursements and
extending the term through August 31, 2013; authorizing the City
Manager, or designee, to execute Amendment No. 2 to Interlocal
Cooperation Agreement with the University of North Texas University for
Air Quality Monitoring and Modeling by adding $184,750.00 for costs
reimbursements and extending the term through August 31, 2013.
The foregoing resolution was passed and approved with the following vote:
Aye: 7 - Mayor Adame, Council Member Adler, Council Member Leal, Council
Member Loeb, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Allen and Council Member Elizondo
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Meeting Minutes - Draft July 10, 2012
6.
Abstained: 0
Enactment No: 029550
Motion authorizing the City Manager, or his designee, to execute a
Participation Agreement with Mostaghasi Investment Trust, Developer of
King's Point Unit 9, in the amount of $53,431.46 for the City's portion of
the cost of Maximus Drive and Queen Bess Drive abutting the linear park,
in accordance with the Unified Development Code. (BOND 2008)
The foregoing motion was passed and approved with the following vote:
Aye: 7 - Mayor Adame, Council Member Adler, Council Member Leal, Council
Member Loeb, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Allen and Council Member Elizondo
Abstained: 0
Enactment No: M2012 -125
7. Ordinance to consider adopting Unified Development Code Text
Amendments
Second Reading Ordinance - Amending the Corpus Christi Unified
Development Code (UDC) by revising Table 4.4.2. relating to permitted
uses; revising Table 4.4.3.B. relating to density, yards, and height;
revising Table 7.2.2.B. relating to the parking requirement for retail sales
and service uses; amending conflicting provisions of the City's
Comprehensive Plan; repealing conflicting ordinances; providing for
severance, penalties, publication and an effective date. (First Reading -
6/26/ 12)
The foregoing ordinance was passed and approved on second reading with
the following vote:
Aye: 7 - Mayor Adame, Council Member Adler, Council Member Leal, Council
Member Loeb, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Allen and Council Member Elizondo
Abstained: 0
Enactment No: 029552
4. Agreement to install parking lot and access road lighting for the Packery
Channel Boat Ramp project
Motion approving a Contribution -In- Aid -Of- Construction Agreement with
American Electric Power (AEP) in the amount of $129,813.44, for
installation of the Packery Channel Boat Ramp Parking Lot and Access
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Road Lighting. (BOND 2008)
The foregoing motion was passed and approved with the following vote:
Aye: 7 - Mayor Adame, Council Member Adler, Council Member Leal, Council
Member Loeb, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Allen and Council Member Elizondo
Abstained: 0
Enactment No: M2012 -124
5. Participation agreement to cover the City's cost for street construction
related to the future development of subdivision (Related Items 5 & 6)
Ordinance amending the FY 2012 Capital Improvement Budget adopted
by Ordinance No. 029135 for ST28- Developer Participation Line Item;
increasing expenditures in the amount of $53,431.46; and declaring an
emergency.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote:
Aye: 7 - Mayor Adame, Council Member Adler, Council Member Leal, Council
Member Loeb, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Allen and Council Member Elizondo
Abstained: 0
Enactment No: 029551
J. EXECUTIVE SESSION:
8.
Mayor Adame read Executive Session No. 8. The Council went into executive
session. The Council returned from executive session. Mayor Adame
announced that no action would be taken on the executive session.
Executive session pursuant to Section 551.071 of the Texas Government
Code for consultation with attorneys regarding fire collective bargaining
negotiations with possible discussion and action in open session.
The Executive Session was discussed.
K. PUBLIC HEARINGS: (ITEMS 9 - 13)
ZONING CASES
Mayor Adame referred to Item No. 9. Mark Van Vleck, Interim Director of
Development Services stated that this item is a change of zoning for property
located at 5409 Lipes. Mr. Van Vleck stated that a presentation was provided to
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the council at a previous council meeting under the Future Agenda section of
the agenda. A motion was made by Council Member Marez, seconded by
Council Member Loeb to open the public hearing and passed. There were no
comments from the audience. A motion was made by Council Member
Martinez, seconded by Council Member Adler to close the public hearing and
passed.
City Secretary Chapa stated that the ordinance posted on the agenda reflects
the Applicant's request. Mr. Chapa stated that the Planning Commission's and
Staffs recommendation is different and that an amendment to substitute the
ordinance would be necessary if the council concurs with the Planning
Commission and Staffs recommendation. A motion was made by Council
Member Scott, seconded by Council Member Leal to substitute the ordinance
and passed.
9. ORDINANCE
Ordinance amending the Unified Development Code (UDC), upon
application by Convent Academy of the Incarnate Word, by changing the
UDC Zoning Map in reference to the 41.32 acres out of Lots 5, 6, and 7,
Section 6, Flour Bluff and Encinal Farm and Garden Tracts, from the
"RS -4.5" Single - Family 4.5 District, "RS -6" Single - Family 6 District, and
"RM -1" Multifamily 1 District to the "RM -1" Multifamily 1 District on the
western fifteen (15) acres out of Lots 5 and 6, Section 6, Flour Bluff and
Encinal Farm and Garden Tracts, and to the "RS -6" Single - Family 6
District on the eastern 26.32 acres out of Lots 6 and 7, Section 6, Flour
Bluff and Encinal Farm and Garden Tracts; amending the Comprehensive
Plan to account for any deviations from the existing Comprehensive Plan;
providing for a repealer clause; providing a penalty; providing for
publication; and declaring an emergency.
An emergency was declared and the foregoing ordinance was passed and
approved as amended with the following vote:
Aye: 7 - Mayor Adame, Council Member Adler, Council Member Leal, Council
Member Loeb, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Allen and Council Member Elizondo
Abstained: 0
Enactment No: 029553
Mayor Adame referred to Item No. 10. Mark Van Vleck, Interim Director of
Development Services stated that this item changes the zoning from general
commercial to neighborhood commercial on property located at 2921 Airline
Road. Mr. Van Vleck stated that a presentation was provided to the Council at
a previous council meeting under the Future Agenda section of the agenda. A
motion was made by Council Member Martinez, seconded by Council Member
Scott to open the public hearing and passed. There were no comments from
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the audience. A motion was made by Council Member Martinez, seconded by
Councl Member Scott to close the public hearing and passed.
10. Change of zoning from general commercial to neighborhood commercial
on property located at 2921 Airline Road
Case No. 0512 -01: Saratoga Airline, LLC: A change of zoning from the
"CG -1" General Commercial District to the "CN -1" Neighborhood
Commercial District. The property to be rezoned is described as being
2.00 acres of land, more or less, out of Lot 3, Block 14, Brighton Village
Unit 2.
Planning Commission & Staff Recommendation (May 23, 2012):
Approval of the change of zoning from the "CG -1" General Commercial
District to the "CN -1" Neighborhood Commercial District.
ORDINANCE
Ordinance amending the Unified Development Code (UDC), upon
application by Saratoga Airline, LLC, by changing the UDC Zoning Map
in reference to 2.00 acres of land, more or less, out of Brighton Village
Unit 2, Block 14, Lot 3 from the "CG -1" General Commercial District to
the "CN -1" Neighborhood Commercial District; amending the
Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan; providing a repealer clause; providing a penalty;
providing for publication; and declaring an emergency.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote:
Aye: 7 - Mayor Adame, Council Member Adler, Council Member Leal, Council
Member Loeb, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Allen and Council Member Elizondo
Abstained: 0
Enactment No: 029554
Approval for Republic Services, Inc. to refund tax - exempt bonds for capital
improvements to City recycling center
Mayor Adame referred to Item No. 11. Oscar Martinez, Assistant City Manager
stated that this item is to refund tax exempt bonds for capital improvements to
the City Recycling Center. A motion was made by Council Member Martinez,
seconded by Council Member Scott to open the public hearing and passed.
Mayor Adame called for comments from the audience. There were no
comments. A motion was made by Council Member Martinez, seconded by
Council Member Scott to close the public hearing and passed.
11. Public Hearing and Resolution With Respect to Republic Services, Inc.
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Project Approving the Refunding of the Mission Economic Development
Corporation Solid Waste Disposal Revenue Bonds (Allied Waste North
America, Inc. Project) Series 2007A Bonds, and Authorizing the Mayor to
Execute Certificates Approving the Resolution.
The foregoing resolution was passed and approved with the following vote:
Aye: 7 - Mayor Adame, Council Member Adler, Council Member Leal, Council
Member Loeb, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Allen and Council Member Elizondo
Abstained: 0
Enactment No: 029555
Proposed FY 2012 -13 Operating Budget
12. Public hearing on the Proposed FY 2012 -2013 Operating Budget. This
budget will raise more total property taxes than last year's amended
budget by $1,880,999 (General Fund $1,254,000 and Debt Service Fund
$626,999), or 2.4 %, and of that amount an estimated $1,299,657 is tax
revenue to be raised from new property added to the tax roll this year.
Mayor Adame referred to Item No. 12. Margie Rose, Assistant City Manager
provide a review of the budget process and referred to a powerpoint
presentation and discussed the following: mission and mission elements,
employees, revenue, total expenditures by fund, general fund, 5 -year property
tax rates, general fund projected change in fund balance, internal
service /special revenue, internal service funds projected change in fund
balance, enterprise funds /debt service funds, enterprise funds projected
change in fund balance, potential budget amendments, and key dates.
A motion was made by Council Member Adler, seconded by Council Member
Scott to open the public hearing and passed. J.E. O'Brien spoke in support of
eliminating the commerical paper program, and opposes the 5% increase in
water rates, and suggested re- negotiating the industrial district agreements;
and Abel Alonzo thanked City Manager Ron Olson for showing transparency in
city government.
A motion was made by Council Member Martinez, seconded by Council
Member Scott to close the public hearing and passed.
Proposed FY 2012 -13 Capital Budget & Capital Improvement Planning Guide
13. Public Hearing on FY 2012 -2013 Proposed Capital Budget & Capital
Improvement Planning Guide
Mayor Adame referred to Item No. 13. Oscar Martinez, Assistant City Manager
provided an overview of the FY2012 -2013 Capital Improvement Planning Guide.
Mr. Martinez informed the Council that a presentation was provided to the
Council last week, but provided a review of the capital budget highlights, 2013
Funding Uses by Program; Revenues by Type; Program Expenditures; Utility
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Rates. He announced that the first reading of the ordinance is scheduled for
July 17th, and second reading and approval is scheduled for July 24th.
A motion was made by Council Member Adler, seconded by Council Member
Scott to open the public hearing and passed. Mayor Adame asked for
comments from the audience. J.E. O'Brien spoke in support of the $30 million
for street work, but stated that because of the huge ballot does not support a
bond election in November 2012. A motion was made by Council Member
Martinez, seconded by Council Member Scott to close the public hearing and
passed.
L. REGULAR AGENDA: (ITEMS 14 - 18)
Mayor Adame referred to Item No. 14. Michael Armstrong, Director of
Management Information Systems stated that this item is for a consultant
agreement to provide assistance for the PeopleSoft replacement. He stated
that a presentation was provided to the Council at a previous council meeting
under the Future Agenda section. Mayor Adame asked for comments from the
audience. There were no comments.
14. Consultant agreement to assist with replacing the City's financial and
human resources management software
Motion authorizing the City Manager or his designee to execute a
consultant agreement with Plante & Moran, PLLC of Southfield Michigan,
for $198,340, to provide Enterprise Resource Planning (ERP) System
Consultant services.
The foregoing motion was passed and approved with the following vote:
Aye: 7 - Mayor Adame, Council Member Adler, Council Member Leal, Council
Member Loeb, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Allen and Council Member Elizondo
Abstained: 0
Enactment No: M2012 -126
Mayor Adame referred to Items No. 15 and 16. Emily Martinez, Regional
Economic Development Corporation stated that this item provides a Type A
grant in the amount of $360,000 to Majek Boatworks to expand their boat
manfacturing facility and to retain and create full time jobs. Mayor Adame
asked for comments from the audience. There were no comments.
15. Appropriation of funds and approval of Type A grant for expansion of boat
manufacturing facility (Related Items 15 & 16)
Ordinance appropriating $360,000 from the unreserved fund balance in
the No. 1140 Business /Job Development Fund fora business incentive
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grant from the Corpus Christi Business and Job Development
Corporation ( "Type A Corporation ") to Majek Boatworks, Inc. and
Turner -Majek Real Estate, LLC ( "Majek ") for building improvements and
new equipment for an expansion of their boat manufacturing facility in
Corpus Christi and the creation and retention of jobs; Changing the FY
2011 -2012 operating budget, adopted by Ordinance No. 029155, by
increasing proposed expenditures by $360,000; and declaring an
emergency.
An emergency was declared and the foregoing ordinance was passed and
approved with the following vote:
Aye: 7 - Mayor Adame, Council Member Adler, Council Member Leal, Council
Member Loeb, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Allen and Council Member Elizondo
Abstained: 0
Enactment No: 029556
16. Resolution approving a Business Incentive Agreement for the creation
and retention of jobs between the Corpus Christi Business and Job
Development Corporation and Majek Boatworks, Inc. ( "Majek ") and
Turner -Majek Real Estate, LLC ( "Turner -Majek LLC"), which provides a
grant of up to $150,000, for expansion of their existing manufacturing
facilities within the city of Corpus Christi, in which Majek and
Turner -Majek LLC will invest at least $1,050,000 in building
improvements, furniture, fixtures, and equipment and will retain at least 24
current full -time jobs with an average annual salary of at least $24,300
over a five year period and the creation and maintenance of additional
full -time jobs with an average annual salary of at least $24,300 over a five
year period; approving a grant to Majek and Turner -Majek LLC of up to
$210,000 for the improvement of Saluki Street reserve to a dedicated
city street constructed to the Rodd Field Public Improvement District
street standards, and authorizing the City Manager, or designee, to
execute a Business Incentive Project Support Agreement with the Corpus
Christi Business and Job Development Corporation regarding
implementation and administration of the Majek and Turner -Majek LLC
Business Incentive Agreement for the creation and retention of jobs.
The foregoing resolution was passed and aprpoved with the following vote:
Aye: 7 - Mayor Adame, Council Member Adler, Council Member Leal, Council
Member Loeb, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Allen and Council Member Elizondo
Abstained: 0
Enactment No: 029557
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Mayor Adame referred to Items 17 and 18. Constance Sanchez, Director of
Financial Services stated that this item relates to the Issuance of Utility
Revenue Bonds. Ms. Sanchez added that this would allow the city to refund
Outstanding Revenue Bonds in the amount of $108 million, and also allow the
City to refund itself for the FY2012 Capital Improvement Program in the amount
of $60 million. Mayor Adame asked for comments from the audience. Abel
Alonzo thanked the department for their work on this project.
17. Issuance of new money and refunding of utility system secondary revenue
bonds
Motion authorizing the appointment of M. E. Allison, & Co., as Financial
Advisor for the City of Corpus Christi, Texas Utility System Junior Lien
Revenue and Refunding Bonds, Series 2012" in an amount not to exceed
$170,000,000.
The foregoing motion was passed and approved with the following vote:
Aye: 7 - Mayor Adame, Council Member Adler, Council Member Leal, Council
Member Loeb, Council Member Marez, Council Member Martinez and
Council Member Scott
Absent: 2 - Council Member Allen and Council Member Elizondo
Abstained: 0
Enactment No: M2012 -127
18. Ordinance authorizing the issuance of "City of Corpus Christi, Texas
Utility System Junior Lien Revenue and Refunding Bonds, Series 2012"
in an amount not to exceed $170,000,000; making provisions for the
payment and security thereof by a junior and inferior lien on and pledge of
the net revenues of the City's Utility System; prescribing the form, terms,
conditions, and resolving other matters incident and related to the
issuance, sale and delivery of the bonds; including the approval and
distribution of an Official Statement pertaining thereto; authorizing the
execution of a paying agent /registrar agreement, an escrow agreement,
and a purchase contract; 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
bonds; and providing an effective date.
An emergency was declared and the foregoing ordinance was passed and
aprpoved with the following vote:
Aye: 7 -
Mayor Adame, Council Member Adler, Council Member Leal, Council
Member Loeb, Council Member Marez, Council Member Martinez and
Council Member Scott
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Absent: 2 - Council Member Allen and Council Member Elizondo
Abstained: 0
Enactment No 029558
M. FIRST READING ORDINANCES: (NONE)
N. FUTURE AGENDA ITEMS: (ITEMS 19 - 28)
19.
Mayor Adame referred to the Future Agenda section, Items 19 through 28.
Mayor Adame stated that these items are for informational purposes only and
that no action or public comments would be taken at this time. Council
Members requested a presentation on Item No. 26.
Purchase of traffic signals and equipment
Motion approving the purchase of traffic signals and equipment from
Siemens Industry, Inc., Austin, Texas in accordance with Bid Invitation No.
BI- 0155 -12 based on lowest responsible bid for a total amount of
$55,750. Funds have been budgeted by Traffic Engineering in FY
2011 -2012.
This Motion was recommended by staff to the Consent Agenda.
20. Purchase of food items for Elderly Nutrition Program
Motion approving supply agreements with the following companies for the
following amounts in accordance with the Coastal Bend Council of
Governments Bid Invitation No. CBCOG -12 -3 for food items which
include canned and frozen fruit and vegetables; meats and condiments,
for an estimated six month expenditure of $194,522.94 of which
$32,420.49 is required for the remainder of FY 2011 -2012 . The terms of
the contracts shall be for six months with options to extend for up to three
additional months, subject to the approval of the Coastal Bend Council of
Governments, the suppliers, and the City Manager or designee. Funds
are available through the Meals on Wheels Grant.
LaBatt Food Service
Corpus Christi, Texas
162 Line Items
$91,102.80
Grand Total: $194,522.94
Performance Food Group
Victoria, Texas
99 Line Items
$103,420.14
This Motion was recommended by staff to the Consent Agenda.
21. Purchase of replacement vacuum truck for Wastewater department
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Motion approving the purchase of one (1) vacuum truck from Houston
Freightliner, Inc., Houston, Texas for a total amount of $303,976.14. The
award is based on the cooperative purchasing agreement with the
Houston - Galveston Area Council of Governments (H -GAC). The unit is a
replacement to the fleet and will be used by the Wastewater Department.
Funding is available in the FY 2011 -2012 Capital Outlay Budget of the
Wastewater System Fund.
This Motion was recommended by staff to the Consent Agenda.
22. Supply agreement for conversion of fleet vehicles from gasoline to
compressed natural gas (CNG)
Motion approving a supply agreement with Natural Gas Vehicles Texas,
Inc., Dallas, Texas for the conversion and up- fitting of ten (10) vehicles
from gasoline fuel to compressed natural gas (CNG) in accordance with
Bid Invitation No. BI- 0163 -12 based on lowest responsible bid for an
estimated annual expenditure of $98,600. The term of the agreement will
be for twelve months with options to extend for up to two additional
twelve -month periods, subject to the approval of the supplier and the City
Manager, or designee. Funds are available in the Gas Grant Fund No.
1053, Gas Fund, Maintenance Service Reserve for Fleet Replacement
Fund and Storm Water Fund.
This Motion was recommended by staff to the Consent Agenda.
23. Service agreement to provide portable chemical toilets
Motion approving a service agreement with Skid -O -Kan Company,
Corpus Christi, Texas for portable chemical toilets in accordance with Bid
Invitation No. BI- 0148 -12, based on lowest responsible bid, for a total
estimated annual expenditure of $61,411.50 of which $5,117.63 is
required for the remainder of FY 2011 -2012. The term of the agreement
shall be for twelve (12) months with options to extend for up to two (2)
additional twelve -month periods, subject to the approval of the supplier
and the City Manager or designee. Funds have been budgeted by the
using Departments in FY 2011- 2012.
This Motion was recommended by staff to the Consent Agenda.
24. Service agreement to provide dumpster containers for using City
departments
Motion approving a service agreement with CC Disposal Service,
Corpus Christi, Texas for dumpster route collection in accordance with
Bid Invitation No. BI- 0161 -12, based on lowest responsible bid, for a total
estimated annual expenditure of $89,088.00 of which $7,424.00 is
required for the remainder of FY 2011 -2012. The term of the agreement
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shall be for twelve (12) months with options to extend for up to two (2)
additional twelve -month periods, subject to the approval of the supplier
and the City Manager or designee. Funds have been budgeted by the
using Departments in FY 2011- 2012.
This Motion was recommended by staff to the Consent Agenda.
25. Lease renewal for Tejas Bowman Archery Club on property located off of
McKinzie Road and Allison Drive
Ordinance authorizing the City Manager, or designee, to execute a
five -year lease agreement with Tejas Bowmen Archery Club for the use of
City property near Allison Wastewater Treatment Plant off of McKenzie
Road, to maintain and operate an archery range; and declaration of
emergency.
This Emergency Ordinance was recommended by staff to the Consent Agenda.
26. Amendment to professional services contract to elevate and redesign
Corpus Christi Beach bath house
Motion authorizing the City Manager, or designee, to execute
Amendment No. 2 to a Contract for Professional Services with Chuck
Anastos Associates, LLC. of Corpus Christi, Texas in the amount of
$49,699.00 for a total re- stated fee of $99,524.00 for the Corpus Christi
Beach New Bath House (Bond 2008).
This Motion was recommended by staff to the Regular Agenda.
27. Construction contract for sports field improvements to Bill Witt and
Botsford Parks
Motion authorizing the City Manager, or designee, to execute a
Construction Contract with Lowman Land Improvements of Orange
Grove, Texas for the Bill Witt and Botsford Park Improvements project in
the amount of $237,401.95 for the Base Bid (Bond 2008 Project - Sports
Field Improvements).
This Motion was recommended by staff to the Consent Agenda.
28. Professional services contract for architect/engineering services for
wastewater service line repair
Motion authorizing the City Manager, or designee, to execute a Contract
for Professional Services with Engineering Construction Management
Services (ECMS) of Corpus Christi, Texas in the amount of $60,400.00
for the Wastewater Service Line Repair and Clean -out Installation and
Manhole Ring Cover Adjustment Program FY2012 for construction
inspection services.
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This Motion was recommended by staff to the Consent Agenda.
O. UPDATES TO CITY COUNCIL: (ITEM 29)
29. Golf Course Annual Report
Mayor Adame referred to Item No. 29, Golf Course Annual Report. Mike Morris,
Director of Parks and Recreation provided a presentation and discussed the
privatization timeline; revenues and expenditures; course conditions; customer
satisfaction; and 2012 Goals.
P. PUBLIC COMMENT.
Mayor Adame referred to Public Comments. Jack Gordy spoke about citations
issued by code enforcement regarding political signs (runoff elections), and
permits for political signs; Carolyn Moon also spoke about a citation issued by
code enforcement regarding political signs; Priscilla Leal spoke about the
Firefighter negotiations; Lane Burman spoke about the fire that occurred
Coastal Haven Senior Apartments and thanked the firefighters for their work in
putting out the fire; Carlos Torres spoke about the resolution passed by the
Council on June 26, and the current contract;and Abel Alonzo spoke about
firefighter negotiations.
Q. CITY MANAGER'S COMMENTS:
There were no City Manager comments.
Update on City Operations
R. ADJOURNMENT
There being no further business to come before the Council, Mayor Adame
adjourned the meeting at 2:30 pm.
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a. BUILDING CODE BOARD OF APPEALS — Four vacancies with terms to 5 -04 -14
representing the following: 2 — Building Industry, 1- Engineer, and 1 — Not connected with
Building Industry.
DUTIES: To hear appeals for variances to the Building Code. Owners may appeal by filing
written notice on form provided by the Building Official and payment of $265 fee. The board
may vary the application of any provision of the Building Code to any particular case where in
its opinion the enforcement of the Code would do manifest injustice, and would be contrary to
the spirit and purpose of the Code or public interest, or when in its opinion the interpretation of
the Building Official should be modified or reversed. The Board must specify the manners,
conditions, and reason for the variation. Either party may appeal the Board's decisions to the
City Council.
COMPOSITION: Seven (7) members appointed by the City Council for two -year staggered
terms. It must include an architect, a general contractor, an engineer, three (3) members at large
from the building industry, and one member not connected with the building industry. Quorum
shall require four (4) members.
MEMBERS
*****Bill Ewing, Jr. (Building Industry)
*****Cliff Atnip (Not Conn W/Bldg. Ind.), Chair
John R. Dykema, Jr. (Architect), Co -Chair
*Ricardo Martinez (Engineer)
Mike Lippincott (Gen. Cont.)
*John Kendall (Building Industry)
Chris Hamilton (Building Industry)
Legend:
* Seeking reappointment
* *Not seeking reappointment
***Resigned
****Exceeded number of absences allowed by ordinance
*****Has met six -year service limitation
TERMS
5 -04 -12
5 -04 -12
5 -04 -13
5 -04 -12
5 -04 -13
5 -04 -12
5 -04 -13
ORIGINAL
APPTD. DATES
8 -21 -07
5 -17 -05
8 -21 -07
12 -9 -08
8 -21 -07
12 -9 -08
7 -21 -09
(The Building Code Board of Appeals is recommending the reappointments of Ricardo
Martinez (Engineer) and John Kendall (Building Industry). They are also recommending the
new appointments of Ray Jones (Building Industry) and Vincent Doyle (Not Connected
w/Building Industry).
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS. NO.
NAME THIS TERM PRESENT
John Kendall (Building Ind.) 2 2
Ricardo Martinez (Engineer) 2 2
% OF ATTENDANCE
LAST TERM YEAR
100%
100%
OTHER INDIVIDUALS EXPRESSING INTEREST:
Gene Clancy Design Resource Manager of Construction Engineering,
Susser Holdings /Stripes LLC. Attended some college.
Activities include: former Zoning Board of Adjustments
member. (Building Industry) (4/12/12)
Vincent Doyle Retired, Corpus Christi Army Depot. Received Trade
School Vocational Certification and Associates Degree
from Camden County College, New Jersey. (Not
Connected with Building Industry) (4/12/11)
Debbie Ehlen Executive Director, Associated General Contractors South
Texas Chapter. Twenty -five years corporate experience
including Financial Controls, Administration,
Apprenticeship Grant Program, Building and Contract
Management. Twenty years Executive level non - profit
experience. Activities include: Texas Building Branch,
Del Mar College Advisory Committee, Chamber of
Commerce Infrastructure Committee, Mayor's Interagency
Committee as Construction Industry advisor, CCISD
Selection Committee for building schools, liaison for the
CC Regional Economic Development Corp., and
Professional Women's Association. (Building Industry)
(3/07/12)
Randy Farrar
Joseph C. Hammitt, Jr.
Lee R. Hassman
Owner/Homebuilder /Professional Home Inspector,
Miramar Homes & Randy Farrar Inspection Services.
Received a BBA in Accounting from Texas A &M
University. State of Texas Certified Public Accountant.
Activities include: former member Sister City Oversight
Committee. (Building Industry) (5/2/11)
Owner/Principal Manager, Diverse Design Solutions.
Received a BS in Mechanical Engineering from Rice
University, Houston, TX. Registered P.E. in State of
Texas. Activities include: American Society of Heating,
Refrigeration & Air Conditioning Engineers, So. Tx.
Chapter, U.S. Green Building Council, Coastal Bend
Branch, Wilson Elementary School Parent Teachers
Association. (Building Industry) (Engineer) (4/12/12)
Managing Partner/Realtor, Tropical Realtor. Manages
office, sells commercial and residential real estate.
Certified and specializes in short sales, as well as custom
home building and commercial building through Harbor
Homes II. (Building Industry) (3/19/12)
Ray Jones
Ben Molina
Randy Schnettler
Matt Teifke, Jr.
Jesse Valle
David Wallace
Project Manager, Fulton Construction. Received a BBA
from Corpus Christi State University. Construction
industry experienced since 1977. Activities include: South
Texas Associated General Contractors, First United
Methodist Church. (Building Industry) (6/19/12)
General Manager, both Apex Engineers & Consultants and
Pinnacle Roofing Systems. Licensed Mold Assessment
Consultant and familiar with building codes and AutoCAD.
Activities include: Young Business Professionals, Habitat
for Humanity, Corpus Christi "40 under 40" — 2011
recipient, former member Zoning Board of Adjustment.
(Building Industry) (3/7/12)
Sales, South Texas Steel Services. Attended Houston
Community College — 2 years. Has 20 years experience in
the oil and gas industry, and former Commercial Builder
also. Activities include: Neighborhood clean -up
involvement, attends Bay Area Fellowship. (Building
Industry) (2/6/12)
Realtor, Garron Dean & Associates Realtors. Currently 3rd
year student at Texas A &M University — Corpus Christi,
with History major, Social Work minor. Activities include:
Big Brothers/Big Sisters of South Texas. (Not Connected
with Building Industry) (4/27/12)
Production Manager, Chuck Anastos & Assoc. Architects.
Attended Del Mar College. Former commercial plans
examiner for the City of Corpus Christi. Has extensive
knowledge of The International and Southern Building
Codes. (Building Industry) (5/27/11)
Real Estate Broker /Owner, Selncc, Inc. dba Windward
Properties. Received a BA in PhotoJournalism from
Stephen F. Austin University. Licensed Real Estate Broker
in Corpus Christi for past 30 years. (Building Industry)
(03/19/12)
b. CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION — One
vacancy to fill unexpired term to 12- 31 -12, representing the City of Corpus Christi.
DUTIES: To perform as an advisory board to the City Council and to investigate and
recommend to the Council such projects as in its opinion would be advantageous to the future
growth of the City and to assist the City in the establishment and location of industries.
COMPOSITION: Fifteen (15) directors, four (4) directors appointed by the City Council for
three -year staggered terms and one (1) director (Council Member) appointed by the Mayor of the
City of Corpus Christi. The remainder of the Board shall be comprised of not more than seven
(7) persons elected by the Corporation's membership in accordance with its bylaws, two (2)
appointed by the Port; the Mayor shall also serve as an ex- officio, voting director. The City
Manager and Port Director shall serve as ex- officio, non - voting members. The directors shall
serve not more than two, consecutive, three -year terms staggered as provided in the
Corporation's bylaws; provided that the term of office of any director who is a public official
shall coincide with his or her term of public office.
MEMBERS
Charlie Hicks (Membership), Chair
Art Granado (City)
Sam Beecroft (City)
***Leon Leob (City)
Willard H. Hammonds II (City)
Chris N. Adler (Mayor Appt)
Rep. Judy Hawley (Port Authority)
Mike Carrell (Port Authority)
Dennis Payne (Membership)
Elizabeth Chu Richter (Membership)
Tony LaMantia (Membership)
Sandra Alvarez (Membership)
Steve Woener(Membership)
Garry Bradford (Membership)
Mayor Joe Adame
Port Director John LaRue
City Manager Ronald L. Olson
TERM
12 -31 -13
12 -31 -12
12 -31 -14
12 -31 -12
12 -31 -13
Term of Office (Voting)
12 -31 -10
12 -31 -11
12 -31 -11
12 -31 -12
12 -31 -11
12 -31 -12
12 -31 -13
12 -31 -11
Term of office, Voting
Ex- Officio, NonVoting
Ex- Officio, Nonvoting
Legend:
* Seeking reappointment
* *Not seeking reappointment
***Resigned
****Exceeded number of absences allowed by ordinance
*****Has met six -year service limitation
ORIGINAL
APPTD. DATE
12 -15 -09
12 -09 -08
09 -11 -07
12 -14 -10
05 -19 -09
(The Corpus Christi Regional Economic Development Corporation is recommending the new
appointment of Edward A. Martin to fill the vacancy to 12- 31 -12.)
INDIVIDUALS EXPRESSING INTEREST:
James "Jim" Abram
Richard Bell
Beth Kingsbury
Edward A. Martin
Ben Molina
Anthony John Mulheron
Curtis A. Rock
Self- employed, Air Traffic Control Consultant. Received
B.S. in Aeronautics and M.S. in Aviation Management.
(4/14/11)
Controller, United Energy Logistics. Received a Master of
Accountancy degree from Texas A &M University- Corpus
Christi. Activities include: Governor's Regional Emerging
Technology Fund selection board, Corpus Christi Yacht
Club, Corpus Christi Sunrise Rotary Club, Coastal Bend
Business Plan Competition Committee, and Founding
Director of Coastal Bend Business Innovation Center
(2009 - 2011). (6/21/12)
Assistant Marketing Manager, HDR Engineering, Inc.
Received BBA in Marketing from Texas A &M University -
College Station and MBA from Texas A &M University-
Corpus Christi. Activities Include: Nueces County A &M
Club, Literacy Council, Lector Coordinator at St. Philip the
Apostle, and Leadership Corpus Christi. (1/7/11)
President & CEO, Berry GP, Inc. Received Master's
degree in Public Administration. Former City Council
Member, former member of C.C. Business Alliance,
Chamber of Commerce and C. C. Regional Economic
Development Corporation. (5/30/12)
General Manager, both Apex Engineers & Consultants and
Pinnacle Roofing Systems. Activities include: Young
Business Professionals, Habitat for Humanity, Corpus
Christi "40 under 40" — 2011 recipient, former member
Zoning Board of Adjustment. (3/7/12)
Quality Control Inspector, L3. Owner, AJM Tactical.
Attends Liberty University Online. Activities include:
Wounded Warrior. (5/2/11)
Business Development Manager, Rock Engineering &
Testing Laboratory. Received Bachelors of Business
Administration from Texas A &M University — Corpus
Christi. Activities include: Leadership Corpus Christi
Chairman Class XL; TAMU -CC National Alumni Board
Member; and Chairman of the Transportation Advisory
Committee. Received the "Person of the Year" Award from
Corpus Christi 40 Under 40. (Willing to resign from the
Transportation Advisory Committee if appointed) (8/12/11)
Rick Sowash
Marsha Williams
Real Estate Appraiser, Tasador, Inc. Received BS in
Business from Indiana University at Bloomington.
Activities include: Designated Member Appraisal Institute -
SRA. (5/3/11)
Realtor, Re/Max Metro Properties. Received B.A. in
Business from Texas A & I University Kingsville. Past
Chairman of Corpus Christi Association of Realtors.
Active member of the Kiwanis Club and the Re/Max
Lifetime Hall of Fame. (6/8/11)
c. LIBRARY BOARD — One vacancy representing a La Retama Club nominee with term to
11- 05 -12. (Since the term is expiring 11- 05 -12, Staff is recommending appointment to a new
2-year term to 11- 05 -14.)
DUTIES: The committee shall be advisory to the City Council and its duties shall be to
investigate and recommend to the Council matters relating to library services.
COMPOSITION: Nine (9) members, seven (7) members shall be appointed for two -year terms
by the City Council, one (1) member shall be nominated by the La Retama Club, and one (1)
shall be nominated by the Friends of the Corpus Christi Public Libraries Board for a term of two -
years. Each nominee must be confirmed by a majority of City Council Members.
MEMBERS
Mary Jane Garza
Lawrence Jordan
Catherine MacLachlan
Dr. Stuart Elovitz
Paul Altheide
John B. Keys
Michael Flores, Chair
***Ella Wall Prichard, La Retama Club
Natalie Rogen, Friends of C.C. Libraries
Sue Stanford
Legend:
* Seeking reappointment
* *Not seeking reappointment
***Resigned
****Exceeded number of absences allowed by ordinance
*****Has met six -year service limitation
TERM
11 -05 -13
11 -05 -13
11 -05 -13
11 -05 -12
11 -05 -13
11 -05 -13
11 -05 -12
11 -05 -12
11 -05 -12
Honorary, non - voting
ORIGINAL
APPTD. DATE
12 -08 -09
2 -10 -09
8 -23 -11
2 -10 -09
11 -08 -11
12 -8 -09
5 -13 -08
11 -09 -10
2 -10 -09
1 -17 -03
(The Library Board is recommending the new appointment of Roberta Sewell to fill the
category of La Retama Club nominee.)
INDIVIDUALS EXPRESSING INTEREST:
Roberta Sewell
President, La Retama Club and Retired CCISD Children's
Librarian. Received a BS in Education from the University
of Texas, Austin, a MS in Education from Corpus Christi
State University, and certification in Library Science from
Sam Houston State University. Activities include:
volunteers with Timmons Ministries, St. Mark's Episcopal
Church, Cliff Maus Village, Oak Park's Summer
Enrichment Program, and former Junior League and
Charity League member. (La Retama Club nominee)
(6/14/12)
d. OIL AND GAS ADVISORY COMMITTEE — Two vacancies with terms to 12- 31 -14, one
representing the Oil Industry, one the General Public. (The board has a policy of requesting the
appointment of the Alternate member to the vacant positions and a new person fills the
Alternate positions.) (Mayoral appointment subject to Council confirmation)
DUTIES: The committee shall make a continuing study of operations for the exploration,
drilling, and production of oil, gas and minerals and the possible effects of same upon the
environment, public health, safety and general welfare of the City.
COMPOSITION: Eight (8) persons who are residents of Corpus Christi: three (3) members
from the oil and gas well industry; three (3) members from the general public who are not
connected with the oil and gas well industry; and two (2) alternates: one (1) from the general
public to serve in the absence of a public members, and one (1) from the industry to serve
whenever an industry member is absent. Public members shall be appointed by the Mayor with
approval of the Council; industry members shall be appointed by the Mayor with approval of the
Council from those persons nominated by the oil and gas well industry. Members are appointed
for three -year terms ending December 31, and may succeed themselves. Meetings are called by
the Chairman or any three (3) members of the Committee within specified time limits. Four
members constitute a quorum. The committee annually elects its own chairman and vice
chairman. Members receive no compensation for their services.
MEMBERS
Patrick Mccullough (Oil Industry)
Tom Fisher (General Public)
Gerald Rogen General Public)
* *Robert E. Powell (General Public)
*****Glen Cooper (Oil Industry)
John Cantu (Oil Industry), Chair
Gary J. Meurer (Alt, General Public)
Paul Grivich (Alt., Oil Industry)
Legend:
* Seeking reappointment
* *Not seeking reappointment
***Resigned
****Exceeded number of absences allowed by ordinance
*****Has met six -year service limitation
TERM
12 -31 -12
12 -31 -13
12 -31 -12
12 -31 -11
12 -31 -11
12 -31 -13
12 -31 -13
12 -31 -13
ORIGINAL
APPTD. DATE
7 -20 -10
5 -29 -07
7 -20 -10
12 -9 -08
12 -14 -04
9 -12 -06
4 -12 -11
4 -12 -11
(The Oil and Gas Advisory Committee is recommending the realignment of Gary J. Meurer to
General Public and Paul Grivich to Oil Industry and the new appointment of William Perry
Moffitt to Oil Industry Alternate, and Randy Schnettler to General Public Alternate.)
INDIVIDUALS EXPRESSING INTEREST:
William Perry Moffitt
Randy Schnettler
President, Moffitt & Associates, Inc. Holds a BBA in
Petroleum Land Management from the University of Texas
at Austin. Certified Professional Landman since 1986.
Activities include: American Association of Professional
Landmen (AAPL), Corpus Christi APL, Gulf Coast Boy
Scout Council, Driscoll Children's Hospital Development
Board, Ray HS Texan Football Booster Club, Cathedral
Parish member. (Oil Industry) (7/6/12)
Sales, South Texas Steel Services. Attended Houston
Community College — 2 years. Has prior experience in the
oilfield and former Commercial Builder also. Activities
include: Neighborhood clean -up involvement, attends Bay
Area Fellowship. (General Public) (2/6/12)
e. PLANNING COMMISSION — Four vacancies with terms to 7 -31 -13 and 7- 31 -15.
DUTIES: To make and amend a master plan for the physical development of the City; to
recommend to the City Council approval or disapproval of proposed changes in the zoning plan;
to exercise control over platting or subdividing land within the corporate limits of the city and
within an area extending five miles beyond the City limits; to submit annually to the City
Manager not less than 90 days prior to the beginning of the budget year a list of recommended
capital improvements which in the opinion of the commission are necessary or desirable during
the forthcoming 5 year period; to require information from other departments of the City
government in relation to its work; to be responsible to and act as an advisory body to the City
Council and to perform such additional duties and exercise such additional powers as may be
prescribed by ordinance of the City Council.
COMPOSITION: Nine (9) members which shall consist of nine registered voters of the City
appointed by the City Council. Elects its own chairman from among its membership at the first
regular meeting in August of each year.
ORIGINAL
MEMBERS TERM APPTD. DATE
Mark Adame 7 -31 -14 7 -08 -08
*****Rudy Garza, Chair 7 -31 -12 2 -22 -05
Marco Castillo 7 -31 -14 7 -12 -11
Gabriel Guerra 7 -31 -14 7 -12 -11
A. Javier Huerta, Vice -Chair 7 -31 -13 7 -26 -05
* * ** *John C. Tamez 7 -31 -12 8 -22 -06
* * * * *Evon J. Kelly 7 -31 -12 7 -11 -06
Govind B. Nadkarni 7 -31 -13 7 -10 -07
** *John S. Taylor 7 -31 -13 2 -24 -09
Legend:
* Seeking reappointment
* *Not seeking reappointment
***Deceased 5/6/2012
* ** *Exceeded number of absences allowed by ordinance
*****Has met six -year service limitation
(The Planning Commission is recommending the new appointments of Fred Braselton, Chris
Hamilton, Mike Lippincott, and Rick Sowash)
INDIVIDUALS EXPRESSING INTEREST:
Fred Braselton
President, Braselton Homes. Received a B.S. in Industrial
Management from Georgia Tech University. Former U.S.
Army Captain. Activities include: Corpus Christi Builders
Association, YMCA, Coastal Bend Fellowship of Christian
Athletes, Yorktown Baptist Church. Former member of
Electrical Advisory Board, Planning Commission,
Transportation Advisory Board, Down Syndrome
Awareness Group. (5/17/12)
Gene Clancy Design Resource Manager of Construction Engineering,
Susser Holdings /Stripes LLC. Attended some college.
Activities include: former Zoning Board of Adjustments
member. (4/12/12)
Coretta Graham Self- Employed, Attorney. Activities include: Junior
League; Leadership Corpus Christi Alumni; Corpus Christi
Chamber 40 under 40; BoldFuture; NAACP; Delta Sigma
Theta CC Alumnae Chapter. (9/06/11)
Chris Hamilton President, KJM Commercial, Inc. Received a B.S. in
Construction Science from Texas A &M University —
College Station. Activities include: Associated General
Contractors BOD, Building Code Board of Appeals.
(Willing to resign from Building Code BOA if appointed)
(5/01/12)
Lee Hassman
Mike Lippincott
Jason M. McDonel
Ben Molina
Managing Partner, Tropical Realtor. Manages office, sells
commercial and residential real estate. Certified and
specializes in short sales, as well as custom home building
and commercial building through Harbor Homes II.
(3/19/12)
Vice - President, Fulton Construction. Received a B.S. in
Construction Science from Texas A &M University —
College Station. Activities include: Dioceses of Corpus
Christi Building Committee, So. Texas Associated General
Contractors (AGC), Spirit Centers BOD, IWA School
Board, Texas Building Branch of AGC Legislative BOD.
(Willing to resign from Building Code BOA if appointed)
(6/28/12)
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.
(12/15/11)
General Manager, both Apex Engineers & Consultants and
Pinnacle Roofing Systems. Licensed Mold Assessment
Consultant and familiar with building codes and AutoCAD.
Activities include: Young Business Professionals, Habitat
for Humanity, Corpus Christi "40 under 40" — 2011
recipient, former member Zoning Board of Adjustment.
(3/7/12)
Joel Mumphord
Orlando Ortiz, P.E.
Philip John Ramirez, AIA
Curtis A. Rock
Lyle Smitson
Rick Sowash
Retired, Encycle, Inc. Served in Law Enforcement.
Activities include: Host of T.V. Show, Community Action
Agency, Molina Neighborhood Day Care, HIALCO
President. (4/28/11)
Owner /Orlando Ortiz, Principal Engineer and Windstorm
Engineer. Received a B.S. in Civil Engineering from the
University of Texas at Austin. Registered Texas
Professional Engineer, and Windstorm Certified by Texas
Department of Insurance. Activities include: American
Society of Civil Engineers, Texas Society of Professional
Engineers, Society of Hispanic Professional Engineers, and
National Society of Collegiate Scholars. (7/02/12)
Principal Architect/Corp. President, Turner + Ramirez &
Associates. Received Bachelor of Architecture from
University of Texas at Austin. AIA and LEED Accredited
Professional. Activities include: C.C. Hispanic Chamber
of Commerce BOD, CCHCC Mano a Mano Scholarship
Program Co- Chair, BBVA Compass Bank, Business
Development Director, TAMUCC Business Innovation
Cntr Advisory Cmtee., Mayor's Advisory Committee on
Community Pride Chair, Destination Bayfront, DMD
Building Facade Improvement Sub - Cmtee. Former C.C.
Bold Future, C.C. Under 40 Recipient- CC Chamber, and
CC Downtown Redevelopment Cmtee. (Willing to resign
from the Advisory Committee on Community Pride if
appointed) (7/5/12)
Business Development Manager, Rock Engineering &
Testing Laboratory. Received Bachelors of Business
Administration from Texas A &M University — Corpus
Christi. Activities include: Leadership Corpus Christi
Chairman Class XL; TAMU -CC National Alumni Board
Member; and Chairman of the Transportation Advisory
Committee. Received the "Person of the Year" Award from
Corpus Christi 40 Under 40. (Willing to resign from the
Transportation Advisory Committee if appointed) (8/12/11)
Owner, All Texas Communications. Served in the United
States Air Force. Received BS in Business Administration
from Cal State University at Los Angeles, California.
Electrical Engineer and Commercial Builder. (4/27/11)
Real Estate Appraiser, Tasador, Inc. Received BS in
Business from Indiana University at Bloomington.
Activities include: Designated Member Appraisal Institute -
SRA. (5/3/11)
Jodi Steen
Craig B. Thompson, P.E.
Theunis A. Voorkamp
Marsha Williams
President, IRS Ventures, Inc./Newport Custom Homes.
Received BBA in Finance and Marketing. Graduate of
Leadership Corpus Christi. Currently Serves on the Corpus
Christi Community Improvement Corporation/Loan
Review Committee. Activities include: Art Museum of
South Texas. Formerly Served on Builders Association of
Corpus Christi. (Willing to resign from CCCIC Loan
Review Committee if appointed) (3/08/12)
Project Engineer /Vice - President, Naismith Engineering,
Inc. Received B.S. in Civil Engineering from Texas A &M
University - College Station. Activities include: American
Society of Civil Engineers (local branch & Texas section),
Furman Avenue Block Association, and former member of
the Landmark Commission. (6/26/12)
Broker/Managing Partner /Owner, Corpus Christi Excel
Properties Inc./Nueces Tax Relief /TAVCO Construction.
Retired Merchant Marine Captain, graduate of the U.S.
