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HomeMy WebLinkAboutAgenda Packet City Council - 03/05/2002CITY CK�111`►[N7 Q- 1 City of Corpus Christi March 5, 2002 1:45 p.m. - Proclamation declaring March 11-17, 2002 as "Girl Scout Week' Recognition of Incarnate Word Academy's Senior Government Class AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD MARCH 5, 2002 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, please present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree qua su ingids es limitado, habra un int6rprete ingl6s-espanol an todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-880-3105) 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 Dr. Dan Trevino, Senior Pastor, Corpus Christi Baptist Church C. Pledge of Allegiance to the Flag to 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 Brent Chesney Council Members: Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott E. MINUTES: City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa Approval of Regular Meeting of February 26, 2002. (Attachment # 1 ) Agenda Regular Council Meeting March 5, 2002 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein forreconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn forindividual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS. ORDINANCES AND ORDINANCES (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 2. Motion approving the repair of a frontloader tractor and the purchase of a five year full maintenance agreement from Holt Company of Texas, Corpus Christi, Texas in accordance with Bid Invitation No. BI -0046-02, based on only bid, for a total amount $296,999.60. The frontloader is to be used by Solid Waste Department. Funds have been budgeted by Solid Waste in FY 2001-2002. (Attachment # 2) Agenda Regular Council Meeting March 5, 2002 Page 3 3. Motion approving a supply agreement for black and galvanized pipe fittings in accordance with Bid Invitation BI -0032-02 with J.M. Supply Company, Corpus Christi, Texas based on low bid meeting specifications for an estimated annual amount of $31,702.28. The fittings will be stocked by the Warehouse and distributed to the Gas and Water Departments. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments in FY2001-2002. (Attachment # 3) 4. Second Reading Ordinance -Amending Section 55-147 (a)ofthe Code of Ordinances, City of Corpus Christi, regarding affirmative defenses for discharges in violation of industrial wastewater pretreatment standards and providing for penalties. (First Reading -2/26/02) (Attachment # 4) 5. Second Reading Ordinance - Waiving the 60 -day waiting period and publication of legal notice; renaming the park at 15601 Gypsy Street on Padre Island from Gypsy Park to the "Don and Sandy Billish Park." (First Reading - 2/26/02) (Attachment # 5) I. PUBLIC HEARINGS: (NONE) J. PRESENTATIONS: Public comment will not be solicited on Presentation items. 6. Fireworks regulations and enforcement in the City of Corpus Christi (Attachment # 6) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 7. Motion authorizing the City Manager or his designee to execute a construction contract with Southern Contracting, Inc. in the amount of $2,303,629 for the Corpus Christi Animal Shelter and Vector Control Facility. (Bond Issue 2000) (Attachment # 7) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 5, 2002 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) L. 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 FORMAT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree qua su ingl6s as limf4ado, habr8 un intdrprete inglds-espanol an la reunion de la junta para ayudade. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. M. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 8. Executive session pursuant to Texas Government Code Section 551.071 regarding City of Corpus Christi Project #3219, Nourishment of Corpus Christi Beach - 2001, with possible discussion and action related thereto in open session. 9. Executive session pursuant to Texas Government Code Section 551.071 regarding disputed claims of the City of Corpus Christi for utility service against Air Liquide with possible discussion and action related thereto in open session. Agenda Regular Council Meeting March 5, 2002 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 10. Executive session pursuant to Texas Government Code Section 551.071 regarding Kelly Lewis v. City of Corpus Christi, No. 94- 650, 94th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. 11. Executive session pursuant to Texas Government Code Section 551.071 regarding The Vern Warner Living Trust v. City of Corpus Christi et al, Case No. 01-23646-C-11, Adv. No. 02-2008-C, United States District Court, Southern District of Texas, Corpus Christi Division, with possible discussion and action related thereto in open session. N. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports 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. 12. CITY MANAGER'S REPORT * Upcoming Items 13. MAYOR'S UPDATE 14. COUNCIL AND OTHER REPORTS O. 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 2:00 p.m., March 1 .2002. Armando Chapa I City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.ci.corous-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 priority issues. 2001-2002 CITY COUNCIL GOALS AND PRIORITY ISSUES I ~CONTINUING PRIORITY ISSUES Airport / Seawall / Convqntion Center / Arena · Continue quarterly reporting process for these initiatives. '86 Bond Issue Improvements · Update status on Senior Centers. · Provide communication on completion of these projects (e.g. "Report to the Community"). · Continue community involvement on issues such as Leopard Street improvements. .:-:~} Prtvat~tlon / Re-En~ineerin~ · . Clearly define "privatization" and "re-engineering." · Make decisions regarding privatization and re-engineering in the next 12-24 months, with discussions within 90 days. -* Estabiish process to identify what services can and cannot be privatized. · Continue focus on park maintenance. Finance · Maintain the 5-year forecast model. · Review the August 1 budget adoption deadline. Crime Control and Prevention · Continue implementation of the Community Policing initiative. · Establish date for Crime Control and Prevention District election. Continue City participation in Youth Opporttmities United and other youth crime initiatives. Employee Health Care · Address concerns related to employee compensation and benefits, including health insurance. · Work to coordinate Police and Fire health benefits with those of other City employees Economic Development Sales Tax · Establish election date. Storm Water Utility · Reconsider implementation plan for a Storm Water Utility. Packerv Channel · Continue quarterly reports on the progress of the TIF and Beach Restoration Project. Landfill · Continue to evaluate the efficiency and effectiveness of operations. · Examine alternatives for solid waste management system, including privatization. l~ternet · Continue regular updates and expansion of the City's web site, including individual council member web pages. · Establish target date for online permitting process. · Communicate brush pickup via e-malL CDBG · Continue active role. Frost Bank Building · Lease and complete renovation Annexation Plan · Implement current island annexation plan ADA Transition Plan * Develop and approve ADA Transition Plan within 90 days. Redistricting · Develop Council-approved redistricting plan for the City of Corpus Christi Industrial District Contract · Review industrial District contracts and determine date for approval Council Action Items * Staff completes action requests in a timely manner. City / County Health Issues · Continue discussions with County to determine structure and process for the most effective and efficient delivery of health services Marketing of CC Museum and Columbus Ships · Continue to develop marketing plans for the Museum of Science and History and the Columbus Fleet NEW PRIORITY INITIATIVES AND ISSUES City staff will develop and present to City Council action/implementation plans for the following £riority Desalination Pilot Project *Code Enforcement in Trashy Neighborhoods ~ *Employee Classification Study Ma ster Drainage Plan i Garwood Water *New Golf Course *Charter Revision with Specific Charge(s) *More Funding for Economic Development *Fire and Police Contracts New Funding Sources / Plan for Inner City Improvements Improve Permitting Process (online / customer service] Padre Island Development Plan Downtown / South Central Development Plan (marina, t-heads, breakwater) Housing Emphasis / Process (older neighborhoods, working class neighborhoods) **Road Projects Southside Traffic Plan Relationships with Other Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gutters Economic Developmem Summit and Post-Summit Meetings Agnes-Laredo Corridor Market (studies, plans) *Solid waste / Pickup Base Closures **Northwest Library Northside Development Plan Traffic Controls (channeling, studying on/off ramps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTA--Public Improvements Arts and Sciences Park Plaa Budget Item ** Capital Improvement Program Item MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 26, 2002 1:07 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Brent Chesney Council Members: Javier D. Colmenero Henry Garrett 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 Assistant City Secretary Mary Juarez Recording Secretary Rachelle Parry Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Ronald Cox, Chaplin at Naval Air Station Corpus Christi, and the Pledge of Allegiance to the United States flag was led by Council Member Longoria. 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 joint and regular Council meetings of February 19, 2002. A motion was made and passed to approve the minutes as presented. Mayor Neal called for consideration of the consent agenda (Items 2-16). City Secretary Chapa stated that Items 3 and 4 needed to be amended. There were no comments from the Council or the audience. Mr. Chapa polled the Council for their votes and the following were passed: 2. ~ Motion authorizing the City Manager or his designee to execute a contract amendment granting permission for Govind E.C. to assume all the obligations and duties of engineering contracts between the City of Corpus Christi and Govind & Associates Inc. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 5. ORDINANCE NO. 024782 Ordinance approving the sale of a former city park known as Meldo Park with platted description of Lot 4, Block 3, Meldo Park Subdivision, located on Brawner Parkway, west of Santa Fe for $100,000 received by sealed bid and authorizing the City Manager or his Minutes - Regular Council Meeting February 26, 2002 Page 2 designee to execute a special warranty deed for the sale and conveyance of the subject property. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 6.a. M2002-062 Motion approving the application from the Corpus Christi Chamber of Commerce and the S.E.A. Saltwater Fisheries Enhancement Association to temporarily close the following sections of North Shoreline Boulevard immediately in front of the Port of Corpus Christi Building on March 6, 2002 for a networking and education program for the purpose and efforts of the Saltwater Fisheries Enhancement Association: a) Northbound Shoreline Boulevard (inside and middle lanes only), from the north right-of-way of Power Street to the north right-of-way to Palo Alto Street, beginning noon 12:00 p.m., Tuesday, March 5, 2002, through 10:00 p.m., Wednesday, March 6, 2002; and b) Southbound Shoreline Boulevard (full closure), from the south right-of-way of Palo Alto Street to the north right-of-way of Power Street, beginning at noon 12:00 p.m., Tuesday, March 5, 2002, through 10:00 p.m., Wednesday, March 6, 2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 6.b. ORDINANCE NO. 024783 Ordinance waiving the requirement of Code of Ordimmces Section 49-179 Conditions and Requirements for (Special Events Street Closing) Pemfit that sweet closings approved by the Cit3' Council for special events shall be open to the public. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 7. M2002-063 Motion authorizing the City Manager or his designee to execute a construction contract with Mendez Construction Company Inc. for a total fee not to exceed $141,000 for the Gas Department pole building replacement project FY 2001. The foregoing motion passed by the following vote: Neal, Chesney, Coltnenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." RESOLUTION NO. 024784 Resolution authorizing condemnation proceedings by the City to condemn Pamel 4, Minutes - Regular Council Meeting February 26, 2002 Page 3 comprised of fee simple title to 275 square feet together with a 550-square foot temporary construction easement out of Lot 8, Section 56, Flour Bluff and Encinal Farm and Garden Tracts, from the owners, George F. Merzbacher Jr. and Betty Bell Merzbacher Roseburg, to construct drainage improvements in connection with the Jester Street minor storm drainage improvements, Project 2106, and for other municipal purposes. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longofia, Noyola, and Scott voting "Aye." 9.a. ORDINANCE NO. 024785 Ordinance amending Ordinance Nos. 024503 and 024668 to allow for the abandoning and vacating of a 6,51 l-square foot portion of the 50-foot wide street right-of-way on Purl Place, north of the Robert Drive street fight-of-way. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 9.b. ORDINANCE NO. 024786 10. 11. Ordinance abandoning and vacating a 6,511-square foot portion of a 27-foot wide street and two 11.5-foot wide sidewalk easement rights-of-way on Purl Place, north of the Robert Drive street right-of-way; requiring the owners, Dr. and Mrs. Robert W. Madry Jr. and Mrs. Ann C. Yeager, to comply with the specified conditions and replat the property within 180 days at owner's expense. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." RESOLUTION NO. 024787 Resolution exempting Homestead Estates Subdivision from payment of water and wastewater acreage fees pursuant to Sections VB.5(K) and VB.6(I) of the Platting Ordinance, as requested by Robert Payne and Rick Ramon, owners/developers. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." RESOLUTION NO. 024780 Resolution supporting efforts to ban off-road recreational vehicles from stated-owned riverbeds and four-wheel drive vehicles from the tidal flats in the state's bays and estuaries. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett, Minutes - Regular Council Meeting February 26, 2002 Page 4 Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 12.a. M2002-064 Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $1,500 and execute a contract with the Corporation for National Service for the continuation of the Senior Companion Program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola~ and Scott voting "Aye." 12.b. QRDINANCE NO. 024788 Ordinance appropriating a grant of $1,500 from the Corporation for National Service in the No. 1050 Federal/State Grants Fund for the Senior Companion Program. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Ganrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 13.a. M2002-065 Motion authorizing the City Manager or designee to accept a grant from the U.S. Bureau of Reclamation for $20,500 to purcha~se Learning to Be WaterWise kits. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 13.b. ORD~ANCENO. 024789 14. Ordinance appropr/afing $20,500 from the U.S. Bureau of Reclamation in the No. 1050 Federal/State Grants Fund for the purchase of Learning to Be WaterWise kits. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." FIRST READING ORDINANCE Ordinance amending Section 55-147(a) of the Code of Ordinances, City of Corpus Christi, regarding affirmative defenses for discharges in violation of industrial wastewater pretreatment standards and providing for penalties. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes - Regular Council Meeting February 26, 2002 Page 5 15. 16. ORDINANCE NO. 024790 Ordinance author/zing the City Manager or his designee to execute Amendment No. 2 to the lease agreement between the Buccaneer Commission and the City of Corpus Christi, authorized by Ordinance No. 023917 on January 18, 2000, to adjust the amount payable for police services, add a late payment fee and clarify procedures for resolving disputed claims. The foregoing ordinance passed on second reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." ORDINANCE NO. 024791 Ordinance changing the name of Bush Avenue to Friendship Drive between West Point Road and South Padre Island Drive. 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 3, Packery Channel restoration. City Secretary Chapa explained that an appropriation ordinance is being added which will be Item 3.a. and Item 3.b. is the motion listed on the agenda. Council Member Noyola made a motion to amend to include the appropriation ordinance, seconded by Council Member Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: 3.a. ORDINANCE NO. 024781 Ordinance appropriating $7,500 from revenues from Reinvestment Zone No. 2 in the Reinvestment Zone No. 2 Fund No. 1111; and amending Ordinance No. 024528 which adopted the FY 2001-02 budget by increasing both revenues and appropriations by $7,500 in the No. 1111 Fund for Engineering Services for the Packery Channel partnering, technical review, and U.S. Corps of Engineers consultation. An emergency was declared and the foregoing ordinance passed, as amended, by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett abstaining. 3.b. M2002-060 Motion authorizing the City Manager or his designee to execute an amendment for engineering services with Shiner, Moseley and Associates in the amount of $15,000 for the Packery Channel parmering, technical review and U.S. Corps of Engineers consultation. Minutes - Regular Council Meeting February 26, 2002 Page 6 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett abstaining. Mayor Neal opened discussion on Item 4, purchase of chiller units. City Secretary Chapa said the item needs to be amended to change the word "lease" to "lease/purchase." Council Member Colmenero made a motion to amend Item 4 as stated, seconded by Council Member Kinnison, and passed. Mr. Chapa polled the Council for their votes as follows: Motion approving the lease/purchase of two chiller units from York International c/o Lewis Mechanical Sales, Corpus Christi, Texas, in accordance with Bid Invitation No. BI-0060-02, based on best bid, for a total amount of $95,400. The units will be installed at the Frost Building. Funds are budgeted in the No. 1020 General Fund for improvements to the Frost Bank Building in FY2001-2002. The foregoing motion passed, as amended, by the following vote: Neal, Chesney, Ct3imcnero. Garret-t, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal referred to the presentations on the day's agenda. The first presentation (Item 19) was regarding the Comprehensive Hazard Emergency Response Capability Assessment Program (CHER-CAP) exercise. Mr. Juan Ortiz, Emergency Manager, explained that the Local Emergency Planning Comanittee (LEPC) will be conducting a chemical exercise along Nueces Bay Boulevard fi.om 9 a.m. to 11:30 a.m. on February 28, 2002. Other participating entities are Nueces Comity, C1TGO Refining East Plant, and Flint Hills Resources East Plant. Mr. Ortiz said the objective of the exercise is to evaluate several factors: initial notification of the incident; integration of response resources; clarification of roles and responsibilities; evaluation of emergency plans; dissemination of information to the public; and activation of the Emergency Operations Center. Mr. John Sendejar, LEPC Administrator, described the actions that have been taken to inform the community about the chemical drill, including a media summit, community public service announcements, newspaper notifications, community newsletters, and briefings for schools and elected officials. Mayor Neal asked if the telephone notification system will be used. Mr. Sendejar replied affirmatively, explaining that this will be the first time that all five notification tools are used simultaneously in the area. Mr. Ortiz noted that the exercise was originally scheduled to occur on September 19, 2001 but was postponed because of the terrorist attacks of September 11, 2001. Responding to Council Member Colmenero, Mr. Sendejar said the information about the drill Minutes - Regular Council Meeting February 26, 2002 Page 7 will be going out to the entities which are contracted to run the EAS system (television "crawler"). Council Member Scott asked what will be visible during the drill. Mr. Ortiz said there will be some smoke and alarms and area emergency response vehicles will be mobilized. He added that Oak Park Special Emphasis School will be participating by implementing its "shelter-in-place" plan. Council Member Garrett asked about AM radio announcements. Mr. Ortiz said the AM station has been phased out due to interruptions from a station in Mexico and a contract has been made with 89.5 FM. The second presentation (Item 20) was the FY 2001-02 second quarter budget/performance report. Mr. Mark McDaniel, Director of Management and Budget, explained that the report includes enhanced comparative data and explanations for major variances. Using a computer presentation, Mr. McDaniel first reviewed the General Fund year-to-date revenues for this fiscal year compared to the revenues for the same time last fiscal year. With regard to sales tax revenues, the city's budget is on target (3% projected growth), while many other major Texas cities are experiencing difficulties because they had projected much larger growth that has not materialized. He also discussed other General Fund revenues and expenditures. He discussed the issue of "drag-up" pay, which is being centrally budgeted. Mr. McDaniel said the Enterprise Fund revenues are somewhat lower compared to last year because of wetter months and lower natural gas prices. He said the Airport Fund is only about $150,000 behind in revenues as a result of the September 1 lth events and that department has been very prudent with its expenditures, which are down $70,000. He added that the city has applied for reimbursements fi-om the federal government for some of those expenses. With regard to the Special Revenue Funds, Mr. McDaniel said the Visitor's Facility Fund looks out of balance for the current year but that is because of the way staff treats reimbursements, which are now classified as a revenue as opposed to an offsetting expenditure. He added that staff budgeted very conservatively for hotel occupancy tax revenues and, as a result, they are on target. Mayor Neal asked how reimbursements from other governmental entities are reflected in the General Fund reconciliation. Mr. McDaniel replied that it is now carried as a revenue (p. 25 in the quarterly report). He said the timing of the reimbursements is very irregular and staff monitors them in more detail by department. Mayor Neal said that is an accrual of items that have been billed, not necessarily funds received. Council Member Garrett asked how staff is handling drag-up pay for retirees. Mr. McDaniel said staff is keeping running totals on the larger departments, principally the Fire and Police departments, regarding not only the total drag-up amount but the time the position is vacant (the salary savings). He said to date staff has not moved any funds over fi-om the amount the Council budgeted for drag-up pay. City Manager Garcia noted that in previous years the departments were responsible for budgeting their own drag-up but now it is budgeted centrally using a more statistical basis rather than relying on individual retirees' decisions. Minutes- Regular Council Meeting February26,2002 Page 8 Council Member Colmenero asked about franchise fees. Mr. McDaniel said that page 20 of the report includes detailed information on the types of franchise fees paid. He added that additional Municipal Court revenues should be reflected next month. Council Member Kinnison said Mr. Garcia has been forwarding information to the Council about the financial difficulties other Texas cities are experiencing, while Corpus Christi's budget is on target. He complimented staff for their efforts on the budget, which was also reflected in the favorable management letter from the auditors. Mr. McDaniel said staff was able to do that because of the Council's long-term perspective. Mr. Garcia agreed, saying the Council has been very disciplined in preparing the budget. Mayor Neal recessed the Council meeting to read the day's proclamations and to swear in the new board and committee members. Upon reconvening, Mayor Neal referred to the third presentation (Item 21), quarterly Risk Management update. Assistant City Manager Jorge Cmz-Aedo compared the revenues and expenditures for the first two quarters of the fiscal year (August 2001-January 2002) for the city's health care programs: Citicare (including Citicare-Basic), Citicare Q-Plus, Citicare Fire and Public Safety Citicare. He said in an effort to increase stabilization of the Citicare and Citicare Q-Plus plans, a 2%-3% premium increase may be necessary in FY 2002-03. The city increased premiums for the Citicare Fire plan by 26.93%, effective on the payroll date of March 15, 2002. City Manager Garcia said Citicare Fire had not experienced any increases or plan changes over the last few years while civilian employees had. Public Safety Citicare members experienced a 16.38% premium increase effective on the payroll date of November 13, 2001. In addition, plan design changes were made per the recent labor agreement between the city and the Corpus Christi Police Officers Association. Mr. Cruz-Aedo said final changes are being made to align the plan year to the city's fiscal year, which is being accomplished by holding two enrollment pe~ods in 2002 with deductible and out-of-pocket costs to be carried over through July 31, 2003. In addition, the city is finalizing plans to offer employee-option dental and vision benefits. He said staffi,q preparing a request for proposals (RFP) for pre-certification/utilization services, which are currently being provided by the Spohn network. Upon receipt of the proposals, staff~vill evaluate them and forward a recommendation to the Council. He said the city will also be implementing a software upgrade that will facilitate the electronic open-enrollment process. Mr. Cruz-Aedo noted that the current health contracts will expire July 31, 2003, which necessitates several upcoming actions. In the spring of 2002, staff will retain an independent consultant to evaluate the city's health insurance program. This summer they will draft RFPs for a medical network provider, prescription network, third-party administrator, and stop-loss coverage, which will be issued in the fall. City staff will then evaluate the proposals and in the spring of 2003, they will present recommendations to the Council for approval of the contracts. Council Member Kinnison said the last time the Council considered the health care contracts was during an election season and it appears the Council will do so again in 2003. Mr. Cruz-Aedo Minutes - Regular Council Meeting February 26, 2002 Page 9 said staff plans to bring a recommendation to the Council next spring so the contracts can be implemented on August 1, 2003, for the new plan year. Mr. Garcia said one of the differences the last time was that the city was making a radical change in the plan--going fi.om a fully insured plan to a self-insured one. He said staff is not anticipating making a major change in the plan this time. Mr. Cmz-^edo said they want to ensure that staffhas enough time to evaluate the proposals. Council Member Chesney questioned why staff is planning to retain an independent consultant to evaluate the city's health insurance program. Mr. Cruz-Aedo replied that that was not done the last time and it probably would have been wise to do so. He said there are a number of different avenues that can be taken with regard to health care and a consultant would be beneficial. Mr. Chesney questioned hiring a consultant and issuing an RFP, rather than using a straight bid process for these contracts. Mr. Garcia commented on the complexity of the heath care industry, saying that if the city went with a straight low bid they would have an HMO. However, he said, those are not the services that city employees expect. He pointed out that police and firefighters want different programs than civilian employees. Mayor Neal said the Council sits as the board of directors of the city's insurance company and he thinks the city should hire a consultant to help staff desigu the best possible plan. Council Member Scott said he thinks the program is well-mn and he encouraged staff to continue to educate the Council on the many different options available. Council Member Colmenero said he thinks the Council should have a more active role in defining the plan. Responding to Council Member Longoria, Mr. Cmz-Aedo said the consultant can help staff define the type of health care plan that will be offered so the proposals can be accurately compared. He said other cities have paid similar consultants $25,000 to $35,000 for a full 12 months of advice to the city, which he said is worth the investment since the city's program is in the $16 million range. The Mayor said at the end of this spring, the Council needs to make the decision to either remain self-insured or go back to the fully insured option. Mr. Garcia said whatever decision is made, there will be a company which is pleased with it and many more which are not. Council Member Noyola asked if the employees had been surveyed about their preferences. Mr. Cruz-Aedo replied that they have not been recently but it will be an integral part of the process. He added that he thinks the police and fire employees are very satisfied with their programs. Mr. Kinnison asked about the prescription network. Mr. Cruz-Aedo said that currently it is bundled with the third-party administrator agreement, which makes it difficult to make changes to the prescription plan. For that reason, staff may recommend separating them. Mr. Garcia added that there are several options--including