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HomeMy WebLinkAboutAgenda Packet City Council - 05/29/2001CITY COUNCIL AGENDA cCity of orpus · Chnsn May 29, 2001 Public Comment on matters not scheduled on the agenda will be heard at approximately 5:30 p.m. or at the end of the Council Meeting, whichever is earlier. 1:45 p.m. Goodwill Ambassadorship Certificate to Sister Cit~ Committee Member Danielle PearrelI-Liason to Agen, France AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CiTY HALL - COUNCIL CHAMBERS 1201 LEOPARD MAY 29, 2001 2:00 P.M. PUBLIC NOTICE- THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 5:30 p,m, or at 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, p/ease present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to a~tend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Reverend Les Chaney, Lexington Baptist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Henry Garrett Council Members: Brent Chesney Javier D. Colmenero Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa E. MINUTES: 1. Approval of Joint Meeting and Regular Meeting of May 22, 2001. (Attachment # 1 ) Agenda Regular Council Meeting May 29,2001 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropdate, 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. CONSENT AGENDA Notice to the Public The following items are of a routine oradministrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCE-~ FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration,) Motion approving the purchase of one ambulance from the Houston- Galveston Area Council of Governments (HGAC), for the total amount of $128,996.53. The award is based on the cooperative purchasing agreement with HGAC. The ambulance will be used by the Fire Department. This unit is a replacement. Funds are available through the Capital Outlay Fund. (Attachment # 2) Motion approving the purchase of Internet Protocol (IP) telephone/data equipment from Southwestern Bell for the total amount of $28,919.73 in accordance with the State of Texas Cooperative Purchasing Program. The equipment will be used at the Police Corona Training Academy/Assembly Point. Funds are provided through the Police Department General Fund Budget. (Attachment # 3) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 29,2001 Page 3 CITY COUNCIL PRIORITY ISSUES Motion authorizing the City Manager or his designee to increase the escrow amount with the Texas Department of Transportation in the amount of $122,594.37 as part of the Kostoryz Road Improvements (from Holly Road to Saratoga Boulevard) construction contract in accordance with the Advanced Funding Agreement. (Attachment # 4) Motion authorizing the City Manager or his designee to increase the escrow amount with the Texas Department of Transportation in the amount of $64,822.06 as part of the Airline Road Improvements, Phase 2 (from Wooldridge Road to Saratoga Boulevard) construction contract in accordance with the Advanced Funding Agreement. (Attachment # 4) Motion authorizing the City Manager or his designee to increase the escrow amount with the Texas Department of Transportation in the amount of $115,859.68 as part of the McArdle Road, Phase 1 Improvements Project (from Weber Road to Everhart Road) construction contract in accordance with the Advanced Funding Agreement. (Attachment # 4) Motion authorizing the City Manager or his designee to execute Change Order No. 2 Insituform Technologies, Inc. for a total fee not to exceed $46,460, for a total restated fee not to exceed $341,340 for sewer line rehabilitation. (Attachment # 5) Motion authorizing the City Manager or his designee to execute Change Order No. 12 in the amount of $38,618.74 with Fulton Construction/Coastcon, Inc., A Joint Venture for the Corpus Christi International Airport Terminal Construction Project. (Attachment # 6) Resolution authorizing the City Manager or his designee to submit a grant application to the U.S. Department of Housing and Urban Development in the amount of $400,000 for a youthbuild grant to provide youth between the ages of 16 - 24 the opportunity to earn Graduation Equivalence Degree, receive training in construction, and build homes for Iow-income families. (Attachment # 7) Second Reading Ordinance - Authorizing the City Manager or his designee to execute a lease terminating September 30, 2001, with an option to renew annually through September 30, 2015 with the U.S. Department of Transportation, Federal Aviation Administration (FAA) (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 29,2001 Page 4 10. 11. 12. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) granting the lease of a 0.209 acre tract, a 0.029 acre tract, and a 15 foot utility easement, constituting a portion of Overland Meadows Park, for the establishment and maintenance of the Runway 13 Outer Marker, in consideration for the FAA maintaining the leased premises. (First Reading - 4/17/01) (Attachment # 8) Second Reading Ordinance - Authorizing the City Manager or his designee to execute a five year lease agreement with the Corpus Christi Police Officer's Association (CCPOA) to lease the Centennial Museum for the purpose of operating a Youth Athletic/Boxing Program in consideration for CCPOA ensuring that access to and participation in the program remains open to the general public. (First Reading- 4/24/01) (Attachment # 9) PUBLIC HEARINGS: CRIME CONTROL FY01-02 PROPOSED BUDGET: Public Hearing on proposed Corpus Christi Crime Control and Prevention District FY01-02 Proposed Budget. (Attachment # 10) PRESENTATIONS: Public comment will not be solicited on Presentation items. Seawall Reconstruction Project Presentation and Overview (Related Action Item No. 14 a & b and 15 a & b) (Attachment # 11 ) Presentation of suggested revisions to the City Ordinance governing the renaming of public streets (Attachment # 12) SPECIAL BUDGET PRESENTATION: Public comment will not be solicited on Budget issues until the Public Headng and First and Second Readings of Budget Ordinance. 13. Overview of Proposed FY2001-2002 Budget (Attachment # 13) L. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: Agenda Regular Council Meeting May 29,2001 Page 5 14. a. 14.b. 15.a. 15.b. 16. 17. 18.a. CITY COUNCIL PRIORITY ISSUES Ordinance advancing $257,000 from the No. 3480 Storm Water ClP Fund, advancing $354,000 from the No. 4080 Water CIP Fund, and advancing $54,000 from the No. 3280 Park ClP Fund, to and appropriating in the No. 3270 Seawall ClP Fund to begin the Seawall Repairs project approved in the Special Election on November 7, 2000; to be reimbursed with interest; amending Ordinance No. 024162 which adopted the FY00-01 Capital Budget by adding $665,000 to the No. 3270 Seawall ClP Fund. (Attachment # 14) Ordinance rescinding Ordinance No. 024366 which appropriated $900,000 from the Seawall Improvements Fund; and which transferred $900,000 to and appropriating in the No. 3270 Seawall ClP Fund. (Attachment # 14) Motion authorizing the City Manager or his designee to execute Amendment No. 5 in the amount of $581,000 with Shiner Moseley and Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A) and Seawall Reconstruction Project B-1. (Attachment # 15) Motion authorizing the City Manager or his designee to execute a geotechnical and materials testing contract in an amount not to exceed $79,602 with Fugro South, Inc. (Gulf Coast Testing Laboratory) for the Pilot Seawall Reconstruction Project (Contract A) and Seawall Reconstruction Project B-1. (Attachment # 15) Resolution authorizing the City Manager or his designee to execute a five year natural gas supply, transportation, and facilities construction contract with National Energy and Trade, L.L.C., for the purchase of 100% of the City's Natural Gas Requirements to begin on July 1, 2001 and expire on July 1,2006. (Attachment # 16) Motion approving the submission of the FY2001-2002 Community Youth Development Programs in the amount of $500,000 to the Texas Department of Protective and Regulatory Services as recommended by the 78415 Community Youth Development Steering Committee. (Attachment # 17) Motion authorizing the City Manager or his designee to accept a grant in the amount of $146,790 from the State of Texas, Office of the Governor, Criminal Justice Division for funding eligible under the FY2001 Juvenile Accountability Incentive Block Grants Program and (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting May 29,2001 Page 6 18.b. 19. 20. 21 .a. 21 .b. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) to execute all related documents to establish a Juvenile Court within Municipal Court. (Attachment # 18) Ordinance appropriating $146,790 in the No. 1050 Federal/State Grants Fund from the State of Texas, Office of the Governor, Criminal Justice Division and transferring $16,310 from No. 1020 General Fund and appropriating it in the No. 1050 Federal/State Grants Fund as matching grant funds to establish a Juvenile Court within Municipal Court. (Attachment # 18) Resolution authorizing the City Manager or his designee to submit a Coastal Impact Assistance Program Grant Application to the Texas General Land Office in the amount of $2,000,000 for dredging shoaled areas within the marina. (Attachment # 19) Motion authorizing the City Manager or his designee to execute a contract with Competitive Communications Group (CCG) in the estimated amount of $21,000 to perform Franchise Fee Audits on Central Power and Light Company and Southwestern Bell. (Attachment # 20) Motion to rescind previous Motion No. M2000-459, which authorized the City Manager or his designee to execute a four-year contract with Ceridian Company for Cafeteria Plan Administration. (Attachment # 21) Motion authorizing the City Manager or his designee to execute a four-year contract with Flex Benefits Administrators to administer the City's Section 125 Cafeteria Plan at estimated annual costs of: $17,694 year one, $17,694 year two, $17,694 year three and $17,694 year four. (Attachment # 21) PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. OR AT THE END OF THE COUNCIl MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and Agenda Regular Council Meeting May 29,2001 Page 7 22. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) state your name and address, if you have a petition or other information pertaining to your subject, please present it to the CiO/Secretary.) Si usted se didge a la junta y cree que su ingl&s es limitado, habra un int~rprete ingl&s-espa~ol en la reuni(~n de la junta para ayudarle. 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 A T ANY COUNCIL MEETING. EXECUTIVE SESSION: PUBLIC NOT/CE is given that the City Council may elect to go into executive session at any time during the meeting in orderto discuss matters listed on the agenda, when authorized by the provisions of the Open Meetings Act, Chapter 551of the Texas Govemment Code. 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 wi//be publicly announced by the presiding officer. REPORTS: The following reports include questions by Council to Staff regarding City policies oractivities; request byCouncil forinformation orreports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 77th Texas Legislature. 23. CITY MANAGER'S REPORT 24. 25. * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS Agenda Regular Council Meeting May 29, 2001 Page 8 NOTE: CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 2:30 p.m., May 25 ,2001. A~mando Chapa City Secretary The City Council Agenda can be found on the City's Home Page at www.ci.corpus-christi.tx.us after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council pdodty issues. CITY COUNCIL 1999 PRIORITY ISSUES: CONTINUE "AS IS" Improve Basic Services: Trash, Brash, Debris Improve Basic Services: Street and Road Maintenance Improve Basic Services: Animal Control Improve Basic Services: Quality Water Improve Basic Services: Lighting Stormwater / Drainage Northside Plan Residential / Community Park Development Capital Improvements / Bond Issue Airport Improvements Street Assessment Golf Course Youth Crime Initiatives Environmental Compliance Development Center Community-Oriented Policing 1999 PRIORITY ISSUES: CONTINUE WITH REVISIONS Privatize Services · Explore additional opportunities Crime Control District Initiatives · Address budget concerns and the ability to fund the program for the long-term ~ Bayfront Development Plan · Continue to vigorously pursue development in the Bayfront Arts & Sciences Park area · Continue coordination / collaboration among entities in the area Improve Basic Services: Park Maintenance · Prepare / repair facilities · Evaluate current facilities for improvement priorities · Identify undeveloped park land for possible sale · Consider outsourcing neighborhood park maintenance to Neighborhood Associations, with assurances of equity · Explore establishment of Adopt-A-Park program Animal Control · Ensure adequate staff and equipment · Establish a "Cooperative Veterinarian" program Economic Development · Participate with local and regional economic development initiatives (not necessarily with funding) Bayfront Convention Center Expansion · Modify plans or identify alternative funding sources as a result of study NEW PRIORITY ISSUES FOR 2000 Internal Issues Charter Revision · Tax Cap · Term Limits · Utility Transfers · Review previous Charter Commission's recommendations Improve Working Relationships with Other Taxing Entities · Invite to quarterly meetings · "Tax Summit" · Explore opportunities to share in tobacco settlement dollars Landscaping / Improvement of Entryway from Corpus Christi International Airport · Code enforcement Address Long-term Budgetary Issues · Reach agreement on a plan / philosophy · Acquire sof~ware, ensure monthly requisitions and timely CAFR Legislative Issues Museum of Science and History Long-Range Plan Tax Increment Financing District (Packery Channel) ~ Long-range Strategic Water Planning Capacity External Issues Metrocom Crosstown Expressway Spaceport Medical Campus Long-range (after the Bond Issue) Downtown Development · Median improvement / landscaping · Plan for development of west end of downtown (First United Methodist Church to Memorial Coliseum) Hospitality Industry Development - Central City CC Beach Development Marina Development Development of Island, Post-Packery Channel Foreign Trade Zone Expansion Community-wide Visioning Process 1 MINUTES JOINT MEETING OF THE CORPUS CHRISTI CITY COUNCIL AND CONVENTION AND VISITORS BUREAU BOARD OF DIRECTORS May 22, 2001 - 12:08 p,m. Mayor Samuel L. Neal Jr.* Mayor Pro Tern Henry Garrett Brent Chesney Javier Colmenero Bill Kelly Rex Kinnison John Longoria* Jesse Noyola Mark Scott City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Assistant City Secretary Mary Juarez Recording Secretary Rachelle P. Ram6n CONVENTION AND VISITORS BUREAU Brad Lomax, Board Chairman Cristina Garza Bill Goin Bill Morgan Govind Nadkarni Jody Patel Linda Routh Tom Schmid Berney Seal John Trice Dan Viola Lillian Riojas (Ex-Officio) BOARD MEMBERS ABSENT Vangie Chapa Victor Gonzalez Bert Quintanilla Mayor Pro Tem Crarrett called the meeting to order in the Basement Training Room of City Hall. Assistant City Secretary Juarez checked the roll and verified that a quorum was present to conduct the meeting. Mr. Lomax also confirmed that a majority of the Convention and Visitors Bureau (CVB) board members were present. He noted that there are two new CVB board members-- Mr. Viola, an At-Large member, and Ms. Riojas, an ex-officio member representing the Port of Corpus Christi Authority. He added that there is one vacancy on the board. Mr. Lomax said the information provided to the Council was a synopsis of the CVB Board's planning retreat held on April 28, 2001, facilitated by Ms. Susan Cable, the city's Director of Communications and Quality Management. Mr. Lomax said the board dealt with three issues in particular: the first was the CVB's website. He said they have given notice under the terms of the contract with BDSI (the website provider), which will no longer be marketing the CVB's website after mid-June. However, the CVB will retain all rights to the site. He said that action will result in a savings of $3,000 a month. Another issue was the CVB's relationship with the Corpus Christi Hispanic Chamber of Commerce. Mr. Lomax said they have asked the Hispanic Chamber to focus on the leisure market within a 500-mile radius to include Monterrey, Mexico and U.S.-Mexico border towns. In return, the CVB has committed to provide $54,000 a year to the Hispanic Chamber for at least three years. He said that amount can increase depending on the chamber's performance. Minutes - Joint Meeting May 22, 2001 Page 2 The third issue was the CVB's involvement with the Columbus Fleet Association. Mr. Lomax said the CVB has made a 12-month commitment to work with the Museum of Science and History in supporting the Columbus fleet exhibit and in reviewing its economic feasibility. He said the CVB is trying to alleviate the $22,000 per month expense to its budget, restore community confidence, and nominate a successful Columbus Fleet Association Board. He said assisting in that effort will be Rocco Montesano, Fred Dotts, Duncan Samyo, and Bert Quintanilla. Mr. Bill Morgan, Chairman of the CVB's Sales and Marketing Committee, said they developed a comprehensive advertising campaign based on specific guidelines, one of which is to spend 80% of advertising dollars on the leisure travel market within a 500-mile radius (Austin, San Antonio, Houston, and Dallas-Fort Worth). The other 20% of the funding will be focused on meetings and conventions utilizing trade magazines, newsletters and direct mail. *Mayor Neal arrived at 12:18 p.m. and Council Member Longoria arrived at 12:20 p.m. Mr. Morgan said another aspect of the advertising campaign is to increase the media advertising budget to the 1997 level, which was $641,000; in contrast, the FY 2000-01 budget was $189,000. Mr. Bill Pettus, of Pettus Advertising, said he was hired by the CVB on August 1, 2000 to help develop a strategic marketing plan within the existing budget. He said the first thing they had to do was to create new collaborative material because it was outdated. He said they utilized the state's website to compile demographics about visitors to Corpus Christi. Mr. Pettus noted that of the top 16 attractions in the state, three are located here: North Padre Island, U.S.S. Lexington Museum on the Bay, and the Texas State Aquarium. Mr. Pettus also showed examples of new promotional material his company designed, including a beach and bay guide, professional meeting planners guide, and a "rack card." He said that because of their small advertising budget, the CVB needed the help of some of their industry partners, such as hotels and attractions, to help pay for large, colorful advertisements in San Antonio and Austin newspapers. Mr. Petms also discussed other aspects of the advertising campaign. Council members discussed the condition of the area's beaches and the importance of marketing to the Rio Grande Valley and Laredo. Mr. Joey Jarreau, Director of Sales and Marketing, said the CVB is now focusing on its presence in Austin to increase its visibility among meeting planners and representatives of state associations. He said they are also marketing toward military reunion associations and they have added another convention sales manager, for a total of four now. Mr. Wayne Bennett, CEO of the CVB, said the construction of the new arena will create a major sports market that the CVB intends to target. He also described how the organization has been restructured internally in order to free up more advertising dollars and they are examining the efforts of successful convention and visitors bureaus around the country. Mr. Bennett said that in order to continue their efforts to reach more tourists (with the goal of subsequently increasing the city's tourism-related revenues), the CVB intends to submit a supplemental budget request of about Minutes - Joint Meeting May 22, 2001 Page 3 $100,000 for marketing and media advertising. He added that the CVB is also reviewing all of its contracts and purchases and determining whether to out-source certain services or provide them in- house. Mr. Bennett and Mr. Jarreau responded to Council members' questions regarding the CVB's sales and marketing goals. They also discussed the possibility of bringing a large traveling attraction to Corpus Christi. Mr. Lomax informed the Council about the CVB's committees: Government Affairs, Sales and Marketing, Finance and Evaluation. He said Corpus Christi is a finalist to host the LULAC national convention in 2004. He said that effort is similar to the CVB's successful effort to land the American Bowling Congress tournament in 2006. He added that the CVB board is very aware that they are funded with public monies and they have a responsibility to restore the community's confidence in the organization. Mayor Neal thanked the CVB board members and stafffor their efforts. There being no other business, the Mayor adjourned the meeting at 1:20 p.m. on May 22, 2001. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 22, 2001 2:05 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Henry Garrett Council Members: Brent Chesney Javier D. Colmenero Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott City Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ram6n Mayor Neal called the meeting to order in the Council Chambers of City Hall. He delivered the invocation and the Pledge of Allegiance to the United States flag was led by Council Member Colmenero. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of May 15, 2001. A motion was made and passed to approve the minutes as presented. Mayor Neal called for consideration of the consent agenda (Items 2-6). Council members requested that Items 2, 4 and 5 be discussed. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 3. M2001-I98 Motion approving the supply agreement for dumpster route service in accordance with Bid Invitation No. BI-0117-01 with Browning Fen-is Industries (BFI) Waste Systems of America, Corpus Christi, Texas, based on low bid for an estimated annual expenditure of $43,134.36. The term of the contract will be twelve months with option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. This service will be utilized at thirty-eight different City facilities. Funds have been budgeted in FY00-01 by the using departments. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kirmison, Longoria, Noyola, and Scott voting "Aye." Minutes- Regular CouncilMeeting May22,2001 Page 2 ORDINANCE NO. 024461 Ordinance amending the City Code of Ordinances, City of Corpus Christi, Chapter 2 Administration, Article IV Miscellaneous Boards, Commissions and Committees, Division 8, Section 2-115 and 2-116, by modifying the composition of the Animal Control Advisory Committee; providing for an effective date. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 2, custodial services. Responding to Council Member Noyola, City Manager Garcia said that Member's Building Maintenance Corporation of Dallas was the previous successful contractor but this year they conditioned their offer to accept an all-or-none award for all three bids. He said they were the low bidder in two of the bids but they were high in the third bid; consequently, they were not awarded the contract. Mr. Mike Barrera, Procurement & General Services Manager, said that condition was made by the bidder and not by staff and is similar to a volume discount. City Secretary Chapa polled the Council for their votes as follows: 2.a. M2001-195 Motion approving a supply agreement with J.K. Janitorial, Inc., Corpus Christi, Texas for custodial service for various police department facilities in accordance with Bid Invitation No. BI-0025-01, based on low total bid for an estimated annual expenditure of $19,179.12. The term of the contract is for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted in FY00-01. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 2.b. M2001-196 Motion approving a supply agreement with J.K. Janitorial, Inc., Corpus Christi, Texas for floor service for various police department facilities and the main police building in accordance with Bid Invitation No. BI-0026-01, based on low total bid for an estimated annual expenditure of $28,341.19. The term of the contract is for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted in FY00-01. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting May 22, 2001 Page 3 2.c. M2001-197 Motion approving a supply agreement with One Source Facility Services, Inc., Corpus Christi, Texas for custodial service for the main police building in accordance with Bid Invitation No. BI-0027-01, based on low total bid for an estimated annual expenditure of $68,580. The term of the contract is for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted in FY00-01.Total Award: $116,100. 24 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 4, breathing air cylinders. In reply to Mr. Noyola, Mr. Barrera said this bid entails two different line items (for breathing air cylinders with and without valves), and staff reserves the fight to award them separately. However, the price difference between them was only $8.75 and rather than award two different contracts, staff is recommending that both line items be awarded to Four Alarm Fire Equipment. City Secretary Chapa polled the Council: 4. M2001-199 Motion approving the purchase of fifty Breathing Air Cylinders in accordance with Bid Invitation No. BI-0129-01 from Four Alarm Fire Equipment, Houston, Texas, based on low total bid for a total of $33,046.25. The breathing air cylinders will be used by the Fire Department. Funds have been budgeted by the Fire Department in FY00-01. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal opened discussion on Item 5, replacement of wastewater laterals. Council Member Colmenero asked about this change order. Mr. Angel Escobar, Director of Engineering Services, explained that when this project went out for bids~ staff included the rehabilitation of the sanitary sewer line underneath Santa Fe. He said staffanticipated that the 11 lateral lines that come off of the main line would be able to be sliplined in the same manner as the main line. However, when the 11 laterals were cleaned and televised, it was discovered that six of them are so badly deteriorated that they need to be replaced. Mr. Escobar said this action will not delay the project. City Secretary Chapa polled the Council for their votes as follows: 5. M2001-200 Motion authorizing the City Manager or his designee to execute Change Order No. 9 with Minutes - Regular Council Meeting May 22, 2001 Page 4 Haas-Anderson Construction Company, in the mount not to exceed $178,589.50 for replacement of wastewater laterals for the South Alameda, Santa Fe and Weber Rehabilitation Project. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal referred to the presentations on the day's agenda. The first presentation (Item 7) was a special recognition of the Corpus Christi Housing Authority (CCHA). The Mayor explained that about three years ago the U.S. Department of Housing and Urban Development (HUD) informed the CCHA that it was not delivering the necessary services to its clients. As a result, on May 17, 2000 the CCHA was designated as a "troubled agency" and given specific tasks to complete in one year with the assistance of a technical consultant. Mr. William Bonilla, Chairman of the CCHA Board, introduced the other board members: Rick Frederickson, Elmer Wilson, Alice Marruffo, Patsy Boone, and Michael Raymond, CCHA Executive Director. Mr. Raymond said CCHA completed the required tasks in 10 months and submitted their report to HUD in March. On April 20, 2001, HUD informed the CCHA that it was no longer a troubled agency and it was returned to the jurisdiction of the San Antonio HUD office. Mr. Raymond said he feels the local housing authority has more work to do, particularly in addressing the residents' needs. He said the board is committed to the goal of making the CCHA one of the finest housing authorities in the country. Mr. Raymond commended Mayor Neal for his selection of the board members and for the efforts of the CCHA staff. Council Member Garrett said the CCHA's improvements are visible. The second presentation (Item 8) was the quarterly update by the Economic Development Corporation (EDC). Mr. Ron Kitchens, CEO and President, said the city is experiencing an all-time low in unemployment (5%) and approximately $800 million in new public and private sector projects have been announced. He said that since August 2000 (the start of the EDC's fiscal year), 2,700 new jobs have been announced, which will require 5,400 permanent contractors to support them. Mr. Kitchens said 14 site selectors were scheduled to arrive that day to scout new locations for their manufacturing and office companies. He discussed the EDC's redesigned website, which includes a large amount of demographics, site availability and contact information. The site will also be geared toward businesses in Central and South America. Mr. Kitchens also described the EDC's efforts to learn about other community's best practices and a seminar they are organizing entitled "Finding Your Community's Niche in the New Economy." Council Member Chesney asked if the EDC had tracked the number of jobs that have been Minutes - Regular Council Meeting May 22, 2001 Page 5 lost and the resulting net gain in jobs. Mr. Kitchens replied that they are preparing those figures and they are aware of one merger which resulted in the loss of about 250 jobs. Mr. Chesney said it is important that the community is aware of the EDC's efforts. Responding to another question from Mr. Chesney, Mr. Kitchens said the new jobs to which he referred fall into three categories: business services, manufacturing, and technology, which are primary income jobs. Mr. Chesney offered his assistance in the city's economic development efforts. In reply to Council Member Scott, Mr. Kitchens said the unemployment rate in Corpus Christi last year was 6.3% and now it is 5%. He said he believes that figure will continue to decrease. Mr. Kitchens also said that one reason businesses chose not to locate in Corpus Christi is because of the state of the national economy, as well as lack of incentives and lack of available developed sites and buildings. Mr. Scott said that Horton Automatics is an example of a business that is able to expand because of cooperation with the city. Council Member Colmenero said it is important to ensure that the EDC's website meets international language standards. Mr. Kitchens said two EDC staffmembers have degrees in Spanish and the site will also be reviewed by a Spanish professor. He said he is aware of potential investors in Central and South America. Council Member Kelly asked how the EDC is educating local residents about the opportunities that are being created. Mr. Kitchens said the EDC cooperates with the Texas Workforce Commission, Del Mar College, Texas A&M University-Corpus Christi and the Chamber of Commerce. He explained how people can learn more about available jobs. Mr. Joe Adame, Chairman of the EDC Board, thanked the Council for their support and he said they intend to be accountable. He also invited the Council to visit the EDC's office. The third presentation (Item 9) was regarding the hurricane preparedness/refuges of last resort programs. City Manager Garcia noted that hurricane season begins Jane 1st and the city has already begun to prepare for that. Using a computer presentation, Mr. Juan Ortiz, Emergency Management Coordinator, discussed the following: storm classification, risk area definition, behavioral study, evacuation clearance times, uncertainty factors, evacuation decision tool, and evacuation traffic flow. He said storms are classified as either a tropical depression, tropical storm (31-73 mph winds), or one of five categories of hurricanes. Those categories are: Category 1, winds 74-95 mph; Category 2 is 96-110 mph; Category 3 is 111-130 mph; Category 4 is 131-155 mph; and Category 5 is over 155 mph. Mr. Ortiz said that in addition to high winds, hurricanes also cause storm surges. The areas that could be affected by the surges are determined by using computer modeling, known as a SLOSH (Sea, Lake and Overland Surge from Hurricanes) study. He said that Aransas, Refugio, San Patricio, Nueces, Kleberg and Kenedy counties are divided into five risk areas with a total population of 439,028. Mr. Ortiz also discussed a behavioral study that was conducted using a random phone survey of people living in all five risk areas. He said Nueces County was also divided into five risk Minutes - Regular Council Meeting May 22, 2001 Page 6 areas with a total population of 311,549. He also discussed evacuation clearance times and traffic flow. He noted that clearance times assume travel through impacted risk areas only, not to a person's final destination, such as San Antonio, Austin, or Dallas. They also assume that critical traffic points will be controlled and that there will be a 20% degradation in route capacities, including spontaneous evacuation from risk areas 4 and 5. With regard to evacuation traffic flow, Mr. Ortiz said that the reversal of lanes on IH-37 will have a minimal impact on clearance times. He said the cross-over point is located outside Nueces County in risk area 3. Mr. Garcia and Mr. Ortiz also responded to Council members' questions. The second part of the presentation was made by Ms. Barb Sudhoff, Director of Municipal Court, regarding the refuge of last resort program. She said the City Council directed staffto develop the program in response to citizens' concerns after Hurricane Bret hit the Coastal Bend on August 22, 1999. She emphasized that if a hurricane is imminent~ evacuation is the best option, and the refuge program will only be activated once evacuation is no longer viable. Ms. Sudhoffsaid the city's partners in this program are Corpus Christi Independent School District, the local chapter of the American Red Cross, and the Salvation Army. She said the city has two interlocal agreements with CCISD to provide school facilities (including existing school sites and the use of principals and custodians at those schools) and to provide pre-packaged food (cold sandwiches and available USDA commodities delivered to the sites). She said the American Red Cross has provided shelter management training based on their model. Ms. Sudhoff noted that an interlocal agreement between CCISD and the Red Cross is pending. The city will turn over the shelter sites to the Red Cross immediately after a hurricane. Ms. Sudhoff said the city will manage the facilities, including food distribution, registration, communication, and dormitory management. She said in order to implement the refuge program, the city's Human Resources emergency services policy has been revised to designate all city employees as essential employees, either for operational needs or emergency management. She said that after the Emergency Operations Center (EOC) has been opened in advance of a hurricane, the Mayor and City Manager will make the decision about activating the refuge program in cooperation with the EOC Coordinator for the school district. At that time, all city teams will be activated and the city employees' shelter will be established so they can take their families there before having to report to work for what could be very long shifts. After that, the sites of the 12 shelters open to the public will be released by the media. Ms. Sudhoffemphasized that the refuges of last resort, which have limited capacity, will only provide basic shelter and accommodations. She said people need to understand that the city will not guarantee their safety if they choose to go to the shelters. She also discussed the items that citizens will and will not be able to bring to the shelters. Mr. Scott Kucera and Mr. Leroy San Miguel of CCISD and Ms. Judi Oestreich of the local chapter of the American Red Cross briefly discussed the many hours of work involved in developing this program. Responding to Council questions, Ms. Sudhoff said the shelters cannot accommodate sick Minutes - Regular Council Meeting May 22, 2001 Page 7 people or pets and she urged those citizens to make other arrangements now before a hurricane comes. Mr. Ortiz added that state regulations require that nursing homes have an evacuation plan for their residents. Mayor Neal pointed out that emergency services vehicles will not be available to transport citizens to the city shelters. Ms. Sudhoff also briefly discussed the liability waiver that citizens will have to sign when they come to the shelters. She noted that city staff is working with other school districts in addition to CCISD on this program. The third part of the presentation was regarding traffic management and the IH-37 conversion plan, which was given by Captain John Galvan of the Texas Department of Public Safety (DPS). He noted that the primary northerly and westerly routes away from the Coastal Bend are IH-37; US 181 and 77; FM 665, 70, 774 and 185; and Texas 44, 141,285 and 188. Capt. Galvan discussed the criteria that will be used in determining whether to convert the southbound lanes of IH-37 for northbound traffic. They include that the predicted time of the hurricane's landfall is less than the time normally required to evacuate; size and/or intensity of the storm; anticipated path; possibility ora storm surge; and the number of citizens affected. He said the lane reversal plan will not be considered for tropical storms and Category 1 or 2 hurricanes (although larger storms will not automatically trigger the implementation of the lane reversal plan). Capt. Galvan said the lane reversal operation will be conducted from the DPS District 3A EOC. The Disaster District Chairman 3A (DDC) will decide if an evacuation warrants the conversion of IH-37 and the Regional Liaison Officer will coordinate the plans with state and local government representatives. Highway Patrol field supervisors will monitor roadway conditions and (if necessary) suggest alternate evacuation routes; assist in evacuation traffic control; coordinate law enforcement activities; and keep the DDC/EOC updated. The DPS Public Information Officer will disseminate emergency information from the DDC advising the public of evacuation routes to be taken and coordinate with his or her counterpart at the Texas Department of Transportation (TXDOT) regarding roadway and traffic information for news releases. He also discussed TXDOT's responsibilities. Capt. Galvan said that local officials should begin discussing and planning for evacuation 36 to 24 hours prior to the storm's anticipated landfall, and that the evacuation recommendation be made with a minimum of 24-hour notice prior to landfall. He said a decision to evacuate later than that will be too late. He also discussed the reversal procedures, which will start at Loop 1604 south of San Antonio. Two DPS District 3B anits from San Antonio will verify that the interstate is closed and managed at the Loop 1604 closure point. Capt. Galvan said the process will continue southbound, ensuring that each ramp is secured with personnel and barricades until reaching US 281 (Exit 72). Two DPS District 3A units from Corpus Christi will concurrently initiate the "flushing" procedures from US 281 until they reach the conversion point at the Nueces River Bridge north of US 77. He said the process should take about one to two hours to convert approximately 130 miles of IH-37. He added that emergency vehicles and others will have southbound access to the Coastal Bend via the frontage roads. Minutes- Regular CouncilMeeting May22,2001 Page 8 Mr. Ismael Soto of TXDOT noted that during Hurricane Bret it took residents several hours just to travel through Corpus Christi on South Padre Island Drive and IH-37 until they reached the Nueces River Bridge. In order to avoid similar delays during a future hurricane, Mr. Soto said that TXDOT is planning to restripe certain roadways to allow for a quicker and smoother transition out of the city. He said the Corpus Christi Police Department indicated that they will assist with traffic control. Mr. Soto said this process should only be used when extra highway capacity is needed. Mayor Neal said the city's EOC will be opened and staffed at least 36 hours prior to the expected landfall of a hurricane, at which time city officials will issue voluntary evacuation recommendations to people living on Padre Island and in low-lying areas. He said they are much better prepared now for a hurricane than they were previously. The Mayor called for a brief recess. The fourth presentation (Item 10) was an update on the multi-purpose arena and convention center projects. Council Member Kelly stated that he had a conflict of interest with these projects and would not be discussing them. Mr. Raymond Gignac, of Gignac & Associates, referred to a diagram of the proposed master plan for the area. He said one of the concepts they are developing is to provide pedestrian-friendly access along the bayfront from the T-Heads to the Solomon P. Ortiz Center at the Port of Corpus Christi. He said there will be a loop around the Water Garden that will include a different pavement section with controlled access. He noted that the traffic lanes on Shoreline will remain the same until they reach the convention center, where they will be narrowed into the pedestrian-friendly area. He said there are plans to develop plazas at each lateral intersection of Shoreline in that area. Mr. Andy McLean, of Thompson, Ventulett, Stainback & Associates, discussed the expansion of the convention center and its relationship to the new adjacent arena. He said one of the highlights of the plan is to change the focus and arrival point of the convention center so that it will face the water. He said the project will include a new waterfront lobby and new meeting rooms, as well as a change in the building's appearance. Mr. Robert Fatovic, of Architectonica, said the floors of both the arena and the convention center's exhibit hall will be at the same level, which creates a public promenade with views of the water. He said locating the arena next to the convention center will allow for sharing of facilities such as service yards, mechanical space, and kitchens. He said the plan is to build the arena in a horseshoe shape to allow for future expansion. Mr. McLean said the joint use of the arena and exhibit hall will increase the available exhibit space to about 100,000 square feet. Mayor Neal said they would delay this presentation for a few minutes in order to hear petitions from the audience. Mr. Charles Tipps, 4822 Elm Hurst Lane, questioned whether his neighbor is receiving preferential treatment with regard to solid waste services. He said he had previously reported an Minutes- Regular Council Meeting May22,2001 Page 9 incident in which two Solid Waste Services personnel had parked their garbage truck in front of his neighbor's house and were working on her garage door for an extended period of time. Mayor Neal said staff would address Mr. Tipps' concerns. Mr. Lonnie Laningham, 4713 Alma, expressed concern about the traffic that will be created by the arena. He said Chaparral Street needs to be widened to four lanes with a turning lane and other infrastructure needs to be built to acconunodate the increased traffic. Mr. Leon Perez, 904 Buford, said he was one of the people who built the seawall, which he said was not intended as a seawall but as a way to get down to the water. Mr. Joe De la Garza, 507 17th St., said he and others are awaiting information about an investigation into the recent election at the Corpus Christi Army Depot. He said the National American G.I. Forum refused to review a videotape involving Mr. Roland Garza, who made comments about Mr. De la Garza and others during a public access cable television program. He said they are asking that while the investigation is underway that the Felix Longoria Chapter of the American G.I. Forum not be allowed to operate in the city. Mr. Bill Vessey, 7689 Dallas, said that ClearSource recently installed a utility box in the easement in his back yard and they trampled a large shrub on two occasions, for which ClearSource paid him. He said he was not aware that builders often build right up to and onto the easement. Mayor Neal said developers are supposed to inform the property owners of the presence of utility easements and the property owners are not supposed to build over the easements. City Attorney Bray said that changes in the telecommunications industry may require staff to bring ordinances to the Council regarding the use of easements. Mr. Carlos Torres, President of the Corpus Christi Firefighters Association, discussed the recent passage of the NFPA 1710 standard by the members of the International Association of Fimfighters. He said the local fimfighters union would like to meet with the City Manager to discuss that standard, which he explained. Mayor Neal then returned to the fourth presentation regarding the arena and convention center projects. Mr. McLean further discussed specific aspects of the convention center, including a raised ceiling in the ballroom, pre-function areas, meeting rooms, concourses, and back-of-the house areas. He and Mr. Fatovic also responded to several questions from Council members regarding both the convention center and the arena. Mr. Kevin St. Jacques, of Wilbur Smith & Associates, discussed parking and traffic issues. He said the complex of facilities needs to be viewed as a whole since they are synergistic and will be sharing parking and circulation roadways. He discussed his company's estimates of the potential combinations of events that may be going on concurrently that should be considered to accommodate parking needs. Those levels of parking include: regular operations walk-up parking (245 days per year) - 1,450 parking spaces; mid-level event attendance parking (108 days per year) - 3,450 spaces; and high-level event attendance parking (12 days per year) - 5,250 spaces. Mr. St. Jacques also Minutes - Regular Council Meeting May 22, 2001 Page 10 discussed parking supply and demand management and potential major event parking strategies using free parking (including shuttles from the Staples Street station and the entertainment district) and parking fees (including adding parking spaces). He also responded to Council questions. Deputy City Manager Noe discussed revenue and expenditure estimates for both the arena and the convention center rehabilitation and expansion. He said staff estimates that the combination of revenues, a federal grant and the bond proceeds will equal $40.3 million for the arena, which is what the cost is estimated to be. The convention center revenues are expected to be $25.2 million and the expenditures are estimated at $24.5 million, with the convention center roof repair estimated to cost $744,395. Mayor Neal announced that Items 11 and 12 regarding the seawall were postponed. 12.a. POSTPONED 12.b. POSTPONED Mayor Neal opened discussion on Item 13, dog restraints. City Attorney Bray said Items 13.a. and 13.b. needed to be amended to make a technical correction to add the penalty clause to the ordinances. Mayor Neal called for public comment on Item 13.a. regarding tethering of dogs. Mr. S.M. Cowling, 138 Southem, referred to written comments he had provided to the Council regarding the proposed tethering regulations. He said while the proposal only establishes one method of tethering (on a trolley system), there are three other viable options: corkscrew ground anchor; tether attached to a building or fence; or adding a phrase to the definition of cruelty to animals to include tying up a dog where it cannot reach food, water or shelter. Mr. Cowling said the proposed regulation punishes all dog owners for the problems created by a few. He asked the Council to consider postponing this issue in order to receive additional input. Dr. Nina Sisley, Director of Public Health, said that local animal cruelty violations have to be filed under state law, which requires proof that the owner was culpable--a very difficult thing to prove with regard to this issue. City Manager Garcia said the key to animal cruelty is intent; consequently, staff cannot make a case against a person in these instances without clarifying exactly Minutes - Regular Council Meeting May 22, 2001 Page 11 what is legal and illegal. Council Member Colmenero said Mr. Cowling made some good points. Responding to Council Member Kinnison, Dr. Sisley said the dog tethering issue was discussed at the Animal Control Advisory Committee meeting, which is open to the public. Ms. Susan Thiem, a member of that committee, said the corkscrew ground anchor is not inexpensive and is sometimes difficult to install. She said the reason they recommended the trolley system is because it is the safest way to tether an animal. She said they are not trying to intimidate people but to protect animals. Responding to Council Member Longoria, Dr. Sisley confirmed that a dog can run loose as long as it is within a fenced yard. Council Member Scott said the proposed ordinance indicates that the only legal way to tether an animal will be with the trolley system. Council Member Kelly said the whole idea of this proposal is to take the intent of the owner out of the equation. He said he did not think citizens should be subjected to this type of strict liability, particularly since Mr. Cowling had suggested more reasonable alternatives. Mr. Jeff Beynon, Animal Control Supervisor, said they considered a time period to define "keeping" of the animal but there is no way Animal Control could enforce that provision at their current staffing levels. He said he would welcome public input to help staff with this problem because they do not want animals to continue to suffer without water or food or possibly choke to death. Council Member Garrett said he feels more public input is needed. Mayor Neai asked if Mr. Cowling's suggestions ~vould work. Mr. Beynon replied that Animal Control staff have encountered dogs that have hung themselves after jumping over a fence while tied up. He added that the corkscrew anchor does not work in certain soil conditions. Council Member Chesney said he also has a problem with the strict liability standard. Ms. Thiem said there are many incidents of dogs dying from not being properly tethered that go unreported. Mr. Sirfrederickvon Eugenius King VII, 5901 Weber Rd., said that two years ago he was bitten by a dog, which resulted in medical expenses and a permanent scar. Mr. Bray said a citizen named Mr. Pat Kerr was at the meeting earlier but had to leave. Mr. Bray said Mr. Kerr feels the animal cruelty laws sufficiently addressed this issue. Responding to Mayor Neal, Mr. Bray said that based on case law, only the really egregious cases of animal cruelty are actually prosecuted. Mr. Colmenero made a motion to table Item 13.a. until June 12, 2001; seconded by Mr. Kinnison. City Secretary Chapa polled the Council for their votes and the motion to table passed as follows: Chesney, Colmenero, Garrett, Kinnison, and Scott voting "Aye"; Neal, Kelly, Longoria, and Noyola voting "No." Mr. Scott and Mr. Kinnison said they wanted to make sure that staff had enough time to solicit input from the public on this issue. Mr. Garcia replied that the motion that passed specified bringing the item back on June 12th. Dr. Sisley said the Animal Control Advisory Committee needs Minutes - Regular Council Meeting May 22, 2001 Page 12 to consider this issue but they will not hold another meeting until June 14th. Following additional discussion, Mr. Chesney made a motion to remove the June 12th date from the motion to table; seconded by Mr. Colmenero. Mr. Garcia suggested that Council direct staff to bring the issue back to the Council in 60 days. Mr. Chesney and Mr. Colmenero concurred and made that their amended motion. Mayor Neal called for a voice vote and the motion to table for 60 days passed unanimously. 13.a. TABLED Mayor Neal called for public comment on Item 13.b. and there was none. He then made a motion to amend Item 13.b. to include the penalty clause, seconded by Mr. Longoria, and passed unanimously. Mr. Chapa then polled the Council for their votes on Item 13.b. as amended: 13.b. ORDINANCE NO. 024462 Ordinance amending the City Code of Ordinances, City of Corpus Christi, Chapter 53, Traffic, Article I in General, by adding new Section 53-16, regarding the restraint of a dog in an unenclosed motor vehicle; providing for penalties; providing for an effective date. The foregoing ordinance passed on second reading, as amended, by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." In his report, Mayor Neal said several people have asked him about plans to celebrate the city's sesquicentennial (150th) anniversary as an incorporated city. He said his office does not have the staff to organize such an event. Mr. Longoria suggested that agencies such as the Junior League and the Buccaneer Conunission be approached for their input. Mr. Colmenero proposed that one or two members of the City Council be appointed to that committee. Mr. Kinnison recommended that the city's celebration be incorporated into existing events. Following additional discussion, City Manager Garcia said staff will prepare a presentation with some ideas on how to proceed. The Mayor then called for the City Manager's report. Mr. Garcia said the FY 2001-02 proposed budget will be presented to the Council on May 29th. Other items next week include the natural gas supply contract and the CYD grants. There was consensus of the Council to not meet on June 5th. The Mayor suggested that some of the Council's budget meetings start earlier in the day. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:30 p.m. on May 22, 2001. 2 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of one ambulance from the Houston-Galveston Area Council of' Governments, for the total amount of $128,996.53. The award is based on the cooperative purchasing agreement with HGAC. The ambulance will be used by the Fire Department. This unit is a replacement. Funds are available through the Capital Outlay Fund. Purpose: Basis of Award: The ambulances will be used by the EMS Division of the Fire Department for emergency medical response services. The ambulance is purchased through the cooperative purchasing agreement with the Houston-Galveston Area Council of Governments. HGAC acts as a purchasing agent for participating members through the Interlocal Cooperation Act and abides by all Texas statues regarding competitive bidding requirements. Price Comparison: Funding: Pricing has remained stable since the last purchase of 2000. EMS Department 540020-4680-35100 Capital Outlay Item# 111 $140,000 M~chael arrera, M Procurement & General Services Manager CITY COUNCIL AGENDA MEMORANDUM May 18, 2001 AGENDA ITEM: Motion approving the purchase of Internet Protocol (IP) telephone/data equipment from Southwestern Bell for the total amount of $28,919.73 in accordance with the State of Texas Cooperative Purchasing program, The equipment will be used at the Police Corona Training Academy/Assembly Point. Funds are provided through the Police Department General Fund Budget. ISSUE: The phone system at the Police Training Academy/Corona Assembly Point is over 15 years old and will be replaced with an IP system. BACKGROUND INFORMATION: The Training Academy/Assembly Point telephone and data systems need upgrading; fiber optic cable has been laid and the IP telephone equipment is the next purchase. When completed the academy and assembly point will have state of the art data transfer equipment and telephone system with voice mail capability. REQUIRED COUNCIL ACTION: Approval of purchase. FUNDING: Funds are available through the Police Department General Fund budget. CONCLUSION AND RECOMMENDATION: Staff recommends approval of purchase. Chief of Police 4 AGENDA MEMORANDUM DATE: May 23, 2001 SUBJECT: Kostoryz Road Improvements - Holly Rd to Saratoga Blvd (Proj No. 6068) Airline Road Improvements - Wooldddge Rd to Saratoga Blvd (Proj No. 6055) McArdle Road, Ph. 1 Improvements - Weber Rd to Everhart (Proj No. 6013) AGENDA ITEM: A. Motion authorizing the City Manager, or his designee, to increase the escrow amount with the Texas Department of Transportation in the amount of $122,594.37 as part of the Kostoryz Road Improvements(from Holly Road to Saratoga Boulevard) construction contract in accordance with the Advanced Funding Agreement. B. Motion authorizing the City Manager, or his designee, to increase the escrow amount with the Texas Department of Transportation in the amount of $64,822.06 as part of the Aidine Road Improvements, Phase 2 (from Wooldridge Road to Saratoga Boulevard) construction contract in accordance with the Advanced Funding Agreement. C. Motion authorizing the City Manager, or his designee, to increase the escrow amount with the Texas Department of Transportation in the amount of $115,859.68 as part of the McArdle Road, Phase 1 Improvements Project,rom Weber Road to Everhart Road)construction contract in accordance with the Advanced Funding Agreement. ISSUE: Additional escrow funds are required by the Texas Department of Transportation (TxDOT) as a result of bid prices coming in higher than expected for roadway, fiber optic conduit, street light conduit and additional drainage elements on the Kostoryz Road, Airline Road and McArdle Road, Phase I construction contracts within the terms of the existing Advanced Funding Agreement. FUNDING: Funding is available in the Street, Storm Water, Wastewater, and Water CIP FY 00-01. RECOMMENDATION: Staff recommends approval of the motion as presented. '.