Merchant Marine Academy. Licensed Real Estate Broker,
Licensed Property Tax Consultant, and Registered
Arbitrator with State of Texas. Activities include: Texas
Assn. of Property Tax Professionals, National Association
of Realtors, and Texas Real Estate Commission. (3/19/12)
Realtor, Re/Max Metro Properties. Received B.A. in
Business from Texas A & I University Kingsville. Past
Chairman of Corpus Christi Association of Realtors. Active
member of the Kiwanis Club and the Re/Max Lifetime Hall
of Fame. (6/8/11)
f WATER RESOURCES ADVISORY COMMITTEE — Two vacancies with terms to 4 -01 -14
representing 1 — Apartment Owners Association, 1 — Port Industries Representative. (Mayoral
appointment subject to Council confirmation)
DUTIES: To advise the City Council, City Manager and Water Superintendent in matters of
water resources management. The City Council, City Manager and Water Superintendent may
refer matters to the committee to obtain their views.
COMPOSITION: Nine (9) members appointed by the Mayor with the approval of the Council
for two -year staggered terms. The members shall include 1 - residential customer (home owner)
of the City's water system; 1 - large commercial customer of the City water system, 1 -
wholesale raw or treated water customer of the City's regional water supply system, 1 -
representative of the Port Industries of Corpus Christi, 1 - representative of a school district
located within the city, 1- representative of a military facility, 1 - representative of
landscaping /nursery /horticulture interest; 1 - representative of apartment owners associations and
1 - citizen at large. In addition, the Mayor may appoint one or two Council member(s) to serve
as ex- officio member(s).
ORIGINAL
MEMBERS TERM APPTD. DATE
Don Roach (Wholesale Treated) 4 -01 -13 9 -22 -09
Jeff Edmonds (Residential Cust.) Chair 4 -01 -13 3 -11 -08
Michael Cox (Lg. Commercial) 4 -01 -13 3 -20 -07
*Vacant (Port Industries) 4 -01 -14
Scott Kucera (School District) 4 -01 -14 4 -10 -12
Donald K. Zimmerman (Military Facility) 4 -01 -13 4 -12 -11
Michael Potter (Landscaping) 4 -01 -14 8 -31 -10
*Vacant (Apt. Owners Assn.) 4 -01 -14
Lucia I. Sosa (Citizen at Large) 4 -01 -14 4 -10 -12
Council Member Larry Elizondo Ex- officio, non - voting 9 -22 -09
Council Member Mark Scott Ex- officio, non - voting 9 -22 -09
Legend:
*Vacant seat
INDIVIDUALS EXPRESSING INTEREST:
Robert Kunkel
Paula E. Stanley
Lead Operations Planner, LyondellBasell. Received a B.S.
in Chemical Engineering from the University of Texas at
Austin. Industry representative to Region N Water
Planning Group since 1998. Activities include:
coach /referee, Great Western Soccer League, Messiah
Lutheran Church youth group leader. (Port Industries
Rep.) (6/13/12)
Regional Supervisor, Asset Plus Companies. Holds State
of Texas Real Estate License, along with Designations of
Certified Apartment Manager (CAM), Certified Apartment
Supervisor (CAPS), and Certified Occupancy Specialist
(COS) with National Center for Housing Management.
Activities include: Corpus Christi Apartment Association
active member, former BOD President. (Apartment
Owners Assn.) (5/3/12)
AGENDA MEMORANDUM
for the City Council Meeting of July 17, 2012
DATE: 7/17/2012
TO: Ronald L. Olson, City Manager
FROM: Michael Barrera, Assistant Director of Financial Services
(361) 826 -3169
m ikeb(a cctexas. corn
Daniel Biles, P.E., Director of Engineering Services
(361) 826 -3729
danb(c�cctexas. corn ,
Purchase of Traffic Signals and Equipment
CAPTION:
Motion approving the purchase of traffic signals and equipment from Siemens Industry, Inc., Austin,
Texas in accordance with Bid Invitation No. BI- 0155 -12 based on lowest responsible bid for a total
amount of $55,750. Funds have been budgeted by Traffic Engineering in FY 2011 -2012.
BACKGROUND AND FINDINGS:
The traffic signal equipment will be used by Traffic Engineering to monitor and control traffic signals at
signalized intersections. The equipment will be used as needed throughout the City for backup,
replacement or upgrades for existing equipment that is at the end of its life cycle.
ALTERNATIVES:
Not applicable.
OTHER CONSIDERATIONS:
Not applicable.
CONFORMITY TO CITY POLICY:
This purchase conforms to all City purchasing policies and procedures and State statutes regulating
procurement.
EMERGENCY / NON - EMERGENCY:
Not applicable.
DEPARTMENTAL CLEARANCES:
Engineering
FINANCIAL IMPACT:
Fiscal Year: 2011 -2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
$269,979.00
$0.00
$269,979.00
Encumbered /
Expended Amount
$202,269.84
$0.00
$202,269.84
This item
$55,750.00
$0.00
$55,750.00
BALANCE
$11,959.16
$0.00
$11,959.16
Fund(s): General Fund No. 1020.
Comments:
RECOMMENDATION:
Staff recommends approval of the motion as presented.
LIST OF SUPPORTING DOCUMENTS:
Bid Tabulation
Approvals: Veronica Ocanas, Assistant City Attorney
Daniel Biles, P.E., Director of Engineering Services
Constance Sanchez, Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Margie C. Rose, Assistant City Manager
CITY OF CORPUS CHRISTI
TRAFFIC SIGNALS AND EQUIPMENT
BUYER: GABRIEL MALDONADO
DATE: JULY 17, 2012
BID TABULATION
PURCHASING DIVISION
BI- 0155 -12
Siemens ITS
Austin, Texas
Paradigm Traffic Systems
Arlington, Texas
ITEM
DESCRIPTION
QTY
UNIT
EXTENDED
UNIT PRICE PRICE
EXTENDED
UNIT PRICE PRICE
Siemens Eagle EPAC M -50 Traffic
Controller with Data Port & Multimode
Fiber ModulesS -2 Type 2, w /Ethernet
Port & Multimode Fiber Module in
accordance with Spec. No. 1227.
2. NEMA TS -2 Traffic Controller Cabinet
in accordance with Specification No.
1250.
5
5
Each $1,850.00 $9,250.00
NO BID
Each $9,300.00 $46,500.00 $11,392.00 $56,960.00
TOTAL AMOUNT: $55,750.00
AGENDA MEMORANDUM
for the City Council Meeting of July 17, 2012
DATE: 7/17/2012
TO: Ronald L. Olson, City Manager
FROM: Michael Barrera, Assistant Director of Financial Services
m ikebcctexas. corn
361- 826 -3169
Michael Morris, Director of Park and Recreation
michaelmocctexas.com
361- 826 -3464
Food Items for Senior Community Services
(CBCOG -12 -3)
CAPTION:
Motion approving supply agreements with the following companies for the following amounts in
accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -12 -3 for food
items which include canned and frozen fruit and vegetables; meats and condiments, for an estimated
six month expenditure of $194,522.94 of which $32,420.49 is required for the remainder of FY 2011-
2012. The terms of the contracts shall be for six months with options to extend for up to three
additional months, subject to the approval of the Coastal Bend Council of Governments, the
suppliers, and the City Manager or designee. Funds are available through the Meals on Wheels
Grant.
LaBatt Food Service
Corpus Christi, Texas
162 Line Items
$91,102.80
Performance Food Group
Victoria, Texas
99 Line Items
$103,420.14
Grand Total: $194,522.94
BACKGROUND AND FINDINGS:
Each year the City receives funds from State and Federal grants. Several grants are structured to
support the elderly in the community.
These food items will be used by Senior Community Services for the Elderly Nutrition Program. The
food is prepared at the Senior Community Service Kitchen and served at the Senior Citizen Centers
and also delivered to households throughout the City. Approximately 125,932 meals will be prepared
and served over the six month contract period.
This award is a cooperative effort between the City of Corpus Christi and the following members of
the Coastal Bend Council of Governments; Community Action Corporation of South Texas, Nueces
County Senior Community Services, Refugio County Elderly Services, City of Corpus Christi, Bee
Community Action Agency, Aransas Council of Aging, Kleberg County Human Services, Duval
County Elderly Program, and Live Oak County Elderly Program.
ALTERNATIVES:
The bids submitted by LaBatt Food Service and Performance Food Group meet all of the City's bid
requirements.
OTHER CONSIDERATIONS:
Not applicable.
CONFORMITY TO CITY POLICY:
This supply agreement conforms to City purchasing policies and procedures and State statutes
regulating procurement.
EMERGENCY / NON- EMERGENCY:
Not applicable.
DEPARTMENTAL CLEARANCES:
Park and Recreation
FINANCIAL IMPACT: Operating Expense
Fiscal Year: 2011-
2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
$0.00
$361,549.00
$162,102.45
$523,651.45
Encumbered /
Expended Amount
$0.00
$232,423.24
$0.00
$232,423.24
This item
$0.00
$32,420.49
$162,102.45
$194,522.94
BALANCE
$0.00
$96,705.27
$0.00
$96,705.27
Fund(s): Parks and Recreation Grants
Comments:
RECOMMENDATION:
Staff recommends approval of the motion as presented.
LIST OF SUPPORTING DOCUMENTS:
Award Summary attached
Approvals: Veronica Ocanas, Assistant City Attorney
Michael Morris, Director of Park and Recreation
Constance P. Sanchez, Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Margie C. Rose, Assistant City Manager
COUNCIL OF GOVERNMENTS - STAPLES, MEAT & OTHER FROZEN FOODS
SENIOR COMMUNITY SERVICES
COUNCIL DATE: JULY 17, 2012
Award Summary: CBCOG -12 -3
LABATT FOOD SERVICE
Corpus Christi, Texas
One hundered and sixty -two (162) line items consisting of canned fruit, dried
fruit, canned vegetables, canned meat, condiments, dressing, juices
oil & shortening, relishes, soup & bases, spices, starches and pasta,
sugar & products, miscellaneous, beef, poultry, frozen vegetables,
breads, dairy,
Performance Food Group
Victoria, Texas
Ninety -nine (99) line items consisting of canned fruit, canned vegetables
dried vegetables, canned meat, condiments, dressing, relishes, soup & bases,
spices, starches and pasta, sugar & products, miscellaneous, beef, pork,
poultry, prepared products, frozen vegetables, breads, dairy
$91,102.80
$103,420.14
Grand Total: $194,522.94
AGENDA MEMORANDUM
for the City Council Meeting of July 17, 2012
DATE: 7/17/2012
TO: Ronald L. Olson, City Manager
FROM: Michael Barrera, Assistant Director of Financial Services
(361) 826 -3169
m ikeb(a�cctexas. corn
Foster Crowell, Director of Wastewater Operations
(361) 857 -1801
fosterc@cctexas. corn
Vacuum Truck for Wastewater Department
CAPTION:
Motion approving the purchase of one (1) vacuum truck from Houston Freightliner, Inc., Houston,
Texas for a total amount of $303,976.14. The award is based on the cooperative purchasing
agreement with the Houston - Galveston Area Council of Governments (H -GAC). The unit is a
replacement to the fleet and will be used by the Wastewater Department. Funding is available in the
FY 2011 -2012 Capital Outlay Budget of the Wastewater System Fund.
BACKGROUND AND FINDINGS:
The vacuum truck will be used by the Wastewater Department to clean and maintain 1,250 miles of
wastewater collection main lines, 6" and larger in diameter. The vacuum truck will be delivered to the
City in the summer of 2012. Local manufacturers' dealers — Corpus Christi Freightliner and
Waukesha- Pearce Industries, Inc. will provide warranty support service.
ALTERNATIVES:
Not applicable.
OTHER CONSIDERATIONS:
The replacement unit has been in service more than eight years.
CONFORMITY TO CITY POLICY:
This purchase conforms to all City purchasing policies and procedures and State statutes regulating
procurement.
EMERGENCY /NON- EMERGENCY:
Not applicable.
DEPARTMENTAL CLEARANCES:
Wastewater Department
FINANCIAL IMPACT:
Fiscal Year: 2011 -2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
$304,576.14
0.00
$304,576.14
Encumbered /
Expended Amount
$0.00
0.00
0.00
This item
$303,976.14
0.00
$303,976.14
BALANCE
$600.00
0.00
$600.00
Fund(s): Wastewater System Fund
Comments:
RECOMMENDATION:
Staff recommends approval of the motion as presented.
LIST OF SUPPORTING DOCUMENTS:
Price Sheet attached.
Approvals: Veronica Ocanas, Assistant City Attorney
Foster Crowell, Director of Wastewater Operations
Constance Sanchez, Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Margie C. Rose, Assistant City Manager
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER - GABRIEL MALDONADO
COUNCIL DATE: July 17, 2012
ITEM DESCRIPTION
QTY.
PRICE SHEET
VACUUM TRUCK
HGAC CONTRACT: HT11 -09 & SC01 -10
UNIT
Houston Freightliner
Houston, Texas
Unit
Price
1. Freightliner 114SD Cab and Chassis with
VAC -ALL AJV 1215 Sewer Cleaning
Vacuum Body.
Wastewater Department
1
Each
$303,976.14
Extended
Price
$303,976.14
Award Total $303,976.14
AGENDA MEMORANDUM
for the City Council Meeting of July 17, 2012
DATE: 7/17/2012
TO: Ronald L. Olson, City Manager
FROM: Michael Barrera, Assistant Director of Financial Services
(361) 826 -3169
m ikeb(a�cctexas. corn
Debbie Marroquin, Director of Gas Operations
(361) 853 -0377
debbiem (c�cctexas. corn
CNG Conversion and Up- Fitting
CAPTION:
Motion approving a supply agreement with Natural Gas Vehicles Texas, Inc., Dallas, Texas for the
conversion and up- fitting of ten (10) vehicles from gasoline fuel to compressed natural gas (CNG) in
accordance with Bid Invitation No. BI- 0163 -12 based on lowest responsible bid for an estimated
annual expenditure of $98,600. The term of the agreement will be for twelve months with options to
extend for up to two additional twelve -month periods, subject to the approval of the supplier and the
City Manager, or designee. Funds are available in the Gas Grant Fund No. 1053, Gas Fund,
Maintenance Service Reserve for Fleet Replacement Fund and Storm Water Fund.
BACKGROUND AND FINDINGS:
The City of Corpus Christi has received a grant for the conversion and up- fitting of vehicles from
gasoline fuel to CNG. Five F150 work trucks, four cargo vans and one F350 service truck will be
converted under this contract. Approximately 50% ($5,000) of the cost to covert each vehicle will be
funded by a grant. The remainder ($4,860) will be funded by the City. The payback to recoup the
City's cost of each CNG conversion is achieved in year 2 of service. The Tire Depot, a local facility in
Corpus Christi, will handle all CNG up- fitting and related repairs for Natural Gas Vehicles Texas, Inc.
ALTERNATIVES:
Not applicable.
OTHER CONSIDERATIONS:
Not applicable.
CONFORMITY TO CITY POLICY:
This purchase conforms to City purchasing policies and procedures and State statutes regulating
procurement.
EMERGENCY /NON- EMERGENCY:
Not applicable.
DEPARTMENTAL CLEARANCES:
Gas Department, Maintenance Services, Wastewater and Storm Water
FINANCIAL IMPACT:
Fiscal Year: 2011 -2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
$495,169.43
$0.00
$495,169.43
Encumbered /
Expended Amount
$106,229.70
$0.00
$106,229.70
This item
$98,600.00
$0.00
$98,600.00
BALANCE
$290,339.73
$0.00
$290,339.73
Fund(s): Gas Grant Fund No. 1053, Gas Fund No. 4130, Maintenance Service Reserve for Fleet
Replacement Fund No. 5110 and Storm Water Fund No. 4300
Comments:
RECOMMENDATION:
Staff recommends approval of the motion as presented.
LIST OF SUPPORTING DOCUMENTS:
Bid Tabulation
Approvals: Veronica Ocanas, Assistant City Attorney
Debbie Marroquin, Director of Gas Operations
Constance Sanchez, Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Margie C. Rose, Assistant City Manager
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
BUYER: GABRIEL MALDONADO
COUNCIL DATE: JULY 17, 2012
BID INVITATION NO: BI- 0163 -12
CNG VEHICLE UP- FITTING
TOTAL:
$98,600.00
$124,188.00
$65,200.00
Incomplete Bid
Natural Gas Vehicles Texas Inc
Dallas, Texas
CNG -NGV Solutions INC
Houston, Texas
Cleanfuel Conversions
Austin, Texas
Item
Description
Qty.
Unit
Unit
Price
Extended
Price
Unit
Price
Extended
Price
Unit
Price
Extended
Price
1
2
3
Ford F -150 Pickup 2011 - 5.0
Liter Engine - Storm Water &
Wastewater Department
Ford E -250 Cargo Van 2012 -
5.4 Liter Engine -
Wastewater Department
Ford F -350 Crew Cab, Service
Body w/ Canopy Top 2012 -
6.2 Liter Engine -
Gas Department
5
4
1
each
each
each
$9,860.00
9,860.00
9,860.00
$49,300.00
$39,440.00
$9,860.00
$11,298.00
13,850.00
12,298.00
$56,490.00
$55,400.00
$12,298.00
10,800.00
11,200.00
$54,000.00
NO BID
$11,200.00
TOTAL:
$98,600.00
$124,188.00
$65,200.00
Incomplete Bid
AGENDA MEMORANDUM
for the City Council Meeting of July 17, 2012
DATE: 7/17/2012
TO: Ronald L. Olson, City Manager
FROM: Michael Barrera, Assistant Director of Financial Services
(361) 826 -3169
m ikeb(a�cctexas. corn
Michael Morris, Director of Parks and Recreation
(361) 826 -3464
m i ch ae l m o (a� cctexa s .corm
Portable Chemical Toilets
CAPTION:
Motion approving a service agreement with Skid -O -Kan Company, Corpus Christi, Texas for portable
chemical toilets in accordance with Bid Invitation No. BI- 0148 -12, based on lowest responsible bid, for
a total estimated annual expenditure of $61,411.50 of which $5,117.63 is required for the remainder
of FY 2011 -2012. The term of the agreement shall be for twelve (12) months with options to extend
for up to two (2) additional twelve -month periods, subject to the approval of the supplier and the City
Manager or designee. Funds have been budgeted by the using Departments in FY 2011- 2012.
BACKGROUND AND FINDINGS:
This service agreement will be utilized by the Gas, Parks & Recreation, Police, Water, Street and
Solid Waste Departments to provide portable chemical toilet service at the beach, construction sites,
special event locations, and other areas where toilets are not available.
ALTERNATIVES:
Not applicable.
OTHER CONSIDERATIONS:
Not applicable.
CONFORMITY TO CITY POLICY:
This purchase conforms to the City's purchasing policies and procedures and State statutes
regulating procurement.
EMERGENCY /NON- EMERGENCY:
Non - emergency.
DEPARTMENTAL CLEARANCES:
Gas, Parks & Recreation, Police, Water, Street, and Solid Waste Departments
FINANCIAL IMPACT:
Fiscal Year: 2011-
2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
$392,024.96
$56,293.87
$448,318.83
Encumbered /
Expended Amount
$386,907.33
0
$386,907.33
This item
$5,117.63
$56,293.87
$61,411.50
BALANCE
0
0
Fund(s): General Fund, Water Fund, Gas Fund
RECOMMENDATION:
Staff recommends approval of the motion as presented.
LIST OF SUPPORTING DOCUMENTS:
Bid Tabulation
Approvals: Veronica Ocanas, Assistant City Attorney
Michael Morris, Director of Parks and Recreation
Constance Sanchez, Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Margie C. Rose, Assistant City Manager
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: GERALD GOODWIN
BID TABULATION
BID INVITATION NO. BI- 0148 -12
PORTABLE CHEMICAL TOILET SERVICE
ITEM
DESCRIPTION
QTY
UNIT
SKID -O -KAN CO.
CORPUS CHRISTI, TX
TEXAS THRONE, LLC (3)
PORTLAND, TX
UNIT
PRICE
EXTENDED
PRICE
UNIT
PRICE
EXTENDED
PRICE
Group I - City Service (1)
$24,000.00
$24,000.00
1.1
Portable Toilet
18
Monthly Rate
$94.50
$1,701.00
$100.00
$1,800.00
1.2
Portable Toilet
3
Weekly Rate
62.50
187.50
40.00
120.00
1.3
Portable Toilet
2
Daily Rate
60.00
120.00
30.00
60.00
Weekend/
Special Event
1.4
Portable Toilet
10
Rate
60.00
600.00
60.00
600.00
2.1
Wheelchair Accessible Toilet
1
Monthly Rate
140.00
140.00
115.00
115.00
2.2
Wheelchair Accessible Toilet
1
Weekly Rate
85.00
85.00
55.00
55.00
2.3
Wheelchair Accessible Toilet
1
Daily Rate
65.00
65.00
35.00
35.00
Weekend/
Special Event
2.4
Wheelchair Accessible Toilet
3
Rate
115.00
345.00
75.00
225.00
Group II - Beach Service (2)
Service Cost per Portable
3.1
Toilet
3054
Service Trip
12.25
37,411.50
Portable Toilet Serviced
(3) 3.1
Once/Week
96
Monthly Rate
105.00
10,080.00
Portable Toilet Serviced
(3) 3.1
Twice/Week
248
Monthly Rate
125.00
31,000.00
Portable Toilet Serviced Six
(3) 3.1
Times/Week
20
Monthly Rate
215.00
4,300.00
TOTAL:
$61,411.50 (3) $69,380.00
(1) The City estimates it will spend approximately $24,000 annually for Group I service.
These units are ordered as needed and are routinely used at construction sites and /or during holiday events s
The quantities shown are used for evaluation purposes only.
The actual quantities needed are dependent on the number of jobs /holiday events scheduled throughout the y
(2) Group II units are serviced one, two, or six days per week depending on the location of the unit and the time o
During the spring and summer months, units are serviced more frequently due to the higher utilization rate.
(3) Vendor submitted alternate bid: Monthly rental rates including service were provided instead of service cost pE
toilet as requested.
PORTABLE CHEMICAL TOILET SERVICE AGREEMENT
Service Agreement No.
THIS Portable Chemical Toilet Service Agreement (this "Agreement ") is entered into by and
between Skid -O -Kan Company (the "Contractor ") and the City of Corpus Christi, a Texas home -rule
municipal corporation (the "City "), by and through its duly authorized City Manager or designee ( "City
Manager'), effective for all purposes upon execution by the City Manager.
WHEREAS Contractor has proposed to provide Portable Chemical Toilet Service in response
to Bid Invitation No. BI- 0148 -12 (which includes Additional Instructions To Bidders On Portable
Chemical Toilet Service) which is incorporated and attached as Exhibit A;
WHEREAS the City has determined Contractor to be the lowest responsible bidder;
NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows:
1. Services. Contractor will provide Portable Chemical Toilet Service in accordance with Bid
Invitation No. BI- 0148 -12 (which includes Additional Instructions To Bidders On Portable Chemical
Toilet Service).
2. Term. This Agreement is for twelve (12) months from notification by the City to the
contractor to commence. The term includes an option to extend for up to two (2) additional twelve -month
periods subject to the approval of the Contractor and the City Manager, or designee.
3. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this Agreement including
deductions for non - performance and authorizations for payment. All of the Contractor's notices or
communications regarding this Agreement must be directed to the Contract Administrator, which are:
Gas Department 885 -6929 Assistant Director (David Flores)
Parks & Recreation 826 -1930 Park Supervisor (Ray Curran)
Police 886 -2616 Maintenance & Operations Manager (Aaron Rios)
Solid Waste 537 -0953 Brush Superintendent (Tony Benavidez)
Wastewater 857 -1803 Administrative Manager (Margaret Castaneda)
Water 826 -1861 Work Coordinator (Israel Perez)
Street 826 -1942 Sr. Management Assistant (Vickee Soliz)
Parks & Recreation 815 -3217 Beach Operations Supervisor (Todd Jensen)
4. Independent Contractor. Contractor will perform the services hereunder as an
independent contractor and will furnish such services in its own manner and method, and under no
circumstances or conditions may any agent, servant or employee of the Contractor be considered an
employee of the City.
5. Insurance. Before activities can begin under this Agreement, the Contractor's
insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance
coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must
state that the Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of
5. Insurance. Before activities can begin under this Agreement, the Contractor's
insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance
coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must
state that the Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of
cancellation, material change in the coverages or intent not to renew any of the policies. The City must be
named as an Additional Insured. The City Attorney must be given copies of all insurance policies within
15 days of the City Manager's written request.
6. Assignment. No assignment of this Agreement or any right or interest therein by the
Contractor is effective unless the City first gives its written consent to such assignment. The performance
of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold
consent to such assignment is within the sole discretion of the City on any ground whatsoever.
7. Fiscal Year. All parties recognize that the continuation of any contract after the close of
any fiscal year of the City (the City's fiscal year ends on July 31st), is subject to appropriations and budget
approval providing for covering such contract item as an expenditure in said budget. The City does not
represent that said budget item will be actually adopted as that determination is within the sole discretion
of the City Council at the time of adoption of each budget.
8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid
Invitation No. BI- 0148 -12 (which includes Additional Instructions To Bidders On Portable Chemical
Toilet Service), or the Contractor's bid offer to Bid Invitation No. BI- 0148 -12 waives any subsequent
breach of the same.
9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local
laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law
for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such
disputes is the appropriate district, county or justice court in and for Nueces County, Texas.
10. Subcontractors. The Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior
written approval from the Contract Administrator. In using subcontractors, the Contractor is
responsible for all their acts and omissions to the same extent as if the subcontractor and its employees
were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to
all subcontractors and their employees to the same extent as if the Contractor and its employees had
performed the services.
11. Amendments. This Agreement may be amended only by written Agreement duly
authorized by the parties hereto and signed by the parties.
12. Termination. The City Manager may terminate this Agreement for Contractor's failure to
perform the services specified in Bid Invitation No. BI- 0148 -12 (which includes Additional
Instructions To Bidders On Portable Chemical Toilet Service). Failure to keep all insurance policies
and performance bonds in force for the entire term of this Agreement is grounds for termination. The
Contract Administrator must give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may
terminate this Agreement immediately thereafter.
Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to
the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours' written
notice to the Contractor for failure to'pay or provide proof of payment of taxes as set out herein.
13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes,
unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide,
Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of
payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this
Agreement upon ninety (90) days' written notice to the City.
14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy.
15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy.
16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is
received on the day faxed or hand - delivered and on the third day after deposit in the U.S. mail if sent
certified mail. Notice shall be sent as follows:
IF TO CITY:
City of Corpus Christi
Attention: Gerald Goodwin, Buyer
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
IF TO CONTRACTOR:
Contractor
Contact
Address:
City, State,
Skid -O -Kan Company
Thomas Davis Jr.
P.O. Box 1126
Corpus Christi
Tx 78403-
17. Month -to -Month Extension. If the City has not completed the procurement process and
awarded a new Agreement upon expiration of the original contract period or any extension period, the
Contractor shall continue to provide goods /services under this Agreement, at the most current price under
the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months. This
Agreement automatically expires on the effective date of a new contract.
18, Severability. Each provision of the Agreement shall be considered to be severable and, if,
for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any
existing or future applicable law, such invalidity shall not impair the operation of or affect those portions
of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if
the invalid or unenforceable provision or part thereof had been omitted.
19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD
HARMLESS AND DEFEND THE CITY OF CORPUS. CHRISTI AND ITS OFFICERS,
EMPLOYEES AND AGENTS ( "INDEMNITEES ") FROM AND. AGAINST ANY AND ALL
LIABILITY, LOSS, . CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY
NATURE ON ACCOUNT. OF DEATH, PERSONAL INJURIES, PROPERTY LOSS. OR
DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF
• LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH
ARISE OR ARE CLAIMED. TO ARISE OUT OF OR IN CONNECTION WITH THIS
AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF
WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO
BE CAUSED BY THE CONCURRENT . OR CONTRIBUTING NEGLIGENCE OF
INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED
WITH THE FAULT OF ANY OTHER. PERSON OR GROUP. CONTRACTOR MUST; AT ITS
OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR
SETTLEMENT OR . OTHER DISPOSITION, DEFEND ALL •ACTIONS • BASED THEREON
WITH COUNSEL REASONABLY SATISFACTORY TO . INDEMNITEES AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND
ARISING FROM ANY OF. SAID LIABILITY, DAMAGE, LOSS, • CLAIMS, DEMANDS OR
ACTIONS. THE INDEMNIFICATION • OBLIGATIONS OF CONTRACTOR UNDER THIS
SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS
AGREEMENT.
SIGNED this 16th day of April , 2012
Contractor Skid -O -Kan Company
Thomas Davis Jr.
Title: Vice - President
CITY OF CORPUS CHRISTI ( "CITY")
Michael Barrera Date
Assistant Director of Financial Services
APPROVED THIS
DAY OF , 20�
Incorporated by Reference:
Exhibit A: Bid Invitation No. BI- 0148 -12 and Attachment I — Service Agreement
Exhibit B: Bidder's Bid
AGENDA MEMORANDUM
for the City Council Meeting of July 17, 2012
DATE: 7/17/2012
TO: Ronald L. Olson, City Manager
FROM: Michael Barrera, Assistant Director of Financial Services
(361) 826 -3169
m ikeb(a7cctexas. corn
Lawrence Mikolajczyk, Director of Solid Waste Operations
(361) 826 -1972
lawm(a�cctexas.com
Dumpster Route Collection
CAPTION:
Motion approving a service agreement with CC Disposal Service, Corpus Christi, Texas for dumpster
route collection in accordance with Bid Invitation No. BI- 0161 -12, based on lowest responsible bid, for
a total estimated annual expenditure of $89,088.00 of which $7,424.00 is required for the remainder
of FY 2011 -2012. The term of the agreement shall be for twelve (12) months with options to extend
for up to two (2) additional twelve -month periods, subject to the approval of the supplier and the City
Manager or designee. Funds have been budgeted by the using Departments in FY 2011- 2012.
BACKGROUND AND FINDINGS:
The service agreement for dumpster route collection will consist of providing and servicing thirty -three
(33) containers, ranging in size from two (2) to eight (8) cubic yards. The scheduled service
frequency of the containers ranges from one (1) to six (6) times per week, depending upon the
amount of refuse generated at each City facility. Solid Waste Operations does not provide this type of
service due to the lack of necessary equipment. This contract will be administered by Solid Waste
Operations.
ALTERNATIVES:
Not applicable.
OTHER CONSIDERATIONS:
Not applicable.
CONFORMITY TO CITY POLICY:
This purchase conforms to the City's purchasing policies and procedures and State statutes
regulating procurement.
EMERGENCY /NON- EMERGENCY:
Non - emergency.
DEPARTMENTAL CLEARANCES:
Police, Street, Health, Library, Museum, Water, Wastewater, Gas, Airport, Marina, Finance, General
Services, Parks & Recreation.
FINANCIAL IMPACT:
Fiscal Year: 2011-
2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
$1,211,682.33
$81,664.00
$1,293,346.33
Encumbered /
Expended Amount
$1,002,448.41
0
$1,002,448.41
This item
$7,424.00
$81,664.00
$89,088.00
BALANCE
$201,809.92
$201,809.92
Fund(s): General Fund, Airport Fund, Stores Fund, Water Fund, Marina Fund, Gas Fund, Wastewater
System Fund, Maintenance Service Fund, and Parks and Recreation Grants.
RECOMMENDATION:
Staff recommends approval of the motion as presented.
LIST OF SUPPORTING DOCUMENTS:
Bid Tabulation
Approvals: Veronica Ocanas, Assistant City Attorney
Lawrence Mikolajczyk, Director of Solid Waste Operations
Constance Sanchez, Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Margie C. Rose, Assistant City Manager
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: GERALD GOODWIN
BID INVITATION NO. BI- 0161 -12
DUMPSTER ROUTE COLLECTION SERVICE
BID TABULATION
ITEM
DESCRIPTION
QTY.
CC DISPOSAL
CORPUS CHRISTI,
UNIT
PRICE
SERVICE
TEXAS
TOTAL
MONTHS
ANNUAL
COST
1.0
2 CU. YD. CONTAINERS:
1.1
Serviced once per week
0
$60.00
$0.00
12
$0.00
1.2
Serviced twice per week
4
90.00
360.00
12
4,320.00
1.3
Serviced three times per week
0
120.00
0.00
12
0.00
1.4
Non - scheduled service per container
50.00
2.0
4 CU. YD. CONTAINERS:
2.1
Serviced once per week
5
85.00
425.00
12
5,100.00
2.2
Serviced twice per week
7
150.00
1,050.00
12
12,600.00
2.3
Serviced three times per week
1
230.50
230.50
12
2,766.00
2.4
Non - scheduled service per container
60.00
3.0
4 CU. YD. LOCKABLE CONTAINERS:
3.1
Serviced once per week
0
85.00
0.00
12
0.00
3.2
Serviced twice per week
0
150.00
0.00
12
0.00
3.3
Serviced three times per week
2
230.50
461.00
12
5,532.00
3.4
Non - scheduled service per container
60.00
4.0
6 CU. YD. CONTAINERS:
4.1
Serviced once per week
0
115.00
0.00
12
0.00
4.2
Serviced twice per week
3
215.00
645.00
12
7,740.00
4.3
Serviced three times per week
3
308.25
924.75
12
11,097.00
4.4
Serviced five times per week
2
513.75
1,027.50
12
12,330.00
4.5
Non - scheduled service per container
80.00
5.0
6 CU. YD. LOCKABLE CONTAINERS:
5.1
Serviced once per week
0
115.00
0.00
12
0.00
5.2
Serviced twice per week
0
215.00
0.00
12
0.00
5.3
Serviced three times per week
1
308.25
308.25
12
3,699.00
5.4
Serviced five times per week
0
513.75
0.00
12
0.00
5.5
Non - scheduled service per container
80.00
6.0
8 CU. YD. CONTAINERS:
6.1
Serviced once per week
0
140.00
0.00
12
0.00
6.2
Serviced twice per week
3
274.00
822.00
12
9,864.00
6.3
Serviced three times per week
1
395.00
395.00
12
4,740.00
6.4
Serviced five times per week
0
631.00
0.00
12
0.00
6.5
Serviced six times per week
1
775.00
775.00
12
9,300.00
6.6
Non - scheduled service per container
80.00
TOTAL: 33
REPUBLIC SERVICES
CORPUS CHRISTI, TEXAS
UNIT
PRICE TOTAL
MONTHS
ANNUAL
COST
$37.15
74.30
111.45
50.00
74.30
148.60
222.90
60.00
74.30
148.60
222.90
60.00
111.45
222.90
334.37
557.27
70.00
111.45
222.90
334.37
557.27
70.00
148.60
297.21
445.82
743.03
891.63
80.00
$0.00
297.20
0.00
371.50
1,040.20
222.90
0.00
0.00
445.80
0.00
668.70
1,003.11
1,114.54
0.00
0.00
334.37
0.00
0.00
891.63
445.82
0.00
891.63
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
12
$0.00
3,566.40
0.00
4,458.00
12, 482.40
2,674.80
0.00
0.00
5,349.60
0.00
8,024.40
12, 037.32
13, 374.48
0.00
0.00
4,012.44
0.00
0.00
10, 699.56
5,349.84
0.00
10, 699.56
TOTAL: $89,088.00 TOTAL: $92,728.80
DUMPSTER ROUTE COLLECTION SERVICE AGREEMENT
Service Agreement No.
THIS Dumpster Route Collection Service Agreement (this "Agreement ") is entered into by
and between CC Disposal Service (the "Contractor ") and .the City of Corpus Christi, a Texas home -rule
municipal corporation (the "City "), by and through its duly authorized City Manager or designee ( "City
Manager"), effective for all purposes upon execution by the City Manager.
WHEREAS Contractor has proposed to provide Dumpster Route Collection Service in
response to Bid Invitation No. BI- 0161 -12 (which includes Specification No. 1169, dated 03/26/08)
which is incorporated and attached as Exhibit A;
WHEREAS the City has determined Contractor to be the lowest responsible bidder;
NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows:
1. Services. Contractor will provide Dumpster Route Collection Service in accordance with
Bid Invitation No. BI- 0161 -12 (which includes Specification No. 1169, dated 03/26/08).
2. Term. This Agreement is for twelve (12) months from notification by the City to the
contractor to commence. The term includes an option to extend for up to two (2) additional twelve -month
periods subject to the approval of the Contractor and the City Manager, or designee.
3. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this Agreement including
deductions for non - performance and authorizations for payment. All of the Contractor's notices or
communications regarding this Agreement must be directed to the Contract Ad ministrator, who is the
Director of Solid Waste Operations.
4. Independent Contractor. Contractor will perform the services hereunder as an
independent contractor and will furnish such services in its own manner and method, and under no
circumstances or conditions may any agent, servant or employee of the Contractor be considered an
employee of the City.
5. Insurance. Before activities can begin under this Agreement, the Contractor's
insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance
coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must
state that the Contract Administrator will be given at least thirty (30) days' notice, by certified mail, of
cancellation, material change in the coverages or intent not to renew any of the policies. The City must be
named as an Additional Insured. The City Attorney must be given copies of all insurance policies within
15 days of the City Manager's written request.
6. Assignment. No assignment of this Agreement or any right or interest therein by the
Contractor is effective unless the City first gives its written consent to such assignment. The performance
of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold
consent to such assignment is within the sole discretion of the City on any ground whatsoever.
7. Fiscal Year. All parties recognize that the continuation of any contract after the close of
any fiscal year of the City (the City's fiscal year ends on July 31st), is subject to appropriations and budget
approval providing for covering such contract item as an expenditure in said budget. The City does not
represent that said budget item will be actually adopted as that determination is within the sole discretion
of the City Council at the time of adoption of each budget.
8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid
Invitation No. BI- 0161 -12 (which includes Specification No. 1169, dated 03/26/08), or the Contractor's
bid offer to Bid Invitation No. BI- 0161 -12 waives any subsequent breach of the same.
9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local
laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law
for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such
disputes is the appropriate district, county or justice court in and for Nueces County, Texas.
10. Subcontractors. The Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior
written approval from the Contract Administrator. In using subcontractors, the Contractor is
responsible for all their acts and omissions to the same extent as if the subcontractor and its employees
were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to
all subcontractors and their employees to the same extent as if the Contractor and its employees had
performed the services.
11. Amendments. This Agreement may be amended only by written Agreement duly
authorized by the parties hereto and signed by the parties.
12. Termination. The City Manager may terminate this Agreement for Contractor's failure to
perform the services specified in Bid Invitation No. BI- 0161 -12 (which includes Specification No. 1169,
dated 03/26/08). Failure to keep all insurance policies and performance bonds in force for the entire term
of this Agreement is grounds for termination. The Contract Administrator must give the Contractor
written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured
within the cure period, the City Manager may terminate this Agreement immediately thereafter.
Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to
the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours' written
notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein.
13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes,
unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide,
Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of
payment of these taxes within fifteen (15) days of such request. The Contractor may terminate this
Agreement upon ninety (90) days' written notice to the City.
14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy.
15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy.
16. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is
received on the day faxed or hand - delivered and on the third day after deposit in the U.S. mail if sent
certified mail. Notice shall be sent as follows:
IF TO CITY:
City of Corpus Christi
Attention: Lawrence Mikolaj ciyk
Director, Solid Waste Operations
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
Fax No.: 361 -826 -1972
IF TO CONTRACTOR:
Contractor
Contact
Address:
City, State,
CC DISPOSAL SERVICE
Bill Killian
PO BOX 260430
Corpus Christi
TX 78410
17. Month -to -Month Extension. If the City has not completed the procurement process and
awarded a new Agreement upon expiration of the original contract period or any extension period, the
Contractor shall continue to provide goods /services under this Agreement, at the most current price under
the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months. This
Agreement automatically expires on the effective date of a new contract.
18. Severability. Each provision of the Agreement shall be considered to be severable and, if,
for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any
existing or future applicable law, such invalidity shall not impair the operation of or affect those portions
of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if
the invalid or unenforceable provision or part thereof had been omitted.
19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD
HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS,
EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL
LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY
NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR
DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WIIICH
ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS
AGREEMENT OR THE PERFORMANCE. OF THIS AGREEMENT, REGARDLESS OF
WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO
BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF
INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED
WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS
OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR
SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON
WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND . PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND
ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR
ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS
SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS
AGREEMENT.
f
SIGNED this ill day of lfr , 201 y
Contractor CC DISPOSAL SERVICE
CITY OF CORPUS CHRISTI ( "CITY ")
Bill Killian
Title: GM
Michael Barrera Date
Assistant Director of Financial Services
APPROVED THIS DAY OF , 20_.
Incorporated by Reference:
Exhibit A: Bid Invitation No. BI- 0161 -12, which includes Specification No. 1169 dated 3/26/08.
Exhibit B: Bidder's Bid
AGENDA MEMORANDUM
for the City Council Meeting of July 17, 2012
DATE: June 29, 2012
TO: Ronald L. Olson, City Manager
FROM: Daniel Biles, P.E., Director of Engineering Services
danb @cctexas.com, (361) 826 -3729
Michael Morris, Director of Parks and Recreation
michaelmo @cctexas.com, (361) 826 -3464
Approval of Construction Contract for
Bill Witt & Botsford Park Improvements (Bond 2008)
CAPTION:
Motion authorizing the City Manager, or designee, to execute a Construction Contract with
Lowman Land Improvements of Orange Grove, Texas for the Bill Will and Botsford Park
Improvements project in the amount of $237,401.95 for the Base Bid (Bond 2008 Project —
Sports Field Improvements).
PURPOSE:
To award the construction contract for the Bill Witt & Botsford Park Improvements
BACKGROUND AND FINDINGS:
This project consists of the construction of one new soccer field at Bill Will Park including
demolition of existing concrete and the installation of select fill, grading, seeding, ditch
excavations and an irrigation system. This project also consists of the rehabilitation of the
existing football field at Botsford Park including demolition of existing concrete and the
installation of select fill, an irrigation system, foundation and electrical for a new scoreboard,
grading and seeding. There were no additive alternates on this project.
On May 23, 2012, the City received proposals from five (5) bidders and their bids are as follows:
Contractor
Base Bid
Lowman Land Improvements
Orange Grove, Texas
$237,401.95
Garrett Construction Co.
Ingleside, Texas
$278,426.87
Safenet Services, LLC.
Corpus Christi, Texas
$279,756.23
Sal -Con, Inc.
Corpus Christi, Texas
$311,500.70
Barcom Commercial, Inc.
Corpus Christi, Texas
$316,667.84
D:\ InSite\ Fil es \CORP\Attachments \70a111c4 -c21 c- 4559- b4b7- 686666192591.docx
ALTERNATIVES:
1. Award Project to Lowman Land Improvements as recommended.
2. Do not award contract.
OTHER CONSIDERATIONS:
This project was approved by the voters in the November 2008 bond election under the parent
project, Sports Field Lighting and Other Improvements — City Wide.
CONFORMITY TO CITY POLICY:
Conforms to statutes regarding Request for Bids process; Bond Issue 2008; FY 2011 -12 Capital
Budget.
EMERGENCY / NON-EMERGENCY:
Not applicable
DEPARTMENTAL CLEARANCES:
Parks and Recreation
FINANCIAL IMPACT:
❑ Operating ❑ Revenue
X Capital
❑ Not applicable
Fiscal Year: 2011-
2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
1,292,500.00
1,707,500.00
0.00
3,000.000.00
Encumbered /
Expended Amount
1,292,500.00
1,292,500.00
This item
$237,401.95
$237,401.95
BALANCE
$1,470,098.05
1,470,098.05
Fund(s): Parks and Recreation CIP
Comments: This project falls under the parent project, Sports Field Lighting and Other
Improvements — City Wide (Bond 2008), CIP PR 08.
RECOMMENDATION:
City Staff recommend the approval of a construction contract with Lowman Land Improvements
of Orange Grove, Texas in the amount of $237,401.95 for the Bill Will & Botsford Park
Improvement projects.
LIST OF SUPPORTING DOCUMENTS:
Location Map
Project Budget
D:\InSite\ Files \CORP\Attachments \70a111c4 -c21 c- 4559- b4b7- 686666192591.docx
PROJECT BUDGET
Bill Witt & Botsford Park Improvements
Parent Project: Sports Field Lighting and Other Improvements - City Wide (Bond 2008)
Project No. E11129
July 10, 2012
FUNDS AVAILABLE:
Parks and Recreation CIP Sports Field Lighting $ 3,000,000.00
Total $ 3,000,000.00
FUNDS REQUIRED:
Construction: (Lowman Land Improvements)
Additional Project expenditures included in this proposition
$ 237,401.95
$ 1,292,500.00
Balance $ 1,470,098.05
Future expenses associated with this project $ 77,582.84
\Mproject \councilexhibits \exhE1 1 1 29.dwg
RIVER
N'UECES B.2y
AGNFS
PROJECT SITE
Botsford Park
FM 2444
PROJECT SITE
Bill Witt Park
MADRE
LOCATION MAP
NOT TO SCALE
PROJECT #E11129
BILL WI TT & BOTSFORD
PARK IMPROVEMENTS
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
AGENDA MEMORANDUM
for the City Council Meeting of July 17, 2012
DATE:
TO:
July 13, 2012
Ronald L. Olson, City Manager
FROM: Daniel Biles, P.E., Director of Engineering Services
danb @cctexas.com; 826 -3729
Valerie H. Gray, P.E. Director of Storm Water and Streets Operations
valerieg @cctexas.com; 826 -1875
Foster Crowell, Director of Wastewater Operations
foster @cctexas.com; 857 -1801
Approval of Professional Services Contract for the Wastewater Service Line Repair and
Clean -out Installation and Manhole Ring Cover Adjustment Program FY2012.
CAPTION:
Motion authorizing the City Manager, or designee, to execute a Contract for Professional
Services with Engineering Construction Management Services (ECMS) of Corpus Christi, Texas
in the amount of $60,400.00 for the Wastewater Service Line Repair and Clean -out Installation
and Manhole Ring Cover Adjustment Program FY2012 for construction inspection services.
PURPOSE:
This contract provides for basic and additional Architect/Engineer services for the Wastewater
Service Line Repair and Clean -out Installation and Manhole Ring Cover Adjustment Program
FY2012.
BACKGROUND AND FINDINGS:
The ID /IQ Construction Contract is for the locating and the excavation of existing service lines;
replacing approximately 2800 linear feet of wastewater service lines from the clean -out to the
bend and from the bend to City main; 150 Sanitary Sewer and 100 Storm Water Manholes Ring
and Cover Adjustments throughout the City under multiple work authorizations. The work
period will be 365 calendar days with the option to extend the contract an additional year. This
is the first year renewal and the scope of work is the same as for the initial, bid /award year.