mail-in prescriptions and intemet pumhases--that staff would like to explore. Mr. Kinnison suggested that staff communicate with the employees about the plans. Mr. Cruz-Aedo then continued with his computer presentation regarding workers compensation. He said it takes a long time for those claims to work through the system. He said staff is working to minimize claims by enhancing the safety program, including identifying injuries by Minutes - Regular Council Meeting February 26, 2002 Page 10 frequency and department; performing monthly trending analyses of injuries; and implementing corrective actions based on those trends. He said staff will also hold training sessions with specialized education for departments based on a safety assessment and evaluate current safety policies and update them as needed. Another objective is to develop an employee incentive wellness program to encourage participation in exercise, nutrition and health classes. He said the city plans to offer discounted fees to local fitness centers as part of the program. Mayor Neal asked if the city has a trained safety consultant on staff. Mr. Cruz-Aedo said the city currently employs a specialist in the safety area and plans to hire another one. The Mayor emphasized the importance of such employees. Mr. Cruz-Aedo said staff is also considering hiring a nme-practitioner to assist with reviewing workers compensation claims. The Mayor said the city also needs to have some kind of incentive program for safe employees. Mr. Cmz-Aedo then discussed the general and auto liability claims. He said the objectives to ~rfinimize those claims include: evaluating policies and procedures regarding vehicle usage and accident avoidance; enhancing the random drug and alcohol screening programs that are currently in place; evaluating the claims management process through an actuarial study (which is underway); and aggressively litigating cases as appropriate. He said staff is working together to decrease costs, claims and employee injuries. Mr. Noyoia asked if the city offers a long-term disability program for its employees and Mr. Cmz-Aedo replied affn~Taatively, hi response to another question from Mr. Noyola, the Assistant City Manager also discussed differences in workers compensation benefits and long-term disabili~. Mr. Scott asked if money had been borrowed a few years ago to assist the Risk Management fund. Mr. Cruz-Aedo said that occurred several years ago but it has been repaid. Mr. Garre~ asked if the city still recognizes employees with long safety records and Mr. Cruz-,Aedo said they do. Mr. Garcia added that there are consequences to employees who do not utilize safe methods at work. Mayor Neal comrnented on the professionalism of the Budget and Risk Management presentations. Mayor Neal referred to Item 17, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 17. Case No. 0102-01. Jeanette's Flowers & Girls Inc.: A change of zoning from "R-lB" One- family Dwelling District to "B-lA" Neighborhood Business District on a 0.918 acre out of the Frederick and Webb Tracts, located on the southwest comer of Krejci Lane and Old Robstown Road. City Secretary Chapa said the Planning Commission and staff recommended approval. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes: Minutes - Regular Council Meeting February 26, 2002 Page 11 17. ORDINANCE NO. 024792 Amending the Zoning Ordinance upon application by Jeanette's Flowers and Girls Inc. by changing the zoning map in reference to 0.918 acres out of the Frederick and Webb Tracts from "R-lB" One-family Dwelling District to "B-lA" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal referred to Item 18, and a motion was made, seconded and passed to open the second of two City Council public hearings on the city's proposed 2002 annexation program, which is five parcels of land containing 519.32 acres as follows: Jones. Walter and Texas General Land Office beach frontages: Publicly and privately owned lands comprising approximately 44.16 acres and 9,618 feet of Gulf Beach frontage, from the south-most property line of Padre Balli County Park to a point 500 feet south of the south-most property line of the Lawrence Jones property. The width of the strip extends westward from the City limit line on the Gulf of Mexico shoreline, being the 1.37-foot line above mean sea level based on United States Geological Survey and Geodetic Survey datum of 1929, to a point along the vegetation line approximately 200 feet west of and generally parallel to the 1.37 foot line above mean sea level Gulf of Mexico shoreline. Padre Balli Park: Nueces County Park No. 1 (Padre Balli Park) comprising approximately 194.92 acres and 6,324 feet of Gulf Beach frontage. Packery Channel Park: Publicly and privately owned lands comprising approximately 50.01 acres and including Nueces County Park No. 2 (Packery Channel Park). Nueces County land south of Mustang Island State Park: Publicly owned (Nueces County) tract of land comprising 221.00 acres and 4,211 feet of Gulf Beach frontage generally surrounded by the existing city limits and out of the William Bryan Survey 606, between the east right-of-way line of State Highway 361 and the existing city limit line along the Gulf of Mexico shoreline, being the 1.37 foot line above mean sea level based on United States Geological Survey and Geodetic Survey datum of 1929. Beach-front property_ north of Zahn Road: Privately owned tract of land comprising approximately 9.23 acres and 2,009.79 feet of Gulf Beach frontage abutting the city limits on the Gulf of Mexico shoreline, being the 1.37-foot line above mean sea level based on United States Geological Survey and Geodetic Survey datum of 1929 and extending approximately 200 feet westward and between county-owned land and state-leased land at J.P. Luby Surf Park. There were no comments from the audience. Mr. Chesney made a motion to close the public hearing, which was seconded and passed. Minutes - Regular Council Meeting February 26, 2002 Page 12 Mayor Neal referred to the fourth presentation (Item 22), status of the negotiations with the Corpus Christi Firefighters Association. Deputy City Manager Noe first gave background information, noting that in FY 2000-01 the city was forced to make several budget reductions, including a reduction in force and forgoing pay increases. He said the Corpus Christi Police Officers Association (CCPOA) elected to execute a two-year contract with a "reopener" in FY 2001-02 on wages and health insurance. The Corpus Christi Firefighters Association (CCFFA) elected to go without a new contract, utilizing the "evergreen" clause to continue operating under the existing contract. Mr. Noe said the initial meeting for the CCFFA negotiations was held on July 30, 2001 and proposals were exchanged on August 16th. On November 15th the parties reached impasse, which is covered under the current agreement. On December 19th the parties had a one-day mediation session with a federal mediator. Mr. Noe said the three outstanding issues are wages, trust contribution and health insurance. He noted that the CCPOA elected to accept changes to their health insurance benefits and the savings that the city accrued fi.om those changes were given back to the police officers in the form of wages. He said city staffhas been discussing a similar pla~ wi~b ?~? firefighters. The Deputy City Manager discussed the last formal proposals that were exchanged. He said the CCFFA requested a 6% increase in wages; a trust contribution of $150,000 per year; and maintaining current health insurance benefits with a 26.93% increase in premimns. The only difference in the city's proposal was regarding wages, offering a 3% increase effective on August 13 2001 and a 2.25% increase effective March 1, 2002. Mr. Noe noted that the 3%/2.25% increase was exactly what the police officers received, offset in cost by four-tenths of I% on an aunual basis as a result of the insurance savings. Mr. Noe said the next step in the impasse procedure is fact-finding: a fact-finder has been selected and a hearing is being scheduled. He said pursuant to the contract, each patty is allowed to submit two items, which do not have to be the san~e two that were bargained on. He said each party takes a position on those issues and the fact-finder is instructed to select one of the .two positions, which is then forwarded to the Council, whose decision is final. He said the CCFFA members are currently circulating a petition requesting an 8.5% pay increase which, if approved, would require an additional $1 million (approximately) to be retroactive to August 1, 2001, which is the equivalent of 1.29 cents on the tax rate. He said if the assumption is made that the group which bargained to an agreement--the CCPOA--is entitled to the same consideration, it would require an additional $1.4 million, or 1.78 cents on the tax rate. In addition, an 8.5% increase for the civilian employees would cost $2.24 million (2.86 cents on the tax rate). He said while the city's budget is balanced, the reserve is only $6.8 million--still not what the rating agencies would like the city to have. He said the city's recommendation for the firefighters is based on what staff thinks is affordable within the current budget structure. Responding to Mayor Neal, Mr. Noe said the CCFFA's proposed 8.5% pay increase would not impact on their conlract at all. The Mayor asked about the fact-finding time line and an election Minutes - Regular Council Meeting February 26, 2002 Page 13 schedule. Mr. Noe said it depends on the fact-finder's schedule, but it could take one or two months to get the actual recommendation from the fact-finder. With regard to an election, City Secretary Chapa said he has been told that the petitions are supposed to be submitted by February 28th. He said at that point the Council has three options: grant the petitioners' request outfight for a firefighters' pay increase; develop an altemate proposal which would be mediated; or call an election for the next available election date, which is May 4th. City Attorney Bray pointed out that the City SecretarY's Office will need enough time to validate the signatures and verify that they meet the minimum number in order for the Council to decide which of the three alternatives to choose. He said March 19th is the 45th day before the May 4th election, which is the deadline for calling an election under the Texas Election Code. In reply to Council Member Scott, Mr. Chapa said he did not budget for an election on May 4th, which will cost approximately $100,000. Mr. Noe said that amount would have to come out of the General Fund. Mr. Kinnison asked about the ballot language. Mr. Bray said the statute requires that the ballot language simply say, "Adoption of the proposed minimum salaries of (amount) applicable to (positions)." He said he has not seen the petition but based on what he has heard, the ballot would state a salary increase of 8.5% applicable to the specific firefighter positions. Mr. Kinnison asked if the ballot could include what funding mechanism would be used; i.e., a tax increase that would be voter-approved. Mr. Bray said the Council cannot change the statutory language for presentation on the ballot. He said staff is looking into whether there is a way to separately put something like that on the ballot. Mr. Kiunison said if the firefighters receive a raise, it should be extended to all city employees. Mr. Garcia said the City Attomey is also looking into how this will affect the tax cap. He said staff will probably recommend that if the voters want to approve the firefighters' pay raise that they also approve an increase in the tax cap. He said if that is not done, it will adversely affect the city's bond rating and limit its ability to fund additional, necessary capital improvements. Responding to Council Member Noyola, Mr. Noe reiterated that the CCFFA asked for a 6% wage increase in their proposal and staff proposed 3% on August 1, 2001 and 2.25% on March 1, 2002. He said the difference between the CCFFA's 6% request and the city's current position is about $368,000 on an annual basis. He added that the city reached an agreement with the CCPOA for the 3%/2.25% increase, and he questioned how negotiating a different agreement with the CCFFA will impact future labor negotiations. Mr. Garcia added that he would never recommend sealing with the second labor group for more than what the first group agreed to. Mr. Scoa went through the figures Mr. Noe presented regarding the impact of an 8.5% pay increase for all city employees and he asked how that would affect the city's bond rating. Mr. Noe said if the tax rate is too close to the cap set in the Charter, it would affect the city's ability to finance additional debt in the future. He said since the rating agencies rate the city's existing debt as well, it may also be adversely affected. Minutes - Regular Council Meeting February 26, 2002 Page 14 Mayor Neal said if the Council cannot ask for a referendum to raise taxes, it will be the Council's responsibility to decide how to pay for the firefighters' pay increase if it is approved by the voters. He said in order to fund the increases, the Council would have to reduce the city's unallocated fund balance down to a very dangerous level or make a management decision to go ahead and raise taxes in the face of political risk and possibly exceeding the tax cap. The Mayor said the bigger issue is that Corpus Christi is the only major city in Texas that is not experiencing a financial crisis right now because it has managed to increase its unallocated fund balance. However, if Corpus Christi's economy experiences any down turns, the Council will be discussing cutting services and employees rather than giving raises. He said he is not against a reasonable pay increase, but the people who signed the petition have not been asked how the pay raise will be funded. Mr. Scott said he does not want the public debate to be one of"for us or against us." Mr. Kinnison emphasized that the voters need to understand the financial impact of a pay increase. Responding to Mr. Noyola, Mr. Noe said there is no way the fact-finder wilt be able to make a recommendation before March 19th. Mr. Noyola urged the parties to continue negotiating. Mr. Longoria asked if other items can be placed on the May 4th ballot. Mr. Bray said it depends on if there is specific stalutory authority to place a particular itera on the ballot. Mayor Neal called for a brief recess. Upon reconvening, the Mayor opened discussion on Items 23-26 pertaining to new and upgraded traffic signals. Assistant City Manager Ron Massey explained that in the 2000 bond program, $2.13 million was approved fc, r traffic signal work ($1 million eacl~ for new signals and signal upgrades and $130,000 for signal synchronization). He said the first phase of new signal construction is ahnost completed and there is $368~000 left for the second phase. Mr. David Seiler, Traffic Engineer, said tbe Phase I traffic signal improvement projects (tbur new signals and three flasher locations) incorporated the following intersections: Staples at Lipes, Staples at Timbergate, Rodd Field at