~n~el R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Kostoryz Road Background Information and Location Map Exhibit"B" Airline Road Background Information and Location Map Exhibit"C" McArdle Road, Phase 1 Background Information and Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Kostoryz Road Improvements Project (Holly Road to Saratoga Boulevard) Project No. 6068 PRIOR COUNCIL ACTION: 1. October 1995 - Adoption of the FY 95-96 Capital Budget which included $440,000 for the City's participation with the Texas Department of Transportation (TxDOT) for the engineering, acquisition of right-of-way, and street improvements to Kostoryz Road between Holly Road and a point south of Saratoga Boulevard. 2. December 1995 - Issuance of Series 1995 Certificates of Obligation for several street improvements including Kostoryz Road. 3. November 1996 - Endorsement of the Staff's recommended changes to the Kostoryz Road project, eliminating improvements to the section of Kostoryz Road 0.25 miles south of Saratoga Boulevard. 4. January 1997 - Appropriation of $80,000 from the TxDOT for estimated reimbursement to the City for Kostoryz Road right-of-way acquisition costs. 5. January 1997 - Authorization of an agreement with the State of Texas setting forth responsibilities for engineering and acquisition of ROW for proposed improvements to Kostoryz Road between Holly Road and Saratoga Boulevard and authorizing the deposit of $27,200. 6. December 21, 1999 - Award of a construction contract in the amt. of $1,210,654.80 to Reese Contracting, Inc. for the Kostoryz Road Utilities Adjustment - Holly Road to Saratoga Blvd. 7. January 11,2000 - Acquisition of Parcel No. 3 located on the west side of Kostoryz Road between Masterson Street and Crestwater Drive for $49,500 (M2000-004). 8. March 7, 2000 - Resolution of Statement Expressing Official Intent to Reimburse Costs of Kostoryz Road Improvements (Holly Road to Saratoga Boulevard) (Resolution No. 023967). 9. March 7, 2000 - Ordinance appropriating $239,450 from the Unreserved Fund Balance in the Combined Utility Systems Fund; transferring and appropriating - $78,484 in the No. 3480 Stormwater CIP Fund for the Kostoryz Road Improvements Project; loaning and appropriating $160,966 in the No. 3539 Street Capital Improvements Project 2000 (CO) Bond Fund for the City's share of the State's Kostoryz Road Improvements Project, to be reimbursed to the Combined Utility Systems Fund at 6.16% interest; amending the FY99-00 Budget, adopted by Ordinance No. 023702, by adding $239,450 to the Combined Utility Systems Fund; amending the FY99-00 Capital Budget, adopted by Ordinance No. 023703, by adding $78,484 to the Stormwater ClP Fund and $160,966 to the Street CIP Fund; and declaring an emergency (Ordinance No. 023968). IEXHIBIT 'A' I Page 1 of 3 PRIOR COUNCIL ACTION: (Continued) 10. March 7, 2000 - Resolution authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $698,377.77 for the construction of roadway improvements associated with the Kostoryz Road Improvements (Holly Road to Saratoga Boulevard) (Resolution No. 023969). 11. March 7, 2000 - Ordinance amending Ordinance No. 023879, adopted on December 21, 1999, which appropriated $728,834 from the Unreserved Fund Balance in the Combined Utility Systems Fund, for the purpose of clarification only, by substituting Section 2, deleting the word "transferring" and replacing it with the word "loaning;" and declaring an emergency (Ordinance No. 023970). FUTURE COUNCIL ACTION: 1. Additional increases in escrow funds may be necessary as project proceeds to completion. BACKGROUND: Additional escrow funds are required to be paid to TXDOT as a result of higher bid prices received for roadway, fiber optic conduit, street light conduit and additional box culvert crossing at the Carroll Lane Drainage Channel requested by the ~ity. The cost for the fiber optic conduit was distributed equally in street, storm water, wastewater, and water funds. The increase in escrow funds is also attributed to a change order resulting from the need to level up the existing edge of pavement to allow the installation of a concrete traffic barrier dudng construction. This project is approximately 17% complete and is scheduled for completion in March 2002. FUNDING: Funding is available in the Street, Storm Water, Wastewater, and Water CIP FY 00-01. I EXHIBIT 'A" Page 2 of 3 \ Mproject \ councilexhibits \ exh6068o.dwg Son Potricio County NUECES ~AY CORPUS CHRISTI BAY AGNES Kostoryz Road Improvemen ts NAS LOCATION MAP NOT TO SCALE ~ PO/Nl' N PROJECT No. 6068 VICINITY MAP NOT TO SCALE Kostocyz Road Improvements (from Holly Rd. to Saratoga Blvd.) CITY OF CORPUS CHRISTI, TEXAS EXHIBIT "A" CITY COUNCIL EXHIBIT OEPARTMENT OF ENGINEERING SERVICES PAGE: 3 ol= 3 DATE: 5/16/2001 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Aidine Road Improvements Project, Phase 2 from Wooldridge Road to Saratoga Boulevard (Project No. 6055) PRIOR COUNCIL ACTION: 1. July 25, 2000 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 5 to increase the escrow amount with the Texas Department of Transportation in the amount of $151,673.61 for the replacement of existing multiple box culverts as part of the Airline Road Improvements, Phase 2 construction contract in accordance with the Advanced Funding Agreement. 2. Au.qust 31, 1999 - Resolution authorizing the City Manager, or his designee, to execute the 1988-1992 Urban System/Principal Arterial Street System (PASS) Program Advance Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $164,260 for roadway construction associated with the Airline Road Improvements Project, Phase 2 from Wooldridge Road to Saratoga Boulevard (Resolution No. 023751 ). 3. March 30, 1999 - Motion authorizing the City Manager, or his designee, to execute a construction contract with W.T. Young Construction Co. in the amount of $873,045.50 for the Airline road Phase 2 (VVooldridge Road to Saratoga Blvd.) Utilities Adjustments- FY 98-99 project. (M99-091). 4. This project phase had a history of property acquistion extending back to 1987. Eleven parcels were acquired for Phase 2 during the period of 1987 to 1989. Four additional parcels were acquired between June 10,1997 to December 9, 1997. PRIOR ADMINISTRATIVE ACTION: 1. May 29, 1996 -- Award of a contract in the amount of $14,800 to Oliveira Land Surveying Company for surveying services associated with the Airline Road Improvements, Phase 2. 2. June 5, 2000 -- Award of a contract in the amount of $4,625 to Oliveira Land Surveying Company for surveying services associated with the Airline Road Improvements, Phase 2. FUTURE COUNCIL ACTION: 1. Additional increases in escrow funds may be necessary as project proceeds to completion. BACKGROUND: Additional escrow funds is required to be paid to TXDOT as a result of bid prices coming in higher than expected and in addition to the five (5) change orders resulting from utility conflicts. This project is approximately 79% complete and is scheduled for completion in July 2001. FUNDING: Funding is available in the Street and Storm Water CIP FY 00-01. EXHIBIT Page 1 of 2 File : \Mproject\councilexhibits\exh6055.dwg SAUL KRISTIN DR. FITZHUGH DRAINAGE CHANNEl VICINITY MAP NOT TO SCALE DRAINAGE CHANNEL PROJECT LOCATION LANE SARATOGA BL VD. LOCATION MAP NOT TO SCALE CITY PROJECT No. 6055 EXHIBIT "B" AIRLINE ROAD IMPROVEMENTS PHASE 2 CITY OF CORPUS CHRISTI. TEXAS CITY COUNCIL EXHIBIT DE~R~ENTOFENGIN~RINGSERVICES PAGE: 2 of 2 ~: 5-8-2001 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: McArdle Road, Phase 1 Improvements (Weber Road to Everhart Road) Project No. 6013 PRIOR COUNCIL ACTION: 1. November 26, 1996 - Amendment to the 1997 Annual Element of the FY 1998-2000 Transportation Improvement Program (TIP) (Motion No. M96-364). 2. November 10, 1998 - Approval of the FY98-99 Capital Budget (Ordinance No. 023474). 3. January 12, 1999 - Resolution authorizing the City Manager to execute an Advanced Funding Agreement with TXDOT in the estimated amount of $995,700 for preliminary engineering services and reconstruction of roadway improvements and utility relocations associated with the McArdle Road Improvements - Phase 1 project, (Resolution No. 023521). July 27, 1999 - Resolution endorsing recommended amendments to the Approved FY 2000-2002 TIP, which increased the federal and local matching funds from an estimated $1,900,000 to $2,587,800 (Resolution No. 023712). 5. February 22, 2000 - Resolution authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Advanced Funding Agreement with the Texas Department of Transportation, in the estimated amount of $139,663.74, for construction of the McArdle Road, Phase 1 Improvements (Everhart Road to Weber Road) and associated drainage work (Resolution No. 023950). FUTURE COUNCIL ACTION: 1. Additional increases in escrow funds may be necessary as project proceeds to completion. BACKGROUND: Additional escrow funds are required to be paid to TXDOT as a result of higher bid pdces in the roadway items, fiber optic and street light conduit items and change order to modify the pedestrian curb ramp design within the terms of the Advanced Funding Agreement. McArdle Road, Phase 1 Project is approximately 56% complete and is scheduled for completion in January 2003. FUNDING: Funding is available in the Street CIP FY 00-01. IEXHIBIT Page 1 of 2 Streets \ Exhib~ts \ exh 6013.dw9 PROJECT No. 6013 LOCATION MAP NOT TO SCALE EXHr_BT_ T "C" McArdle Road Everhart to Weber - Phase ClX OF CORPUS CHRISTI, ~S CITY COUNCr_L EXHIBIT OEPARTM£NT OF ENGINEERING SERVICES PAGE: 2 ol= 2 DATE: 5/8/200 ! 5 AGENDA MEMORANDUM DATE: May 22, 2001 SUBJECT: Oso Water Reclamation Plant Yard Piping Replacement Change Order #2 - Rehabilitation of a sewer line AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 2 with Insituform Technologies, Inc. for a total fee not to exceed $46,480.00, for a total restated fee not to exceed $341,340.00 for sewer line rehabilitation. ISSUE: The 12- inch V.C.P. that was cleaned and televised under Change Order No. 1 was found to be in a state of potential imminent collapse. If it collapses, service to TAMU- CC could be shut down. FUNDING: Funds to finance the proposed project are available in the FY 2000-2001 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell, Wastewater Superintendent 'Angel R. Escobar, P'.E. Director of Engineering Services Additional Support Material: Exhibit "A" Agenda Background Material Exhibit "B" Location Map Exhibit "C Change Order Summary AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Oso Water Reclamation Plant Yard Piping Replacement Change Order #2 - Rehabilitation of a sewer line PRIOR COUNCIL ACTION: to March 20, 2001 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Insituform Technologies, Inc. for a total fee not to exceed $273,460 for the Oso Water Reclamation Plant Yard Piping Replacement. PRIOR ADMINISTRATIVE ACTION: April 16, 2001 - Approval of Change Order No. 1 in the amount of $21,400.00 for cleaning and televising of 830 I.f. of 12-inch sewer line. FUTURE COUNCIL ACTION: Nothing anticipated. PROJECT DESCRIPTION: This change order will provide for the additional cleaning, television inspection, installation of CIPP (Cured-In-Place-Pipe) liner and re-televising of 803 I.f. of 12-inch sewer line that services TAMU-CC to prevent line cave-in. IEXHIBIT "A" [ Page 1 of 1 PROJECT LIMITS COUNTRY CLUB DR CIP PROJECT No. 7207 LOCATION MAP EXHIBIT "B" OSO Water Reclamation Plant Yard Piping Replacement CHANGE ORDER NO. 2 City of Comus Chdsti, Texos CITY COUNCIL EXHIBIT DEPARTMENT OF EN~NEERING SERWCE~ PAGE: I of 1 DATE: 05-23-2001 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET May 14, 2001 PROJECT: OSO WATER RECLAMATION PLANT YARD PIPING REPLACEMENT PROJECT NO: 7207 APPROVED: City Council on 3/20/01 - Motion No. M2001-109 CONTRACTOR: Insituform 702 Spirit 40 Park Drive Chesterfield, MO 63005 TOTAL CONTRACT AMOUNT ..... 25% Limit Amount .............. Change Order No. 1 (4/16/01) ........... Change Order No. 2 (5/8/01) ............ Total ............................ $273,460.00 68,365.00 21,400.00 46,480.00 67,880.00 = 24.82% < 25% EXHIBIT" Page I of 6 AGENDA MEMORANDUM May 21,2001 SUBJECT: Corpus Christi Airport Terminal Construction Program #1071 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 12 in the amount of $38,618.74 with Fulton Construction/Coastcon, Inc. A Joint Venture for the Corpus Christi International Airport Terminal Construction project. ISSUE: Historical plans of the foundation underneath the old restaurant and commissary does not reflect the actual construction which requires additional excavation, piers and grade beams to be installed to support the concourse construction. FUNDING: Funds for this project are available Passenger Facility Charges, FAA Grants and the Aviation Water Capital Projects Fund. RECOMMENDATION: Approval of the motion as presented. ~:~.l~,ngel R. Escobar, P.E. ~ Director of Engineering Services Additional Su_o_~ort Material Exhibit A: Background Information Exhibit B: Prior Council/Administrative Actions Exhibit C: Project Budget Exhibit D: Location Map Page 1 of 1 H:\HOME\KEVINS\GEN~AIR\NEWTERM\^CO 12.M BACKGROUNDINFORMATION ADDITIONAL INFORMATION: The new terminal and concourse was designed to utilize the existing foundation piers and grade beams whenever possible. This was done for cost reasons to minimized the installation of new piers and grade beams while avoiding additional excavation and demolition. Historical foundation plans were used to design the new terminal and concourse foundation, The actual location of the existing foundation piers and grade beams could not be determined in advance of demolition of the old Terminal. The proposed change order will adapt the foundation plans to provide the additional piers and grade beams necessary to address the actual site conditions. The proposed changes will not affect other portions of the terminal design or project schedule. BOARD/COMMITTEE REVIEW: The Airport Board was advised individually of the change order. H:\HOM E\KEVIN S\GE N~AI R\N EWTERM\^chgorder 12bkg.doc EXHIBIT Page 1 of 1 PRIOR COUNCIL ACTIONS August 251 1998 - Resolution approving the financial feasibility plan to fund the five-year capital improvement program for CCIA including the terminal reconstruction program. (Res. 023426) March 30, 1999 - Approval of recommended Terminal Reconstruction and Landside Development concept at CCIA. (M99-089) April 20, 1999 - Motion to authorize City Manager to execute a contract for architectural/engineering services with M. Arthur Gensler Jr. and Associates in the amount of $2,225,000 for the CCIA Terminal Building. (M99-105) July 20, 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 CIP Guide which included Airport Project No. 1, Terminal Building Reconstruction, Airport Project No. 2, Terminal Apron Construction, and Wastewater Project No. 22, Airport Lift Station Relocation. (Ord. No. 023703). December 21, 1999 - Approval of the Terminal Design Concept as presented by the Gensler Team. January 25, 2000 ~ Motion to authorize City Manager to execute Amendment No. 1 to the architectural/engineering services contract with M. Arthur Gens[er, Jr. and Associates, Inc. in the amount of $72,095 related to the airport automated access control system (AACS) and closed- circuit television (CCTV) system for the Terminal Reconstruction project. (M2000-027) February 23, 2000 - Motion to authorize City Manager to execute a construction contract in the amount of $1,575,000 with B. E. Beecroft Company, Inc. for temporary facilities for the Terminal Reconstruction Program. (M2000~66) May 23, 2000 - Motion authorizing the City Manager to execute Amendment No. 2 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $180,700 related to the terminal apron construction, terminal re-construction, and lift station relocation projects at Corpus Christi International Airport. (M2000-153) August 22, 2000 - Motion authorizing City Manager, or his designee, to execute a construction contract with Fulton/Coastcon in the amount of $16,472,000 for the Corpus Christi International Airport Terminal Construction project. (M2000-292) 10. November 21, 2000 - Motion authorizing the City Manager to execute Amendment No. 3 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $420,940 for the for the Corpus Christi International Airport Terminal Construction project (M2000-412). 11. November 21, 2000 - Motion authorizing the City Manager to execute a project liaison and inspection contract with AGCM, Inc. in the amount of $196,400 for the for the Corpus Christi · International Airport Terminal Construction project. (M2000-413). 12. November 21, 2000 - Motion authorizing the City Manager to execute Change Order No. 1 (construction by-pass) with Fulton/Coastcon in the amount of $56,026.58 for the Corpus Christi International Airport Terminal Construction project. (M2000-292). 13. April 24, 2001 - Motion authorizing the City Manager to execute Change Order No. 9 (concrete under concourse) with Fulton/Coastcon in the amount of $103,140.44 for the Corpus Christi International Airport Terminal Construction project. (M2001-154). PRIOR ADMINISTRATIVE ACTIONS 1. January 17, 2001 - Award of Change Order No. 2 in the amount of $24,071 to Fulton/Coastcon for temporary vestibules, air curtains, and lighting. H:\HOME~KEVINS~GEN~AIR\NEWTERM\^chgorder 12exhb.doc I EXHIBIT B Page 1 of 2 2. January 22, 2001 - Award of Change Order No. 3 in the amount of $19,121,55 to Fulton/Coastcon for temporary canopy. 3. January 23, 2001 - Award of Amendment No. 4 to M. Arthur Gensler and Associates in the amount of $14,000 for structural slab and double wall air handler units. 4. February 9, 2001 - Award of Change Order No. 4 in the amount of $11,921.16 to Fulton/Coastcon for various utility work, rerouting of conduits, and temporary speakers at curb-side. 5. February I4, 2001 - Award of Amendment No. 5 to M. Arthur Gensler and Associates in the amount of $14,920 for apron extension/access roads & terminal apron projects. (separate project) 6. February 16, 2001 - Award of Change Order No. 5 in the amount of $19,914.33 to Fulton/Coastcon for additional pedestrian tunnel support. 7. March 19, 2001 - Award of Change Order No. 6 in the amount of $15,672.70 to Fulton/Coastcon for storm drain repairs and removal, additional traffic markings and signage, and isolation of HVAC piping and controls. 8. March 29, 2001 - Award of Amendment No. 6 to M Arthur Gensler and Associates in the amount of $14,900 for design of additional escalators, voice paging, plastic laminate, and decorative mosaic tile. 9. March 30, 2001 - Award of Amendment No. 1 in the amount of $15,000 to AGCM, Inc. for additional inspection services. 10. April 2, 2001 - Award of Change Order No. 7 in the amount of $5,974.87 to Fulton/Coastcon for installation of piers for future installation of structural slab under the concourse. 11. April 13, 2001 - Award of Change Order No. 8 in the amount of $14,495.95 to Fulton/Coastcon for various electrical modifications and security alarms. 12. May 10, 2001 - Award of Change Order No. 10 in the amount of $19,340.74 to Fulton/Coastcon for building code addition and structural/mechanical modifications. 13. In process - Award of Change Order No. 11 in the amount of $22,253.97 Fulton/Coastcon for additional fill material and food court water meter relocation. H:\HOME\KEVINS\GEN~,IR\N EWTE RM\^chgorder 12exhb.doc EXHIBIT B Page 2 of 2 Project No. 1071 COST OF PROPOSED PROJECT AND SOURCES OF FUNDS TERMINAL CONSTRUCTION PROGRAM CORPUS CHRISTI INTERNATIONAL AIRPORT MAY 2001 FUNDS AVAILABLE (1): FAA AIP Grant 28 ......................................................................................................... Revenue Bond 2000 ....................................................................................................... Passenger Facility Charges ............................................................................................ Airport CIP Funds .......................................................................................................... Airport Capital Reserves (ineligibles) ........................................................................... Wastewater Capital Fund (Commercial Paper) ............................................................ TOTAL .......................................................................................................................... Preliminary 3,215,524 11,033,000 4,171,311 500,000 140,000 800,000 $19,859,835 FUNDS REOUIRED (3~: Total Construction Cost ................................................................................................. Contingency (9.9% of Original Construction Contract) ................................................ Change Orders No. 1 - 12 .............................................................................................. Wastewater Lift Station & Mains .................................................................................. Architectural/Engineering Design (Gensler) (3) ........................................................... Windstorm Peer Review ................................................................................................ Construction Inspection (AGCM) .................................................................................. Testing (QA) (included in A/E Amendment No. 3) ....................................................... Engineering Liaison and In-house Services (4) ............................................................. Finance Reimbursements (4) ......................................................................................... Printing, Advertising, FedEx, etc ................................................................................... TOTAL .......................................................................................................................... DIFFERENCE 16,472,000.00 1,550,742.97 350,553.03 711,300.00 449,840.00 1,000.00 211,400.00 0.00 65,000.00 28,000.00 20,000.00 $19,859,835 $0 (1) Project funded through Revenue Bond 2000, Airport CIP Funds, FAA AIP grants and Passenger Facility Charges. (2) Preliminary budget based on engineering estimate. (3) Architectural-Engineering (Gensler) contract previously encumbered & includes multiple projects in addition to Terminal. Amount shown is for the fee chargeable to these funds. Project Management (DMJM Aviation) contracts previously executed and encumbered within overall Terminal Reconstruction Project. (4) Ineligible for PFC Funding. H:\HOM E\KEVINS\G ENLn, IR\NEWTERM\^chgorder 12budget.doc L Exhibit Page 1 of 1 F~le : \Mproject\councilexhibits\exh1071oCOg. dwg San Patricio County N CORPUS CHRISTI BAY PROJECT LOCATION 1000 INTERNATIONAL DRIVE CORPUS CHRISTI, TEXAS LOCATION flAP NOT TO SCALE TERMINAL PARKING # RMINAL LANDING APRON BUILDING PROJECT LOCATION NOT TO SCALE CITY PROJECT No. 1071 CORPUS CHRISTI INTERNATIONAL AIRPORT TERMINAL CONSTRUCTION PROGRAB 2000 CHANGE ORDER NO. 9 FAA AlP 3-48-0051-28-00 CITY OF CORPUS CHRISTI, TEXAS EXHIBIT "D" CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 05-22-2001 7 CITY COUNCIL AGENDA MEMORANDUM Date: May 29, 2001 AGENDAITEM: Resolution authorizing the City Manager or his designee to submit a grant application to the U.S. Department of Housing and Urban Development in the amount of $400,000 for a Youthbuild grant to provide youth between the ages of 16-24 the opportunity to earn a GED, receive training in construction, and build homes for Iow-income families. ISSUE: Corpus Christi has a high dropout rate and needs to expand the supply of affordable housing for Iow-income persons. The City also has a short supply of skilled construction trade workers which is instrumental in expanding new home construction. This program will address these issues by providing an educational and training component for disadvantaged young adults who are either at-risk or high school dropouts. REQUIRED COUNCIL ACTION: The application requires approval from the governing body of the applicant. FUTURE COUNCIL ACTION: Acceptance of HUD funds and subsequent appropriation of the funds for the FY2001 Youthbuild Program. RECOMMENDATION: Staff recommends the City Council approves the submission of the Youthbuild Grant and authorize the City Manager or his designee to sign as the authorized representative for the City of Corpus Christi. W. Thomas Utter, Assistant City Manager ADDITIONAL SUPPORT MATERIAL Background Information [] AGENDA MEMORANDUM BACKGROUND INFORMATION The purpose of the Youthbuild Program is to provide education and employment skills through opportunities for meaningful work to 20 individuals who are economically disadvantaged or high school dropouts and are between the ages of 16-24. Within 18 months, students will receive on-site housing construction work experience and off-site academic classes, including job skills training, leadership development and supportive service. A major component of the academic classes will include instruction in preparing for attainment of a GED. Under the supervision of the Youthbuild Executive Director, students will build four homes to be purchased by Iow-income families. By building homes for Iow-income individuals, the program is addressing the need for affordable permanent housing in Corpus Christi for Iow-income persons. First-year grant recipients are limited to enrolling up to 20 students in the program. Grant applications for sustaining the program in upcoming years allows for additional student participation. First-year grant recipients are also limited to apply for funding up to $400,000. Youth build grants to sustain the program in subsequent years are available up to $800,000. Community partners include: Turning Point Counseling Services, Workforce Network, Corpus Christi Independent School District, Minority Business Opportunity Committee, Hispanic Contractors Association, Frost Bank and Wells Fargo Bank. /jad/h/rnboc/01 youthbuildapp RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE AMOUNT OF $400,000 FOR A YOUTHBUILD GRANT TO PROVIDE YOUTH BETVVEEN THE AGES OF 16-24 THE OPPORTUNITY TO EARN A GED, RECEIVE TRAINING IN CONSTRUCTION, AND BUILD HOMES FOR LOW-INCOME FAMILIES NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a grant application to the U.S. Department of Housing and Urban Development in the amount of $400,000 for a Youthbuild grant to provide youth between the ages of 16-24 the opportunity to earn a GED, receive training in construction, and build homes for Iow- income families. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 21stday of May, 2001. James R. Bray Jr. City Attorney_,, First Assistant City Attorney Samuel L. Neal, Jr. Mayor R14020A1 doc 8 ORDINANCE STATUS AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a lease terminating September 30, 2001, with an option to renew annually through September 30, 2015 with the U.S. Department of Transportation, Federal Aviation Administration ("FAA") Granting the Lease of 0.209 acre tract, a 0.029 acre tract, and a 15-foot utility easement, constituting a portion of OveHand Meadows Park, for the establishment and maintenance of the Runway 13 Outer Marker, in consideration for the FAA maintaining the leased premises; providing for publication. FIRST READING: April 17, 2001 Passed: 9-0 (passed unanimously) FINAL READING: May 29, 2001 COMMENTS: (None) CITY COUNCIL AGENDA MEMORANDUM DATE: April 17, 2001 AGENDA ITEM: A. Resolution: That the City Council of the City of Corpus Christi finds that the portions of Overland Meadows Park, which were previously designated as parkland, are needed for the establishment of the Runway 13 Outer Marker. The City Council specifically finds that there is no feasible and prudent alternative to the use of taking of the land for this purpose, and all reasonable planning efforts have been made to minimize harm to the land, as a park, resulting from the use or taking. B. Ordinance: Authorizing City Manager, or designee, to execute Lease No. DTFA07-01- L00380 terminating September 30, 2001, with an option to renew annually through September 30, 2015 with the U. S. Depaxtanent of Transportation, Federal Aviation Administration, ("FAA") granting the lease of a 0.209 acre tract, a 0.029 acre tract, and a 15 Foot utility easement, constituting a portion of Overland Meadows Park, for the establishment and maintenance of the Runway 13 Outer Marker, in consideration for the FAA maintaining the lease premises; providing for publication. ISSUE: The Federal Government has an operation need to lease a total of .0238 acres of City land for the operation and maintenance of a navigational beacon that is essential to the operation of aircraft. REQUIRED COUNCIL ACTION: Council must approve Lease Agreements. RECOMMENDATION: Staff recommends approval of the Lease Agreement as submitted. · · Dave Hamrick Acting Director of Aviation Additional Support Material Background Information [] Contract Summary. Fl Ordinance/Resolution 12 Map(s) ~ 97 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION April 17, 2001 BACKGROUND: The Federal Aviation Administration (FAA) has operated the Runway 13 Outer Marker at this site since before the land was don~[ed to the City. Since the City acquired the property on which this facility sits, it has com[;~ously been under lease to the FAA. This site and related equipment is essential to the F~.'s ability to provide instrument landing approach services to the users of the airport. This is a "no cost" lease in return for the FAA continuing to provide the required services. IEXHIBIT A Page 1 of 1 98 TO: FROM: DATE: RE: Armando Chapa, Cit'j Secretary Dave Hamrick, Acting Aviation Director March 14, 2001 Publication of notice of public hearing on proposed taking of protected land. The following notice needs to nm in the Caller Times three weeks consecutively on the following . dates: Tuesday, March 27, 2001, l'uesaay, April .5, 2001, and Tuesaay, Apnl lO, ZOOl. The notice should read: "The City Council, City of Corpus Christi, will hold a public hearing on Tuesday, April 17, 2001, during the regularly scheduled City Council meeting, which begins at 2:00 p.m., to determine wether portions of City parkland at Overland Meadows Park, Corpus Christi, Texas, should be used for the establishment of the Runway 13 Outer Marker by the Federal Aviation Administration within the City parkland area. The public hearing is being held under the provisions of§§ 26.001 and 26.002, Texas Parks & Wildlife Code." For your information, I've attached a copy of the memo that is going to Council members in the March 16, 2001 City Manager's packet. Thanks for your help. Cc: Bryn Meredith, Assistant City Attorney 99 100 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A LEASE TERMINATING SEPTEMBER 30, 2001, WITH AN OPTION TO RENEW ANNUALLY THROUGH SEPTEMBER 30, 2015 WITH THE U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION ("FAA") GRANTING THE LEASE OF A 0.209 ACRE TRACT, A 0.029 ACRE TRACT, AND A 15 FOOT UTILITY EASEMENT, CONSTITUTING A PORTION OF OVERLAND MEADOWS PARK, FOR THE ESTABLISHMENT AND MAINTENANCE OF THE RUNWAY 13 OUTER MARKER, IN CONSIDERATION FOR THE FAA MAINTAINING THE LEASED pREMISES; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager. or his designee, is hereby authorized to execute a lease terminatinc' September 30 '~001 with an option to renew annuallv through September _~0. _01 ~ w~th the U.S. Department of Transportation. Federal Aviation Administration ("FAA") granting the lease of a 0.209 acre tract, a 0.029 acre tract, and a 15 foot utility easement, constituting a portion of Overland Meadows Park. for the establishment and maintenance of the Runway 13 Outer Marker. in consideration for the FAA maintaining the leased premises. A copy of the lease is on file with the City Secretary. SECTION 2. /he lease is to begin on the 61s~ day after Ci~ Council approval. SECTION 3. Publication will be made in the official publication of the CiD' of Corpus Christi as required by the City. Charter of the City of Corpus Christi. BmordO0131 102 9 ORDINANCE STATUS AGENDA ITEM: Ordinance authorizing the City Manager or his designee to execute a five-year lease agreement with the Corpus Christi Police Officer's Association ("CCPOA") to lease the Centennial Museum for the purpose of operating a youth athletic/boxing program ("program") in consideration for CCPOA ensuring that access to and participation in the program remains open to the general public; providing for publication. FIRST READING: April 24, 2001 Passed: 9-0 (passed unanimously) FINAL READING: May 29, 2001 COMMENTS: (None) CITY COUNCIL AGENDA MEMORANDUM Date: April 2001 AGENDA ITEM: Ordinance authorizing the City Manager or his designee, to execute a five-year lease agreement with the Corpus Christi Police Officers' Association (~CCPOA") to lease the Centennial Museum for the purpose of operating a youth athletic/boxing program (=Program') in consideration for CCPOA ensuring that access to and participation in the Program remains open to the general public; providing for publication. ISSUE: The Association has been using the building since 1984 and is requesting a five-year lease with the City. The Association is in good standing with the Park & Recreation Department. REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases. BOARD/COMMITTEE REVlEVV: The Park & Recreation Advisory Board recommended approval of the lease. RECOMMENDATION: The staff recommends that the five-year lease with Corpus Christi Police Officers' Association for the use of building at 902 Park Avenue in South Bluff Park known as the Centennial Museum to provide youth boxing programs be approved. Marco A. Cisneros, Director of Park & Recreation ADDITIONAL SUPPORT MATERIAL Background Information x Lease Summary x Ordinance/Resolution x Map(s) x AGENDA MEMORANDUM BACKGROUND INFORMATION BACKGROUND: The building at 902 Park Avenue is also known as Centennial Museum and is in South Bluff Park. The Corpus Chdsfi Police Officers' Association is requesting a five-year lease for the use of the building for the operation of a youth boxing program. The Association's Boxing Club has used the property since1984. The Club sponsors boxing programs for youth of all ages and adults up to 30 years of age. Currently the Club has over 40 members attending programs. The training and the programs are free and the gym is open Monday through Fdday from 5:30 p.m. to 8:00 p.m. There is a one-time fee of $35.00 to join. The Association holds an annual fund-raiser requests random donations AGENDA MEMORANDUM LEASE SUMMARY The contract is for a t'n/e-year lease between the City and the Corpus Chdsti Police Officers' Association (Lessee) for the use of the building at 902 Park Avenue in South Bluff Park also known as the Centennial Museum. In consideration for the use of the building, the Association will provide youth boxing programs and the year-round maintenance of the promises Lessee agroes to maintain the property in a clean and sanitary condition on a year-round basis. Maintenance shall include litter pickup, mowing of promises, and keeping the fences, restrooms, and parking aroas in a good state of repair. Grass shall not exceed 6' in height. Lessee shall have exclusive control of the property dudng its use for youth boxing programs. Lessee will pay for all utilities. Lessee shall maintain general liability insurance and indemnify the City from any liability, damage, loss, and claims. Either party may terminate the agroement with six months notice to the other. Lessee shall not discriminate on the grounds of race, sex, croed, disability, or national odgin. Consideration for the lease is the maintenance of the facility and premises as well as the providing of youth sports programs to the community. PARKING AGNES ST. sOUTH BLUFF pARK AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE YEAR LEASE AGREEMENT WITH THE CORPUS CHRISTI POLICE OFFICER'S ASSOCIATION ("CCPOA") TO LEASE THE CENTENNIAL MUSEUM FOR THE PURPOSE OF OPERATING A YOUTH ATHLETIC/BOXING PROGRAM ("PROGRAM") IN CONSIDERATION FOR CCPOA ENSURING THAT ACCESS TO AND PARTICIPATION IN THE PROGRAM REMAINS OPEN TO THE GENERAL PUBLIC; PROVIDING FOR PUBLICATION. 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 the Corpus Christi Police Officer's Association ("CCPOA~") to lease the Centennial Museum for the purpose of operating a Youth Athletic/Boxing Program ("Program") in consideration for CCPOA ensuring that access to and participation in the Program remains open to the general public. A copy of the lease is on file with the City Secretary. SECTION 2. 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. Bmord01 010 10 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION May 21, 2001 AGENDA ITEM: A public hearing will be held May 29, 2001 by the Corpus Christi City Council on the annual budget adopted by the Corpus Christi Crime Control and Prevention District Board of Directors. The public hearing will be held during the regular City Council meeting which commences at 2:00 PM, in City Council Chambers, First Floor, City Hall, 1201 Leopard, Corpus Christi, Texas. Any resident of the District is entitled to be present and participate at the hearing. A copy of the proposed budget may be obtained in the office of the Corpus Christi City Secretary. CITY STAFF available to answer questions Name Title 1. P. Alvarez, Jr. Chief of Police 2. Pat P.Eldridge Management Asst 3. Mark McDaniel Director Dept/Division Police Police Mgt and Budget OUTSIDE INDIVIDUALS available to answer questions Name Title/Position Organization 1. Leon Loeb Chairman Crime Control Board 2. 3. ISSUE: By State statute, the City Council is required to hold a public hearing on the Crime Control and Prevention District adopted FY 2001/02 budget no later than the 45th day before the fiscal year begins. BACKGROUND: By State statute, the District is required to hold a public hearing on the proposed budget no later than the 100th day before the fiscal year begins and must adopt the budget no later than the 80th day before the fiscal year begins. The Board of Directors of the Crime Control and Prevention District held a public hearing on April 18 and adopted the budget that same day. The public hearing by the City Council was advertised in the Corpus Christi Caller Times on May 19 as required 10 days before the public hearing. The City Council must approve or reject the budget no later than the 30th day before the fiscal year begins (tentatively scheduled for June 19th). REQUIRED COUNCIL ACTION: None required. Chief of Police .Board of Directors Leon Loeb, President Isaac Valencia, Vice-President Danny Mora, Secretary Larry Baker Linda Bridges Eddie Gamez Adolfo Garza, Jr. John Heldenfels, Jr. W. L. Hermis Crime Control and Prevention District Corpus Christi, Texas P. O. Box 9016 Corpus Christ!, Texas 78469 April26,2001 Mayor Lloyd Neal Members of the Corpus Christi City Council P. O. Box 9277 Corpus Christi, Texas 78469 Dear Mayor and City Council Members: Attached is the Crime Control and Prevention District budget for fiscal year 2001/2002. The required public hearing was held on April 18 and the Board adopted the budget on the same day. By statute the District is required to deliver the budget to the City Council within 10 days of adoption. The City Council must now hold a public hearing on the adopted budget (tentatively scheduled for May 29, 2001) and approve or reject the budget on June 19, 2001. Sinc rely, Leon Loeb Chairman -T-of City of Corpus Christi Crime Control and Prevention District FY 2001/2002 Budget Public Hearing held April 18, 2001 Adopted by Crime Control and Prevention District Board of Directors April 18, 2001 3/23/2001 1:13 PM Crime Control & Prevention D,_ ..,ct 2 Additional Police Officers Ftes Estimated Ft 'is Proposed Res Forecast 00-01 2000-01 70jj.02 2001-02 02-03 2002-03 Salaries & Retirement 40 1,709,156 50 1,994,615 50 2,521,353 Overtime Salary & Retirement 113,728 166,616 153,990 56,109 71,119 3% COLA 276,214 320,270 326,942 Insurance 21,601 30,791 26,061 Clothing 6,000. 6,000 37,830 Minor Equipment 34,000 118,282 132,999 Fuel& Maintenance 118,956 Vehicles 7,242 Operational Costs Costs ForAdditionai Officers 40 2,160,699 50 2,818,881 50 3,270,293 Schedule Of Officer Additions: Continue Funding Existing UHP (COPS Ahead Officers) 10 Additional Officers -July 1999 5 Additional Officers - February 2000 15 Additional Officers -July 2000 10 Additional Officers -April 2002 10 Totat Officers 50 2 3123/200% 1:13 PM M 3/23/200. 1:13 PM Crime Control & Preventlui 1, District Support Personnel Res Estimated Res Proposed Ftes Forecast 00-01 2000-01 01-02 2001-02 02-03 2002-03 Salaries & Retirement for following: 444,472 Public Safety Dispatchers Crime Scene Technician 1 Office Assistant It Office Assistant 111 10 4 2 2 8 2 2 2 219,081 47,188 43,482 42,600 8 2 2 2 219,081 47,188 43,482 42,600 Systems Coordinator 1 1 36,027 1 36,027 Vacancy Savings Overtime Costs 19,809 (26,141) 11,194 (26,141) 11,754 Insurance Operational Costs 127,578100,882 6,190 9,086 100,882 8,047 Costs For Support Personnel 19 598,049 15 483,398 15 482,919 Estimates includes costs for 17 FTES 3 3/23/206 . 1:13 PM u 4 3/23/200. 1:13 PM Crime Control & Prevention District Pawn Shop Detail Fte Estimated Fte Proposed Fte Forecast 00-01 2000-01 01-02 2001-02 02-03 2002-03 Salaries & Retirement: Office Assistant II 3 66,659 3 66,203 3 66,203 Vacancy Savings Overtime Costs 44 1,990 2,089 Insurance 20,179 17,239 17,239 Operational Costs Equipment Costs Costs For Pawn Shop Detail 3 86,882 3 85,432 3 85,531 Crime Control & Prevention District Legal Advisor Ftes Estimated Res Proposed Res Forecast 00-01 2000-01 2Jan 2001-02 2002-03 Attorney 11 Insurance 1 55,125 1 6,726 54,957 4,621 1 54,957 4,621 Operational costs 211 Cost for Legal Advisor 1 62,062 1 59,579 1 59,579 3/23/201. 1:13 PM Crime Control & Preventio.. aistrict MDT/AVL Technical Support Fte Estimated Fte Proposed Fte Forecast 00/01 2000-01 01/02 2001-02 02/03 2002-03 Salaries & Retirement: 90,439 Computer Operator III 1 1 43,184 1 43,184 Systems Analyst 1 1 46,702 1 46,702 Overtime Costs 125 4,162 4,370 Insurance 13,453 11,351 11,351 Operational Costs 499 500 Equipment Expansion Of MDT / AVL - Investigative Staff Costs For MDT/AVL 2 104,516 2 105,399 2 106,107 3/23/200. 1:18 PM I Schooltosts For police Partnership U23/200, 1:21 PM 1 1 Crime Control & Prevention District Citizen Advisory Councils Estimated Proposed Forecast 2000-01 2001-02 2002-03 Operational Costs 9,000 50,000 50,000 Costs For Citizen Advisory Councils 9,000 50,000 50,000 8 3/23/200 1:19 PM 0 Crime Control & Prevention District Public Safety Vehicles &Equipment Estimated!roposed Forecast 2000-01 2001-02 2002-0 3 Addt'i Prisoner Transport Vehicle 3-Addt'I Marked Vehicles for DPU 99,000 5 - Addt'I Marked Vehicles 7 - Addt'I Marked Vehicles 16 - Marked Vehicles - Repl. 10 - Unmarked Vehicles - Repl. T- Crime Scene Van - Repl. 4 - Addt'I Crime Scene Van 4,800 1 -Van for Canine Division 1 -Community Policing Van 75,000 Upgrade existing Dare Units Video imaging System & Maint 88,000 8,500 19,000 19,000 3 - Motor Scooters Costs Vehicles & Equipment 8,500285,800 19,000 9 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Seawall Reconstruction Project Presentation and Overview May 25, 2001 CITY STAFF PRESENTER(S): Name Title 1. 'Angel R. Escobar, P.E. Director 2. Kevin Stowers Acting Assistant Director Dept/Division Engineering Services Engineering Services OUTSIDE PRESENTER(S): Name Jeff Massengill, P.E. Title/Position Organization Exec. V. P./Project Manager Shiner Moseley & Assoc. ISSUE: The condition of the Seawall requires a major rehabilitation. The project represents a major undertaking, and Council is being requested to approve the engineering and geotechnical/materials testing contracts for the first of four construction contracts as a related agenda item. BACKGROUND: The City completed a comprehensive investigation of the condition of the Seawall in 1999. Voters approved reconstruction of the Seawall during the November, 2000 election. The presentation slides are attached in a bound booklet to the agenda book. REQUIRED COUNCIL ACTION: Approval of contracts for engineering services and geotechnical/matedals testing to prepare plans, specifications, bid and contract documents required to award a construction contract. 'Angel R. Escobar, P.E. Director of Engineering Services Attachment: Presentation Slides Booklet 12 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION Date: May 22, 2001 AGENDA ITEM: Presentation of suggested revisions to the City ordinance governing the re-naming of public streets. CITY STAFF PRESENTORS: Name Title 1. Armando Chapa City Secretary 2. David Seller City Traffic Engineer Dept / Division City Secretary Office Engineering Services/Traffic Engineering ISSUE: The City Council has requested Staff to explore possible revisions to the City's process for renaming City streets. The current procedure (established by ordinance in 1969 with revisions in 1974 and 1988) normally results in a significant burden placed on City staff to process the street renaming application and to perform time-consuming research work on affected properties. The street renaming application fee is not commensurate with the Staff's work. In addition, the current procedure generally results in a process by which the City Council performs a public hearing without having good advance survey information on the amount of support and opposition for the proposed street renaming. BACKGROUND: In March, 1994, the City Council passed a resolution establishing a policy of declining to change the names of streets in the city except under unusual, extenuating circumstances. Although this policy was generally intended to discourage the renaming of City streets, the Council has conducted a number of pubic hearings on street renaming proposals, as required by the current City ordinance, to receive public input. A few of these public hearings have been controversial (e.g., proposal to rename Agnes Street to Cesar Chavez Highway and Belden Street to Concrete Street). Several have been well supported (e.g., F.M. 624 to Northwest Boulevard). However, nearly all renaming proposals have placed a significant burden on the City staff to perform the necessary field surveys on impacted properties, undertake research work for historical background, and to prepare notices for the Council's required public hearings. Current Ordinance Requirements: The current ordinance intends to place the burden of providing information on affected properties and support for the renaming proposal, but in actuality provides a Iow cost alternative to avoid having to supply this information. The main requirements of the current ordinance are: 1. Application must be made by person or persons who reside or own property on the street in question. 2. Application must include a description of street section and list of all owners and/or tenants whose residence or place of business is on the street affected by the proposed re-naming including an acknowledgment of their support for the proposal. 3. In the absence of evidence identifying full support of affected properties, applicant is allowed to pay $25 fee accompanying the application to cover the City's cost of (Street Renaming Process, Page I of 2) preparing notices, publishing the notices, and mailing the notice to those property owners and tenants not signed to the application. Suggested Revisions: Staff has prepared suggested revisions to the street renaming ordinance including a sequence of activities for examining the merits of street re-naming proposals, researching the impact of the proposal, providing the Council with more accurate information of support of re-naming proposal, and providing for fees to applicants commensurate with the Staff's time to administer the process. Following is an abbreviated summary of the suggested revisions: Application Process: 1. Staff will validate proposal to be in conformance with a revised Council policy 2. Applicant to pay a "research fee" to cover the City staff's expenses for researching the number of affected properties and identification of property owners to be surveyed 3. Applicant to pay a "processing fee" to cover the Staff's expense of mailing and validating survey of property owners, and publishing legal notices. Survey Process: 1. Property owners surveyed 2, Staff compiles survey results to ascertain a support level exceeding 50% Approval Process: 1. With support level exceeding 50%, Staff conducts departmental review and contact of other affected agencies 2. Public hearing scheduled and notice published 3. Approval requires three-quarter (3/4) Council approval REQUIRED COUNCIL ACTION: Council is requested to direct Staff on further action on this matter, including development of an ordinance to bring back to Council. ! '/~'e( I~. Escol~ar; P.E. 43i~ector of Engineering Services (Street Renaming Process, Page 2 of 2) 13 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Overview of Proposed FY 01-02 Budget May 22, 2001 CITY STAFF PRESENTER(S): Name Title Mark L. McDaniel Director of Management and Budget ISSUE: The Charter requires the City Manager to submit a budget proposal to the Council at least 60 days prior to the beginning of the fiscal year. REQUIRED COUNCIL ACTION: No formal action is required at this time. This initial presentation will include a general overview of FY2001-02 proposed revenues and expenditures, and subsequent presentations/workshops will include an overview of individual funds. The Council is scheduled to adopt the FY2001-02 Annual Budget on July 10~ and 17th . Mark L. McDaniel Director of Management and Budget 14 AGENDA MEMORANDUM May 25, 2001 AGENDAITEM: An Ordinance advancing $257,000 from the No. 3480 Storm Water CIP Fund, advancing $354,000 from the No. 4080 Water CIP Fund, and adv.ancing $54,000 from the No. 3280 Park CIP Fund, to and appropriating in the No. 3270 Seawall CIP Fund to begin the Seawall Repairs project approved in the special election on November 7, 2000; to be reimbursed with interest; amending Ordinance Number 024162 which adopted the FY2000-01 Capital Budget by adding $665,000 to the No. 3270 Seawall CIP Fund; and declaring an emergency. An Ordinance rescinding Ordinance No.024366 which appropriated $900,000 from the Seawall Improvements Fund; and which transferred $900,000 to and appropriated in the No. 3270 Seawall CI~ Fund; and declaring an emergency. ISSUE: Sales tax revenues were appropriated to fired the initialization of the Seawall Improvement projects, however, it may be necessary to reserve current sales tax receipts for pledge purposes. In order to begin the process, we have identified idle funding which can be used to temporarily fund these projects. FUNDING SOURCE: Excess funds are available from completed or postponed projects within the following CI? Funds for the following amounts: No. 3480 Storm Water CIP Fund: $257,000; No. 4080 Water CIP Fund: $354,000; and No. 3280 Park CIP Fund: $54,000, for a total of $665,000. These advances will be reimbursed with interest at the rate of 3.69% upon sale of the Seawall Improvement Bonds. PRIOR COUNCIL ACTION: November 7, 2000 - Special Election November 14, 2000 - Canvassed returns and declared election results. February 13, 2001 ~ Council approved ordinance appropriating sales tax revenues for Seawall Improvements. REQUIRED COUNCIL ACTION: Council approval is required to approve the advance/transfer of excess funds from cited CIP Funds for Seawall Improvements and appropriate in the Seawall CIP Fund, and to rescind the referenced ordinance. RECOMMENDATION: I recommend approval o£the Ordinances as stated above. edo cial Services Attachments: Background Information BACKGROUND INFORMATION On November 7, 2000, voters approved sales tax proposition: Proposition No. 4: Seawall Improvements The adoption of a sales and use tax for the promotion anal development of improvements to the downtown Seawall and for maintenance and operating costs of said Seawall improvements for the life thereof at the rate of one-eighth of one pement to be imposed for 25 years. A special revenue fund, Seawall Repairs Fund, has been established to report tax revenues collected for these projects. ORDINANCE ADVANCING $257,000 FROM THE NO. 3480 STORM WATER CIP FUND, ADVANCING $354,000 FROM THE NO. 4080 WATER CIP FUND, AND ADVANCING $54,000 FROM THE PARK CIP FUND TO AND APPROPRIATING IN THE NO. 3270 SEAWALL CIP FUND TO BEGIN THE SEAWALL REPAIRS PROJECT APPROVED IN THE SPECIAL ELECTION ON NOVEMBER 7, 2000; TO BE REIMBURSED WITH INTEREST; AMENDING ORDINANCE NO. 024162 WHICH ADOPTED THE FY2000-01 CAPITAL BUDGET BY ADDING $665,000 TO THE NO. 3270 SEAWALL CIP FUND; AND DECLAR/NG AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That $257,000 is advanced from the No. 3480 Storm Water CIP Fund, $354,000 is advanced from the No. 4080 Water CIP Fund and $54,000 is advanced from the Park CIP Fund to and appropriated in the No. 3270 Seawall CIP Fund to begin the Seawall Repairs Project approved in the Special Election on November 7, 2000. The advances shall be reimbursed to the CIP funds with interest at the rate of 3.69% upon sale of the Seawall Improvement Bonds. SECTION 2. That Ordinance No. 024162 which adopted the FY2000-01 Capital Budget is amended by adding $665,000 to the No. 3270 Seawall CIP Fund. SECTION 3. 