The professional services of ECMS are to include the preparation of work orders, coordination
with the Contractor, Engineering Construction Management and Operating Department, field
inspection of the work in progress, coordination with Testing Laboratory, planning /coordination
of the next work orders and documentation of all work done and approved. Engineering
Services recommend engaging ECMS's professional services because of familiarity and
previous experience on this project.
ALTERNATIVES:
C: \Program Files \Granicus \Legistar5 \ Packet \991_City Council 7 17 2012 \0010lMemo - WW Cleanouts.docx
1. Award the contract to ECMS, LLC. as outlined herein.
2. Do not award the contract.
OTHER CONSIDERATIONS:
Not Applicable
CONFORMITY TO CITY POLICY:
Conforms to statutes regarding Request for Qualifications process and the FY2011 -2012
Capital Budget.
EMERGENCY / NON - EMERGENCY:
Not Applicable
DEPARTMENTAL CLEARANCES:
Storm Water
Wastewater
FINANCIAL IMPACT:
X Operating
❑ Revenue
❑ Capital
❑ Not applicable
Fiscal Year: 2011-
2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
$5,596,695.91
$5,596,695.91
Encumbered /
Expended Amount
2,516,326.30
2,516,326.30
This item
60,400.00
60,400.00
BALANCE
$3,019,969.61
$3,019,969.61
Fund(s): Wastewater, Storm Water Operating Funds
Comments: This contract is budgeted in FY2012 Wastewater and Storm Water operating
funds.
RECOMMENDATION:
City Staff recommends the contract be awarded to Engineering Construction Management
Services (ECMS) of Corpus Christi, Texas, in the amount of $60,400.00
LIST OF SUPPORTING DOCUMENTS:
Project Budget
Location Map
C: \Program Files \Granicus \Legistar5 \ Packet \991_City Council 7 _ 17_ 2012 \0010_1_Memo - WW Cleanouts.docx
PROJECT BUDGET
Wastewater Service Line Repair and Clean -Out Installation and Manhole Ring and Cover Adjustment
Program FY - 2012
Project No. E12038
July 17, 2012
FUNDS AVAILABLE:
Wastewater Operating Fund $478,245.61
Storm Water Oeprating Fund $102,361.10
Total $580,606.71
FUNDS REQUIRED:
Construction: (RCM Constructors, Contract Renewal No. 1)*
Contingencies (10 %)
$443,673.10
$44,367.31
Consultant Fees:
Consultant (ECMS) $60,400.00
Reimbursements:
Contract Administration (Contract Preparation /Award /Admin)
Engineering Services (Project Mgt /Const. Mgt /Traffic Mgt)
Finance Issuance
Misc. (Printing, Advertising, etc.)
$8,873.46
$15,528.56
$5,545.91
$2,218.37
TOTAL $580,606.71
ESTIMATED PROJECT BUDGET BALANCE $0.00
*Original Construction Contract Awarded April 19, 2011; Contract Renewal No. 1 awarded April 3, 2012.
\Mproject \councilexhibits \exhE12038.dwg
F,M. 624
:NUECES BAY
111P/74S S,
14E4 Ni
4:1644#TOGq 4 */ tek
Air
F.M. 43 G \-
CORPUS C3- CRISTI 2_2lY
NOTE: CITY WIDE PROGRAM
PROJECT # E12038
FM 2444
L.AG LENT l
.1■.4AD RE
LOCATION MAP
NOT TO SCALE
yuL70
MEXICO
WASTEWATER SERVICE LINE REPAIR AND
CLEAN -OUT INSTALLATION AND
MANHOLE RING AND COVER ADJUSTMENT
PROGRAM - FY 2012
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277,
Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly
authorized City Manager or Designee (Director of Engineering Services) and ECMS
LLC (Engineering &Construction Management Services LLC), a Texas corporation,
5001 Oakmont Drive, Corpus Christi, Nueces
Co_ unty, Texas _._.
78413,
(Architect/Engineer AIE ), _ hereb - a reeas- follows:
1. SCOPE OF PROJECT (WASTEWATER SERVICE LINE REPAIR AND CLEAN -
OUT- INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT
PROGRAM FY- 2012, PROJECT NUMBER El 2038)
The ID /IQ Construction Contract is for the locating and the excavation of
existing service lines; replacing approximately 2800 linear feet of wastewater
service lines from the clean -out to the bend and from the bend to City main;
150 Sanitary Sewer and 100 Storm Water Manholes Ring and Cover
Adjustments throughout the City under multiple work authorizations. The
work period will be 365 calendar days with the option to extend the contract
an additional year. This is the first year renewal and the scope of work is the
same as for the initial, bid /award year.
2. SCOPE OF SERVICES
The NE hereby agrees, at its own expense, to provide construction management
services. for for a one -year renewal of an existing construction contract for which this
AE prepared the plans, specifications and bid package. In addition, AIE will provide
monthly status updates (project progress or delays, gantt charts presented with monthly
invoices) and provide contract administration services, as described in Exhibit "A" and
"A -1 ", to complete the Project. Work will not begin on Additional Services until
requested by the AIE (provide breakdown of costs, schedules), and written
authorization is provided by the Director of Engineering Services.
NE services will be "Services for Construction Projects " - (Basic Services for
Construction Projects ") which are shown and are in accordance with "Professional
Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint
publication of the Consulting Engineer's Council of Texas and Texas Society of
Professional Engineers. For purposes of this contract, certain services listed in this
publication as Additional Services will be considered as Basic Services.
1. ORDER OF SERVICES
The A/E agrees to begin work on those authorized Basic Services for this contract upon
receipt of the Notice to Proceed from the Director of Engineering Services. Work will
not begin on any phase or any Additional Services until requested in writing by the NE
and written authorization is provided by the Director of Engineering Services. The
Contract For Engineering (NE) Services
Page 1 of 3
anticipated schedule of the preliminary phase and construction phase is shown on
Exhibit "A ". This schedule is not to be inclusive of all additional time that may be
required for review by the City staff and may be amended by or with the concurrence of
the Director of Engineering Services.
The Director of Engineering Services may direct the NE to undertake additional
services or tasks provided that no increase in fee is required. Services or tasks
requiring an increase of fee will be mutually agreed and evidenced in writing as an
amendment to this contract. A/E shall notify the City of Corpus Christi within three (3)
days of notice if tasks requested requires an additional fee.
2. INDEMNITY AND INSURANCE
A/E agrees to the mandatory contract indemnification and insurance requirements as
set forth in Exhibit "B ".
3. FEE
The City will pay the A/E a fee, as described in Exhibit "A ", for providing services
authorized, a total fee not to exceed $60,400 (Sixty Thousand, Four Hundred Dollars).
Monthly invoices will be submitted in accordance with Exhibit "D ".
4. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven
days written notice to the A/E at the address of record. In this event, the NE will be
compensated for its services on all stages authorized based upon A/E and City's
estimate of the proportion of the total services actually completed at the time of
termination.
5. LOCAL PARTICIPATION
The City Council's stated policy is that City expenditures on contracts for professional
services be of maximum benefit to the local economy. The NE agrees that at least
75% of the work described herein will be performed by a labor force residing within the
Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of
the work described herein will be performed by a labor force residing outside the Corpus
Christi Metropolitan Statistical Area (MSA.)
6. ASSIGNABILITY
The A/E will not assign, transfer or delegate any of its obligations or duties in this
contract to any other person without the prior written consent of the City, except for
routine duties delegated to personnel of the NE staff. If the A/E is a partnership, then in
the event of the termination of the partnership, this contract will inure to the individual
benefit of such partner or partners as the City may designate. No part of the NE fee
may be assigned in advance of receipt by the NE without written consent of the City.
Contract for Engineering (A!E) Services
Page 2 of 3
The City will not pay the fees of expert or technical assistance and consultants unless
such employment, including the rate of compensation, has been approved in writing by
the City.
7. OWNERSHIP OF DOCUMENTS
All documents including contract documents (plans and specifications), record
drawings, contractor's field data, and submittal data will be the sole property of the City,
may not be used again by the NE without the express written consent of the Director of
Engineering Services. However, the NE may use standard details that are not specific
to this project. The City agrees that any modification of the plans will be evidenced on
the plans, and be signed and sealed by a professional engineer prior to re -use of
modified plans.
10. DISCLOSURE OF INTEREST
NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to
complete, as part of this contract, the Disclosure of Interests form attached hereto as
Exhibit "C ".
CITY OF CORPUS CHRISTI
By
Oscar Martinez Date
Assistant City Manager
RECOMMENDED
By
Daniel Biles, P. E.
Dir-
6/z c f /�
ate
g Services
ate
Operating Department
APPROVED AS TO FORM
ECMS LLC (ENGINEERING &
CONSTRUCTION MANAGEMENT
SERVICE , LLC)
By t -rQ.r e•tir 4l/ 4%ZO/3
Felix . 0 anas, Jr., P.E. Date
5001 Oakmont Drive
Corpus Christi, TX 78413
(361) 549 -4576 Cell
(361) 851 -1204 Fax
By
Office of Mgmt and Budget
Date
Project No. E12038
Fund Source: 530235- 4200- 33400- E12038 $47,112.00
530000-4300-32010-E12038 $13 288.00
Encumbrance No.
ATTEST
By
Armando Chapa, City Secretary
Contract for Engineering (NE) Services
Page 3 of 3
EXHIBIT "A"
CITY OF CORPUS CHRISTI, TEXAS
WASTEWATER SERVICE LINE REPAIR AND
CLEAN -OUT INSTALLATION AND MANHOLE COVER
ADJSUTMENT PROGRAM FY- 2012
(Project Number El 2038)
I. SCOPE OF SERVICES
A. Basic Services:
1. Preliminary Phase. The Architect/Engineer -NE will:
a. Prepare the necessary correspondence for the signature of the Director of
Engineering Services leading towards the renewal of the existing construction
contract.
b. Assist City staff in the negotiations for increase or decrease in contract amount as
may be indicated by the ENR, Engineering News Record.
c. Conduct and/or attend and participate in meetings with the Contractor and City
staff required towards the renewal and award of the existing construction contract.
2. Construction Phase. The NE 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
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EXHIBIT "A"
Page 1 of 5
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.
Review construction "red- line" drawings, prepare record drawings of the Project
as constructed (from the "red-line" drawings, inspection, and the contractor
provided plans) and deliver to the Engineering Services a reproducible set and
electronic file (AutoCAD r.14 or later) of the record drawings within two (2)
months of final acceptance of the project. All drawings will be CADD drawn using
dwg format in.. AutoCAD, .and- graphics data -- will- - be- in -dxf- format- with -each layer
being provided in a separate file. Attribute data will be provided in ASCII format
in tabular form. All electronic data will be compatible with the City G1S system.
The City staff will:
a. Prepare applications /estimates for payments to contractor.
b. Conduct the final acceptance inspection with the Engineer.
B. Additional Services (ALLOWANCE)
This section defines the scope (and ALLOWANCE) for compensation for additional services
that may be included as part of this contract, but the A/E will not begin work on this section
without specific written approval by the Director of Engineering Services. Fees for Additional
Services are an allowance for potential services to be provided and will be negotiated by
the Director of Engineering Services as required. The NE will, with written authorization by
the Director of Engineering Services, do the following
1. Construction Observation Services. Provide a project representative (PR) to
provide periodic construction inspection.
A. Through such additional observations of Contractor's work in progress and field
checks of materials and equipment by the PR and assistants, the A/E shall endeavor
to provide further protection for the CITY against defects and deficiencies in the
work.
B. The duties and responsibilities of the PR are described as follows:
1. General: PR will act as directed by and under the supervision of NE, and will
confer with NE regarding PR's actions. PR's dealings in matters pertaining to the
Contractor's work in progress shall in general be with NE and Contractor,
keeping the CITY advised as necessary.
2. Conference and Meetings: Attend meetings with Contractor, such as pre -
construction conferences, progress meetings, job conferences and other project -
related meetings as required by the City, and prepare and circulate copies of
minutes thereof.
3. Liaison:
A. Serve as liaison with Contractor, working principally through Contractor's
superintendent and assist in • understanding the intent of the Contract
Documents.
B. PR shall communicate with CITY with the knowledge of and under the
direction of A/E
EXHIBIT "A"
Page 2 of 5
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4. Interpretation of Contract Documents: Report when clarifications and
interpretations of the Contract Documents are needed and transmit to Contractor
clarifications and interpretations as issued.
5. Shop Drawings and Samples:
A. Receive Samples, which are furnished at the Site by Contractor, and notify of
availability of Samples for examination.
B. Record date of receipt of Samples and approved Shop Drawings.
C. Advise Contractor of the commencement of any portion of the Work requiring
a Shop Drawing or Sample submittal for which PR believes that the submittal
has not been approved.
6. Review of -- Work - and - Rejection of-Defective Work:— — A. Conduct on -Site observations of Contractor's work in progress to assist A/E
in determining if the Work is in general proceeding in accordance with the
Contract Documents.
B. Report whenever PR believes that any part of Contractor's work in progress
will not produce a completed Project that conforms to the Contract
Documents or will prejudice the integrity of the design concept of the
completed Project, or has been damaged, or does not meet the requirements
of any inspection, test or approval required to be made; and advise City and
A/E of that part of work in progress that PR believes should be corrected or
rejected or should be uncovered for observation, or requires special testing,
inspection or approval.
C. Observe whether Contractor has arranged for inspections required by Laws
and Regulations, including but not limited to those to be performed by public
agencies having jurisdiction over the Work.
7. Records:
A. Maintain orderly files for correspondence, reports of job conferences,
reproductions of original Contract Documents including all Change Orders,
Field Orders, Work Change Directives, Addenda, additional Drawings issued
subsequent to the Contract, A/E's clarifications and interpretations of the
Contract Documents, progress reports, Shop Drawing and Sample submittals
received from and delivered to Contractor, and other Project related
documents.
B. Prepare a daily report utilizing approved City format, recording Contractor's
hours on the Site, weather conditions, data relative to questions of Change
Orders, Field Orders, Work Change Directives, or changed conditions, Site
visitors, daily activities, decisions, observations in general, and specific
observations in more detail as in the case of observing test procedures; and
send copies to NE and the City.
8. Reports:
A. Furnish periodic reports as required of progress of the Work and of
Contractor's compliance with the progress schedule and schedule of Shop
Drawing and Sample submittals.
B. Report immediately to the CITY and NE the occurrence of any Site
accidents, any Hazardous Environmental Conditions, emergencies, or acts of
God endangering the work, and property damaged by fire or other causes.
C. Provide project photo report on CD -ROM at the rate of a minimum of two
photographs per day, including an adequate amount of photograph
documentation of utility conflicts.
EXHIBIT "A"
Page 3 of 5
K:4Engineering DalaExctiange4CtarissaJtWestewaler 5E12038 - VON Sry Line Repair & Clean Out FYI3YECMSYEXHIB1T A docx
9. Completion:
A. Before the issue of Certificate of Completion, submit to Contractor a list of
observed items requiring completion or correction.
B. Participate in a final inspection in the company of NE, the CITY, and
Contractor and prepare a final list of items to be completed or corrected.
C. Observe whether all items on final list have been completed or corrected and
make recommendations concerning acceptance and issuance of the Notice
of Acceptability of the Work.
2. Start -up Services. Provide on -site services and verification for all start -up
procedures during actual start up of major Project components, systems, and related
appurtenances if needed and required.
3 Warranty Phase. Provide a maintenance guaranty inspection toward the end of the
one -year period after acceptance of the Project. Note defects requiring contractor action
to maintain, repair, fix, restore, patch, or replace improvement under the maintenance
guaranty terms of the contract. Document the condition and prepare a report for the City
staff of the locations and conditions requiring action, with its recommendation for the
method or action to best correct defective conditions and submit to City Staff. Complete
the inspection and prepare the report no later than sixty (60) days prior to the end of the
maintenance guaranty period.
4 Provide the services above authorized in addition to those items shown on Exhibit "A-
1" Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit
"A -1" Task List does not supersede Exhibit "A ".
2. SCHEDULE
Day
Date
Activity
Monday
May 12, 2012
Notice to Proceed
Monday
May 12, 2012
Begin Construction
Tuesday
May 12, 2013
Complete Construction
3. FEES
A. Fee for Basic Services. The City will pay the AIE a fixed fee for providing for all "Basic
Services" authorized as per the table below. The fees for Basic Services will not exceed
those identified and will be full and total compensation for all services outlined in Section
I.A.1 -4 above, and for all expenses incurred in performing these services. The fee for
this project is subject to the availability of funds. The Engineer may be directed to
suspend work pending receipt and appropriation of funds. For services provided in
Section I.A.1 -4, NE will submit monthly statements for basic services rendered. In
Section I.A.1 -3, the statement will be based upon NE's estimate (and City concurrence)
of the proportion of the total services actually completed at the time of billing. For
services provided in Section I.A.4, the statement will be based upon the percent of
completion of the construction contract. City will make prompt monthly payments in
response to NE's monthly statements.
EXHIBIT "A"
Page 4 of 5
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B. Fee for Additional Services. For services authorized by the Director of Engineering
Services under Section I.B. "Additional Services," the City will pay the AlE a not -to-
exceed fee as per the table below:
Su
Basic Services Fees
1. Preliminary Phase
$1,000 -
2 Design Phase
3. Bid Phacc
- - =-
- $19;800 -
4. Construction Phase
Subtotal Basic Services Fees
$20,800
Additional Services Fees (Allowance)
1. Permit Preparation
■-
5. Construction Observation Services
$39,600
6. Start -up Services
7. Warranty Phase
Included
above
Sub -Total Additional Services Fees Authorized
$39,600
Total Authorized Fee
$60,400 -
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EXHIBIT "A"
Page 5 of 5
EXHIBIT "A -1" TASK LIST
(Provides supplemental description to Exhibit "A ". Exhibit "A -1" Task List does not supersede Exhibit "A. ")
CITY OF CORPUS CHRISTI, TEXAS
WASTEWATER SERVICE LINE REPAIR AND
CLEAN -OUT INSTALLATION AND MANHOLE COVER
ADJUSTMENT PROGRAM FY -2012
(Project No, E12038)
Basic Services (See Exhibit "A ")
Additional Services:
CONSTRUCTION OBSERVATION SERVICES
1) Provide construction observation services as authorized by the City in
accordance with Exhibit 'A' of the Contract for Professional Services.
2) Conduct daily site visits to the project site during construction.
3) Prepare monthly reports and submit to City staff as required..
4) Provide detailed coordination with City staff during construction.
5) Coordinate construction activities with materials testing laboratory.
PUBLIC INVOLVEMENT PHASE
1) Assist the City in preparing notices, handouts and exhibits for public
information meetings.
2) Assist the City in conducting the public information meetings.
3) Assist the City with follow -up and response to citizen comments.
4) Revise contract drawings to address citizen comments, as directed by the
City.
WARRANTY PHASE
Upon receiving authorization from the City to proceed, conduct a maintenance
guaranty inspection toward the end of the one -year period after acceptance of the
project. Note defects requiring contractor action to maintain, repair, fix, restore,
patch, correct or replace improvements under the maintenance guaranty terms of
the construction contract. Document the condition and prepare a report for the City
staff of the locations and conditions requiring action.
K:1Engineering DalaExchangelClarisse Waslewater1E12038 -1NW Sv Line Repair & Clean out FY131ECMSSEXHIBIT A - 1.docx
EXHIBIT "A -1"
Page 1 of 1
Exhibit B
Mandatory Requirements
(Revised November; 2005)
INDEMNIFICATION AND HOLD HARMLESS
Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its
officers, 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 reasonable 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 Consultant's negligent performance of services covered by this
contract The foregoing indemnity shall apply except if such injury, death or damage is
caused by the sole or concurrent negligence of the City of Corpus Christi, its officers, .
agents, servants, or employees, or any other person indemnified hereunder.
EXHIBIT "B"
Page 1 of 1
gillSUPPLIER NUMBER
TO BE ASSIGNED BY CITY
PURCHASING DIVISION
City of
Corpus
Christi
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business
with the City to provide the following information. Every question must be answered. If the question is
not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and
definitions.
COMPANY NAME: Engineering & Construction Management Services, LLC
P. O. BOX:
STREET ADDRESS: 501 Oakmont Drive CITY: Corpus Christi ZIP: 78413
FIRM IS: I. Corporation XL❑
4. Association
2. Partnership
5. Other
3. Sole Owner
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name
N/A
Job Title and City Department (if known)
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Title
N/A
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name
N/A
Board, Commission or Committee
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who
worked on any matter related to the subject of this contract and has an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Consultant
NIA
EXHIBIT "C"
Page 1 of 2
1
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the action
will have on members of the public in general or a substantial segment thereof, you shall disclose that fact
in a signed writing to the City official, employee or body that has been requested to act in the matter,
unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be
made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)]
CERTIFICATION
I certify that all information provided-is-true-and-correct-as ofthe date-of-this-statementTthat— I -have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be,
promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person: Felix Oca ias
(Type or Print)
Signature of Certifying
Person:
Title: President
Date: 4 ji p 12.,.
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi, Texas.
b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-
time basis, but not as an independent contractor.
"Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non - profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of
Corpus Christi, Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
"Constructively held" refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements."
g.
"Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
EXHIBIT "C"
Page 2 of 2
WATEWATER SERVICE LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING AND COVER
ADJUSTMENT PROGRAM FY 2012
Project No. E12038
Invoice No. 12345
Invoice Date:
Basic Services:
Preliminary Phase
Design Phase
Bid Phase
Report Phase
Construction Phase
Subtotal Basic Services
Additional Services:
Construction Observation
Warranty Phase
Inspection
Platting Survey
Reporting
0 & M Manuals
SCADA
Subtotal Additional Services
Summary of Fees
Basic Services Fees
Additional Services Fees
Total of Fees
Total Amount Previous Total Percent
Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete
$1,000
$0
$0
$1,000
$0
$0 $0
0%
0
0
0
0
0
0 0
n/a
0
0
0
0
0
0 0
-n/a
0
0
0
0
0
0 O
n/a
19,800
0
0
19,800
0
0 0
n/a
$20,800
$0
$0
$20,800
$0
$0 $01
0%
$39,600
$0
$0
$39,600
$0
$0
$0
n/a
Included
0
0
0
0
0 0
n/a
0
0
0
0
0
0 0
n/a
0
0
0
0
0
0 On/a
0
0
0
0
0
0 0
n/a
TBD
TBD
TBD
TBD
TBD
TBD 0
0%
TBD
TBD
TBD
TBD
TBD
TBD j TBD
0%
$39,600
$0
$0
$39,600
$0
$0 $0
0%
$20,800
$0
.$0
$20,800
$0
$0
$0
0%
39,600
0
0
39,600
0
0 ' 0
0%
$60,400
$0
$0
$60,400
$0
$0 $0
0%
AGENDA MEMORANDUM
for the City Council Meeting of July 17, 2012
DATE: 6/22/2012
TO: Ronald L. Olson, City Manager
FROM: Michael Morris, Director of Parks and Recreation
MichaelMo@cctexas.com; 361- 826 -3464
Foster Crowell, Director of Wastewater
FosterC(ccctexas.com; 361- 857 -1801
Lease renewal for Tejas Bowmen Archery Club for property off of McKinzie
Rd. and Allison Dr.
CAPTION:
Ordinance authorizing the City Manager, or designee, to execute a five -year lease agreement
with Tejas Bowmen Archery Club for the use of City property near Allison Wastewater
Treatment Plant off of McKenzie Road, to maintain and operate an archery range; and
declaration of emergency.
BACKGROUND AND FINDINGS:
The Tejas Bowmen Archery Club (Club) has been leasing two tracts of City property off of McKinzie
Rd. and Allison Dr. for over 30 years. The Club is a registered 501 c -3 organization and has remained
in compliance with the lease throughout its tenancy. The Club is responsible for all maintenance and
archery range operations. There is no lease payment for the use of the property.
ALTERNATIVES:
Do not approve the lease agreement and request the Club vacate the premises.
OTHER CONSIDERATIONS:
N/A
CONFORMITY TO CITY POLICY:
City Council must authorize the City Manager or his designee to execute the necessary documents to
allow for a five -year lease agreement.
EMERGENCY / NON - EMERGENCY:
Emergency
DEPARTMENTAL CLEARANCES:
Legal, Wastewater
FINANCIAL IMPACT: Not applicable
Fiscal Year: 2011 -2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
0.00
Encumbered /
Expended Amount
This item
0.00
BALANCE
0.00
Fund(s):
Comments: This item will not have any impact on the operating budget.
RECOMMENDATION:
Staff recommends approval of lease agreement.
LIST OF SUPPORTING DOCUMENTS:
Ordinance, Lease
Ordinance authorizing the City Manager, or designee, to execute a
five -year lease agreement with Tejas Bowmen Archery Club for the
use of City property near Allison Wastewater Treatment Plant off of
McKenzie Road, to maintain and operate an archery range; and
declaration of emergency.
Be it ordained by the City Council of the City of Corpus Christi, Texas that
SECTION 1. That the City Manager or his designee is authorized to execute a five -year
lease agreement with Tejas Bowmen Archery Club for use of City property near Allison
Wastewater Treatment Plant off of McKenzie Road, to maintain and operate an archery
range. A copy of the lease is on file with the City Secretary.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of , 2012.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Joe Adame
Mayor
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
Kelley Allen
Larry Elizondo, Sr.
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
Page 1 of 14
LEASE BETWEEN THE
CITY OF CORPUS CHRISTI AND
TEJAS BOWMEN ARCHERY CLUB
THE STATE OF TEXAS
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NUECES
This lease ("Lease") is entered into by and between the City of Corpus Christi ("City"), a
Texas home rule municipal corporation, acting through its duly authorized City Manager,
or the City Manager's designee, and TEJAS BOWMEN ARCHERY CLUB ("Lessee"), a
Texas nonprofit corporation, Corpus Christi, Texas, operating for the purpose of
providing an archery range for persons interested in archery, acting through its duly
authorized President, Robert A. Garcia.
Section 1. Definitions. For the purposes of this Lease:
Improvements means buildings and other structures located on the Premises.
Premises means two tracts or parcels of land designated as Tracts "A' and "B",
as shown on the attached drawing, Exhibit A, together with all Improvements.
Section 2. Purpose. The purpose of this Lease is to enable Lessee to operate a public
archery range for persons interested in archery. Lessee may not operate the Leased
Premises for any other purpose without the prior written approval of the Director of
Parks and Recreation and Director of Wastewater operations.
Section 3. Leased Premises. The Leased Premises are two tracts or parcels of land
designated as Tracts "A" and "B", as shown on the drawing attached as Exhibit A,
together with all Improvements.
Section 4. Term. The City leases the Premises, AS IS, subject to all terms and
conditions of this Lease, to the Lessee for a period of five (5) years subject, however, to
the right of either party to cancel this Lease by giving thirty (30) days written notice at
any time to the other party, unless sooner terminated. This Lease begins on the first
day after final Council approval. Lessee may continue to occupy the Premises after the
expiration of this Lease on a month-to-month tenancy if the Lessee continues to provide
consideration in lieu of paying monthly rent as required by this lease, and upon the
same terms and conditions as set out in this lease. The City Manager has the absolute
right to terminate the month-to-month tenancy with or without cause upon thirty (30)
days written notice to Lessee.
Section 5. Surrender. Lessee shall surrender the Premises, upon the expiration,
termination, or cancellation of this Lease, in as good a condition as received,
reasonable use and wear, acts of God, fire and flood damage or destruction where
Lessee is without fault, excepted.
Page 2 of 14
Section 6. Lease Consideration. For and in consideration of the rights and privileges
granted In this lease, and in lieu of lease payments to the City, Lessee must construct,
maintain, and operate a public archery range on the Premises, Further, Lessee must
maintain the Premises by mowing, collecting litter, etc. as directed in writing by the
Director.
Section 7. Membership and User Requirements; Hours and Terms of Operation;
Lessee Responsible for Activities.
a. Board of Directors and List of activities. Lessee will provide City Director with a list
of current Board of Directors. Lessee shall provide an updated list when any
changes are made to the board members. Lessee will provide a Schedule of
Activities, Hours and Terms of Operation, and Membership and User Fees. Lessee
will provide an updated list when any changes are made.
b. Lessee responsible for activities on Premises. Notwithstanding any right of City to
inspect or approve any improvement or activity under this lease, Lessee covenants
that it and its members are solely and exclusively responsible for all activities on
the Premises and have control of the Premises; that the City has no responsibility
for safety of, or any activity on, the Premises; and that Lessee shall not rely on any
City inspection or action. Lessee is solely responsible for the safety of all activities
on the Premises.
Section 8. Alterations.
Lessee may not make any alterations, additions, or improvements to, in, on, or about
the Premises, without the prior written consent of the City Manager and Risk Manager.
Lessee, if directed by the Director of Parks and Recreation, must construct and maintain
screening or other safety barriers to ensure that arrows are confined to the premises.
Any archery range construction must also be approved by the District Field Governor of
the National Field Archery Association ("District Field Governor') prior to start of
construction.
a. Prior to making any alterations, additions, or improvements to, in, on, or about
the Premises, Lessee must submit the plans and specifications for the
alterations, additions, or improvements to the Wastewater Director, Park Director,
and Engineering Services Director for review and written consent.
b. If the Wastewater Director, Park Director, and Engineering Services Director (and
the District Field Governor in the case of archery range construction) consent to,
and the Risk Manager grants clearance for, the alterations, additions, or
improvements, the Lessee shall obtain all required permits for the construction;
and the construction is subject to inspection by the Wastewater Director, Park
Director, Engineering Services Director, City's Building Official, (and the District
Field Governor in the case of archery range construction), and their designated
Page 3 of 14
representatives.
c. All approved alterations, improvements, and additions made by the Lessee upon
the Premises, although at Lessee's own expense, shall, if not removed by
Lessee at any termination or cancellation of this Lease, become the property of
the City in fee simple without any other action or process of law. Lessee agrees
to be contractually and financially responsible for repairing any and all damage
caused by the removal. If items are installed in a mariner that they become
fixtures, the fixtures may not be removed by Lessee upon termination and
become the property of the City.
Section 9. Taxes, Assessments, Licenses, and Fees.
Lessee must pay, in full prior to each respective due date, all taxes, assessments,
licenses, and fees required by the Lessee's use of the Leased Premises
Section 10. No Debts. Lessee may not incur any debts or obligations on the credit of
the City during the term of this Lease, and including during any Holdover Period that
may occur.
Section 11. No Liens Lessee agrees not to permit any mechanic's lien, materialman's
lien, tax lien, or any other lien to become attached to the Leased Premises, or any part
or parcel of the Leased Premises, or the Improvements on the Leased Premises,
because of any work or labor performed by any mechanic, materials furnished by any
materialman, or any other reason.
Section 12 Assignment and Subleasing.
Lessee may not assign, sublease, or encumber this lease, without the prior written
consent of the City Manager. Any assignment or sublease must be approved in
advance in writing signed by the City Manager.
Section 13. Signs; Warning Signs Posted.
a. Lessee may not exhibit, inscribe, paint, erect, or affix any sign at, on, or about
the Premises, or any part of this Lease, without the prior written approval of the
Directors,
b. The City may require Lessee to remove, repaint, or repair any Signs allowed. If
Lessee does not remove, repaint, or repair the Signs within ten (10) days of the
Director's written demand, the City may elect to terminate this Lease after ten
(10) days written notice to Lessee, Alternatively, the City may do or cause the
work to be done, and Lessee shall pay the City's costs within thirty (30) days of
receipt of the Director's invoice. If payment is not timely made, the City may
terminate this Lease upon ten (10) days written notice to Lessee.
Page 4 of 14
c. Lessee must post the Premises with adequate signs to warn that it is an archery
range and no trespassing is allowed.
Section 14. Laws Affecting Operation of Premises and Performance. Lessee shall
comply with all Federal, State, and local laws, ordinances, rules, and regulations
applicable to Lessee's operation of the Premises and Lessee's performance under this
Lease. This Lease is also subject to applicable provisions of the City Charter.
Section 15. Nondiscrimination. Lessee covenants and agrees that Lessee will not
discriminate nor permit discrimination against any person or group of persons, with
regard to employment and the provision of services at, on, or in the Premises, on the
grounds of race, religion, national origin, marital status, sex, age, disability, or in any
manner prohibited by the laws of the United States or the State of Texas. The City
hereby reserves the right to take the action as the United States may direct to enforce
this covenant.
Section 16. Maintenance. Lessee shall maintain the Leased Premises and all
improvements in good and safe condition during the Lease term,
Section 17. Furniture, Fixtures, and Equipment.
a. It is understood that Lessee is responsible for furnishing and equipping the
Premises and that the City has no obligation to furnish any equipment or
furnishings for Lessee.
b. All personal property and trade fixtures furnished by or on behalf of Lessee
remain the property of the Lessee, unless the personal property and trade
fixtures are specifically donated to the City during the term of this Lease or any
Holdover Period.
c. The City Director of Parks and Recreation retains the right to approve all
furnishings and fixtures that may be installed in the Premises, during the term of
this Lease and any Holdover Period, prior to installation.
' Section 18. Utilities. Lessee must pay for all utilities used by it on the Premises or
used by any other activities sponsored by the Lessee on the Premises.
Section 19. City's Right of inspection. Any officer or authorized employee of the City
may enter upon the Premises, at all reasonable times and without notice, to determine
whether Lessee is providing maintenance in accordance with this Lease
Section 20. Directors' Right to Access Premises in Emergency.
a. Lessee shall provide Director of Parks and Recration and Director of
Wastewater with keys to the Premises, and a current list of names and phone
Page 5 of 14
numbers, for use by each Director, in the event of an emergency.
b. Each Director has the right to enter the premises during the regular hours of
operation or at anytime in an emergency.
Section 21. City Use, The City retains the right to use or cross the Premises with utility
lines and easements. City may exercise these rights without compensation to Lessee
for damages to the Premises from installing, maintaining, repairing, or removing the
utility lines and easements. City must use reasonable judgment in locating the utility
lines and easements to minimize damage to the Premises.
Section 22. Indemnity. In consideration of allowing Lessee to use the Premises,
Lessee ("Indemnitor") covenants to fully indemnify, save and hold harmless the
City, its officers, agents, representatives, and employees (collectively,
'indemnitees") from and against any and all liability, loss, damages, claims,
demands, suits, and causes of action of any nature whatsoever asserted against
or recovered from City on account of injury or damage to person Including,
without limitation on the foregoing, premises defects, workers ' compensation
and death claims, or property loss or damage of any other kind whatsoever, to
the extent any injury, damage, or loss may be incident to, arise out of, be caused
by, or be in any way connected with, either proximately or remotely, wholly or in
part: (1) Lessee's performance under this Lease; (2) Lessees use of the Premises
and any and all activities associated with the Lessee's use of the Premises under
this Lease; (3) the violation by Lessee, its officers, employees, agents, or
representatives or by indemnitees, or any of them, of any law, rule, regulation,
ordinance, or government order of any kind pertaining, directly or indirectly, to
this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission
on the part of Lessee, its officers, employees, agents, or representatives or of
indemnitees, or any of them, pertaining to this Lease, regardless of whether the
injury, damage, loss, violation, exercise of rights, act, or omission is caused or is
claimed to be caused by the contributing or concurrent negligence of
indemnitees, or any of them, but not if caused by the sole negligence of
indemnitees, or any of them, unmixed with the fault of any other person or entity,
and including all expenses of litigation, court costs, and attorneys' fees, which
arise, or are claimed to arise, out of or in connection with the asserted or
recovered Incident Lessee covenants and agrees that, if City Is made a party to
any litigation against Lessee or In any litigation commenced by any party, other
than Lessee, relating to this Lease, Lessee shall, upon receipt of reasonable
notice regarding commencement of litigation, at its own expense, investigate all
claims and demands, attend to their settlement or other disposition, defend City
in all actions relating to this Lease with legal counsel satisfactory to the City
Attorney, and pay all charges of attorneys and all other costs and expenses of
any kind whatsoever arising from the liability, injury, damage, loss, demand,
claim, or action.
Section 23. Insurance.
Page 6 of 14
a. Lessee shall secure and maintain at Lessee's expense, during the term of this
Lease, insurance of the type and with the amount of coverage shown on the
attached Exhibit B, which is incorporated in this Lease by reference. Lessee
shall use an insurance company or companies acceptable to the Risk Manager.
Failure to maintain the insurance during the term of this Lease, at the limits and
requirements shown on Exhibit B, constitutes grounds for termination of this
Lease,
b. The Certificate of Insurance must be sent to the Risk Manager prior to
occupancy of and operations at the Premises. The Certificate of Insurance must
provide that the City will have thirty (30) days advance written notice of
cancellation, intent to not renew, material change, or termination of any
coverage required in this Lease.
c. Lessee shall provide, during the term of this Lease, copies of all insurance
policies to the Risk Manager upon written request by the City Manager.
d. The Risk Manager retains the right to annually review the amount and types of
insurance maintained by Lessee, to require increased coverage limits, if
necessary in the interest of public health, safety, or welfare, and to decrease
coverage, if so warranted. In the event of any necessary increase, Lessee must
receive thirty (30) days written notice prior to the effective date of the
requirement to obtain increased coverage.
e. In the event alcoholic beverages are to be served on or in any Premises covered
by this Lease, the Lessee shall additionally obtain or cause to be obtained
alcoholic beverage liability insurance in the amount of one million dollars
($1,000,000.00) covering the event or time period when alcoholic beverages are
to be served.
Lessee shall, prior to any addition or alteration to, in, on, or about the Premises,
obtain prior clearance, in writing, from the Risk Manager that the proposed
addition or alteration will not necessitate a change or modification in the existing
insurance coverage maintained by Lessee. This clearance is in addition to the
prior consent required by Section 12(a) of this lease.
Section 24. Default The following events constitute default under this Lease:
1) Failure to provide consideration in lieu of paying rent or failure to make other
payments under this Lease.
2) Failure to pay utilities before the due date.
3) Failure to perform scheduled maintenance.
Page 7 of 14
4) Failure to maintain any Insurance coverages required in this lease.
5) Failure to timely pay City's invoice for the removal, repainting, or repair of any
Signs at the Premises.
6) Failure to keep, perform, and observe any other promises, covenants and
conditions contained in this Lease.
Section 25. City's Remedies on Lessee's Default. Upon the occurrence of any event
of default, the City may, at its option, in addition to any other remedy or right given
under this Lease or by law:
1. Give notice to Lessee that this Lease terminates upon the date specified in the
notice, which date will be no earlier than five (5) days after the giving of the
notice.
2. Immediately or at any time after the occurrence of the event of default and
without notice or demand, or upon the date specified in a notice, if given, or in
any notice issued under law, the City may enter into and upon the Leased
Premises and retake possession, by legal proceedings or otherwise, expel
Lessee and anyone claiming through or under Lessee, remove Lessee's or a
claimant's goods and effects, forcibly, if necessary, and store the goods in the
name and at the expense of Lessee.
Section 26. Enforcement Costs. If the City files any legal action or proceeding to
repossess the Premises, collect the lease payment(s) due under this Lease, collect for
any damages to the Premises, or to enforce in any other way the provisions of this
Lease, Lessee agrees to pay all court costs and expenses and the sum that a court of
competent Jurisdiction adjudges as reasonable attorneys' fees in the action or
proceeding, or in an appeal, if a judgment is rendered in favor of the City.
Section 27. Modifications. No provision of this Lease may be changed, modified, or
waived, unless the change, modification, or waiver is made in writing and signed by
persons authorized to sign agreements on behalf of each party.
Section 28. Contact Person/Lease Administrator. For this Lease, the City's contact
person and lease administrator is the Director.
Section 29. Notice.
a. All notices, demands, requests, or replies provided for or permitted under this
Lease by either party must be in writing and must be delivered by one of the
following methods: (i) by personal delivery; (ii) by deposit with the United States
Postal Service as certified or registered mail, return receipt requested, postage
prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express
delivery service, for which service has been prepaid; or (v) by fax transmission.
Page 8 of 14
b. Notice deposited with the United States Postal Service in the manner described
above will be deemed effective two (2) business days after deposit with the
United States Postal Service. Notice by telegram or overnight express delivery
service will be deemed effective one (1) business day after transmission to the
telegraph company or overnight express carrier, Notice by fax transmission will
be deemed effective upon transmission with proof of delivery.
c. All the communications must only be made to the following:
IF TO CITY: IF TO LESSEE:
City of Corpus Christi
Park and Recreation Dept.
P.O. Box 9277
Corpus Christi, TX 78469-9277
Attn: Director of Park & Recreation
(361) 826-3464
Robert A. Garcia, President
Tejas Bowmen Archery Club
5564 Ayers
Corpus Christi, TX 78415
(361) 332-3150
d. Either party may change the address to which notice is sent by using a method
set out in subsection a of this section. Lessee shall notify the City of an address
change within ten (10) days after the address is changed.
Section 30. Force Majeure. No party to this Lease shall be liable for delays or failures
in performance due to any cause beyond the party's control including, without limitation,
any delays or failures in performance caused by strikes, lock outs, fires, acts of God or
the public enemy, common carrier, severe inclement weather, riots or interference by
civil or military authorities. The delays or failures to perform extend the period of
performance until these exigencies have been removed. The Lessee shall inform the
City in writing of proof of the force majeure within three (3) business days or otherwise
waive this right as a defense.
Section 31. Relationship of Parties. This Lease establishes a landlord/tenant
relationship, and no other relationship. This Lease must be construed conclusively in
favor of that relationship. In performing this Lease, the City and Lessee will each act in
an individual capacity and not as agents, representatives, employees, employers,
partners, joint-venturers, or associates of one another. The employees or agents of
either party may not be, nor be construed to be, the employees or agents of the other
party for any purpose.
Section 32. Not for Benefit of Third Parties. This Lease is only for the benefit of the
City and Lessee, and no third party has any rights or claims under this Lease or against
the City.
Section 33. Publication Costs. Lessee shall pay for the cost of publishing the Lease
description and related ordinance, as required by the City's Charter, in the legal section
of the local newspaper.
Page 9 of 14
Section 34. Interpretation. This Lease shall be interpreted according to the Texas laws
which govern the interpretation of contracts. Venue lies in Nueces County, Texas,
where this Lease was entered into and will be performed.
Section 35. Survival of Terms. Termination or expiration of this Lease for any reason
does not release either party from any liabilities or obligations under this Lease that (a)
the parties have expressly agreed survive any the termination or expiration; (b) remain
to be performed; or (c) by their nature would be intended to be applicable following the
termination or expiration of this Lease.
Section 36. Limitation of Leasehold. City does not warrant its title to the Leased
Premises. This Lease and the rights and privileges granted Lessee in and to the Leased
Premises are subject to all covenants, conditions, restrictions, and exceptions of record
or apparent. Nothing contained in this Lease may be construed to imply the conveyance
to Lessee of rights in the Leased Premises that exceed those owned by City.
Section 37. Captions. The captions utilized in this Lease are for convenience only and
do not in any way limit or amplify the terms or provisions of this Lease.
Section 38. Severability.
It is the definite intent of the parties to this Lease that every section, paragraph,
subdivision, clause, provision, phrase, or word of this Lease be given full force and
effect for its purpose. Therefore, if, for any reason, any section, paragraph, subdivision,
clause, provision, phrase, or word of this Lease or the application of this Lease to any
person or circumstance is, to any extent, held illegal, invalid, or unenforceable under
present or future law or by a final judgment of a court of competent jurisdiction, then the
remainder of this Lease, or the application of the term or provision to persons or
circumstances other than those as to which it is held illegal, invalid, or unenforceable,
will not be affected by the law or judgment.
Section 39. Entirety Clause. This Lease and the attachments and exhibits incorporated into
this Lease constitute the entire agreement between the City and Lessee for the purpose granted.
All other agreements, promises, representations, and understandings, oral or otherwise, with
reference to the subject matter of this Lease, unless contained ill this Lease are expressly
revoked, as the parties intend to provide for a complete understanding within the provisions of this
Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's
operations and the Premises to be used in the operations.
EXECUTED IN DUPLICATE, each of which shall be considered an original, on the day
of , 20 .
LESSEE: Te'.. „pen Arche lub
By:
Robert Garcia
President
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Ronald L. Olson
City Manager
Page 10 of 14
142P435Dir
- op.
21,
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/
Exhibit A - Leased Premises
Drive
Page 11 of 14
RADIUS CURVATURE LEGEND
1 ta
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11 830.0"
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DRAWN DY:
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Page 12 of 14
EXHIBIT B
INSURANCE REQUIREMENTS
I. Lessee Liability Insurance
A. Lessee must not commence work under this agreement until Lessee has
obtained all insurance required herein and such insurance has been approved by
the City. Lessee must not allow any subcontractor to commence work until all
similar insurance required of the subcontractor has been so obtained.
B. Lessee must furnish to the City's Risk Manager, two (2) 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 all liability policies, and a blanket
waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
30-Day Written Notice of Cancellation
required on all certificates or by applicable
policy endorsements
MINIMUM INSURANCE COVERAGE
Bodily Injury and Property Damage
Per Occurrence / Aggregate
Commercial General Liability including:
1. Commercial Broad Form
2. Premises — Operations
3. Products/Completed Operations Hazard
4. Contractual Liability
5. Independent Contractor
6. Personal Injury
$500,000 COMBINED SINGLE LIMIT
Liquor Liability
Applicable when alcohol being served
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
$1,000,000 COMBINED SINGLE LIMIT
Applicable to paid employees
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND SECTION 11 OF THIS
EXHIBIT
$500,000/$500,000/$500,000
C. In the event of accidents of any kind, the Lessee must furnish the Risk Manager
with copies of all reports of any accidents within ten (10) days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable when Lessee has paid employees: Lessee must obtain workers'
Page 13 of 14
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. Lessee's financial integrity is of interest to the City; therefore, subject to Lessees
right to maintain reasonable deductibles in such amounts as are approved by the
City, Lessee shall obtain and maintain in full force and effect for the duration of
this Contract, and any extension hereof, at Lessee'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). Lessee 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. Lessee 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. Lessee 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;
Page 14 of 14
• 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, Lessee shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Lessee'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 contract.
F In addition to any other remedies the City may have upon Lessee'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 Lessee to
stop work hereunder, and/or withhold any payment(s) which become due to
Lessee hereunder until Lessee demonstrates compliance with the requirements
hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to
which Lessee may be held responsible for payments of damages to persons or
property resulting from Lessee's or its subcontractor's performance of the work
covered under this agreement.
H. It is agreed that Lessee'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.
It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
2011 Tejas Bowmen Archery Club lease ins. req.
6-13-11 ep Risk Mgrnt.