Saratoga, Kostoryz at Sunnybrook, Carancahua at Coopers Alley, Ocean at Cole Park, and Everhart at Shes Parkway and Schanen. Mr. Seiler then discussed the priority grouping of signal candidates for Phase II. He said staffconsidered such factors as traffic volume, turning movements, conflicts, traffic accident experience (including fatalities), pedestrian- related factors, and street system considerations. Mr. Seiler said the Priority 1 group consists of the following intersections (ranked in order of staff's recommendation): Saratoga at Long Meadow, Everhart at Congressional, FM 624 at County Road 69, Old Brox~sville at CiiffMaus, and Shoreline at Twigg. He said the Transportation Advisory Committee approved the recommended intersections on January 28, 2002. Mr. Seiler then discussed the priority factors for each of the five recommended signal locations. He said that in addition to the $368,000 of remaining bond funds, American Bank is contributing $50,000 toward the signalization of Saratoga at Long Meadow. In addition, staff plans to reuse some of the signal hardware removed from some of the signal upgrade projects. He said based on the total available Minutes - Regular Council Meeting February 26, 2002 Page 15 funds, staffis recommending deferring the signal project at Shoreline and Twigg at this time. He said the total construction estimate is $418,000. Council Member Longoria said the intersection of Ayers Street and Ocean Drive includes a continuous far fight lane going north, and he suggested that when the Shoreline/Twigg signalization is undertaken that it also include continuous travel in the far fight lane. Mr. Seiler said that configuration will be incorporated into the Shoreline/IH-37 intersection as well. Council Member Scott questioned the need for a traffic signal at Shoreline and Twigg. Mr. Seiler said that intersection has been on his master plan for a long time. It wilt provide for a more synchronous flow along Shoreline Boulevard and serve as a more pedestrian-friendly crossing location. A brief discussion ensued and Mr. Massey said that when additional funds become available, staffwill make a new recommendation based on the needs at that time. Mr. Scott said he thinks a signal at McArdle and Nile should be a higher priority. Council Member Chesney said he agrees that Shoreline and Twigg should not be included in the top five list of priorities but the intersection of Aquarius and Park Road 22 should be. Mr. Seiler said the project to raise the JFK Causeway will change the configuration of that intersection. Council Member Kinnison asked for a more definitive construction schedule as it becomes available. Mr. Seiler said staffwill bring back contract recommendations in May. Mr. Kiunison also acknowledged American Bank's financial assistance for the Saratoga/Long Meadow intersection. Council Member Colmenero suggested that stafflook at other locations for signal improvements as well as innovative ways to fund them. Council Member Kelly commented on the very fast travel speed occurring on FM 624 (Northwest Boulevard) and he spoke in favor of the signal at FM 624 and CR 69. Council Member Garrett questioned the need for a signal at Ayers and Blevins, which is close to a signal at Ayers and Tarlton. Mr. Seiler replied that it is very questionable whether a traffic signal should be removed from an intersection that currently satisfies traffic signal warrants because of a possible liability issue. He added that they are two offset "T"-intersections that operate as one intersection. Council Member Noyola said the signal at Old Brownsville and CliffMaus has been needed for a long time. Mayor Neal called for comments from the audience on Items 23-26. Mr. Jose Marroquin, 2433 Allencrest, said that a traffic signal is badly needed at the intersection of Arlington and Clemmer, which has experienced numerous accidents. Mr. Colmenero said he has discussed that issue with Mr. Seiler. Assistant City Secretary Juarez polled the Council for their votes as follows: 23. M2002-066 Motion to approve staff recommendation for locations of new traffic signal improvements, Phase 2, funded by 2000 Bond Program funds. Minutes - Regular Council Meeting February 26, 2002 Page 16 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 24. M2002-067 25. 26. Motion authorizing the City Manager or his designee to execute a signal consmaetion supply contract in the amount of $1,160,490 with V.C. Huff Inc. for the construction of upgraded traffic signal and new synchronization improvements funded by the approved 2000 Bond Program (Bond Issue 2000 Projects 35 and 36). The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." M2002-0_6~ Motion approving the purchase of traffic signal equipment from the following companies fbr the folloxving amounts, in accordance with Bid Invitation No. BI-0020-02, based on low bid, low bid meeting specifications, only bid, and best bid for a total of $219,755.80. Funds have been budgeted by the Street Department in FY2001-2002. Paradigm Traffic System Fsa'3_Worth. Texas Items 1, 8, 9 & 10 $115,642 Texas Highway Products Round Rock. Texas Item l3 $4,500 Control Technologies !nc. Tomball. Texas Items 2, 5, 6, 7, 11 & 12 $74,738.80 Naztec, Inc. Items 3 & 4 $24,875 Grand Total: $219,755.80 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." M2002-06~ Motion approving the purchase of steel traffic signal structures from Baker Machine & Welding, Victoria, Texas, based on low total bid in accordance with Bid Invitation No. BI- 0019-02 for a total of $75,523.25. These steel traffic structures, which include 25 masts and 25 mast arms, will be used by the Traffic Signals Division of the Street Department (Bond Issue 2000). The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Minutes- Regular Council Meeting February26,2002 Page 17 Mayor Neal opened discussion on Item 27, renaming of Gypsy Park. There were no comments from the audience. Council Members Scott and Chesney commented on the dedication of Don and Sandy Billish, saying they were glad they could be recognized in this way. Assistant City Secretary Juarez polled the Council for their votes as follows: 27. FIRST READING ORDINANCE Ordinance waiving the 60-day waiting period and publication of legal notice; renaming the park at 15601 Gypsy Street on Padre Island from Gypsy Park to "Don and Sandy Billish Park." The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Colmenero and Noyola absent. Mayor Neal opened discussion on Item 28, lease for copiers. Mr. Cruz-Aedo gave a brief history of the copier contracts at City Hall. He said that on November 2, 2001, an RFP for a copy system at City Hall was issued to 16 local vendors and on November 9th a pre-proposal conference was held for interested bidders. On November 20th an amendment was issued and November 27th was the closing date of the RFP. In November and December several staff meetings were held to evaluate the proposals. He said of the four received, IKON Office Solutions and Braswell Office Systems offered the most advantageous proposals. IKON gave a demonstration on January 7, 2002, and two days later Braswell gave their demonstration to staff. Mr. Cruz-Aedo said that on February 1 st, a nine-member city staff committee recommended awarding a lease to IKON for an estimated three-year expenditure of $502,848. Mayor Neal called for public comment. Mr. John Carlson, President of Braswell Office Systems, said that while the RFP process was very detailed and thorough, it appears that IKON had an opportunity to convince the committee members that their "tandem" (two-copier) solution would be better or equal to the Xerox DocuTech (the company's publishing machine), whidh is currently being used in the city's print shop. He said he does not know of any validation that IKON's two-machine process can accomplish the same results as Xerox's existing system. He said there has been a drastic change to the architecture of printing in the print shop. He said that cost-based comparisons are inequitable because Xerox and IKON have two totally different systems. Mr. Carlson discussed in detail the structure of the evaluation, which included the following criteria and the maximum points to be allocated for each: proposed copier system, 30 points; project understanding, 20 points; company profile, 20 points; and pricing, 30 points. He also addressed what he said were Xerox's supposed deficiencies by explaining how the DocuTech machine is a superior product and will meet the city's needs. He said city staffdid not have the correct information when they made their recommendation. Ms. Beverly Caldwell said that Xerox brought in an analyst support team to evaluate the Minutes - Regular Council Meeting February 26, 2002 Page 18 city's needs and devise a solution. She discussed how their proposal, which consists of a software front-end, would assist specifically in the preparation of the weekly agenda packets. She also emphasized that Xerox, which has a guarantee of total satisfaction, provides industry-standard equipment. Ms. Ann Marie Delasi said that during their initial discussions with city staff, Xerox staff encouraged them to look into a network-copier-printer total solution. She said according to an independent study, Xerox products are more productive on the network than the competition. Council Member Scott asked about the DocuTech Publishing System's rating. Mr. Carlson replied that Braswell proposed 135 copies per minute. Ms. Caldwell added that the DocuTech can be run up to 4 million impressions per month. Mr. Dan Besaw, branch sales manager of IKON Office Solutions, said the company's core values are its customers, employees and integrity. He said they auswered the city's RFP and gave their best recommendation to meet the city's needs. He said IKON has a machine that performs the same tasks as the DocuTech and is rated for over one million copies per month. However, he said the city does not need a machine with that much capacity. In fact, the more the city puts the cop~.ers on the network, the less volume the print shop will have. He questioned why Xerox is not curremly performing the tasks it recommended in its proposal. Ms. Pam Morgan, account representative for IKON, emphasized her company's expertise in customer service. She also commented favorably on the RFP process. She added that according to the evaluation criteria, IKON had the highest rating for project tmderstanding. Ms. Nonna Allsup, also of Xerox, said that about 17 months ago she met with Mr. Mike Barrera, the city's Procurement and General Services Manager, in which they discussed networking the DocuTech; however, she said Mr. Barrera decided not m do that. She emphasized that Xerox is available to provide service, technology and training. Mayor Neal asked if the RFP was clear, and Mr. Cruz-Aedo said it was very clear. He reiterated that the evaluation committee, which consisted ofdepmtment directors and office workers, reached a consensus that the IKON proposal was the best recommendation for the city. Responding to Council Member Kelly, Mr. Besaw said that IKON has several tandem systems in operation throughout Texas and the United States which produce over 400,000 copies per month. Mr. Kelly also asked if Xerox is recommending the same system the city has already. Ms. Allsup said they are, with major enhancements in the software capabilities and open architecture. Mr. Kelly asked staff if they are satisfied that the IKON system will better suit the city's needs. Mr. Cruz- Aedo said that Mr. Ogilvie Gericke, Director of Municipal Information Systems, was asked to serve on the evaluation committee to ensure that the copier system would be compatible to the city's computer system. He added that this recommendation best meets the city's requirements for the next three years and it happens to cost less than the current contract. In reply to Mr. Scott, Mr. Cruz-Aedo said staffwas very specific in the RFP and in the pre- bid conference. He added that staff has tested the IKON machines to ensure that they will do the job. Minutes - Regular Council Meeting February 26, 2002 Page 19 He noted that each city prepares their Council agendas differently. Mr. Barrera said that without considering the cost of the print shop equipment (Xerox's DocuTech and 1KON's tandem machines), Xerox's proposal was higher in cost for the rest of the copier equipment. Council Member Noyola asked if the IKON equipment will change the way the Council agenda packets are produced. Mr. Barrera said the Council will not see any changes to their packets. Mr. Noyola said he has talked to some of the employees on the committee and he agrees with the recommendation of IKON. Council Member Colmenero asked about the software. Mr. Cruz-Aedo said Xerox has now come back and said they are offering open architecture, which the city prefers over proprietary sol~vare. However, he said that was not a factor when the committee made their recommendation because they were just considering the base proposals. Mr. Colmenero also asked about networking, and Mr. Gericke replied that the city's existing computer infrastructure will accommodate both types of machines. Mr. Cmz-Aedo said staff intends to begin transitioning into networking. Mr. Barrera added that if the Council approves staff's recommendation, the city is required to give the current vendor a 30-day notice. Council Member Chesney reiterated that he does not like RFPs and he used the example of an item from last week's meeting (EMS accounts receivable collections) in which the current vendor's track record was a large factor in staffrecommending them. He said this week staff is not emphasizing the track record of the company they are recommending. Mr. Chesney said he also received conflicting information from Mr. Cruz-Aedo about Xerox's open architecture structure. Mr. Cruz-Aedo replied that when he and Mr. Chesney discussed the issue, it was his understanding that Xerox's application was closed architecture, which was not something the city was looking for. He said when staff evaluated the proposals, it became clear that open or closed architecture was not going to be part of the criteria and he tried to correct his earlier comments through a memo. A brief discussion ensued. Mr. Chesney asked if the recommendation is less or the same as what the city currently has. Mr. Barrem said there are different ways of rating machines but IKON's tandem system has the same basic capacity as the current DocuTech. However, he said the city did not ask for an "equal or better" system but rather whether the proposal can perform the tasks required. He said he is convinced that IKON can do so. Mr. Barrera pointed out that he did not tell any of the proposers which machines the city wanted to use--it was up to each company to devise a solution for the city's needs. Mr. Bray added that each proposer knew the evaluation criteria up front, including how much weight would be given to cost. Mr. Chesney asked why staffwould recommend a three-year contract with a company with which the city does not have a track record. Mr. Barrera said that while IKON has not done any work for the city previously, staffchecked their references and they are a proven company. In addition, the committee felt that a three-year contract would be more economically feasible than a one-year contract and not as lengthy as a five-year contract to accommodate rapidly changing technology. Minutes - Regular Council Meeting February 26, 2002 Page 20 Council Member Longoria commended staff, particularly Mr. Cmz-Aedo and Mr. Barrera, for their efforts in this process. Council Member Kinnison said staffhas spent about 100 hours conducting these evaluations and the cost difference is approximately $325,000. He said he has been speaking with Mr. Cruz-Aedo and the committee members about this issue over the last month and he is very satisfied with staff's recommendation. City Secretary Chapa polled the Council as follows: 28. M2002-070 Motion authorizing the City Manager or his designee to enter into a three-year lease with IKON Office Solutions, Corpus Christi, Texas for copiers in accordance with Request for Proposals No. BI-0015-02 for an estimated three-year expenditure of $502,848. Funds have been budgeted by the Print Shop in FY2001-2002 and will be requested for all subsequent budget years. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 310 Norton St., discussed delinquent accounts in the Utility Department. He said one of the companies has nm up about $248,000 and a downtown hotel has about $50,000 in delinquent charges and neither of them have had their city utilities disconnected. He said the top ten delinquent accounts total about $471,446 but if an individual's account is delinquent, it is shut off. He said the Council needs to find oat why this is being allowed to happen. Mr. Gordy also questioned m~ atIomey located across 5om Dfiscoll Hospital with very large business signs. Council Member Scott said he forwarded the sign issue to staff. Council Member Kinnison asked staffto also follow up on. the delinquent accounts issue. Mr. Cruz-Aedo said that following an open records request, staffprovided the list of delinquent accounts to a citizen. He said many of the accounts, particnlarly the largest commercial account referred to by Mr. Gordy, are in dispute. He said staff has been working to resolve that with the company, which is staying current with its monthly bills. The dispute is over an adjustment that was made to their account where the city increased the amount it had charged in previous months. However, the city books the disputed amount. He said only one of the top ten delinquent accounts has been turned over for delinquent collections and faces a shut-off. He said no accounts receive special consideration--everyone works through the same basic process--but additional steps are taken with commercial accounts, such as an apartment complex. Mayor Neal asked if there is a time frame for resolving the delinquent accounts. Mr. Cruz- Aedo said there is, saying staff has been working with the one company for about a year trying to resolve it and now they may have to take legal action. He said the disputed amount is not being paid but the current monthly amounts are being paid in a timely manner. Minutes - Regular Council Meeting February 26, 2002 Page 21 City Manager Garcia said the issue has to do with how the city calculated the amount due, which is relatively sophisticated based on the service the city provides. He said it is becoming a legal issue in how much liability the city is willing to assume for the actions it is proposing to take. Mr. Cruz-Aedo said the $247,000 was one adjustment over several years. Mr. Garcia said due to confidentiality issues, this discussion should be held in executive session. Mr. Garrett asked if some of the delinquent accounts have already been paid and Mr. Cruz-Aedo said they have been. In response to Mayor Neal, he said the city has 85,000 accounts. Mr. Jose Marroquin, 2433 Allencrest, referred to a particular customer's account, saying he is still very concerned that the city shut offher service for an outstanding amount of $52. He also said the city should not allow the number of delinquent commemial accounts that have occurred. Mr. J.E. O'Brien, 4130 Pompano, said that according to the city's financial statement of July 31, 1996, the Utility Department had accounts receivable in excess of $9 million. Five years later in 2001 those accounts receivable had increased to over $18 million. He also referred to the customer discussed by Mr. Marroquin and the list of delinquent accounts, including that the Corpus Christi Country Club owes the city over $8,000. He said he thinks it would be prudent for the Council to request an investigation and an outside audit of all delinquent accounts in the Utility Department. Mr. Carlos Torres, President of the Corpus Christi Firefighters Association, said the petition regarding the firefighters' pay raise will be turned into the city tomorrow with about 14,000 signatures that can be verified as registered voters. He said the requested 8.5%o increase is not retroactive to August 1,2001; if approved, it would take effect on June 1,2002. He said it is a one- time salary increase that will not happen every year. He said that previously the firefighters were not willing to accept zero pay raises and waited until the city was able to become more financially stable. He said they have three options: settle the contract with City Manager Garcia; go to fact-finding; or take the issue to the voters. Mr. Torres said they disagree about the tax increase, saying that if any type of increase is warranted, it will be very limited. Council Member Kiunison asked if the voters approve the firefighters' pay increase, whether it would be in addition to what is worked out on the contract or whether it would totally replace everything contractually. Mr. Torres replied that it would be a one-time salary increase. He said this July it will be three years since the firefighters had a pay raise and two years since they began operating under the "evergreen" clause. He added that the union would prefer to settle this issue with the City Manager and if that does not work, they will have to go to fact-finding. If that is not successful, they may have to take it to the voters. In response to Mayor Neal, Mr. Torres said the 8.5% pay raise would not be in lieu of an approved contract. He said anything that is presented to the Council by the fact-finder still has to be taken to the union members to be ratified. The Mayor asked what would happen if the fact-finder recommended a 7% pay increase. Mr. Torres said the firefighters will not take an 8.5% and a 7% increase, reiterating that their first option is to settle with the City Manager. Mayor Neal pointed out that fact finding cannot be accomplished before March 19th, which is the deadline for calling the May 4th election. A brief discussion ensued and Mr. Torres said the firefighters are taking a request Minutes - Regular Council Meeting February 26, 2002 Page 22 for an 8.5% increase to the fact-finder, so basically it is the same. Council Member Kelly asked if the dispute with the firefighters is worked out some time after the petition is filed with the city, whether the election will be held regardless of an agreement with the firefighters. Mr. Bray replied that he is not completely sure the issue can be withdrawn; he will have to look at the Election Code. He added that if the voters approve a pay raise, it is binding. He reiterated that the deadline to call the election is March 19th. Mr. Noe stated that under the statute, once the Council receives the petition they have an opportunity to:present an alternative proposal to the petitioners in the form of a settlement. He said if the settlement is rejected, the item goes on the ballot. Mr. Bray said part of the process is also the length of time to get the signatures counted and then a period of time for the Council to make a counter-proposal if it wants to. Mr. Kelly asked if the firefighters have the right to pull their own petition, and Mr. Bray said he needs to research that question. Mr. Garcia said there are many reasons for the city to continue to try to reach an agreement with the firefighters. He said Mr. Torres pointed out that the firefighters' requested 8.5% ir~crcasc is not retroactive. However, the city has been negotiating an mount that would be retroactive to the period when the last contract expired. He said the firefighters would be giving up substantial lump- sum payments in favor of an 8.5% increase in the future. He said there are major financial issues involved and staff would not put the city in a position of double jeopardy. Council Member Colmenero said the Council has an opportunity to analyze this situation. Council Member Kinnison questioned how staffplans to proceed because a major stumbling block is that the city does not want to give a better deal to one union than it did to another union. Mr. Garcia said he believes there are opportunities for discussion and many ways to approach this situation while still maintaining the integrity of the city's negotiations with the police officers. Mayor Neal announced the executive session (Item 29), pursuant to Texas Government Code Section 551.071 regarding City of Corpus Christi Project #3219, Nourishment of Corpus Christi Beach - 2001, with possible discussion and action related thereto in open session~ The Council went into executive session. The Council returned from executive session. Mayor Neal called for the City Manager's report. Mr. Garcia said the Council's next meeting will be held March 5th and they will not meet March 12th due to the National League of Cities Congressional City Conference in Washington, D.C. He discussed items planned for the Mamh 5th meeting, which will begin at 2 p.m. He said on March 19th there will be a joint meeting with the Airport Advisory Board, followed by the regular Council meeting. Mr. Longoria said he xvill be out of town on March 5th and it was decided to move the discussion about the skate park to March 26th. Minutes - Regular Council Meeting February 26, 2002 Page 23 In his report, Mayor Neal said he distributed to the Council a copy of the new resources guide from Youth Opportunities United. He said they have asked that the document be distributed through the courts, particularly the new juvenile court and the Juvenile Assessment Center. The Mayor also said he received a letter about HB 1445 from the Executive Director of the Texas Municipal League. Mr. Garcia replied that staff has looked at HB 1445, which basically encourages cities and counties to coordinate their land use regulations in the extra-territorial jurisdiction (ETJ). He said that currently the city is the only entity that effectively regulates the land use in the ETJ; the county does not have a Planning Department per se. Mr. Noe said city and county staff.met last week to discuss things they can do to improve the level of service to the development community. Mayor Neal called for Council concerns and reports. Mr. Chesney said he appreciates staff's efforts in allowing the volunteer program at the Animal Control Facility. He asked if the staff hours can be adjusted to ensure that someone is available to answer the phone until 6 p.m. to accommodate citizens. Mr. Garcia said staff will check into that. Mr. Chesney said he also wants to make sure that citizens' questions during the January 31, 2002 town hall meeting were adequately addressed. He said town hall meetings will be held in District 4 on March 25th and April 1st. Mr. Chesney also complimented Gas Department staff.for fixing a gas leak at his home and the firefighters in battling the fire at the Omni Hotel. Mr. Garrett said he has also received favorable comments about the improved situation at the Animal Control Facility. He said it appears that work has stopped on the Ennis Joslin (Spur 3) project. Mr. Angel Escobar, Director of Engineering Services, said he will provide information. Mr. Garrett also urged people to be patient as construction intensifies on the JFK Causeway. Mr. Scott asked about the timing on the Frost Bank building. Mr. Garcia said the hold up was ordering the chillers, which were approved at this meeting. He said the move-in date for the departments in the upper floors is now mid-May while the one-stop business center on the first floor will open later. Mr. Scott also asked about signage on that building. Mr. Garcia said he and Mr. Mike Can'ell have had several discussions but have not yet reached a satisfactory conclusion. Mr. Scott also asked about the city-county health department and Mr. Garcia said that representatives of the health district have cancelled several meetings with city staff. He said staffwas told to contact the health district representatives again in late March. Mr. Colmenero said there are recurring stormwater and wastewater problems at the intersection of Vaky and Swantner. He also complimented the Fire Department for their efforts during the Omni Hotel fire. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 6:44 p.m. on February 26, 2002. 