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HomeMy WebLinkAboutAgenda Packet City Council - 01/21/2003CITY COUNCIL AGENDA Co/ ,as Christi January21,2003 1:45 p.m. Swearing-in ceremony of newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JANUARY 21, 2003 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 petilion or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea didgirse al Concilio y cree que su ingl&s es limitado, habra un int&rprete ingl&s-espa~ol en todas las juntas del Conciilo para ayudarle. Persons with disabilities who plan to a~tend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that approp#ate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. Invocation to be given by Pastor Fred Zumalt, New Wine Fellowship. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem John Longoria Council Members: Brent Chesney Javier D. Colmenem Henry Garmtt Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa -- E. SPECIAL PROCLAMATIONS: Special Proclamations for Bill Pruet and Berney Seal. Agenda Regular Council Meeting January 21,2003 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 1) 1. Museum of Science and History Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H= CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence aflerthe items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCE~ FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion authorizing the City Manager or his designee to pumhase the telephone system from Logical of Irving, Texas in the amount of $36,245 for the Department of Development Services One- Stop Center. (Attachment # 2) Ordinance appropriating $147,000 from the Unreserved Fund Balance in the No. 5110 Maintenance Service Fund to purchase equipment; amending Ordinance No. 024974 which adopted the FY2002-2003 Operating Budget by increasing appropriations by $147,000. (Attachment # 3) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~) Agenda Regular Council Meeting January 21,2003 Page 3 Motion approving the pumhase of one used rear steer brush loader and one new rear steer brush loader from Hell of Texas, Irving, Texas, based on sole source for a total amount of $202,000. The brush loaders will be used by the Solid Waste Department. Funds are made available through a grant from the Coastal Bend Council of Governments and the Maintenance Services Capital Outlay Fund. Both units are replacements. (Attachment # 3) Motion approving the purchase of 37 police package sedans in accordance with Bid Invitation No. BI-0039-03 from Padre Ford, Corpus Chdsti, Texas based on Iow bid for a total of $787,878. All units are replacements. Funding is available from the FY2002- 2003 Capital Outlay Fund and the Cdme Control and Prevention Fund. (Attachment # 4) Motion approving a supply agreement with Recovery Technologies Group, Baytown, Texas for used tire disposal services in accordance with Bid Invitation No. BI-0036-03 based on Iow bid for an estimated annual expenditure of $69,300. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Solid Waste and Maintenance Services in FY2002-2003. (Attachment # 5) Motion approving a supply agreement with Polydyne, Inc. of Riceboro, Georgia, for approximately 180 tons of liquid cationic polymer solution in accordance with Bid Invitation No. BI-0049-03 based on Iow bid, for an estimated annual expenditure of $115,200. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve- month periods subject to the approval of the supplier and the City Manager or his designee. The Water Department will use this chemical for the treatment of our water supply. Funds have been budgeted for FY2002-2003. (Attachment # 6) Motion authorizing the City Manager or his designee to execute an extended maintenance agreement with Positron Public Safety Systems, Inc., of Corpus Christi, Texas in the amount of CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting Janua~ 21,2003 Page 4 10.a. 10.b. 11.a. 11.b. $120,192.47 for hardware and software support services on the Emergency 911 System. The term of the contract is for three years. (Attachment # 7) Motion authorizing the City Manager or his designee to execute a Geotechnical Services Agreement with Trinity Engineering/Kleinfelder, Inc. of Waco, Texas in an estimated amount not to exceed $53,925 per year for a total not to exceed contract of $107,850 for the J.C. Elliott Landfill Groundwater Monitoring and Sampling 2003 and 2004 Project. (Attachment # 8) Motion authorizing the City Manager or his designee to execute an agreement with ERM Southwest, Inc., of Corpus Christi, Texas, in an amount not to exceed $55,500 for the Corpus Christi International Airport Air Traffic Control Tower and Administrative Facility Asbestos Survey Abatement Consulting Services. (Attachment # 9) Motion authorizing the City Manager or his designee to accept a grant in the amount of $27,216 from the Federal Emergency Management Agency (FEMA) for the purchase of three Rapid Intervention Kits. (Attachment# 10) Ordinance appropriating $27,216 from the Federal Emergency Management Agency's Assistance for Firefighters Grant Program for fire fighting equipment in the No. 1050 Federal/State Grants Fund. (Attachment # 10) Motion to amend the five Rental Car Concession Lease Agreements prior to Second Reading. (Attachment # 11) Second Reading Ordinance - Authorizing the City Manager or his designee to execute an amendment to the five Rental Car Concession Lease Agreements with Southwest Texas Leasing Company, inc. dba Advantage Rent-A-Car, Inc., Coastal Bend Rent-A-Car, Inc., National Car Rental of Corpus Christi, Inc., Dollar Rent-A-Car Systems, Inc., and Texas South Rentals, Inc. dba Hertz Car Rental allowing for the collection of a Customer Facility Charge in an amount not to exceed $1.00 per rent car contract day to reimburse and pay for capital improvement projects approved bythe Director of Aviation atthe Corpus Christi International Airport. (First Reading - 12/17/02) (Attachment # 11 ) CITY COUNCIL PRIORI .TY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 21,2003 Page 5 12. Second Reading Ordinance - Authorizing the City Manager or designee to execute a Food and Beverage Concession lease agreement with MRCC, Ltd. for the operation of a Food and Beverage Concession at the Corpus Christi International Airport in consideration of payment of a fixed concession fee and the greater of a guaranteed minimum concession fee or ten pement of the Concessionaire's nonalcoholic beverage and food sales and fifteen percent of all alcoholic beverage sales for a term of up to 108 months with a five year option to renew upon agreed terms. (First Reading - 12/17/02) (Attachment # 12) I. PUBLIC HEARINGS: (NONE) PRESENTATIONS: Public comment will not be solicited on Presentation items. 13. CPA Update of Comprehensive Annual Financial Report (CAFR) Preparation (Attachment # 13) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 14.a. Ordinance appropriating a $9,000 contribution in the No. 1021 General Fund from the Padre Island Business Association to defray consulting expenses associated with the development of a business overlay district; amending Ordinance No. 024974 which adopted the FY2002-2003 Annual Budget by increasing appropriations by $9,000. (Attachment # 14) 14.b. Motion authorizing the City Manager or his designee to execute a planning services contract with Municipal Planning Service of Missouri City, Texas, in the amount of $18,000 to prepare recommendations for incorporating architectural, landscape and design standards into the "B-2A" Barder Island Business District. (Attachment # 14) 15.a. Motion authorizing the City Manager or his designee to execute an Engineering Materials Inspection and Laboratory Services Agreement with Fugro South, Inc. of Corpus Christi, Texas in an amount not to exceed $230,000 for the Bayfront Multi-Purpose Arena project. (Attachment # 15) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting January 21,2003 Page 6 15.b. 16. M. Motion authorizing the City Manager or his designee to execute an Engineering Materials Inspection and Laboratory Services Agreement with Fugro South, Inc. of Corpus Christi, Texas, in an amount not to exceed $137,700 for the Convention Center Expansion and Rehabilitation project. (Attachment# 15) Resolution authorizing the City Manager or his designee to execute an Advance Funding Agreement for Voluntary Transportation Improvement Projects with the Texas Department of Transportation for landscaping improvements and wallscape construction at U.S. Highway 181 and Mesquite Street. (Attachment # 16) SPECIAL PRESENTATION: Old Nueces County Courthouse PUBLIC COMMENT FROM THE AUDIENCE ON MATTERR NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 5:30 P.M. OR AT THE END OF THF COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASF LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se didge a la junta y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en la reuni(~n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. CITY COUNCIL PRIORITY ISSUES (Refer to legend at ~he end of He agenda summary) Agenda Regular Council Meeting January21,2003 Page 7 Nw 18. O= EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Executive session pursuant to Texas Govemment Code Sections 551.071, 551.072, and 551.087 regarding acquisition and development of a site for a minor league baseball stadium in the Arena/Convention Center/Port of Corpus Christi area, location of a professional baseball franchise in the facility, and possible real estate agreements with the Port of Corpus Christi Authority and RSR Sports implementing the stadium, with possible discussion and action related thereto in open session. 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. 19. CITY MANAGER'S REPORT 20. 21. * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) P. ADJOURNMENT: Agenda Regular Council Meeting January 21,2003 Page 8 NOTE: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 3:00 p.m., January 17 ,2003. City Secretary The City Council Agenda can be found on the City's Home Page at www.cctexas.com 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. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 a. MUSEUM OF SCIENCE AND HISTORY ADVISORY COMMITTEE: One (1) vacancy with a term to 9-01-03 to represent the category of Corpus Christi Independent School District (CCISD). (Appointed by the Mayor, with advice and consent of the Council.) DUTIES: To consult with the Museum Director on operation of the museum; to act as advisory to the City Council on matters pertaining to the operation, support, and development of the Corpus Christi Museum. COMPOSITION: Twelve (12) members appointed by the Mayor, with advice and consent of the Council, to be selected as follows: 1 nominated by CCISD Board; 3 nominated by Friends of the Museum; 2 nominated by Museum Auxiliary; and 6 by the Mayor who shall seek suggestions fi.om Friends of the Museum, Museum Auxiliary, Museum Advisory Board, and from Board of Trustees of other Corpus Christi school districts. Ex-officio members shall include the City Manager and Superintendent of CCISD, or their designated representatives. The term of each advisory member shall be three years. MEMBERS Lynda Falconer - Chairperson Phyllis Howerton Riddle (Museum Aux.) - Vice Dr. Alexey Sadovski Donna Flynn (Friends of the Museum) Joe E. Martinez Jr. (Friends of Museum) Dr. Henry Brennecke (Museum Auxiliary) Dr. Grady Price Blount *VACANT (CCISD) Randy Lara Anna Peterson Tony C. Diaz City Manager CCISD Superintendent ORIGINAL TERM APPTD.DATE 9-01-03 2-13-01 9-01-04 2-12-02 9-01-04 2-13-01 9-01-03 10-08-96 9-01-05 10-08-96 9-01-04 9-26-95 9-01-05 10-08-02 9-01-03 9-01-05 10-08-02 9-01-03 2-13-01 9-01-04 9-26-95 Ex-officio, nonvoting Ex-officio, nonvoting NOTE: CCISD is recommending Dr. Sharon Brower. Dr. Sharon D. Brower Science Consultant, CCISD. B.S. in Biology, Masters in Education, and Doctorate in Educational Leadership. Activities include: Landmark