AGENDA MEMORANDUM
Future Item /First Reading for the City Council Meeting of July 17, 2012
Action Item /Second Reading for the City Council Meeting of July 24, 2012
DATE: 6/29/2012
TO: Ronald L. Olson, City Manager
FROM: Michael Morris, Director
MichaelMo @cctexas.com
361- 826 -3464
Corpus Christi Beach Renaming to North Beach
CAPTION:
Ordinance to rename certain areas in the City of Corpus Christi as "North Beach ".
BACKGROUND AND FINDINGS:
The area currently known as Corpus Christi Beach, was originally known as North Beach and was
annexed into the City of Corpus Christi in 1935. In 1959, the City Council passed a resolution to set
aside and dedicate this area as Corpus Christi Beach.
The renaming was discussed at the Corpus Christi Beach Task Force and this request for renaming
has been generated by the Chairman of the Task Force, due to the consensus opinion of the
Comm ittee.
The renaming of Corpus Christi Beach to North Beach was discussed at the June, 2012 meeting of
the Watershore and Beach Advisory Committee. The Committee recommended the proposal to
rename the beach to North Beach.
The City of Corpus Christi entered into a surface lease agreement with the Texas General Land
Office for the actual beach area at Corpus Christi Beach in August of 1984. In review of the lease,
the GLO has no restrictions or limitations on naming of the beach. The GLO has been contacted and
has no objection to the renaming.
The two largest attractions on Corpus Christi Beach (Texas State Aquarium and the Lexington) have
been contacted, as well as the Convention and Visitors Bureau. All strongly support the renaming to
North Beach, as they feel it aids them for marketing purposes.
ALTERNATIVES: Do not approve the renaming and keep the name as is.
OTHER CONSIDERATIONS: N/A
CONFORMITY TO CITY POLICY:
City Council must authorize the renaming.
EMERGENCY / NON-EMERGENCY:
Two readings required.
DEPARTMENTAL CLEARANCES:
Legal
FINANCIAL IMPACT: None
Fiscal Year: 2011-
2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
0
Encumbered /
Expended Amount
0
This item
0
BALANCE
0
Fund(s):
Comments:
RECOMMENDATION:
Staff recommends approval
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Ordinance to rename certain areas in the City of Corpus Christi as
"North Beach ".
Whereas, on February 25, 1959, by Resolution 5283, the Corpus Christi City
Council designated area of the City of Corpus Christi, lying north of the Ship Channel of
the Port of Corpus Christi, Texas and encompassing all of Brooklyn Addition and the
Beach Hotel Addition, as "Corpus Christi Beach ";
Whereas, Resolution 5283 acknowledged that said area had previously for a
long time been known as "North Beach ";
Whereas, the City has received recent requests from tourist attractions in the
area to rename the general area as "North Beach ";
Whereas, the Watershore and Beach Advisory Committee has considered the
name change and recommends its approval of the name change;
Now, therefore, be it ordained by the City Council of the City of Corpus
Christi, Texas:
Section 1. The City Council does hereby waive the Ordinances or Resolutions
applicable to the naming of areas or facilities of the City.
Section 2. That Resolution 5283 is repealed.
Section 3. That the portions of the City of Corpus Christi, Texas, ( "City "), lying
north of the Ship Channel which are identified on the attached Exhibit as Brooklyn
Addition, Corpus Beach Hotel Addition, Porto Bello Subd., North Beach Park Subd.,
Lady Lex Subd., Tx State Aquarium Subd., Navigation Reserve, Beach Place Condo,
The Breakers Condo, Las Brisas Condo, and Villa Del Sol Condo, be and the same are
hereby officially known and designated as "North Beach ".
Section 4. That the beach area formerly referred to as Corpus Christi Beach, as
described by metes and bounds in the State of Texas Lease No. CL 84 -004, is renamed
as North Beach.
Section 5. This Ordinance takes effect on date of final City Council approval.
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 David Loeb
Chris N. Adler John E. Marez
Kelley Allen Nelda Martinez
Larry Elizondo Mark Scott
Priscilla G. Leal
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 David Loeb
Chris N. Adler John E. Marez
Kelley Allen Nelda Martinez
Larry Elizondo Mark Scott
Priscilla G. Leal
PASSED AND APPROVED, this the day of , 2012.
ATTEST:
Armando Chapa Joe Adame
City Secretary Mayor
Legend
Villa Del Sol Condo
Las Brisas Condo
The Breakers Condo
Beach Place Condo
Navigation Reserve
Tx State Aquarium Subd.
Lady Lex Subd.
North Beach Park Subd.
Porto Bello Subd.
Corpus Beach Hotel Addition
Brooklyn Addition
North Beach
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AGENDA MEMORANDUM
First Reading for City Council Meeting of July 17, 2012
Second Reading for City Council Meeting of July 24, 2012
DATE: 7/17/12
TO: Ronald L. Olson, City Manager
FROM: Peter M. Davidson Marina Superintendent
(361) 826-3983
PeterD(a�cctexas.com
TPWD Corpus Christi Marina Boat Pump -Out System
CAPTION:
Ordinance authorizing the City Manager or designee to execute all documents
necessary to accept a grant from the Texas Parks and Wildlife Department in the
amount of $12,457.00 for the Corpus Christi Marina boat pump -out system, with a
City match of $4,152.50 in the No. 4700 Marina Fund for a total project cost of
$16,609.50; and appropriating the $12,457.00 grant in the No. 1058 Marina Grants
Fund for a boat pump -out system for the Corpus Christi Marina.
BACKGROUND AND FINDINGS:
The use of this equipment is free of charge to all boating public 24/7. The City of Corpus Christi Marina, Public
Boat Sewage Pump -Out Equipment is worn -out beyond repair. This machinery must be replaced with new to
keep our bay waters and marina clean and free of sewage. The City of Corpus Christi Marina has been
approved and awarded a 75% grant through the U.S. Fish and Wildlife Service through their Clean Vessel Act
(CVA) grant program, administered by the Texas Parks and Wildlife Department. The Corpus Christi Municipal
Marina was the first designated "Clean Marina" in the State of Texas. At present temporary alternate sewage
pumpout equipment is being utilized.
The grant emanates from the U.S. Fish and Wildlife Service providing $11.4 million in grants to 24 states under
the Clean Vessel Act (CVA) grant program. Since its creation in 1992, the CVA program has provided funds to
States to construct, replace, renovate, and maintain facilities that assist recreational boaters in properly
disposing of on -board septic waste. The program also provides information and education on the importance,
benefits, and availability of pump -outs. Funds for the CVA program are provided annually from the Sport Fish
Restoration and Boating Trust Fund. Over the past 20 years, the Service's Wildlife and Sport Fish Restoration
Program has awarded almost $200 million in CVA grants. I am pleased that these efforts are put in place to
benefit wildlife, sport fishing, recreational boating, and communities across America
ALTERNATIVES:
Not to accept the grant
OTHER CONSIDERATIONS:
Not Applicable
CONFORMITY TO CITY POLICY:
This purchase conforms to the City's purchasing policies and procedures and State statutes regulating
procurement.
EMERGENCY / NON - EMERGENCY:
Non - emergency
DEPARTMENTAL CLEARANCES:
Marina Department
FINANCIAL IMPACT:
Fiscal Year: 2011 -2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Maintenance &
Repairs
$40,000.00
$0
$40,000.00
Encumbered /
Expended Amount
$24,941.00
$0
$24,941.00
This item
$4,152.50
$0
$4,152.50
BALANCE
$10,906.50
$0
$10,906.50
Marina Reserve
$35,000.00
$0
$35,000.00
This Item
$12,457.00
$0
$12,457.00
BALANCE
$22,543.00
$0
$22,543.00
Comments: Fund(s): Marina Fund (35300), Marina Reserve (80050)
RECOMMENDATION:
Staff recommends approval of the ordinance as presented.
LIST OF SUPPORTING DOCUMENTS:
Texas Parks & Wildlife Department grant acceptance letter dated June 13, 2012
Texas Parks & Wildlife Department — Clean Vessel Act Program Agreement
Approvals: Lisa Aguilar, Assistant City Attorney
Peter Davidson, Marina Superintendent
Constance Sanchez, Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Troy Riggs, Assistant City Manager
Page 1 of 2
Ordinance authorizing the City Manager or designee to execute all
documents necessary to accept a grant from the Texas Parks and
Wildlife Department in the amount of $12,457.00 for the Corpus
Christi Marina boat pump -out system, with a City match of $4,152.50
in the No. 4700 Marina Fund for a total project cost of $16,609.50;
and appropriating the $12,457.00 grant in the No. 1058 Marina Grants
Fund for a boat pump -out system for the Corpus Christi Marina.
Be it ordained by the City Council of the City of Corpus Christi, Texas:
Section 1. The City Manager, or his designee, is authorized to execute all documents
necessary to accept a grant from the Texas Parks and Wildlife Department in the
amount of $12,457.00 for the boat pump -out system for the Corpus Christi Marina, with
a City match of $4,152.50 in the No. 4700 Marina Fund for a total project cost of
$16,609.50
Section 2. That a $12,457.00 grant from the Texas Parks and Wildlife Department is
appropriated in the No. 1058 Marina Grants Fund for a boat pump -out system in the
Corpus Christi Marina.
Page 2of2
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 David Loeb
Chris N. Adler John E. Marez
Kelley Allen Nelda Martinez
Larry Elizondo Mark Scott
Priscilla G. Leal
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 David Loeb
Chris N. Adler John E. Marez
Kelley Allen Nelda Martinez
Larry Elizondo Mark Scott
Priscilla G. Leal
PASSED AND APPROVED, this the day of , 2012.
ATTEST:
Armando Chapa
City Secretary
Joe Adame
Mayor
AGENDA MEMORANDUM
First Reading for City Council Meeting of July 17, 2012
Second Reading for City Council Meeting of July 24, 2012
DATE: June 29, 2012
TO: Ronald L. Olson, City Manager
FROM: Pete Anaya,P.E., Director of Planning & Environmental Services
petean @cctexas.com
826 -3781
Approval of FY 2012 -2013 Proposed Capital Budget & Capital Improvement Planning Guide
CAPTION:
Ordinance approving the Fiscal Year 2012 -2013 Capital Budget and Capital Improvement
Planning Guide in the amount of $212,844,400
PURPOSE:
Ordinance approving the Fiscal Year 2012 -2013 Capital Budget and Capital Improvement
Planning Guide in the amount of $212,844,400
BACKGROUND AND FINDINGS:
The City Charter requires City Council to review the recommendations of the Planning
Commission and act on the Capital Budget on a yearly basis. A public hearing was held before
the Planning Commission on Wednesday, June 20, 2012. The Planning Commission
unanimously approved the FY 2012 -2013 Proposed Capital Budget & Capital Improvement
Planning Guide.
ALTERNATIVES:
None, approval of the second reading is scheduled for July 24, 2012.
OTHER CONSIDERATIONS:
None
CONFORMITY TO CITY POLICY:
Conforms to statues regarding approval of the FY 2012 -2013 Capital Budget and Capital
Improvement Planning Guide and is consistent with the Comprehensive Plan.
EMERGENCY / NON - EMERGENCY:
Non - emergency
DEPARTMENTAL CLEARANCES:
Office of Management and Budget and Finance Department
FINANCIAL IMPACT:
❑ Operating
X Revenue
X Capital
❑ Not applicable
Fiscal Year: 2011-
2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
$0
$0
$0
$0
Encumbered /
Expended Amount
$0
$0
$0
$0
This item
$0
$0
$212,844.400
$212,844,400
BALANCE
$0
$0
$212,844.400
$212,844,400
Fund(s):
Comments: It will approve the projects and appropriate the funds required to proceed with the
Fiscal Year 2012 -2013 Capital Improvement Program.
RECOMMENDATION:
City staff recommends approval of the ordinance.
LIST OF SUPPORTING DOCUMENTS:
Exihibit A: Ordinance on FY 2012 -2013 Capital Budget and Capital Improvement Planning
Guide
Exihibit B: Power Point on FY 2012 -2013 Capital Improvement Program Budget and Planning
Guide
Ordinance approving the FY 2013 Capital Budget and Capital
Improvement Planning Guide in the amount of $212,844,400.
Be it ordained by the City Council of the City of Corpus Christi, Texas:
Section 1. That the FY 2013 Capital Budget and Capital Improvement Planning
Guide in the amount of $212,844,400 is hereby approved. A copy of the FY
2013 Capital Budget and Capital Improvement Planning Guide will be filed in the
Office of the City Secretary.
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
Chris N. Adler
Kelley Allen
Larry Elizondo
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
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 David Loeb
Chris N. Adler John E. Marez
Kelley Allen Nelda Martinez
Larry Elizondo Mark Scott
Priscilla G. Leal
PASSED AND APPROVED, this the day of , 2012.
ATTEST:
Armando Chapa
City Secretary
Joe Adame
Mayor
• .•
• •• • .•
CITY OF CORPUS CHRISTI, TEXAS
FY 2012-2013 PROPOSED CAPITAL BUDGET
CAPITAL IMPROVEMENT PLANNING GUIDE
s
Capital Budget Highlights
• New for this year, project scopes also reference what, if any,
strategic/comprehensive plan to which the project is associated.
Information may be located on each individual project page
immediately preceding the project description.
• Proposed utility rate requests include a 5% increase for
residential water (7,000 gals per month) and 0% rate increase for
Wastewater and Gas.
• For Utility Capital, the "Commercial Paper" program was
eliminated and replaced with Revenue Bonds to provide more
project structure.
• Work continues on the Capital Improvement Program
Resolutions approved March 8, 2011
2
Capital Budget Approach
•Projects included in the CIP budget are developed using
master plans, studies, observation, and staff, council
and citizen input. Each department: proposes projects,
determines the scope of work to be accomplished,
develops estimates and prioritizes their proposals.
•Focus on Completion of Bond Projects.
• Continue with Broadway Wastewater Treatment Plant
work.
• Continue pro -active approach for
infrastructure replacement.
• Focus on Council Directives and Goals.
• Securing funding for projects with the least impact on 3
utility rates and taxes.
2013 Funding Sources by Type: $212,844.4
ounts in 000's)
Commercial
Paper/Revenue Bonds,
$127,956.6, 60%
Certificates of
Obligation, $7,832.0,
4%
Operating
Transfers/Other,
$4,716.9, 2%
Bond Issue 2004
Proceeds, $231.1, 0%
Bond Issue 2008
Proceeds, $43,560.7,
20%
Grant, $10,845.0,
5%
Sales Tax Proceeds
(4A), $14,039.0, 7%
Community
Development Block
Grants, $356.5, 0%
Texas Parks & Wildlife
Grant, $2,157.6, 1%
Tax Increment
Financing District
Revenue, $1,149.0,
1%
4
2013 Funding Uses by Program:
(Amounts in 000's)
Streets, $34,140.6,
16%
Public Facilities,
$5,631.4, 3%
Public Health &
Safety, $18,008.1,
9%
Parks & Recreation,
$12,893.3, 6%
Gas, $2,814.8, 1%
Storm Water,
$39,175.1, 19%
2
2,844.4
Airport, $13,550.0,
6%
Wastewater,
$58,155.1, 27%
Water, $28,476.0,
5
Millions
$250
$200
$150
$100
REVENUES BY TYPE
(3 Years)
$0
FY 2013
Other (TxDOT, TIF#2, Military Rev. Loan, etc.)
Certificates of Obligation
G. O. Bonds
FY 2014 FY 2015
▪ Grants (FEMA, CDBG, TPW, etc.)
Sales Tax Proceeds (4A)
■ Comm. PaperlRev. Bonds
6
PROG EXPENDITU
Million (3 Years)
$250 --,---
$200
$150
$100
$50
$0
FY 2013
Gas
re Public Health & Safety
Storm Water
FY 2014
- Public Facilities
II Parks & Recreation
Wastewater
FY 2015
• Airport
Water
Streets
7
Budgeted UtiEity Rates
10 Year Utility Rates by Utility (with 10 Year Cumulative Impact}
fansomil ggiticlutowjanowcins* calt20171160.40111til240141400M8*- Itint2022
Average ICL Residential Water Bill
Increase (water rate classes on
following page)
Wastewater
Gas
1
50% 3,1.3564%% -.°576:60 -13'81Y° -11:9-Om°4%
i 28% 1.9% t8% 1.4%
O ,00%1 8.1% 808% 87% 888% 442%
O .005'iol 0.00% 0-001V* Z50% 3.1O% 3.,20% 29O% 255% 290% tov79
Note: Rate impacts on the various water rate classes is shown on the following page.
9
10 Year
rater Rates by Class (with 10 Year Cumulative Impact)
,k*NWIVVIVtitltnlfplt6
4151W44.ea*..o.-
aniglatteataN.
*w,:**v•iae,ta-gaw
4,01,, OCOTOV,
INSIDE -CITY
Residential
2,000 galsimo
3,000 gals/mo
5,000 gals/mo
7,000 gaIsimo COMMUNITY AVG
10,000 gals/mo
15,000 gals/mo
20,000 gals/mo
30,000 gals/mo
50,000 gals/mo
Commercial
10,000 gals/mo
25,000 gals/mo
50,000 gals/mo
100,000 gals/mo
500,000 gals/mo
Large Volume
15,000,000 gals/mo
25,000,000 gals/mo Average ICL Lv
100,000,000 gals/mo
OUTSIDE -CITY
Large Volume
15,000,000 gals/mo
25,000,000 gals/mo
100,000,000 gals/mo
Wholesale
SPMWD 1,000,000 gals/mo
STWA 1,000,000 gals/mo
NCWCID #4 1,000,000 gals/mo
1.5%
3.8%
5.0%1
6.0%
6.9%
7.5%
8.0%
8.5%
-0.1% 0.1% 0.9% 0.0% -1.6% -0.5% -0.2% -0.6% --1„.0/
00
0/
2.6% 1.3% 1.4% 0.9% -0.2% -0.1% -0.4% -0.7% 1
4.7% 2.4% 1.7% 1.5% 0.9% 0.2% -0.5% -0.8% -1.0%
5.8% 2.8% 1.9% . 1.4% 0.4% -0.6% -0.8% -1.0%
6.6% 3.2% 2.0% 2,0% 1.9% 0.5% -0.6% -0.8% 1.0%
0.6% -0.6% -0.8% 0.9%-
7.8% 3.7% 2.0%
7.3% 3.5% 2.0% 2.2% 2.3%
2.3% 2.6% 0.7% -0.6% -0.7% -0.8%
8.1% 3.8% 2.0% 2.4% 2,8% 0.8% -0.6% -0.7% -0.8%
8.5% 4.0% 2.0% 2.4% 3.1% 0.9% -0.6% -0.7% -0.7%
5.6% 6.4% 3.1% 1.9% 1.9% 2.0% 0.5% -0.6% -0.7% -0.9%
6.8% 7.5% 3.6% 2.1% 2.2% 2.4% 0.7% -0.6% -0.8% -0.9%
7.1% 7.8% 3.7% 2.1% 2.3% 2.5% 0.7% -0.6% -0.8% -0.9%
7.2% 7.9% 3.7'% 2.1% 2.3% 2.6% 0.7% -0.6% -0.8% -0.9%
7.5% 8.1% 3.8% 2.1% 2.4% 2.7% 0.7% -0.6% -0.8% -0.9%
-2.5% 1.2% 0.5% 1.8% 0.8% -1.9% -0.7% -0.3% -1_1% -1.7%
-3.3% 2.5% 0.9% 2.3% 1,5% -1.5% -0.8% -0.3% -1.4% -1.8%
-4.5% 4.5% 1.6% 3.0% 2.4% -1.0% 3.7% 0.9% 3.6% 2.3%
-2.5% 1.2% 0.5% 1.8% 0.8% -1.9% -0.7% -0.3% -1.1% 1.7%
-3.3% 2.5% 0.9% 2.3% 1.5% -1.5% -0.8% -0.3% -1.4% -1.8%
-4.5% 4.5% 1.6% 3.0% 24% -1.0% 3.7% 0.9% 3.6% 2.3%
-4.0% 2.5% 1.7% 7.0% 3.8% -2.6% -0.8% 1.2% -0.1% -2.7%
-4.0% 2.5% 1,7% 7.0% 3.8% -2.6% -0.8% 1.2% -0.1% -2.6%
-4.9% 5.2% 1.8% 3.3% 2.8% -0.8% -0.8% -0.2% -1.9% -2.1%
10
Remaining Events/Ac ons
Tuesday, July 24, 2012 Regular City Council Meeting - Council
Discussion & Approval
11
AGENDA MEMORANDUM
First Reading for the City Council Meeting of July 17, 2012
Second Reading for the City Council Meeting of July 31, 2012
DATE: July 10, 2012
TO: Ronald L. Olson, City Manager
FROM:
Eddie Houlihan, Assistant Director, Management and Budget
eddieho @cctexas.com
826 -3792
Adoption of Proposed FY 2012 -2013 Operating Budget
CAPTION:
Ordinance adopting the City of Corpus Christi budget for the ensuing fiscal year
beginning August 1, 2012; to be filed with the County Clerk; appropriating monies as
provided in the budget; and providing for severance.
PURPOSE:
To adopt budget for upcoming fiscal year as per charter requirement.
BACKGROUND AND FINDINGS:
City Charter requires City Council to review and act on the Operating Budget on a
yearly basis.
ALTERNATIVES:
None. Approval of the budget is required by City Charter.
OTHER CONSIDERATIONS:
None.
CONFORMITY TO CITY POLICY:
This item conforms to City Policies.
EMERGENCY / NON-EMERGENCY:
This item requires two readings. The Second Reading is scheduled on July 31, 2012.
DEPARTMENTAL CLEARANCES:
Office of Management and Budget
FINANCIAL IMPACT:
® Operating
® Revenue
❑Capital
❑Not applicable
Fiscal Year: 2011-
2012
Project to Date
Expenditures
(CIP only)
Current
Year
Future Years
TOTALS
Line Item Budget
730,351,256.00
730,351,256.00
Encumbered /
Expended Amount
0.00
0.00
This item
0.00
0.00
BALANCE
730,351,256.00
730,351,256.00
Fund(s): All Operating Funds
Comments
Total proposed expenditures are $730,351,256 and total proposed revenues are
$723,139,064 which includes an increase of $1,880,999 in property tax revenues over
the prior year.
RECOMMENDATION:
Approval of Ordinance as submitted.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
AN ORDINANCE
ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING
FISCAL YEAR BEGINNING AUGUST 1, 2012; TO BE FILED WITH THE COUNTY
CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND
PROVIDING FOR SEVERANCE.
WHEREAS 11111 E D °°°DIEDDID 0 E DOD 11IDD 11 DE1(D E) DDI0DDO10 IIIII 1 0 DIED
2 D01110 HO 0 DO 1Q 0- 0000 -110 DE DOOMED DDOODDD- LIDDOO(D DOMED 1000D —HID
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11
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. 000010 E 001100D010 0 111111 DOD 0100 0 OED 0000EO 0100000 000000E1D
D0 DOMED m 11730 351,256 000 DDE DID 1D000DD DODOMED 1 11723,1 39 064 ID IE 0 :BE
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001100, D 111 000110 - -0 - 11- 011_0000 00 D_0011-1111D DlE DIT1100m0® 0011100.
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 David Loeb
Chris N. Adler John E. Marez
Kelley Allen Nelda Martinez
Larry Elizondo Mark Scott
Priscilla G. Leal
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 David Loeb
Chris N. Adler John E. Marez
Kelley Allen Nelda Martinez
Larry Elizondo Mark Scott
Priscilla G. Leal
PASSED AND APPROVED, this the day of , 2012.
ATTEST:
Armando Chapa
City Secretary
Joe Adame
Mayor
AGENDA MEMORANDUM
First Reading for the City Council Meeting of July 17, 2012
Second Reading for the City Council Meeting of July 31, 2012
DATE: July 10, 2012
TO: Ronald L. Olson, City Manager
FROM:
Eddie Houlihan, Assistant Director, Management and Budget
eddieho @cctexas.com
826 -3792
Ratify increase in Property Tax Revenues for 2012 -2013 Operating Budget
CAPTION:
Ordinance to ratify increase of $1,880,999 in property tax revenues from last year's
operating budget as reflected in the 2012 -2013 operating budget.
PURPOSE:
To ratify increase in property taxes in budget for upcoming fiscal year as per Section
102.007(c) of the Local Government Code.
BACKGROUND AND FINDINGS:
The 2012 -2013 Operating Budget includes an increase in tax revenues which is
required to be ratified by the City Council.
ALTERNATIVES:
None. Approval of the increase in the tax revenues budget is required by the Local
Government Code.
OTHER CONSIDERATIONS:
None.
CONFORMITY TO CITY POLICY:
This item conforms to City Policies.
EMERGENCY / NON-EMERGENCY:
This item requires two readings. The Second Reading is scheduled on July 31, 2012.
DEPARTMENTAL CLEARANCES:
Office of Management and Budget
FINANCIAL IMPACT:
® Operating
® Revenue
❑Capital
❑Not applicable
Fiscal Year: 2011-
2012
Project to Date
Expenditures
(CIP only)
Current
Year
Future Years
TOTALS
Line Item Budget
1,880,999.00
1,880,999.00
Encumbered /
Expended Amount
0.00
0.00
This item
0.00
0.00
BALANCE
1,880,999.00
1,880,999.00
Fund(s): All Operating Funds
Comments
Total proposed expenditures are $730,351,256 and total proposed revenues are
$723,139,064 which includes an increase of $1,880,999 in property tax revenues over
the prior year.
RECOMMENDATION:
Approval of Ordinance as submitted.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Ordinance to ratify increase of $1,880,999 in property tax
revenues from last year's operating budget as reflected in the
2012 -2013 operating budget.
Whereas, Section 102.007 (c) of the Texas Local Government Code provides
that adoption of a budget that will require raising more revenue from property
taxes than in the previous year requires a separate vote of the governing body to
ratify the property tax increase reflected in the budget and that a vote under this
subsection is in addition to and separate from the vote to adopt the budget or a
vote to set the tax rate;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Council ratifies the increase of $1,880,999 in property
tax revenues from last year's operating budget as reflected in the 2012 -2013
Operating Budget.
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 David Loeb
Chris N. Adler John E. Marez
Kelley Allen Nelda Martinez
Larry Elizondo Mark Scott
Priscilla G. Leal
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 David Loeb
Chris N. Adler John E. Marez
Kelley Allen Nelda Martinez
Larry Elizondo Mark Scott
Priscilla G. Leal
PASSED AND APPROVED, this the day of , 2012.
ATTEST:
Armando Chapa
City Secretary
Joe Adame
Mayor
AGENDA MEMORANDUM
Future Item for the City Council Meeting of July 17, 2012
Action Item for the City Council Meeting of July 31, 2012
DATE: July 6, 2012
TO: Ronald L. Olson, City Manager
FROM: Herb Canales, Director, Libraries
HerbC @cctexas.com
361- 826 -7070
Ordinance changing Library fees and fines.
CAPTION:
Amending Section 2 -79 "Fees" of the Code of Ordinances by defining lost item, referring
accounts with a lost item to collection, modifying lost item fee processing, authorizing
replacement library card fee, authorizing increase in overdue fees for audio /visual items;
providing an effective date; providing for severance; and providing for publication.
PURPOSE:
Increasing fines for overdue audio /visual materials from $0.25 to $1.00 per day. Establishing
fee for replacement cards at $2.00 per card. Refunding one half the price of an item if said item
has been paid for and returned. Establishing referral to collection agency for any lost item
regardless of its value.
BACKGROUND AND FINDINGS:
Audio /visual materials are more costly. There is a cost associated with issuing cards.
Refunding one half the price of the item encourages that the item be returned. Referring to a
collection agency any lost item will encourage return.
ALTERNATIVES:
None
OTHER CONSIDERATIONS:
None
CONFORMITY TO CITY POLICY:
Not Applicable
EMERGENCY / NON - EMERGENCY:
Not Applicable
DEPARTMENTAL CLEARANCES:
Not Applicable
FINANCIAL IMPACT:
❑ Operating X Revenue
❑ Capital
❑ 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):
Comments: New fees, impact unknown at this time.
RECOMMENDATION:
Staff recommends approval
LIST OF SUPPORTING DOCUMENTS:
Ordinance
AN ORDINANCE
AMENDING SECTION 2 -79 "FEES" OF THE CODE OF ORDINANCES
BY DEFINING LOST ITEM, REFERRING ACCOUNTS WITH A LOST
ITEM TO COLLECTION, MODIFYING LOST ITEM FEE PROCESSING,
AUTHORIZING REPLACEMENT LIBRARY CARD FEE, AUTHORIZING
INCREASE IN OVERDUE FEES FOR AUDIONISUAL ITEMS;
PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE;
AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Section 2 -79 is revised to read as follows: Sec. 2 -79. - Fees.
(a) Overdue fees:
(1) Each library item, per day $0.25 for books, $1.00 for recordings,
audiocassettes, compact discs, videocassettes, and DVDs
(2) Maximum overdue fee Actual replacement cost or original cost of item,
whichever is greater
(b) Collection fee: $10.00
Any account with a "Lost" item or any account of twenty -five dollars
($25.00) or more that is unpaid for sixty (60) days or more,- and is referred
for collection to a private vendor, shall be assessed a ten - dollar (10.00)
collection fee.
(c) Photocopy fee, per page: $0.15
(d) Lost library item processing fee: $5.00 per lost library itcm, in addition to paymcnt
of list pricc for rcplaccmcnt of thc lost itcm. The $5.00 lost library itcm proccssing
fcc will be rcfundcd if thc itcm is found and rcturncd to thc library. An item is
deemed lost on the 31st day after date due. At that time, patron is assessed the
cost of the item or actual replacement cost, whichever is greater, plus a $5.00
processing fee.
(1) If a lost item is returned in good condition after patron has paid the cost of
the item and fees, the $5.00 processing fee is refunded and accrued fees paid or
up to half the cost of the item, whichever is less is refunded.
(2) If a lost item is returned in good condition and patron has not paid the cost
of the item and fees, patron is charged accrued fees or up to half the cost of the
item, whichever is less, and is not charged the $5.00 processing fee.
(3) If a lost item is not in good condition when returned, the cost of the item or
actual replacement cost, whichever is greater will be assessed plus the $5.00
processing fee.
(e) Annual nonresident library fee: $25.00
The annual nonresident library fee shall not apply to the following:
(1) Members of the armed forces (and their dependents) stationed (i) within
the City limits or (ii) at the Coast Guard Station, Port Aransas, Texas;
(2) Temporary residents residing within the City limits for six (6) weeks or
more;
(3) Students currently enrolled at (i) Texas A & M University- Corpus Christi or
(ii) Del Mar College; and
(4) Nonresidents who own real property within the City limits.
Interlibrary loan service fees:
(1) Residents of the city, per item: $2.75
(2) Nonresidents of the state, per item: $15.00
Residents of the city will also be charged for the full cost of any fees
assessed by the lending library.
Replacement Library Cards: Lost or stolen cards must be reported immediately.
There is a $2.00 charge for replacement cards.
(f)
(g)
SECTION 2. The effective date of this ordinance is August 1, 2012.
SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 4. Publication shall be made one time 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 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 David Loeb
Chris N. Adler John Marez
Kelley Allen Nelda Martinez
Larry Elizondo, Sr Mark Scott
Priscilla G. Leal
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 David Loeb
Chris N. Adler John Marez
Kelley Allen Nelda Martinez
Larry Elizondo, Sr Mark Scott
Priscilla G. Leal
PASSED AND APPROVED this the day of , 2012.
ATTEST:
Armando Chapa
City Secretary
Joe Adame
Mayor
AGENDA MEMORANDUM
for the City Council Meeting of July 17, 2012
DATE: June 15, 2012
TO: Ronald L. Olson, City Manager
FROM: Michael Armstrong, Director of MIS
michaelar@cctexas.com
826 -3735
Repealing the Code of Ordinances, City of Corpus Christi, Chapter 17, Repealing the Electronic
Utility Payment Processing Fee effective August 1, 2012.
CAPTION:
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 17,
Finance, by repealing Section 17 -3.1, regarding utility payments convenience fee;
providing for severance; providing for publication; and providing for effective date of
August 1, 2012.
PURPOSE:
Repealing the electronic processing fee for online and IVR utility payments will encourage
customers to use these services resulting in higher collection rates.
BACKGROUND AND FINDINGS:
In April 2009, the City Council lowered the utility payment electronic processing fee from $2.50
to $1.68. This fee is assessed to residential customers paying with a credit card through the
City's online and IVR (telephone) utility payment applications. Since the reduction of the fee in
2009 we have seen the number of dollars collected more than double from $11,748,845 in 2009
to $25,965,768 so far in 2012.
We are confident that more customers will be encouraged to use both the online and IVR
(telephone) utility payment applications if they are not assessed an electronic processing fee.
This is the preferred method of payment as it is more efficient than other methods. The utility
departments, Water, Wastewater and Gas Departments will incur the cost for the assessed
bank transaction fees.
Due to the increased revenue being collected by the online and IVR utility payment systems,
staff recommends elimination of the $1.68 electronic processing fee.
ALTERNATIVES:
Denial of the request to repeal the electronic processing fee for online and IVR utility payments.
OTHER CONSIDERATIONS:
Not applicable.
CONFORMITY TO CITY POLICY:
Not applicable.
EMERGENCY / NON - EMERGENCY:
Non - emergency.
DEPARTMENTAL CLEARANCES:
Legal Department
Water Department
Wastewater Department
Gas Department
MIS Department
FINANCIAL IMPACT:
❑ Operating
❑ Revenue
❑ Capital
❑ 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
($252,081)
(252,081)
BALANCE
Fund(s):
Comments: Eliminating the electronic processing fee will result in a loss of approximately
$252,081 of revenue in the Municipal Information Systems Fund.
RECOMMENDATION:
Staff recommends approval of the Ordinance.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
AGENDA MEMORANDUM
for the City Council Meeting of July 17, 2012
DATE: 7/6/2012
TO: Ronald L. Olson, City Manager
FROM: Daniel Biles, P.E., Director of Engineering Services
DanB @cctexas.com
(361) 826 -3729
CAPTION:
PERMIT FEE INCREASES
FOR TRAFFIC ENGINEERING APPLICATION PROCESS
Ordinance amending Section 49 -16 of the Code of Ordinances to revise and increase fees for
temporary street closure permits, classify and add permit fees for parades, walks, marches, and
sporting events, and provide authority for the traffic engineer to issue all temporary street closure
permits; providing for severance; and providing for publication.
Ordinance amending Section 3- 3(2)(c) of the Code of Ordinances to increase the fee for a banner
permit from $ 25.00 to $ 35.00; providing for severance; providing for publication.
Ordinance amending Section 53 -88 of the Code of Ordinances to provide for an administrative fee of
$ 100.00 to initiate a traffic calming study device process; providing for severance; and providing for
publication.
BACKGROUND AND FINDINGS:
Traffic Engineering request for Council to consider the increase in fees for the following permits:
Street Closure Neighborhood Events:
An increase to $120.00 is proposed for a Neighborhood Event which required one residential
neighborhood street between two intersecting streets (one block) for one day only, less than 12
continuous hours, not requiring the closure past 12:00 a.m. This increase should not affect the
applicants who are holding the event. Currently we assist approximately 40 applicants on
neighborhood events. One hundred percent 100% participation is required by all residents residing
along the residential street where the event will be taking place. Neighborhood event permits will
require the use of traffic control devices. If available, the city will provide the necessary devices to be
picked up by an applicant for a refundable deposit of 100.00. Applicants who fail to return any traffic
control devices or materials as scheduled to the city will forfeit the amount deposited.
Street Closure for Small Events:
An increase in fees is proposed for small Special Events which requires the closure of one minor street
adjacent to churches, schools, or other public institutions between two intersecting streets (one block)
for one day only, for a maximum duration of 12 hours. The event hours shall not go past 12 a.m.
(midnight) The fee increase is based on the number of participants expected to attend the event.
50 to 100 participants $120.00
100 to 200 participants $200.00
200 to 300 participants $300.00
City Traffic Engineering will provide a traffic control plan and direction on the set up of traffic control
devices. A fee of $50.00 dollars will be accessed for three (3) sets of traffic control plan prints. An
additional fee of $50.00 will be charged for any additional changes to the approved traffic control plan.
If available, the city will provide the necessary devices, which may be picked up by and applicants for
a refundable deposit of $100.00. Applicants who fail to return any traffic control devices or materials
as scheduled to the city shall forfeit the amount deposited.
Events of more than 300 participants will be considered a Large /Special Event.
Street Closure for Large /Special Events:
An increase in fees is proposed for a Large /Special Event which will require one or more major
streets, such as arterial or collector streets, or involves extensive detouring. The fee increase is
based on the number of participants expected to attend the event.
Fenced perimeter and 300 or less participants
Unfenced perimeter and 300 or less participants
Fenced perimeter and more than 300 participants
Unfenced perimeter and more than 300 participants
$ 300.00
$ 350.00
$ 400.00
$ 500.00
City Traffic Engineering will provide a traffic control plan. Applicants may chose to obtain a traffic
control design by separate contract with a consultant. A fee of $ 200.00 will be accessed for three (3)
sets of traffic control plan prints. An additional fee of $ 100.00 will be charged for any changes to the
approved traffic control plan. A review fee of $ 100.00 will be charged for the required review of traffic
control plans submitted by and applicant's consultant.
For large /special events, applicants will be required to contract with a private barricading company to
provide the required traffic control set up.
Parades/Walks /Marches /Sporting Events
There are currently no fees for events such as Parades, Walks, Marches, Fun Runs, and Sporting
Events. Traffic Engineering reviews and approves permits affecting the City Right of Way. Currently
there are approximately 100 permits issued yearly. Traffic Engineering is proposing to administer a
fee for the application process and additional services based on the number of participants.
0 to 50 participants
50 to 100 participants
100 to 200 participants
200 to 300 participants
Above 300 participants
$ 45.00
$ 100.00
$ 200.00
$ 300.00
$ 500.00
City Traffic Engineering will provide a traffic control plan when necessary. Event organizer may
chose to obtain a traffic control design plan through a consultant.
For events with 300 or less participants:
A fee of 50.00 dollars will be accessed for three (3) sets of traffic control plan prints. An additional fee
of 50.00 will be charged for any additional changes to the approved traffic control plan.
For events more than 300 participants
A fee of 200.00 will be accessed for three (3) sets of traffic control plan prints. An additional fee of
100.00 will be charged for any additional changes to the approved traffic control plan.
A review fee of $ 100.00 will be charged for the required review of traffic control plans submitted by
and applicant's consultant.
For parades, walks, marches, and sporting events, applicants will contract with a private barricading
company to provide the required traffic control set up when necessary and directed by the Traffic
Engineer.
Banner Permits:
An increase in fees to a non refundable processing fee of $35.00 is proposed for the application
process for Banner Permits. Traffic Engineering issues permits for nonprofit customers to install
banners on the City Right of Way at seven (7) existing locations. Approximately 20 permits are
issued annually. Traffic Engineering is responsible for the maintenance of the existing banner poles.
Residential Traffic Management Program
Traffic Engineering is proposing to administer a $ 100.00 fee for beginning the application process for
the Residential Traffic Management Program. This would help the department recover basic fees for
speed hump request and additional services. Speed humps are on a cost share basis with customers
paying from 0% to 100% for the installation of the speed hump only. Currently to study the area for
qualification of installing a speed hump is not reimbursed. Approximately 100 request are received
resulting in about 75 studies a year.
ALTERNATIVES:
Continue with the existing Fees
OTHER CONSIDERATIONS:
N/A
CONFORMITY TO CITY POLICY:
Section 49 -16 Issuance of Permits; classification of events
Section 3 -3 Banners, etc, over public streets.
Section 53 -88 Traffic calming device study process.
EMERGENCY / NON - EMERGENCY:
Non - Emergency
DEPARTMENTAL CLEARANCES:
Finance Department
Legal Department
FINANCIAL IMPACT: Operating Expense / Revenue
Fiscal Year: 2011 -2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
Encumbered
Expended Amount
Check
Reimbursement
This item
BALANCE
Fund(s): General Funds
Comments: Increase revenues to the General Fund
RECOMMENDATION:
City Staff recommends the approval of the proposed fees for cost recovery to the General Fund.
LIST OF SUPPORTING DOCUMENTS:
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
Ordinance amending Section 49 -16 of the Code of Ordinances to
revise and increase fees for temporary street closure permits,
classify and add permit fees for parades, walks, marches, and
sporting events, and provide authority for the city traffic engineer to
issue all temporary street closure permits; providing for severance;
and providing for publication.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 49 -16 of the City of Corpus Christi Code of Ordinances is
amended as shown:
CHAPTER 49 STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
DIVISION 2. TEMPORARY CLOSURE OF STREETS
*
*
*
*
*
Sec. 49 -16. Issuance of permits; classification of events, required fees.
Upon the review and recommendation of the application by-the-city, the
city traffic engineer may issue permits may be issued for the temporary
closure of a street or streets in the following manner:
(a)
Neighborhood events. For neighborhood events at which no
admission is charged and no items are sold and which require the
closure of one (1) residential neighborhood streets located
between two intersecting streets (one block) for less than twelve
(12) continuous hours, not requiring closure past 12:00 a.m.,
permits may be granted by the city traffic engineer
or him+ .Designated representative. Notice of the granting of such
permits shall be provided to the city council. A permit application
fee of one hundred ten dollars ($110.00) one hundred twenty
dollars ($120.00) is required for such events.
Neighborhood events require the participation of one hundred
percent (100 %) of all persons residing along the street to be
closed.
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(b)
Neighborhood event permits will require the use of traffic
control devices. If available, the city will provide the necessary
devices, which may be picked up by an applicant for a
refundable deposit of one hundred dollars ($100.00).
Applicants who fail to return any traffic control devices or
materials to the city shall forfeit the amount deposited.
Small events. For small events which require the closure of one (1)
or ere minor streets located between two intersecting streets
and adjacent to churches, schools, or other public institutions, not
involving extensive detouring of traffic and not requiring closure for
more than twelve (12) continuous hours, permits may be granted by
the city traffic engineer city manager or his designated
representative. Notice of the granting of such permits shall be
provided to the city council. For the purposes of this section, the
term "minor streets" shall mean any streets other than arterial and
collector streets as classified on the urban transportation plan. A
permit application fee is
required for such events based on the following sliding scale:
Approximate number of participants Fee
50 — 100 $120.00
100 — 200 $200.00
200 — 300 $300.00
The city will provide a traffic control plan and direction on the
set up of traffic control devices. A fee of fifty dollars ($50.00)
will be assessed for three (3) sets of traffic control plan prints.
An additional fee of fifty dollars ($50.00) will be charged for
any changes to the approved traffic control plan.
Small events will require the use of traffic control devices. If
available, the city will provide the necessary devices, which
may be picked up by an applicant for a refundable deposit of
one hundred dollars ($100.00). Applicants who fail to return
any traffic control devices or materials to the city shall forfeit
the amount deposited.
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Events of more than 300 participants will be considered a
large /special event.
(c)
Large /special events. For all other events, which shall be treated
as large /special events, including, but not limited to, events which
require the closure of one (1) or more major streets or involve more
extensive detouring of traffic, permits may be issued by the c�
traffic engineer. - e
counnil expressed by motion A permit application fee of -two
is required for such events based on
the following sliding scale:
Approximate number of participants Fee
300 or less, fenced $300.00
300 or less, unfenced $350.00
More than 300, fenced $400.00
More than 300, unfenced $500.00
The city will provide a traffic control plan. Applicants may
choose to obtain a traffic control design plan by separate
contract with a consultant.
For events with 300 three hundred (300) participants or less, a
fee of fifty dollars ($50.00) will be assessed for three (3) sets of
traffic control plan prints. An additional fee of fifty dollars
($50.00) will be charged for any changes to the approved
traffic control plan.
For events with more than three hundred (300) participants, a
fee of two hundred dollars ($200.00) will be assessed for three
(3) sets of traffic control plan prints. An additional fee of one
hundred dollars ($100.00) will be charged for any changes to
the approved traffic control plan.
A review fee of one hundred dollars ($100.000) will be charged
for the required review of traffic control plans submitted by an
applicant's consultant.
u
Parades, walks, marches, sporting events. For all parades,
walks, marches, sporting events, and any other events, which
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shall be treated as large /special events, permits may be issued
by the city traffic engineer. A permit application fee is required
for such events based on the following sliding scale:
Approximate number of participants Fee
0 - 50 $45.00
50 - 100 $100.00
100 - 200 $200.00
200 — 300 $300.00
More than 300 $500.00
The city will provide a traffic control plan when necessary.
Applicants may choose to obtain a traffic control design plan
by separate contract with a consultant.
For events with three hundred (300) participants or less, a fee
of fifty dollars ($50.00) will be assessed for three (3) sets of
traffic control plan prints. An additional fee of fifty dollars
($50.00) will be charged for any changes to the approved
traffic control plan.
For events with more than three hundred (300) participants, a
fee of two hundred dollars ($200.00) will be assessed for three
(3) sets of traffic control plan prints. An additional fee of one
hundred dollars ($100.00) will be charged for any changes to
the approved traffic control plan.
A review fee of one hundred dollars ($100.000) will be charged
for the required review of traffic control plans submitted by an
applicant's consultant.
For large /special events, applicants shall contract with a
private barricading company to provide the required traffic
control set up.
For parades, walks, marches, and sporting events, applicants
shall contract with a private barricading company to provide
the required traffic control set up when necessary and directed
by the city traffic engineer.
In addition to a temporary street closure permit issued under
this section, a person seeking issuance of a parade permit
shall file an application with the chief of police in accordance
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with the Corpus Christi Parade Ordinance, Article VII, Chapter
53 of this Code.
For all events, no refunds shall be given for a cancelled event.
*
*
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*
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance, for it is the definite
intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word or provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
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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 David Loeb
Chris N. Adler John E. Marez
Kelley Allen Nelda Martinez
Larry Elizondo, Sr. Mark Scott
Priscilla G. Leal
The foregoing ordinance was read for the second time and passed finally on this the
day of , 2012, by the following vote:
Joe Adame David Loeb
Chris N. Adler John E. Marez
Kelley Allen Nelda Martinez
Larry Elizondo, Sr. Mark Scott
Priscilla G. Leal
PASSED AND APPROVED on this the day of , 2012.