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 role 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 · 2001 ~ ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa,~City Secretary APPROVED lc'Ia"7 ~)~ ~ ,2001 James R. Bray, Jr., ~Ci~ Attorney By: '~~'~t""/C i t y Attorney Samuel L. Neal. Jr.. Mayor H:kLEG'DIRXALMA~LISA/ORR6\ORD3 380 ORDINANCE RESCINDING ORDINANCE NO. 024366 WHICH APPROPR/ATED $900,000 FROM THE SEAWALL IMPROVEMENTS FUND AND WHICH TRANSFERRED $900,000 TO AND APPROPRIATED IN THE NO. 3270 SEAWALL CIP FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 024366 which appropriated $900,000 from the Seawall Improvements Fund and which transferred $900,000 to and appropriated in the No. 3270 Seawall CIP Fund is hereby rescinded. SECTION 2. That upon written request oft. he 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 role 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 ,2001. -- ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor LEGAL FORM APPROVED /~/c,,~t '~, ~ ,2001; JAMES R. BRAY, JR., CITY ATTORNEY By: , · ~City Attorney 15 AGENDA MEMORANDUM DATE: May 16, 2001 SUBJECT: Pilot Seawall Reconstruction Project (Pilot & Contract B-l) - Project No. 3169 AGENDAITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 in the amount of $581,000 with Shiner Moseley and Associates, Inc. for the Pilot Seawall Reconstruction Project (Contract A) and Seawall Reconstruction Project B- 1. Motion authorizing the City Manager, or his designee, to execute a geotechnical and materials testing contract in an amount not to exceed $79,602 with Fugro South, Inc. (Gulf Coast Testing Laboratory) for the Pilot Seawall Reconstruction Project (Contract A) and Seawall Reconstruction Project B-I. ISSUE: Engineering, geotechnical, and materials testing contracts are necessary to develop the plans, specifications and contract documents to allow the pilot project to proceed. RECOMMENDATION: Staff recommends approval of the motions as presented. /~n,~ R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Exhibit B. · Exhibit C. Exhibit D. Additional Background Information Location Map/Drawings Contract Summaries - Engineering Project Budget Seawall Inseection 1998 - Panels 205 and 206 (Project 3129) and Enoin~ednq $~rvic~ CQnt~(;t March 17, 1998 ADDITIONALBACKGROUNDINFORMATION PRIOR COUNCIL ACTIONS: 1. N vember 25 1997 - Approval of seawall investigation and use of Gateway proceeds (M97-347); 2. Motion authorizing the execution of a contract in the amount of $36,804 with Bracco Construction Co. for Seawall Inspection at Panels 205 and 206 (M98- 084); 3. Motion to authorize award of a seawall condition assessment in amount of $386,000 to Shiner Moseley and Associates, Inc. (M98-085); 4. Motion to authorize execution of a Contract for Geotechnical, Laboratory, and Petrography Services related to the Seawall Investigation Project with Bacon Engineering, Inc. for a fee not to exceed $49,000 (M98-086). 5. Motion to authorize execution of a Contract for Non-Destructive/Non- lnvasive Investigation Services for the Seawall Investigation Project with W. G. Jaques Company for a fee not to exceed $86,210 (M98-087). PRIOR ADMINISTRATIVE ACTIONS: 1. un 8J_.~Q_e_.~.j_9_~_ - Award of Amendment No. 1 (additional testing) in amount of $13,470 to Bacon Engineering, inc. for Geotechnical, Laboratory, and Petrography Services related to the Seawall Investigation Project. 2. ~j~[jj~~ - Award of Amendment No. 1 (Backwater Levee Gate Report) in amount of $14,350 of seawall condition assessment contract with Shiner Moseley and Associates, Inc.; 3. ~ - Award of Amendment No. 2 (Design of Backwater Levee Gate Structures) in amount of $-0- (change of scope) of seawall condition assessment contract with Shiner Moseley and Associates, Inc.; 4. [~ - Award of Amendment No. 3 (Backwater Levee Gate Structures Foundation and Railroad coordination) in amount of $14,350 of seawall condition assessment contract with Shiner Moseley and Associates, inc.; 5. ~ - Award of Amendment No. 4 (Backwater Levee Gate Structures Construction Phase) in amount of $13,330 of seawall condition assessment contract with Shiner Moseley and Associates, Inc.; FUTURE COUNCIL ACTION: 1. Award of construction contract for Pilot Seawall Reconstruction Project (Contract A) and Reconstruction Contract B-1. 2. Award of engineering, geotechnical, materials testing and construction contracts for: a. Seawall Reconstruction Contract B-2; b. Seawall Reconstruction Contract C; and c. Seawall Reconstruction Contract D. Exhibit A Page t of 4 BACKGROUND: Bayfront Protection Structures: Construction of the Bayfront Protection Structures began in 1939. The most identifiable portion of these structures is the concrete steps and apron panels (sidewalk). However, the Bayfront Protection Structures and other seawall or bulkhead type structures also includes the L and T-heads, breakwaters, riprap, and the earthen levy extending to the Harbor Bridge. The structures incorporated into the Bayfront Protection include: 1. Vertical Bulkheads consisting of steel sheet pile main wall with reinforced concrete caps; 2. Sloped Slabs on Grade with shallow steel sheet piles "cut-off" wall at the lower edge; 3. Stepped Seawall Sections which are timber pile supported reinforced concrete beam-and-slab structures with four transverse beams extending from a top longitudinal girder (head beam) to a bottom steel sheet pile/concrete cap (beam). The seawall section beams are supported on creosote treated timber foundation piles with the top sur[ace of the slab being formed into steps conforming to the slope of the seawall. Each section is headed at the top with a longitudinal beam for the full length (40') of the section and ended at the bottom with a longitudinal pile cap beam along a steel sheet pile wall. See Exhibit B-2. Three different designs of these sections were used with a fourth modification without steps used at two locations. Additionally, two large pressure discharge storm drains are installed through the seawall that are of a significant size that the integrity of the line upstream is a major consideration during storm tides. Storm Drain Sluice Gates also are installed through the seawall. Weepholes (filtered relief ports) were also installed in each section of the seawall to help alleviate excessive hydrostatic pressure behind the steel sheet piling. Condition Assessments: The more recent condition assessments of the Seawall include: 1. November, 1980 - A Study of the Structural Integrity of the Peoples Street T- Head, Including the Necessity, if any, for Piling. Ogletree & Gunn, Inc.; 2. October, 1981 - Engineering Study & Recommendation for L-Head and T- Head and Breakwater Improvements. Goldston Engineering; 3. July, 1985 - Report on Condition Survey & Inspection of the Corpus Christi Seawall. Ogletree, Byrne, Welsh & Hubner Engineering; and 4. June, 1987 - Preliminary Review for the Proposed Improvements to Barge Dock & Water Circulation Tunnels. Ogletree Engineering, Inc. 5. November, 1999 - Seawall Investigation Project Final Report. Shiner Moseley and Associates, Inc. The most recent study by Shiner Moseley included geotechnical testing and analysis, a pile condition or capacity assessment, concrete compression testing, laboratory tests of reinforcing steel, concrete petrography, inspection and IExhibitA I Page 2 of 4 assessment of timber piles, assessment of anchor rod and turnbuckle conditions, void detection, or use of new non-destructive investigation techniques (Ground Penetrating Radar). (Concrete petrography is the process of conducting tests on concrete samples (cores) to determine/verify the original concrete mix design, watedcement ratios, and other physical concrete properties.) Additionally, it was determined that an investigation of representative sidewalk panels would be beneficial. Two panels were selected for further investigation based upon visual inspection of cracking patterns and voiding under the apron panels (panels 205 & 206). Assessment Findings: The structure is over 60 years old. Marine structures of this type are typically designed with a much shorter life and require major maintenance after 30 to 40 years. The seawall has performed very well, but has received only the most minimal maintenance. Key findings were: 1. the overall protection system is intact, but is in need of reconstruction to ensure its continued viability; 2. soil has been lost under the seawall creating voids along its entire length; 3. the rear timber piles examined were decayed from fungus attack with up to half the pile diameter lost, and marine borers have damaged the front row of pilings; 4. concrete was found to be of a very high quality, but corrosive salts are penetrating through the concrete; 5. reinforcing steel is not yet experiencing general corrosion, but where cracks allowed seawater to penetrate to the steel there was limited areas of significant corrosion; 6. there are noticeably large cracks in almost all of the 40-foot long concrete panels that make up the seawall which appeared to have originated due to temperature shortly after construction; and 7. sheet pilings that is supposed to seal and support the front of the seawall were found to be deteriorated which weaken the wall and allow sand under the seawall and sidewalk to leak out. ENGINEERING CONTRACTS: Shiner Moseley Contract: Two engineering contracts are recommended for award. The City is contracting directly with Shiner Moseley and Associates, and Fugro South, Inc. Shiner Moseley and Associates was selected through the City's RFP process, and was deemed to be best qualified for the investigation project. The scope of the investigation contract provided for a future amendment to address design and construction phase services. Shiner Moseley is a local engineering firm that is highly experienced with marine and coastal engineering. The contract fee consists of basic design services in the amount of $298,700 and additional services in the amount of $282,300 for a total design fee of $581,000. The additional services are not part utilized in the computation of the basic design fee. The negotiated basic service fee represents approximately 9% of the anticipated construction costs for this phase. This percentage is higher than negotiated for most City engineering contracts. Review indicated the engineering fee percentage for most marine repair projects is in the 10.5% to 12% range. Exhibit A Page 3 of 4 Additional service fees are paid only when needed and utilized dudng the contract. The additional service fees include architectural planning, permitting, pilot project evaluation and computer wave modeling that is applicable to the entire project. Extensive construction inspection/observation services are included in additional services for this first reconstruction project. The results of the Pilot program are anticipated to significantly reduce design fees for the remaining construction contracts. A contract summary is attached. See Exhibit C-1. Fugro South, Inc., Contract: Fugro South, Inc. was recommended by the design engineer. Fugro South is a large national engineering testing firm that maintains a highly qualified local office that was formerly Gulf Coast Testing. Fugro South has extensive experience on similar projects. A contract summary is attached. See Exhibit C-2. PROJECT DESCRIPTION: The program originally called for a small pilot project to reconstruct two to four panels to be followed by four additional larger construction projects, The pilot program would permit the identification of the most effective materials and methods for use on the future construction contract. The timing of the Arena project required a modification of the work program. The modified work program includes the pilot project and a substantial portion of Reconstruction Contract B-1. The modified work program will ensure seawall construction in the Arena and Convention Center area is complete in advance of important projects, This phase of the project will result in the repair of up to 38 panels involving some 1520 linear feet of seawall. The project will start at the panel closest to the barge dock and proceed away from the Convention Center ending at panel #193 which is located between Power and Belden Street. The construction project will include: 1. new sheet pilings capable of carrying the increased weight of a future concrete oveday of the concrete steps; 2. filling voids; 3. repairing or sealing cracks and expansion joints; 4. installing a new sidewalk; 5. conduit and pedestals for lighting. PROJECT SCHEDULE: Construction is anticipated to start in April, 2002 with completion by March, 2003. This will allow seawall construction in the vicinity of the arena and convention center to be completed in advance those critical projects. FUNDING: Funding is available in the Seawall CIP Fund. OTHER ISSUES: U. S Corps of Engineers: The proposed design was reviewed by the U. S. Army Corps of Engineers (COE). They have issued an opinion that concurs with the design approach being followed. Exhibit A Page 4 of 4 N PRO~IECT LOCATION LOCATION MAP NOT TO SCALE STEPPED CITY PROJECT No. 3169 SEAWALL PROJECT SITE NOT ~ S~LE PILOT SEAWALL RECONSTRUCTION PROJECT (PlJot & Contract B-I) CITY OF CORPUS CHRIST~, TEXAS PROJECT LIMITS BARGE DOCK EXHIBIT "B" CITY COUNCIL EXHIBIT D~ARTMENT OF ~GINEERING SERVICES PAGE: I of 1 ~: 5-17-2001 SEAWALL RECONSTRUCTION PROJECT - PILOT PROGRAM & CONTRACT B-1 CONTRACT SUMMARY SCOPE OF SERVICES A. Basic Services 1. The Engineer will: a. Study, verity, and implement design recommendations outlined in the Engineers' repor~ including construction sequencing, connections to the existing facilities, and restoration of property, and incorporate these plans into the construction plans. b. Prepare one set of Construction Bid Documents in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, invitation to bid, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid package, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. c. Prepare opinions of probable costs and probable construction schedule. d. Furnish one copy of 60% complete plans (plans only - identity needed specifications) to the City staff for review and approval purposes with opinions of probable construction costs. Required with the 60% plans is a "PIan Executive Summary" which will identity and summarize the project by distinguishing key elements such as: · Why one material is selected over another · Constructability, etc. · Specific requirements of the City · Standard specifications · Non-standard specifications · Any unique requirements · Cost, alternatives, etc. e. Furnish complete bid documents including specifications for City staff review and approval. Provide one copy of 100% complete plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities, compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants. f. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the 60% and 100% complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Engineer shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including structural, civil, and marine. g. Upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents (including electronic format) suitable for reproduction (in City format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. h. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to reuse of modified plans. i. Assimilate all review comments, modifications, and additions/deletions and proceed to next phase, upon Notice to Proceed. j. Prepare USCE permit applications and exhibits for City submission. 2. Bid Phase. The Engineer will: Exhibit C-1 Page 1 of 4 a. Participate in the pre-bid conference. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate and prepare bid tabulation, and make recommendations concerning award of the contract. Construction Phase. The Engineer will: a. Participate in pre-construction meeting. 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 minor changes that do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make visits to the site of the Project to confer with the City Engineer 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 (coordinate with the City's construction division), provide interpretations and clarifications of the plans and specifications for the contractor, and authorize minor changes that do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final project walk-through with City staff and provide the City with a Certificate of Completion for the project. h. Review construction "red-line" drawings, prepare record drawings (in future contract amendment) 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.2000) of the record drawings. 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. B. Additional Services This section defines the scope for compensation for additional services that may be included as part of this contract, but the Engineer 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 Engineer will, with written authorization by the Director of Engineering Services, do the following: Permitting. Furnish the Director of Engineering Services all engineering data and documentation necessary for all required permits. The Engineer will prepare this documentation for ali required signatures. The Engineer will prepare and submit the permit application with exhibits to the appropriate local, state, and federal authorities, including, but not limited to: a. U.S. Army Corps of Engineers (USACE) Topographic and Hydrographic Survey. Provide field surveys as required for design, including the necessary control points, coordinates, and elevations of points. Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform to the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Exhibit C-1 Page 2 of 4 Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of one (1) found boundary monument from the project area. Topographic surveying will be performed by the construction contractor during construction to determine structure movement. Crack Mapping. The Engineer will identify, locate, measure, and prepare drawings of existing surface cracks in the stepped portion of the thirty-eight (38) panels in the Pilot Program and Contract B-1 that will require crack repair/injection. In addition, associated fieldwork will be included to define spall repair limits. 4. Construction Observation Services. Provide Project Observation services including day-to-day detailed coordination with the City's staff and testing laboratory. A construction site representative will be provided by the Engineer for up to thirty (30) hours per week, for the first three months of construction. For the remaining 8 months of construction, a site representative will be provided for up to 20 hours/week. The Engineer's Project Manager will visit the job site up to ten (10) hours per week (average) during the construction process, which is assumed to be 11 months at this time. The purpose of the site observations will be to observe the materials and techniques utilized during the performance of the pilot program, as well as project observation for general compliance with the plans and specifications. (Evaluation of the materials and techniques will follow and a construction contract change order will be issued to the contractor for the preferred materials or techniques.) 5. C~~rdinati~n and EVa~uati~n ~f and Petr~graphic Ana~ysis~ C~ras wi[~ be taken (by ~thers) bef~re the application of the material(s) used for chloride extraction. Near the end of the construction phase of this contract, these cores will be evaluated petrographically (by others) for chloride levels before and after treatment. At that time, Engineer will evaluate results and make recommendafions to City Engineer on the effectiveness of chloride extraction for this contract as well as future phases of the project. 6. A pre-design underwater survey will be performed in the area of work under this contract. Random probing (not continuous) at the toe of the existing sheet piling will be performed to look for debris that might interfere with the advancement of the new sheet piling. In addition, a general condition survey will be performed on the stormwater outfall penetrations with measurements collected in sufficient detail to allow construction drawings to be developed. A complete 100- percent visual survey is not intended to be provided for all submerged surfaces. For the manpower effort allocated for this task, it is assumed that this work will be carried out concurrently with the crack mapping task. 7. Presentations/Public Meetings. Since this is a high profile project, several key meetings are anticipated and limited public involvement will be important. Time has been allocated for 1 council meeting, as well as coordination time with the City's media group to allow the press to conduct live video during three key areas of work, and prepare short narratives to distribute to the press, regarding the project status. '8. Warranty Phase. The following work will be performed via future contract amendments. Provide a maintenance guaranty walk-through toward the end of the one-year period after acceptance of the Project. Note any defects requiring contractor action to maintain, repair, fix, restore, patch, or replace any 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. Architectural Allowance, Evaluation of Pilot Program, and Development of Wave Forces. An architectural allowance ($1,500,000 in 19995) was inctuded in the entire Seawall Rehabilitation project budget, as well as $750,000 (in 19995) for lighting. For this contract, an allowance has been included for architectural planning services that will allow for prioritizing the areas of the Seawall that will have architectural treatments and development of conceptual cost estimates and Exhibit C-1 Page 3 of 4 sketches of potential improvements. Design of these improvements will be covered under future contract amendments. Also included in this item will be the evaluation of select work elements involved in the pilot program. Evaluation of the following work elements will also be provided as part of this project: installation techniques used for sheet piling, grout types and placement methods, hydrostatic relief system materials and techniques used for installation, crack repair materials and methods, expansion joint sealant(s) to be allowed, and concrete mix designs. Final design wave forces will be developed for the entire length of the Seawall. 2. SCHEDULE Tentative Project Schedule 01 June 2001 01 September 2001 60% Submittal 01 October 2001 City Review 01 November2001 01 December2001 01 January2002 15January 2002 30 January 2002 15 February 2002 01 April 2002 01 March 2003 Begin Design Phase 90% Submittal City Review Final Submittal Advertise for Bids Pre-Bid Conference Receive Bids Begin Construction Construction Completion 3, FEES C. Summary of Fees Original Contract with Amendments Nos. 1,2,3, and 4 Fee for Basic Services 1. 2. 3. $654,530 Design Phase ............................................................................. 261,400 Bid Phase ....................................................................................... 9,700 Construction Phase ...................................................................... 27,600 Subtotal Basic Services Fees ................................................. 298,700 Fee for Additional Services (Allowance) 1. Permitting- USACE ....................................................................... 6,200 2. Topographic and Hydrographic Survey 2a. Pre-design ............................................................................ 19,400 2b. During Construction (by construction contractor) .......................... 0 3. Crack Mapping ............................................................................. 18,600 4. Construction Observation Services ............................................ 139,000 5. Coordination/Results Coring/Petrography ...................................... 3,500 6. Underwater Examination (pre-design only) .................................. 19,600 7. Presentation/Public Meetings ....................................................... 10,800 8. Warranty Phase (will be done under future phase) ............................... 0 9. Architectural Planning/Evaluation of Pilot Program/Waves .......... 65,200 Sub-Total Additional Services Fees Authorized ................... 282,300 Total Authorized Fee Under This Amendment ............................................... 581,000 Total Fee (654,530 + 581,000) ............................................... 1,235,530 Exhibit C-1 Page 4 of 4 FUGRO SOUTH, INC. Gulf Coast Testing Laboratory 1205 N. Tencahua Street Corpus Chrisa, TX78401 Phons :361-882-5411 Fax :361-882-4028 Proposal No. 1601-2000-1083 (revised) May 10, 2001 City of Corpus Christi Department of Engineering P.O. Box 9277 Corpus Chdsti, Texas 78469 Attention: Mr. Kevin Stowers, P.E. City Engineer Exhibit A Proposal for Geotechnical and Construction Materials Testing Services Seawall Reconstruction Project - Pilot Program and Contract B-I City of Corpus Christi Project No. 3169 Corpus Christi, Texas Introduction Fugro South, Inc. is pleased to submit this proposal as part of the negotiation process to provide geotechnical and construction materials testing services for the above referenced project. The original proposal (1601-2000-1083 dated December 11, 2000) was requested by Mr. Jeff Massengill, P.E. with the Shiner, Moseley & Associates (SMA) on behalf of the City of Corpus Christi during a meeting on December 6, 2000. During a meeting on May 8, 2001, Mr. Massengill, P.E. requested that we provide a revised proposal based upon the revised scope of work as outlined later in this proposal. Fugro South, Inc. is a full service geotechnical and materials engineering company with extensive experience on similar projects. We have been providing these services for over fifty years. Our capabilities and experience enable us to provide you with many advantages during both the design and construction phases of your project. This proposal provides a brief summary of the project and then describes our proposed scope of work, cost, and terms, and anticipated schedule for completing this study. Project Description We understand that the City of Corpus Christi plans to reconstruct the deteriorating Seawall along Shoreline Drive in Corpus Christi, Texas. The first phase of the reconstruction project will involve a pilot program and Contract B-l, which will encompass approximately 1500 if of seawall. The A member of the Fugro group of companies with offices throughout the world. I ~Exhib~it Mr. Kevin Stowers, P.E. City of Corpus Christi May 10, 2001 Proposal No. 1601-2000-1083 (revised) pilot program was recommended in the report prepared by SMA, and by the U.S. Army Corps of Engineers as a result of the peer review process that was utilized during the investigation phase for this project. A preliminary geotechnical study was also performed by Bacon Engineering, Inc. (AGRA File No. 8-729-000119) during the investigation phase of this project. The pilot program and Contract B-1 will involve approximately 38 panels of the Seawall, located between 1-37 and the Barge Dock. Tentatively, the pilot program and Contract B-1 will be conducted in the vicinity of panels 193 to 231. The purpose of the pilot project is to test, refine, and optimize materials and methods that will be utilized for reconstruction along the remainder length of the Seawall (including Contract B-l), and to confirm opinions of probable cost that were previously developed. Fugro South, Inc. has been requested to provide construction materials testing services, and geotechnical exploration and consultation to assist in the pilot program and Contract B-I. These services have been divided into the following six (6) tasks: 1. Chloride Testing 2. Backfill Testing 3. Grout Testing 4. Concrete Testing 5. Geotechnical Study 6. Engineering Consultation A description and scope of work for each task is provided in the following section. Our estimates of cost and schedules for completion are also included. For bud.qetin.q purposes, we have e_~.med that the qeotechnical study and construction materials testing be performed for ail 38 panels of the pilot study and Contract B-I.' However, the chloride testing will of concrete cores taken from existinq seawall panels will be restricted to panels within the area of the pilot study only. Chloride Testing We understand that the City of Corpus Christi is considering treatment of the existing concrete panels along the Seawall to reduce existing chloride levels within the concrete. Fugro South has been requested to obtain 4 concrete cores (assume maximum 8-inch thick) from 4 of the concrete -2- Exhibit C-2 Page 2 of 10 Mr, Kevin Stowers, PE, City of Corpus Christi May 10, 2001 Proposal No. 1601-2000-1083 (revised) panels to be repaired in the pilot program. The concrete cores will then be tested for chlodde concentrations at intervals of 1-, 2-, 3-, and 4-inches from the bottom of the cores. Two of the concrete cores from each panel will be collected and tested prior to treatment, and the remaining 2 cores from each panel will be collected and tested approximately 6 months after treatment. Upon completion of concrete coring, Fugro South will backfill the core holes using non-shrink grout. Our proposed scope of work for this task consists of the following: · mobilize the necessary equipment and personnel to the project site to collect 4 samples from each panel (assume 4 panels will require coring) by coring through the concrete (assume maximum 8-inch thick); Sampling will be peri~ormed using two separate mobilizations, one prior to treatment and one at a subsequent date to be determined by the Client; · grout each core hole after sample collection with non-shrink grout; · test each core sample for chloride concentrations at intervals of 1, 2, 3, and 4 inches from the bottom of each sample; and · provide a data report presenting the results of the chloride concentration tests. Additional consultation for interpretation of chloride concentration test results, both before and after application of chloride extraction product, has been included in our estimate (assume 8 hours). Backfill Testing We understand that the process for the Seawall reconstruction will include backfill on both sides of a newly installed sheetpile wall at the rear of the structure. Fugro South has been requested to provide construction material testing services to monitor placement of material behind the sheetpile wall. These services should include qualifying potential backfill materials, determining compaction requirements for qualified mate~'ials, and testing backfill materials in-place to discern compliance with project specifications. Our proposed scope of work for this task consists of the following: · perform 8 qualification tests (Atterberg Limits and Percent Material Finer than #200 Sieve) on samples of material submitted for use as potential backfill; · perform 8 Standard Proctor tests on qualified materials to determine moisture- compaction requirements; and -3- Exhibit C-2 _ .