Commission, Health Advisory Committee, and School Board of Lord of Life Lutheran Chumh. Received awards for Outstanding Science Teacher, Teacher of the Month, and Southeastern United States Outstanding Earth Science Teacher. (1-09-03) (CCISD) 2 CITY COUNCIL AGENDA MEMORANDUM January14,2003 AGENDA ITEM: Motion authorizing the City Manager or his designee to pumhase the telephone system from Logical of Corpus Christi, Texas in the amount of $36,245.00 for the Department of Development Services One-Stop Center. ISSUE: A Request For Qualification (RFQ) was received from Logical for the purchase of a telephone system for the One-Stop Development Center in the amount of $36,245.00. The purchase is the first telephone purchase for the newly created One-Stop Development Center and includes necessary telephone equipment, software, and hardware. REQUIRED COUNCIL ACTION: Approval of the purchase for telephone equipment from Logical. Council action is required for purchases over $25,000. FUNDING: Funding source is Capital Outlay from the Maintenance Services Fund. RECOMMENDATION: Approval of the motion as presented. Art Sosa, Director of Development Services (Acting) BACKGROUNDINFORMATION The City Council directed the City Manager to set, as a priority the creation of an organization that will be more responsive to the needs of the development community and that will make development less cumbersome in the City of Corpus Christi. To accomplish this, the City Manager created a single department, titled the Department of Development Services that will serve as the single point of contact for developers, contractors, design professionals, and all other members of the development community. He combined the Building Inspections Operations Division of Housing and Community Development, the Planning Department, and the Special Engineering Services Division of Engineering Services into a single department. The organizational structure has been set, and the business plan and administrative procedures are being finalized at this time. The mission statement for this department will include serving as the advocate for the developers on any development related issue as they attempt to do business with the city. It is the Manager's expectation that this center will serve as a catalyst for further development as a result of the improved customer service initiatives. This department will be in the One Stop Development Center located at the corner of Port Avenue and Leopard Street in a building renovated for this purpose. As the building renovations near completion, portions of the infrastructure must be pumhased and installed. With this action, the city is purchasing and installing phone and computer equipment and the related networking components to serve the department. This purchase is for those phone equipment and network components to be installed in the building. I CITY OF CORPUS CHRISTI CORPUS CHRISTI, TEXAS FAX REQUEST FOR QUOTATION PAGES OF 1 PAGES DEPARTNIENT: MIS CONTACT: (voice) 880,3751 You are invited to quote, FOB Destination, Freight Included, on the following: RFQ dna be eampked sad returned by FAX to the departmot and FAX cumber ladicaW sbovn Aa blob must be cmpbted. in case of dhxrepsocy beorcan Unit Price and TotA the Un# Price sbsa be considered correct. DUB DATE: The RFQ must be returned No Ler Thm jA20 = 70 Decmfber 7002 • n • w �rnew. v-�-- �L• ...........f iM�. F.fr..n w.whrinv a�. mriwr wnrl Adiwry of fhw ifwmi MM DESCRIPTIOI3 2T1 SNIT PRICE EACH TOTAL I-EADITME 1 WS-C3524-PWR-)M EN Catalyst 3524-PWR-XL Enterpfise 4 2166.90 12166.90 $8667.60 15 Days 2 CAB -AC Power Cor 110V 4 0 10 $0 10 Days 3 CON4NT WS-C352X 8x5xNBD Svc WS-C3524-PWR-XL 4 238 238 $952 10 Days 4 1000BASE-SX Short Wavelength GBIC 8 310 310 $2480 20 Days 5 CP-794OG Cisco IP Phone 794OG 50 244.90 244.90 $12245 30 Days 6 CP-796OG Cisco IP Phone 79600 15 306.90 306.90 $4603.50 30 Days 7 WS-X6624-FXS Analog Blade 1 6196.90 6196.90 $6196.90 30 Days 8 Shipping Not To Exceed $1100 Total $36,245 TO ADDRE53:,J*Q 1$ N 0 'LonnOr SIGN] a sic � �c 3oD ,7X 75039 0 N H Z 3 COUNCIL MEMORANDUM RECOMMENDATION: (A) Appropriating $147,000 from the Unreserved Fund Balance in the No. 5110 Maintenance Service Fund to purchase equipment; amending Ordinance No. 024974 which adopted the FY 2002-2003 operating budget by increasing appropriations by $147,000; and declaring an emergency. (B) Motion approving the purchase of one used rear steer brush loader and one new rear steer brush loader from Heil of Texas, Irving Texas based on sole source for a total amount of $202,000. The brush loaders will be used by the Solid Waste Department. Funds are made available through a grant from the Coastal Bend Council of Governments and the Maintenance Service Capital Outlay Fund. Both units are replacements. Purpose: The brush loaders will be used in the brush collection operation of the Solid Waste Department. The rear steer brush loader is a specialized type of brush loader that has proven to be very effective in the operations of the department. Two features contribute to its effectiveness. A crane mounted on a truck chassis provides a loader that is mobilized quickly from job sight to job site. In addition, the loader allows the operator to drive the truck and operate the brush loader from a single position. This feature provides for higher productivity and provides for a safer work environment for the operator. The proposed used equipment is currently being rented on an as needed basis due to the high maintenance costs associated with the existing fleet of loaders. It has a relatively low amount of work hours on its meter and is still covered under the manufacturer's warranty. It is available for purchase and will be integrated into the permanent brush collection schedule upon award of the contract. The new loader will be delivered within five months of award. Basis of Award: Funding: Sole Source. The "Lightning Rear Steer" loader is manufactured by Peterson Industries, Lake Wales Florida. They are the sole manufacturer of this type of loader. Heil of Texas is the Texas distributor of the Lightning Rear Steer loader. M~ntenance Services 550020-5110-40120 1050 Federal/StYe Grant Fund 1050-00000-806075 Procurement & General Services Manager $147,000 55,000 Total $202,000 City of Corpus Christi Purchasing Division Bid Tabulation Rear Steer Loaders New Unit 2003 International Model 4300 cab and chassis with Lightning loader Heil of Texas Irving, Texas $107,000 Used Unit - 300 hours 2003 International Model 4300 cab and chassis with Lightning loader 95,000 Total $202,000 4 December 2002 Mr. Jim Davis Director of General Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Dear Jim, Thanks for your continued interest in our Lightning Rear Steer. As follow up to our discussion, we are to the best of my knowledge, the only manufacturer of a knuckle boom trash loader that allows the operator to drive the truck in reverse from the loader control station. If I can be of any further assistance, please do not hesitate to call. Respectfully, Mike Ballentine General Manager Petersen Industries, Inc. 446 U. S. Z7 NORTH DA LAKE WALES, FLORI 33853 MATERIALS HANDLING: HWY 27, N AT OVERPASS o (663) 676-1493 FAX (863) 676-6844 ORDINANCE APPROPRIATING $147,000 FROM THE UNRESERVED FUND BALANCE IN THE NO. 5110 MAINTENANCE SERVICE FUND TO PURCHASE EQUIPMENT; AMENDING ORDINANCE NO. 024974 WHICH ADOPTED THE FY 2002-2003 OPERATING BUDGET BY INCREASING APPROPRIATIONS BY $147,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $147,000 is appropriated from the unreserved fund balance in the No. 5110 Maintenance Service Fund to purchase equipment. SECTION 2. That Ordinance No. 024974 which adopted the FY 2002-2003 Operating Budget is amended by increasing appropriations by $147,000. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter role that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Legal form approved James R. Bray, Jr. City Attorney By: /~c~ ~ Lisa Aguilar C) Assistant City Attorney Samuel L. Neal, Jr. Mayor ,2003 4 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of 37 police package sedans in accordance with Bid Invitation No. BI-0039-03 from Padre Ford, Corpus Christi, Texas based on low bid for a total of $787,878. All units are replacements. Funding is available from the FY02- 03 Capital Outlay Fund and the Crime Control and Prevention Fund. Purpose: Bid Invitations Issued: Bid Invitations Received: Basis of Award: Price Comparison: These police package sedans will be used by the Police department for normal police work. The City has an established police vehicle replacement program that replaces approximately 37 sedans each year. Nine Two Low Bid The City purchased forty-four police patrol sedans last year for a unit price of $20,699. Maintenance Services 550020-5110-40120 Capital Outlay Item No. 82 $690,000 Crime Control and Prevention District 550020-9010-11717 Capital Outlay Item Nos. 81 147,000 Procurement & General Services Manager Total: $837,000 January 21, 2003 Bid Invitation No, BI-0039-03 Police Patrol Sedans Quantity: 37 each Padre Ford Corpus Chdsti, Texas City of Corpus Christi Purchasing Division Bid Tabulation Unit Price Total $21,294.00 $787,878.00 Crosstown Ford $21,594.00 $798,978.00 Corpus Christi, Texas 5 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Recovery Technologies Group, Baytown, Texas for used tire disposal service in accordance with Bid Invitation No. BI- 0036-03 based on low bid for an estimated annual expenditure of $69,300. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by Solid Waste and Maintenance Services in FY 02-03. Purpose: Previous Contract: This service is used by Maintenance Services and Solid Waste to dispose of whole waste tires. The vendor is required to supply empty trailers at the Service Center and the Landfill, remove the loaded trailers and dispose of the tires in accordance with all applicable Federal, State and local regulations and requirements. The option to extend the previous contract has been exercised, requiring the City to issue new bid invitations. Bid Invitation Issued: Three Bids Received: Two Pricing Analysis: Award Basis: Funding: When compared to the previous contract of August 1999, pricing has decreased by 9%. The decrease in pricing is due to new bidders' interest. Low bid Organization Name Solid Waste Maintenance Services Amount 530000-1020-12520 $65,550 530230-5110-40100 14,700 Total: $80,250 ProcurementMichai [~atrera,and ~e~ral Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MARIA GARZA BID TABULATION BID INVITATION NO. BI-0036-03 USED TIRE DISPOSAL SERVICE ITEM DESCRIPTION 1. Loaded Trailer at EIliott Landfill Loaded Trailer at Maintenance Services QTY UNIT 52 each 14 each RECOVERY TECHNOLOGIES GROUP BAYTOWN, TEXAS UNIT PRICE TOTAL PRICE $1,050.00 $54,600.00 1,050.00 14,700.00 SAFE TIRE DISPOSAL SAN ANTONIO, TEXAS UNIT PRICE TOTAL PRICE $1,150.00 $59,800.00 1,150.00 16.100.00 TOTAL: $69,300.00 $75.900,0~ COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Polydyne, Inc. Riceboro, Ga., for approximately 180 tons of liquid cationic polymer solution in accordance with Bid Invitation No. BI-0049-03 based on low bid, for an estimated annual expenditure orS115,200. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. The Water Department will use this chemical for the treatment of our water supply. Funds have been budgeted for FY 02-03. BACKGROUND: Purpose: Polymer is used as an aid to settle out the mud and impurities in our water supply. The polymer has a positive electrical charge which neutralizes the negatively charged particles allowing both to come together (floc) and settle to the bottom of the basins. The clumping together of the particles makes it easier to separate the solids from the water. Previous Contract: The option to extend the current contract has been exercised, requiring new bids to be received. Bid Invitations Issued: Sixteen Bid Received: Two Price Analysis: Pricing has decreased from $790 to $640 since the last contract of 2000. The supplier states the reason for the lower bid is that raw materials costs are down considerably, market pressure, improved operating efficiency and the desire to win the business. They held the contract approximately six years ago. Award Basis: Low Bid - The Water Department concurs with the recommendation. Procurement and l Water Department 52001-4010-31010 ;eneral Services Manager $145,000 ECB B;D INVITATION NO: BI-0049-03 LUQUID CATIONIC POLYMER BUYER: ESTHER C. BARRERA ITEM VENDOR POLYDYNE, INC. RICEBORO,GA CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION TOTAL PER DRY WEIGHT QTY UNIT BASIS/TON 2 ALTIVA CORPORATION HOUSTON, TX. 180 TON 180 TON 1640.00 ;778.00 GRAND TOTAl J;140,040.00 ./ 7 CITY COUNCIL AGENDA MEMORANDUM Date: December 10, 2002 AGENDA 1TEM: Motion authorizing the City Manager or his designee to execute an extended maintenance agreement with Positron Public Safety Systems Inc. in the amount of $120,192.47 for hardware and sofl~vare support services on the Emergency 911 System. The term of the contract is three years. ISSUE: The agreement is necessary to provide 24-hour service for the emergency 911 telephone system components. BACKGROUND INFORMATION: With the settlement of the court action in November 2002, the City became a home rule City in regards to the operation of the emergency 911 system. Previous agreements with Positron had been made with the Coastal Bend Council of Governments. The agreement is for three years from September 1, 2002 through August 31, 2005. It provides systems equipment maintenance on both hardware and software of the emergency 9-1-1 telephone system components. FUNDING: Funds are provided in the Police operating budget. REQUIRED COUNCIL ACTION: Approval of the agreement. RECOMMENDATION: Staffrecommends approving the agreement. Attachments: Agreement with Positron Positron Public Safety Systems Inc. 21/Nov/2002 Extended Maintenance Agreement This agreement made as of the day of 2002. Between: City of Corpus Christi, Texas, a municipal corporation of Texas, hereinafter referred to as "CITY"; Positron Public Safety Systems Inc., a corporation incorporated under the laws of Canada, having its registered office at 5101, Buchan, Montreal, Quebec, Canada, H4P 2R9 (hereinafter referred to as "PPSS"). 1. Purpose Subject to the terms and conditions of this agreement, PPSS agrees to provide CITY with a Maintenance Program on the Emergency 9-1-1 System components (herein referred as The Equipment) purchased by CITY or the Coastal Bend Council of Governments for the CITY from PPSS at the time of signature of this Agreement. The equipment is installed at the City of Corpus Christi Police Department at 321 John Sartain St, Corpus Christi, TX and at the Naval Air Station Fire Department located at Naval Air Station, Corpus Christi, TX. Although this Agreement does not distinguish between the two sites, each PSAP will be treated individually from a maintenance and support standpoint. Definitions Hardware : Includes all equipment used by the PSAP personnel and Telephone equipment such as the LifeLine controller, concentrators and interconnecting cabling typically located in the technical room. Software: PPSS software and firmware components installed in PPSS equipment. Support Center: Positron's Customer Service division that provides support to end- users and business partners. Extended Maintenance Agreement - City of Corpus Christi, Texas 1 Positron Public Safety Systems Inc. 21/Nov/2002 Call Center: Positron's team of technicians providing help desk service to users. The Call Center is part of the Support Center. 3. Consideration In consideration for the services provided to CITY by PPSS, CITY shall pay PPSS the amounts in accordance with Annex I of this contract - Service Level Program. 4. Maintenance program scope The maintenance program outlined below covers all software and hardware equipment indicated in Annex II of this contract. The yearly fees associated with the maintenance program are indicated in Annex I of this contract. 4.1 Problem management flow The PSAP Supervisor, as appointed by CITY, will report a trouble to the first level support contact. This first level support contact will be accessible 24 hours a day, 7 days a week through PPSS's Local Customer Support. Should the local support technician not be able to resolve the trouble, the he/she may escalate the problem to PPSS 2nd level support, as defined below. 1 st level support: PPSS Customer Support, Corpus Christi, Texas Positron Public Safety Systems Inc. Technical Customer Support Tel: 361-993-8225 Fax: 361-384-9679 2nd level support: PPSS Technical Support Center, Montreal, Canada Advanced Support Group The flow chart on the following page describes the processing of a trouble call from initiation to resolution. Extended Maintenance Agreement - City of Corpus Christi, Texas 2 Positron Public Safety Systems Inc. 21/Nov/2002 Trouble call Flowchart CITY PSAP Supervisor PPSS Local Support answers call YES Creation of a Trouble ticket Update of trouble ticket YES NC YES ~.~ PPSS Local Suppod arrives -- On Site for repair Escalation to second level support YES /PPSS internal '~-i problem escalation process NO YES Note: Trouble ticket is closed only with the agreement of CITY PSAP Supervisor. PPSS Local Support is the owner of the ticket until the closure, and is therefore responsible for following up until problem resolution, regardless of the nature of the problem. During the problem resolution process, the Local Support technician will inform CITY PSAP Supervisor of resolution progress. All communication regarding open trouble tickets will be handled by the Local Support technician. 4.1.1 Interface to customer Sites In order to provide the agreed level of support, the Support Center personnel and PPSS- mandated technicians will require access to customer installations. Methods of access are as described in the following sections. Extended Maintenance Agreement - City of Corpus Christi, Texas 3 Positron Public Safety Systems Inc. 21fNov/2002 4.1.2 Remote Connection PPSS Support Center requires a dial-up facility to be supplied by CITY for remote log-in to customer sites. This facility will primarily be used to analyze and modify the system configuration, where applicable. It may also be used to modify the system configuration for a problem work-around and to aid problem analysis. This facility may also be used for transmission of software updates to client sites. This facility must be available twenty-four hours a day. PPSS request to halt any system functionality will require CITY PSAP Supervisor approval. PPSS will NOT perform any service affecting activity without informing the CITY PSAP Supervisor in advance and receiving proper authorization. PPSS recognizes the need for security of dial-up facilities. PPSS will agree to work within CITY security guidelines whenever possible. If remote dial in support facility is cumbersome or dysfunctional, PPSS will not be held liable for response times. 4.2 Severity levels 4.2.1 Severity 1: Product failure/Loss of service This class of problem is service affecting and deemed a critical problem which requires immediate action. Service affecting is when "service lost" means inability of the Center to properly perform its duties. Such problems would involve total system failure, total loss of functionality, which renders the system inoperable. The specific list of Severity 1 failures will be pre-determined with the CITY. 4.2.2 Severity 2: Severely impaired functionality This class of problem is feature affecting and is deemed an emergency and requires immediate action by the Support Center. Feature affecting means loss of a feature that limits the ability of the center to perform its duties but the core abilities (handling of calls) are unaffected. Such problems would involve the failure of or loss of fimctionality of any non-critical functional component/feature, however the system is still operable. Categorization of which components are non-critical will be agreed with CITY. 4.2.3 Severity 3: Non critical system failure (Non service affecting) This class of problem requires action from the Support Center within a short time. Such problems may cause performance degradation or system components to not function according to specification. 4.2.4 Severity 4: Minor problem or query This class of problem is non-service affecting. It includes incorrect operation of minor Extended Maintenance Agreement - City of Corpus Christi, Texas 4 Positron Public Safety Systems Inc. 21/Nov/2002 functionality or system components that are inl~equently used, and problems which have feasible workarounds available. System configuration requests such as speed-dial reprogramming will also be considered under this category. 4.3 Response Time Table 1 Severity 1 Severity 2 Severity 3 Severity 4 Call return within: 30 minutes 60 minutes 120 minutes 24 hours Arrival on site: 2 hours 4 hours 24 hours As required Note: Should a Local Support Technician not be able to serve the CITY's demand for service immediately, a PPSS technician will call the CITY's PSAP within the duration indicated in Table 1 above and commence remedial action. The Arrival on site time indicated in Table 1 above refers to the maximum elapsed time between the initial call placed by the CITY to PPSS's Local Support Technician and the arrival of a technician on site. 4.4 Exclusions for Support Service The following services are outside the scope of PPSS maintenance support services provided hereunder and may incur additional charges, on a time and material basis. (a) repair of damaged or increase in service time due to any cause external to the Product adversely affecting its operability or serviceability which shall include, but not be limited to, fire, flood, water, wind, lightning, and transportation of equipment from one location to another, or due to neglect or misuse. Neglect or misuse is determined by product documentation. (b) repair of damage or increase in service time caused by failure to continually provide a suitable installation environment including, but not limited to, the failure to provide adequate electrical power, air conditioning or humidity control, or CITY's improper use, management or supervision of the equipment including, without limitation, the use of supplies and accessories. Proper use and environmental requirements are determined by the product documentation. (c) repair of problems caused by the use of the Product for purposes other than for which it is designed. (d) hardware and network changes without documenting and/or notifying PPSS of these changes at least seventy-two (72) hours prior to their execution. This includes accessories Extended Maintenance/lgreement - City of Corpus Christi, Texas 5 Positron Public Safety Systems Inc. 21/Nov/2002 and after sale peripherals not supplied by PPSS or not approved for interacting with PPSS equipment. 4.5 Service Level Agreement The following service level covers all equipment outlined under Annex I1 of this contract, i.e. software and hardware components purchased by CITY from PPSS and installed at CCPD and NAS-CC. Table 2 · PPSS Technical Support 7 days/week, 24 hours/day · Local Support Technician 7 days/week, 24 hours/day · Spare parts delivered to the PSAP within forty-eight (48) hours if the part is unavailable from local stock · Parts requirements for Severities 1 and 2 described in Sections 4.2.1 and 4.2.2 handled within 24 hours. 5. Term 5.1 This agreement shall come into force September 1, 2002, and will run for a period of three (3) years. Thereafter, the agreement may be renewed for successive one-year periods or a period mutually agreed to by PPSS and the CITY. PPSS will provide the CITY with an amended proposal at least sixty (60) days prior to the expiration of the current contract. The CITY will provide PPSS with its decision to continue to receive maintenance services at least thirty (30) days prior to the expiration of this agreement. 