ATTEST:
Armando Chapa
City Secretary
Joe Adame
Mayor
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AGENDA MEMORANDUM
for the City Council Meeting of July 17, 2012
DATE: 7/6/2012
TO: Ronald L. Olson, City Manager
FROM: Daniel Biles, P.E., Director of Engineering Services
DanB @cctexas.com
(361) 826 -3729
CAPTION:
PERMIT FEE INCREASES
FOR TRAFFIC ENGINEERING APPLICATION PROCESS
Ordinance amending Section 49 -16 of the Code of Ordinances to revise and increase fees for
temporary street closure permits, classify and add permit fees for parades, walks, marches, and
sporting events, and provide authority for the traffic engineer to issue all temporary street closure
permits; providing for severance; and providing for publication.
Ordinance amending Section 3- 3(2)(c) of the Code of Ordinances to increase the fee for a banner
permit from $ 25.00 to $ 35.00; providing for severance; providing for publication.
Ordinance amending Section 53 -88 of the Code of Ordinances to provide for an administrative fee of
$ 100.00 to initiate a traffic calming study device process; providing for severance; and providing for
publication.
BACKGROUND AND FINDINGS:
Traffic Engineering request for Council to consider the increase in fees for the following permits:
Street Closure Neighborhood Events:
An increase to $120.00 is proposed for a Neighborhood Event which required one residential
neighborhood street between two intersecting streets (one block) for one day only, less than 12
continuous hours, not requiring the closure past 12:00 a.m. This increase should not affect the
applicants who are holding the event. Currently we assist approximately 40 applicants on
neighborhood events. One hundred percent 100% participation is required by all residents residing
along the residential street where the event will be taking place. Neighborhood event permits will
require the use of traffic control devices. If available, the city will provide the necessary devices to be
picked up by an applicant for a refundable deposit of 100.00. Applicants who fail to return any traffic
control devices or materials as scheduled to the city will forfeit the amount deposited.
Street Closure for Small Events:
An increase in fees is proposed for small Special Events which requires the closure of one minor street
adjacent to churches, schools, or other public institutions between two intersecting streets (one block)
for one day only, for a maximum duration of 12 hours. The event hours shall not go past 12 a.m.
(midnight) The fee increase is based on the number of participants expected to attend the event.
50 to 100 participants $120.00
100 to 200 participants $200.00
200 to 300 participants $300.00
City Traffic Engineering will provide a traffic control plan and direction on the set up of traffic control
devices. A fee of $50.00 dollars will be accessed for three (3) sets of traffic control plan prints. An
additional fee of $50.00 will be charged for any additional changes to the approved traffic control plan.
If available, the city will provide the necessary devices, which may be picked up by and applicants for
a refundable deposit of $100.00. Applicants who fail to return any traffic control devices or materials
as scheduled to the city shall forfeit the amount deposited.
Events of more than 300 participants will be considered a Large /Special Event.
Street Closure for Large /Special Events:
An increase in fees is proposed for a Large /Special Event which will require one or more major
streets, such as arterial or collector streets, or involves extensive detouring. The fee increase is
based on the number of participants expected to attend the event.
Fenced perimeter and 300 or less participants
Unfenced perimeter and 300 or less participants
Fenced perimeter and more than 300 participants
Unfenced perimeter and more than 300 participants
$ 300.00
$ 350.00
$ 400.00
$ 500.00
City Traffic Engineering will provide a traffic control plan. Applicants may chose to obtain a traffic
control design by separate contract with a consultant. A fee of $ 200.00 will be accessed for three (3)
sets of traffic control plan prints. An additional fee of $ 100.00 will be charged for any changes to the
approved traffic control plan. A review fee of $ 100.00 will be charged for the required review of traffic
control plans submitted by and applicant's consultant.
For large /special events, applicants will be required to contract with a private barricading company to
provide the required traffic control set up.
Parades/Walks /Marches /Sporting Events
There are currently no fees for events such as Parades, Walks, Marches, Fun Runs, and Sporting
Events. Traffic Engineering reviews and approves permits affecting the City Right of Way. Currently
there are approximately 100 permits issued yearly. Traffic Engineering is proposing to administer a
fee for the application process and additional services based on the number of participants.
0 to 50 participants
50 to 100 participants
100 to 200 participants
200 to 300 participants
Above 300 participants
$ 45.00
$ 100.00
$ 200.00
$ 300.00
$ 500.00
City Traffic Engineering will provide a traffic control plan when necessary. Event organizer may
chose to obtain a traffic control design plan through a consultant.
For events with 300 or less participants:
A fee of 50.00 dollars will be accessed for three (3) sets of traffic control plan prints. An additional fee
of 50.00 will be charged for any additional changes to the approved traffic control plan.
For events more than 300 participants
A fee of 200.00 will be accessed for three (3) sets of traffic control plan prints. An additional fee of
100.00 will be charged for any additional changes to the approved traffic control plan.
A review fee of $ 100.00 will be charged for the required review of traffic control plans submitted by
and applicant's consultant.
For parades, walks, marches, and sporting events, applicants will contract with a private barricading
company to provide the required traffic control set up when necessary and directed by the Traffic
Engineer.
Banner Permits:
An increase in fees to a non refundable processing fee of $35.00 is proposed for the application
process for Banner Permits. Traffic Engineering issues permits for nonprofit customers to install
banners on the City Right of Way at seven (7) existing locations. Approximately 20 permits are
issued annually. Traffic Engineering is responsible for the maintenance of the existing banner poles.
Residential Traffic Management Program
Traffic Engineering is proposing to administer a $ 100.00 fee for beginning the application process for
the Residential Traffic Management Program. This would help the department recover basic fees for
speed hump request and additional services. Speed humps are on a cost share basis with customers
paying from 0% to 100% for the installation of the speed hump only. Currently to study the area for
qualification of installing a speed hump is not reimbursed. Approximately 100 request are received
resulting in about 75 studies a year.
ALTERNATIVES:
Continue with the existing Fees
OTHER CONSIDERATIONS:
N/A
CONFORMITY TO CITY POLICY:
Section 49 -16 Issuance of Permits; classification of events
Section 3 -3 Banners, etc, over public streets.
Section 53 -88 Traffic calming device study process.
EMERGENCY / NON - EMERGENCY:
Non - Emergency
DEPARTMENTAL CLEARANCES:
Finance Department
Legal Department
FINANCIAL IMPACT: Operating Expense / Revenue
Fiscal Year: 2011 -2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
Encumbered
Expended Amount
Check
Reimbursement
This item
BALANCE
Fund(s): General Funds
Comments: Increase revenues to the General Fund
RECOMMENDATION:
City Staff recommends the approval of the proposed fees for cost recovery to the General Fund.
LIST OF SUPPORTING DOCUMENTS:
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
Ordinance amending Section 3- 3(2)(c) of the Code of Ordinances to
increase the fee for a banner permit from $25.00 to $35.00; providing
for severance; and providing for publication.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 3- 3(2)(c) of the City of Corpus Christi Code of Ordinances is
amended as shown:
CHAPTER 3 ADVERTISING
ARTICLE I. IN GENERAL
Sec. 3 -3. - Banners, etc., over public streets.
No person may build, construct, fasten, tie, install, remove, or maintain
any banners, streamers or other similar materials ( "banners ") anywhere in the
city in such a manner that the same is above, over or across any public right -of-
way or street or public property within the city except as set out below:
(1)
(2)
The city traffic engineer may issue a permit for installation of
banner for a temporary period of time, set out in the permit, at
specific locations over or across city property or street right -of -way
to a nonprofit organization promoting, or any person engaged in
promoting, a nonprofit public event or activity or donating one
hundred (100) per cent of the net proceeds (less banner costs and
associated banner expenses) to a nonprofit organization, subject to
compliance with the conditions set out below.
Prior to issuance of the permit and installation of banners, the
permittee must:
a.
Furnish a certificate of insurance, meeting the insurance
requirements set by the risk manager, to the city traffic
engineer and risk manager, naming the city as additional
insured, no less than ten (10) business days prior to the first
day of the permitted banner installation.
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c.
d.
Sign an indemnity form indemnifying the city from all
personal injury or property damage that might result from
installing, maintaining, or removing the banners.
Pay a nonrefundable processing fee of twenty-five dollars
{$200} thirty five dollars ($35.00) for administrative costs
associated with issuing the permit.
Agree in writing to install, maintain, and remove the banner
in the manner and at the times set by the city traffic
engineer, and stated in the permit, and to ensure that the
banner remains properly secured during the time it is
permitted.
*
*
*
*
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance, for it is the definite
intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word or provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
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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 David Loeb
Chris N. Adler John E. Marez
Kelley Allen Nelda Martinez
Larry Elizondo, Sr. Mark Scott
Priscilla G. Leal
The foregoing ordinance was read for the second time and passed finally on this the
day of , 2012, by the following vote:
Joe Adame David Loeb
Chris N. Adler John E. Marez
Kelley Allen Nelda Martinez
Larry Elizondo, Sr. Mark Scott
Priscilla G. Leal
PASSED AND APPROVED on this the day of , 2012.
ATTEST:
Armando Chapa
City Secretary
Joe Adame
Mayor
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AGENDA MEMORANDUM
for the City Council Meeting of July 17, 2012
DATE: 7/6/2012
TO: Ronald L. Olson, City Manager
FROM: Daniel Biles, P.E., Director of Engineering Services
DanB @cctexas.com
(361) 826 -3729
CAPTION:
PERMIT FEE INCREASES
FOR TRAFFIC ENGINEERING APPLICATION PROCESS
Ordinance amending Section 49 -16 of the Code of Ordinances to revise and increase fees for
temporary street closure permits, classify and add permit fees for parades, walks, marches, and
sporting events, and provide authority for the traffic engineer to issue all temporary street closure
permits; providing for severance; and providing for publication.
Ordinance amending Section 3- 3(2)(c) of the Code of Ordinances to increase the fee for a banner
permit from $ 25.00 to $ 35.00; providing for severance; providing for publication.
Ordinance amending Section 53 -88 of the Code of Ordinances to provide for an administrative fee of
$ 100.00 to initiate a traffic calming study device process; providing for severance; and providing for
publication.
BACKGROUND AND FINDINGS:
Traffic Engineering request for Council to consider the increase in fees for the following permits:
Street Closure Neighborhood Events:
An increase to $120.00 is proposed for a Neighborhood Event which required one residential
neighborhood street between two intersecting streets (one block) for one day only, less than 12
continuous hours, not requiring the closure past 12:00 a.m. This increase should not affect the
applicants who are holding the event. Currently we assist approximately 40 applicants on
neighborhood events. One hundred percent 100% participation is required by all residents residing
along the residential street where the event will be taking place. Neighborhood event permits will
require the use of traffic control devices. If available, the city will provide the necessary devices to be
picked up by an applicant for a refundable deposit of 100.00. Applicants who fail to return any traffic
control devices or materials as scheduled to the city will forfeit the amount deposited.
Street Closure for Small Events:
An increase in fees is proposed for small Special Events which requires the closure of one minor street
adjacent to churches, schools, or other public institutions between two intersecting streets (one block)
for one day only, for a maximum duration of 12 hours. The event hours shall not go past 12 a.m.
(midnight) The fee increase is based on the number of participants expected to attend the event.
50 to 100 participants $120.00
100 to 200 participants $200.00
200 to 300 participants $300.00
City Traffic Engineering will provide a traffic control plan and direction on the set up of traffic control
devices. A fee of $50.00 dollars will be accessed for three (3) sets of traffic control plan prints. An
additional fee of $50.00 will be charged for any additional changes to the approved traffic control plan.
If available, the city will provide the necessary devices, which may be picked up by and applicants for
a refundable deposit of $100.00. Applicants who fail to return any traffic control devices or materials
as scheduled to the city shall forfeit the amount deposited.
Events of more than 300 participants will be considered a Large /Special Event.
Street Closure for Large /Special Events:
An increase in fees is proposed for a Large /Special Event which will require one or more major
streets, such as arterial or collector streets, or involves extensive detouring. The fee increase is
based on the number of participants expected to attend the event.
Fenced perimeter and 300 or less participants
Unfenced perimeter and 300 or less participants
Fenced perimeter and more than 300 participants
Unfenced perimeter and more than 300 participants
$ 300.00
$ 350.00
$ 400.00
$ 500.00
City Traffic Engineering will provide a traffic control plan. Applicants may chose to obtain a traffic
control design by separate contract with a consultant. A fee of $ 200.00 will be accessed for three (3)
sets of traffic control plan prints. An additional fee of $ 100.00 will be charged for any changes to the
approved traffic control plan. A review fee of $ 100.00 will be charged for the required review of traffic
control plans submitted by and applicant's consultant.
For large /special events, applicants will be required to contract with a private barricading company to
provide the required traffic control set up.
Parades/Walks /Marches /Sporting Events
There are currently no fees for events such as Parades, Walks, Marches, Fun Runs, and Sporting
Events. Traffic Engineering reviews and approves permits affecting the City Right of Way. Currently
there are approximately 100 permits issued yearly. Traffic Engineering is proposing to administer a
fee for the application process and additional services based on the number of participants.
0 to 50 participants
50 to 100 participants
100 to 200 participants
200 to 300 participants
Above 300 participants
$ 45.00
$ 100.00
$ 200.00
$ 300.00
$ 500.00
City Traffic Engineering will provide a traffic control plan when necessary. Event organizer may
chose to obtain a traffic control design plan through a consultant.
For events with 300 or less participants:
A fee of 50.00 dollars will be accessed for three (3) sets of traffic control plan prints. An additional fee
of 50.00 will be charged for any additional changes to the approved traffic control plan.
For events more than 300 participants
A fee of 200.00 will be accessed for three (3) sets of traffic control plan prints. An additional fee of
100.00 will be charged for any additional changes to the approved traffic control plan.
A review fee of $ 100.00 will be charged for the required review of traffic control plans submitted by
and applicant's consultant.
For parades, walks, marches, and sporting events, applicants will contract with a private barricading
company to provide the required traffic control set up when necessary and directed by the Traffic
Engineer.
Banner Permits:
An increase in fees to a non refundable processing fee of $35.00 is proposed for the application
process for Banner Permits. Traffic Engineering issues permits for nonprofit customers to install
banners on the City Right of Way at seven (7) existing locations. Approximately 20 permits are
issued annually. Traffic Engineering is responsible for the maintenance of the existing banner poles.
Residential Traffic Management Program
Traffic Engineering is proposing to administer a $ 100.00 fee for beginning the application process for
the Residential Traffic Management Program. This would help the department recover basic fees for
speed hump request and additional services. Speed humps are on a cost share basis with customers
paying from 0% to 100% for the installation of the speed hump only. Currently to study the area for
qualification of installing a speed hump is not reimbursed. Approximately 100 request are received
resulting in about 75 studies a year.
ALTERNATIVES:
Continue with the existing Fees
OTHER CONSIDERATIONS:
N/A
CONFORMITY TO CITY POLICY:
Section 49 -16 Issuance of Permits; classification of events
Section 3 -3 Banners, etc, over public streets.
Section 53 -88 Traffic calming device study process.
EMERGENCY / NON - EMERGENCY:
Non - Emergency
DEPARTMENTAL CLEARANCES:
Finance Department
Legal Department
FINANCIAL IMPACT: Operating Expense / Revenue
Fiscal Year: 2011 -2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
Encumbered
Expended Amount
Check
Reimbursement
This item
BALANCE
Fund(s): General Funds
Comments: Increase revenues to the General Fund
RECOMMENDATION:
City Staff recommends the approval of the proposed fees for cost recovery to the General Fund.
LIST OF SUPPORTING DOCUMENTS:
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
Ordinance amending Section 53 -88 of the Code of Ordinances to
provide for an administrative fee of $100.00 to initiate a traffic
calming study device process; providing for severance; and
providing for publication.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Sections 53 -88(1) and 53- 88(2)(a) of the City of Corpus Christi Code of
Ordinances are amended as shown:
CHAPTER 53 TRAFFIC
ARTICLE IV. TRAFFIC CONTROL DEVICES
DIVISION 2. RESIDENTIAL TRAFFIC CALMING DEVICES
*
*
*
*
*
Sec. 53 -88. Traffic calming device study process.
The following items describe the procedure to be followed for speed hump or
traffic diverter installation:
(1)
(2)
Project request. Request for speed hump or traffic diverter
installation can be initiated by any one individual, group of
residents, or neighborhood association. A request shall be sent in
writing to the city traffic engineer, and must be accompanied by a
fee of one hundred dollars ($100.00) to cover administrative
costs.
Preliminary review of citizen /neighborhood request.
a.
After a request for a traffic calming device and the required
fee of one hundred dollars ($100.00) has been received,
city staff will conduct an initial investigation of the street's
eligibility in regards to the operational and geometric
characteristics (section 53- 84(a)). The fire and police
department will be forwarded a copy of the petition and
subdivision layout, following determination of the initial
investigation that the basic criteria is satisfied, for these
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b.
department's review and specification of any streets which
should not have calming devices.
If the operational and geometric requirements for eligibility
are not met, or if the fire and police departments do not
approve the request, the street shall not be considered for
the traffic calming device and the requester(s) will be
notified.
*
*
*
*
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance, for it is the definite
intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word or provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
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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 David Loeb
Chris N. Adler John E. Marez
Kelley Allen Nelda Martinez
Larry Elizondo, Sr. Mark Scott
Priscilla G. Leal
The foregoing ordinance was read for the second time and passed finally on this the
day of , 2012, by the following vote:
Joe Adame David Loeb
Chris N. Adler John E. Marez
Kelley Allen Nelda Martinez
Larry Elizondo, Sr. Mark Scott
Priscilla G. Leal
PASSED AND APPROVED on this the day of , 2012.
ATTEST:
Armando Chapa
City Secretary
Joe Adame
Mayor
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AGENDA MEMORANDUM
for the City Council Meeting of July 17, 2012
DATE: June 29, 2012
TO: Ronald L. Olson, City Manager
FROM: Eddie Houlihan, Assistant Director, Management and Budget
eddieho @cctexas.com
826 -3792
Ordinance adjusting water rates and fees
CAPTION:
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities,
regarding water rates and fees; providing for severance; providing an effective date; and
providing for publication.
PURPOSE:
To amend the Code of Ordinances for the revision of water rates and fees.
BACKGROUND AND FINDINGS:
The Proposed FY 2012 -2013 Budget includes estimated revenues generated from increased
fees and rates and new fees /rates necessary to fund specific projects and /or cover existing
operating costs.
ALTERNATIVES:
Not amending the Code of Ordinances
OTHER CONSIDERATIONS:
Not applicable
CONFORMITY TO CITY POLICY:
The Ordinance complies with City Policy.
EMERGENCY / NON - EMERGENCY:
This item requires two readings. The second reading is scheduled on July 17, 2012.
DEPARTMENTAL CLEARANCES:
Water
FINANCIAL IMPACT:
❑ Operating
❑ Revenue
❑ Capital
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):
Comments:
This item has no financial impact on the budget
RECOMMENDATION:
Approval of the Ordinance as submitted.
LIST OF SUPPORTING DOCUMENTS:
Ordinance amending various sections regarding Water Rates
Ordinance amending the Code of Ordinances, City of Corpus Christi,
Chapter 55, Utilities, regarding water rates and fees; providing for
severance; providing an effective date; and providing for publication.
Be it ordained by the City Council of the City of Corpus Christi, Texas:
Section 1. Section 55 -50 of the code of ordinances is amended by revising it to read as follows:
Sec. 55 -50. - Schedule.
(a) Base rates for water service. The rates for water service are as follows:
(1) Monthly minimum charges.
a. Metered treated water customers.
1. Inside city limits ( "ICL "):
Meter Size
(Inches)
August 1, 20112012 to
July 31, 22013
Residential
5/8 —%
$ 8.72
Commercial
5/8 —%
12.58
Residential and Commercial
1
18.87
1%
31.46
2
62.90
3
100.64
4
201.29
6
314.52
8 and larger
629.03
Large Volume
Any size
16,349.00
Temporary construction
1
18.87
1%
31.46
2
62.90
Corpus Christi, Texas, Code of Ordinances
Page 1 of 12
2. Outside city limits ( "OCL "):
Meter Size
(Inches)
August 1, 20112012 to
July 31, 22013
Residential
$390.281
5/8 -%
$ 10.46
Commercial
390.28
5/8 -%
15.10
Residential and Commercial
130.09
1
22.64
1%
37.75
2
75.48
3
120.77
4
241.55
6
377.42
8 and larger
754.84
Large Volume
Any size
27,279.00
Temporary construction
1
22.64
1%
37.75
2
75.48
b. Untreated water customers.
Corpus Christi, Texas, Code of Ordinances
Page 2 of 12
August 1, 2011 -2012 to
July 31, 22013
Minimum monthly service charge, water districts/
municipalities with raw water supply contracts
executed after January 1, 1997
$390.281
Minimum monthly service charge for public
agency for resale untreated water without a raw
water supply contract executed after January 1,
19971
237.70
Minimum monthly service charge, industrial
390.28
Minimum monthly service charge, domestic
13.00
Minimum annual service charge, domestic
130.09
Minimum monthly service charge, agricultural
irrigation water service
195.00
Minimum monthly service charge, temporary
construction water service
260.00
Minimum monthly service charge, temporary
1,500.00
Corpus Christi, Texas, Code of Ordinances
Page 2 of 12
large volume industrial untreated water
customers obtaining water, which is under
contract to the city, from a reservoir under the
exclusive control of a river authority
'Minimum monthly charge for public agency for resale untreated water customer without a raw water
supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a
monthly billing period is less than $237.70, the customer shall be billed $237.70, unless a valid water
supply contract between the customer and city that was executed prior to January 1, 1997, provides for
a minimum annual payment. If a valid water supply contract between the customer and city executed
prior to August 1, 2000, provides for a minimum annual payment, the customer shall pay the minimum
annual payment under the contract.
c. Blended water customers.
August 1, 20112012 to
July 31, 122013
Any size
$27,279.00
(2) Monthly volume charges per 1,000 gallons.
a. Residential rate.
1. Inside city limits:
August 1, "r "72012 to
July 31, 22013
First 2,000 Gallons
Minimum*
Next 4,000 Gallons
$4.172
Next 4,000 Gallons
5.215
Next 5,000 Gallons
5.997
Next 15,000 Gallons
6.577
7.301
Next 20,000 Gallons
8.865
Next 50,000 Gallons
9.648
Over 100,000 Gallons
10.430
*Use the minimum charges in subsection (a)(1).
2. Outside city limits:
Corpus Christi, Texas, Code of Ordinances
Page 3 of 12
August 1, 20112012 to
July 31, 201212013
First 2,000 Gallons
Minimum*
Next 4,000 Gallons
1 1 $1.695
Corpus Christi, Texas, Code of Ordinances
Page 3 of 12
Next 4,000 Gallons
2.119
Next 5,000 Gallons
2.632 2.437
Next 15,000 Gallons
2.967
Next 20,000 Gallons
3.602
Next 50,000 Gallons
4235 3.920
Over 100,000 Gallons
4.578 4.238
*Use the minimum charges in subsection (a)(1).
b. Commercial rate.
1. Inside city limits:
*Use the minimum charges in subsection (a)(1).
2. Outside city limits:
August 1,
July 312013
12012 to
First 2,000 Gallons
Minimum*
$2.412
Over 2,000 Gallons
r' $5.172
*Use the minimum charges in subsection (a)(1).
2. Outside city limits:
*Use the minimum charges in subsection (a)(1).
c. Golf course and athletic field irrigation water inside city limits.
August 1, 12012 to
July 31, 20122013
First 2,000 Gallons
Minimum*
Over 2,000 Gallons
$2.412
*Use the minimum charges in subsection (a)(1).
c. Golf course and athletic field irrigation water inside city limits.
*Use the minimum charges in subsection (a)(1) for ICL customer.
d. Residential irrigation water on separate meter
1. Inside city limits:
August 1, 20112012 to
July 31, 20122013
First 2,000 Gallons
Minimum*
Over 2,000 Gallons
$2.542
*Use the minimum charges in subsection (a)(1) for ICL customer.
d. Residential irrigation water on separate meter
1. Inside city limits:
Corpus Christi, Texas, Code of Ordinances
Page 4 of 12
August 1, 2012 to
July 31, 2013
First 2,000 Gallons
Minimum*
Next 4 000 Gallons
7.301
Corpus Christi, Texas, Code of Ordinances
Page 4 of 12
Next 4,000 Gallons
$ 8.865
Next 5,000 Gallons
$ 9.648
Over 15,000 Gallons
$ 10.430
2. Outside city limits
August 1, 2012 to
July 31, 2013
First 2,000 Gallons
Minimum*
Next 4,000 Gallons
$4.671
Next 4,000 Gallons
6.235
Next 5,000 Gallons
7.018
Over 15,000 Gallons
7.800
4,e. Resale treated water rates.
1. Treated water rates purchased for resale where the water is taken and metered at
the site of treatment are hereby set as follows:
*Use the minimum charges in subsection (a)(1).
2. Treated water rates purchased for resale where the water is delivered to the resale
entity through city facilities are hereby set as follows:
August 1, 20112012 to
July 31, 20122013
First 2,000 Gallons
Minimum*
Over 2,000 Gallons
9 $.870
*Use the minimum charges in subsection (a)(1).
2. Treated water rates purchased for resale where the water is delivered to the resale
entity through city facilities are hereby set as follows:
*Use the minimum charges in subsection (a)(1).
f. Large volume treated water customers. A commercial treated water customer who
agrees to pay for a minimum of ten million (10,000,000) gallons of treated water per month is
considered a large volume treated water customer. Once a customer has elected to become
a large volume treated water customer, the customer will be billed as a large volume treated
water customer until the customer notifies the city and requests reclassification as a
commercial customer in writing. However, a commercial customer may not elect to become a
large volume treated water customer more than once in any twelve -month period.
1. Inside city limits:
Corpus Christi, Texas, Code of Ordinances
Page 5 of 12
August 1, 20112012 to
July 31, 20122013
First 2,000 Gallons
Minimum*
Over 2,000 Gallons
' : + $1.493
*Use the minimum charges in subsection (a)(1).
f. Large volume treated water customers. A commercial treated water customer who
agrees to pay for a minimum of ten million (10,000,000) gallons of treated water per month is
considered a large volume treated water customer. Once a customer has elected to become
a large volume treated water customer, the customer will be billed as a large volume treated
water customer until the customer notifies the city and requests reclassification as a
commercial customer in writing. However, a commercial customer may not elect to become a
large volume treated water customer more than once in any twelve -month period.
1. Inside city limits:
Corpus Christi, Texas, Code of Ordinances
Page 5 of 12
*Use the minimum charges in subsection (a)(1).
2. Outside city limits:
August 1, 2011 -2012 to
July 31, 20122013
First 10,000,000 Gallons
Minimum*
Each Additional 1,000 Gallons
0 $3.597
*Use the minimum charges in subsection (a)(1).
2. Outside city limits:
*Use the minimum charges in subsection (a)(1).
. Large volume blended water customers._ A commercial blended water customer who
agrees to purchase a minimum of ten million (10,000,000) gallons of blended water per
month is considered a large volume blended water customer.
1. Inside city limits:
August 1,
July 31,
20142012 to
22013
First 10,000,000 Gallons
Minimum*
$2.11E3 $2.679
Each Additional 1,000 Gallons
$1.493
*Use the minimum charges in subsection (a)(1).
. Large volume blended water customers._ A commercial blended water customer who
agrees to purchase a minimum of ten million (10,000,000) gallons of blended water per
month is considered a large volume blended water customer.
1. Inside city limits:
*Use the minimum charges in subsection (a)(1).
2. Outside city limits:
August 1, 20112012 to
July 31, a 22013
First 10,000,000 Gallons
Minimum*
Each Additional 1,000 Gallons
$2.11E3 $2.679
*Use the minimum charges in subsection (a)(1).
2. Outside city limits:
*Use the minimum charges in subsection (a)(1).
3. Peaking factor. [To be determined.]
gh. Temporary water service.
1. Treated water.
Corpus Christi, Texas, Code of Ordinances
Page 6 of 12
August 1, 20112012
to
July 31, 20122013
First 10,000,000 Gallons
Minimum*
Each Additional 1,000 Gallons
$0.049
*Use the minimum charges in subsection (a)(1).
3. Peaking factor. [To be determined.]
gh. Temporary water service.
1. Treated water.
Corpus Christi, Texas, Code of Ordinances
Page 6 of 12
A. Inside city limits:
*Use the minimum charges in subsection (a)(1).
B. Outside city limits:
August 1, 2011 -2012 to
July 31, 20122013
First 2,000 Gallons
Minimum*
Over 2,000 Gallons
$5.172
*Use the minimum charges in subsection (a)(1).
B. Outside city limits:
*Use the minimum charges in subsection (a)(1).
2. Untreated water.
A. Inside city limits:
August 1, 2011 -2012 to
July 31, , `22013
First 2,000 Gallons
Minimum*
Over 2,000 Gallons
x %: $2.412
*Use the minimum charges in subsection (a)(1).
2. Untreated water.
A. Inside city limits:
*Use the minimum charges in subsection (a)(1).
B. Outside city limits:
August 1, 20112012
to
July 31, 20122013
First 2,000 Gallons
Minimum*
2 x RWCA
Over 2,000 Gallons
2 x RWCA
*Use the minimum charges in subsection (a)(1).
B. Outside city limits:
*Use the minimum charges in subsection (a)(1).
Agricultural irrigation water outside city limits.
August 1, 20112012 to
July 31, 20122013
First 2,000 Gallons
Minimum*
Over 2,000 Gallons
2 x RWCA
*Use the minimum charges in subsection (a)(1).
Agricultural irrigation water outside city limits.
*Use the minimum charges in subsection (a)(1).
Corpus Christi, Texas, Code of Ordinances
Page 7 of 12
August 1, 2011 -2012 to
July 31, 22013
First 2,000 Gallons
Minimum*
Over 2,000 Gallons
2 x RWCA
*Use the minimum charges in subsection (a)(1).
Corpus Christi, Texas, Code of Ordinances
Page 7 of 12
Public agency for resale untreated water rates. The rates for the purchase of untreated
water purchased by a public agency, which does not have a raw water supply contract with
the city executed after January 1, 1997, is the average of the monthly raw water cost
adjustments, established under subsection (b) of this section, for the period used to
determine the composite cost of untreated water under the city's current contract with the
public agency.
ik. Temporary large volume industrial untreated water customers obtaining water, which is
under contract to the city, from a reservoir under the exclusive control of a river authority.
*Use the minimum charges in subsection (a)(1).
(b) Raw water cost adjustment (RWCA). In addition to the charges for the base rates for water
service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be
added to each consumer's bill, except public agency for resale untreated water customers without a
raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water
customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the
composite cost, as defined in its contract with the city or the rate for public agency for resale untreated
water customers without a raw water supply contract executed after January 1, 1997, specified in
subsection (a)(2). of this section.) The RWCA will be based on projected system -wide raw water
sales, adjusted for water losses. The RWCA will be calculated on an annual basis using the adopted
utility rate model, according to the following procedures:
(1) Use projected system -wide water sales based on historical consumption and projected
growth, with adjustments for water losses.
(2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred
losses on refundings, and other debt service costs shall be applied to the RWCA in the same
proportion as the raw water activities proportion of the original bond proceeds.
(3)
(4)
(5)
Include budgeted expenditures for purchases of water.
Include purchases of water rights, amortized over the duration of the water right agreement.
Budgeted expenditures for capital items shall be included as follows:
a. The expense of acquiring a capital item that costs not more than five hundred thousand
dollars ($500,000.00) shall be charged in the year in which it is acquired.
b. The expense of acquiring a capital item that costs more than five hundred thousand
dollars ($500,000.00) shall be amortized over the number of years used to calculate
depreciation expenses, with the half -year convention used in the year of acquisition.
Corpus Christi, Texas, Code of Ordinances
Page 8 of 12
xffi'rx August 1, 2012 to
July 31, 20122013
First acre foot or fraction thereof
Minimum*
Over acre foot
$1,100.00 per acre foot or fraction thereof
*Use the minimum charges in subsection (a)(1).
(b) Raw water cost adjustment (RWCA). In addition to the charges for the base rates for water
service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be
added to each consumer's bill, except public agency for resale untreated water customers without a
raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water
customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the
composite cost, as defined in its contract with the city or the rate for public agency for resale untreated
water customers without a raw water supply contract executed after January 1, 1997, specified in
subsection (a)(2). of this section.) The RWCA will be based on projected system -wide raw water
sales, adjusted for water losses. The RWCA will be calculated on an annual basis using the adopted
utility rate model, according to the following procedures:
(1) Use projected system -wide water sales based on historical consumption and projected
growth, with adjustments for water losses.
(2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred
losses on refundings, and other debt service costs shall be applied to the RWCA in the same
proportion as the raw water activities proportion of the original bond proceeds.
(3)
(4)
(5)
Include budgeted expenditures for purchases of water.
Include purchases of water rights, amortized over the duration of the water right agreement.
Budgeted expenditures for capital items shall be included as follows:
a. The expense of acquiring a capital item that costs not more than five hundred thousand
dollars ($500,000.00) shall be charged in the year in which it is acquired.
b. The expense of acquiring a capital item that costs more than five hundred thousand
dollars ($500,000.00) shall be amortized over the number of years used to calculate
depreciation expenses, with the half -year convention used in the year of acquisition.
Corpus Christi, Texas, Code of Ordinances
Page 8 of 12
(6) All operating and maintenance expenditures shall be charged based on annual budgeted
amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines,
wells, pumping stations, and related interfund charges.
(7) All expenses for consultants, engineering, legal services, and administration shall be charged
based on annual budgeted amounts in the proportion to which they apply to raw water issues.
(8) Expenses related to the acquisition and transportation of emergency water supplies shall be
included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in
which case they are included in the year budgeted.
(9) Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and
rentals, is applied as an offset based on annual budgeted amounts.
(10) Apply the credit for levelized Choke Canyon debt payments to city rate payers' RWCA. (The
escalating payment schedule on the Choke Canyon debt was levelized through the creation of a
reserve fund. In the initial years, payments greater than the debt service were made, with the
excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and
OCL metered treated water customers. Now that bond payments exceed the levelized payment
amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered
treated water customers participated in building the reserve fund, the drawing on the reserve fund
is only credited to the RWCA assessed against ICL and OCL metered treated water customers.)
(11) Include funds necessary to collect 1.35 times coverage on current annual debt service in
order to improve the financial position and bond ratings of the city's water fund.
(12) Include funds necessary to establish and maintain an operating reserve fund with a target
amount of twenty -five (25) per cent (or three (3) months) of annual operating expenses for the
fiscal year.
(13) Include funds necessary to establish and operate a water capital reserve fund with a target
amount of two (2) per cent of the respective annual water capital improvements program for the
fiscal year or two million dollars ($2,000,000.00) (whichever is greater).
(14) Include funds necessary to establish and maintain a future water resources reserve fund
(Water Supply Development Reserve) with an ultimate target balance of thirty million dollars
($30,000,000.00), and an annual contribution of approximately two million dollars ($2,000,000.00)
per fiscal year. Revenue from this Water Supply Development Reserve will be deposited into a
fund set aside for this ose.
(15) The minimum operating or capital reserves amounts are intended to provide for unplanned,
unbudgeted expenses and revenue shortfalls, and will not be used for routine expenses.
(16) At fiscal year end, determine the amount of over or under collections that have resulted from
difference between budgeted and actual expenses and offsetting revenues and the difference
between projected and actual volume of water sold. Any funds realized in excess of annual
expenses are available for either supplementing minimum operating or capital reserves, for
addition to the capital funds for discretionary cash capital funding of the water utility, or to create
and maintain a reserve to level out large fluctuations in raw water charges is authorized. Apply any
remaining amount as an adjustment to the RWCA.
Corpus Christi, Texas, Code of Ordinances
Page 9 of 12
(c) Definitions.
Costs of raw water is the total of all costs of acquiring, producing, storing, conserving, and transporting
untreated water from its source to the City's treatment facility and all other points of diversion. These
costs include, but are not limited to, the costs of:
Construction, including debt service, operation, and maintenance of dams and reservoirs.
Construction, including debt service, operation, and maintenance of raw water supply transmission
pipelines.
Construction, including debt service, operation, and maintenance of wells.
Construction, including debt service, operation, and maintenance of facilities capable of converting
wastewater effluent, salt water, and brackish ground water into water suitable for municipal,
industrial, or agricultural uses.
Acquisition of new water supplies and water rights, including the establishment and funding of a
reserve dedicated to offset the costs of acquisition of additional water rights and the
implementation of long range water resource development and related capital improvements.
Construction, operation, and maintenance of facilities to reduce water losses from water resources
due to evaporation or the release of water from a reservoir due to the operation of law.
Acquisition and transportation of emergency water supplies, including the costs of transporting
water by vessel or pipelines from other regions.
Water supply development and protection, including consultants' studies and reports,
investigations, legal fees, court costs, and any other costs related to the development or protection
of the water supply.
Administrative costs, including overhead and the portion of the city's general administrative costs
applicable to the activities enumerated in this definition.
(Ord. No. 9472, 8 -27 -1969; Ord. No. 11613, 8 -8 -1973; Ord. No. 12208, §§ 1, 2, 8 -7 -1974; Ord. No.
14140, §§ 1 -3, 1 -25 -1978; Ord. No. 16446, §§ 1, 2, 8 -12 -1981; Ord. No. 16593 § 1, 10 -14 -1981; Ord.
No. 17166, §§ 1 -3, 7 -28 -1982; Ord. No. 17762, §§ 1, 2, 8 -3 -1983; Ord. No. 18351, §§ 1, 2, 7 -24 -1984;
Ord. No. 18587, §§ 1, 2, 12 -4 -1984; Ord. No. 20411, §§ 1, 2, 7 -26 -1988; Ord. No. 21001, § 1,
10 -9 -1990; Ord. No. 21438, §§ 1 -4, 7 -21 -1992; Ord. No. 21814, § 1(a) -(c), 12 -14 -1993; Ord. No.
22741, § 1, 11 -12 -1996; Ord. No. 22832, § 1, 1 -28 -1997; Ord. No. 22879, § 1, 3 -25 -1997; Ord. No.
23706, § 1, 7 -20 -1999; Ord. No. 23910, § 1, 1 -11 -2000; Ord. No. 24132, § 1, 7 -25 -2000; Ord. No.
24531, § 1 a, 7 -24 -2001; Ord. No. 24969, § 1, 7 -23 -2002; Ord. No. 25386, § 1, 7 -22 -2003; Ord. No.
025866, § 1, 7 -27 -2004; Ord. No. 026368, § 1, 7 -26 -2005; Ord. No. 026900, § 1, 7 -25 -2006; Ord. No.
027355, § 1, 7 -24 -2007; Ord. No. 027781, § 1, 7 -22 -2008; Ord. No. 028256, § 1, 7 -28 -2009; Ord. No.
028686, § 1, 7 -20 -2010; Ord. No. 029158, § 1, 7 -26 -2010; Ord. No. 29158 1 07 -26 -2011. Ord. No.
029386, § 1, 2 -28 -2012)
SECTION 2. City Code of Ordinances, Chapter 55, Utilities, Article III, Water Rates and
Charges, is amended to add a service fee when a customer requests City to temporarily turn off
their water to the property, to read as follows:
Corpus Christi, Texas, Code of Ordinances
Page 10 of 12
"Sec, 5557. Service fee for customer request to turn off services.
When a water utility customer requests that the City provide service to turn off water service,
which is not related to City maintenance or repairs, the fee is $30 for a residential utility account,
and $60 for a commercial utilit account."
SECTION3. The water rates and fees established in Section 1 and Section 2 of this ordinance
shall take effect and be applied against all service provided on or after the first day of August
2012.
SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full
force and effect for its purpose.
SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi
as required by the City Charter of the City of Corpus Christi.
Corpus Christi, Texas, Code of Ordinances
Page 11 of 12
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 David Loeb
Chris N. Adler John E. Marez
Kelley Allen Nelda Martinez
Larry Elizondo Mark Scott
Priscilla G. Leal
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 David Loeb
Chris N. Adler John E. Marez
Kelley Allen Nelda Martinez
Larry Elizondo Mark Scott
Priscilla G. Leal
PASSED AND APPROVED, this the day of , 2012.
ATTEST:
Armando Chapa
City Secretary
Page 12 of 12
Joe Adame
Mayor
Corpus Christi, Texas, Code of Ordinances
AGENDA MEMORANDUM
Future Agenda Item for the City Council Meeting of July 17, 2012
Consent Agenda Item for the City Council Meeting of July 24, 2012
DATE: 7/3/2012
TO: Ronald L. Olson, City Manager
FROM: Michael Morris, Director of Parks and Recreation
MichaelMo(c�cctexas.com; 361- 826 -3464
Parks and Recreation FY13 new fees
CAPTION:
Resolution authorizing adjustment of parks, recreation, cultural, and leisure time activities rental and
recreational fees; adding new rental fees and recreational fees for fiscal year 2012 -2013; providing for
publication; providing for effective date; and providing for severance.
PURPOSE:
Provide new fees for tournaments or rentals of new or renovated facilities.
BACKGROUND AND FINDINGS:
With completion of the new fields at Manuel Q. Salinas Park, Southside Sports Complex (Paul Jones) and
renovated Greenwood Softball Complex, new fees for tournaments and rental fees need to be established.
This will provide the Parks and Recreation department an opportunity to earn additional revenue.
ALTERNATIVES:
Do not approve resolution.
OTHER CONSIDERATIONS:
Not applicable
CONFORMITY TO CITY POLICY:
City Council must approve all new fees.
EMERGENCY / NON - EMERGENCY:
Non - Emergency
DEPARTMENTAL CLEARANCES:
Legal
FINANCIAL IMPACT: Revenue
Fiscal Year: 2012 -2013
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
0
Encumbered /
Expended Amount
This item
0
BALANCE
0
Fund(s):
Comments: Potential new revenue due to tournament and rental fees.
RECOMMENDATION:
Approve the proposed resolution.
LIST OF SUPPORTING DOCUMENTS:
Resolution
Exhibit A — FY13 New Fees — Parks and Recreation
Resolution authorizing adjustment of parks, recreation, cultural, and
leisure time activities rental and recreational fees; adding new rental
fees and recreational fees for fiscal year 2012 -2013; providing for
publication; providing for effective date; and providing for
severance.
Whereas, Section 36 -3 of the Code of Ordinances requires City Council approval by
motion or resolution for creation of any new rental rates, or increase of existing rental
rates by more than 25 percent, for parks and recreation department facility rental; and
Whereas, Section 36 -7 of the Code of Ordinances requires City Council approval by
motion or resolution for creation of any new user fees, or increase of existing user fees
by more than 25 percent, for parks and recreation department facility use;
Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas:
Section 1. The City Council approves the adjusted rental rates and recreational fees for
the parks and recreation department use fees, as shown in Exhibit A, for Fiscal Year
2012 -13.
Section 2. The City Council approves new parks and recreation department
recreational use fees as shown in Exhibit B attached, for Fiscal Year 2012 -13.
Section 3. This resolution is effective August 1, 2012.
Section 4. Publication will be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi, Texas.
Section 5. The City Council intends that every section, paragraph, subdivision, phrase,
word and provision of this resolution shall be given full force and effect for its purpose. If
any section, paragraph, subdivision, clause, phrase, word or provision of this resolution
is held invalid or unconstitutional by final judgment of a court of competent jurisdiction,
that judgment shall not affect any other section, paragraph, subdivision, clause, phrase,
word or provision of this resolution.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Joe Adame, Mayor
Corpus Christi, Texas
of , 2012
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Kelley Allen
Larry Elizondo, Sr.
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
EXHIBIT A
FY13 NEW FEES - Parks and Recreation
Program Area
Current Fee
Proposed
Fee
pill
PERCENT
CHANGE
Salinas Multipurpose Complex:
Pavilion Rental per four hours
$ -
$ 120.00
$ -
NEW
Youth Rental fee per field per hour
$ -
$ 40.00
$ -
NEW
Adult Rental fee per field per hour
$ -
$ 50.00
$ -
NEW
Football Youth /Adult Tournament Rentals fee (less than 40
teams) - per day per field
$ -
$ 250.00
$ -
NEW
Soccer Youth /Adult Tournament Rentals fee (less than 40
teams) - per day per field
$ -
$ 250.00
$ -
NEW
Multiple teams rental fee with more than 40 teams - per day
per field
$ -
$ 150.00
$ -
NEW
Multiple teams /multiple tourney rental fee with more than
40 teams - per day per field
$ -
$ 100.00
$ -
NEW
Greenwood Softball Complex:
Multiple teams rental fee with more than 40 teams - per day
per field
$ -
$ 150.00
$ -
NEW
Multiple teams /multiple tourney rental fee with more than
40 teams - per day per field
$ -
$ 100.00
$ -
NEW
Tournament Events: (per team)
Basketball
$ -
$ 150.00
$ -
NEW
Basketball - Multiple teams
$ -
$ 125.00
$ -
NEW
Baseball -18 & up
$ -
$ 375.00
$ -
NEW
Baseball - 16 & up
$ -
$ 375.00
$ -
NEW
Baseball - 14 & up
$ -
$ 300.00
$ -
NEW
Baseball - 12 & up
$ -
$ 250.00
$ -
NEW
Baseball - 10 & up
$ -
$ 200.00
$ -
NEW
AGENDA MEMORANDUM
Future Agenda Item for the City Council Meeting of July 17, 2012
Consent Agenda Item for the City Council Meeting of July 24, 2012
DATE: 6/29/2012
TO: Ronald L. Olson, City Manager
FROM: Michael Morris, Director of Parks and Recreation
MichaelMo(c�cctexas.com; 361- 826 -3464
Interlocal Agreement with CCISD to offer prevention services and programs
CAPTION:
Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Corpus
Christi Independent School District to provide Juvenile Assessment Center services.
PURPOSE:
Allow Juvenile Assessment Center staff to provide Life Skills Training, a research -based prevention program,
to CCISD students.
BACKGROUND AND FINDINGS:
The Interlocal Agreement will permit the Juvenile Assessment Center (JAC) entrance into CCISD schools and
provide prevention education to CCISD students as a means of reducing juvenile crime and delinquency in our
city. Specifically, the JAC will offer Botvin's Life Skills Training, a research -based prevention program proven
to teach youth the necessary skills to handle life challenges while reducing the risks of violence,
alcohol /tobacco /drug abuse, and other factors attributed to juvenile delinquency. Furthermore, the agreement
enables the JAC to work with school personnel to identify other campus needs and provide prevention
education and other services such as, but not limited to, bullying, character development, and risk - reduction
case management.
ALTERNATIVES:
Do not approve resolution and cease planning efforts for the program.