£ ~. Page3ofl0 Mr. Kev[n Stowers, P.E. City of Corpus Christi May 10, 2001 Proposal No. 1601-2000-1083 (revised) conduct in-place density tests (assume 125 tests total; 8 lifts and I test per lift per 100 If or a minimum of 2 tests per lift) on compacted subgrade (assume minimum of 2 tests per call out and no standby time waiting on-site). Grout Testing We understand that a grouting specialist will be subcontracted by others to inject grout beneath the existing concrete panels to fill areas containing voids. Fugro South has been requested to provide construction materials testing services during the grouting procedures to test grout strengths for compliance with construction specifications. Our proposed scope of work for this task consists of the following: · cast one set of 6 grout cubes for each day grout injection is performed (assume 40 days of grouting; 40 sets of 6 grout cubes); and · perform 7-, 14-, and 28-day compressive strength tests on grout cubes and present test results in a written report. Concrete Testing We understand that concrete will be placed at the front and back of each panel, and for the sidewalk replacement behind the Seawall panels. Fugro South has been requested to provide construction materials testing services to monitor placement of concrete during this contract. Our proposed scope of work for this task consists of the following: · cast 2 sets of 4 cylinders (front and back) per panel (38 panels), and 1 set of 4 cylinders per every 2 panels for the replacement sidewalk behind the panels (total of about 95 sets of 4 cylinders); and · perform 7-, 14-, and 28-day compressive strength tests (one hold cylinder) for each set of concrete cylinders and present' test results in a wdtten report. Geotechnical Study As part of Contract B-l, we have been requested to perform 14 soil borings along the existing seawall between panels 193 and 231. Of the 14 soil borings, 7 will be performed in the water in front of the seawall to a depth of approximately 30 ft below the mudline and 7 will be performed through the concrete sidewalk behind the seawall to a depth of approximately 65 ft below grade. Coring of concrete will be required at each of the 8 land boring locations. -4- pEXhlbit C-2 age 4 of 10 Mr. Kevin Stowers. P.E. City of Corpus Chdsti May 10, 2001 Proposal No. 1601-2000-1083 (revised) In addition, we have been requested to perform 2 soil borings near the existing concrete bulkhead adjacent to the Art Museum of South Texas. One soil boring will be performed in the water to a depth of about 40 ft below the mudline. The second soil bodng will be performed behind the bulkhead using hand augering techniques to a depth of about 10 ft. The land bodngs will be performed with a truck mounted drilling rig. It is our understanding that portions of the concrete sidewalk have experienced some under-mining, which has created voids under the slabs. As a precaution against failure of the sidewalk slabs dudng the drilling process, timber pads will be used under the stabilization supports of the drilling dg to reduce point load stresses. However, even with precautions, damage to the existing sidewalk slabs may occur. Repair of any such damages are beyond the scope of this proposal. The water borings will be performed with a truck mounted drilling rig secured to a spud barge with 45-ft spuds to anchor the barge dudng drilling. A tug will remain with the barge during drilling operations to move the drilling rig between boring locations, as well as for safety purposes. Our proposed scope of work for this task consists of the following: 1. Field Work · core through the concrete sidewalk behind the seawall to allow access to the subsurface soils. · perform 16 borings, as discussed above, at the locations selected by SMA. · sample continuously in the borings to a depth of 10 ft, and at 5 ft intervals thereafter; · record estimates of cohesive soil shear strength using a hand-held penetrometer or Torvane; · measure depth of water to the mudline at water boring locations; · estimate groundwater levels in land borings using open boreholes before backfilling; and · backfill land borings with cuttings removed from the boreholes and patch coreholes through sidewalk with concrete. 2. Lab Testing · soil classification tests including but not limited to: natural moisture contents, liquid and plastic limits, and grain-size analyses (if required); and -5- IExhibit C-2 I Pa,qe 5 of 10 Mr. Kevin Stowers, P.E. City of Corpus Chdsti May 10, 2001 Proposal No. 1601-2000-1083 (revised) strength tests including unconfined compression and/or unconsolidated undrained triaxial tests. Engineering Consultation Fugro South has been asked to provide geotechnical engineering consultation during the pilot program and Contract B-1 for the Seawall reconstruction using subsurface information obtained from our above outlined geotechnical study as well as existing subsurface information provided in the Investigation Phase report prepared by Bacon Engineering. Our proposed scope of work for this task consists of the following: · providing estimates of axial capacity for the existing timber piles and for the proposed continuous sheetpile walls to be installed for the Seawall reconstruction; · providing soil parameters to assist in the design of proposed continuous sheetpile walls and timber piles; and · providing geotechnical recommendations to assist in relieving hydrostatic pressure build-up behind the continuous rear sheetpile anchor wall, and between the front and rear sheetpile wail. We have also made allowance for both geotechnical and construction materials consultation and attendance at project meetings prior to and during construction of the pilot program and Contract B-I. Cost and Terms · Services to be performed in accordance with our "General Conditions for Technical Services" Schedule 40.01, Rev.1 (May 2000), and this proposal. · We estimate the cost for the geotechnical and construction materials testing services for this project will be about $79,602. This estimate is based upon the scope of work described previously in this proPOsal, and the special conditions and/or assumptions outlined in the following section. Invoicing for our services will be on a unit cost basis in accordance with the fee schedule indicated on the attached cost estimate (Attachment 1). However, we will not exceed the estimated cost without prior notification and approval by Client. · This proposal estimate will remain valid for a period of 90 days. · All final reporting will be submitted in triplicate. -6- Exhibit C-2 p~? ~ nf ,In Mr. Kevin Stowers, P.E. City of Corpus Christi May 10, 2001 Proposal No. 1601-2000-1083 (revised) Special Conditions and/or Assumptions. Several assumptions have been made in developing our cost estimate and include: A total of 38 panels will be reconstructed during the pilot program and Contract B-l; · No permits are required to perform the field operations; · Only one project mobilization/demobilization effort will be required for the barge; · Fugro will subcontract a third party barge and tugboat to transport our ddlling equipment to the job site and between boring locations; · The loading, transport, and unloading of the drilling equipment and supplies to and from the job site using the barge will take a maximum of three (3) hours each day; · We will not encounter overhead and/or underground obstructions; · Removal of drill cuttings and borehole fluids and broom sweeping will be sufficient clean-up at each of the land boring location; · Truck mounted drilling rig will be allowed on the sidewalk behind the seawall to perform ddlling operations; · No traffic control necessary to perform borings along sidewalk behind seawall; · Field work will be performed in Modified Level D personal protective equipment (rubber boots, rubber gloves, etc.); and · Fugro will notify Texas One-Call of our field activities prior to arrival of our drill crew. Barge Work. We have assumed that on-site delays and drilling interruptions beyond our control (e.g. ship traffic, weather, etc.) will not occur during the execution of our field work. Where borings are disrupted during the drilling process, either due to weather or ship traffic, we will reposition the drilling rig at a location between 5 and 20 ft from the original boring location. After repositioning, we will advance a new boring to the termination depth of the disrupted boring, and then continue our sampling procedures to the required depth below the mudline. If poor weather interrupts our drilling operations, the full barge rental fee, the hourly rate for drilling and sampling performed up to the time of interruption, per diem charges, and vehicle charge will apply. For each additional day that drilling is not performed after an interruption due to weather conditions, a standby rate of $700 per day will be assessed in order to maintain rental rights to the barge, and prevent remobilization costs. This fee includes standby for the barge, as welt as per diem for the drilling crew and technician during the poor weather interval. Where interruptions are temporary, and repositioning is feasible in the same day to continue drilling, a standby rate of $150 per hour will apply during the interval of the interruption. All -7- Exhibit C-2 Paqe 7 of 10 Mr. Kevin Stowere, P.E. City of Corpus Christi May 10, 2001 Proposal No. 1601-2000-1083 (revised) interruptions and the duration of the interruptions will be cleady noted on our daily field reports for this project. We will notify SMA and the City of these interruptions as they occur in order to reduce any confusion over cost and schedule. Schedule of Work Coring for chloride testing to take approximately 3 to 4 days for each mobilization; Chloride testing to take approximately 4 to 6 weeks to complete all tests for each mobilization. Drilling on land to begin within approximately 1 week of authorization and take approximately 5 to 7 days to complete; Drilling in the water to begin within approximately 1 week of authorization (dependent upon barge availability) and take approximately 7 days to complete; Results of geotechnical analyses to be reported on interim basis as they become available. A final report can be issued 2 to 3 weeks after completion of fleldwork. Closing We appreciate the opportunity to prepare this proposal for the City of Corpus Christi. information or questions, please contact Thomas Posey, P.E. at 361-882-5411: For further Sincerely, FUGRO SOUTH, INC. sseltine, E.I.T. Graduate Engin~.~or ~ W. Chuck Rushing Branch Manager Attachment Copies Submitted: Mr. Anget Escobar, P.E.; Cit~ of Corpus Christi; Courier (2) Mr. Jeff Massengill, P.E.; Shiner Moseley & Associates; Mail (1) TAP j:/deta/20CO_geol~o~sals/1601 - 1083~v doc -8- Exhibit C-2 Page 8 of 10 Attachment 1 COST BREAKDOWN SEAWALL RECONSTRUCTION PROJECT - PILOT PROGRAM CITY OF CORPUS CHRISTI CORPUS CHRISTI, TEXAS Description Quantity Unit Unit Cos! Total Chloride Testing Concrete Coring (4-in. dia.; 8-in. 16 ea 48.00 768.00 thick) Non-Shrink Grout 6 bags 30.00 180.00 Equipment and Crew (2 Techs) 40 hfs 90.00 3,600.00 Chloride Concentration Testing (4 16 cores 400.00 6,400.00 intervals per core) Interpretation of Chiodde 8 hrs 135.00 1,080.00 Concentrations SUBTOTAL: 12,028.00 Backfill Testing ;tandard Proctor 8 ea 120.00 960.00 ~,tterberg limits 8 ea 40.00 320.00 Vlinus #200 sieve 8 ea 30.00 240.00 In-Place Densities 12,; ea 20.00 2,500.0(; SUBTOTAL: 4,020.0C Grout Testing Set of 6 cubes (sample and test) 40 sets 80.0(; 3,200.0(; SUBTOTAL: 3,200.001 Concrete Testing Set of 4 cylinders (sample and test) 60 sets 96.00 5,760.00 SUBTOTAL: 5,760.00 Geotechnical ~tudy Land Borings ~-inch diameter cores through 7 ea 130.00 910.00 concrete sidewalk to access borings assume concrete thickness is 8 inches) Mobilization of truck-mounted drilling I ea 250.00 250.00 rig Drilling & sampling land borings 350 ft 10.00 3,500.00 (7 borings, 0 to 50 ft depth) Exhibit C-2 Page 9 of 10 Attachment 1 CONTINUED Description Quantity Unit Unit Cost Total Drilling & sampling land borings 105 ft 12.00 1,260.00 (7 borings, 50 to 65 ff depth) Field Technician (log borings and 6(] hr 35.00 2,100.00 collect soil samples) Field Technician (perform hand 3 hr 35.00 105.00 auger boring to 10 fi) Removal of drill cuttings and f~uids, 7 ea 35.00 245.00 and broom sweep Water Borings Mobilization of truck-mounted rig 11 Is 1,500.00 1,500.00 Mobilization of Barge 1 Is 1,000.00 1,000.00 Barge Rental 5 day 1,750.00 8,750.00 Drilling & sampling water borings (7 55 hr 175.00 9,625.0(] borings to 30 ft depth and 1 boring to 40 ft depth) Field Technician (log borings and 55 hr 45.00 2,475.0(] collect soil samples) Supplies (Casing, saltwater gel, etc.) I Is 1,000.0(] 1,000.0(] Vehicle Charge 5 days 50.0(] 250.0£ Per Diem (3 man crew for 5 days) 15 man-day 85.0(] 1,275.0(; Laboratory Testing Vloisture Content 50 ea 5.0(; 250.0(; Atterberg Limits 28 ea 43.001 1,204.001 Percent Passing #200 Sieve 30 ea 28.00 840.00: Llnconflned Compressive Strength 15 ea 28.00 420.00 Llnconsolidated Undrained Triaxial 12 ea 50.00 600.00 SUBTOTAL: 37,559.00 Engineering Consultation Senior Consultant (consulting) 16 hr 135.00 2,160.00 Senior engineer (analyses, 95 hr 95.00 9,025.00 consulting, meetings) Project Engineer (analyses, 9(] hr 65.00 5,850.00 reporting) SUBTOTAL: 17,035.00 TOTAL: $ 79,602.00 Exhibit C-2 Page 10 of 10 SEAWALL RECONSTRUCTION PROJECT Pilot (Contract A) & Contract B-1 Preliminary Project Budget May 17, 2001 FUNDS AVAILABLE: Seawall Reconstruction CIP Funds ........................ Total ............................................................................ $4.900.000.00 (1) $4,900,000.00 FUNDS REQUIRED: Construction Contract ................................................. $3,300,000.00 Project Contingency (10%) .......................................... $ 330,000.00 Geotech & MaterialsTesting ........................................ $ 79,602.00 Engineering Design/Permit ......................................... $ 581,000.00 Construction Inspection (in NE contract) .................... $ -0- Survey (in NE contract) ..............................................$ -0- Engineering Project Liaison ......................................... $ 20,000.00 Incidental Expenses (Printing, Advertising, etc.) ......... $ 12.000,00 TOTAL ........ $4,332,602.00 (1) Includes appropriation of FY2001-2002 Seawall additional sales tax. Exhibit D Page 1 of 1 ._ CITY COUNCIL AGENDA MEMORANDUM 2001 AGENDA ITEM: A resolution authorizing the City Manager, or the City Manager's designee, to execute a five year natural gas supply, transportation, and facilities construction contract with National Energy & Trade, L.L.C., for the purchase of 100% of the City's natural gas requirement to begin on July 1, 2001, and expire on July 1,2006. ISSUE: The current natural gas supply contract expires on July 1,2001 at 9:00 a.m. REQUIRED COUNCIL ACTION: Contracts exceeding $15,000 must be approved by the City Council. PREVIOUS COUNCIL ACTION: Approval of a motion to issue a request for proposal for a natural gas supply contract approved by City Council on April 10, 2001. RECOMMENDATION: Staff recommends that a five year natural gas contract be awarded to National Energy & Trade, L.L.C., after evaluating and rating all proposals. beborah A. Marro~luin, P/~. Gas Superintendent L~ Ronald F. Massey ACM, Public Works/Utilities Mark Mcuanie~ Director of Management & Budget BACKGROUND INFORMATION Currently, the City of Corpus Christi purchases 100% of its daily natural gas requirements from El Paso Reata Energy, b P. The present two year contract expires on July 1, 2001. Current contract price is HSCl plus $0.245. Requests for Proposals were advertised for a two (2) year period from July 1, 2001 to July 1, 2003 with an option to extend for up to three additional twelve month periods. In addition, proposals will be considered for a sixty (60) month period ending July, 2006. Options are subject to the approval of the Supplier and the City Manager, or his designee. Proposals are for a firm supply of 100% of the City's total requirements on a daily basis through a single supplier, but would consider proposals to serve only specific distributions systems. However, proposals limited to specific distribution systems would only be considered if other acceptable suppliers submitted proposals that would ensure service to the remaining distribution systems. Three proposals were submitted by the following firms: (1) El Paso Reata Energy, L.P., (Reata), (2) Houston Pipe Line Company and (3) National Energy & Trade, LLC. See attached price tabulation. Reata submitted a proposal for 100% of the City's total natural gas requirements with a pricing scheme that translates to Houston Ship Channel Index (HSCl) plus $0.98. This $0.98 is considered a swing reservation charge with a capped volume. Should the City of Corpus Christi exceed this cap in an extremely cold winter, then the price of natural gas in excess of the cap would be quoted by Reata at the current price for that day Houston Pipe Line Company did not propose 100% daily requirements and no other company proposed the remaining facilities not covered by their proposal. However, their proposal translates to a monthly HSCI plus $0.28. In addition, the cost to install the necessary facilities is $1,364,648 which equates over a five-year contract to $0.08/MMBTU. The third proposer, National Energy & Trade, LLC, (NET) submitted a 100% and a 50% option. The 100% option price consists of HSCI plus $0.20 plus a reservation fee of $2,259,952 to be paid out in 36 equal monthly payments over the five year contract, which equates to $0.13/MMBTU. This reservation fee consists of transportation costs, operating and maintenance costs, construction of new pipeline, the acquisition of existing pipelines and intemonnects. The City of Corpus Christi will retain 50% of the total operational capacity of the 22 mile Pan-Tex pipeline system. A reservation cost of $0.10/MMBTU based on a minimum of 5,000 MMBTU/day would be charged for O&M costs of this pipeline. The capacity acquired by this pipeline would eliminate the need to construct four Capital Improvement Projects with an associated total cost of $6,419,000 and a section of 16" on Saratoga estimated at $740~000. in addition, these capacity rights in this Pan-Tex pipeline would allow the City to increase future competition. The City of Corpus Christi-Gas Department, after evaluating and rating all proposals based on the weighted factors of deliverability, price, acquisition of interconnections, quality of gas, marketing proposals and past performance, recommend that the 5-year natural gas supply contract be awarded to National Energy & Trade, LLC. CITY OF CORPUS CHRISTI PRICE TABULATION Conversion to HSCI CURRENT CONTRACT PRICE HSCI monthly + $.245 EL PASO REATA HOUSTON PIPE LINE NATIONAL ENERGY & TRADE HSCI monthly + $.98 HSCI monthly + $.28 1 HSCI monthly + $.20 2 (1) $1,364,648 (worth of facilities) = $.08 3,500,000 MMBTU x 5 yr. (2) $2,259,952 (worth of facilities) = $.13 3,500,000 MMBTU x 5 yr. SUMMARY OF GAS SUPPLY CONTRACT With National Energy & Trade, L.L.C. July, 2001 National Energy & Trade, LLC (NET) will deliver 100% of the City's gas requirements, firm supply, on-demand deliverability. City will pay HSCI plus $.20 and a reservation fee of $2,259,952 over a 36 month period. Elimination of over $7,159,000 in Capital Improvement Projects and in-house construction costs. The current contract price, which continues until July 1, 2001, will be reduced by four and a half cents per MMBTU City will retain 50% of the total operational capacity of the 22 mile Pan-Tex pipeline system with a reservation cost of $0.10/MMBTU based on a minimum of 5,000 MMBTU/day. A purchase point in Flour Bluff ensuring back up supply to both, Flour Bluff and Naval Air Station. Retain ownership of land acquisitions and equipment required at two new delivery points and equipment at new Flour Bluff delivery point. Provisions are made for points of delivery, pressure, regulators, measurement, and odorization. Navi. ganC 8310 Capital of Texas Hwy. N. Suite 385 Austin, TX 78731-1026 Telephone (512) 345-5415 Facsimile (512) 345-6534 May 24, 2001 Ms. Deborah Marroqmn, P.E. Gas Superintendent City of Corpus Christi 4225 South Port Avenue Corpus Christi, TX 78415-5311 Subject: Evaluation of Gas Supply Proposals Dear Ms. Marroquin Attached is a report of findings of Navigant Consulting, Inc. (NCI) review and evaluation of gas supply proposals received on May 4, 2001. Our evaluation has focused on a review of the economic terms contained in proposals from El Paso Merchant Energy, Houston Pipe Line, and National Energy and Trading. Theses analyses have been completed in coordination with Gas Department staff's review of the proposals. As a result of our review we find that the proposal from National Energy and Trading offers the low cost option responding to your gas system's full requirements supply. Following your revie~v of the attached evaluation, please contact us with any questions. We have appreciated being of service to the Corpus Christi Gas Department on this assignment. -Sincerely, John Allen Moore Attachment EVALUATION OF PROPOSALS CITY OF CORPUS CHRISTI NATURAL GAS SUPPLY REPORT OF FINDINGS The City of Corpus Christi (the City) issued a Request for Proposals (RFP) to provide natural gas supply and related infrastructure. Responses were due on May 4, 2001. Three parties submitted responses: (i) El Paso Reata Energy, L. P., an affiliate of El Paso Merchant Energy; (ii) Houston Pipe Line Company, an affiliate of Enron; and (iii) National Energy and Trade, LLC. The City engaged Navigant Consulting, Inc. (NCI), to assist it in reviewing the proposals. NCI reviewed the proposals, prepared economic analyses of the proposals and participated in a number of conference call meetings with City staff in order to refine the analysis and to coordinate the economic review with the parallel review by City staff of issues relating to the construction of physical interconnects, if any, contemplated in the proposals. This report presents NCI's analysis and findings resulting from its review of the economics of the proposals. A. Summary of Proposals: 1. El Paso Merchant Energy (Et Paso) E1 Paso is the current supplier to the City. The current service agreement with El Paso expires on July 1,2001. El Paso was not willing to extend the agreement under its current terms. E1 Paso provided an adequate response to the RFP, covering gas quality specifications, marketing promotions, and past performance. Since E1 Paso is the current supplier, the necessary interconnections to the City's distribution system are already in place. El Paso proposed complex pricing terms. They encompassed a schedule of monthly baseload volumes, combined xxith various levels of swing volumes to be selected at the City's choice. The baseload volume would be priced using a monthly index as published in a commonly-used industry trade journal. For any quantities designated as "baseload" but not taken, El Paso would pass on to the City any loss it may incur in disposing of the excess gas supply. Swing supplies taken above the baseload volume would be priced at the daily price determined in the natural gas spot market on the day of delivery of the gas or, if greater, on the day following delivery of the gas. A reservation charge of $0.39 per MMBtu would apply in addition to the daily spot price. This premium payment would be required to guarantee the City's access to supplies in excess of baseload volumes, and would thereby have the intended effect of extracting from the city sufficient payment up front to indemnify El Paso from upside price risk, with no similar protection provided to the City. El Paso proposed a maximum daily delivery of 80,000 MMBtu. It did not propose a pricing mechanism should extreme cold weather conditions occur that could push demand higher than 80,000 MMBtu. Navigant Consulting, Inc. I May 24, 2001 Evaluation of Proposals to Natural Gas Supply RFP 2. Houston Pipe Line (HPL) HPL is a subsidiary of Enron Corporation. It is very well-known in the natural gas industry, and provides service to a number of"human needs" entities. HPL did not propose to make deliveries at all of the physical locations specified by the city in its RFP. HPL also provided an adequate response to the remaining proposal provisions of gas quality specifications, past performance, and marketing promotion. HPL proposed construction of four new interconnections, and seeks to recover the capital cost of $I,364,648. HPL made provisions to convey ownership of the associated gas pressure regulation to the city, and under conditions of future cessation of business and disconnect with HPL, would transfer ownership of measurement facilities. HPL's pricing terms were also somewhat complex, and although not to the degree that El Paso proposed, shifted a considerable degree of daily swing price risk to the City. Unlike El Paso, HPL did provide terms for securing gas needed on abnormally cold days, albeit at the open market prices of the day. HPL's proposal specified a summer baseload volume of a monthly index plus 18 cents and a somewhat larger winter basetoad volume, with a premium of 25 cents. Volumes taken in excess of baseload would be priced in two tiers, with the premium price escalating for the top volume bracket. Although HPL did not seek to recover costs for volumes taken that are less than the baseload volumes