5.2 Prior to canceling maintenance, PPSS shall give one hundred and eighty (180) days prior written notice to CITY. 5.3 Prior to canceling maintenance, CITY shall give one hundred and eighty (180) days prior written notice to PPSS. 6. Maintenance program fees As per schedule described in Annex I - Service Level Program Extended Maintenance Agreement - City of Corpus Christi, Texas 6 Positron Public Safety Systems Inc. 21/Nov/2002 7. Payment 7.1 In accordance with the services provided during term of this agreement, CITY shall pay PPSS in advance, an mount equivalent to the yearly fees indicated in Annex I. A late payment charge of 1% per month will apply for any overdue amount which is unpaid for forty-five (45) days after the date of receipt of an invoice. 7.2 The price is exclusive of any sales, goods and services, excise, value added or similar taxes of any kind, whether of federal or any other jurisdictional level. CITY agrees to pay and hold PPSS harmless from any liability for any such taxes. 8. Breach or Default Should either party be in breach or default of this agreement, the other party shall give a written notice stating that a breach or default exists. If the party in default has not started or completed appropriate corrective action within sixty (60) days, then the other party may at its option declare this agreement to be in default and may elect at its sole discretion to cancel this agreement and to exercise any right or remedy it has in law, subject to this agreement. 9. Limitation of Liability 9.1 In no event shall either party be liable to the other for any indirect, incidental, exemplary, special or consequential damages including loss of profit that arise out of any transaction or occurrence under this agreement or with the supply, use or performance of any equipment or service rendered. PPSS total liability to CITY for damages under this Agreement shall be limited to direct damages. 10. General 10.1 Except as set forth in this agreement, CITY understands and agrees that there are no representation or warranties or conditions expressed or implied, including any warranties or conditions of merchantability or fitness for a particular purpose with respect to the services provided under this agreement. 10.2 Any notices or demands required or permitted to be given in connection with this agreement shall be given to parties in writing by facsimile or Email, or regular mail at the address mentioned below, or to such other address as the parties may hereafter substitute by written notice given in the manner prescribed in this section. Extended Maintenance Agreement - City of Corpus Christi, Texas 7 Positron Public Safety Systems Inc. 21/Nov/2002 Positron Public Safety Systems Inc. 5101 Buchan, Montreal, QC, Canada, H4P 2R9 Attention: Director, Customer Service Facsimile: (514) 345-2224 Email : support(~positron, qc. ca 10.3 10.4 10.5 10.6 10.7 City Of Corpus Christi, TX Attention: Leonard B. Scott, Captain Facsimile: (361) 826-2935 Email : mailto:leonard(~ci, corpus-christi, tx. us Neither party may assign this agreement, without the written consent of the other party, which shall not be unreasonably withheld. PPSS may assign the same to a subsidiary or affiliate without the consent of CITY. Annexes to this agreement are attached hereto and made a part hereof. This agreement contains the complete and entire agreement between the parties, and supersedes all prior oral or written communications, proposals, or agreements between the parties relating to the same subject matter. No change, addition or modification of any of the terms or conditions thereof shall be binding unless in writing and signed by both parties. This agreement shall be governed by and interpreted in accordance with the laws of the Province of Quebec, Canada. This agreement is executed by the duly author/zed representatives of the parties and shall be effective on the date set out on page one of this agreement. City Of Corpus Christi, TX Positron Public Safety Systems Inc. Per: Title: Date: Extended Maintenance Agreement - City of Corpus Christi, Texas 8 Positron Public Safety Systems Inc. 21/Nov/2002 ANNEX I SERVICE LEVEL PROGRAM I 1 - 09/1/2002 - 8/31/2003 $ 38,503.48 2 - 09/1/2003 - 8/31/2004 $ 40,043.62 3 - 09/1/2004 - 8/31/2005 $ 41,645.37 Notes: Above fees are yearly fees, excluding any tax or duties applicable in Texas, and are under the assumption of a three year contract. Extended Maintenance.4greement - City of Corpus Christi, Texas 9 Positron Public Safety Systems Inc. 21ENov/2002 ANNEX II DESCRIPTION OF EQUIPMENT Hardware and Software The equipmem covered in this agreement is that as described on sales contracts and quotation to the Coastal Bend Council of Governments: (1) S10359 dated 07/30/1996 (2) S10361 dated 12/25/1996 as well as all Positron equipment (installed in the technical rooms and dispatch areas) sold by PPSS to CITY. Extended Maintenance Agreement - City of Corpus Christi, Texas 10 Positron Public Safety Systems Inc. 21/Nov/2002 ANNEX III DESCRIPTION SEVERITY LEVELS The following describes the severity levels as understood under this Agreement. Level 1 Level 1 severity is the highest level of service loss by the PSAP. The primary service, handling of calls, is no longer available due to failure by a Positron-supplied component. Level 1 is considered as TOTAL loss of service by the PSAP. This situation will be processed with the highest level of priority by PPSS regardless of the cause. Level 2 Level 2 severity indicates that call handling capabilities are present but are severely impacted by equipment failure. Typical examples are loss of ANI/ALI delivery to positions and loss of call handling capability at one or more positions. Level 3 Non-critical system failures that are non-service affecting. The PSAP is capable of handling calls but certain components are not performing to published specifications. This level usually applies to performance degradation of any equipment that is non-critical (printer, stand-by/backup components, etc.). Level 4 Level 4 severity is a minor problem or a request for configuration service. Non-critical functions that may be resolved with a workaround are considered under this category. Under this Agreement, system reconfiguration requests such as speed dial changes will be classified as Level 4. Extended Maintenance Agreement - City of Corpus Christi, Texas 11 8 AGENDA MEMORANDUM DATE: January 21,2003 SUBJECT: J.C. Elliott Landfill - Groundwater Monitoring & Sampling (Project #5147) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a geotechnical services agreement with Trinity Engineedng/Kleinfelder, inc. in an estimated amount not to exceed $53,925 per year for a total not to exceed contract of $107,850 for the J. C. Elliott Landfill Groundwater Monitoring and Sampling 2003 & 2004 project. ISSUE: The Texas Commission of Environmental Quality (TCEQ) requires groundwater sampling and monitoring to be undertaken in accordance with the approved Groundwater Sampling and Analysis Plan (GWSAP). RECOMMENDATION: Approval of the motion as presented. Director of Solid Waste Services ,~,ngel R. Escobar, P.E. Director of Engineering Services Attachments: a. Additional Information b. Contract Summary c. Site Map H:\HOM E\KEVINS\GEN\LAN DFI LL\GWSAP~2003\LabAWDMemo.doc AGENDA MEMORANDUM DATE: January 21,2003 SUBJECT: J.C. Elliott Landfill - Groundwater Monitoring & Sampling (Project #5147) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a geotechnical services agreement with Trinity Engineering/Kleinfelder, Inc. in an amount not to exceed $107,850 for the J. C. Elliott Landfill Groundwater Monitoring and Sampling 2003 & 2004 project. ISSUE: The Texas Commission of Environmental Quality (TCEQ) requires groundwater sampling and monitoring to be undertaken in accordance with the approved Groundwater Sampling and Analysis Plan (GWSAP). RECOMMENDATION: Approval of the motion as presented. ~i}e~or of Solid Waste Services Director of Engineering Services Attachments: a. Additional Information b. Contract Summary c. Site Map H:~HOME\KEViNS\GEN\LAND FILL\GWSAP~2003\LabAWDMemo.doc ADDITIONAL INFORMATION BACKGROUND: SUMMARY: TCEQ requires the installation of groundwater monitoring wells around solid waste landfills. The wells must be monitoring to ensure thers is no migration of leachate offthe landfill site. Landfill cells are designed to prevent the flow of groundwater into and out of disposal cells. Modem disposal cells are constructed with liners and leachate collection system to allow any water to be collected for treatment. There are seventeen (17) groundwater monitoring wells located at J. C. Elliot Landfill. The Groundwater Sampling and Analysis Plan (revised March 5, 2002) sets for the sampling requirements and procedures sampling and analysis. The GWSAP requires semi-annual monitoring of the groundwater wells. CONTRACT: The details of the monitoring are indicated in the contract summary. See Exhibit B. PRIOR COUNCIL ACTION: Approval of the FY2003 Capital Budget, Ordinance No. 024730. CONSULTANT SELECTION: The firm of Trinity Engineering/Kleinfelder, Inc. is extremely familiar with the J. C. Elliot Landfill. This firm has provided geotechnical and laboratory services at J. C. Elliott Landfill for several years. They have been active in the construction of disposal cells and the installation of the monitoring wells. They are thoroughly familiar with TCEQ landfill regulations. FUNDING: Funding is available from Sanitary Landfill CIP Fund. H:\HOME\KEVINS\GEN\LAN DFILL\GWSAP~2003\LabAWDBKG.EXA.doc EXHIBIT "A" J Page 1 of 1 EXHIBIT B CONTRACT SUMMARY TASK 1 Transition The transition will consist of: a visit to the landfill by senior project personnel to examine the existing facilities, monitoring wells and dedicated equipment; planning and final selection of equipment; review and copy pertinent documents in the J. C. Elliot Landfill files; enter existing data into the statistical database software. TASK 2 Groundwater Monitorinq Kleinfelder will conduct the semi-annual monitoring of seventeen (17) groundwater monitoring wells at the J. C. Elliot Landfill. Monitoring will consist of measuring water levels and collecting groundwater samples from wells MW-1 through MW-17. Water levels will be measured to the nearest O.01foot. Wells will be purged by Iow-flow or micro-purging methods in accordance with "Low-Flow Purging and Sampling Demonstration," dated May 2001, to ensure that water representative of adjacent the shallow aquifer is obtained in the samples. During purging, water quality parameters (temperature, specific conductance, pH, mV, and dissolved oxygen) will be monitored continuously. Purging will be considered complete when three successive measurements are within limits established in the GWSAP. The flow rate will be adjusted to less than 100 mi per minute for sample collections. Samples will be collected in the following order: VOCs, metals, and lastly, other constituents. Samples will be placed into laboratory-supplied containers with preservatives, as appropriate for the constituent(s). The samples will be chilled immediately to 4°C and will be delivered daily to the analytical laboratory under chain-of-custody procedures. Wastewater will be placed in containers and transported to the City of Corpus Christi's West Side Wastewater Treatment Plant sanitary sewer collection system, or to another facility as authorized by the City. Quality assurance / quality control samples will be collected at following frequencies: · Equipment blank, the greater of one per day or per sampling event. · Field blanks, the greater of one per day'0r per 10 wells. · Trip blank, the greater of one per event'or cooler containing VOC samples. · Field duplicates, the greater of one set per event or per 10 wells. · Split sample, minimum one per event fr~m the most down gradient monitor well. A state-approved analytical laboratory