2 '11 F ' '!' ' COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the repair of a frontloader tractor and the purchase of a five year full maintenance agreement from Holt Company of Texas, Corpus Christi, Texas, in accordance with Bid Invitation No. BI-0046-02, based on only bid, for a total amount $296,999.60. The frontloader is to be used by Solid Waste Services Department. Funds have been budgeted by Solid Waste in FY 01-02. Purpose: The frontloader tractor will be used by Solid Waste Services Department in the landfill operation. This tractor is over ten years old and has reached its normal life expectancy. The department is recommending a complete rebuild of the equipment in lieu of replacing it with new equipment. The complete rebuild will provide the department with a comparably new unit. It is estimated that the rebuild will cost approximately half of what a new tractor would cost. The maintenance agreement cost of $171,999.50 will be funded annually at $34,399.92 and is included in the proposed operating budget under the equipment maintenance account. Bid Invitations Issued: Three Bids Received: One Award Basis: Only Bid In order to insure the tractor would be rebuilt according to the original manufacturer's guidelines, specifications required the parts used in the rebuild to be genuine Caterpillar tractor parts. Holt Company of Texas is the Caterpillar tractor distributor in Corpus Christi. Funding: Solid Waste Services ~M}2~3'0-1020-12511 530230-1020-12520 Michael ~e~ra- -~.M. Procurement & General Services Manager $125,000.00 (FY01-02) 34,399.92 Total: $159,399.92 3 AGENDA MEMORANDUM RECOMM,,ENDATION: RECOMMENDATION: Motion approving a supply agreement for black and galvanized pipe fittings in accordance with Bid Invitation No. B~0032-02 with J.M. Supply Company, Corpus Christi, Texas, based on low bid meeting sl~ecifications for an estimated annual amount of $31,702.28. The fittings will be stocked by the Warehouse and distriboted to thc Gas and Water Departments. The term of the contract is tbr twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager, or his designee. Funds have been budgeted by the using department in FY 01-02. BACKGROUND: Purpose: The award consists of 198 line items of various types of fittings ranging in size from ½ inch to 4 inch. The fittings are stocked by the Warehouse and distributed to the Gas and Water Department for the maintenance of lines. Previous Contract: The option to extend the previous contract was not exercised, due to the vendor's inability to maintain contract pricing. Bid Invitations issued: Eighteen Bids Received: Three Price Analysis: Award Basis: Pricing has increased approximately 16 % since'the last contract of December 2000. According to the vendor, the increase is due to an increase in manufacturing and material costs. Low bid meeting specifications. The fittings offered by Ferguson Enterprise, Corpus Cbxisti, Texas do not meet NSF Standard 60/61 certification for potable drinking water. NSF 60/61 certification of drinking water system components, ensures the products used to distribute potable water do not contain contaminants that could cause adverse health effects. Funding: Warehouse Inventory Mich~t31"Barrera,'~ P M Procurement and General Services Manager $32,000 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION Bid Inwta[~on No. B1-0032-02 Black & Galvanized Pipe Fittings Ferguson Enterprise Inc. Corpus Christi, Texas JM Supply Company Corpus Christi, Texas Alamo Iron Works Corpus Christi, Texas TOTAL BID (*) $1~,809.28 $32,865.52 (*) Note: The fittings offered by Ferguson Enterprise, Corpus Christi, Texas do not meet NSF Standard 60/61certification for potable c~rinking water. NSF 60/61 certification of drinking water system components, ensures the products used to distribute potable water do not contain co~taminants that could cause adverse health effects. CITY COUNCIL AGENDA MEMORANDUM February 19, 2002 AGENDA ITEM: AMENDING SECTION 55-I47(a) OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTi, REGARDING AFFIRMATIVE DEFENSES FOR DISCHARGES IN VIOLATION OF INDUSTRIAL WASTEWATER PRETREATMENT STANDARDS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. ISSUE: The Commercial and Industrial Waste Disposal and Pretreatment Ordinance adopted June 1, 1993, incorporated upset language that must be revised to reflect the State's Act of God defense. The revision is necessary to comply with a Texas Natural Resource Conservation Commission (TNRCC) requirement. REQUIRED COUNCIL ACTION: Revise Ordinance Section 55-147(a) to reflect the Act of God Defense and remove the upset defense. BACKGROUND: State and Federal wastewater discharge permits require the City to implement the approved Pretreatment Program. TNRCC Pretreatment Program Audit dated August 21, 2001, requires the City of modify the Ordinance to replace any provisions that an upset shall constitute an affirmative defense with a provision that an event that would otherwise be a violation that is caused solely by an Act of God, war, strike, riot, or other catastrophe is not a violation according to the Texas Water Code TWC, Section 7.251. The State did not adopt the upset language relating to an affirmative defense. The State adopted more stringent criteria known as the Act of God Defense. An upset, for the purposes of the current Ordinance and Title 40 Code of Regulations (CFR) Part 403.16 of the federal pretreatment regulations, means an exceptional incident in which there is unintentional and temporary noncompliance with categorical Pretreatment Standards because of factors beyond the reasonable control of the Industrial User, but not to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Title 30 Part 1 Chapter 315 of the Texas Administrative Code adopted by rule 40 CFR Part 403 by reference, but excluded the adoption of 40 CFR §403.16 because of the more stringent TVVC 7.251. Wastewater Superintendent ORDINANCE STATUS AGENDAITEM: Ordinance amending Section 55-147(a) of the Code of Ordinances, City of Corpus Christi, regarding affirmative defenses for discharges in violation of industrial wastewater pretreatment standards; providing for penalties; providing for severance; and providing for publication. FIRST READING: February 26, 2002 Passed: 9-0 (Unanimous vote) FINAL READING: March 5, 2002 COMMENTS: (None) AN ORDINANCE AMENDING SECTION 55-147(a) OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING AFFIRMATIVE DEFENSES FOR DISCHARGES IN VIOLATION OF INDUSTRIAL WASTEWATER PRET.~EATMEHT 3TANDARDS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 55-147(a) of the Code of Ordinances is revised to read as follows: "Sec. 55-147. Affirmative defenses to discharge violations of federal categorical pretreatment standards and local limits. "(a)_,.wv..~ '-'-'-* Act of God. If a person can establish that an event that would otherwise be a violation of this article, a wastewater permit, a directive issued under this article, or any pretreatment stanaard or requirement was caused soieiy by an act of God, war, strike, riot, or other catastrophe, the event is not a violation of this article, a wastewater permit, a directive issued under this article, or any pretreatment standard or requirement. ........................ that. 2 SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that even/section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 55-146 of the City Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R23601A2.doc ORDINANCE STATUS AGENDAITEM: Ordinance waiving the 60-day waiting period and publication of legal notice; renaming the park at 15601 Gypsy Street on Padre Island from Gypsy Park to the Don and Sandy Billish Park; providing for severance; and providing for publication. FIRST READING: February 26, 2002 Passed: 7-0 (Absent from vote - Javier Colmenero and Jesse Noyola) FINAL READING: March 5, 2002 COMMENTS: (None) CITY COUNCIL AGENDA MEMORANDUM City Council Meeting - February 26, 2002 AGENDA ITEM: Adoption of an ordinance authorizing the renaming of the existing Gypsy Park, as the "Don and Sandy Billish Park". ISSUE: The City has established a formal policy for naming parks and recreation facilities. The City has received a renaming request from the Padre Island Property Owners Association for Gypsy Park located at 15601 Gypsy on the Island. BOARD/COMMITTEE REVIEW: The Park and Recreation Advisory Committee voted unanimously at their February 13, 2002 regular meeting to recommend that the City Council consider waiving the 60 day waiting period and the newspaper publication for this renaming request related to Gypsy Park. The Committee also is asking that the City Council approve the requested renaming of the park as the "Don and Sandy Billish Park" as requested. REQUIRED COUNCIL ACTION: The City Council must approve the naming of all City facilities, parks and recreation facilities and that process is finalized by the adoption of an ordinance. RECOMMENDATION: It is recommended that the renaming of Gypsy Park as the "Don and Sandy Billish Park" be approved and the waivers granted as requested. Marco A. Cisneros, Director Park and Recreation Department ADDITIONAL SUPPORT MATERIAL Council Policy Information X 02/01/02 LZ: J. 8 FA~ 3. i IU~Q R ~ NAMLNO · <~l ~ ~' OF CORPUS [~02 Name FOR 01~ LC.~ ~ OIqLY: 12Jcca~ , Tabled COUNCIl. POLICIES § 6 due deliberation act in the best interest of all the citizens. Council Members and the Mayor shall be referred to by title and/or title with surname. k. All remarks shall be addressed to the Mayor and City Council o_nd not to the Council Members as individuals. 1. Citizens are authorized and encouraged to present their views to the Council on agenda action items, or during the petitions part on nan-agenda City-related matters. How- ever, such should be done in a factual, precise presentation and questions of Council or staff are inappropriate. Loud, boisterous, profane, or obscene ban~ or ]~bavinr ia not allowed. m. Persons in the immediate vicinity of the City Council while in session shall refrain from any disturbing noise, demon- stration, or other act disrupting to the City Council busi- These rules are not meant t~r res~ram a citizen's first amevrtment (Res. Bio. 21901, § 1, 3-22-94) 6. Namin~ of City parks and recreational facilities. A formal policy for ..,.,,i,-,_~ of parka and recreation facilities in the City of Corpus Christ/is hereby adopted, and the guidelines shall be u follows: A. Don~t/on~. Upon d~matien of at least 51 percent of the value of a park or park facility and upon recommendatien of the Park and Recreation Advisory Committee, the City Council may name the park or park f~illty as the donstlnE party desi~tes. B. $~!~//v/~/on ~. Park land received through dedi- cation under the City's Platting Ol'rllnsne.~ $}~11 be named by the Park and Reo~ention Advisory Committee. No for- mai action needs to be taken by the City Co,m~i C. N~me C~e. The City of Corpus Christi discourages prolxmaia whereby the name of a park or park facility Supp. No. 51 §6 CORPUS cI-r~Is~ CODE the Park and Recreation Advisory Committee will consider the request. The pnmin) of an ,,nnamed new park or park facility is preferred and is recommended. The following definitive steps shaJ! be taken regarding a proposed name change. (1) Persons, groups, or org~-ations desiring the u~me ~h~nge sh~U fill out a request for name ~h~n~e and submit the proposal to the t~ of the Pa~k and l~c~ation Dep~l~ent for review and consultation with the requesg~g enfi~. (2) Name c~-%~e requests sh~ll be submit~:~l to the Park and Recreatiol~ Ad~'iaory Commi~. No actian may be taken by the Bo~d for a ,~,,~ of 60 days after receipt of the proposal. (3) Du~ing the 60-day waiting period, legal notice shall be published twice in a newspaper of ge~aral circulation giving notice of the l~roposed ~-~e ~h~e. (4) Written co,~ments are ~o be submitted to the Park and- Recreation Advisory Committee and int~sted indi- the issue. (st) Approve the ~.n~ t-e~et- thn recommendao (b) (¢) T~ble th~ ~ f~ ~ a~ ~ ~d~on~ ~o~a~on. ~ ~e ~ ~ ~ ~ ~ by~e ~ ~W Co~ a~e or ~ ~ ~ ~ ~, at i~ opfi~, c~ w~ve ~ ~ ~ ~d~ ~ ~ a~v~, ~ P~ ~ ~fion D~t Sul~ No. $1 140 COUNCIL POLICLES §9 shall arrange suitable reD~mlng ceremonies. Costs aesOC~ated with ren~min~ caremomes and the provi- sions of markers, plaques, or memorials shall be borne by the entity proposing the name change. D. Spectai Consid~ra~Onz. In choosing ~mes a~er individu- als, consideration may be given to persons living or dead. Special consideration shall be g~Ven to the contributions the person has made to the City. State, or Country. A facility or park may not be n~med after a,u individual currently in public office or serving as an employee of a local governmental jurisdicCio~ A one-year waltiug period after termination from public office or municipal employ- meat is considered adequate. Names related to religious denominations will generally not be favorably considered unless the rules of donation apply. Input from neighbor- hood organizations in the immediate vicinity of the park or facility will be sought in the case of a name ch=-ge request. (Res. No. 21901, § 1, 3-22-94) 7. N**mlng of streets. The City Co, mall hereby setab]~h~.s a policy of declining to ~h~go the names of st~et~ in the City of Corpus Christi except u~der unusual, extenuatin.~ ciro,ms~mcee. (Res. No. 21901, § 1, 3-22-94) 8. Nmning of City facilities. Final decisions regarding the naming of City facilities shall be the decision of the City Council. The City Council may request l'~commendations from City Boards, Commissions, Committees, or other advisory bodies. (Res. No. 21901, § l, 3-22-94) 9. Community Development Block Grant Program. Through the Comm,mlty Development Block Grant Program, the City Council providee fer the development and preservation of a viable urban community, a suitable living environment, decent housing and expanded economic opportumties, principally for persons of Iow and moderate income, and aids in the prevention Supp. No. 51 141 AN ORDINANCE ~NAIVING THE 60-DAY WAITING PERIOD AND PUBLICATION OF LEGAL NOTICE; RENAMING THE PARK AT 15601 GYPSY STREET ON PADRE ISLAND FROM GYPSY PARK TO THE DON AND SANDY BILLISH PARK; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Pursuant to Policy No. 6 of Council Policies, Resolution No. 21901, adopted March 22, 1994, upon unanimous recommendation of the Park and Recreation Advisory Committee, the City Council waives the 60-day waiting period and publication of :ega; not~ce. SECTION 2. The name of the park at 15601 Gypsy Street, on Padre Island, currently known as Gypsy Park, is hereby renamed the Don and Sandy Billish Park. SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, para- graph, subdivision, clause, phrase, word or provision of this ordinance, for it is the def- inite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 4. Publication of this ordinance will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Fireworks regulations and enforcement in the City of Corpus Christi STAFF PRESENTER(S): Name 1. Juan J. Adame 2. Pete Alvarez Title/Position Fire Chief Police Chief Department CC Fire Department CC Police Depa,[,,ent ISSUE: Presentation requested by City Council to provide information regarding the City of Corpus Chdsti's regulations and enforcement efforts in relation to the use of fireworks inside the city limits. REQUIRED COUNCIL ACTION: No City Council action is required at this time. The presentation is for informational purposes. -~. J. Adame -~'~lre Chief Corpus Christi Fire Department AGENDA MEMORANDUM DATE: February 26, 2002 SUBJECT: Corpus Christi Animal Shelter and Vector Control Facility (Project No. 5117) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Southern Contracting in the amount of $2,303,629 for the Corpus Christi Animal Shelter and Vector Control Facility. ISSUE: The existing Animal Shelter and Vector Control Facilities are overcrowded; the animal kennels do not drain properly; water pressure is inadequate; electrical, heating and lighting systems need to be upgraded for safety and security; and animal cages are too small for comfort and make cleaning difficult. The proposed project replaces the existing Animal Control and Vector Control Facilities. FUNDING: Funds for this project are available in the FY 2000-2001 Public Health and Safety Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. ! Nina M. Sisley, M. D.,d/~I./P. H. Director of Public Health ~ Director of Engineering Services Additional Support Material: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Background Information Project Budget Bid Tabulation Location Map 1 Location Map 2 Exhibit "F" Artist Site Rendering BACKGROUNDINFORMATION SUBJECT: Corpus Christi Animal Shelter and Vector Control Facility (Project No. 5117) PRIOR COUNCIL ACTION: 1. November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adopting and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ordinance No. 024269). 2. January 30, 2001 - Motion authorizing the City Manager, or his designee, to execute an architectural services contract in the amount of $261,725 with Bennett, Martin, Solka & Torno for the Corpus Christi Animal Shelter and Vector Control Facility (Motion No. M2001-033). 3. January 15, 2002 - Ordinance approving FY 2001-2002 Capital Improvement Budget (Ordinance No. 024730). PRIOR ADMINISTRATIVE ACTION: 1. October 18, 2000 - Distribution of Request for Qualifications (RFQ) No. 2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement Projects)to 73 local architectural and engineering firms. 