OTHER CONSIDERATIONS:
Not applicable
CONFORMITY TO CITY POLICY:
City Council must approve all interlocal agreements and contracts
EMERGENCY / NON - EMERGENCY:
Non - Emergency
DEPARTMENTAL CLEARANCES:
Legal
FINANCIAL IMPACT: Not applicable
Fiscal Year: 2011 -2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
0
Encumbered /
Expended Amount
This item
0
BALANCE
0
Fund(s):
Comments: There will be no charges assessed for the programs and services offered through the Juvenile
Assessment Center
RECOMMENDATION:
Approve the Interlocal Agreement
LIST OF SUPPORTING DOCUMENTS:
Resolution
Interlocal Agreement
Resolution authorizing the City Manager or designee to execute an Interlocal
Agreement with the Corpus Christi Independent School District to provide
Juvenile Assessment Center services.
Be it resolved by the City Council of the City of Corpus Christi, Texas:
SECTION 1. The City Manager, or designee, is authorized to execute an
Interlocal Agreement with the Corpus Christi Independent School District to
provide Juvenile Assessment Center services. A copy of the agreement is
attached.
SECTION 2. This Resolution shall take effect and be in full force immediately after its
adoption by the City Council.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Joe Adame
Mayor
Corpus Christi, Texas
of , 2012
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Kelley Allen
Larry Elizondo, Sr.
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
1
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF CORPUS CHRISTI AND
THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
REGARDING THE JUVENILE ASSESSMENT CENTER
(LIFE SKILLS TRAINING)
This Agreement is made and entered into this day of , 2012, by and
between the Corpus Christi Independent School District hereinafter referred to as "District ", and
the City of Corpus Christi, a Texas home -rule municipal corporation hereinafter referred to as
"City", under the authority and in accordance with the Interlocal Cooperation Act, as set out in
Chapter 791, Texas Government Code.
WITNESSETH:
WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the
state to enter into contracts for governmental functions and services to increase their efficiency
and effectiveness; and
WHEREAS, the District and the City are local governments as defined in Texas
Government Code, Section 791.003(4), have the authority to enter into this agreement, and have
each entered into this agreement by the action of its governing body in the appropriate manner
prescribed by law; and
WHEREAS, both the City and District represent to one another that each respective
party has the authority to enter into this agreement and perform the obligations and duties stated
herein; and
WHEREAS, the District and the City specify that each party paying for the performance
of said functions of government shall make those payments from current funds available to the
paying party.
NOW THEREFORE, this contract is made and entered into by District and City in
consideration of the aforementioned recitals and for the mutual consideration stated herein ( "The
Agreement "):
1. PURPOSE OF AGREEMENT
The purpose of the Agreement is to state the terms and conditions under which the City
of Corpus Christi Juvenile Assessment Center is to work with CCISD to offer a life skills
programs to high -risk students.
2. DESCRIPTION OF THE SERVICES TO BE PROVIDED
The City of Corpus Christi Juvenile Assessment Center (JAC) will provide Botvin's Life
Skills Training to CCISD students who exhibit behaviors that are likely to contribute to their
increased risk of juvenile delinquency. In an effort to help students make a decision to attend
2
and stay in school, JAC offers Life Skills Training, a research -based prevention program proven
to reduce the risks of violence and alcohol/tobacco /drug abuse. It is a comprehensive curriculum
targeting the major social and psychological factors that promote the initiation of substance use
and other behaviors which often lead to juvenile delinquency. The purpose of this training series
is to provide children and adolescents with the confidence and skills necessary to handle
challenging situations.
JAC has a Case Manager /Prevention Specialist designated to provide training to CCISD
students. The Prevention Specialist will work with each school to determine which students
would benefit from the program and to decide on an appropriate date, time and location for the
training. Each student will be given a workbook to be used to work through the exercises. To
successfully benefit from the program, students are expected to attend each of the classes in the
series. The Life Skills Training is separated into three different curricula for elementary, middle,
and high schools. The program uses a progressive curriculum in which each unit builds upon the
next, and the curricula for the middle and high schools reinforces what was taught in the
previous grade cluster(s). Through this training, students will gain valuable tools and skills used
to overcome and cope with difficulties, but more importantly, the curricula encourages students
to listen to the "voice inside their heads" which reinforces the values they have learned in
making positive life decisions.
The curricula vary by grade cluster but start with an introductory class so the Prevention
Specialist can engage with students to identify individual student needs. The curricula are
described as follows:
Elementary School
• Eight units in 8 lessons, each 30 -45 minutes in duration
• Target population: 3'd to 5th grades
• Topics include: self- esteem, decision making, smoking information, advertising, stress,
communication skills, social skills, assertiveness
Middle School
• 11 units in 12 lessons (plus 3 optional units /lessons), 45 minutes in duration
• Target population: 6th -7`h graders, with booster programs for 7th -8th graders who have
completed the entire series the year before.
• Topics include: self -image & self - improvement, decision making, smoking myths &
realities, smoking & biofeedback, alcohol myths & realities, marijuana myths & realities,
advertising, coping with anxiety, communications skills, social skills (2 lessons), and
assertiveness. Additional optional topics: violence and the media, coping with anger,
resolving conflict
3
High School
• 7 units in 10 lessons, 45 minutes in duration
• Target population: 9`h -10th grades
• Topics include: the value of good health, decision making for health, risk - taking and
substance abuse, the media and health, managing stress /anger /other emotions, family
communications, healthy relationships
The JAC can also work with schools to identify other particular needs that may warrant
additional extensive training in the Character First program or on topics such as bullying,
violence prevention, strengthening families, etc. By working jointly with school counselors, the
Prevention Specialist can assist in linking students with JAC case management services designed
to address special needs related to delinquency.
3. TERM AND TERMINATION
This Interlocal Agreement shall have one year term and shall be effective upon its date of
execution by the last party to execute the Agreement. The Agreement shall automatically renew
for successive five one -year terms. This Agreement may be terminated at any time by either
party upon sixty (60) days written notice to the other parties.
4. NOTICE
Official notice shall be by written notice and delivery to all of the parties to this
Agreement. Delivery shall be fax or deposit in the United States Postal Service, first class,
return receipt requested to:
TO THE DISTRICT:
TO THE CITY:
5. INDEMNIFICATION
Corpus Christi Independent School District
Attn: D. Scott Elliff, Superintendent of Schools
801 Leopard Street
Corpus Christi, Texas 78403
The City of Corpus Christi
Attn: Director of Parks and Recreation
P.O. Box 9277
Corpus Christi, Texas 78469 -9277
District and City agree that both District and City shall each be responsible for their own
negligent acts or omissions or other tortious conduct in the courts of performance of this
Agreement, without waiving any sovereign governmental immunity available to either District or
City under Texas law and without waiving any available defenses under Texas law. Nothing in
4
this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to
any third persons or entities.
6. FISCAL FUNDING
In the event that payments or expenditures are made, they shall be made from current
funds as required by Chapter 791, Texas Government Code.
7. VENUE
Venue to enforce this Agreement shall lie exclusively in Nueces County, Texas.
8. CONFIDENTIAL RECORDS AND INFORMATION
In the carrying out of the terms of this Agreement, the City and /or Juvenile Assessment
Center may, from time to time, have access to confidential information and documents pertaining
to students in the District. The City and /or Juvenile Assessment Center shall not, without written
consent of the parents of the student, release or disclose to the public or any third party District
information or records regarding any District student. The District shall not, without written
consent of the City Attorney or designee, disclose to the public or any third party any City
information or City records regarding the student. Said information and documents are
considered confidential, and shall not be used by the City and /or Juvenile Assessment Center,
District or any of their employees, agents, or representatives, for private purposes. The City
and /or Juvenile Assessment Center acknowledges that the unauthorized release of confidential
student information or records may subject the individual or entity to criminal and civil penalties.
Accordingly, the City and /or Juvenile Assessment Center will comply with the requirements of
District policy pertaining to the confidentiality of student education records, and will comply
with the requirements of the Family Education Rights and Privacy Act (F.E.R.P.A. - see 20
U.S.C. § 1232g and 34 C.F.R. § 90, et seq.) The City and /or Juvenile Assessment Center further
agrees that any confidential student information or records it obtains pursuant to the performance
of this Agreement will be destroyed after the need for such information or records ceases to
exist.
9. CRIMINAL BACKGROUND CHECK
Insofar as applicable, the parties recognize and agree as follows: An entity that contracts
with the District to provide services shall obtain from any law enforcement or criminal justice
agency or a private entity that is a consumer reporting agency governed by the Fair Credit
Reporting Act (15 U.S.C. Section 1681 et seq.), all criminal history record information that
relates to an employee of the entity who is employed before January 1, 2008, and who is not
subject to a national criminal history record information review under Education Code
22.0834(b) if
1. The employee has continuing duties related to the contracted services; and
5
2. The employee has direct contact with students.
A person who, on or after January 1, 2008, is offered employment by an entity that
contracts with the District must submit to a national criminal history record information review
if:
1.. The employee or applicant has or will have continuing duties related to the
contracted services; and
2. The employee or applicant has or will have direct contact with students.
The person must submit to the review before being employed or serving in a capacity
described above.
An entity contracting with the District shall obtain all criminal history record information
that relates to a person described above through the criminal history clearinghouse as provided
by Government Code 411.0845.
The entity shall certify to the District that it received all of the criminal history record
information required above. The service contractor shall also certify that it will take reasonable
steps to ensure that the conditions or precautions that have resulted in a determination that any
person is not a covered contract employee continue to exist throughout the time that the
contracted services are provided.
A service contractor shall provide the District, at its request, the information necessary
for the District to obtain criminal history record information for all covered contract employees.
10. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties hereto and may not
be modified except by an instrument in writing executed by the parties hereto as herein provided.
11. SEVERABILITY
If any provision of this Agreement shall be held invalid, void or unenforceable, the
remaining provisions hereof shall not be affected or impaired, and such remaining provisions
shall remain in full force and effect.
12. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument.
13. APPROVAL
This Agreement is expressly subject to and contingent upon formal approval by Corpus
Christi Independent School District and by Corpus Christi City Council.
EXECUTED IN DUPLICATE on the day of , 2012.
CITY OF CORPUS CHRISTI
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved as to legal form: ‘4O
Lisa Aguilar ssistant City Attorney
for the City Attorney
Ronald L. Olson
City Manager
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
By:
D. Scott Elliff, Superintendent ,/7 : chools
Date:
Reviewed and pproved for Purchasing Compliance
By:
B
Dif�ct for ' chasing and Distribution
Date:
.5-4(1/2
Approved as to legal form
By:
John J. anssen, General Counsel for CCISD
Date: 7' 'Z(
6
AGENDA MEMORANDUM
for the City Council Meeting of July 24, 2010
DATE:
TO:
FROM: Daniel Biles, P.E., Director of Engineering Services
danb @cctexas.com, (361) 826 -3729
July 13, 2012
Ronald L. Olson, City Manager
Approval of Professional Services Contract for
Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment
CAPTION:
Ordinance approving and appropriating the transfer of $175,000 from Unreserved Fund balance
in No. 1120 Seawall Improvement Fund to and appropriating in the No. 3271 Seawall Type A
CIP Fund for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment Project;
and declaring an emergency.
Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No.
029135 to add Project No. E12070 Preliminary FEMA Bayfront Firm Assessment; increasing
revenues and expenditures in the amount of $175,000 each; and declaring an emergency.
Motion authorizing the City Manager, or designee, to execute a Professional Services Contract
with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $168,312.00 for the
Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment project.
PURPOSE:
To award the professional services contract for the Preliminary FEMA Bayfront Flood Insurance
Rate Maps Assessment.
BACKGROUND AND FINDINGS:
The Federal Emergency Management Agency (FEMA) is currently working to prepare
Preliminary Flood Insurance Rate Maps (FIRMs) for Nueces County, Texas. This study will
produce Flood Insurance Rate Maps (FIRMs) and a Flood Insurance Study (FIS) for the county
area, including the City of Corpus Christi. This restudy effort is part of FEMA's Risk Mapping,
Assessment, and Planning (Risk MAP) program and reflects FEMA policy updates Post
Hurricane Katrina and Hurricane Ike. In particular, FEMA's assessment methodologies of storm
surge analysis and wave run -up along coastal structures and levee systems have changed.
C:AProgram Files \Granicus \Legistar5\ Packet \991 City Comm" 7172012 \00261Memo - FEMA1 .docx
The current effective flood maps in Nueces County show the Corpus Christi Flood Protection
System as accredited (reducing the flood risk) for a flood that has a one - percent- chance of
being equaled or exceeded in any given year also known as the base flood or 100 -year flood.
To be recognized and annotated on the updated Fl RM's to provide flood protection under the
current remapping effort; the elevation of the existing flood protection system (including the
seawall and other coastal structures) may need to be increased to accommodate FEMA
proposed increase in storm surge elevation and wave run -up.
Providing an independent engineering assessment of storm surge analysis and wave run -up
may provide the basis for the City to engage FEMA's revision consideration of the expected
FIRM's subject to public review in the upcoming months.
ALTERNATIVES:
1. Award Contract to HDR Engineering, Inc. as recommended.
2. Do not award contract.
OTHER CONSIDERATIONS:
The following alternatives were considered:
1. Do nothing and accept FEMA's proposed storm surge analysis as proposed in FEMA's
updated FIRM's. The seawall structure system in its current condition does not meet FEMA's
proposed revised elevation requirements to provide flood protection against the 100 -year storm
event and the area behind the flood protection system would be mapped as either an AE or AO
zone, and flood insurance would be required for properties with federally backed mortgages.
2. Enter into a consultant agreement to complete an independent assessment of storm surge
analysis along Corpus Christi Bay and compare the results to FEMA's storm surge analysis.
Pending the results, this independent analysis would give the City the ability to comment to
FEMA regarding their wave run -up methodology and results which could then lend itself to a
reduction in the FEMA proposed elevations.
This contract is anticipated to be approved and recommended for award on July 16, 2012 by the
Corpus Christi Business and Job Development Board (Type A).
CONFORMITY TO CITY POLICY:
Conforms to statutes regarding Request for Qualifications process; Conforms to requirements of
the Corpus Christi Business and Job Development Board for appropriation and use of Type A
funds for seawall maintenance.
EMERGENCY / NON - EMERGENCY:
Emergency
DEPARTMENTAL CLEARANCES:
Engineering Services
C:AProgram Files \Granicus \Legistar5\ Packet \991_ City Comm" _7_17_2012 \0026_1_Memo - FEMA1 .docx
FINANCIAL IMPACT:
❑ Operating
❑ Revenue
X Capital
❑ Not applicable
Fiscal Year: 2011 -2012
Project to
Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
$175,000.00
$175,000.00
Encumbered / Expended
Amount
This item
$175,000.00
$175,000.00
BALANCE
$0.00
$0.00
Fund(s): Seawall System CIP Fund
Comments: This contract is recommended to be approved for the entire contract amount of
$168,312.00 for Task 1: Review of Revised FIS; Task 2: Wave Analyses and Technical
Documentation; Task 3: Technical Appeal, and Additive Options with TAMU -CC and NAS
dependent on their participation. Only tasks 1, 2 and 3 are authorized at this time. Authorization
for additive options with TAMU -CC and NAS is pending future Interlocal agreement.
This project may have substantial cost savings to downtown property owners if the downtown
area is mapped as a Zone X in lieu of Zone AE or AO. In addition, even if the area is still
mapped initially as an AE or AO, any reduction in the FEMA proposed storm surge elevation
would result in substantial savings to the City in any future seawall elevation improvements.
RECOMMENDATION:
City Staff recommend the approval of a professional services contract with HDR Engineering,
Inc. of Corpus Christi, Texas in the amount of $168,312.00 for the Preliminary FEMA Bayfront
Flood Insurance Rate Maps Assessment project.
LIST OF SUPPORTING DOCUMENTS:
Location Map
C:AProgram Files \Granicus \Legistar5\ Packet \991_ City Comm" _7_17_2012 \0026_1_Memo - FEMA1 .docx
\Mproject \councilexhibits \exhE12070.d wg
RIVER
.NUECES BAy
CC
v
7/
s
CORPUS CHRISTI BAY
W4 44
BEAR
PROJECT SITE
3 CC
PROJECT #E12070
s
A'4
064
NAS
F.M. 43
q
Cu
P
FM 2444
Elsa
Cr pp
LOCATION MAP
NOT TO SCALE
LAGUNA
.7t4AD E
%r
WHITECAP
SEA PINES
�o G2IL� oI
MEXICO
Preliminary FEMA Bayfront
FIRM Assessment
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
Page 1 of 2
Ordinance approving and appropriating the transfer of $175,000
from Unreserved Fund Balance in the No. 1120 Seawall
Improvement Fund to and appropriating in the No. 3271 Seawall
Type "A" CIP Fund for the Preliminary FEMA Bayfront Flood
Insurance Rate Maps Assessment Project; and declaring an
emergency.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
Section 1. An amount of $175,000 from the Unreserved Fund Balance in No. 1120
Seawall Improvement Fund is transferred to and appropriated in the No. 3271 Seawall
Type "A" CIP Fund for the Preliminary FEMA Bayfront Flood Insurance Rate Maps
Assessment Project.
Section 2. That upon written request of the Mayor of 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 July, 2012.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Joe Adame
Mayor
0026_3_Ordinance No. 2 - Preliminary FEMA Bayfront FIRM Assessment
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
Kelley Allen
Larry Elizondo, Sr.
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
0026_3_Ordinance No. 2 - Preliminary FEMA Bayfront FIRM Assessment
AGENDA MEMORANDUM
for the City Council Meeting of July 24, 2010
DATE:
TO:
FROM: Daniel Biles, P.E., Director of Engineering Services
danb @cctexas.com, (361) 826 -3729
July 13, 2012
Ronald L. Olson, City Manager
Approval of Professional Services Contract for
Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment
CAPTION:
Ordinance approving and appropriating the transfer of $175,000 from Unreserved Fund balance
in No. 1120 Seawall Improvement Fund to and appropriating in the No. 3271 Seawall Type A
CIP Fund for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment Project;
and declaring an emergency.
Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No.
029135 to add Project No. E12070 Preliminary FEMA Bayfront Firm Assessment; increasing
revenues and expenditures in the amount of $175,000 each; and declaring an emergency.
Motion authorizing the City Manager, or designee, to execute a Professional Services Contract
with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $168,312.00 for the
Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment project.
PURPOSE:
To award the professional services contract for the Preliminary FEMA Bayfront Flood Insurance
Rate Maps Assessment.
BACKGROUND AND FINDINGS:
The Federal Emergency Management Agency (FEMA) is currently working to prepare
Preliminary Flood Insurance Rate Maps (FIRMs) for Nueces County, Texas. This study will
produce Flood Insurance Rate Maps (FIRMs) and a Flood Insurance Study (FIS) for the county
area, including the City of Corpus Christi. This restudy effort is part of FEMA's Risk Mapping,
Assessment, and Planning (Risk MAP) program and reflects FEMA policy updates Post
Hurricane Katrina and Hurricane Ike. In particular, FEMA's assessment methodologies of storm
surge analysis and wave run -up along coastal structures and levee systems have changed.
C:AProgram Files \Granicus \Legistar5\ Packet \991 City Comm" 7172012 \00271Memo - FEMA1 .docx
The current effective flood maps in Nueces County show the Corpus Christi Flood Protection
System as accredited (reducing the flood risk) for a flood that has a one - percent- chance of
being equaled or exceeded in any given year also known as the base flood or 100 -year flood.
To be recognized and annotated on the updated Fl RM's to provide flood protection under the
current remapping effort; the elevation of the existing flood protection system (including the
seawall and other coastal structures) may need to be increased to accommodate FEMA
proposed increase in storm surge elevation and wave run -up.
Providing an independent engineering assessment of storm surge analysis and wave run -up
may provide the basis for the City to engage FEMA's revision consideration of the expected
FIRM's subject to public review in the upcoming months.
ALTERNATIVES:
1. Award Contract to HDR Engineering, Inc. as recommended.
2. Do not award contract.
OTHER CONSIDERATIONS:
The following alternatives were considered:
1. Do nothing and accept FEMA's proposed storm surge analysis as proposed in FEMA's
updated FIRM's. The seawall structure system in its current condition does not meet FEMA's
proposed revised elevation requirements to provide flood protection against the 100 -year storm
event and the area behind the flood protection system would be mapped as either an AE or AO
zone, and flood insurance would be required for properties with federally backed mortgages.
2. Enter into a consultant agreement to complete an independent assessment of storm surge
analysis along Corpus Christi Bay and compare the results to FEMA's storm surge analysis.
Pending the results, this independent analysis would give the City the ability to comment to
FEMA regarding their wave run -up methodology and results which could then lend itself to a
reduction in the FEMA proposed elevations.
This contract is anticipated to be approved and recommended for award on July 16, 2012 by the
Corpus Christi Business and Job Development Board (Type A).
CONFORMITY TO CITY POLICY:
Conforms to statutes regarding Request for Qualifications process; Conforms to requirements of
the Corpus Christi Business and Job Development Board for appropriation and use of Type A
funds for seawall maintenance.
EMERGENCY / NON - EMERGENCY:
Emergency
DEPARTMENTAL CLEARANCES:
Engineering Services
C:AProgram Files \Granicus \Legistar5\ Packet \991_ City Comm" _7_17_2012 \0027_1_Memo - FEMA1 .docx
FINANCIAL IMPACT:
❑ Operating
❑ Revenue
X Capital
❑ Not applicable
Fiscal Year: 2011 -2012
Project to
Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
$175,000.00
$175,000.00
Encumbered / Expended
Amount
This item
$175,000.00
$175,000.00
BALANCE
$0.00
$0.00
Fund(s): Seawall System CIP Fund
Comments: This contract is recommended to be approved for the entire contract amount of
$168,312.00 for Task 1: Review of Revised FIS; Task 2: Wave Analyses and Technical
Documentation; Task 3: Technical Appeal, and Additive Options with TAMU -CC and NAS
dependent on their participation. Only tasks 1, 2 and 3 are authorized at this time. Authorization
for additive options with TAMU -CC and NAS is pending future Interlocal agreement.
This project may have substantial cost savings to downtown property owners if the downtown
area is mapped as a Zone X in lieu of Zone AE or AO. In addition, even if the area is still
mapped initially as an AE or AO, any reduction in the FEMA proposed storm surge elevation
would result in substantial savings to the City in any future seawall elevation improvements.
RECOMMENDATION:
City Staff recommend the approval of a professional services contract with HDR Engineering,
Inc. of Corpus Christi, Texas in the amount of $168,312.00 for the Preliminary FEMA Bayfront
Flood Insurance Rate Maps Assessment project.
LIST OF SUPPORTING DOCUMENTS:
Location Map
C:AProgram Files \Granicus \Legistar5\ Packet \991_ City Comm" _7_17_2012 \0027_1_Memo - FEMA1 .docx
\Mproject \councilexhibits \exhE12070.d wg
RIVER
.NUECES BAy
CC
v
7/
s
CORPUS CHRISTI BAY
W4 44
BEAR
PROJECT SITE
3 CC
PROJECT #E12070
s
A'4
064
NAS
F.M. 43
q
Cu
P
FM 2444
Elsa
Cr pp
LOCATION MAP
NOT TO SCALE
LAGUNA
.7t4AD E
%r
WHITECAP
SEA PINES
�o G2IL� oI
MEXICO
Preliminary FEMA Bayfront
FIRM Assessment
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
Page 1 of 2
Ordinance amending the FY 2012 Capital Improvement Plan
adopted by Ordinance No. 029135 to add the Preliminary FEMA
Bayfront FIRM Assessment Project No. E12070; increasing
revenues and expenditures in the amount of $175,000 each; and
declaring an emergency.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
Section 1. The FY 2012 Capital Improvement Plan adopted by Ordinance No. 029135
is amended to add the Preliminary FEMA Bayfront FIRM Assessment Project No.
E12070.
Section 2. The FY Capital Improvement Plan is changed to increase revenues and
expenditures by $175,000 each.
Section 3. That upon written request of the Mayor of 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 July, 2012.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Joe Adame
Mayor
0027_3_Ordinance No. 1 - Preliminary FEMA Bayfront FIRM Assessment
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
Kelley Allen
Larry Elizondo, Sr.
Priscilla G. Leal
David Loeb
John E. Marez
Nelda Martinez
Mark Scott
0027_3_Ordinance No. 1 - Preliminary FEMA Bayfront FIRM Assessment
AGENDA MEMORANDUM
for the City Council Meeting of July 24, 2010
DATE:
TO:
FROM: Daniel Biles, P.E., Director of Engineering Services
danb @cctexas.com, (361) 826 -3729
July 13, 2012
Ronald L. Olson, City Manager
Approval of Professional Services Contract for
Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment
CAPTION:
Ordinance approving and appropriating the transfer of $175,000 from Unreserved Fund balance
in No. 1120 Seawall Improvement Fund to and appropriating in the No. 3271 Seawall Type A
CIP Fund for the Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment Project;
and declaring an emergency.
Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No.
029135 to add Project No. E12070 Preliminary FEMA Bayfront Firm Assessment; increasing
revenues and expenditures in the amount of $175,000 each; and declaring an emergency.
Motion authorizing the City Manager, or designee, to execute a Professional Services Contract
with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $168,312.00 for the
Preliminary FEMA Bayfront Flood Insurance Rate Maps Assessment project.
PURPOSE:
To award the professional services contract for the Preliminary FEMA Bayfront Flood Insurance
Rate Maps Assessment.
BACKGROUND AND FINDINGS:
The Federal Emergency Management Agency (FEMA) is currently working to prepare
Preliminary Flood Insurance Rate Maps (FIRMs) for Nueces County, Texas. This study will
produce Flood Insurance Rate Maps (FIRMs) and a Flood Insurance Study (FIS) for the county
area, including the City of Corpus Christi. This restudy effort is part of FEMA's Risk Mapping,
Assessment, and Planning (Risk MAP) program and reflects FEMA policy updates Post
Hurricane Katrina and Hurricane Ike. In particular, FEMA's assessment methodologies of storm
surge analysis and wave run -up along coastal structures and levee systems have changed.
C:AProgram Files \Granicus \Legistar5\ Packet \991 City Comm" 7172012 \00281Memo - FEMA1 .docx
The current effective flood maps in Nueces County show the Corpus Christi Flood Protection
System as accredited (reducing the flood risk) for a flood that has a one - percent- chance of
being equaled or exceeded in any given year also known as the base flood or 100 -year flood.
To be recognized and annotated on the updated Fl RM's to provide flood protection under the
current remapping effort; the elevation of the existing flood protection system (including the
seawall and other coastal structures) may need to be increased to accommodate FEMA
proposed increase in storm surge elevation and wave run -up.
Providing an independent engineering assessment of storm surge analysis and wave run -up
may provide the basis for the City to engage FEMA's revision consideration of the expected
FIRM's subject to public review in the upcoming months.
ALTERNATIVES:
1. Award Contract to HDR Engineering, Inc. as recommended.
2. Do not award contract.
OTHER CONSIDERATIONS:
The following alternatives were considered:
1. Do nothing and accept FEMA's proposed storm surge analysis as proposed in FEMA's
updated FIRM's. The seawall structure system in its current condition does not meet FEMA's
proposed revised elevation requirements to provide flood protection against the 100 -year storm
event and the area behind the flood protection system would be mapped as either an AE or AO
zone, and flood insurance would be required for properties with federally backed mortgages.
2. Enter into a consultant agreement to complete an independent assessment of storm surge
analysis along Corpus Christi Bay and compare the results to FEMA's storm surge analysis.
Pending the results, this independent analysis would give the City the ability to comment to
FEMA regarding their wave run -up methodology and results which could then lend itself to a
reduction in the FEMA proposed elevations.
This contract is anticipated to be approved and recommended for award on July 16, 2012 by the
Corpus Christi Business and Job Development Board (Type A).
CONFORMITY TO CITY POLICY:
Conforms to statutes regarding Request for Qualifications process; Conforms to requirements of
the Corpus Christi Business and Job Development Board for appropriation and use of Type A
funds for seawall maintenance.
EMERGENCY / NON - EMERGENCY:
Emergency
DEPARTMENTAL CLEARANCES:
Engineering Services
C:AProgram Files \Granicus \Legistar5\ Packet \991_ City Comm" _7_17_2012 \0028_1_Memo - FEMA1 .docx
FINANCIAL IMPACT:
❑ Operating
❑ Revenue
X Capital
❑ Not applicable
Fiscal Year: 2011 -2012
Project to
Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
$175,000.00
$175,000.00
Encumbered / Expended
Amount
This item
$175,000.00
$175,000.00
BALANCE
$0.00
$0.00
Fund(s): Seawall System CIP Fund
Comments: This contract is recommended to be approved for the entire contract amount of
$168,312.00 for Task 1: Review of Revised FIS; Task 2: Wave Analyses and Technical
Documentation; Task 3: Technical Appeal, and Additive Options with TAMU -CC and NAS
dependent on their participation. Only tasks 1, 2 and 3 are authorized at this time. Authorization
for additive options with TAMU -CC and NAS is pending future Interlocal agreement.
This project may have substantial cost savings to downtown property owners if the downtown
area is mapped as a Zone X in lieu of Zone AE or AO. In addition, even if the area is still
mapped initially as an AE or AO, any reduction in the FEMA proposed storm surge elevation
would result in substantial savings to the City in any future seawall elevation improvements.
RECOMMENDATION:
City Staff recommend the approval of a professional services contract with HDR Engineering,
Inc. of Corpus Christi, Texas in the amount of $168,312.00 for the Preliminary FEMA Bayfront
Flood Insurance Rate Maps Assessment project.
LIST OF SUPPORTING DOCUMENTS:
Location Map
C:AProgram Files \Granicus \Legistar5\ Packet \991_ City Comm" _7_17_2012 \0028_1_Memo - FEMA1 .docx
\Mproject \councilexhibits \exhE12070.d wg
RIVER
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PROJECT #E12070
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F.M. 43
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LOCATION MAP
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WHITECAP
SEA PINES
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MEXICO
Preliminary FEMA Bayfront
FIRM Assessment
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
N � .
AGREEMENT
for
PROFESSIONAL SERVICES
i) 1
This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal
corporation, "CITY ", acting through its duly authorized City Manager or designee ( "City Engineer "), and
HDR Engineering Inc. of Corpus Christi, Texas, acting through its duly authorized representative who is
Carl Crull, P.E., Vice President, (CONSULTANT), which agree as follows:
1. DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in
connection with City's project, described as follows: Preliminary FEMA Bayfront FIRM Assessment
(Project No. El 2070) "Project ".
2. SCOPE OF WORK. "CONSULTANT" shall provide services for the PROJECT in
accordance with the accompanying Letters, Scope of Services, and Fee attached as "Exhibit A ".
3. FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in accordance
with Exhibit "A ", Scope of Services, and Fee under this AGREEMENT, a total fee not to exceed
$168,312.00 (in figures), (One Hundred Sixty Eight Thousand Three Hundred Twelve and Zero
Cents) (in words).
4. INDEMNIFICATION AND HOLD HARMLESS. The "CONSULTANT" agrees to
indemnify, save harmless and defend the "CITY ", and it's agents, servants, and employees as more fully
set forth in "Exhibit B ".
CITY OF CORPUS CHRISTI HDR EN EERI , .
Oscar R. Martinez
Assistant City Manager
RECOMMENDED:
(Date) Carl Crull. P.E. (Date)
Vice President
555 N. Carancahua, Suite 1650
Corpus Christi TX 78478
361-86-7-2.211 Office 6 9.3�O
361- 857-7Q-34 Fax o 94 -3$s5
Daniel Biles, P. E., (Date)
Director of Engineering Services
APPROVED AS TO FORM:
Office of Mgmt and Budget (Date)
Project No. E12070 ,,r0
Funding Source: 5509)4- 3271 - 00000- B12070
Encumbrance No.
Legal Department (Date) ENTERED
JUN 26 2012
CONTRACT MANAGERS`
K:IENGINEERING DATAEXCHANGEICLARISSAJIPUBLIC HEALTH & SAFETY1E12070 - PRELIM FEMA BAYFRONT FIRM ASSESSMENT\HDRIAGREEMENT FOR
PROFESSIONAL SERVICES.DOCX
ONL COMMNY
City of Corpus Christi
Attn: Mr. Dan Bil.es, PI,
PC).Box 9277
Corpus Christi, '1:X,; 78469 -9277
RE: PROPOSAL TO PROVIDE ENGINEERING SERVICES FOR TECHNICAL
APPEAL OF 1'R ':LIIVIINAR \' FLOOD MAPS A LON CORPUS CHRISTI
13Ay!1' ONT
Dear Mr, Biles,
Th,arik you for t e opportunity to submit this proposal to support a technical appeal of the Base
rloacl`Elevations (.1:311,5) shown on the preliminary Flood Insurance Rate Maps (1 l ZMs) recently
issued 'lot' the City of Corpus Christi by the Federal Emergency= lv anagern.eni Agency= (1'E.MA;).
Carr understanding is that the City desires application of a more rigorous wave analysis that
offers pot titia1 to reduce conservatism in the.BITEs calculated by 1 EMA, This effort is desired
for three silts: (l) the downtown bayfront along Shoreline Drive, (2) Texas A&M University
Coa.-l)us Christi (Ti'MI.I -CC), and (3) Naval Air Station (NAS) Corpus Christi. Our local team of
*Ishii engineers haas prior wave modeling experience at all three of these sites. In addition, we
have performed' waye modeling on previous projects involving revision and/or reassessment of
t lR3vjs, and have experienc€;:with FEWIA's 'ippcal procedures. 1'lcasc note that this assessment
will not include review ~;- oi' F ENIA's stomata stu ge modeling and the associated cti.11watet•
(ievrttion coinpont.nt of the 131' =' t;s; only the wave analysis component will be included. Our
proposed scope is outlined below.
SCOPE OF SERVICES
Tiisk 1; Review of Re ised I :IS
1IOR will perform a technical review of FEMA's preliminary Flood Insurance Study (1'IS) and
aceorfpany ing Technical Support _Data Notebook that se vie as the basis for the revised El-Ms.
,Sptai.ltcall:y,: L v1A'S: e aloul€ation of wave heights, runtil , and overtopping at each of the three,
site will be assessed for potential application of improved scientific Rtndfor technical methods
and assumptions. Opportunities for reducing conservatism in ware contributions to the l"3F1 s that
may ha ve resulted li0111 simplifying assumptions, limited boundary condition dat <a, coarse model
resolution, older calculation methodologies, and other aspects of the HS will be considered.
Results of the review will be provided to the City in a brief memorandum along with
reconuntendations for proceeding to a more rigorous weave analysis that may help reduce the
BFEs: This task inludes a meeting with the, City to discuss results of the review, 1:-IDR.
document key information exchanged during the meeting and issue meeting notes.
MUlifnilio; actin g.I c.
Taxesfin9isir rads,,pmeting dint i-75
EXHIBIT "A"
Page 1 of 4
Mr. Dan Biles. P.E.
City of Corpus Christi
June 18, 2012
Page 2 of 4
P74318
Task 2: Wave Analyses and Technical Documentation
Based on the recommendations developed under Task 1 and subsequent coordination with the
City, HDR will develop a two- dimensional spectral wave model and perform associated wave
analyses for each site. The model will be developed with FEMA- approved software, likely
MIKE21. The focus of the wave modeling will be to reduce conservatism in the BFEs for each
site. The 100 -yr stillwater elevations provided by FEMA will be applied as the stillwater
elevation for each model case. To help .increase model accuracy, surveying will be.performed at
each site to provide updated bathymetry (as well as improved bathymetric . resolution) and
confident correlation of elevation datums between topographic and bathymetric features. Model
output will be applied for wave runup /overtopping calculations, where applicable, and associated
calculation of BFEs. In the event that calculation methods don't follow FEMA's standard
guidelines, justification will be provided based on scientific and/or technical improvements
. resulting from the alternative methods.
Results of the wave analyses will be applied . to develop revised flood profiles and annotated
FIRMs. Documentation will be provided to the City in a technical report suitable for submitting
to FEMA as a technical appeal, with digital' files included as appendices. Prior to finalizing the
technical documentation, results of the analyses will be reviewed with City staff during a
progress meeting to be held at the City: Following the meeting, HDR will prepare and distribute
meeting notes and finalize the report.
Task 3: Technical Appeal
The final technical report and annotated FIRMs prepared under Task 2 will be submitted to
FEMA by the City (or by HDR as an authorized representative of the City) as an appeal to the
preliminary FIRMs. HDR will assist the City in coordinating with FEMA during the appeal
resolution phase including participation. in meetings at the City, teleconferences with FEMA,
providing written responses to questions and comments, and providing requested supplemental
information and backup data. Because the timeframe for FEMA to make a final decision on the
appeal will be dependent on the level of complexity of the appeal, as well as FEMA's overall
workload, HDR estimates the appeal resolution process could take anywhere from two to twelve
month's. HDR's proposed scope is based on up to three months of support for appeal resolution,
including up to three teleconferences with FEMA and responding to up to three requests for
additional information.
HDR Engineering, Inc.
Texas Registered Engineering Firm F.754
EXHIBIT "A"
Page 2 of 4
Mr. Dan Biles, P.E.
City of Corpus Christi
June 18, 2012
Page 3 of 4
P74318
ASSUMPTIONS AND LIMITATIONS
• The current (preliminary) FIRMs in full- scale /resolution digital format, FIS report, Technical
Support Data Notebook, wave analysis digital 'files (CHAMP, WHAFIS, and ACES), and
associated technical data prepared by FEMA will be provided to HDR by the City. Any
supplemental data or information needed by HDR will be obtained from FEMA by the City.
• This assessment will be limited to the following areas:
1. Downtown Bayfront — portion of Corpus Christi Bay along Shoreline Drive between
Buford Street and the Art Museum;
2. TAMU -CC — portion of Corpus Christi Bay adjacent to Ward Island;
3. NAS — portion of Corpus Christi Bay and Laguna Madre (the "Boat Hole" area) adjacent
to NAS.
HDR has . not included wave analyses in Oso Bay (adjacent to TAMU -CC and NAS) in this .
scope.
• All three, sites will be included in the same appeal. A stand-alone technical memorandum will
not be provided for each site.
• Review and/or technical appeal of the 100 -yr storm surge elevations (i.e., the "stillwater
elevations ") and associated surge modeling methodology will not be included. This review
will be limited to the wave modeling/analysis component of the proposed BFEs.
• HDR has assumed bathymetry from recent surveys performed at McGee Beach and
TAMU -CC by the Conrad Blucher Institute for Surveying and Science (under contract with
the Texas General Land Office) will be provided to HDR for developing the wave models. If
these data are not available, additional surveying and associated feemay be required. Also,
we have assumed the City will assist with any needed coordinated with NAS on security
issues related to site access.
• HDR has included an allowance for supporting the City during FEMA's appeal resolution.
phase. Please note that the outcome of the appeal resolution process will be greatly
dependent on the availability and responsiveness of FEMA and their third -party mapping
partners: The City and HDR agree that the schedule and outcome of the appeal process are
outside of HDR's control and that the appeal may not be granted. The City agrees to pay
HDR for all applicable services regardless of schedule or outcome. In addition, should the
appeal resolution process last longer than three months, additional fee will be required,
• No travel for meetings outside of Corpus Christi is included. HDR has assumed all meetings
with FEMA will be held via conference call.
HEIR Engineering, Inc.
Texas Registered Engineering Firm F454
EXHIBIT "A"
Page 3 of 4
vfr L)an 13jI .1'.f:,
C 4- nt'C orpus Christi
ot'.
P7.1.3.111
PROPOSED FEE AND REQUESTED ACTION
7 latink yon again for the opportunity to submit this proposal. We propose to provide the Scope of
Se view described above on 4 lump sum basis in accordance with Table 1, "Summary of scope
au l Dees." The fee is structured NVith the cE(o.rt: 1or the downtown bas =front shown as the base.
worts and 'Tj'dvlil =CC and "NAS- broken out as additive options; 11 additional services become.
necessary, we Will acquire aiatltt rization ;bona the City and bill. for these services at an ngreed..to
l "ialale 1s St1W.miti. !•ot'Proposecl`8ropc and Fee
Serb c l teni
Task 1. Review of Revised PIS
'fask. 1 Wave Analyses and ':17cchnical Documentation
1,a* a Technical Appeal
SUBTC)`1'AI,, (DOWNTOWN 13A 'FI ()N'1'):
Fie
Additive Option ('l ANAL' -CC):
Additive Option (NAS):
$13,413
$71',404
$14295
$99;1.12
$30.800
TOTAL:
$38,4100
$168;31.2
We look forward to your approval of the above scope and lees and development of the
appropriate paperwork fora contract. 'Cluanik you :a1 iain, :and please. call anytime to discuss this
protect. in more detail..
Sineere:ly,
l i1:)R ENCi1NEERINO. INC.
Daniel .1, Heilman, P...
Project MMTanager
11:0;/1"di
Carl Chill,
Vice President
Cc : Nattaslaa fudge, P.1.,Progranm Manager, City of Corpus Christi
I)J1Tilicn1
HUU Errgintsnritn, lair.
Toio SAritti53h[t)d Er, €iiiittering firm F-7114
EXHIBIT "A"
Page 4 of 4
EXHIBIT "B"
MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION
FOR A!E PROFESSIONAL SERVICES /CONSULTANT SERVICES
(Revised October 2010)
A. Consultant 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
Consultant must not allow any subcontractor to commence work until all similar insurance
required of the subcontractor has been obtained.
B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of
Insurance, showing the following minimum coverages by insurance company(s) acceptable
to the City's Risk Manager. The City must be named as an additional insured for all liability
policies, and a blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day Written Notice of Cancellation,
non - renewal or material change required
on all certificates
Bodily Injury & Property Damage
Per occurrence - aggregate
COMMERCIAL GENERAL LIABILITY
including:
1. Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
$1,000,000 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY to included
1. Owned vehicles
2.. Hired — Non -owned vehicles
$1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL LIABILITY including:
Coverage provided shall cover all
employees, officers, directors and agents
1. Errors and Omissions
$1,000,000 per claim / $2,000,000
aggregate
(Defense costs not included in face value
of the policy)
If claims made policy, retro date must be
prior to inception of agreement; have
extended reporting period provisions and
identify any limitations regarding who is
an Insured
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
Which Complies with the Texas Workers
Compensation Act
500,000/500,000/500,000
EXHIBIT "B"
Page 1 of 3
K:1Engineering DateExchangelClarissaJlPublic Health & Safety1E12070 - Prelim FEMA Bayfront FIRM Assessment\HDRlExhibit B - Insurance and lndemnification.docx
b
C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies
of all reports within (10) ten days of accident.
D. Consultant 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 and 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.
E. Consultant's financial integrity is of interest to the City; therefore, subject to
Successful Consultant's right to maintain reasonable deductibles in such amounts as are
approved by the City, Consultant shall obtain and maintain in full force and effect for the
duration of this Contract, and any extension hereof, at Consultant'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.
F. 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). Consultant 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. Consultant 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
Fax: (361) 826 -4555
G. Consultant agrees that with respect to the above required insurance, all insurance policies
are to contain or be endorsed to contain the following required provisions:
i. 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 and professional liability polices;
ii. 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;
iii. Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
iv. Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non - renewal or material change in coverage, and not Tess than
ten (10) calendar days advance written notice for nonpayment of premium.
EXHIBIT "B"
Pa. e 2 of 3
K:1Engineering DataExchangalClarissaTiPublic Health & Safety1E12070 - Prelim FSMA Bayfro"t FIRM Assessmen1YHDRIExhibit B - Insurance and Indemnificalion.docx
H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage,
Successful Consultant shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Consultant'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 contract.
I. In addition to any other remedies the City may have upon Consultant'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 Consultant to stop work hereunder, and/or
withhold any payment(s) which become due to Consultant hereunder until Consultant
demonstrates compliance with the requirements hereof.
J. Nothing herein contained shall be construed as limiting in any way the extent to which
Successful Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractors' performance of the work covered
under this agreement.
K. It is agreed that Consultant'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 contract.
L,
11 is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this contract.
INDEMNIFICATION AND HOLD HARMLESS
Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and
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 negligent performance of Consultant's services covered by this
contract. The foregoing indemnity shall apply except if such injury, death or damage
is caused by the sole or concurrent negligence of the City of Corpus Christi, its
agents, servants, or employees or any other person indemnified hereunder.
EXHIBIT "B"
Page 3 of 3
KAEngineering DataExchangelClarissaJ\Public Health & SafetylE12070 - Prelim FEMA Bayfrant FIRM Assessment \HDR \Exhibit 13 - Insurance and Indemnification.docx
wtir
City of
�
us
SUPPLIER NUMBER
TO BE ASSIGNED BY'arr-
PURCHASING DIVISION
Exhibit C
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 1.71 12, as amended, requires all persons or firms seeking to do business
with the City to provide the following information. Every question must be answered, IF the question is
not applicable, answer with "NA ". See reverse side For Filing Requirements, Certifications and
definitions.
COMPANY NAME: HDR Engineering, Inc
P.O. BOX:
STREET ADDRESS: 555 N. Carancahua, Suite 1650 CITY Corpus Christi, TX ZIP: 78401 -
FIRM IS: 1. Corporation ® 2. Partnership e 3. Sole Owner ❑
4, Association 5. Other
DISCLOSURE QUESTIONS
if additional space is necessary, please use the reverse side of this page or attach separate sheet.
i. State the names of each ' employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Job Title and City Department (if known)
NIA
2. State the names of each "official" or the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Title
NIA
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Board, Commission or Committee
N/A
4. State the names of each employee or officer of a '`consultant" for the City of Corpus Christi who
worked on any matter related to the subject of this contract and has an "ownership interest"
constituting 3% or more of the ownership in the above named "firm, '
Name Consultant
N/A
EXHIBIT "C"
Page 1 of 2
FILING REQUIREMENTS
lfa person who requests official action on a matter knos that the requested action will confer an
economic benefit on arty City ol' w
Iicial or employee that is distinguishable from the effect that the action
will have on members of the public, iii general or a substantial segment thereof. you shall disclose thin ['net
in a signed writing to the City official. ettiplo>ee oi' body that has been requested to act in the muttei.
unless the interest of the City oil tend or employee in the matter is apparent. The disclosure shall also he
made in a signed writing filed with the C'it) Secretor). [Ethics ()rdinance Section 2 -349 0)1
Clat'I'IFICATI(lN
I certify that all information provided is trite and correct as oI'the daie of this statement. that 1 have not
knowingly withheld disclosure of an inhumation requested: and Clint supplemental statements will be
promptly-submitted to the City ol'Corpus Christi, 'Texas as changes occur.