will analyze the monitor well and quality control samples for detection monitoring constituents listed in Appendix A, Table 1, of the Groundwater Sampling and Analysis. AnalySis Inc. will be used as the primary sub-contracting laboratory. Well condition will be assessed semi-annually during sampling and discrepancies noted that might impair their suitability to provide representative monitoring information. TASK 3 Self-Monitorinq Reportinq Kleinfelder will prepare a summary report for each semi-annual monitoring event. The report will be presented in a clear and concise format that is consistent with previous reports and requirements of the Texas Commission on Environmental Quality (TCEQ). The report will H:\HOME\KEVINS\GE N\LAND FILL~GWSAP~2003\LabAWDSumExhB,doc Exhibit B ] Page 1 of 2 include a summary transmittal letter to the, TCEQ, a summary data table for inorganic constituents, a groundwater elevation contour map, field sampling data sheets and groundwater summary reports for each well, quality control summaries, and laboratory reports. TASK 4 Coordination with Requlatory Aqencie~ Kleinfelder will coordinate with appropriate regulatory agencies as required based upon response to the monitoring report submittals and other communications or notifications that may be necessary during the course of the project. The semi-annual report will provide the primary vehicle for agency communication. Monitoring services will be provided for a term of two years unless extended by amendment of this agreement. ESTIMATED COSTS Task 1 Estimated Cost Transition Planning and Training $7,980.00 Transition Data Acquisition and Transfer $6,170.00 Software Acquisition ~ $2500.00 Subtotal Transition $16,650.00 Task 2, 3, & 4 Semi Annual Sampling Event - Labor $11,200.00 Semi Annual Sampling Event - Equipment $1,900.00 Semi Annual Sampling Event - Analysis $9,700.00 Estimated Semi Annual Sampling $22,$00.00 Subtotal Sampling (Event x 4) $91,200.00 Total $107,850.00 Assessment Monitoring will be Authorized and Evidenced in writing as an Amendment to this Agreement if Required Assessment Monitoring (if required) Assessment Sampling Labor- per well $980.00 Assessment Sampling Equipment - per $800.00 well Assessment Sampling Analysis - per well $1,000.00 Subtotal Assessment Sampling $2,780.00 Total Fee Not to Exceed $107,850.00 Exhibit B Page 2 of 2 ] H:\HOME\KEVINS\GEN\LANDFILL\GWSAP~2003\LabAWDSumExhB.doc File: councilexhibits \ exh5 ! 4 7. dwg ~ 37 NUECES BAY N HWY 44 ~ AGNES CDRPUS CHRISTI INTERNATIDNAL AIRP§RT CORPUS CHRISTI BAY DSO CREEK J.C. ELLIOTT LANDFILL F.N, 43 FM 2444 PROJECT # 5147 SITE LOCATION IdAP N.T.S. EXHIBIT "C" J. C. ELL_TOTT LANDF_TLL - GROUNDWATER MON_T TORJTNG & SAMPL.~NG CI'PFOF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF' ENGINEERING SERVICES PAGE: I of 1 DATE: 01-21-2003 9 AGENDA MEMORANDUM DATE: January 21, 2003 SUBJECT: CCIA Air Traffic Control Tower- Asbestos Abatement (Project #1074) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an agreement with ERM Southwest, Inc. in an amount not to exceed $55,500 for the Corpus Christi International Airport Air Traffic Control Tower and Administrative Facility Asbestos Survey Abatement Consulting Services. ISSUE: Regulations require an asbestos survey and abatement be completed prior to the demolition of the old CClA Air Traffic Control Tower and Administrative Facility. Retention of a consulting firm is necessary to perform the required survey, prepare the abatement plan, specifications and contract documents to solicit bids. RECOMMENDATION: Approval of the motion as presented. Dave Hamrick Director of Aviation Services Director of Engineering Services Attachments: a. Additional Information b. Contract Summary c. Site Map H:\HOME\KEVINS\GENV~IR\TOWER\E RMAWDMemo.doc ADDITIONAL INFORMATION BACKGROUND: SUMMARY: The Federal Aviation Administration constructed a new Air Traffic Control Tower (ATCT) that is compatible with the new Terminal Building. The new Terminal is a two-story design to facilitate passenger loading and aircraft operations. The new Terminal Building created sight line obstructions that required the construction of the new ATCT. The completion of the new ATCT and Terminal Building permitted all functions to be relocated into the new facilities. The old Administrative Facilities are being leased to the Transportation Security Administration pending build out of the lease space in the new Terminal. The old ACTC and Administrative Facilities are programmed for demolition as part of the Capital Improvement Program for the Aviation Department. The Texas Department of Health (TDH) requires an asbestos survey be completed prior to demolition of public buildings. Any friable asbestos must be abated in advance of demolition. CONTRACT: The details of the monitoring are indicated in the contract summary. See Exhibit B. PRIOR COUNCIL ACTION: December 17, 2002 - Approval of the FY2003 Capital Budget (Ordinance No. 025144). CONSULTANT SELECTION: A Request for Qualifications was issued by the City for the required services. FAA regulations do not permit locality to be utilized in the evaluation criteria for projects utilizing Federal funding. Two firms responded to the RFQ for asbestos abatement services. The firm of ERM Southwest, Inc. was selected as best qualified to perform the required services. The other responding firm did not possess TDH asbestos licenses, and was proposing to sub-contract those elements of the work requiring a TDH license. ERM Southwest is a large consulting firm with a local office. FUNDING: Funding is available from the Aviation CIP Fund and FAA Grants. \\CLSTR 1_US ERS2_S ERVER\USERS2\HOM E\KEVINS\GEN~AI R\TOWER\ERMAWDBKG.EXA,doc EXHIBIT "A" I Page 1 of 1 EXHIBIT B CONTRACT SUMMARY A. BASIC SERVICES 1. Phase 1 - Asbestos Survey - The Consultant will: a. review the construction drawings and the information provided by the City concerning previous asbestos surveys performed at the Air Traffic Control Tower (ATCT) and Aviation Department Administrative Facility; b. complete a preliminary site visit, c. perform an asbestos survey by an EPA accredited and State of Texas licensed inspector in accordance with the U.S. Environmental Protection Agency (EPA) and Texas Department of Health (TDH) regulations which require the inspection of a building for Asbestos Containing Materials (ACM) prior to scheduled renovation or demolition activities; d. identify suspect ACM and homogeneous areas, based on their visual observations; e. visually inspect areas previously identified as having ACM containing materials; f. re-sample materials identified as ACM if they cannot be visually verified by the inspector; g. randomly collect a minimum number of samples within each defined area when necessary to characterize materials as ACM and non-ACM; h. quantify suspect ACM and assess the current condition of the material; i. verify or identify the extent and location of friable and non-friable ACM within the building; j. attempt to access hidden or not readily accessible suspect materials within known areas provided these are not located in classified confined spaces, or deemed to be a health or safety risk to the inspector; k. assess materials hidden or not readily accessible (i.e., piping in walls, hidden insulation treatments, materials under carpet, etc.) only when deemed feasible in the opinion of the Consultant; I. not sample materials such as concrete flooring, wooden or metal doors, concrete block walls, or hidden inaccessible components; m. deliver samples under proper chain of custody to an accredited NVLAP and TDH-licensed laboratory for analysis by Polarized Light Microscopy (PLM) with dispersion staining techniques per EPA Method 40 CFR, Ch. 1, Part 763, Subpart F, Appendix A; n. have the laboratory determine the percent of asbestos, where applicable, by visual estimation; o. prepare a summary report documenting locations and types of identified ACM rather than a detailed survey report as the building is programmed for demolition. 2. Phase 2 - Asbestos Abatement Design - The Consultant will: a. prepare a site-specific asbestos abatement plan; b. technical plans and specifications; and c. contract bid documents for the removal and disposal of the identified ACM from the referenced building areas, d. ensure all plans documents are in accordance with TDH and EPA requirements; e. prepare specifications in accordance with current local, state, and federal regulations; and f. define abatement practices, procedures and inspection protocols. 3. Phase 3 - Bid Phase - The Consultant shall complete the following as part of the bid phase services: a. attend "on-site" pre-bid conference noting inconsistencies (if any) in the bid documents; Exhibit B ] Page 1 of 3 b. prepare for the City Engineer any addenda necessary to inform contractors of other revisions to the bid documents identified prior to bidding. Addenda will be prepared by Consultant and reproduced and distributed by the City Engineer; and c. assist the City Engineer in securing bids, analyze bids, and make a wdtten recommendation concerning award of the contract. CONSTRUCTION PHASE SERVICES Phase 4 - Asbestos Project Consulting, On-site Observation and Air Monitoring Services - The Consultant will: a. attend and assist the City Engineer with a pre-abatement meeting between the contractor, City Engineer, and other interested parties; b. review and check for approval, containment areas, materials and other submittals customarily provided by the Contractor or required by contract documents during the course of abatement by the contractor and ensure that two field copies and one record of submittal data is provided to the City Engineer (the abatement contract documents will provide for the contractor to pay the cost for any approval, materials or other submittals requiring more than two (2) reviews by the Consultant). The Consultant's review or approval of Contractor's submittals such as shop drawings, product data and samples shall only be for the limited purpose of checking for general conformance with the visual design concept expressed in the contract documents. The Consultant shall not be responsible for any deviations between (1) the shop drawings, and (2) the contract documents and field conditions; c. provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price or the duration of the abatement contract, and are not contrary to the general interest of the City under the contract; d. review and evaluate any change order proposals that may be necessary during the progress of the work including a recommendation to accept or reject; e. consult with the City Engineer and advise during abatement and confer with City staff and other governmental authorities as needed; f. make necessary visits to the site(s) of the project, work in cooperation with the City Engineer and his/her representative (Project Manager) and contractor to observe the general progress and quality of work, and determine, in general, if the work is being done in accordance with the contract documents and in accordance with the quantities of work represented in current contractor requests for payment. Consultant site visits will not constitute or be confused with a resident inspection or continuous monitoring of the progress of abatement. g. provide for engineering inspections during the progress of the project to ensure execution and delivery to the City Engineer a WPI.II Windstorm Certificate as required by the Texas Department of Licensing and Regulation, executed by an Engineer licensed to practice in Texas; h. provide inspection and monitoring of the abatement activities; i. report any actions by the abatement contractor that appear contrary to the abatement plan to the City Engineer and the abatement contractor's on-site superintendent; j. provide clarifications with respect to the asbestos abatement specifications; k. review the abatement contractor's submittals pertaining to asbestos abatement be on-site