2. November 10, 2000 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. January 10, 2001 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2000-08 - (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. PROJECT BACKGROUND: The proposed project replaces the existing Animal Shelter and Vector Control Facilities. The existing facilities are overcrowded; the animal kennels do not drain properly; water pressure is inadequate; electrical, heating and lighting systems need to be upgraded for safety and security; and animal cages are too small for comfort and make cleaning difficult. Both facilities also do not meet many Americans with Disabilities Act (ADA) requirements. The Architect, Bennett, Martin, Solka & Torno, has recommended to breakout the proposed project into four (4) separate construction contracts for bidding to allow for maximum participation by small, minority contractors. The project consists of the following components: ;~ ~ ~ -~ ~',','~ H:'~H OM E~VELMAR~G EN~H EALTH~ 11 T~CON$'rRUCTION~GENDA BACKGROUND IEXHIBIT "A" I Page 1 of 4 · Base Bid "A" - consists of the construction of the main administration building; · Base Bid "B" - consists of the construction of the kennels and related facilities; · Base Bid "C" - consists of the construction of the Vector Control Workshop and Storage facilities, site work, and landscaping; and · Base Bid "D" - consists of a bid package including Phases "A", "B", and "C" as one consolidated bid item. The scope of work of Phase "A", "B" and "C" have the approximate same construction value. The idea of four (4) separate construction contracts has been endorsed by the Mayor's City Major Construction Projects Advisory Panel at their January, 2001 meeting. PROJECT DESCRIPTION: The project consists of the following Bid Item components: Base Bid "A" - New construction to include ddlled concrete piers, concrete foundation, CMU veneer on CMU load beadng walls, metal drywall studs, casework, hollow metal doors and frames, wood doors, hardware, amhitectural finishes, architectural specialties, engineered prefabricated wood truss roof framing system and mechanical and electrical work for the approximately 7,586 square feet Administration Building containing offices and labs for the City Animal Shelter and Vector Control facilities to five feet outside of the foundation line. It is proposed the project be completed in 200 calendar days with completion anticipated by the end of September 2002. Base Bid "B" - New construction to include ddlled concrete piers, concrete foundation, CMU load bearing walls, glazed clay tile kennel partitions, casework, reinforced fiberglass plastic doors and frames, hardware, architectural finishes, architectural specialties, engineered prefabricated wood truss reof framing system and mechanical and electrical work for the approximately 11,790 square feet Kennel Buildings which include euthanasia areas, animal kennels, offices and storage for Animal Control facilities to five feet outside of the foundation line. It is proposed the project be completed in 200 calendar days with completion anticipated by the end of September 2002. Base Bid "C" - New construction to include ddlled concrete piers, concrete foundation, CMU load bearing walls, casework, hollow metal doors and frames, hardware, architectural finishes, architectural specialties, engineered prefabricated wood truss roof framing system and mechanical and electrical work for the approximately 4,630 square feet Vector Control shop which includes insecticide storage, general storage, work area, retention compound and animal dip tanks. Also, include all utilities to within five feet of the building foundations, site work, permanent fencing, paving, landscaping, and irrigation for Base Bids "A", "B", and "C". It is proposed the project be completed in 270 calendar days with completion anticipated by the end of November 2002. H;IHOM E~VELMAR~GEN',H EALTH~5117~;ONSTRUCTiO N~AG ENDA BACKGROUND rEXHIBIT "A" I Page 2 of 4 Base Bid "D" - Combines the scope of Base Bids "A", "B", and "C". It is proposed the project be completed in 270 calendar days with completion anticipated by the end of November 2002. The project consists of the following Additive Alternates: · Additive Alternate No. 1 - Provide approximately 690 linear feet of chain link fencing around the north parking lot and Vector Control shop, including two (2) cantilever sliding gates, and concrete mowstrip. · Additive Alternate No. 2 - Provide additional approximately 1,640 square feet building to include 26 small dog kennels with all equipment, specialties, mechanical, and electrical work. · Additive Alternate No. 3 - Provides for finishing out Lab 3, room 117 and Small Animal, room 117a with textured and painted walls, vinyl composition tile floors, lower casework, and plumbing fixtures. · Additive Alternate No. 4 - Provide concrete pavement in parking lots in lieu of asphalt pavement. · Additive Alternate No. 5 - Provide upper wall cabinets in Lab 1, Room 115; Lab 2, Room 116; and Lab3, room 117. BID INFORMATION: The City received proposals from five (5) bidders on February 20, 2002. See Exhibit "C" Bid Tabulation. The project consists of four (4) Base Bids. The bids range as follows: Base Bid "A" from $671,000 to $847,711 Base Bid"B" from $1,047,000 to $1,148,229.60 Base Bid"C" from $720,000 to $726,880 Base Bid"D" from $2,288,629 to $2,722,821.20 The Enginee¢s estimated construction cost for the project is $2,167,000. The Bid Proposal submitted by MCC Construction did not include a Bid Bond and is therefore considered a Non-Responsive Bid. The method of award for the contract is specified that the bids will be evaluated based on the following order, subject to availability of funds: 1. Base Bid "A', Base Bid "B", Base Bid "C" individually or Base Bid "D". 2. It is the Bidder's option to submit a bid package for Base Bid "A', Base Bid "B", Base Bid "C", Base Bid "D" or any combination thereof. 3. Award is based on the lowest Total of Base Bid "A", Base Bid "B", Base Bid "C" individually or Base Bid "D". 4. The Additive Altemates will be considered in the numbered Pfiodty order, subject to availability of funds. IEXHIBIT "A" I Page 3 of 4 City staff recommends that based on Iow Total Base Bid and past satisfactory experience, the Total Base Bid, Additive Alternate No. 1, and Deductive Alternate No. 1 be awarded in the amount of $2,303,629 to Southern Contracting of Corpus Christi, Texas for the Corpus Christi Animal Shelter and Vector Control Facility. FUNDING: Funds for this project are available in the FY 2001-2002 Public Health and Safety Capital Improvement Budget. EXHIBIT "A" II Page 4 of 4 PROJECTBUDGET CORPUS CHRISTI ANIMAL SHELTER AND VECTOR CONTROL FACILITY (Project No. 5117) February 26, 2002 FUNDS AVAILABLE: Public Health and Safety ............................................................ $2,800,000.00 FUNDS REQUIRED: Construction (estimate) ............................................................ $2,203,629.00 Equipment (estimate) ................................................................ Furnishings (estimate) ................................................................ Contingencies (5%) .................................................................. Consultant (Bennett, Martin, Solka & Torno) ................................. Bond Issuance Expense (1%) ...................................................... Administrative Reimbursements (1%) .......................................... Engineering Reimbursements ..................................................... Testing ................................................................................. Printing, Advertising, etc ............................................................ Total .................................................................................... 50,000.00 50,000.00 113,350.00 261,725.00 28,000.00 28,000.00 41,796.00 20,000.00 3,500.00 $2,800,000.00 EXHIBIT "B" Page 1 of I TABULATION or SIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BYE .Angel R.Bacobar, P.R., Director of Engineering Services DATEi Wednesday, February 20, 2002 TIME OF COMPLSTIONt 270 Calendar Days Corpus Christi Animal Shelter and Vector Control Facility RE -BID Southern Contracting, Inc Project No. 5117 521 MCB Ii de Lane C.C., TX 78408 DESCRIPTION QTY UNIT UNIT AMOUNT PRICE To furnish all labor and materials, tools, and necessary equipment, and to perform the work required, atthe locations set out by the plans and specs and in strict accordance with the contract documents. Base Bid Item "A": All work shown except that work which is described as Alternate Bid Items No. 3 and 5. TOTAL BASE SID ITEM A ; Item Various Sections: Finish out late 3, room 117 and N0.3 small animal, room 117a Awith textured and painted only walls, vinyl composition tile floors, lower casework and plumbing fixtures Item Section 06410 Casework: A Provide upper wall cabinets No.5 in lab 1, room 115; lab 2, BB -A' room 116; and lab 3 room only 117 Lump Sum Lump Sum NO BID NO BID NO BID David van Fleet, Inc. dba Van Fleet Constr. 312 Kleberg Kingsville, TX 78363 UNIT AMOUNT PRICB $710,000.00 $8,900.00 $6,500.00 Black Brother, Constr. Inc. P.O. Box 271027 C.C., TX 78417 M117 AMOUNT PRICE NO BID NO BID NO BID Page 1 of 16 ENGII4EBR'S ESTIMATE: $2,167,000 NUway International Inc. P.O. Box 270898 C.C., TX 78427 UNIT I AMOUNT PRICE $847,711.00 $10,950.00 $7,000.00 i Exhibit "C" Page 1 of 16 TABULATION OF BIDS Page 2 of 16 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY, Angel R.Escobar, P.R., Director of Engineering Services DATE, Wednesday, February 20, 2002 TINE OF COMPLETION, 270 Calendar Days ENGINEER'S ESTIMATE. $2,167,000 Corpus Christi Animal Shelter and Southern Contracting, Inc. David Van Fleet, Inc. Black Brothers Constr. Nuway International Inc. Vector Control Facility RE -BID 521 McBride Lane dba Van Fleet Constr. Inc. P.O. Box 270898 Project No. 5117 C.C., TX 78408 312 Kleberg P.O. Box 271027 C.C., TX 78427 Kingsville, TX 78363 C.C., TX 78417 QTY. UNIT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT DESCRIPTION PRICE PRICE PRICE PRICE To furnish all labor and materials, tools, and necessary equipment, and to perform the work required, at the locations set Out by the plans and specs and in strict accordance with the contract documents. Total Base Bid "B': All work shown except that work which is described as Alternate Bid Item N0.2 TOTAL BASE BID ITEM •B", NO BID $1,047,000.00 NO BID $1,148,229.60 Item Section 10607 Kennel Lump NO BID $140,000.00 NO BID $130,000.00 AA Enclosures: Provide Sum No.2 additional approximately BB 1,640 sf building to ,B. include 26 small dog only kennels with all equipment, specialties, mechanical and electrical work Exhibit "C" Page 2 of 16 TASV"TI0N Or BIDS 0EPARTIOINT Or EROIMEERINO • CITY Or COME CHRISTI, TREAS TABULATED BY. Angel R.Eacobar, P.E., Direetor of Engineering Services DATE, Wednesday, February 20, 2007 TIME Or COMPLETION, 270 Calendar Days Corpus Christi Animal Shelter and Southern Contracting, Inc. David Van Fleet, Inc. Vector Control Facility RE -BID 521 McBride Lane dba Black Brothers Constr Project No. 5117 Van Fleet Constr. Inc. - C.C., TX 78408 312 Kleber 9 P.O. Box 271027 Kingsville, TX 78363 C.C., TX 78417 DESCRIPTION QTY.OBIT UNIT AMOUNT KT UNIT AMOUNT PRICE FIR UNIT AMOUNT _ PRICE To furnish all labor and materials, tools, and necessary equipment, and to perform the work required, at the locations set out by the plans and specs and in strict accordance with the contract documents. Total Base Bid Item •C", All work shown except that work which is described as Additive Alternate Bid Items No.l and 4 and Deduct Alternate Bid Items No.l and 2. TOTAL BABE BID ITEM •C", Item Section 02831 Chain Link Fence and Gates: Provide Nn.l approximately 690 if of �C chain link fencing around only the north parking lot and Vector Control shop, including two cantilever sliding gates, and concrete mowstrip Lump Sum NO BID NO BID $720,000.00 $25,000.00 NO BID NO BID Page 2 of 16 ENGINEER'S ESTIMATE, $2,167,000 Nuway International Inc. P.O. Box 270898 C.C., TX 78427 UNIT I AMOUNT PRICE $726,880.00 $25,280.00 Exhibit "C" Page 3 of 16 Exhibit "C" Page 4 of 16 4 TABULATION Or BIDS k 14 Page 4 of 16 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY, Bagel R.Escobar, P.E., Director of Engineering Services DATE, Wednesday, February 20, 2002 TIME OF COMPLETION, 270 Calendar Days ENGINEER'S ESTIMATE, $2.167,000 Corpus Christi Animal Shelter and Southern Contracting, Inc. David Van Fleet, Inc. Black Brothers Constr. Nuway International Inc. Vector Control Facility RE -BID 521 McBride Lane dba Van Fleet Constr. Inc. P.O. Box 270898 Project No. 5117 C.C., TX 78408 312 Kleberg P.O. BOX 271027 C.C., TX 78427 Kingsville, TX 78363 C.C., TX 78417 DESCRIPTION QTY. UNIT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT PRICE PRICE PRICE PRICE Item Section 02510 Asphalt Lump NO BID $78,400.00 NO BID $70,000.00 AA Paving and Section 02520 Sum 11°.4 Concrete Paving: Provide concrete pavement in only parking lots in lieu of asphalt pavement Item Section 02510 Asphalt Lump NO BID -$16,000.00 NO BID -$21,000.00 DA Paving and Section 02520 Sum No-' Concrete Paving: Delete C 24'-0" wide asphalt service only drive including base, subgrade prep., etc. Exhibit "C" Page 4 of 16 4 k 14 � Exhibit "C" Page 4 of 16 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TABULATED BY: Lngel R.Eecobar, P.E., Director of Engineering services DATE: Wednesday, February 20, 2002 TIME OF COMPLETION: 270 Calendar Days Corpus Christi Animal Shelter and Southern Contracting, Inc. David Van Fleet, Inc. Vector Control Facility RE -BID 521 McBride Lane Project No. 5117 dba Van Fleet Constr. C.C., TX 70408 312 Kleberg Kingsville, TX 78363 TRUE Black Brothers Constr Inc. P.O. Box 271027 C.C., TX 78417 DESCRIPTION QTY, UNIT UNIT AMOUNT OMIT AMOUNT UNIT AMOUNTPRICB PRICB Item Section 02218 Landscape Lump DA Grading and Section 02223 NO BID Sum -$20,000.00 NO BID "0.2 _ Backfilling: In addition to C only furnishing the 4000 cubic yards (loose measure) of common fill material stockpiled on site as per Addendum No. 4, the City will furnish and stockpile on site an additional quantity of common fill material sufficient for the entire project (UP to 7500 cubid yards, loose measure) (for a total quantity of 11,500 cubic yards, loose measure) and a quantity of topsoil fill material sufficient for the entire project (up to 1900 cubic yards, loose measure) Page 5 of 16 ENGINSRR'S ESTIMATE: $2,167,000 777C International Inc. O. BOX 270B98 .C., TX 78427 UNIT I AMOUNT PRICE 0 i ,VVVVV Exhibit "C" Page 5 of 16 i Exhibit "C" Page 6 of 16 TABULATION OF BIDS Page 6 of 16 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY, Bagel R.Escobar, P.S., Director of Engineering Services DATE. Wednesday, February 20, 2002 TINE OF COMPLETION. 