Certifying Person: Carl E. Crall
Pfeil or NriuI)
Signature of Certifying
Person:
Title: Vice President
DEFINITIONS
Date:
td,7i
a, " 13oard member.- A ntentber of nn.+ board. commission. or committee appointed by the City
Council pithy City ol'Corpus Christi. Texas,
h. -Economic benefit ". :1n action that is Iikel■ to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
C. -Employee:. Any persint employed by the Ch) or Corpus Christi. Texas either on a bill or part-
time basis. but not as an independent contractor.
d. " Finn." Any entity operated I'm economic gain. whether professional. industrial or commercial. and
whether established to produce or deal with a product or service. including but not limited to. entities
operated in the forth of stile proprietorship, as sell -employed person. partnership, corporation, ,joint
stock company. joint venture. receivership or trust. and entities which Iitr purposes of taxation are
treated as non - profit organizations.
c. "Official.- The Mayor. members of the City Council. City 'tanager. 1)epnty City Manager.
Assistant City Managers, Department and Division I-leads. and Municipal Court Judges of the City of
Corpus Christi. Texas.
f. -Ownership Interest." Legal or equitable interest. whether actually or constructively held. in a
tirni. including w, hen such interest is held through an agent. truss. estate. or holding entity.
"Constructively held" refers to holdings or control established through voting/ trusts, proxies. or
special terms of venture or partnership agreements.-
g. "Consultant." Any person or firth, such as engineers and architects. hired b) the City oI' Corpus
Christi for the purpose of professional consultation and recommendation.
EXHIBIT "C"
Page 2 of 2
Basic Services:
Task 1. Review of FIS
Task 2. Wave Analyses and
Technical Documentation
Task 3. Technical Appeal
Subtotal Basic Services
Additional Services:
Additive Option (TAMU-CC)
Additive Option (NAS)
Subtotal Additional Services
Summary of Fees
Basic Services Fees
Additional Services Fees
Total of Fees
r --
PRELIMINARY FEMA BAYFRONT FIRM ASSESSMENT
Project No. E12070
Invoice No. 12345
Invoice Date:
Total Amount Previous
Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice
Total
Invoice
Percent
Complete
$13,413
$0
$0
$13,413
$0
$0
$0
0%
71,404
0
0
71,404
0
0
0
0%
0
0
0
0
0
0
0
n/a
14,295
0
0
14,295
0
0
0
n/a
0%
0
0
0
0
0
0
0
$99,112
$0
$0
$99,112
$0
$0
$0
0%
$30,800
$0
$0
$30,800
$0
$0
$0
0%
38,400
0
0
38,400
0
0
0
0%
$69,200
$0
$0
$69,200
$0
$0
$0
0%
$99,112
$0
$0
$99,112
$0
$0
$0
0%
69,200
0
0
69,200
0
0
0
0%
$168,312
$0
$0
$168,312
$0
$0
$0
0%
AGENDA MEMORANDUM
for the City Council Meeting of July 24, 2012
DATE: June 13, 2012
TO: Ronald L. Olson, City Manager
FROM: Daniel Biles, P.E., Director of Engineering Services
Danb(a)cctexas.com
(361) 826 -3729
Valerie Gray, P.E., Director of Streets and Storm Water Services
Vgray(a�cctexas.com
(361) 826 -1875
Motion to Execute Construction Contract:
Williams Drive Phase 1 from Rodd Field to Nile Drive, and
Williams Drive Phase 2 from Nile Drive to Airline Road (Bond 2008)
CAPTION:
A. Motion authorizing the City Manager, or designee, to execute a Construction Contract
with Reytec Construction Resources, Inc of Houston, Texas in the amount of
$17,714,384.10 for Williams Drive Phases 1 & 2 from Rodd Field to Nile Drive and Nile
Drive to Airline Road for the Base Bid and Additive Alternates No. 1 & 2. (Bond 2008).
B. Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to a
Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the
amount of $85,160.00 for a restated fee of $1,115,640.00 for Williams Drive Phase 1
from Rodd Field to Nile Drive for TxDOT assistance, plan revisions, and additional
construction observation services. (Bond 2008).
C. Motion authorizing the City Manager, or designee, to execute Amendment No.1 to a
Contract for Professional Services with Naismith Engineering, Inc. of Corpus Christi,
Texas in the amount of $126,540.00 for a restated fee of $1,232,714.00 for Williams
Drive Phase 2 from Nile Drive to Airline Road for additional construction observation
services. (Bond 2008).
PURPOSE:
This item proposes to award a construction contract for the rehabilitation of Williams Drive from
Rodd Field to Airline Road. This project includes the removal of the existing two -lane roadway
and the construction of a four -lane concrete road. Additional proposals will award two
amendments required to provide additional construction observation services required for the
construction contract.
BACKGROUND AND FINDINGS:
The construction contract includes the rehabilitation of Williams Drive from Rodd Field to
Airline Road. This project includes the removal of the existing two -lane roadway and the
construction of a four -lane concrete road with turning lanes at each intersection, new curb and
gutter, sidewalks, ADA curb ramps, bus pads, lane striping, pavement markings, street lighting,
signalized intersections, and utility work to improve public safety and traffic flow in the area.
This work complies with the Urban Transportation Plan for C3 (four -lane collector) street
sections. This project is being phased to cause the least amount of disruption to vehicular
traffic, businesses, Smith Elementary School and area residents.
On May 9, 2012, the City received proposals from four (4) bidders and the lowest three bidders
and their respective bids are as follows:
Contractor
Base Bid
Alternate No.
1
Alternate
No. 2
Reytec Construction Resources,
Inc.
Houston, Texas
$18,469,554.85
$(855,170.75)
$100,000.00
SER Construction
Pasadena, Texas
$17,999,873.95
$(154,284.48)
$0.00
Bay, Ltd.
Corpus Christi, Texas
$19,774,534.85
$63,525.65
$0.00
Alternate No. 1: Continuously Reinforced Concrete in lieu of HMAC
Alternate No.2: Expedited Schedule from Rodd Field to Airline Road to build the project in 990
Calendar Days (CD) in lieu of 1170 CD.
ALTERNATIVES:
1. Award project as presented
2. Award the project without the Additive Alternate for Concrete in lieu of HMAC (not
recommended)
2. Don't award project (not recommended)
OTHER CONSIDERATIONS:
Not Applicable
CONFORMITY TO CITY POLICY:
Conforms to statues regarding construction procurement criteria; FY 2011 -2012 Street and
Utility Capital Budget.
EMERGENCY / NON- EMERGENCY:
Not Applicable
FINANCIAL IMPACT (2012 — 2013 CIP):
❑ Operating
❑ Revenue X Capital
❑ Not applicable
Fiscal Year: 12 -13
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
$2,120,000.00
$12,630,800.00
$10,001,000.00
$24,751,800.00
RTA Contribution
0.00
137,440.00
0.00
137,440.00
TOTAL BUDGET
$2,120,000.00
$12,768,240.00
$10,001,000.00
$24,889,240.00
Encumbered /
Expended Amount
2,120,000.00
0.00
0.00
2,120,000.00
This item
0.00
12,768,240.00
5,157,844.10
17,926,084.10
Future Expenditures
2,957,674.06
2,957,674.06
BALANCE
$0.00
$0.00
$1,885,481.84
$1,885,481.84
Fund(s): Capital / RTA
Comments: The RTA contributed $137,400 for the construction of bus stops along the project
route.
RECOMMENDATION:
The City's project consultants, RVE, Inc. and Naismith Engineering, conducted a life cycle cost
analysis using the Federal Highway Administration's Real Cost Program to compare asphalt
pavement to concrete pavement. The analysis was performed with and without User Cost
Values. The results showed that over the course of a 30 -year design life, the maintenance
construction cost associated with the concrete section is approximately $1,300,000 less than
the maintenance construction cost associated with the HMAC section. In addition, the User
Cost associated with the maintenance of the concrete section is approximately $200,000 less
than the User Cost associated with maintaining the HMAC section.
Additive Alternate No. 1, Jointed Reinforced Concrete in lieu of HMAC, is recommended due to
the results of the life cycle cost analysis.
Additive Alternate No. 2, to expedite the construction schedule from 1170 CD to 990 CD will
save 180 Calendar Days for the construction contract from Rodd Field to Airline Road. Section
A -6 of the Special Provisions establishes the liquidated damages at $2,000 per day. As such,
the value of Alternate No. 2 is $360,000 or 180 days times $2,000 per day. Reytec's bid for
Alternate No. 2 is $100,000 and therefore award of this alternate is recommended.
The City's consultant for Williams Drive Phase 1 (Rodd Field to Nile) is RVE, Inc and for
Williams Drive Phase 2 (Nile to Airline) is Naismith Engineering. Both consultants reviewed
the bids and conducted a bid analysis of the four proposals submitted to the City. The lowest
bidder based on Base Bid and Additive Alternates No. 1 and 2 is Reytec Construction
Resources, Inc of Houston, Texas. Based on the information submitted for Special Provisions
A -28, A -29, and A -30, Reytec Construction Resources, Inc has the experience and resources
to complete the project.
With the expedited construction schedule, the project is anticipated to last thirty -three (33)
months. The construction sequence is broken into five (5) phases of work and will require
integrated construction oversight between two different consultant inspectors. Work will begin
at the Rodd Field intersection, shift to the southern section (Phase 1 & 2) for drainage and
street construction and then shift to the north side for utility and street construction. Two travel
lanes will be open throughout construction as work progresses from Rodd Field back to Airline
Road. Originally, construction observation was estimated to require 24 hours of inspection per
week. The new schedule will now require additional inspection services and the amendments
presented will increase the hours of inspection to 40 hours per week.
City staff recommends approval of the construction contract for Williams Drive Phases 1 and 2
(Rodd Field to Airline Road) for Base Bid with Alternates No. 1 and 2 to Reytec Construction
Resources, Inc... In addition, staff recommends approval of Amendment No. 3 with RVE, Inc.
and Amendment No. 1 with Naismith Engineering as presented.
FUTURE COUNCIL ACTION:
At the time of contract award, a Construction Materials Testing Agreement had not been
completed. Staff will return to City Council at a future date to have an agreement approved.
LIST OF SUPPORTING DOCUMENTS:
Project Budget
Location Map
File : \ Mproject \councilexh \exh6466- 6467.dwg
NUECES BAY
CORPUS CHRISTI BAY
N
PROJECT #6466 & #6467
LOCATION MAP
NOT TO SCALE
FLOUR BLUFF
PROJECT #6466 WILLIAMS DRIVE, PHASE 1
FROM RODD FIELD ROAD TO NILE DRIVE
&
PROJECT #6467 WILLIAMS DRIVE, PHASE 2
FROM NILE DRIVE TO AIRLINE
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
■
■
■
Williams Drive, Phase Nos. 1 & 2
Phase 1—Rodd Field to Nile Drive
Phase 2 —Nile Drive to Airline Road
Bond 2008
Council Presentation
July 10, 2012
Project Scope
Existing Road Section
Clay Subgrade
Geog rid
Reinforcement
Project Scope
Base Bid: Alternate No. 1:
Asphalt Pavement Section Concrete Pavement Section
Clay Subgrade
Clay Subgrade
Recommended Section
Project Schedule
Project Estimate: 1170 Calendar Days 39 Months (Base Bid)
990 Calendar Days 33 Months (Alt. No. 2)
Projected Schedule reflects City Council award in July 2012 with
anticipated construction completion in June 2015.
Public Meeting to be held in August 2012.
FUNDS AVAILABLE
Williams Drive Phase 1
Williams Drive Phase 2
RTA
Storm Water
Wastewater
Water
Gas
TOTAL FUNDS AVAILABLE
FUNDS REQUIRED:
Construction (Reytec Resources):
Contingencies
Texas Department of Transportation Advance Funding Agreement
Consultant Fees:
*Consultant (Naismith)
**Consultant (RVE)
Geotechnical Testing (Tolunay-Wong)
Materials Testing (Estimate) To be determined
Reimbursements:
TOTAL
ESTIMATED PROJECT BUDGET BALANCE
Project Cost
$ 2,475,000.00
5,470,000.00
137, 440.00
12,545,600.00
2,569,300.00
1, 671, 900.00
20,000.00
$ 24, 889, 240.00
$ 17,714,384.10
1, 771, 438.41
8,562.00
1, 232, 714.00
1,115,640.00
19, 896.25
250, 000.00
891,123.40
$23,003,758.16
$ 1,885,481.84
* Construction Observation Services were approved at 24 hours per week in Naismith Engineering's contract which
was approve by City Council Motion No. 2010-117. This amendment will increase inspection services to 40 hours cayoic.T.
per week.
** Construction Observation Services were approved at 24 hours per week in RVE, Inc.'s contract which was
approve by City Council Motion No. 2010-116. This amendment will increase inspection services to 40 hours per
week.
Your Cuy 6rcal.
Lk rd X008
AGENDA MEMORANDUM
for the City Council Meeting of July 24, 2012
DATE: June 13, 2012
TO: Ronald L. Olson, City Manager
FROM: Daniel Biles, P.E., Director of Engineering Services
Danb(a)cctexas.com
(361) 826 -3729
Valerie Gray, P.E., Director of Streets and Storm Water Services
Vgray(a�cctexas.com
(361) 826 -1875
Motion to Execute Construction Contract:
Williams Drive Phase 1 from Rodd Field to Nile Drive, and
Williams Drive Phase 2 from Nile Drive to Airline Road (Bond 2008)
CAPTION:
A. Motion authorizing the City Manager, or designee, to execute a Construction Contract
with Reytec Construction Resources, Inc of Houston, Texas in the amount of
$17,714,384.10 for Williams Drive Phases 1 & 2 from Rodd Field to Nile Drive and Nile
Drive to Airline Road for the Base Bid and Additive Alternates No. 1 & 2. (Bond 2008).
B. Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to a
Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the
amount of $85,160.00 for a restated fee of $1,115,640.00 for Williams Drive Phase 1
from Rodd Field to Nile Drive for TxDOT assistance, plan revisions, and additional
construction observation services. (Bond 2008).
C. Motion authorizing the City Manager, or designee, to execute Amendment No.1 to a
Contract for Professional Services with Naismith Engineering, Inc. of Corpus Christi,
Texas in the amount of $126,540.00 for a restated fee of $1,232,714.00 for Williams
Drive Phase 2 from Nile Drive to Airline Road for additional construction observation
services. (Bond 2008).
PURPOSE:
This item proposes to award a construction contract for the rehabilitation of Williams Drive from
Rodd Field to Airline Road. This project includes the removal of the existing two -lane roadway
and the construction of a four -lane concrete road. Additional proposals will award two
amendments required to provide additional construction observation services required for the
construction contract.
BACKGROUND AND FINDINGS:
The construction contract includes the rehabilitation of Williams Drive from Rodd Field to
Airline Road. This project includes the removal of the existing two -lane roadway and the
construction of a four -lane concrete road with turning lanes at each intersection, new curb and
gutter, sidewalks, ADA curb ramps, bus pads, lane striping, pavement markings, street lighting,
signalized intersections, and utility work to improve public safety and traffic flow in the area.
This work complies with the Urban Transportation Plan for C3 (four -lane collector) street
sections. This project is being phased to cause the least amount of disruption to vehicular
traffic, businesses, Smith Elementary School and area residents.
On May 9, 2012, the City received proposals from four (4) bidders and the lowest three bidders
and their respective bids are as follows:
Contractor
Base Bid
Alternate No.
1
Alternate
No. 2
Reytec Construction Resources,
Inc.
Houston, Texas
$18,469,554.85
$(855,170.75)
$100,000.00
SER Construction
Pasadena, Texas
$17,999,873.95
$(154,284.48)
$0.00
Bay, Ltd.
Corpus Christi, Texas
$19,774,534.85
$63,525.65
$0.00
Alternate No. 1: Continuously Reinforced Concrete in lieu of HMAC
Alternate No.2: Expedited Schedule from Rodd Field to Airline Road to build the project in 990
Calendar Days (CD) in lieu of 1170 CD.
ALTERNATIVES:
1. Award project as presented
2. Award the project without the Additive Alternate for Concrete in lieu of HMAC (not
recommended)
2. Don't award project (not recommended)
OTHER CONSIDERATIONS:
Not Applicable
CONFORMITY TO CITY POLICY:
Conforms to statues regarding construction procurement criteria; FY 2011 -2012 Street and
Utility Capital Budget.
EMERGENCY / NON- EMERGENCY:
Not Applicable
FINANCIAL IMPACT (2012 — 2013 CIP):
❑ Operating
❑ Revenue X Capital
❑ Not applicable
Fiscal Year: 12 -13
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
$2,120,000.00
$12,630,800.00
$10,001,000.00
$24,751,800.00
RTA Contribution
0.00
137,440.00
0.00
137,440.00
TOTAL BUDGET
$2,120,000.00
$12,768,240.00
$10,001,000.00
$24,889,240.00
Encumbered /
Expended Amount
2,120,000.00
0.00
0.00
2,120,000.00
This item
0.00
12,768,240.00
5,157,844.10
17,926,084.10
Future Expenditures
2,957,674.06
2,957,674.06
BALANCE
$0.00
$0.00
$1,885,481.84
$1,885,481.84
Fund(s): Capital / RTA
Comments: The RTA contributed $137,400 for the construction of bus stops along the project
route.
RECOMMENDATION:
The City's project consultants, RVE, Inc. and Naismith Engineering, conducted a life cycle cost
analysis using the Federal Highway Administration's Real Cost Program to compare asphalt
pavement to concrete pavement. The analysis was performed with and without User Cost
Values. The results showed that over the course of a 30 -year design life, the maintenance
construction cost associated with the concrete section is approximately $1,300,000 less than
the maintenance construction cost associated with the HMAC section. In addition, the User
Cost associated with the maintenance of the concrete section is approximately $200,000 less
than the User Cost associated with maintaining the HMAC section.
Additive Alternate No. 1, Jointed Reinforced Concrete in lieu of HMAC, is recommended due to
the results of the life cycle cost analysis.
Additive Alternate No. 2, to expedite the construction schedule from 1170 CD to 990 CD will
save 180 Calendar Days for the construction contract from Rodd Field to Airline Road. Section
A -6 of the Special Provisions establishes the liquidated damages at $2,000 per day. As such,
the value of Alternate No. 2 is $360,000 or 180 days times $2,000 per day. Reytec's bid for
Alternate No. 2 is $100,000 and therefore award of this alternate is recommended.
The City's consultant for Williams Drive Phase 1 (Rodd Field to Nile) is RVE, Inc and for
Williams Drive Phase 2 (Nile to Airline) is Naismith Engineering. Both consultants reviewed
the bids and conducted a bid analysis of the four proposals submitted to the City. The lowest
bidder based on Base Bid and Additive Alternates No. 1 and 2 is Reytec Construction
Resources, Inc of Houston, Texas. Based on the information submitted for Special Provisions
A -28, A -29, and A -30, Reytec Construction Resources, Inc has the experience and resources
to complete the project.
With the expedited construction schedule, the project is anticipated to last thirty -three (33)
months. The construction sequence is broken into five (5) phases of work and will require
integrated construction oversight between two different consultant inspectors. Work will begin
at the Rodd Field intersection, shift to the southern section (Phase 1 & 2) for drainage and
street construction and then shift to the north side for utility and street construction. Two travel
lanes will be open throughout construction as work progresses from Rodd Field back to Airline
Road. Originally, construction observation was estimated to require 24 hours of inspection per
week. The new schedule will now require additional inspection services and the amendments
presented will increase the hours of inspection to 40 hours per week.
City staff recommends approval of the construction contract for Williams Drive Phases 1 and 2
(Rodd Field to Airline Road) for Base Bid with Alternates No. 1 and 2 to Reytec Construction
Resources, Inc... In addition, staff recommends approval of Amendment No. 3 with RVE, Inc.
and Amendment No. 1 with Naismith Engineering as presented.
FUTURE COUNCIL ACTION:
At the time of contract award, a Construction Materials Testing Agreement had not been
completed. Staff will return to City Council at a future date to have an agreement approved.
LIST OF SUPPORTING DOCUMENTS:
Project Budget
Location Map
File : \ Mproject \councilexh \exh6466- 6467.dwg
NUECES BAY
CORPUS CHRISTI BAY
N
PROJECT #6466 & #6467
LOCATION MAP
NOT TO SCALE
FLOUR BLUFF
PROJECT #6466 WILLIAMS DRIVE, PHASE 1
FROM RODD FIELD ROAD TO NILE DRIVE
&
PROJECT #6467 WILLIAMS DRIVE, PHASE 2
FROM NILE DRIVE TO AIRLINE
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
■
■
■
CITY OF CORPUS CHRISTI
AMENDMENT NO. 3
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, Texas, hereinafter called "CITY," and RVE. INC., hereinafter called
"CONSULTANT," agree to the following amendment to the Contract for Professional Services for
Williams Drive Phase 1 — Rodd Field to Nile Drive (Protect No. 6466) as authorized and
administratively amended by:
Original Contract
May 18, 2010
Motion No. M2010 -116
$974,190.00
Amendment No. 1
December 4, 2010
Administrative Approval
$10,000.00
Amendment No. 2
November 29, 2011
Administrative Approval
$46,290.00
EXHIBIT A, SECTION 1. SCOPE OF SERVICES, PART B. ADDITIONAL SERVICES shall be
modified as shown below.
12. Assist City with TxDOT Funding/Use Agreement associated with Rodd Field Road (SH357U
Williams Drive Intersection: The Original Contract, as amended, shall be revised to include the
following:
RVE will modify the construction plans and contract documents per TxDOT comments and prepare
an Opinion of Probable Cost and submittals to accompany the City's funding/use agreement with
TxDOT associated with the intersection of Rodd Field Road (SH357) and Williams Drive.
13. Add Concrete Pavement Alternative: The Original Contract, as amended, shall be revised to
include the following:
RVE will modify the construction plans and contract documents to add concrete pavement as an
altemate bid item in lieu of hot -mix asphalt concrete (HMAC) pavement. Modifications include design
of concrete pavement section, creation of a concrete jointing plan, creation of an additional detail
sheet to include the various required concrete details, and modification of the quantities sheet,
Opinion of Probable Cost and bid documents.
14. Combine Phase 1 and Phase 2 Plans and Contract Documents into One (1) Protect: The
Original Contract, as amended, shall be revised to include the following:
RVE will coordinate with the City and Naismith Engineering, Inc. to modify the construction plans and
contract documents in order to create one (1) set of similar bid documents that includes Phase 1 and
Phase 2.
15. Additional Construction Observation Services: The Original Contract, as amended, shall be
revised to include the following:
The original Contract establishes the Construction Observation obligation as 24 hours per week at
$100 per hour over an 18 month construction duration. With this Contract Amendment, RVE will
increase the Construction Observation fee to cover 40 hours per week over a 13 month period at
$100 per hour plus additional office administration time.
EXHIBIT A, SECTION 3. FEES, PART B. SUMMARY OF FEES shall be modified by the attached
Summary of Fees as shown in the attached Exhibit A for an additional fee not to exceed $85.160.00
(in figures) Eighty Five Thousand One Hundred Sixty Dollars and Zero Cents (In words) for a total
restated fee not to exceed $1.115.640.00, (in figures) One Million One Hundred Fifteen Thousand
Six Hundred Forty Dollars and Zero Cents (in words).
AMID. NO. 3
Page 1 of 2
All other terms and conditions of the May 18, 2010 contract between the City and Engineer and of any
amendments to that contract which are not specifically addressed herein shall remain in full force and
effect.
CITY OF CORPUS CHRISTI RVE 111
-11-1
Oscar R. Martinez Date Patrick D. Vete o, P. . tiate
Assistant City Manager
RECOMMENDED
Daniel Biles, P.E., Date
Interim Director of Engineering Services
ATTEST
Armando Chapa, City Secretary
APPROVED AS TO FORM
Assistant City Attorney Date
820 Buffalo Street
Corpus Christi, TX 78401
(361) 887-8851 Office (361) 887-8855 Fax
AMD. NO. 3
Page 2 of 2
WILLIAMS DRIVE PHASE 1
ROOD FIELD TO NILE DRIVE
(Project No. 6466)
SUMMARY OF FEES
Fees
ORIGINAL
CONTRACT
AMD. NO. 1
AMD. NO. 2
AMD. NO. 3
TOTAL
Basic Services
1. Preliminary Phase
$39,800.00
$0.00
$0.00
$0.00
$39,600.00
2. Design Phase
$158,460.00
$0.00
$41,450.00
$0.00
$199,910.00
3. Bid Phase
$13,200.00
$0.00
$0.00
$0.00
$13,200.00
4. Construction Phase
$52,830.00
$0.00
$0.00
$0.00
$52,830.00
Subtotal Basic Services Fee
$284, 090.00
$0.00
$41,450.00
$0.00
0305,540.00
Additional Services (Allowance)
1. Permit Preparation (Authorized)
$14,880.00
$0.00
$0.00
$0.00
$14,680.00
$54,700.001
2. ROW Acquisition Survey (Authorized)
$54,700.00
$0.00
$0.00
$0.00
3. Topographic Survey (Authorized)
$34,340.00
$0.00
$4,840.00
$0.00
$39,160.00
4. Subsurface Utility Exploration (S.U.E.)
(Authorized)
$40,500.00
$0.00
$0.00
$0.00
$40,500.00
5. Box Culvert Evaluation (Authorized)
$78,020.00
$0.00
$0.00
$0.00
$78,020.00
6. Box Culvert Rehabilitation Design (Authorized)
TBD
$10,000.00
$0.00
$0.00
$10,000.00
7. Offsite Drainage Design, Bid Phase,
Construction Phase (Authorized)
$245,000.00
$0.00
$0.00
$0.00
$245,000.00
8. Television Inspection of Sewer Lines
(Authorized)
$40,540.00
$0.00
$0.00
$0.00
$40,540.00
9. Public Meetings (3 Meetings) (Authorized)
$11,730.00
$0.00
$0.00
$0.00
$11,730.00
10. Construction Observation Services (18 -Month
Duration) (24 hrs/wk x $100/Hr) (Authorized)
$187,200.00
$0.00
$0.00
$0.00
$187,200.00
11. Warranty Phase (Authorized)
$3,390.00
$0.00
$0.00
$0.00
$3,390.00
12. Assist City with TxDOT Funding/Use Agreement
associated with Rodd Field Road
(SH357)/Williams Drive Intersection
(Authorized)
$0.00
$0.00
$0.00
89,630.00
$9,630.00
13. Add Concrete Pavement Alternative
(Authorized)
$0.00
$0.00
$0.00
$10,950.00
$10,950.00
14. Combine Phase 1 and Phase 2 Plans and
Contract Documents into One (1) Project
(Authorized)
$0.00
$0.00
$0.00
$19,380.00
$19,380.00
15. Additional Construction Observation Services
for a Total of (13 -Month Duration @ 40 hrs/wk
@ $100/Hr Plus Admin Fees) (Authorized)
$0.00
$0.00
$0.00
$45,200.00
$45,200.00
Subtotal Additional Services Fee
$ 710,100.00
$10, 000.00
$4,840.00
$85,160.00
$810,100.00
Total Fees
8874, 190.00_ 910, 000.00
$46,290.00
$85,160.00
$1,115,640.00
AMD. NO. 3
EXHIBIT 'A"
Page 1 of 1
City of
Corpus
Chnsti
SUPPLIER NUMBER
TO BE ASSIGNED BY CITY
PURCHASING DIVISION
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business
with the City to provide the following information. Every question must be answered. If the question is
not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and
defmitions.
COMPANY NAME: RVE, Inc.
P. O. BOX:
STREET ADDRESS: 820 Buffalo Street CITY: Corpus Christi ZIP: 78401
FIRM IS: 1. Corporation ® 2. Partnership 3. Sole Owner ❑
4. Association 5. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Job Title and City Department (if known)
N/A
2. State the names of each "official" of the City of Corpus Christi having an `ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Title
N/A
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Board, Commission or Committee
Patrick D. Veteto Street Maintenance Funding
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who
worked on any matter related to the subject of this contract and has an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Consultant
N/A
AMID. NO. 3
EXHIBIT `B"
Page 1 of 2
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the action
will have on members of the public in general or a substantial segment thereof, you shall disclose that fact
in a signed writing to the City official, employee or body that has been requested to act in the matter,
unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be
made in a signed writing filed with the City Secretary. Ethics Ordinance Section 2-349 (d)]
CERTIFICATION
1 certify that all information provided is true and correct as of the date of this statement, that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be
promptly submitted to the City of Corpus hristi, Texas as changes occur.
Certifying Person: Patrick D. Vetet , P.E. Title: President
(T)pc or Print)
Signature of Certifying Date: 06-06-12
Person:
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi, Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. `Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-
time basis, but not as an independent contractor.
d, "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of
Corpus Christi, Texas.
f. "Ownership Interest.- Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
"Constructively held" refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements."
g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
AMD. NO. 3
EXHIBIT "13"
Page 2 of 2
AGENDA MEMORANDUM
for the City Council Meeting of July 24, 2012
DATE: June 13, 2012
TO: Ronald L. Olson, City Manager
FROM: Daniel Biles, P.E., Director of Engineering Services
Danb(a)cctexas.com
(361) 826 -3729
Valerie Gray, P.E., Director of Streets and Storm Water Services
Vgray(a�cctexas.com
(361) 826 -1875
Motion to Execute Construction Contract:
Williams Drive Phase 1 from Rodd Field to Nile Drive, and
Williams Drive Phase 2 from Nile Drive to Airline Road (Bond 2008)
CAPTION:
A. Motion authorizing the City Manager, or designee, to execute a Construction Contract
with Reytec Construction Resources, Inc of Houston, Texas in the amount of
$17,714,384.10 for Williams Drive Phases 1 & 2 from Rodd Field to Nile Drive and Nile
Drive to Airline Road for the Base Bid and Additive Alternates No. 1 & 2. (Bond 2008).
B. Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to a
Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the
amount of $85,160.00 for a restated fee of $1,115,640.00 for Williams Drive Phase 1
from Rodd Field to Nile Drive for TxDOT assistance, plan revisions, and additional
construction observation services. (Bond 2008).
C. Motion authorizing the City Manager, or designee, to execute Amendment No.1 to a
Contract for Professional Services with Naismith Engineering, Inc. of Corpus Christi,
Texas in the amount of $126,540.00 for a restated fee of $1,232,714.00 for Williams
Drive Phase 2 from Nile Drive to Airline Road for additional construction observation
services. (Bond 2008).
PURPOSE:
This item proposes to award a construction contract for the rehabilitation of Williams Drive from
Rodd Field to Airline Road. This project includes the removal of the existing two -lane roadway
and the construction of a four -lane concrete road. Additional proposals will award two
amendments required to provide additional construction observation services required for the
construction contract.
BACKGROUND AND FINDINGS:
The construction contract includes the rehabilitation of Williams Drive from Rodd Field to
Airline Road. This project includes the removal of the existing two -lane roadway and the
construction of a four -lane concrete road with turning lanes at each intersection, new curb and
gutter, sidewalks, ADA curb ramps, bus pads, lane striping, pavement markings, street lighting,
signalized intersections, and utility work to improve public safety and traffic flow in the area.
This work complies with the Urban Transportation Plan for C3 (four -lane collector) street
sections. This project is being phased to cause the least amount of disruption to vehicular
traffic, businesses, Smith Elementary School and area residents.
On May 9, 2012, the City received proposals from four (4) bidders and the lowest three bidders
and their respective bids are as follows:
Contractor
Base Bid
Alternate No.
1
Alternate
No. 2
Reytec Construction Resources,
Inc.
Houston, Texas
$18,469,554.85
$(855,170.75)
$100,000.00
SER Construction
Pasadena, Texas
$17,999,873.95
$(154,284.48)
$0.00
Bay, Ltd.
Corpus Christi, Texas
$19,774,534.85
$63,525.65
$0.00
Alternate No. 1: Continuously Reinforced Concrete in lieu of HMAC
Alternate No.2: Expedited Schedule from Rodd Field to Airline Road to build the project in 990
Calendar Days (CD) in lieu of 1170 CD.
ALTERNATIVES:
1. Award project as presented
2. Award the project without the Additive Alternate for Concrete in lieu of HMAC (not
recommended)
2. Don't award project (not recommended)
OTHER CONSIDERATIONS:
Not Applicable
CONFORMITY TO CITY POLICY:
Conforms to statues regarding construction procurement criteria; FY 2011 -2012 Street and
Utility Capital Budget.
EMERGENCY / NON- EMERGENCY:
Not Applicable
FINANCIAL IMPACT (2012 — 2013 CIP):
❑ Operating
❑ Revenue X Capital
❑ Not applicable
Fiscal Year: 12 -13
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
$2,120,000.00
$12,630,800.00
$10,001,000.00
$24,751,800.00
RTA Contribution
0.00
137,440.00
0.00
137,440.00
TOTAL BUDGET
$2,120,000.00
$12,768,240.00
$10,001,000.00
$24,889,240.00
Encumbered /
Expended Amount
2,120,000.00
0.00
0.00
2,120,000.00
This item
0.00
12,768,240.00
5,157,844.10
17,926,084.10
Future Expenditures
2,957,674.06
2,957,674.06
BALANCE
$0.00
$0.00
$1,885,481.84
$1,885,481.84
Fund(s): Capital / RTA
Comments: The RTA contributed $137,400 for the construction of bus stops along the project
route.
RECOMMENDATION:
The City's project consultants, RVE, Inc. and Naismith Engineering, conducted a life cycle cost
analysis using the Federal Highway Administration's Real Cost Program to compare asphalt
pavement to concrete pavement. The analysis was performed with and without User Cost
Values. The results showed that over the course of a 30 -year design life, the maintenance
construction cost associated with the concrete section is approximately $1,300,000 less than
the maintenance construction cost associated with the HMAC section. In addition, the User
Cost associated with the maintenance of the concrete section is approximately $200,000 less
than the User Cost associated with maintaining the HMAC section.
Additive Alternate No. 1, Jointed Reinforced Concrete in lieu of HMAC, is recommended due to
the results of the life cycle cost analysis.
Additive Alternate No. 2, to expedite the construction schedule from 1170 CD to 990 CD will
save 180 Calendar Days for the construction contract from Rodd Field to Airline Road. Section
A -6 of the Special Provisions establishes the liquidated damages at $2,000 per day. As such,
the value of Alternate No. 2 is $360,000 or 180 days times $2,000 per day. Reytec's bid for
Alternate No. 2 is $100,000 and therefore award of this alternate is recommended.
The City's consultant for Williams Drive Phase 1 (Rodd Field to Nile) is RVE, Inc and for
Williams Drive Phase 2 (Nile to Airline) is Naismith Engineering. Both consultants reviewed
the bids and conducted a bid analysis of the four proposals submitted to the City. The lowest
bidder based on Base Bid and Additive Alternates No. 1 and 2 is Reytec Construction
Resources, Inc of Houston, Texas. Based on the information submitted for Special Provisions
A -28, A -29, and A -30, Reytec Construction Resources, Inc has the experience and resources
to complete the project.
With the expedited construction schedule, the project is anticipated to last thirty -three (33)
months. The construction sequence is broken into five (5) phases of work and will require
integrated construction oversight between two different consultant inspectors. Work will begin
at the Rodd Field intersection, shift to the southern section (Phase 1 & 2) for drainage and
street construction and then shift to the north side for utility and street construction. Two travel
lanes will be open throughout construction as work progresses from Rodd Field back to Airline
Road. Originally, construction observation was estimated to require 24 hours of inspection per
week. The new schedule will now require additional inspection services and the amendments
presented will increase the hours of inspection to 40 hours per week.
City staff recommends approval of the construction contract for Williams Drive Phases 1 and 2
(Rodd Field to Airline Road) for Base Bid with Alternates No. 1 and 2 to Reytec Construction
Resources, Inc... In addition, staff recommends approval of Amendment No. 3 with RVE, Inc.
and Amendment No. 1 with Naismith Engineering as presented.
FUTURE COUNCIL ACTION:
At the time of contract award, a Construction Materials Testing Agreement had not been
completed. Staff will return to City Council at a future date to have an agreement approved.
LIST OF SUPPORTING DOCUMENTS:
Project Budget
Location Map
File : \ Mproject \councilexh \exh6466- 6467.dwg
NUECES BAY
CORPUS CHRISTI BAY
N
PROJECT #6466 & #6467
LOCATION MAP
NOT TO SCALE
FLOUR BLUFF
PROJECT #6466 WILLIAMS DRIVE, PHASE 1
FROM RODD FIELD ROAD TO NILE DRIVE
&
PROJECT #6467 WILLIAMS DRIVE, PHASE 2
FROM NILE DRIVE TO AIRLINE
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
■
■
■
CITY OF CORPUS CHRISTI
AMENDMENT NO. 1
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, Texas, hereinafter called "CITY," and Naismith Engineering, Inc,
hereinafter called "CONSULTANT," agree to the following amendment to the Contract for Professional
Services for Williams Drive Phase 2 — Airline to Nile Drive (Project No. 6467) as authorized and
administratively amended by:
Or' inal Contract
a 18, 2010 Motion No. M2010-117
$1,106,174.00
EXHIBIT A, SECTION 1. SCOPE OF SERVICES, PART B. ADDITIONAL SERVICES shall be
modified as shown below.
15. Additional Construction Observation Services: The Original Contract, as amended, shall be
revised to include the following:
The Original Contract establishes the Consultant's Construction Observation obligation as 24 hours
per week at a daily rate of $384 per day over an 18 month construction duration. With this Contract
Amendment, the Consultant's Construction Observation obligation will be increased to cover 40 hours
per week (8 hours per day, 5 days per week) over a 450 working day (630 calendar days or 21
month) construction schedule period at $614 per day.
EXHIBIT A, SECTION 3. FEES, PART B. SUMMARY OF FEES shall be modified by the attached
Summary of Fees as shown in the attached Exhibit A for an additional fee not to exceed $126,540.00
(in figures) One Hundred Twen Six Thousand Five Hundred Fo Dollars and Zero Cents (in
words) for a total restated fee not to exceed $276,300.00. (in figures) Two Hundred Seventy Six
Thousand, Three Hundred Dollars and Zero Cents (in words).
All other terms and conditions of the May 18, 2010 contract between the City and Consultant and of
any amendments to that contract which are not specifically addressed herein shall remain in full force
and effect.
CITY OF CORPUS CHRISTI NAISM TH ENGINEERING, NC.
Oscar R. Martinez Date
Assistant City Manager
RECOMMENDED
Daniel Biles, P.E., Date
Interim Director of Engineering Services
ATTEST
Armando Chapa, City Secretary
APPROVED AS TO FORM
Assistant City Attorney Date
At
Grant 7* Jac -.on, 4- ra Date
4501 Gollihar Roa.
Corpus Christi, TX 78411
(361) 814-9900 Office (361) 814-4401 Fax
AMD. NO, 1
Page I of I
WILLIAMS DRIVE PHASE 2
AIRLINE TO NILE DRIVE
(Project No. 6467)
SUMMARY OF FEES
Naismith Engineering, Inc.
Fees
ORIGINAL
CONTRACT
AMD. NO. 1 TOTAL
Basic Services
1. Preliminary Phase
$172,835.50
$0.00 $172,835.50
2. Design Phase
$483,939.40
$0.00 $483,939.40
3. Bid Phase
$6,913.42
$0.00 $6,913.42
4. Construction Phase
$27,653.68
$0.00 $27,653.68
Subtotal Basic Services Fee
$691,342.00
$0.001 $691,342.00
Additional Services (Allowance)
1. Permit Preparation (Authorized)
$5,200.00
$0.00 $5,200.00
2. ROW Acquisition Survey (Authorized)
$8,500.00
$0.00 $8,500.00
3. Topographic Survey (Authorized)
$42,000.00
$0.00 $42,000.00
4. Subsurface Utility Exploration (S.U.E.)
(Authorized)
$54,472.00
$0.00 $54,472.00
5. CCTV Wastewater Lines
$15,000.00
$0.00 $15,000.00
6. Environmental Issues (TBD)
$0.00
$0.00 $0.00
7. Construction Observation Services
(Amendment 1 - Increased from 24 hours per
week to 8 hours per day, or 40 hours per week,
construction schedule increased from 18
months to 21 months)
$149,760.00
$126,540.00 $276,300.00
8. Storm Water HydrologiclHydraulic Study
$125,000.00
$0.00 $125,000.00
9. TCEQ Water Quality Permit (Allowance)
$1,000.00
$0.00 $1,000.00
10. Archaeological Survey (Allowance)
$4,000.00
$0.00 $4,000.00
11. Endangered/Threatened Species Survey
(Allowance)
$2,000.00
$0.00 $2,000.00
12. Mitigation Construction Plans (Allowance)
$3,500.00
$0.00 $3,500.00
13. Three (3) Public Meetings
$3,500.00
$0.00 $3,500.00
14. Warranty Phase
$900.00
$0.00 $900.00
Subtotal Additional Services Fee
$414,832.00
8126,540.001 $541,372.00
Total Fees
$1,106,174.00
$126,540.00 $1,232,714.00
AMD. NO. 1
EXHIBIT "A"
Page 1 of 1
City of
Corpus
Chnsti
SUPPLIER NUMBER
TO BE ASSIGNED BY CITY
PURCHASING DIVISION
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business
with the City to provide the following information. Every question must be answered. If the question is
not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and
definitions.
COMPANY NAME: Naismith Engineering, Inc.
P. O. BOX:
STREET ADDRESS: 4501 Gollihar Road
FIRM IS:
1. Corporation El
4. Association
CITY: Corpus Christi ZIP: 78411
2. Partnership e
5. Other
3. Sole Owner ❑
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Job Title and City Department (if known)
-None-
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Title
-None-
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Board, Commission or Committee
-None-
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who
worked on any matter related to the subject of this contract and has an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Consultant
-None-
AMD. NO. 1
EXHIBIT "B"
Page 1 of 2
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action w i11 confer an
economic benefit on any City official or employee that is distinguishable from the effect that the action
will have on members of the public in general or a substantial segment thereof, you shall disclose that fact
in a signed writing to the City official, employee or body that has been requested to act in the matter,
unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be
made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)1
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be
promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person:
Grant A. Jackson
(rype or Print)
Signature of Certifying
Person:
Title: Vice President
DEFINITIONS
Date: June 13, 2012
a, "Board member." A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi, Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof
c. -Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-
lime basis, but not as an independent contractor.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the font] of sole proprietorship, as self-etnployed person, partnership, corporation, joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e. -Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of
Corpus Christi, Texas.
f "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
-Constructively held" refers to holdings or control established through voting trusts. proxies, or
special terms of venture or partnership agreements."
g. "Consultant." Any person or Jinn, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recomtnendation.
AMD. NO. 1
EXHIBIT -13"
Page 2 of 2
AGENDA MEMORANDUM
for the City Council Meeting of July 24, 2012
DATE: 7/2/2012
TO: Ronald L. Olson, City Manager
THRU: Eddie Ortega, Director of Neighborhood Services
EddieO(ccctexas. com
361- 826 -3234
FROM: Rudy Bentancourt, Interim CD Administrator
RudyB @cctexas.com
361- 826 -3021
Public Hearing regarding "Substantial Amendments" to CAAP: FY2005 and FY2010 for AVANCE
and Motion to amend the project which will include a change of scope and change of location.
CAPTION:
Public hearing to consider a motion regarding an amendment to the 2005 and 2010 Consolidated Annual
Action Plans (CAAP) approved by the U.S. Department of Housing and Urban Development (HUD) to
change the location and scope of work for a FY05 and FY10 Community Development Block Grant project
for AVANCE; and to authorize the City Manager or designee, following the conclusion of the public
comment period required by HUD, to amend the FY05 and FY10 CAAP, by changing the location and
scope of work for a Community Development Block Grant project for AVANCE; and to execute all
necessary documents with HUD and the CAAP grantee as may be required to complete the project.
BACKGROUND AND FINDINGS:
AVANCE, Inc. received CDBG funding in FY2005 in the amount of $100,000 and in FY2010 in the amount of
$175,828. On October 25, 2011, City Council approved a change of scope and location to include the new
construction of a building to be located at 601 12th Street in Corpus Christi.
AVANCE, Inc. is requesting, for the completion of the project, a change in scope and location which will include
the rehabilitation of the current facilities located at 1509 Tarlton Drive, Corpus Christi, Texas 78415. The
project will be for a rehabilitated Education Learning Center which will provide low- income and at -risk parents
and their children, ages birth to 3 years, the life- skills needed to change their lives and strengthen their family
bonds. Another program offered will consist of a prenatal program for low- income and at -risk pregnant women
to promote positive behaviors, create a supportive environment, assist in the overcoming of barriers to child
care and to facilitate the use of the health care system. All program services are free to its participants.
Rehabilitation to the existing facilities will include but are not limited to foundation repairs, new exterior wall
finish on existing wall, wall siding, new flooring, new roof on one of the buildings, ADA compliant, new ceiling
tiles, new porch cover /ramps, electrical improvements as needed, and painting of interior walls.
ALTERNATIVES:
None
OTHER CONSIDERATIONS:
None
CONFORMITY TO CITY POLICY:
City Council approval to amend CAAP is required for the completion of the project.
EMERGENCY / NON - EMERGENCY:
Not applicable
DEPARTMENTAL CLEARANCES:
Legal
Finance — Federal Grants and Office of Management and Budget
FINANCIAL IMPACT: Revenue
Fiscal Year: 2011 -2012
Project to Date
Expenditures
(CIP only)
Current Year
Future Years
TOTALS
Line Item Budget
Encumbered /
Expended Amount
This item
$275,828
N/A
$275,828
BALANCE
$275,282
N/A
$275,828
Fund(s):
Comments: Proposed project amendments have already gone to City Council for approval and appropriation
of funds.
RECOMMENDATION:
Staff recommends the approval of this agenda item
LIST OF SUPPORTING DOCUMENTS:
N/A
Approvals: Deborah Brown, Assistant City Attorney
Constance P. Sanchez, Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Troy Riggs, Assistant City Manager
ORIGINAL
SEVENTH AMENDMENT TO THE
FY2005 -2006 CDBG SUBRECIPIENT AGREEMENT
and
FIRST AMENDMENT TO THE
FY2010 -2011 CDBG SUBRECIPIENT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
AVANCE, INC.
This seventh amendment ( "FY05 -06 Seventh Amendment ") and first amendment ( "FY10 -11
First Amendment) is made by and between the City of Corpus Christi ( "City ") and Avance,
Inc. ( "Subrecipient").