during the abatement project to perform on-site air monitoring, observation and documentation services during the asbestos abatement; L Exhibit B Page 2 of 3 I I. perform a final visual inspection of the abated areas and conduct a final aggressive air clearance in those areas, in accordance with general industry practices; m. utilize ambient and clearance air samples for the project will be analyzed by Phase Contrast Microscopy (PCM) in accordance with the National Institute of Occupational Safety and Health (NIOSH) Method 7400; n. prepare a final project report including a description of the project, asbestos monitoring results, and final air clearance documentation; and o. travel in Corpus Christi, and its environs, as necessary for accomplishment of services under this contract. Summar r of Fees: I Tasks I Description Fee Basic Services II.A. 1 Asbestos Survey 36,150 II.A.2 Asbestos Abatement Design 16,350 II.A.3 Bid Phase 3,000 Basic Service Subtotal $55,500 Construction Services ll.B.4 Construction PhaCe To be negotiated Construction Service Subtotal TBN TOTAL $55,500 Exhibit B 1 Page 3 of 3 San Patricio County N CORPUS CHRISTI BAY PROJECT LOCATION 1000 INTERNATIONAL DRIV~ CORPUS CHRISTI, TEXAS LOCATION MAP NOT TO SCALE CESAR CHAVEZ BLVD. HWY 44 AGNES RD. AIRPORT ENTRANCE N -- PUBLIC PARKING TERMINAL (AIR TRAFFIC CONTROL TOWER) --COMMERC~L APRON -- RUNWAYS SITE LAYOUT NOT TO SCALE ~ITY PROJECT No. 1074 CCIA AIR TRAFFIC CONTROL TOWER- ASBESTOS ABA TEI~IENT CITY OF CORPUS CHRISTI, TEXAS EXHIBIT "C" CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of I 10 CITY COUNCIL AGENDA MEMORANDUM January 21, 2003 AGENDA ITEM: A: Motion authorizing the City Manager, or his designee, to accept a grant in the amount of $27,216 from the Federal Emergency Management Agency (FEMA) for the purchase of three Rapid Intervention Kits. B: Appropriating $27,216 from the Federal Emergency Management Agency's Assistance for Firefighters Grant Program for fire fighting equipment in the No. 1050 Federal/State Grants fund for the purchase of fire fighting equipment; and declaring an emergency. ISSUE: The City of Corpus Christi Fire Department responds to over 400 structural fires per year. Many of these structures are occupied by our citizens. There is always the real danger that the occupants, or a responding firefighrer, could become lost in the structure. The Rapid Intervention Kits come equipped with thermal imaging cameras and other equipment that will allow us to quickly determine if any one is inside a building that is engulfed with fire and smoke. The cameras will pinpoint the victim and provide valuable information on how to best develop a plan to rescue the victim or victims. FUNDING: The proposed grant requires a 30% hard match of $11,664. The Rapid Intervention Kits will cost $38,880 which includes the 30% match. Funds for the hard match have been budgeted by the Fire Department in FY 2002-2003. REQUIRED COUNCIL ACTION: Council approval is required to authorize City Manager to accept grant and appropriate grant monies. RECOMMENDATION: Staff recommends approving ordinance to appropriate a grant in the amount of $27,216 received from the Federal Emergency Management Agency for the purchase of three Rapid Intervention Kits. J~]a'~ J:A-dam~tf - Fire Chief ADDITIONAL SUPPORT MATERIAL 1. Ordinance ORDINANCE APPROPRIATING $27,216 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S ASSISTANCE FOR FIREFIGHTERS GRANT PROGRAM FOR FIRE FIGHTING EQUIPMENT IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR THE PURCHASE OF FIRE FIGHTING EQUIPMENT; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $27,216 from the Federal Emergency Management Agency's Assistance for Firefighters Grant Program for Fire Fighting Equipment is appropriated in the No. 1050 Federal/State Grants Fund for the purchase of fire fighting equipment. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the __ day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: This 16th day of January, 2003: James R. Bray, Jr. City Attorney R. ,~a'y I~ining J FirSt A~sistant City Attorney Samuel L. Neal, Jr. Mayor R31103A1 .doc 11 ORDINANCE STATUS AGENDAITEM: Authorizing the City Manager, or his designee, to execute an Amendment to the five rental car concession lease agreements with Southwest Texas Leasing Company, Inc., d.b.a. Advantage Rent-A-Car, Inc., Coastal Bend Rent-A-Car, Inc., National Car Rental of Corpus Christi, Inc., Dollar Rent-A-Car Systems, Inc., and Texas South Rentals, Inc., d.b.a. Hertz Car Rental allowing for the collection of a Customer Facility Charge in an amount not to exceed $1.00 per rent car contract day to reimburse and pay for Capital Improvement Projects approved by the Director of Aviation at the Corpus Christi International Airport. FIRST READING: December 17, 2002 Passed: 8-0 (Jesse Noyola - Abstaining) FINAL READING: January 21, 2002 COMMENTS: (None) MOTION TO AMEND Motion authorizing the City Manager to execute a change to Amendment No. 1 to the five rental Car Concession Lease Agreements in paragraph 6.3B.8 as follows: "A. All vehicle rental companies who lease terminal space at Corpus Christi International Airport m&y shall, upon approval of Director, collect a daily customer facility charge ("CFC") of up to $1.00 per TRANSACTION day per vehicle from all AIRPORT customers. A TRANSACTION DAY MEANS A CAR RENTED FOR TWENTY-FIVE OR FEWER HOURS FOR THE FIRST TRANSACTION DAY, AND EVERY 24 HOURS FOR EACH TRANSACTION DAY THEREAFTER." CITY COUNCIL AGENDA MEMORANDUM December 17, 2002 AGENDAITEM: ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AMENDMENT TO THE FIVE RENTAL CAR CONCESSION LEASE AGREEMENTS WITH SOUTHWEST TEXAS LEASING CO., INC. DBA ADVANTAGE RENT-A-CAR, INC., COASTAL BEND RENT-A-CAR, INC., NATIONAL CAR RENTAL OF CORPUS CHRISTI, INC., DOLLAR RENT-A-CAR SYSTEMS, INC., AND TEXAS SOUTH RENTALS, INC. DBA HERTZ CAR RENTAL ALLOWING FOR THE COLLECTION OF A CUSTOMER FACILITY CHARGE IN AN AMOUNT NOT TO EXCEED $1.00 PER RENT CAR CONTRACT DAY TO REIMBURSE AND PAY FOR CAPITAL IMPROVEMENT PROJECTS APPROVED BY THE DIRECTOR OF AVIATION AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT. ISSUE: Corpus Christi International Airport (CClA) has five Car Rental companies. The current leases do not allow for the collection of Customer Facility Charges to reimburse for capital improvement projects, approved by the Director of Aviation, which benefit the customers and add value to the airport's infrastructure. This Ordinance amending the leases would allow for the collection of up to one dollar per rent car contract day to fund the improvements. All capital improvements become the property of the City. Council must approve all lease amendments. FUNDING: This agreement is at ne cost to CCIA. RECOMMENDATION: Staff recommends approval of the Ordinance as presented. Dave Hamrick Acting Director of Aviation ADDITIONAL SUPPORT MATERIAL Additional Background AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: December 17, 2002 The Corpus Christi International Airport has five rent car tenants. The original terminal design did not provide for sufficient power or phone service to the rent car office/service counter areas. The City provided for the necessary upgrades by authorizing an administrative change order with the contractor and funded the upgrade, approximately $10,000, with bond money. Since then the rent car companies have approached the Airport Staff and requested that they be allowed to charge a Customer Facility Charges (CFC) to fund their build-out and future improvements, such as lighted canopies to cover their cars in the rental car ready lot. The collection of CFCs is a standard industry practice to facilitate capital improvements. All capital improvements become the property of the Airport at the end of the leases. Authorizing the Rent Car companies to collect a CFC for projects approved by the Director of Aviation, in an amount not to exceed $1.00 per contract day, negates the requirement to take all five leases to Council in the future every time a rent car company requests permission to collect a CFC to pay for capital improvements. Staff recommends approval of the Ordinance as presented. AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AMENDMENT TO THE FIVE RENTAL CAR CONCESSION LEASE AGREEMENTS WITH SOUTHWEST TEXAS LEASING CO., INC. DBA ADVANTAGE RENT-A-CAR, INC., COASTAL BEND RENT-A-CAR, INC., NATIONAL CAR RENTAL OF CORPUS CHRISTI, INC., DOLLAR RENT-A-CAR SYSTEMS, INC., AND TEXAS SOUTH RENTALS, INC. DBA HERTZ CAR RENTAL ALLOWING FOR THE COLLECTION OF A CUSTOMER FACILITY CHARGE IN AN AMOUNT NOT TO EXCEED $1.00 PER RENT CAR CONTRACT DAY TO REIMBURSE AND PAY FOR CAPITAL IMPROVEMENT PROJECTS APPROVED BY THE DIRECTOR OF AVIATION AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute an amendment to the five Rental Car Concession Lease agreements with Southwest Texas Leasing Co., Inc. dba Advantage Rent-A-Car, Coastal Bend Rent-A-Car, Inc., National Car Rental of Corpus Christi, Inc., Dollar Rent-A-Car Systems, Inc., and Texas South Rentals, Inc. dba Hertz Car Remal allowing for the collection of a customer Facility Charge (CFC) in an amount not to exceed $1.00 per rent car contract day to reimburse and pay for capital improivement projects approved by thc Director of Aviation. H:~LEO-DIR\john\ORDINANCE~Amend. Rent Car Leases.wpd 12 ORDINANCE STATUS AGENDA ITEM: Authorizing the City Manager, or his designee, to execute a food and beverage concession lease agreement with MRCC, LTD. for the operation of a food and beverage concession at the Corpus Christi International Airport in consideration of payment of a fixed concession fee and the greater of a guaranteed minimum concession fee or ten percent of the concessionaire's nonalcoholic beverage and food sales and fifteen percent of all alcoholic beverage sales for a term of up to 108 months with a five-year option to renew upon agreed terms. FIRST READING: December 17, 2002 Passed: 8-0 (Jesse Noyola - Abstaining) FINAL READING: January 21, 2002 COMMENTS: (None) AGENDA MEMORANDUM December 17, 2002 ~JBJECT: Nine year lease agreement between City of Corpus Christi and MRCC Ltd. AGENDA ITEM: Ordinance authorizing the City Manager, or designee, to execute a Food and Beverage Concession lease agreement with MRCC Ltd. for the operation of a Food and Beverage Concession at the Corpus Christi International Airport in consideration of payment of a fixed concession fee and the greater Of a guaranteed minimum concession fee or ten percent of the Concessionaire's nonalcoholic beverage and food sales and fifteen percent of all alcoholic beverage sales for a term of up to 108 months with a five year option to renew ISSUE: The current Concessionaire desires to enter into a new lease in order to remedy inconsistencies regarding reimbursement for unappreciated assets during the recent relocation of the Airport restaurant to the new terminal. The new lease term wilt be nine years which is the remainder of the term of the current fifteen year lease negotiated in 1996. STAFF RECOMMENDATION: Recommend approval. Dave Hamrick Director of Aviation Attachments: Exhibit A: Background Information BACKGROUND INFORMATION December 17, 2002 BACKGROUND: The current food and beverage concessionaire entered into a fifteen year lease in November, 1996. At that time, construction began on the food and beverage facility which was not completed until November, 1998 in part due to structural problems located in tim terminal facility. In September, 2000, a portion of the food and beverage facility was demolished in order to construct the new terminal facility. Due to these unforeseen issues, the food and beverage concessionaire was unable to generate the profits projected during negotiations of the lease. The food and beverage operations relocated to the new facility in November, 2002. The current lease does not allow for reimbursement of the unamortized portion oftbe buitdout and equipment at the time they