270 Calendar Days ENGINEER'S ESTIMATE. $2,167,000 Corpus Christi Animal Shelter and Southern Contracting, Inc. David Van Fleet, Inc. Black Brothers Constr. Nuway International Inc. Vector Control Facility REBID 521 McBride Lane dba Van Fleet Constr. Inc. P.O. Box 270898 Project No. 5117 - C.C., TX 78408 312 Kleberg P.O. Box 271027 C.C., TX 78427 Kingsville, TX 78363 C.C., TX 78417 DESCRIPTION QTY. UNIT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT PRICE PRICE PRICE PRICE To furnish all labor and materials, tools, and necessary equipment, and to perform the work required, at the locations set out by the plans and specs and in strict accordance with the contract documents. Base Bid Item •D": All work shown in the combination of Bid Items A,B,and C except that work which is described as Additive Alternate Bid Items No.1,2,3,4 or 5 and Deductive Alternate Items No.l and No.2 TOTAL BASE BID ITEM 'D". $2,288,629.00 $2,360,000.00 $2,369,000.00 $2,722,821.20 Item Section 02831 Chain Link Lump $33,000.00 $25,000.00 $29,800.00 $25,280.00 AA Fence and Gates: Provide Sum N0.1 approximately 690 if of chain link fencing around the north parking lot and Vector Control shop, including two cantilever sliding gates,and concrete mowstrip Exhibit "C" Page 6 of 16 TABULATION OF BIDE DEPARTMENT OF ENOINBEEINO - CZTY OF CORPUS CHRISTI, TERAS TABULATED BY, J'ngel E.Escobwr, D.R., Director of Engineering Services DATE, Wednesday, February 20, 2002 TIME OF COMPLETION, 270 Calendar Days Corpus Christi Animal Shelter and Southern Contractin In Page 7 of 16 ENGINEER'S ESTIMATE: $2,167,000 Nuway International Inc. P.O. Box 270890 7C.C., TX 78427 Vector Control Facility RE-BIDg• ° C. 521 David Van Fleet, Inc. Black Brothers Constr. Project No. 5117 McBride Lane dba Van Fleet Constr. Inc. C.C., TX 78408 312 Kleber 9 P.O. Box 271027 Kingsville, TX 78353 C.C., TX 78417 DESCRIPTION QTY. UNIT OMIT AMOUNT OMIT PRICK AMOIINf VMT AMOUNT PRICE PRICE item Section 10607 Kennel Lump AA Enclosures: Provide N 2 Sum $138,440.00 $140,000.00 $140,000.00 ' additional approximately 1,640 sf building to include 26 small dog kennes with all equipment, specialties, mechanical and electrical work Item Various Sections: Finish AA out Lab 3, room 117 and D°.3 small animal, room 117a with textured and painted walls, vinyl composition tile floors, lower casework, and plumbing fixtures Item Section 02510 Asphalt AA Paving and Section 02520 N0.4 Concrete Paving: Provide concrete pavement in parking lots in lieu of apshalt pavement. Item Section 06410 Casework: AA Provide upper wall cabinet, MO,5 in Lab 1, room 115; Lab 2, room 116: and Lab 3, room 117 UNIT I AMOBNT PRICE 5130,000.00 Lump .$8,000.00 Sum $0,900.00 $7,700.00 $10,950.00 Lump $41,000.00 Sum $78,900.00 $74,000.00 $70,000.00 Lump +$6,600.00 Sum $6,500.00 $5,000.00 $7,000.00 Exhibit "C" Page 7 of 16 TABULATION OF EIDE DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BX, Angel R.Escobar, P.H., Director of Engineering Services DATE: Wednesday, February 20, 2002 TIME OF COMPLETION: 270 Calendar Days Pages S of 16 ENGINEER'S ESTIMATE: $2,167,000 Corpus Christi Animal Shelter and Vector Control Facility RE -BID Project No. 5117 Southern Contracting, Inc. 521 McBride Lane C.C., TX 78408 David Van Fleet, Inc. dba Van Fleet Constr. 312 Kleberq Kingsville, TX 78363 Black Brothers Constr. Inc. P.O. Box 271027 C.C., TX 78417 Nuway International Inc. P.O. Box 270898 C.C., TX 78427 DESCRIPTION QTY. UNIT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNTTDIIT AMOUNT PRICE PRICE PRICE PRICK Item Section 02510 Asphalt Lump -$18,000.00 -$16,000.00 -$26,000.00 -$21,000.00 DA Paving and Section 02520 Sum No.1 Concrete Paving: Delete 24'-0^ wide asphalt service drive including base, subgrade prep, etc. Item Section 02218 Landscape Lump -$15,000.00 -$20,000.00 -$30,000.00 -$22,000.00 DA Grading and Section 02223 Sum No.2 Backfilling: In addition to furnishing the 4000 cubic yards (loose measure) of common fill material stockpiled on site as per Addendum No. 4, the City will furnish and stockpile on site an additional quantity of common fill material sufficient for the entire project (up to 7500 cubid yards, loose measure) (for a total quantity of 11,500 cubic yards, loose measure) and a quantity of topsoil fill material sufficient for the entire project (up to 1900 cubic yards, loose measure) Exhibit "C" Page 8 of 16 1. Exhibit "C" Page 8 of 16 TABULATION OF BIDS Page 9 of 16 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY, Angel R.Escobar, P.S., Director of Engineering Services DATE, Wednesday, February 20, 2002 TIME OF COMPLETIONS 270 Calendar Days ENGINEERS ESTIMATE, $2,167,000 Corpus Christi Animal Shelter and Ground Up, Inc. dba -MCC Construction Corp. Vector Control Facility RE -BID Construction/Project Mgt. P.O. Box 181079 Project No. 5117 P.O. Box 270894 C.C., TX 78418-1079 C.C., TX 78427 DESCRIPTION QTY. UNIT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT PRICE PRICE UNIT AMOUNT PRICE PRICE To furnish all labor and materials, tools, and necessary equipment, and to perform the work required, at the locations set out by the plans and specs and in strict accordance with the contract documents. Base Bid Item 'A•: All work shown except that work which is described as Alternate Bid Items No. 3 and 5. TOTAL BASE BID ITEM `A': $671,000.00 +$597,594.00 Item Various Sections: Finish Lump $8,380.00 +$24,800.00 AA out late 3, room 117 and Sum no.3 small animal, room 117a BB_ with textured and painted only walls, vinyl composition tile floors, lower casework and plumbing fixtures Item Section 06410 Casework: Lump $5,350.00 +$10,000.00 �` Provide upper wall cabinets Sum No.S in lab 1, room 115; lab 2, room 116; and lab 3 room `B A only 117 Exhibit "C" Page 9 of 16 TABULATION OF BIDS Page 10 of 16 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY, Angel R.Escobor, P.R., Director of Engineering Services DATE, Wednesday, February 20, 2002 TIME OF COMPLETION, 270 Calendar Days RUGINEER'S ESTIMATEz $2,167,000 Corpus Christi Animal Shelter and Ground up, Inc. dba Vector Control Facility RE -BID Construction/Project Mgt. Project No. 5117 P.O. Box 270894 C.C., TX 78427 -MCC Construction Corp. P.O. Box 181079 C.C., TX 7841B-1079 DESCRIPTION QTY. UNIT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT PRICE PRICE PRICE PRICE To furnish all labor and materials, tools, and necessary equipment, and to perform the work required, at the locations set out by the plans and specs and in strict accordance with the contract documents. Total Base Bid •B": All work shown except that work which is described as Alternate Bid Item No.2 TOTAL BASE BID ITEM `B', NO BID •$920,156.00 Item Section 10607 Kennel Lump NO BID •$148,450.00 AA Enclosures: Provide Sum No.2 additional approximately BB_ 1,640 of building to B include 26 small dog only kennels with all equipment, specialties, mechanical and electrical work Exhibit "C" Page 10 of 16 TABULATION or BIDS DRPAETNENT Or ENOINBRRINo - CZTY Or CORPUS CHRISTI, TEXAS TABULATED BY, "gal R.Eseobar, P.E., Director of Engineering Services DATEf Wednesday, February 20, 2002 TIME OF COMPLETION, 270 Calendar Days Paye 11 Of 16 ENGINEER'S ESTIMATE, $2,167,000 Corpus Christi Animal Shelter and Vector Control Facility RB -BID Project No. 5117 Ground up, Inc. dba Construction/Project Mgt. P.O. Box 270694 *MCC P.O. C.C., Construction Corp. BOX 181079 TX 78418-1079 C.C., TX 78427 aDRScRrPTION M. UNIT UNIT AMOUNT PRICE UNIT PRICE AMOUNT -.. UNIT AMOUNT PRICE UNIT AMOUNT I PRICE To furnish all labor and materials, tools, and necessary equipment, and to Perform the work required, at the locations set out by the plans and specs and in strict accordance with the contract documents. Total Base Bid Item "C": All work shown except that work which is described as Additive Alternate Bid Items No.l and 4 and Deduct Alternate Bid Items No.l and 2. TOTAL BABB BID ITEM •C", NO BID Item Section 02831 Chain Link Lump NO BID �' Pence and Gates: Provide Sum No.1 approximately 690 if of chain link fencing around only the north parking lot and Vector Control shop, including two cantilever eliding gates, and concrete mowstrip •$631,994.00 •$37,000.00 Exhibit "C" Page 11 of 16 TABULATION OF BIDS DEPARTMSHT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY, Angel R.Escobar, P.E., Director of Engineering Services DATE, Wednesday, February 20, 2002 TIME OF COMPLETION, 270 Calendar Days Page 12 of 16 ENGINEER'S ESTIMATE, $2,167,000 Exhibit "C" Page 12 of 16 Corpus Christi Animal Shelter and Vector Control Facility RE -BID Project No. 5117 Ground Up, Inc. dba Construction/Project Mgt. P.O. Box 270894 C.C., TX 78427 *MCC P.O. C.C., Construction Corp. Box 181079 TX 78418-1079 DESCRIPTION QTY. UNIT UNIT AMOUNT UNIT AMOUNT OMIT AMOUNT UNIT AMOUNT PRICE PRICE PRICE PRICE Item Section 02510 Asphalt Lump NO BID `$75,000.00 AA Paving and Section 02520 Sum t1_ °A Concrete Paving: Provide concrete pavement in oilj parking lots in lieu of asphalt pavement Item Section 02510 Asphalt Lump NO BID •-$21,000.00 DA Paving and Section 02520 Sum Hn.l Concrete Paving: Delete 24'-0- wide asphalt service only drive including base, subgrade prep., etc. Exhibit "C" Page 12 of 16 TABULATION OP BIDS DEPARTMENT OF ENGINEERING - CITE OF CORPUS CHRISTI, TEXAS TABULATED By, "gal R.Escobar, P.R., Director of Engineering Services DATE, Wednesday, February 20, 2002 TIME OF COMPLETION, 270 Calendar Days Page 13 of 16 ENGINERR'S RSTIMATR: 52.167.enn Corpus Christi Animal Shelter and Ground Up, Inc. dba *MCC Construction Corp. Vector Control Facility RE -BID Construction/Project Mgt. P.O. Box 181079 Project No. 5117 P.O. Box 270894 C.C., TX 78418-1079 C.C., TX 78427 DESCRIPTION QTY. UNIT UNIT AMOUNT UNIT AMOUNT UNIT PRICE PRICE AMOUNT UNIT AMOUNT PRICE PRICE Item Section 02218 Landscape Lump NO BID DA Grading and Section 02223 Sum �-$31,]50.00 N0.2 Backfilling: In addition to �C furnishing the 4000 cubic only yards (loose measure) of common fill material stockpiled on site as per Addendum No. 4, the City -ill furnish and stockpile on site an additional quantity of common fill material sufficient for the entire project (up to 7500 cubid yards, loose measure) (for a total quantity of 11,500 cubic yards, loose measure) and a quantity of topsoil fill material sufficient for the entire project (up to 1900 cubic yards, loose measure) Exhibit "C" Page 13 of 16 TABULATION OF RIDS DEPARTMENT OY ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Fingal R.Escobar, P.E., Director of Engineering Services DATE: Wednesday, February 20, 2002 TINE OF COMPLETION: 270 Calender Days Corpus Christi Animal Shelter and Vector Control Facility RE -BID Project No. 5117 DESCRIPTION To furnish all labor and materials, tools, and necessary equipment, and to perform the work required, at the locations set out by the plans and specs and in strict accordance with the contract documents. Base Bid Item "D": All work shown in the combination of Bid Items A,B,and C except that work which is described as Additive Alternate Bid Items No.1,2,3,4 or 5 and Deductive Alternate Items No.l and No.2 TOTAL BASK BID ITEM •D•: Item Section 02831 Chain Link AA Fence and Gates: Provide No.l approximately 690 if of chain link fencing around the north parking lot and Vector Control shop, including two cantilever sliding gates,and concrete mowstrip Ground Up, Inc. dba Construction/Project Mgt P.O. Box 270894 C.C., TX 78427 -MCC Construction Corp. P.O. Box 181079 C.C., TX 78418-1079 Page 14 of 16 ENGINEER'S ESTIMATE: $3,167,000 QTY. I UNIT 11UN CH I AMOUNT I PRICE i AMOUNT I PUNIT I AMOUNT I RICE PRICE UNIT I AMOUNT NO ,744.00 LS� I I NO BID I I •$2'$37,000.00 Exhibit "C" Page 14 of 16 Exhibit "C" Page 15 of 16 TAEULATION Of EIDE Page Is of 14 DEPARTMENT OF ENOINEERINO - CITY OF CORPDE CRRIETI, TEEN ' TABULATED BY, Hugel R.Eacobar, P.E., Director of Engineering services DATE: Wednesday, February 20, 2002 TIME OF COMPLETION: 270 Calendar Days EEGINEER'8 ESTIMATEt $2,167,000 Corpus Christi Animal Shelter and Ground Up, Inc. dba -MCC Construction Corp. vector Control Facility RE -BID Construction/Project Mgt. P.O. Box 181079 Project No. 5117 P.O. Box 270894 C.C., TX 78418-1079 C.C., TX 78427 DESCRIPTION OTT. UNIT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT PRICE PRICE PRICE PRICE Item Section 10607 Kennel Lump NO BID •$148,450.00 AA Enclosures: Provide Sum No.2 additional approximately 1,640 sf building to include 26 small dog kennel with all equipment, specialties, mechanical and electrical work Item Various Sections: Finish Lump NO BID •$24,800.00 out Lab 3, room 117 and Sum No.3 small animal, room 117a with textured and painted walls, vinyl composition tile floors, lower casework, and plumbing fixtures Item Section 02510 Asphalt Lump NO BID •$75,000.00 AA Paving and Section 02520 Sum NO -4 Concrete Paving: Provide concrete pavement in parking lots in lieu of apshalt pavement. Item Section 06410 Casework: Lump NO BID +$10,000.00 AA Provide upper wall cabinets Sum No -5 in Lab 1, room 115; Lab 2, room 116: and Lab 3, room 117 Exhibit "C" Page 15 of 16 TABULATION OP BIDE DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED By, Angel R.Eecobar, P.E., Director of Engineering Services DATE, Wednesday, February 20, 2002 TIME OF COMPLETION, 270 Calendar Days Page 16 of 16 ENGIMERR'S ESTIMATE: $2,167,000 Corpus Christi Animal Shelter and Ground up, Inc. dba -MCC Construction Corp. Vector Control Facility RE -BID Construction/Project Mgt. P.O. Box 181079 Project No. 5117 P.O. Box 270894 C.C., TX 78418-1079 C.C., TX 78427 DESCRIPTION M. UNIT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT PRICE PRICE PRICE PRICE Item Section 02510 Asphalt Lump NO BID `-$21,000.00 DA Paving and Section 02520 Sum N0.1 Concrete Paving: Delete 24'-0" wide asphalt service drive including base, subgrade prep, etc. Item Section 02218 Landscape Lump NO BID '-$31,750.00 DA Grading and Section 02223 Sum No.2 Backfilling: In addition to furnishing the 4000 cubic yards (loose measure) of common fill material stockpiled on site as per Addendum No. 4, the City will furnish and stockpile on site an additional quantity of common fill material sufficient for the entire project (up to 7500 cubid yards, loose measure) (for a total quantity of 11,500 cubic yards, loose measure) and a quantity of topsoil fill material sufficient for the entire project (up to 1900 cubic yards, loose measure) .u,.n-V­nnnv ve Rid - Prommsal naekace did not include a Bid Bond. ' r Exhibit "C" Page 16 of 16 \ Mproject \ councilexhibits \ exh51 17. dwi7 N SACKY DRIVE CIRCLE PROJECT LOCATION 5352 Ayers SERVICE CENTER RD. SACKY ~)GIBBS ST. MUNICPAL '------ SERVICE CENTER ANIMAL AND VECTOR CONTROL FACILITY DR. HOLLY ROAD PRO~IECT # 5117 VICINITY MAP NOT TO SCALE EXHIBIT 'D' CORPUS CHRISTI ANIMAL SHELTER AND VECTOR CONTROL FACILITY CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF' ENGINEERING SERVICES PAGE: I of 1 DATE: 02/26/2002 \ Mproject \ councilexhibits \ exh5117, dwq --DEDUCTIVE ALTERNATE NO,1 (DA No.1). (~ DELETE 24'-0' WIDE ASPHALT SERVICE DRIVE. -- ADDITIVE ALTERNATE No.1 (AA No,1)- SECUR~'~' FENCING AND GATES SITE PLAN NOT TO SCALE PROJECT # 5117 CORPUS CHRISTI ANIMAL SHELTER AND VECTOR CONTROL FACILITY CITY OF CORPUS CHRISTI, TEXAS EXHIBZT "E' Cr_TY COUNCIL EXHIBIT DEPARTMENT OF' ENGINEERING SERVICES PAGE: I of 1 DATE: 02/27/2002 ,,/ 41f tt 7✓� r l 9 1 M s. Notes and Comments