specified by HPL, volumes taken in excess of baseload (swing) were priced at the high end of the spot market based on a daily published range of prices, with a further provision that HPL may select the higher price given on the day of flow, the day before flow, or the day after flow. 3. National Energy and Trading (NET) NET is a relatively new service provider and is not well known to the City or to NCI. Its proposal addressed all of the RFP provisions. NET proposed to deliver gas to all of the physical locations identified by the City in the RFP or where more appropriate, subcontract with the existing pipeline for transportation to a pre-existing interconnect (such as for the farm taps) - an arrangement that the existing provider uses to deliver gas to certain portions of the city's distribution system. The new interconnects proposed by NET would increase the City's opportunity to obtain access to more than one potential supplier, thereby increasing its competitive opportunities as suppliers begin to compete against each other for the right to serve the City. NET proposed a schedule of payments totaling $2,190,000 to cover the cost of construction of these intemonnections. As a result of negotiations between the City and NET, the City will pay $2,259,952 over a three year period, and gain enhancements over the interconnects originally proposed. In return, the City will have access to sufficient capacity in the new system to supply the city's needs for the life of the pipelines~ with access to such capacity not tied to future supply agreements with NET. NET will operate and maintain the facilities, and after the first five years, ~vill assess the City a transport charge. NET proposed to deliver all of the natural gas needed by the City (known as a "full requirements" contract); all of the gas x~ould be priced using a monthly index as published in a commonly-used industry trade journal, pins a premium ors 0.20 per MMBtu. This arrangement benefits the City by providing access to supplies to serve extreme loads without exposing the City to price risk in the daily spot market for those incremental volumes. NET's generally more straight-forward pricing will be relatively less time consuming to monitor. Navigant Consulting, Inc. 2 May 24, 2001 Evaluation of Proposals to Natural Gas Supply RFP B. Evaluation Of Proposals: NCI performed a limited evaluation of HPL's response, as it was deemed to be incomplete: it simply did not propose intemonnection at all physical points identified in the RFP. Moreover, offering a weighted average baseload price of 23 cents per MMBtu xxith swing takes subject to daily price risk, it did simply not beat NET's 20 cents per MMBtu. Leaving El Paso and NET to evaluate, NCI quickly found that the huge reservation charge on swing takes above a baseload quantity could not be made economic under any combination of baseload and swing volumes at the premiums proposed by El Paso. El Paso's "Case 2" appeared to most closely match the City's likely needs for baseload and swing volumes. NCI calculated the total cost of El Paso's up front swing premium as adding $2.7 MM of cost to the City -- in addition to the monthly indexed commodity cost of gas. NCI conducted further analysis of the El Paso pricing proposal using actual gas consumption data for the past two years, as provided to us by the city. This allowed NCI to evaluate how varying the proportion of baseload to swing volumes might affect the total cost of gas to the City under El Paso' proposal. Increased baseload volumes, as would be permitted by the terms of El Paso's proposal, could, in fact, reduce the amount of gas volume subject to the swing premium: however, this would then trigger a corresponding increase in costs associated with the "keep whole" provision on the baseload quantity. NCI evaluated various baseload volume scenarios and options suggested by City staff in our several conferences held during the evaluation process. We have referred to these options as "Case 4" and in the table below listed the result most favorable to the proposer. NCI's analysis shows that the City could indeed Io~ver the up-front swing premium by selecting a different schedule of monthly baseload volumes, and even after taking into account the corresponding increase in other costs (such as those associated with keeping E1 Paso whole on days when the City did not take the full baseload volume), reduce the total cost of gas to the City under E1 Paso's pricing terms. Even after the effort to optimize selection of baseload and swing volumes against E1 Paso's pricing terms, however, NET's proposal remains lower. Table 1 compares the El Paso and NET pricing. The total cost above the monthly indexed commodity cost of gas, excluding any variable costs, is presented in the second column. A "per unit" cost above monthly indexed commodity cost of gas for El Paso Case 2 and Case 4 and NET are presented in the third column. These unit costs include the variable costs associated with the proposers price structure. In addition, Table I demonstrates the effect on cost of the City's $2,259,952 payments to NET, amortized in this example over period of 5 years. NET offers the lowest cost under either measure. Table 1. Comparison of EP and NET Proposals Proposal Option Total Cost above Unit Cost above Index Index El Paso Case 2 $2.7 MM $0.98 El Paso Case 4 $1.8 MM $0.66 NET $0.7 MM $0.20 NET, w/payments $1.2 MM $0.33 Navigant Consulting, Inc. 3 May 24, 2001 Evaluation of Proposals to Natural Gas Supply RFP C. Reference Check National Energy & Trade, LLC ("NET") is a privately held company incorporated in the state of Texas in 1996, whose primary business is the marketing and trading of natural gas. The principals of the company include Joe M. Gutierrez and Jerry C. Dearing. NET's focus has been marketing to end-use consumers. Its current customers include power generators, industrials, and municipalities. NET is actively developing several pipeline projects in conjunction with new and existing power plants, as well as industrial consumers. NET trades on the Texas Intrastate pipelines, as well as several interstate pipelines, and is currently expanding into the Southeast market. Because NET was not well-known to NCI, or the City, and it has no 10-k on file with the Securities and Exchange Commission as it is not publicly-held, NC1 assisted the City in conducting a general reference check in order to verify NET's ability to honor potential obligations to the City. This process included completing interviews with six individuals identified by NET, who represented both customers and suppliers of gas to NET. These included contacts at Texas Tech University,, Entergy Corporation, Mitchell Energy Corporation, and Texaco Natural Gas. These contacts reported uniformly that NET has performed absolutely on its contracts and obligations, that it is attentive and communicative with its customers; that it promptly and accurately invoices its customers, that it promptly pays its suppliers, and that it has maintained good credit. The contacts reported that NET's two principals are well-known and have been active in the natural gas industry for more than fifteen years. None of the references with whom NCI spoke had any knowledge of previous or potential problems, operationally or financially NCI also spoke with NET's banking reference, BNP Paribas. BNP Paribas is a large bank that is active in financing the energy industry. BNP Paribas indicated that NET has delivered on its promises to the bank, that its business strategy is conservative rather than speculative, and that it has a line of credit sufficient to cover any repurchases of natural gas that might be necessary should NET fait to deliver natural gas as promised. D. Findings Overall, the NET proposal is the most economic. It beats the El Paso proposal on all parameters. NET adds additional intemonnects to the City's existing infrastructure; NET will not ultimately control access to these interconnects. The end result is that the City will have greater competitive alternatives in the fiaure. The immediate result is natural gas supply priced lower than available from any of the other proposers. NET also offers to meet extreme peak demand without imposing additional costs and offers a simpler pricing proposal overall, adding a single (and lowest, compared to the other proposers) premium to the monthly commodity cost of gas for all volumes taken. Navigant Consulting, Inc. 4 May 24, 2001 RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE TO EXECUTE A FIVE YEAR NATURAL GAS SUPPLY, TRANSPORTATION, AND FACILITIES CONSTRUCTION CONTRACT WITH NATIONAL ENERGY & TRADE, L.L.C., FOR THE PURCHASE OF 100% OF THE CITY'S NATURAL GAS REQUIREMENTS TO BEGIN ON JULY 1, 2001 AND EXPIRE ON JULY 1, 2006 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee is authorized to execute a five year Natural Gas Supply, Transportation, and Facilities Construction Contract with National Energy & Trade, L.L.C., for the purchase of 100% of the City's natural gas requirements to begin on July 1, 2001 and expire on July 1, 2006. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 24th day of May, 2001. James R. Bray Jr. City Attorney A R. Ja~Rel'ning / First'Assistant City'Attorney Samuel L. Neal, Jr. Mayor R11205B1,wpd 17 CiTY COUNCIL AGENDA MEMORANDUM May 29, 2001 Agenda Item: Motion approving the submission of FY 2001-2002 Community Youth Development Programs in the amount of $500,000 to the Texas Department of Protective and Regulatory Services as recommended by the 78415 Community Youth Development Steering Committee. Issue: The Texas Department of Protective and Regulatory Services (TDPRS) anticipates continued funding for the Community Youth Development (CYD) Program in various cities throughout the state. The City of Corpus Christi may apply for a fifth year of funding in the amount of $500,000 for Fiscal Year 2001-2002 to be used for programs in the 78415 ZIP Code area. The City serves as the Fiscal Agent and not the Grant Administrator as in other program areas. The 78415 CYD Steering Committee has utilized an objective consensus scoring tool for all proposals submitted. Their recommendation to City Council is based on many hours of review and consideration. Any changes to the Steering Committee's recommendation bythe Fiscal Agent will cancel any contract with TDPRS for 78415 Community Youth Development Program funds for Fiscal Year 2001-2002, and the 78415 ZIP Code area will not receive any funding, in order to be considered for funding in Fiscal Year 2001, proposals must be delivered to TDPRS by Friday, June 15, 2001. Background Information: On May 27, 1997, the City Council approved a transfer agreement with the Workforce Development Corporation pertaining to the Community Youth Development Contract with the Texas Department of Protective and Regulatory Services (TDPRS) for the 78415 CYD Program, and executed a contract with TDPRS. Council also passed a resolution (~)22938) establishing the Community Youth Development Steering Committee. Since then the City has served as the Fiscal Agent for the program and entered into subcontracts with many community agencies for CYD service. This year's are subcontracts with Communities In Schools, Inc., Housing Authority of Corpus Christi, Park and Recreation Department, and Youth Odyssey, Inc. (Ordinance #024140). Future Council Action: If the proposal is approved by TDPRS, Council will be able to approve a contract between the City of Corpus Christi, TDPRS, and the various subcontractors. Page 2, Agenda Memorandum Community Youth Development Steering Committee Review: The 78415 Community Youth Development Steering Committee used a comprehensive process for their consideration of seven separate program proposals. First of all, each Steering Committee member reviewed each proposal using a specifically developed evaluation form. Then the Steering Committee met and reached a consensus score on all proposals. Funds were then allotted beginning with the highest ranked proposal until all the available funds were distributed. Because there were not enough funds available to cover the fourth proposal, negotiations were held with the agency that requested the most funding with Communities in Schools, Inc. to reduce their requested amount by $40,552.00, in order to fund the fourth ranked proposal. The CYD Steering Committee approved the program package in a special called meeting on May 10, 2000. Recommendation: Staff recommends approval of the proposed programs for the 78415 ZIP Code area. Marco A. Cisneros, Director Park and Recreation Department ADDITIONAL SUPPORT MATERIAL Background Information Contract Summary Ordinance/Resolution Map(s) [3 CITY COUNCIL AGENDA MEMORANDUM Additional Background Information BACKGROUND: On March 28, 2001, TDPRS informed all CYD contractors (including the City of Corpus Christi) of the anticipated funding level ($500,000) for Fiscal Year 2001-2002. In preparation, the City, as current Fiscal Agent, called for proposals from the community. Public notice of this was advertised in the newspaper February 10 and 17, 2001 and all current subcontractors were informed. Seven proposals requesting funding for $ 597,869.00 ware reviewed. The 78415 Community Youth Development Steering Committee received eight hours of intensive training in the consensus scoring process from State-sponsored trainers after a careful refinement of the Request for Proposal and Evaluation Tool. The Steering Committee had also considered the City Council's suggested changes to the new RFP. The Steering Committee received proposals at its March 15, 2001 regular meeting and began their review for the Fiscal Year 2001 - 2002. After reviewing the seven proposals submitted, the Steering Committee scheduled four consecutive Thursday special called night meetings to complete the consensus scoring process for all seven proposals submitted. On May 10, 2001, the 78415 Community Youth Development Steering Committee voted to recommend the following proposals for submission to TDPRS: 1. Boys and Girls Club Teen Youth Development Program $ 20,318 2. Communities In Schools Mentoring, Activities, and Pre-employment Program 351,218 3.' Park & Recreation Department Summer Youth Recreation Program 20,449 4. Youth Odyssey, Inc. 33,714 5. Fiscal Agent (contract management fees) 74,301 $ 500,000 Page 2, Additional Background Information The proposals must be received by TDPRS by June 15, 2001 in order to be considered for funding under the Community Youth Development (CYD) Program. According to TDPRS policy guidelines for the CYD Program, it is not within the Fiscal Agent's power to adjust or amend the funding recommendation of the Steering Committee. Any changes to the Steering Committee's recommendation by the Fiscal Agent will cancel any contract with TDPRS for the Community Youth Development Program and the 78415 ZIP Code area will not receive any funds. In 1995, the Texas Department of Protective and Regulatory Services developed a program to fund local grass roots efforts in the highest juvenile crime areas of the state by ZIP Code. The program sought to create activities that ware not currently available within the local 78415 ZIP Code area. These activities ware made available to youth ages 17 and under. Eligible activities must fall within the following categories: mentoring, activities, employment or education. In FY 98-99, thirteen ZIP Codes in thirteen cities (McAllen, Galveston, El Paso, Amarillo, Corpus Christi, Brownsville, Austin, Houston, Fort Worth, Dallas, San Antonio, Waco, Lubbock) each received $500,000 to either continue the same youth programs started the previous year or begin new programs. For FY 97-98, CYD programs for the 78415 ZIP Code expended $511,747.91 of the $566,764.40 awarded. The total subcontractor participant goal of 3,718 was surpassed as 9,095 youth ware served cumulatively during the 97-98 fiscal year, September 1, 1997 to August 31, 1998. On June 23, 1998, the City Council approved nine programs locally. These programs were the Mentoring and Activities Program with Communities In Schools, the Summer Activities Program with the Park and Recreation Department, the Computer Outreach Program with the Corpus Christi Public Library, Community Connection Volunteers and ROPES Program with C.C.I.S.D., the Project J umpstart with the Volunteer Center of the Coastal Bend, the YTeen Program with the YWCA of Corpus Christi, the 78415 Girl Scout Troop Program with the Paisano Girl Scout Council and Camp Genesis with the Corpus Christi Housing Authority. Services began on September 1, 1998. In December 1998, TDPRS informed all CYD contractors of an opportunity to receive up to an additional $32,600 to add new programs for youth services in the 78415 ZIP Code. Public notice of the request for proposals was advertised in the newspaper and proposal request packets were mailed to outside organizations and all current subcontractors. On February 16, 1999, the City Council approved the programs recommended by the Community Youth Development Steering Committee to create additional services for the youth in the 78415 ZIP code. These programs ware Family Camping Weekend and Riding Camp provided by the City of Corpus Christi Park and Recreation Department and a Summer Academic Camp provided by Fannin Elementary School (Corpus Christi Independent School District). With the additional funding, the Community Youth Page 3, Additional Background Information Development Program totaled $ 532,600 for Fiscal Year 1998-1999. For the cumulative period September 1, 1998 to August 31, 1999, 12,706 youth were served by the 78415 CYD programs, greatly surpassing the subcontractor goal of 4,048. On June 22, 1999, Council approved 5 programs for Fiscal Year 1999-2000 totaling $500,000. These programs were the Mentoring and Activities Program with Communities in Schools, Inc., the 78415 Troop Program with the Girl Scouts Paisano Council, the Youth Recreation Program with the Park and Recreation Department, the Family Matters/Project JumpStart Program with the Volunteer Center of the Coastal Bend, and the Adventure Challenge Program with Youth Odyssey, Inc. Services began on September 1, 1999 and ended August 31, 2000. Cumulatively, 4,333 youth were served by the 78415 CYD program. The City Council approved 4 programs totaling $500,000 for the fourth year of the program, Fiscal Year 2000-2001. These programs ara the Mentoring and Activities Program with Communities in Schools, Inc., the Recreation Center Program with the Housing Authority of Corpus Christi, the Youth Recreation Program with the Park and Recreation Department, and the Adventure Challenge Program with Youth Odyssey, Inc. Services began on September 1, 2000. For the cumulative period September 1, 2000 to April 30, 2001, 5,067 youth have been served by 78415 CYD program. 78415 Community Youth Development 784f5 Zip Code Boundaries (Does not include 78415 Rural Route) Tarlton Blevins ~S. Staples Gollihar ~ McArdle S.P.I.D. t- m Holly Saratoga 78415 Community Youth Development Program Proposals September 1, 2001 to August 31, 2002 PROPOSER Boys & Girls Communities In Park & Youth Odyssey Fiscal Agent: TOTAL Recommended Funding FY2002 Club Schools Recreation $ 33,714 City of $ 500,000 Corpus Christi Name of Proposed Teen Youth Mentoring, Activities, Summer Youth Adventure Challenge Provide coordination Program Development Program and Employment Recreation Program Program and administration of Program 76415 CVD Program. Days and Hours of Schad: 34p, M•Th During =hoot year, M- 6 weeks In June/July 20 trips, and 10 WA Operation 3-6p, Fd F,Be -Bp. Summer M -F, 11■ -4p. sessions over 12 School Holiday. 8a•5p program during June months Summer: 6a -bp and July, M • F, Be - 4:30p. Target Age Group Middle and High School 7 -17 years a -15 years 12 -17 years of age WA who live in the 76415 am Number of Youth 1 150 unduplicated 1,700 unduplicated 100 unduplicated 150 unduplicated WA 2,100 unduplicated Parents to be served Service Silvia) 3902 Greenwood, South Park MS (3001 One of folkyMng: Camping trips to State WA 76416 McArdle, 76415); Baker Central Park Elam Part. MS (3445 Pecan, (3602 McArdle, Mobile climbing wall: La Armada 76411); Lexington Elam 75415); Lexington Martin MS (3502 5701 Apm,76415 (2901 McArdle, 76415); Elam (2901 McArdle, Greenwood, 78416); Travis Elam (3210 78415); or Fannin Ray HS (1002 Texan Churchill, 78415): Elam (2730 Golliher, Trail, 78411); Baler Houston Elam (363 78415). MS (3445 Pecan, Norton, 76415; Del Mar 78411); South Park Collage (Baldwin at MS (3001 McArdle, Ayers, 76404) 78415); Boys 6 Girls Club at La Armada, Lea ward and Parkway Recreation Centers (all in 76415). Requested Funding $ 20,316 $ 391,770 $ 20,449 $ 33,714 $ 69,531 $ 555,782 FY 2001 Budget WA $ 333,355 $ 20,141 $ 37,137 $ 69,531 $ 500,000 Recommended Funding FY2002 $ 20,318 $ 351,216 $ 20,449 $ 33,714 $ 74,301 $ 500,000 Page 78415 Community Youth Development Program Scoring and Recommendations for FY2001-2002 Consensus Amount Amount to be Recommended % Score Proposer Requested Reduced Amount Reduction 96 Communities in Schools 391 770.001 40,552.00 351,218.0(~ 10.4% 88 Youth Odyssey 33,714.00 0.00 33,714.0(~ 0.0% 87 Boys & Girls Club 20,318.00 0.00 20,318.0C 0.0% .................................................................................85 .Park & Recreation ..- 20,449.0.0... .0...0__0..~ ....... .2_0.,_4.4_ .9_,_0.C..,. ............... 0,0% 65 Housing Authority of CC 30,000.00 n/a 57 Tejano Academy of Fine Arts 38,085.00 n/a ........ .4j_ ........ .A..v.a.n..c.e. ............................... .S.3_ ,.S..3_3.:.0.0 ................. _n_/_a. Fiscal Agent (contract fees) 89,531.00 15,230.00 n/a n/a 74,301.0~:, 17.0% 500,000.00 1. The 78415 CYD Steering Committee recommends that ClS, Youth Odyssey, Boys & Girls Club, and Park & Recreation be service providers for 78415 CYD for FY2002. ClS will reduce their proposed budget by $40,552, and Fiscal Agent will reduce their budget by $15,230 to accomplish Steering Committee's recommendation. 2. Steering Committee requests that ClS assume the contractual responsibility for the Youth Leadership Component as outlined by TDPRS. ClS will integrate the Youth Leadership Component as outlined by PRS into their amended budget. - ~ CITY COUNCIL AGENDA MEMORANDUM Date: May 29, 2001 AGENDA ITEM: Motion authorizing the City Manager or his designee to accept a grant in the amount of $146,790 fi.om the State of Texas, Office of the Govemor, Criminal Justice Division for funding eligible under the FY 2001 Juvenile Accountability Incentive Block Grants Program and to execute all related documents to establish a Juvenile Court within Municipal Court. B. Appropriating $146,790 in the No. 1050 Federal/State Grants Fund from the State of Texas, Office of the Governor, Criminal Justice Division and transferring $16,310 fi.om No. 1020 General Fund and appropriating it in the No. 1050 Federal/State Grants Fund as matching grant funds to establish a juvenile court within Municipal Court; and declaring an emergency. ISSUE: The Governor's Criminal Justice Division is awarding Juvenile Accountability Incentive Block Grant funds to local units of government to promote greater accountability in the juvenile justice system. Funding: The funds must be used within 12 stated purpose areas in an effort to achieve the greatest impact on reducing juvenile delinquency, improve the juvenile justice system, and increase the accountability for juvenile offenders. The grant funds may not exceed 90% of total program costs and participation requires a 10% cash match of $16,310 to be provided fi.om Municipal Court Administration's current year budget. ..REQUIRED COUNCIL ACTION: City Council must accept the grant and appropriate the funds. RECOMMENDATION: Staff recommends accepting and appropriating. Director of Municipal Court ADDITIONAL SUPPORT MATERIAL Background Information AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION The City of Corpus Christi Municipal Court has been designated to receive funding in the amount of $146,790 under the FY 2001 Juvenile Accountability Incentive Block Grants Program through the State of Texas to establish a Juvenile Court within Municipal Court. The funds must be used within 12 stated purpose areas in an effort to achieve the greatest impact on reducing juvenile delinquency, improve the juvenile justice system, and increase the accountability for juvenile offenders. The funds must be expended within 24 months. The grant funding requirements have a distribution requirement of 45 and 35 percent minimums to be used in specific purpose areas; however, a waiver may be granted for the distribution requirement if the local unit of govemment can certify that the interest of public safety and juvenile crime control would be better served by expending funds in a different proportion. The City has requested and the State has approved a waiver in order to use the full amount of funding for the primary purpose area of establishing and maintaining a juvenile court with dedicated resources to manage and adjudicated juvenile offenders. Our objective is to provide early intervention to assist the juvenile who repeatedly commits serious delinquent or criminal acts. Under this proposal, the funds will be used to physically establish a juvenile court with dedicated personnel and resoumes to work with only juvenile offenders. This grant provides the following dedicated resources: a full time prosecutor, a part time Judge and support staff. The City will be submitting a grant budget adjustment to use grant monies to purchase computer equipment, minor remodeling needs and to pay the first year's lease. This court will manage it's own docket and resources to address the ever increasing number of juvenile cases pending before the court. We are considering the placement of the Juvenile Court near the Juvenile Assessment Center, which will facilitate court-ordered provision of case management services. Another advantage will be the ability to segregate juvenile cases Rom the typical adult cases handled by Municipal Court. Juvenile cases are unique and require a wide range of services; many times the curfew, truancy and the disorderly conduct offense are merely symptoms of severe problems within the family unit. ORDINANCE APPROPRIATING $146,790 IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FROM THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION AND TRANSFERRING $16,310 FROM NO. 1020 GENERAL FUND AND APPROPRIATING IT IN THE NO. 1050 FEDERAL/STATE GRANTS FUND AS MATCHING GRANT FUNDS TO ESTABLISH A JUVENILE COURT WITHIN MUNICIPAL COURT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $146, 790 is appropriated in e No. 1050 Federal/State Grants fund from the State of Texas, Office of the Governor, Criminal Justice Division, eligible funding under the FY 2001 Juvenile Accountability Incentive Block Grants Program to establish a juvenile court within Municipal Court. SECTION 2. That $16,310 is transferred from the No. 1020 General Fund and appropriated in the No. 1050 Federal/State Grants Fund as matching grant funds, to establish a juvenile court within Municipal Court. SECTION 3. 