are placed into operations. It requires that amortization start at the beginning of the lease resulting in a lower reimbursement to the Conce~ionaire. In order to remedy this, we are recommending that the City pay $275,000 oftbe build-out costs for the new food and beverage restaurant and in turn, the Concessionaire will pay to the City a fixed monthly concession fee of $2,594.34 over the term of the lnng-term lease beginning February 1, 2003. If the long-term lease is not approved, the Concessionaire will repay the entire $275,000 et the end of the short term lease. The Concessionaire agrees to open the Chili's Restaurant on or before February 1, 2003. The new lease also clarifies the guaranteed minimum fee which is $.175 per enplaned passengers beginning in December, 2002 increasing to $.20 in December, 2011. It also addresses financial reporting procedures, establishes th~ current value of the new facility and equipment for future depreciation, and allows for depreciation once the asset is placed into service. This long term lease will be for nine years, the remaining years of the current long term lease agreement. Funding: The long term lease does not require an expenditure of funds. EXHIBIT AI Page 1 of 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FOOD AND BEVERAGE CONCESSION LEASE AGREEMENT WITH MRCC, LTD. FOR THE OPERATION OF A FOOD AND BEVERAGE CONCESSION AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT IN CONSIDERATION OF PAYMENT OF A FIXED CONCESSION FEE AND THE GREATER OF A GUARANTEED MINIMUM CONCESSION FEE OR TEN PERCENT OF THE CONCESSIONAIRE'S NONALCOHOLIC BEVERAGE AND FOOD SALES AND FIFTEEN PERCENT OF ALL ALCOHOLIC BEVERAGE SALES FOR A TERM OF UP TO 108 MONTHS WITH A FIVE YEAR OPTION TO RENEW UPON AGREED TERMS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a Food and Beverage Concession lease agreement with MRCC, LTD. for the operation of a Food and Beverage Concession at the Corpus Christi International Airport in consideration of payment of a fixed concession fee and the greater of a guaranteed minimum concession fee or ten percent of thc Concessionaire's nonalcoholic beverage and food sales and fifteen percent of all alcoholic beverage sales for a term of up to 108 months with a five year option to renew upon agreed terms. H:~LEG-DIR~\john\ORD1NANCE~Airport MMI Lease 108 mo.wpd 13 NO ATTACHMENT FOR THIS ITEM 14 AGENDA MEMORANDUM January 21,2003 SUBJECT: Padre Island Overlay District - Appropriation of Funds AGENDA ITEM: a. Ordinance Appropriating a $9,000 contribution in the No. 1021 General Fund from the Padre Island Business Association to defray consulting expenses associated with the development of a business overlay district; Amending Ordinance No. 024974 which Adopted the FY 2002-2003 Annual Budget by Increasing Appropriations by $9,000; and Declaring an Emergency. Motion authorizing the City Manager, or his designee, to execute a planning services contract with Municipal Planning Service of Missouri City, Texas, in the amount of $18,000 to prepare recommendations for incorporating architectural, landscape and design standards into the "B-2A" Barrier Island Business District. ISSUE: The Padre Island Business Association has administratively contracted to provide $9,000 in funding to help defray consulting expenses associated with the development of a business oveday distdct on Padre Island. Council must pass an appropriation ordinance to expenditure. RECOMMENDATION: Approval of the ordinance and motion as presented. Michael Gunning, AICP ! Director of Planning ADDITIONAL INFORMATION Exhibit A. Exhibit B. Background Information Contract Summary H:\HOME\KEVINS\G E N\Planning\^Appropdation Memo.doc ADDITIONAL INFORMATION SUBJECT: Padre Island Overlay District- Appropriation of Funds BACKGROUND: The Padre Island Business Association (Padre/Mustang Islands Business and Promotion Association, Inc.) has expressed concern that development on Padre Island is not completely addressed by the current zoning ordinance. The Association approached the City concerning the possibility of exploring possible amendments or creation of an oveday district to address architectural, landscaping, and signage issues. As a result of meetings between the Association and City staff, it was determined the best method of proceeding would be for the City to retain the services of a planning consultant. That consultant would be able to expeditiously review development issues and make recommendations concerning possible amendments to the City Zoning ordinance. It is envisioned the recommended zoning amendments are most likely to address regulations for the B-2A, Barrier Island Business District or a possible overlay district. Nothing in this contract obligates the amendment or passage of any ordinance(s) by the City Council. The Association has made an initial payment of $3,000. The contract provides for the Association to pay the City one half the consultant's invoices within 30 days of receipt up to the total of $9,000. The Planning Department budget includes funding for the other half of the consultant's fee. RECOMMENDATION: Passage of the ordinance and motion as presented. EXHIBIT "A" Page 1 of 1 H:\HOM E\KEVINS\GEN\PIan ning\^Appropdation B kg ExhA.doc ZONING REGULATION STUDY CONSULTANT MANAGEMENT AGREEMENT The City of Corpus Christi and the Padre Island Business Association (PIBA) are entering into this Agreement to in order to allow the City to retain the services of a Consultant, through a separate agreement, to evaluate and make recommendations for architectural, landscaping, and signage amendments to the City Zoning ordinance. Term. This Agreement is effective upon authorization by the City Council of the City of Corpus Christi ("City Council"), that date being ,2003, and will continue in force for one year from the effective date or until completion of the Project, whichever date occurs first. Funding Commitment. The City shall provide up to $9,000.00 of public funds from the No. 1020 General Fund for the Project. The Padre Island Business Association will provide funding in the amount of $9,000.00. The City acknowledges the receipt of $3,000.00 as the initial payment from the Padre Island Business Association. Scope of Proiect. The City Manager, or his designee, will retain the services of a planning consultant to evaluate and make recommendations for a zoning overlay district. The recommendations will address architectural, landscaping and signage issues associated with development on Padre Island. Recommended zoning amendments will primarily address regulations for the B-2A, Barrier Island Business District or a possible Planned Development District in lieu of he B-2A District. Nothing in this contract obligates the amendment or passage of any ordinance(s) by the City Council. Professional Services. The City Manager, or his designee, will execute a professional services contract to retain the services of a planning consultant. The Director of Planning ("City Planner"), or his designee, will provide project coordination and ensure close communication with the Padre Island Business Association. Payments. A. The City will invoice PIBA in the amount of one half of the progress invoices submitted by the planning consultant. The City will submit the invoices to PIBA until $9,000.00 is paid in full. B. PIBA will pay the invoices submitted to the City within thirty (30) days or receipt. C. The City shall process payments to the planning consultant in a timely manner and the PIBA will have no contractual relationship with the consultant D. The PIBA agrees and covenants to be solely responsible for remittance to the City one half of the planning consultant's monthly invoices as its proportionate share due for work performed by the planning consultant to a maximum of $9,000.00. E. When PIBA has paid $9,000.00, PIBA shall have no further financial obligation to make payment to the City for any work performed by the planning consultant. Exhibit B Page 1 of 2 Notice Address. Correspondence concerning this contract will be sent to the City and PIBA as follows: City: Director of Planning City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 PIBA: Padre Island Business Association 14493 South Padre Island Drive, Ste. A-313 Corpus Christi, Texas. 78418 Disclosure of Interest. PIBA further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the City of Corpus Christi Disclosure of Interests form attached hereto as Exhibit A. CITY OF CORPUS CHRISTI PADRE ISLAND BUSINESS ASSOCIATES By: By: Margie Rose, Asst. City Mgr. Date Authorized Representative Date APPROVED AS TO FORM: TITLE: Assistant City Attorney Date Exhibit B Page 2 of 2 I ZONING REGULATION STUDY CONSULTANT MANAGEMENT AGREEMENT The City of Corpus Christi and the Padre Island Business Association (PIBA) are entering into this Agreement to in order to allow the City to retain the services of a Consultant, through a separate agreement, to evaluate and make recommendations for amhitectural, landscaping, and signage amendments to the City Zoning ordinance. Term. This Agreement is effective upon authorization by the City Council of the City of Corpus Christi ("City Council"), that date being ,2003, and will continue in force for one year from the effective date or until completion of the Project, whichever date occurs first. Funding Commitment. The City shall provide up to $9,000.00 of public funds from the No. 1020 General Fund for the Project. The Padre Island Business Association will provide funding in the amount of $9,000.00. The City acknowledges the receipt of $3,000.00 as the initial payment from the Padre Island Business Association. Scope of Project. The City Manager, or his designee, will retain the services of a planning consultant to evaluate and make recommendations for a zoning overlay district. The recommendations will address architectural, landscaping and signage issues associated with development on Padre Island. Recommended zoning amendments will primarily address regulations for the B-2A, Barrier Island Business District or a possible Planned Development District in lieu of he B-2A District. Nothing in this contract obligates the amendment or passage of any ordinance(s) by the City Council. Professional Services. The City Manager, or his designee, will execute a professional services contract to retain the services of a planning consultant. The Director of Planning ("City Planner"), or his designee, will provide project coordination and ensure close communication with the Padre Island Business Association. Payments. A. The City will invoice PIBA in the amount of one half of the progress invoices submitted by the planning consultant. The City will submit the invoices to PIBA until $9,000.00 is paid in full. B. PIBA will pay the invoices submitted to the City within thirty (30) days or receipt. C. The City shall process payments to the planning consultant in a timely manner and the PIBA will have no contractual relationship with the consultant D. The PIBA agrees and covenants to be solely responsible for remittance to the City one half of the planning consultant's monthly invoices as its proportionate share due for work performed by the planning consultant to a maximum of $9,000.00. E. When PIBA has paid $9,000.00, PIBA shall have no further financial obligation to make payment to the City for any work performed by the planning consultant. Exhibit B ] Page 1 of 2 15 AGENDA MEMORANDUM January 21,2003 SUBJECT: Convention Center & Multi-Purpose Arena - (Project No. 4235 & 4236) AGENDA ITEM: a. Motion authorizing the City Manager, or his designee, to execute an engineering materials inspection and laboratory services agreement with Fugro South, Inc. in an amount not to exceed $230,000 for the Bayfront Multi-Purpose Arena project. b. Motion authorizing the City Manager, or his designee, to execute an engineering materials inspection and laboratory services agreement with Fugro South, Inc. in an amount not to exceed $137,700 for the