WHEREAS, the City and the Subrecipient executed an agreement ( "FY05 -06 Agreement ")
awarding One Hundred Thousand- Dollars ($100,000) from - the- FY2005- 2006 Community
Development Block Grant ( "05 -06 ")( "CDBG") Program, approved by the City Council on
September 13, 2005 (M2005 -313); related subsequent amendments were executed in 2006
( "FY05 -06 First Amendment), 2007 ( "FY05 -06 Second Amendment" and "FY05 -06 Third
Amendment "), 2008 ( "FY05 -06 Fourth Amendment" and "FY05 -06 Fifth Amendment "), and
2011 ( "FY05 -06 61" Amendment ") (referred to herein collectively as "FY05 -06 Amendments ");
WHEREAS, the Subrecipient's project scope, location, term and compliance dates set out in the
initial FY05 -06 Agreement changed over time;
WHEREAS, the parties mutually sought and ratified the FY05 -06 Agreement and all FY05 -06
Amendments and continued the FY05 -06 Agreement, as modified by the FY05 -06
Amendments, in full force and in effect for all intents and purposes, and therein revised the
project scope to that of new construction of a building to be located at 601 12th Street in Corpus
Christi, Texas, revised the completion of construction date to August 31, 2012 and revised the
term of the FY05 -06 Agreement to October 31,2012.
WHEREAS, the Subrecipient sought additional CDBG funding in order to complete the project;
WHEREAS, the City and the Subrecipient executed an agreement ( "FY10 -11 Agreement ")
awarding additional CDBG funding in FY2010- 2011( "10 -11 ") in the amount of One Hundred
Seventy- Five Thousand Eight Hundred Twenty -Eight Dollars ($175,828), approved by the City
Council on October 25,2011 (Res029262);
WHEREAS, the scope of work to be completed by the Subrecipient under the FY05 -06
Agreement and subsequent FY05 -06 Amendments, and under the FY10 -11 Agreement
included the construction of a new facility located at 601 12th Street, Corpus Christi, Texas;
WHEREAS, the Subrecipient has determined that it will be more cost effective to rehabilitate the
current facilities located at 1509 Tarlton Drive, Corpus Christi, Texas;
WHEREAS, the parties desire to execute this Seventh Amendment to the FY05 -06 Agreement
and this First Amendment to the FY10 -11 Agreement to amend the scope and location of the
project.
Section 1. Section 1, subsection 1.1, of the FY05 -06 Agreement and FY10 -11 Agreement are
deleted and replaced with the following language:
"1.1 Scope of Work. Subrecipient, through its contractors and subcontractors,
shall rehabilitate an existing Facility by August 31, 2012, to be utilized by low and
moderate income individuals and families, on real property owned by the Subre-
cipient at 1509 Tarlton Drive, in the city of Corpus Christi ( "Improvements "). For
the purposes of this Agreement, the term "Facility" or "Facilities" collectively
includes the above - mentioned real property and any improvements located
thereon as of the date of the Subrecipient's execution of this Agreement and
includes, where appropriate and in context, the proposed Improvements to be
constructed with the funding provided under this Agreement. All Improvements
must be constructed in accordance with the plans and specifications ( "Plans ")
prepared by the Subrecipient's registered architect or licensed professional
engineer retained pursuant to subsection 7.3. No construction nor rehabilitation
may commence until the Plans are approved by the Administrator r or-the
Administrator's designee ( "Administrator ") of the City's Community
Development Division ( "CDD ") and by the City's Development Services
Department ( "Development Services ")."
Section 3. By execution of this 05 -06 Seventh Amendment and 10 -11 First Amendment, the
parties agree to amend the scope and location stated in the respective Agreement. All terms
and conditions of the 05 -06 Agreement not changed by the 05 -06 First Amendment, 05 -06
Second Amendment, 05 -06 Third Amendment, 05 -06 Fourth Amendment, 05 -06 Fifth
Amendment, 05 -06 Sixth Amendment and this 05 -06 Seventh Amendment remain the same
and in full force and effect; additionally, all terms and conditions of the 10 -11 Agreement not
changed by this 10 -11 First Amendment, remain the same and in full force and effect.
(EXECUTION PAGE FOLLOWS)
Avance FY05 7th Amend & FY 10 1st Amend 20120705
E EC TED IN DUPLICATE, each of which is considered an original, on this the 5
day of u-� , 2012.
CITY OF CORPUS CHRISTI
Eddie Ortega, Director r'
Neighborhood Services
as designee of
Ronald L. Olson, City Manger
r
APPROVED AS TO FORM: / 012
eborah Walther Bro
Assistant City Attor
for the City Attorney
STATE OF TEXAS
VANCE
By:
Printed Name:I)
Titl
US CHRISTI C APTER
D
COUNTY OF NUECES
`.� _bec
VE b ACM&
ACKNOWLEDGMENT
§ K i L BY THESE PRESENTS:
T its instrument was acknowledged before m _ �- y , �� ��, y
kEil. bPr b S as �, I L!2 iG C D title) of the
Corpus Christi chapter of Avance, Inc., a Texas nonprofit corporation, on behalf of the
corpora'on.
sry�•
PATRICIA B. FLORES
$ary Pudic, State of Texas
My Commission Expires
March 19, 2016
Avance FY05 7th Amend & FY10 1st Amend 20120705
•
OicrLUC),10:61—
Notary Public, State of Texas
AGENDA
CORPUS CHRISTI HOUSING FINANCE CORPORATION
ANNUAL MEETING
Date: Tuesday, July 24, 2012
Time: During the meeting of the City Council beginning at 12:00 p.m.
Location: City Council Chambers, Corpus Christi City Hall
1201 Leopard Street, Corpus Christi, Texas 78401
1 Call meeting to order.
2. Secretary Armando Chapa calls roll.
Board of Directors
John Marez, President
Priscilla Leal, Vice President
Joe Adame
Chris Adler
Kelley Allen
Larry Elizondo, Sr.
David Loeb
Nelda Martinez
Mark Scott
Officers
Ronald L. Olson, General Manager
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Margie Rose, Treasurer
Constance P. Sanchez, Asst. Treasurer
3. Approve minutes from the Board meeting on February 28, 2012.
4. Treasurer's Report.
5. Election of Officers:
President
Vice President
Secretary
Assistant Secretary
Treasurer
Assistant Treasurer
General Manager
6. Consider approval of an interim construction loan to CDG Housing Corpus Christi, Ltd. in
connection with the development of The Villas at Woodbend.
7 Consider a resolution authorizing the General Manager to designate a person to act as
his designee for executing documents of the CCHFC.
8. Public comment.
9. Adjourn.
MINUTE S
CORPUS CHRISTI HOUSING FINANCE CORPORATION
MEETING
February 28, 2012
2:12 p.m.
PRESENT
Board of Directors
John Marez, President
Priscilla Leal, Vice President
Joe Adame
Chris Adler
Kelley Allen
Larry Elizondo, Sr.
David Loeb
Nelda Martinez
Mark Scott
Officers
Ronald L. Olson, General Manager
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Margie Rose, Treasurer
Constance P. Sanchez, Asst. Treasurer
President Marez called the meeting to order in the Council Chambers of City Hall at 2:12
p.m. Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and
that notice of the meeting had been posted.
President Marez called for the approval of the minutes of the May 10, 2011 meeting. Ms.
Martinez made a motion to approve the minutes as presented, seconded by Mr. Elizondo, and passed.
President Marez called for the financial report. Assistant Treasurer Constance Sanchez stated
that the fund balance was $791,511 for six months ended January 31, 2012. There were no questions
regarding the report. Mr. Elizondo made a motion to approve, seconded by Ms. Martinez, and
passed.
President Marez opened discussion on Item 5, the election of officers. Secretary Chapa
named the vacancies of President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant
Treasurer, and General Manager. He then recommended Staff appointees as Secretary, Armando
Chapa, Assistant Secretary, Mary Juarez, Treasurer, Margie Rose, Assistant Treasurer, Constance
Sanchez, and General Manager, Ron Olson. Ms. Martinez made a motion to reappoint John Marez
as President, seconded by Mr. Adame. Ms. Martinez made a motion to appoint Priscilla Leal as Vice
President, seconded by Mr. Elizondo. After the Corporation agreeing on recommended Staff
Officers, Secretary Chapa polled the Corporation for their votes of President, Vice President and
Staff Officers as follows:
MOTION TO APPOINT THE ELECTION OF OFFICERS AS FOLLOWS: JOHN MAREZ,
PRESIDENT, PRISCILLA LEAL, VICE PRESIDENT, ARMANDO CHAPA, SECRETARY,
MARY JUAREZ, ASSISTANT SECRETARY, MARGIE ROSE, TREASURER, CONSTANCE
SANCHEZ, ASSISTANT TREASURER, AND RON OLSON, GENERAL MANAGER.
The foregoing motion was passed and approved with the following vote: Marez, Adame,
Adler, Allen, Elizondo, Leal, Martinez, and Scott voting "Aye "; and Loeb absent.
Minutes — CCHFC
February 28, 2012 — Page 2
President Marez opened discussion on Item 6(a) and (b), (a) Resolution authorizing the
President to file an application for a calendar year 2012 reservation for qualified mortgage bond
authority, and (b) Resolution concerning an election to issue mortgage credit certificates in lieu of
single family mortgage revenue bonds and establishing the Mortgage Credit Certificate Program,
Series 2012. Oscar Martinez, Assistant City Manager, explained the background of this item and
stated the first Resolution is the authorization required by the Texas Bond Review Board as part of
the application process for establishment of a new Mortgage Credit Certificate (MCC) program. He
then stated the second Resolution elects to issue mortgage credit certificates in lieu of single family
mortgage revenue bonds and establishes the Mortgage Credit Certificate Program, Series 2012.
none.
6.
There was no discussion on the item. Mr. Marez called for public comment. There was
Secretary Chapa polled the Corporation for their votes:
a. RESOLUTION AUTHORIZING THE PRESIDENT TO FILE AN APPLICATION FOR
A CALENDAR YEAR 2012 RESERVATION FOR QUALIFIED MORTGAGE BOND
AUTHORITY.
b. RESOLUTION CONCERNING AN ELECTION TO ISSUE MORTGAGE CREDIT
CERTIFICATES IN LIEU OF SINGLE FAMILY MORTGAGE REVENUE BONDS
AND ESTABLISHING THE MORTGAGE CREDIT CERTIFICATE PROGRAM,
SERIES 2012.
The foregoing resolution was passed and approved with the following vote: Marez, Adame,
Adler, Allen, Leal, Loeb, Martinez, Scott voting "Aye "; and Elizondo absent.
President Marez opened discussion on Item 7, resolution authorizing the acquisition of the
parking lot and the long -term leasehold interest in the Ward Building from the City of Corpus Christi
in consideration of the release of the existing $575,000 promissory note payable to the CCHFC, the
payment of approximately $200,000 from the general account of the CCHFC, and execution of a
$135,000 promissory note payable to the City within 18 months. Oscar Martinez, Assistant City
Manager, explained the background of this item and stated that the note will be repayable from
development fees to be received by the CCHFC in connection with the Costa Tarragona II Project.
He also stated a new Request for Proposals for the redevelopment of the Ward Building and parking
lot will be issued this year in order to seek out potentially new developers or new uses for the
property.
There was no discussion on the item. Mr. Marez called for public comment. There was
none.
Minutes — CCHFC
February 28, 2012 — Page 3
Secretary Chapa polled the Corporation for their votes:
7. RESOLUTION AUTHORIZING THE ACQUISITION OF THE PARKING LOT AND THE
LONG -TERM LEASEHOLD INTEREST IN THE WARD BUILDING FROM THE CITY
OF CORPUS CHRISTI IN CONSIDERATION OF THE RELEASE OF THE EXISTING
$575,000 PROMISSORY NOTE PAYABLE TO THE CCHFC, THE PAYMENT OF
APPROXIMATELY $200,000 FROM THE GENERAL ACCOUNT OF THE CCHFC,
AND EXECUTION OF A $135,000 PROMISSORY NOTE PAYABLE TO THE CITY
WITHIN 18 MONTHS.
The foregoing resolution was passed and approved with the following vote: Marez, Adame,
Adler, Allen, Leal, Loeb, Martinez, Scott voting "Aye "; and Elizondo absent.
Mr. Marez called for public comment. There was none.
There being no further business to come before the corporation, President Marez adjourned
the meeting at 2:20 p.m. on February 28, 2012.
Corpus Christi Housing Finance Corporation
Balance Sheet
May 31, 2012
Assets
Assets:
Current assets
Cash in bank
Receivables
Accounts
Accrued Interest
Total current assets
Governmental
Funds
$
Adjustments
Schedule
of Net Assets
45 45
845,275
28,530
873,850
845,275
28,530
873,850
Noncurrent assets
Capital assets
Land 158,841 158,841
Building & Improvements 537,295 537,295
Total noncurrent assets 696,136 696,136
Total assets 873,850
Liabilities and Fund Balance
Liabilities:
Advance from other funds
Deferred revenues
Total liabilities
135,000
873,805
$ 1,008,805
696,136 1,569,986
Fund balance:
Assigned
Housing (134,955) 134,955
Total fund balance (134,955) 134,955
Total liabilities and fund balance
Net Assets
Invested in capital assets
Restricted for housing
$ 873,850
135,000
873,805
1,008,805
696,136 696,136
(134,955) (134,955)
Total net assets $ 561,181 $ 561,181
Corpus Christi Housing Finance Corporation
Summary of Transactions
For eight Months Ended May 31, 2012 Governmental
Funds
Revenues:
Adjustments
Schedule
of Net Assets
Charges for services 2,250 2,250
Interest on interfund loans 1,010 1,010
Interest on loans 73,200 73,200
Earnings on investments 13 13
Miscellaneous revenue 780 780
Total revenue 77,253 77,253
Expenditures:
Community development 160,637
Capital projects 196,507 (196,507)
Total expenditures /expenses 357,144 (196,507)
Excess (deficiency) of revenues over (under) expenditures (279,891) (196,507)
Other financing sources (uses)
Transfers out
Total other financing sources (uses)
Net change in fund balance
Fund balances (deficits) at beginning of year
Fund balances (deficits) at beginning of year
(578, 360)
(578, 360)
(858,251)
$ 723,296
(134,955)
(499, 629)
(499, 629)
(696,136)
160,637
160,637
(83,384)
(78,731)
(78,731)
(162,115)
723,296
(696,136) 561,181
AGENDA MEMORANDUM
for the City Council Meeting of July 24, 2012
DATE: 7/5/2012
TO: Ronald L. Olson, City Manager
FROM: Eddie Ortega, Director of Neighborhood Services
EddieO(a�cctexas. com
361- 826 -3234
Board of Directors Meeting of the Corpus Christi Housing Finance Corporation
CAPTION:
Board of Directors Meeting of the Corpus Christi Housing Finance Corporation.
BACKGROUND AND FINDINGS:
Election of Officers
The Bylaws of the Corpus Christi Housing Finance Corporation (CCHFC) provide for the
following officers: President, Vice President, Secretary, Assistant Secretary, Treasurer,
Assistant Treasurer and General Manager. Typically, the President and Vice President have
been elected from the Board of Directors. The Bylaws provide that officers do not have to be
Board members, and the remaining positions have been held by the persons on City staff
holding the functional equivalent positions as follows:
Secretary
Assistant Secretary
Treasurer
Assistant Treasurer
General Manager
Armando Chapa
Mary Juarez
Margie Rose
Constance Sanchez
Ronald L. Olson
Consider Approval of an Interim Construction Loan to CDG Housinq Corpus Christi, Ltd.
in Connection with the Development of The Villas at Woodbend
The Villas at Woodbend project in Corpus Christi is pending at the Texas Department of
Housing and Community Affairs (TDHCA) for the issuance of low income housing tax credits.
The developer, CDG Housing Corpus Christi, Ltd., submitted an application for 9% Housing Tax
Credits to TDHCA on March 1, 2012. If the Corpus Christi Housing Finance Corporation
approves the loan, these funds will be combined with conventional debt and 9% housing tax
credits to construct the proposed project.
The Villas at Woodbend will be a 156 -unit affordable multi - family development located at 2001
Woodbend Drive, in Corpus Christi, Texas, near the intersection of Airline and Holly. The
project will be built on approximately 9.68 acres and will consist of a clubhouse facility and
seven three -story residential buildings consisting of fiber cement siding with pitched composition
shingle roofs. Each living unit will have energy efficient appliances, including a washing
machine, oven, microwave, disposal, and refrigerator, energy efficient lighting and windows,
eight -foot ceilings, large pantries, low -flow water faucets, toilets, and showerheads, washer
dryer connections, walk -in closets, and covered entries.
Under State program rules, this project must have a certain amount of local funding and
support. The Villas at Woodbend project needs a local funding commitment of $315,900.00.
The support for the Villas at Woodbend project would be in the form of an interim construction
loan for 3 years. The loan will bear interest at 1% below the market rate, will include an
origination fee of 2% of the loan amount, and will be secured by a subordinate lien against the
property, certificate of deposit, or letter of credit acceptable to the CCHFC. When construction
is complete, the total amounts provided would be repaid with interest.
The project will target low -to- moderate income tenants at or below 60% of the area median
income. The cost of the project is approximately $16 million dollars and the project is expected
to generate numerous jobs and economic activity for the City of Corpus Christi and Nueces
County.
The City Council previously adopted a resolution in February supporting the project.
Resolution Authorizing the General Manager to Designate a Person to Act as his
Designee for Executing Documents of the CCHFC
The General Manager of the CCHFC oversees and is responsible for the overall management
and administration of the CCHFC and is required to execute documents on behalf of the
CCHFC. It would be beneficial to the General Manager and the CCHFC for the General
Manager to delegate a person to act as his designee for purposes of executing document for
the CCHFC. In similar situations, the City Manager has designated a particular individual or
Assistant City Manager to execute documents involving a particular department that the
individual oversees.
The attached board resolution authorizes the General Manager of the CCHFC to execute a
written designation designating a person to act as his designee for executing documents for the
CCHFC.
ALTERNATIVES:
N/A
OTHER CONSIDERATIONS:
N/A
CONFORMITY TO CITY POLICY:
The action conforms to all applicable City policies.
EMERGENCY / NON - EMERGENCY:
The action is non - emergency but only requires one meeting of the City Council.
DEPARTMENTAL CLEARANCES:
N/A
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):
Comments: N/A
RECOMMENDATION:
Conduct the annual meeting of the Corpus Christi Housing Finance Corporation to elect officers.
Authorize the commitment of $315,900.00 in funds necessary to provide the required interim
construction loan for The Villas at Woodbend project.
Authorize the General Manager to designate a person to act as his designee for executing
documents of the CCHFC
LIST OF SUPPORTING DOCUMENTS:
Agenda for Annual Meeting
Minutes for February, 2012, Board Meeting
Treasurer's Report
Board Resolution
Approvals: Deborah Brown, Assistant City Attorney
Constance P. Sanchez, Director of Financial Services
Eddie Houlihan, Assistant Director of Management and Budget
Troy Riggs, Assistant City Manager
Resolution authorizing the General Manager to designate
a person to act as his designee for executing documents
of the Corpus Christi Housing Finance Corporation.
WHEREAS, the General Manager of the Corpus Christi Housing Finance
Corporation ( "CCHFC ") oversees and is responsible for the overall management
and administration of the CCHFC and is required to execute documents on
behalf of the CCHFC; and
WHEREAS, the CCHFC seeks to authorize the General Manager to designate a
person to act as his designee for executing documents of the CCHFC;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT:
The CCHFC hereby authorizes the General Manager to execute a written
designation which designates a person to act as his designee for purposes of
executing documents of the Corpus Christi Housing Finance Corporation.
PASSED and APPROVED this day of July, 2012.
CORPUS CHRISTI HOUSING FINANCE CORPORATION
By:
John Marez, President
ATTEST:
By:
Armando Chapa, Secretary
AGENDA MEMORANDUM
for the City Council Meeting of July 17, 2012
DATE: June 26, 2012
TO: Ronald L. Olson, City Manager
FROM: Pete Anaya, Director of Planning and Evironmental Services
PeteAn@cctexas.com
361.826 -3781
Presentation of Bond Issue 2012Project Recommendation
STAFF PRESENTER(S):
Name
1. Oscar Martinez
2. Dan Biles
3. Pete Anaya
BACKGROUND :
Title /Position Department
ACM,Public Works and Utilities
Director of Engineering Services Engineering
Director of Plannning &
Environmental Services Planning
This presentation will focus on Bond 2012 Project Presentation
LIST OF SUPPORTING DOCUMENTS:
Memorandum
Bond 2012 PowerPoint
City of Corpus Christi Bond 2012
Program
Election Date November 6, 2012
City Council Presentation
July 17, 2012
• July 17,2012
• July 24, 2012
• July 31, 2012
Remaining Schedule
Presentation to City Council
City Council Public Hearing on Bond Program
City Council to Approve Bond Program Ballot
Language
• August 14, 2012 City Council to Approve Ordinance Calling the
Election
• November 6, 2012 Election Date Bond 2012
Preliminary Considerations
• $ 55 million - No Net Increase in Tax Rates
• Streets: $ 55 Million (No Tax Rate Increase)
(Other Possible Streets $ 26.3 Million)
• Non - Street Facilities: $ 25.4 Million
o $ 10.4 Million — Other Public Facilities
o $ 15 Million — Parks
• Economic Development Potential Projects:
o Destination Bayfront , SeaTown Pedestrian Improvements, North
Beach area Road Improvements &Area Beautification, JFK Area
Improvements, CC Beach Breakwater, Plaza, North Shoreline
Repair and Enrichment, International Boulevard and County Road
52 Extension (CR 69 to FM 1889)
Recommended Street Projects
1
2
3
4
5
6
7
8
Navigation
Boulevard
South Alameda
Street
Greenwood Drive
Ocean Drive
Tuloso Road
South Staples
Street
South Staples
Street
McArdle Road
Up River Road
Ayers Street
Gollihar Road
Buford Street
IH37
Brawner
Parkway
Morgan Avenue
Nile Drive
Leopard Street
Louisiana
Avenue
Horne Road
Louisiana
Avenue
Leopard Street
Kostoryz Road
IH37
Ennis Joslin
Road
$4,000
$2,300
$2,100
$5,500
$1,800
$3,400
$5,300
$3,100
$3,100
$2,800
$1,700
$2,700
$1,400
$2,700
$4,100
$2,400
$7,100
$5,100
$3,800
$8,200
$3,200
$6,100
$9,400
$5,500
Recommended Street Projects (continued)
9 McArdle Road
10 Kostoryz Road
11 Horne Road
12 Morgan Avenue
13 Twigg Street
14 Leopard Street
15 Clarkwood Road
Whitaker Drive
Brawner Parkway
Ayers Street
South Staples
Street
Shoreline
Boulevard
Crosstown
Expressway
Up River Road
Nile Drive
South Staples
Street
Stream Cos
k
$2,900
$3,300
Port Avenue $900
$2,300
$1,400
Palm Drive $2,600
Leopard Street $2,300
Crosstown
Expressway
Lower
Broadway Drive
$2,300
$2,600
$700
$1,800
$1,100
$2,000
$1,800
$5,200
$5,900
$1,600
$4,100
$2,500
$4,600
$4,100
ecommended Street Projects (continued)
S Seg men
Holly Road
(MPO funded FY 16)
Williams Drive
(MPO funded FY 14)
ADA Master Plan
Improvements
Signal Improvements
Street Lighting
Developer
Participation
TXDOT Participation
Crosstown
Expressway
South Staples
Street
city-wide
city-wide
city-wide
city-wide
TBD
Greenwood
Drive
Airline Road
(5% of total)
(2.5% of total)
(1.0% of total)
(2.5% of total)
(2.5% of total)
Street Total:
$2,500
$1,700
$2,800
$1,400
$600
$1,400
$1,400
$55,000
To al Cos
$4,500 $7,000
$1,000 $2,700
$0 $2,800
$0 $1,400
$0 $600
$0 $1,400
$0 $1,400
$38,700 $93,700
Possible Street Projects
StreetSegmen
16
Laguna Shores
Road
17 Ayers Street
18 Airport Road
23 Airline Road
24 Airline Road
25 Waldron Road
29 Everhart Road
Mediterranean Drainage
Easement at
Drive Wyndale Drive
South Alameda
Horne Road
Wooldridge Road
Holly Road
Caribbean Drive
Ocean Drive
Morgan
Avenue
Holly Road
McArdle Road
Yorktown
Boulevard
South Padre South Alameda
Island Drive Street
BOND 2012
$2,500 $2,000 $4,500
$3,800 $2,900 $6,700
$1,100 $900 $2,000
$2,200 $1,700 $3,900
$4,500 $3,500 $8,000
$3,200 $2,500 $5,700
$5,800 $4,500 $10,300
Possible Street Projects (continued)
S remSeg en
Carmel Parkway South Staples
North Street
Carmel Parkway South Alameda South Staples
South Street Street
Ayers Sidewalks South Port South Padre
Avenue Island Drive
OND 20 2
t Cs
Center Drive $1,200
$800 $700 $1,500
$1,200 $1,800 $3,000
Street Total: $26,300 $21,400 $47,700
$900
$2,100
1
Upgrades
Possible Public Facilities Projects
Project � ion
City Hall/MIS Data Center - Fire Suppression & Alarm
General
Services
2 Signs/Signal Operations — New Shop and Office Facility Engineering
3 Animal Control Remodel/Improvements
4 Fleet Maintenance Heavy Equipment Shop Roof
5
6
Streets & Solid Waste Storage Building Structure with Slab
(New Facility)
Streets & Solid Waste administration Building - Roof
Replacement
7 City Hall Roof Repair & Waterproofing Repairs (Exterior)
Police
General
Services
$550
$2,550
$1,150
$350
Solid Waste $450
Solid Waste $300
General
Services
$1,200
Possible Facilities Projects (continued)
Project
Descrip ion
8 Museum Roof Replacement
9 Central Library Roof Replacement
10 Northwest & Garcia Library Roof Replacement
11
Health Department East Rear Restroom Repair/WIC
Building Roof
Museum
Library
Library
Health
12 Health Department Building Parking Lot Health
13 Vehicle Impound Yard & Garage - Phase 2 Police
14 Museum
Facilities ADA Improvements: South Texas art Museum,
Barge Dock Parking Lot
$1,600
$255
$80
$215
$600
$700
$400
Public Facilities Total: $10,400
Prio
Possible Parks & Recreation Improvements
Pry c s �on
1 Community Park Development and Improvements
(New Facility)
2 Hike & Bike Trail Development
3 Aquatic Facility Upgrades and Improvements
4 Tennis Center Repairs and Upgrades (HEB/AI Kruse)
5 Ocean Drive Parks Improvements
Depa
Parks &
Recreation
Parks &
Recreation
Parks &
Recreation
Parks &
Recreation
Parks &
Recreation
$5,000
$1,500
$3,500
$2,000
$3,000
Parks and Recreation Section Total : $15,000
Economic Development Potential Projects
Po en ta Cont bu
Expected
C011 bUt 011
Destination Bayfront
Sea Town Pedestrian
Improvements
North Beach Area
Road Improvements &
Area Beautification
JFK Area
Improvements
Corpus Christi Beach
Breakwater, Plaza,
North Shoreline
International Blvd.
County Rd 52
Extension (CR 69 to
FM 1889)
Private Donors (TBD)
TBD
None
None
Lexington & Aquarium
(10% each match of
non-utility)
CCIA ($250k
contribution)
Nueces Co. (50% of
Street & Storm water)
$60,000
$500
$600
$650
$1,000
$1,050
$2,500
$o $0 $60,000
$0 $100 $600
$0 $500 $1,100
$0 $630 $1,280
$250 $750 $2,000
$250 $700 $2,000
$2,500 $1,300 $6,300
Total: $66,300 $23,000 $3,980 $33,280
QUESTIONS
City Council Presentation
July 17, 2012
AGENDA MEMORANDUM
for the City Council Meeting of July 17, 2012
DATE: July 11, 2012
TO:
Ronald L. Olson, City Manager
FROM: Oscar Martinez
OscarM @cctexas.com
361- 826 -3897
UPDATE TO CITY COUNCIL
Street Improvement Funding Recommendation Presentation
STAFF PRESENTER(S):
Name
1. Oscar Martinez
2. Dan Biles
3. Valerie Gray
OUTSIDE PRESENTER(S):
Name
1.
2.
3.
Title /Position Department
Assistant City Manager - Public Works
Director Engineering
Director Streets
Title /Position Organization
BACKGROUND :
Update regarding recommendation for Street Maintenance Financing Plan.
LIST OF SUPPORTING DOCUMENTS:
PowerPoint
Street Improvement Funding
Recommendation
CITY COUNCIL PRESENTATION
July 10, 2012
Presentation Sections
>Street Funding Requirement Overview
>Street Reconstruction/Rehabilitation Work Plan
>Cost of Reconstruction/Rehabilitation Work Plan
>Revised Assessment Program
>Street Maintenance Program Funding Requirement
>Street User Fee
>Street Maintenance Work Plan
>Summary of Total Cost of Work Plans
>Street Design Standards
>Street Cuts and Cost Recovery
>Potential Legislative Agenda Items
>Final Considerations
Street Funding Requirements
Overview - Street Maintenance Funding
> Effort has been ongoing since February 2007
> Analysis of street funding requirement has been
conducted by:
• 2007 Ad Hoc Committee
• Outside Engineering Review
• 2011 Ad Hoc Advisory Committee
• City Staff
Overview - Street Maintenance Funding
➢ Projected cost to bring all city streets to good
condition is $967 million.
➢ Estimate derived by reviewing city's
pavement condition index and applying most
recent cost for street
reconstruction/rehabilitation and
maintenance.
Overview - Street Maintenance Funding
➢ Most recent recommendation proposed by 2011 Street Ad Hoc
Advisory Committee:
➢ Annual Funding: $55,700,000
• Reconstruction/Rehabilitation
✓ Frequency 60 years
✓Annual Funding $29,600,000
✓ 1.67% of Streets/Year
• Maintenance
✓ Overlay
o Frequency 30 Years
o Annual Funding $14,200,000
o 3.3% of Streets/Year
s/ Seal Coat
o Frequency 10 Years
o Annual Funding $11,900,000
o 10.0% of Streets/Year
Street Funding - Staff Recommendation
> Reconstruction/Rehabilitation: $20,000,000
• Debt (Arterial & Collectors) - $ 15M* (75%)
• Assessments (Local) - $ 5M** (25%)
✓ Property Owner $ 4.5M (90%)
✓ City $ 0.5M (10%)
>Maintenance: $15,000,000
• Street Fee -
✓ Seal Coat
✓ Overlay
>Total Recommendation:
* Utilities paid for by rate payer.
**Utilities paid for through assessment.
$35,000,000
Street Funding - Alternative 1
> Reconstruction/Rehabilitation: $30,000,000
• Debt (Arterial & Collectors) - $ 22.5M* (75%)
• Assessments (Local) - $ 7.5M** (25%)
✓ Property Owner $ 6.75M (90%)
✓ City $ 0.75M (10%)
>Maintenance: $15,000,000
• Street Fee -
✓ Seal Coat
✓ Overlay
>Total Recommendation:
* Utilities paid for by rate payer.
**Utilities paid for through assessment.
$45,000,000
Street Funding - Alternative 2
> Reconstruction/Rehabilitation: $40,000,000
• Debt (Arterial & Collectors) - $ 30M* (75%)
• Assessments (Local) - $ 10M** (25%)
✓ Property Owner $ 9M (90%)
✓ City $ 1M (10%)
>Maintenance: $15,000,000
• Street Fee -
✓ Seal Coat
✓ Overlay
>Total Recommendation:
* Utilities paid for by rate payer.
**Utilities paid for through assessment.
$55,000,000
Street Reconstruction/Rehabilitation Work Plan
Street Matrix Criteria
, •
- - - - -
1.:tt.:VKTfi:'il'Nft:-. 1 '4 W. t.tit";:at:t.:•;-3:4}.
.gtV
Health & Safety,
vehicular or
pedestrian
15.0%
No injures or
adverse public or
environmental
health effects
Minor injury with no lost
time; no public or
environmental health
effects
Minor injury with lost time; no
public or environmental health
effects
Roadway within 100 linear feet Roadway with immediate
to schools while considering frontage to schools
ADA/safe walking routes/ considering ADA/safe
moderate, injury with lost time walking routes/ major injury
and/or local public safety with lost time and/or wide
issues spread public safety issues
Community and Public
10.0%
image
No complaint No
third party damage.
No media coverage
Small number of Wide spread complaints.
Many complaints. Minor third
complaints. No third Major third party damage.
parry damage_ Adverse media
party damage. Neutral or Wide spread adverse media
coverage
no media coverage coverage
Extensive complaints. Major
third party damage. Wide
spread adverse media
coverage. Political opposition
Physical Condition
(PCI)
Good (PCI 100-71)
Fair (Pa 70-55)
Poor (Pa 55-46)
Moderately Poor (PCI 45-361 Very Poor (PCI 35 - 0)
Roadway
Classification, ADT and 25%
growth
C1 Col lector and
Other
Parkways and Beach
Access, Rural Arterials
C2 Collector Al Arterial and C3 Collector A3 and A2 Arterial
Street Reconstruction/Rehabilitation Work Plan
Street Candidate Projects - YEAR 1
Navigation
Boulevard Up River Road Leopard Street $4,000 $3,100 $7,100
Alameda Street Ayers Street Louisiana Avenue $2,300 $2,800 $5,100
Greenwood Drive Gollihar Road Horne Road $2,100 $1,700 $3,800
Ocean Drive Buford Street Louisiana Avenue $5,500 $2,700 $8,200
Tuloso Road IH 37 Leopard Street $1,800 $1,400 $3,200
$15,700 $11,700 $27,400
Also Potential BOND 2012 Projects
Street Reconstruction/Rehabilitation Work Plan
Street Candidate Projects - YEAR 2
Staples Street Brawner Parkway Kostoryz Road
Staples Street Morgan Avenue IH37
McArdle Road Nile Drive Ennis Joslin Road
McArdle Road Whitaker Drive Nile Drive
Also Potential BOND 2012 Projects
$3,400
$5,300
$3,100
$2,900
$14,700
$2,700
$4,100
$2,400
$2,300
$11,500
$6,100
$9,400
$5,500
$5,200
$26,200
Street Reconstruction/Rehabilitation Work Plan
Street Candidate Projects - YEAR 3
Kostoryz Road Brawner Parkway Staples Street
Laguna Shores Mediterranean DE at Wyndale
Horne Road Ayers Street Port Ave
Morgan Avenue Staples Street Crosstown Fwy
Twigg Street Shoreline Boulevard N Chaparral Street
Leopard Street Crosstown Freeway Palm Drive
Clarkwood Up River Road Leopard Street
Also Potential BOND 2012 Projects
$3,300
$2,500
$900
$2,300
$1,400
$2,600
$2,300
515.300
$2,600
$2,000
$700
$1,800
$1,100
$2,000
$1,800
512.000
$5,900
$4,500
$1,500
$4,100
$2,500
$4,600
$4,100
527.300
Street Reconstruction/Rehabilitation Work Plan
Street Candidate Projects - YEAR 4
Alameda Street Kinney
Hopkins Road Lexington
Ayers Street Alameda Street
Airport Horne Road
Waldron Road Caribbean Drive
Aaron Drive
Airline Drive Wooldridge Road
Saratoga Boulevard
Lipan
Highway 44
Ocean Drive
Morgan
Yorktown Boulevard
Crenshaw Drive
Holly Road
$900
$1,800
$3,800
$1, 100
$3,200
$1,800
$2,200
$14,800
$700
$1,400
$2,900
$900
$2,500
$1,400
$1,700
$11,500
$1,600
$3,200
$6,700
$2,000
$5,700
$3,200
$3,900
$26,300
Cost of Reconstruction/Rehabilitation
Work Plan
Ad Valorem/Utility Rate Cost Impact for
Reconstruction/Rehabilitation Program -
Staff Recommendation
IMPACT TO "AVERAGE" RESIDENTIAL RATEPAYER
Staff Recommendation
Avg. Avg.
Annual Monthly
Increases Increases
Street Reconstruction funded with GO Bonds
($15,500,000 for 10 years/29 year payback) $13.00 $1.08
Utility work funded with revenue bonds
($11.625M for 10 years/29 year payback) $7.32 $0.61
Total $ 20.32 $1.69
Ad Valorem/Utility Rate Cost Impact for Reconstruction/Rehabilitation
Program -
Alternatives 1 & 2
Alternative 1
Avg. Avg.
Annual Monthly
Increases Increases
Street Reconstruction funded with GO Bonds
($23,250,000 for 10 years/29 year payback) $38.39 $3.20
Utility work funded with revenue bonds
($17.4m for 10 years/29 year payback) $9.96 $0.83
Total $ 48.35 $4.03
Alternative 2
Avg. Avg.
Annual Monthly
Increases Increases
Street Reconstruction funded with GO Bonds
($31,000,000 for 10 years/29 year payback) $56.00 $4.67
Utility work funded with revenue bonds
($23.25m for 10 years/29 year payback) $11.64 $0.97
Total $ 67.64 $5.64
Revised Assessment Program for
Local/Residential Streets
Recommended Residential Street
Assessment Program
➢Local Residential Streets -
• Approximately 55% of the City's 1,200 mile street
system
➢Residential Street System Condition —
• Varies from good to poor.
Recommended Residential Street
Assessment Program
Section 313.42 of the Texas Transportation Code states:
a. A governing body of a municipality by ordinance may assess
the cost of an improvement under this chapter against
property that abuts the highway or part of the highway the
municipality orders to be improved and against the property
owner.
b. Except as provided by Subsection (c), the governing body may
not assess more than nine -tenths of the estimated cost of an
improvement against the properties or their owners.
c. The entire cost of constructing, repairing, or realigning a curb,
gutter, or sidewalk may be assessed against the property and
its owner.
Recommended Residential Street
Assessment Program
Section 313.42 of the Texas Transportation Code further states:
d. The ordinance may:
(1) prescribe the terms of payment and default of assessment;
and
(2) prescribe the rate of interest to be paid on the assessment,
not to exceed the greater of:
(A) eight percent per year; or
(B) the rate payable by the municipality on its most recently
issued general obligation bonds. Determined as of the date of
the notice provided by Section 313.047
e. An assessment against abutting property is:
(1) a lien on the property; and
(2) a personal liability and charge against the owner of the
property, regardless of whether the owner is named.
Recommended Residential Street
Assessment Program
➢1927 paving law is the last street assessment
statute enacted by the State.
➢Does not require voter approval.
➢Adoption of this statutory authority may be
achieved by the city council acting by any
resolution, motion, order or ordinance.
Recommended Residential Street
Assessment Program
➢Proposed Assessment Program Ordinance for local streets
will include:
• Streets shall include a paved surface, plus 2 feet of curb
and gutter section on each side, a minimum of 4 foot
wide sidewalk on each side, plus driveways as needed.
• The assessment rate shall based on the front foot basis as
follows:
✓90 % of cost of improvements relating to pavement for
1/2 of the street abutting property
✓Credit shall be given for existing curbs, gutters,
sidewalks and driveways that are not replaced if they
meet City standards
Recommended Residential Street
Assessment Program
>Proposed Assessment Program Ordinance for local streets
will include (continued):
• The rate of interest for assessment accounts shall be the
lesser of 8% per annum, or the rate of interest paid to the
city on its most recent issue of general obligation bonds
(the most recent rate upon issuance of general
obligation bonds was 3.381%)
• Street assessments may be funded from Community
Development Block Grant funds in eligible residential
areas.
Street Reconstruction/Rehabilitation
Work Plan
Street Rehabilitation/Reconstruction Work
Plan
>Street segments ranked using Street Matrix
• PCI Rating
• Roadway Classification (Arterial, Collector & Residential
• Predicted Average Daily Traffic
• Health and Safety
• Complaint History
>10 -Year Plan developed
>Planning Commission review of annual work plan
>Approved annually by Council as part of the Capital
Improvement Budget process
Street Maintenance Funding Requirement
Street Maintenance Funding
➢Proposed funding level for street maintenance
(excluding reconstruction/rehabilitation) -
$15,000,000
➢Estimated amount reduced for increased
contribution for street maintenance by Regional
Transit Authority (RTA).
➢The proposed funding for street maintenance is
in addition to the current level of maintenance
performed by the Street Department
Proposed Street User Fee
Proposed Street Maintenance User Fee
>A street user fee may be levied to pay for street maintenance
effort of $15M annually.
>Legal opinion obtained by City determined that:
• City Charter provides ability to:
✓establish, improve and maintain a comprehensive
system of streets and public ways; and
✓to take all measures to exercise all manner of
governmental and regulatory powers.
• A street use fee, adopted by ordinance with appropriate
findings in support of exercise of the power granted by City
Charter, could be established by the City.
Proposed Street Maintenance User Fee
➢Proposed User Fee may be based on the following:
• Customer classes
• Base fee is standard equivalent residential unit's
(ERU) square footage acquired from tax appraisal
district data base.
• Using mean data point of all residential
structures on property with active city water
meter accounts, an ERU equals 1,400 square feet.
• Trip Factor applied to customer classes
Proposed Street Maintenance User Fee
➢ Using basic ERU of 1,400 square feet and
appropriate trip factor by customer class, each
residence would pay approximately $5 to $10 per
month in street use fee.
➢Amount paid by non-residential customers would
be based on the number of ERUs that comprise
building total square footage and appropriate trip
factor.
Proposed Street Maintenance User Fee
➢Rate charged to the residential and non-
residential customers will vary based on
which adjusting factors are adopted.
➢Taxing entities are exempted.
➢Development of final fee recommendation
will require continued work by staff and
policy consideration by Council prior to
implementation.
Street Maintenance Work Plan
Street Maintenance Work Plan
➢Calculate Square Yards of Seal & Overlay
allowed by $15M Budget
➢ Identify Street Candidates - PCI Rating
• Overlay - PCI 56 to 70
• Seal Coat - PCI 71 to 100
➢ Develop street maintenance clusters maximizin
use of dollars
➢ Distribute areas of maintenance work
across all geographic areas of the City
Street Maintenance Work Plan
➢ Evaluate Street Candidates —Considerations:
✓ Street Age
✓ Condition of Curb & Gutter
✓ Last Maintenance Performed
✓ ADA
✓ Condition of utilities
➢ Create Maps of street clusters
➢ Coordinate with Reconstruction Schedule
Street Maintenance Work Plan
STREET MAINTENANCE - 5 YEAR PLAN - $15M
OVERLAY AND SEAL COAT SQUARE YARD QUANTITIES
Year 1
Year 2
Year 3
Year 4
Year 5
Grand Total
Overlay
394,830
392,474
358,522
387,921
389,310
1,953,057
Yearly
Targe
Notes:
1. These quantities reflect areas throughout the city.
2. Street areas need to be evaluated for ADA, C&G, utility conditions, and structural integrity prior to any work.
3. Each year these streets need to be reviewed for effective work and schedule progression.
4. Every year street conditions will change.
5. Seal Coat quantities are in addition to $2.5M (Approx. 500K SY) of Seal Coat budgeted annually in Street Operations
6. Program triples amount of seal coat done and implements currently non-existent overlay work annually.
Summary of Total Cost of Street
Reconstruction/Rehabilitation/Maintenance
Work Plans
Ad Valorem/Utility Rate/User Fee Cost Impact for Total Street
Program - Staff Recommendation
IMPACT TO "AVERAGE" RESIDENTIAL RATEPAYER
Staff Recommendation
Street Reconstruction funded with GO Bonds
($15,500,000 for 10 years/29 year payback)
Utility work funded with revenue bonds
($11.625M for 10 years/29 year payback)
Avg.
Avg. Monthly
Annual Increases Increases
$13.00 $1.08
$7.32 $0.61
Street User Fee (Midpoint between $5 & $10) $90.00/120.00 $7.50/$10.0
Total: $ 110.32/140.32 $9.19/11.69
Ad Valorem/Utility Rate/User Fee Cost Impact for Total Street
Program - Alternatives 1 & 2
Alternative 1
Street Reconstruction funded with GO Bonds
($23,250,000 for 10 years/29 year payback)
Utility work funded with revenue bonds
($17.4M for 10 years/29 year payback)
Street User Fee (Midpoint between $5 & $10)
Tota I:
Alternative 2
Street Reconstruction funded with GO Bonds
($31,000,000 for 10 years/29 year payback)
Utility work funded with revenue bonds
($23.25M for 10 years/29 year payback)
Street User Fee (Midpoint between $5 & $10)
Tota I:
Avg. Avg.
Annual Monthly
Increases Increases
$38.39 $3.20
$9.96
$90.00/120.00
$ 138.35/168.35
0.83
$7.50/10.00
$11.53/14.03
Avg. Avg.
Annual Monthly
Increases Increases
$56.00 $4.67
$11.64
$90.00/120.00
$ 157.64/187.64
$0.97
$7.50/10.00
$13.14/15.64
Street Design Standards
Street Design Standards
>Modified from San Antonio's Pavement Standards for local
use.
>Allows Concrete or Asphalt pavement sections
>Design Criteria:
• 30 year design for Arterials/Collector
• 20 year design for Residential
>Follows American Association of State Highway and
Transportation Officials (AASHTO's) nationally recognized
design methodology for Site Specific Design
>Provides minimum residential pavement section
requirement should project sponsor elect in lieu of AASHTO
site specific design
Street Cuts and Cost Recovery
Street Cut Policy - Recommendations
> Develop Utility Excavation Criteria
> Prohibit Cuts to "Good" Condition & New
Streets
> Establish Warranty Period for Street Cut Repairs
> Establish standards minimizing occurrence of
any street cut
> Recommend alternative methods in lieu of
excavation/cutting new streets
Street Cut Policy - Recommendations
➢ Require Payment of Street Cut Recovery Costs
on all street cuts
➢ Upgrade Backfill & Pavement Repair
Specifications
➢ Provide Quality Inspections & Apply/Establish
Inspection Permit Fee
➢ Increase Permit Costs for cutting City Streets
Legislative Agenda
Potential Legislative Agenda Items - Additional
Funding
> Add an additional Gasoline Tax
> Add to Vehicle Registration Fee
> Increase Sales Tax Limit
> Create a Special Taxing District
> Increase Property Tax Limit
>Consider any other appropriate
authorizing legislation
Final Considerations - Timeline
Time Line for Implementation
Finalize Reconstruction/Rehabilitation Work Plan Complete
Council Authorize Ballot Language for Street CIP Aug 2012
Finalize Legislative Agenda Oct 2012
Hold Election (Bond 2012/Street Maint. Program) Nov 2012
Modify Street Design Standards TBD
Modify Street Cut Policy TBD
Modify Assessment Ordinance TBD
Finalize Street Maintenance Work Plan TBD
Approve Street User Fee TBD
Finalize Amendment to RTA Inter -local Agreement TBD
Implement Street User Fee TBD
Implement State Legislative Program TBD
Street Improvement Funding
Recommendation for Implementation
QUESTIONS?