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 ,2001. · ATTEST: THE CITY OF CORPUS CHRISTI 'Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor LEG^L FOra ^ePROVEO , 2001; J^MES R. JR., Cln' ^rro N£¥ By: Lisa Aguilar, As~stant City Attomey 19 City Council Agenda Memorandum May 23, 2001 Agenda Item: Resolution Authorizing the City Manager, or the City Manager's designee, to submit a Coastal Impact Assistance Program grant application to the Texas General Land Office in the amount of $2,000,000 for dredging shoaled areas within the marina. Issue: This heavy commercial vessel traffic wave/wake action has moved sand causing extensive shoaling throughout the Marina. A breakthrough washout of the sand, which forms the island sanctuary between Corpus Christi Bay and the Marina, is imminent. This has and continues to result in severe damage to the area's ecosystem. Shoaling within the Marina has created a recreational boating hazard, impeding boating traffic throughout the area thus causing grounding as well as increasing the potential and risk of collisions. Background Information: Texas will receive $26.4 million through the federally funded Coastal Impact Assistance Program. These funds were divided into state and local portions. The General Land Office is accepting applications to fund $8.5 million of the state's portion. Only coastal communities are eligible to receive funding from this source. Implementation Schedule: The proposals are due May 31, 2001. Recommendation: Staff recommends approval of resolution as presented. Marco A Cisneros Director Park and Recreation Department Project Title: BACKGROUND INFORMATION Sunfish Island Expansion and Habitat Enhancemems and Corpus Christi Marina Maimenance Dredging May23,2001 The City of Corpus Christi proposes to perform maintenance dredging in hazardous boating locations within the Marina and use the shoaling sand material to restore the Sunfish Island Wildlife Sanctuary. This Habitat Restoration Project addresses both the need to restore wildlife habitat at Sunfish Island and provide a resolution for boating hazards. Restoring Sunfish Island will establish a premiere nature tourism site in the City of Corpus Christi. This part of the project requires two phases. In the first phase, will include design and engineering planning ($265,000), Restoring Habitat and Seagrass at Sunfish Island ($245,000), and partial dredging of the Marina ($850,000). The second phase will include dredging the remaining sections of the Marina ($450,000). (See Section 5). Total for this project is $1.81 million. In addition, the City proposes to construct viewing platforms with viewing scopes to promote wildlife appreciation. The viewing platforms that will be located along the Seawall adjacent to the Corpus Christi Marina, will be accompanied by educational signage. Marina Officials will develop birding and marine safety brochures in partnership with the Coastal Bend Bays and Estuaries Program. These brochures will be distributed by the Marina and made available to the Corpus Christi Convention and Visitors Bureau and other organizations and individuals as requested. In addition, signage and channel markers will be installed to promote safe boating. This part of the proposal will be completed in two phases. The first phase will include installation of boating signage, wildlife educational signage, channel markers, construction of part viewing platforms, and installation of viewing scopes. ($140,000). Phase two will include installing additional viewing platforms and viewing scopes along the marina. ($50,000). Total for public education ($190,000). This project will greatly benefit the public, the economy and natural resources. Expansion and enhancements to Sunfish Island will significantly upgrade the Island's current value as habitat for fish and wildlife. Due to the Sunfish Island's unique relationship to Corpus Christi's Waterfront/Tourist Cemer, the improvemems to the island will enhance its value as a tourist attraction as many visitors view the Island's concentration of birds from the nearby seawall and the Marina. Maimenance dredging improvemems will directly benefit the public by providing safer and more convenient access to Corpus Christi Bay. Users of the public boat ramps within the marina, largely recreational boaters, will benefit. Marina tenants, including owners of recreational as well as commercial vessels, will benefit from the reduced risk of injury or damage to equipment. The economy will benefit from increased use of the marina resulting from the increased depths and wider maneuvering space provided by the maintenance dredging activity. This will attract vessels to our community, thereby increasing tourism. CIAP does not require matching funds. RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO SUBMIT A COASTAL IMPACT ASSISTANCE PROGRAM GRANT APPLICATION TO THE TEXAS GENERAL LAND OFFICE IN THE AMOUNT OF $2,000,000 FOR DREDGING SHOALED AREAS WITHIN THE MARINA NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit a Coastal Impact Assistance Program Grant application to the Texas General Land Office in the amount of $2,000,000 for dredging areas within the Marina that have shoaled due to vessel traffic, tides and currents, and debris from storm water outfalls. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secreta~ APPROVED: 21s~' day of May, 2001. Samuel L. Neal, Jr. Mayor James R. Bray Jr. City Attorney R14028A1 doc 20 AGENDA MEMORANDUM AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a contract with Competitive Communications Group (CCG) the estimated amount of $21,000 to perform Franchise Fee Audits on Central Power & Light Company and Southwestern Bell. ISSUE: The City reviews franchise fees received for accuracy and completeness, assuring that all revenues, which should be included in the computation of franchise fees, are included. The review period is to cover fiscal years 1994-1999 (5 years). Should the 5-year review indicate that an expansion in scope is warranted the City may negotiate an amendment to the audit contract to extend the audit period to include prior years. FUNDING: Funding is provided in the 2001-2002 budget for approval during the budget process. REQUIRED COUNCIL ACTION: Approval of motion to award the contract. RECOMMENDATION: The Nominating Committee recommends that the City Council award a contract in the estimated amount of $21,000 to Competitive Communications Group (CCD) to perform the Franchise Fee Audit on Central Power & Light Company and Southwestern Bell Telephone. ~'-~e ~g~o r(~:~'nead~ci a I Services Attachments: 1. Background Information 2. Contract Summary 3. Contract \\CITYHALL02\USERS\BUS-DIR~SHARED\FRANCHIS\Franchise Audit Agenda Item. DOC BACKGROUNDINFORMATION: The City's Franchise Fees Agreements to be included in the scope of this audit are as follows: Central Power & Light Company - (Subsidiary of Central & South West Corporation) > Present Term expires December 31, 2001. > Franchise fee of 4% of gross receipts within city limits. > Annual franchise revenues approximately $9 million. > Audit period: Fiscal Year 1994 thru Fiscal Year 1999. Southwestern Bell Telephone > Most recent agreement effective September 8, 1997 through September 7, 1999. > Municipal consent fee based on number of residential and non- residential lines within the city limits, multiplied by a monthly rate per line. > Annual municipal access line fees approximately $4 million. > Audit period: Fiscal Year 1994 thru Fiscal Year 1999. History: The last audit wes conducted in 1988 of Central Power & Light Company for the 5-year period of 1983 - 1987. The most recent Southwestern Bell agreement has not been audited. On May 23, 2000 a request for authorization to issue proposals for audit of franchise fees of Central Power & Light Company and Southwestern Bell wes authorized by the Council in Motion No. M2000-157. The Nominating Committee comprised of Jorge G. Cruz-Aedo, Director of Financial Services, Michael P. Harty, Controller, Constance Sanchez, Assistant to the Director of Financial Services, Nancy H. Mrazek; A/R-Collections Manager and Dorothea Montoya, Cash Management reviewed the three-(3) proposals received. Firms that submitted proposals are as follows: 'Fiml Competitive Communications Group Location 8140 North Mopac Westpark I, Suite #120 Austin, TX 78759 Pricin,q Proposal $21,ooo DMG- Maximus, Inc. 8303 Southwest, Suite #900 Houston, TX 77074 $65,004 Fields, Nemec & Co. 501 S. Tancehua Post Office Box 23067 Corpus Christi, TX 78403-3067 $13,200 H:\BUS_DIR\SHARED\FRANCHISX, Franchlsc Audit Agenda Item. DOC CONTRACT SUMMARY Services: Audit of franchise fees received from Southwestern Bell and Central Power & Light during fiscal years 1994 through 1999 Contractor: Competitive Communications Group 8140 North Mopac Westpark I, Suite 120 Austin, Texas 78759 Costs: Not to exceed $21,000 Timeline to Perform Audit: 90 calendar days AUDITOR CONTRACT WltEREAS, the City of Corpus Christi (hereinafter referred to as "CITY") desires to obtain professional services to perform an audit of franchise fees received by CITY from Southwestern Bell (hereinafter referred to as "SWB") and Central Power & Light Company (CP&L); and WHEREAS, the City has evaluated the professional responses received and selected Competitive Communications Group based on demonstrated competence and qualifications to perform the SWB and CP&L franchise fee audits; NOW, THEREFORE, THIS CONTRACT is made and entered into by and between the City of Corpus Christi, Texas, a Texas municipal corporation (hereinafter referred to as "CITY") and Competitive Communications Group (hereinafter referred to as "AUDITOR'). 1. PURPOSE Auditor shall, for and in consideration of the payment of the sum of money hereinafter specified, perform audit of franchise fee payments received from Southwestem Bell and Central Power & Light Company as required herein. 2. DESCRIPTION OF SERVICE AUDITOR'S services hereunder shall include, but shall not be limited to, the following: AUDITOR shall perform all the services as set forth in the CITY'S request for proposals attached hereto as Exhibit "A" and AUDITOR'S proposal of October 27, 2000, attached hereto as Exhibit "B,' both of which are made a part of this Contract for all purposes. This Contract, the Request for Proposal, and AUDITOR's proposal shall constitute the contract documents. All requirements, terms, and conditions stated in this Contract shall supersede any other document. Any inconsistencies will be resolved in the following order of priority: (i) This Contract (ii) The Request for Proposals, as amended; and (iii) AUDITOR's proposal of October 27, 2000. AUDITOR shall work closely with the Director of Financial Services or his designee (hereinafter referred to as "DIRECTOR"). The DIRECTOR is responsible for approval of all phases of performance and operations under this Contract, including authorizations for payment. All of AUDITOR's notices or communications regarding this Contract must be directed to the DIRECTOR. AUDITOR shall perform any and all related tasks required by the DIRECTOR in order to fulfill the purpose of this Contract. Co AUDITOR shall deliver all data, reports, and documents, which result from its services to the DIRECTOR in such form as is satisfactory to the DIRECTOR. o AUDITOR shall perform a sample audit of the Franchise fee receipts. If the sample audit reveals significant revenues due to the CITY, the audit may be expanded to a complete audit of all franchise fee receipts. The decision to pursue a complete audit shall be at the discretion of the CITY and shall require an amendment to this Contract as provided by Section 6., Changes in Services. The AUDITOR will be compensated for the same or completed audit of the franchise fee receipts on the same terms specified in Section 5., Payment for Services. PERFORMANCE OF SERVICES AUDITOR and its employees or associates shall perform all the services under this Contract. AUDITOR represents that all its employees or associates who perform services under this Contract shall be fully qualified and competent to perform the services described in Section 2. TERM The term of this Contract shall be for ninety (90) calendar days, beginning on date City Manager or designee executes the Contract. AUDITOR understands and agrees that time is of the essence. All services, written reports and other data are to be completed and delivered to CITY by the termination date unless an extension of time, based upon good reasons presented by AUDITOR, is approved in writing by the DIRECTOR. PAYMENTS FOR SERVICES The above services will be performed at hourly rates of $175 for Directors and $40 for Office Administrator. However, the total amount of professional fees charged to the City shall not exceed Nineteen Thousand Dollars ($19,000). Billing will be in thirty minute increments and detailed to show the person who provided the service and the service provided. In addition to these professional fees, CITY agrees to pay travel and out-of-pocket expenses for up to four trips at a cost not to exceed $500 per trip. Additional amounts in excess of $500 per trip for travel and out-of-pocket expenses will not be incurred without the prior written approval of the DIRECTOR. Travel and out-of4pocket expenses are also to be itemized and will be limited to reasonable and customary charges. (For example, first class airfare and luxury suites are not considered reasonable.) All services shall be performed to the satisfaction of the DIRECTOR and the CITY shall not be liable for any payment under this Contract for services which are unsatisfactory, untimely or which have not been approved by the DIRECTOR. The payment due hereunder will be paid on a monthly basis after receipt of the AUDITOR's invoice subject to the approval of the DIRECTOR. If it becomes necessary to file suit to collect the amount due, AUDITOR agrees to cooperate 2 9; 10. with the CITY' in the prosecution of such legal proceedings and to assist in providing evidence in support of the CITY'S claims, including, but not limited to, its personnel testifying as to the audit and its findings. The AUDITOR's participation in any legal proceedings shall be considered CHANGES IN SERVICES described in Section 6 and are not included in the Scope of Services set out in Section 2. CHANGES IN SERVICES CITY through it DIRECTOR may request, from time to time, changes in the scope or focus of the activities, investigations and studies conducted or to be conducted by AUDITOR pursuant to this Contract. Any such change, which varies significantly from the scope of services, set out in Section 2 and which would entail a significant increase in cost or expense to AUDITOR shall be mutually agreed on by AUDITOR and the DIRECTOR. Changes in the scope, which in the opinion of AUDITOR and the DIRECTOR would require additional funding by the CITY, must be authorized in advance. CONFIDENTIAL WORK No reports, information, project evaluation, project designs, data, or ant other documentation developed by, given to, prepared by or assembled by AUDITOR under this Contract shall be disclosed or made available to ant individual or organization by AUDITOR without the express prior written approval of the DIRECTOR. OWNERSHIP OF DOCUMENTS All reports, information, and other data, given to prepared or assembled by AUDITOR under this Contract, and any other related documents or items shall become the sole property of CITY and shall be delivered to CITY, without restriction on future use, even in event CITY terminates Contract. AUDITOR'S LIABILITY Approval of CITY shall not constitute nor be deemed a release of the responsibility and liability of AUDITOR, its employees, agents, or associates for the accuracy and competency 'of their designs, reports, information, and other documents or services nor shall approval be deemed to be the assumption of such responsibility by CITY for any defect, error, or omission in the documents prepared by AUDITOR, its employees, agents or associates. INSURANCE REQUIREMENTS AUDITOR shall procure, pay for, and maintain during the term of this Contract, with a company authorized to do business in the State of Texas and acceptable to CITY, the minimum insurance coverage contained in the Request for Proposal, Section IV, Proposal Content, Paragraph H, Insurance Requirement, attached to and made a part of this Contract. 11. INDEMNITY 3 12. 13. AUDITOR shall defend, indemnify, and hold CITY whole and harmless against ant and all claims for damages, costs, and expenses to persons or property that may arise out of, or be occasioned by or from any negligent act, error or omission of AUDITOR in the execution or performance of this Contract. RIGHTS OF REVIEW AND AUDIT CITY may review any and all of the services performed by AUDITOR under this Contract. CITY is hereby granted the fight to audit, at CITY'S election, all of AUDITOR'S records and billings relating to the performance of this Contract. AUDITOR agrees to retain such records for a minimum of three (3) years following completion of this Contract. NONDISCRIMINATION As a condition of this Contract, AUDITOR covenants that AUDITOR will take all necessary actions to insure that, in connection with any work under this Contract, AUDITOR, its associates and subcontractors, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, or physical handicap unrelated to job performance, either directly, indirectly or through contractual or other arrangements. In this regard, AUDITOR shall keep, retain and safeguard all records relating to this Contract or Work performed hereunder for a minimum period of three (3) years from final Contract completion, with full access allowed to author/zed representatives of the City of Corpus Christi, upon request, for purpose of evaluating compliance with this and other provisions of the Contract. 14. ASSIGNMENT This Contract provides for personal or professional services, and the AUDITOR shall not assign this Contract, in whole or in part, without the prior written consent of CITY. 1-5. TERMINATION CITY may terminate this Contract with or without cause upon written notice to AUDITOR 'with the understanding that all services being performed under this Contract shall cease upon the date specified in such notice. 16. NOTICES All notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing same in the United States mail, postage prepaid, at the address shown below, unless and until either party is otherwise notified in writing by the other party, at the following addresses. Mailed notices shall be deemed communicated as of five (5) days atter mailing. 4 If intended for CITY, to: City of Corpus Christi Director of Financial Services P. O. Box 9277 Corpus Christi, TX 78469-9277 [f intended for AUDITOR, to: Competitive Communications Group Attention: Marilyn J. Fox, Director 8140 North Mopac Westpark I, Suite 120 Austin, Texas 78759 17. 18. 19. INDEPENDENT CONTRACTOR In performing services under this Contract, the relationship between CITY and AUDITOR is that of independent contract, and CITY and AUDITOR by the execution of this Contract do not change the independent status of AUDITOR. No term or provision of this Contract or act of AUDITOR in the performance of this Contract shall be construed as making AUDITOR the agent, servant, or employee of CITY. VENUE The obligations of the parties to this Contract are performable in Nueces County, Texas, and, if legal action is necessary to enforce same, exclusive venue shall lie in Nueces County, Texas. APPLICABLE LAWS This Contract is made subject to the provisions of the Charter and Ordinances of CITY, as amended, and all-applicable State and Federal laws. 20. 21. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenfomeability shall not affect any other provision therefore and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. 22. COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 23. CAPTIONS The captions to the various clauses of this Contract are for informational purposes only and shall not alter the substance of the terms and conditions of this Contract. 24. SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and except as otherwise provided in this Contract, their assigns. 25. ENTIRE AGREEMENT This Contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreement between the parties and relating to matters in this Contract, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this Contract. APPROVED AS TO FORM: James R. Bray, City Attorney CITY OF CORPUS CHRISTI BY BY Assistant City Attomey George K. Noe, Deputy City Manager ATTEST: BY AUDITOR: Authorized O~cerF · Name and Title 6 21 CITY COUNCIL AGENDA MEMORANDUM May 24, 2001 SUBJECT: Rescind authorization of the current cafeteria plan administrator for a new administrator. AGENDA ITEM: A. Motion rescinding previous Motion Number M2000-459, which authorized the City Manager or his designee to execute a four-year contract with Ceridian Company for Cafeteria Plan Administration. B. Motion authorizing the City Manager or his designee to execute a four-year contract with Flex Benefits Administrators to administer the City's Section 125 Cafeteria Plan at estimated annual costs of: $17,694 year one, $17,694 year two, $17,694 year three and $17,694 year four. ISSUE: On December 19, 2000, the City Council authorized a contract with Ceridian for the administration of the City's cafeteria plan of pre-tax employee benefit programs. Ceridian attempted to negotiate provisions that were conWary to specifications. The City could not accept those provisions. Therefore, Ceridian is disqualified. A contract with the next most advantageous proposer, Flex Benefits Administrators, is presented for Council approval. The City endeavors to provide tax-saving benefits to its employees, as allowed by the tax code. Among these benefits are (I) a Premium Only Plan that provides pre-tax savings on insurance premiums for health, term life, dental, cancer and heart/stroke benefits; and (2) two Flexible Reimbursement Accounts that provide pre-tax savings on payroll deducted dollars on behalf of certain, eligible medical and child care out-of-pocket expenses. These pre-tax dollars are deducted from employee wages before taxes are applied. This reduces the taxable income for both employees and the City. Upon rescinding the authorization for the Ceridian contract, a new contract must be awarded for continuity of the City's pre- tax benefit programs. REQUIRED COUNCIL ACTION: City Council approval is required to (1) rescind the authorization of the Ceridian comract and (2) authorize the City Manager or his designee to execute the contract for a new Cafeteria Plan Administrator. FUNDING: Adequate funding is provided through Ordinance No. 024130, which adopted the current .FY 2000-2001 Budget. The costs of the recommended Cafeteria Plan contract are below budgeted expenditures. RECOMMENDATION: It is recommended that the City Council: (1) rescind previous Motion Number M2000-459, which authorized the City Manager or his designee to execute a four-year contract with Ceridian Company for Cafeteria Plan Administration and (2) authorize the City Manager or his designee to execute a four-year contract with Flex Benefits Administrators to administer the City's Section 125 Cafeteria Plan at estimated annual costs off $17,694 year one, $17,694 year two, $17,694 year three and $17,694 year four. j~C~.~Aed~o Director of Financial Services ATTACHMENT A Page One BACKGROUND INFORMATION: The City's Cafeteria Plan provides tax savings through before-tax insurance and benefit deductions, as allowed by IRS Section 125. This reduces the taxable income for both employee and employer tax contributions, such as FICA and Social Security. The pre-tax saving programs are available on a voluntary basis to ail full-time employees. The City contracts with an administrator to handle the day- to-day functions and federal requirements of the City's cafeteria plan, while maintaining compliance of all applicable tax code and other federal guidelines. Through a Request for Proposai (RFP) process, the City received favorable responses from the industry for Cafeteria Plan Administration. Staff reviewed severaicompetitive proposais, inwhich a fewoffer the same services at reduced program costs to the City. Proposais received were evaluated based on the criteria identified in the RFP and also based on the information provided by the respective proposers. The City received six (6) proposals from various administrators, but only four (4) are considered at this time. The fifth proposal by AFLAC Insurance Company and sixth proposal by Ceridian did not satisfy the City's requirements. The four (4) proposals offer cafeteria plan administration at costs ranging from $17,694 to $26,630 annually. See the attached Cost Smnmary of Proposals. The Flex Benefits Administrators (FBA) is recommended for contract award. FBA honors its proposal, the City's RFP requirements and contract. The FBA proposal has an estimated annuai cost of $17,694, while offering budgetary cost savings. The current FY 2000-01 budget allows for cafeteria plan administrative costs up to $26,334. In comparison to FBA's estimated annual cost of $17,694, the estimated cost savings is $8,640. During an em of budgetary constraints, the City is fortunate to be able to maintain current benefits for continuity, yet at lower administrative costs to the City. CONTRACT SUMMARY Section 125 Cafeteria Plan Administration May 24, 2001 COMPANY: The recommended company is Flex Benefits Administrators of Houston, Texas. No quotes from Corpus Christi-based companies. TERM: The contract term is four (4) years. SERVICES: FBA is to administer the City's cafeteria plan, including: (1) Premium Only Plan that provides pre-tax savings on insurance premiums for health, term life, dental, cancer and heart/stroke benefits and (2) two Flexible Reimbursement Accounts that provide pre-tax savings on payroll deducted dollars on behalf of certain, eligible medical and child care out-of-pocket expenses. COST: The estimated annual costs are $17,694 year one, $17,694 year two, $17,694 year three and $17,694 year four. BUDGET IMPACT. The current FY 2000-01 budget allows for cafeteria plan administrative costs up to $26,334. comparison to FBA's estimated annual cost of $17,694, the estimated cost savings is $8,640. In City of Corpus Christi Cafeteria Plan Administration 81#0095-00 Cost Summary of Proposals 4 -Year Cost Projection Based on 5123101 Census Attachment 5123/01 * City requirements not satisfied. 4-YrCafeRank01-SUMMARY052401 Current Cost Flexible Benefits Adm. Mike Select Benefits Svc. Alliance Ceridian AFLAC Year One $ 13,209.50 $ 17,694.00 $ 25,590.40 $ 26,630.00 $ 25,980.00 $ 13,209.50 $ 15,684.00 Year Two $ 13,209.50 $ 17,694.00 $ 24,237.12 $ 25,980.00 $ 25,980.00 $ 13,209.50 $ 14,784.00 Year Three $ 13,552.22 $ 17,694.00 $ 25,688.40 $ 25,980.00 $ 26,652.00 $ 13,552.22 No Response Year Four $ 13,905.22 $ 17,694.00 $ 26,835.12 $ 25,980.00 $ 26,652.00 $ 13,905.22 No Response Total 4 -Year Cost Ranking $ 53,876.44 Current $ 70,776.00 1 $ 102,351.04 2 $104,570.00 3 $ 105,264.00 4 $ 53,876.44 $ 30,468.00 * City requirements not satisfied. 4-YrCafeRank01-SUMMARY052401 City of Corpus Christi Cafeteria Plan Premium Only Plan (POP) SCHEDULE 1 What Does This Plan Do? 1. Pre-Tax Savings that are Tax-Free not Tax-Deferred 2. Reduces Taxable Income Who Benefits? 1. Full-time Employees who have insurance deductions. 2. The City as their employer. How So? 1. Employees' Health, Term Life, Dental, Cancer and Heart/Stroke Premiums are deducted before taxes are applied. So, employees are taxed on a smaller portion of their salary. 2. The City's employer taxes are based on a smaller portion of employee wages. By removing insurance premiums from employee wages first, then the City pays employer taxes only on the remaining balance versus gross wages. City of Corpus Christi Cafeteria Plan SCHEDULE2 Flexible Reimbursement Accounts (FRAs) What Does This Plan Do? 1. Pre-Tax Savings that are Tax-Free not Tax-Deferred though two separate accounts: A. Medical Out-of-Pocket Expenses ]3. Child Care Expenses 2. Reduces Taxable Income Who Benefits? 1. Full-time Employees who intend to use their salary to cover certain medical and/or child care expenses. 2. The City as their employer. How So? 1. Employees pledge a fixed amount for out-of-pocket medical and/or childcare expenses. This amount is deducted before taxes are applied. So, employees are taxed on a smaller portion of their salary. 2. The City's employer taxes are based on a smaller portion employee wages. By removing the pre-tax dollars from employee wages f~rst, then the City pays employer taxes only on the remaining balance versus gross wages. Notes and Comments