Convention Center Expansion and Rehabilitation project. ISSUE: Award of an engineering materials and laboratory services contract is necessary to ensure conformance of the two projects to the plans and specifications. FUNDING: Funding is available from bond proceeds upon appropriation. RECOMMENDATION: Approval of the motion as presented. cobar, P. E. Director of Engineering Services ADDITIONALINFORMATION Exhibit A. Exhibit B. Exhibit C. Background Information Prior Actions Location Map ADDITIONAL INFORMATION SUBJECT: Engineering Materials Inspection and Laboratory Services Convention Center Expansion and Rehabilitation - Project No. 4235 Multi-purpose Arena - Project No. 4236 BACKGROUND: Fugro South (Gulf Coast Testing) performed the geotechnical investigation for the Multi-Purpose Arena. The firm also performed the original geotechnical surveys for the Convention Center and Selena Auditorium. They also performed the geotechnical investigation for the Seawall project. Their records of geotechnical conditions in the immediate vicinity are the most comprehensive of the local testing firms. The geotechnical investigation report included recommendations and considerations that were utilized in the foundation design by the structural engineers of the two projects. Their knowledge of the project makes them the most qualified to provide engineering inspection and materials testing during construction. PRIOR COUNCIL/ADMINISTRATIVE ACTIONS: The Convention Center Expansion and Multi-Purpose Arena projects have a long and complex history. A summary of major actions is attached. See Exhibit B. CONTRACT: Materials testing contracts are based on the actual services performed. The estimated not to exceed fee is $230,000 for the Arena and $137,700 for the Convention Center. Their ~ervices will include: · Quality control testing; · Foundation inspection (laboratory and field); · Reinforcing steel sampling and laboratory testing; · Quality control testing of reinforcing steel splices; · Observation of steel splices; · Concrete mix design review; · Concrete sampling and laboratory testing; ,, Concrete quality control charts and logs; · Concrete batch plant inspections; Concrete job site inspections; · Floor slab testing; · Pre-cast plant and job site tests and inspections; · Structural steel shop and job site inspections; · Fireproofing tests and inspections; · Masonry inspections (prism compressive testing, mortar, grout, cmu, etc.); · Open web steel joist inspections; · Concrete finish measurements and tolerance inspections; EXHIBIT "A" Page 1 of 2 H:\HOM E\KEVINS\GE N'~Arena\^LabAWDB kg ExhA.doc Quality assurance preconstruction testing (stone cladding and veneers); · Field quality control (flrestopping); and · Roofing quality assurance and field quality control. ^ H:\HOME\KEVINS\GEN~Arena\ LabAWDBkgExhA,doc EXHIBIT "A" Page 2 of 2 PRIOR ACTIONS PRIOR COUNCIL ACTION: The Arena and Convention Center projects have involved a number of complex actions. Some of the significant actions by Council include: June 29, 1999 - Ordinance increasing the Hotel-Motel Occupancy Tax Rate from 7% to 9% (Ord. No. 023684). February 8, 2000 - Motion awarding project management contract in the amount of $486,000 to Gilbane Building Company for the Bayfront Convention Center Expansion and Rehabilitation project (M2000-039). 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; adoption 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 (Ord. No. 024269). January 23, 2001 - Ordinance appropriating and advancing $900,000 for the Arena project (Ord. No. 024346). January 30, 2001 - Ordinance appropriating $583,600 from anticipated revenues of the 2% Hotel Occupancy Tax and transferring $583,600 to the No. 3180 Convention Center Capital Improvement Fund (Ord. No. 024348). January 30, 2001 - Motion awarding an architectural services contract to Thompson, Ventulett, Stainback and Associates, Inc. For the multi-purpose arena and Bayfront Convention Center Expansion and Rehabilitation projects providing that $1,383,600 is currently authorized with the remaining balance of $3,093,250 being authorized only upon appropriation of funds (M2001-034) February 13, 2001 - Ordinance appropriating $900,000 from increased revenues generated by the 1/8 cent sales tax increase for the Multi-Purpose Arena Facility. February 13, 2001 - Ordinance rescinding Ordinance No. 024346 which appropriated $900,000 from the Unreserved Fund Balance of the Hotel Motel Occupancy Tax Fund; advancing $900,000 to and appropriating in the No. 3275 Arena Facility CIP Fund. February 20, 2001 - Motion authorizing Amendment No. 2 with Gilbane Building Company in the amount of $281,000 for construction management services during the design phase of the Multipurpose Arena and Bayfront Convention Center Expansion and Rehabilitation projects (M2001-080). July 24, 2001 -Ordinance adopting the FY2001-2002 Budget and appropriating funds as set forth (Ord. No. 024528). Auqust 21,2001 - Council approval of the Corpus Christi Business and Job Development Board resolution to issue a $5 million note for the land acquisition associated with the Multipurpose Arena and authorization to issue the notes on (Res. No. 024551). H:\HOME\KEViNS\GEN~Arena\^LabAWDPriorActionsExh B.doc EXHIBIT B Page 1 of 3 August 28, 2001 - · Authorization to submit a grant application for an Economic Development Initiative Special Project in the amount of $498,900 for land acquisition to expand the Bayfront Arts and Sciences Park (Res. No. 024563); · Authorization to execute all documents necessary to accept and implement an Economic Development Initiative Special Project for land acquisition to expand the Bayfront Arts and Sciences Park (M2001-339); · Appropriation of $498,900 subject to approval by the U. S. Housing and Urban Development in the No. 1050 Federal State Grants Fund for the FY2001 Economic Development Initiative Special Project for land acquisition to expand the Bayfront Arts and Sciences Park (Ord. No. 024564); · Authorization to execute an earnest money contract in the amount of $250,000 for acquisition of Lots 1 - 12, Block 72, Beach Addition with TRT Development Company for a purchase price of $3,319,084 (M2001-340). September 11,2001 - Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation and study in the amount of $39,880.00 with Fugro South, Inc., for the Multipurpose Arena and Convention Center Expansion/Rehabilitation project (M2001-346). October 30, 2001 - Ordinance appropriating $5,000,000 from loan proceeds into the Arena Facility Fund No. 3275 for Multipurpose Arena land acquisition, amending Ordinance No. 024162 which adopted the FY2000-2001 Capital Budget by increasing appropriations by $5,000,000; and declaring an emergency. November 13, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the architectural services contract with Thompson, Ventulett, Stainback & Associates, Inc., in an amount not to exceed $78,300 for wind tunnel studies of the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2001-424). September 9, 2002 - a. Ordinance appropriating $425,000 from the Hotel Occupancy Tax Fund No. 1030 un- appropriated fund balance (HB 1655 Convention Center Expansion/Renovation proceeds); authorizing the transfer of $425,000 and appropriating $425,000 in the Convention Center Expansion/Renovation Capital Fund No. 3180 and declaring an emergency (Ord. # 025003) b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 in an amount not to exceed $736,465 to the architectural services contract with Thompson, Ventulett, Stainback & Associates, Inc., for additional design and construction phase services for the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2002-292) November 5, 2002 - Motion approving the recommended ranking of contractors for the Multi-Purpose Arena and authorizing the City Manager or his designee, to enter negotiations in accordance with the Local Government Code (M2002-364). November 26, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. I to the Construction Manager at Risk contract with Moorhouse-Beecroft, Joint Venture, LLC establishing a Guaranteed Maximum Price of $25,000,000 for construction of the Bayfront Convention Center Expansion / Rehabilitation project (M2002- 399). EXHIBIT B Page 2 of 3 H:~HOME\KEVINS\G EN~Arena\^LabAWD PriorActionsExh B.doc December 17, 2002 - a. Ordinance Appropriating $49,575,939 in the No. 3275 Arena 2002 CIP Fund from the Proceeds of the Sales Tax Revenue Bonds, Series 2002, to Fund the Construction of the Area; and Declaring an Emergency (Ord. No. 025150). b. Motion authorizing the City Manager, or his designee, to execute a construction contract with Fulton-Coastcon Corp., Joint Venture in an amount not to exceed $34,232,798 for the Multi-Purpose Arena and an amount not to exceed $1,500,000 for the Convention Center Expansion Mechanical System Improvements (M2002-430). (Total Contract = $35,732,798) January 14, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 with Gilbane Building Co. in the amount of $2,575,000 for project management services (construction phase) for the Convention Center Expansion and Rehabilitation and Multipurpose Arena Projects. PRIOR ADMINISTRATIVE ACTIONS: July 31, 2000 - Award of Amendment No. 1 in the amount of $7,500 to Gilbane Building Company for architectural selection assista, nce for the multi-purpose arena. November 4, 2002 - Award of a contract in the amount of $8,800 to Shiner Moseley and Associates for the development of the Convention Center Expansion and Multipurpose Arena Traffic Control Plan. November 12, 2002 - Award of a contract in the amount of $2,800 to MEI Govind for survey services associated with partial closure of Shoreline Boulevard. November 12, 2002 - Award of a contract in the amount of $10,500 to Laurence & Associates for the Multi-Purpose Arena Pile Load Test. December 20, 2002 - Award of Amendment No. 3 in the amount of $25,000 to Gilbane Building Company to initiate construction phase services for the multi-purpose arena. H:\HOM E\KEVlNS\GEN~Arena\^LabAWDPriorActionsExhB.doc EXHIBIT B Page 3 of 3 SHIP CHANNEL HARBOR BRIDGE N SUBJECT puRpOSE CORPUS CHRISTI BAY CITY PROJECT NO. 423514236 CONVENTION CENTER & MUL TI-PURPOSE ARENA CITY OF CORPUS CHRIS, TEXAS VICINITY NAP NOT TO SCALE CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERtRCES PAGE: I of 1 DATE: 01-014-2003 EXHIBIT 'C' 16 CITY COUNCIL AGENDA MEMORANDUM City Council Meeting: January 21, 2003 AGENDA ITEM: Resolution authorizing the City Manager or his designee to execute an Advance Funding Agreement For Voluntary Transportation Improvement Projects with the Texas Department of Transportation for landscaping improvements and wallscape construction at U.S. Hwy. 181 and Mesquite Street. ISSUE: The US 181 project is on a list of the TxDOT 2002 Governor's Community Achievement Awards Program list. TxDOT will fund the approximately $100,000 award and the City will assume maintenance of the landscape on the state right-of-way. The project will provide significant landscaping with a wallscape (concrete art retaining wall.) PRIOR COUNCIL ACTION: None. REQUIRED COUNCIL ACTION: Resolution authorizing the City Manager or his designee to enter into an agreement with TxDOT which covers the responsibilities of the parties respective relative to the U.S. Hwy. 181 & Mesquite project. BOARD/COMMITTEE REVIEW: The Park and Recreation Advisory Board has been notified of the project and voiced its approval. RECOMMENDATION: The staff recommends that the City Council adopt the resolution approving the inter-local agreement. ADDITIONAL SUPPORT MATERIAL Background Information X Resolution X Design Presentation X Map X Daniel L. Whitworth Director, Park and Recreation AGENDA MEMORANDUM BACKGROUNDINFORMATION BACKGROUND: The Texas Department of Transportation will provide the funding for the U.S. Hwy. 181 & Mesquite Street Project as part of the 2002 Governor's Community Achievement Awards Program. The Project is expected to cost $100,000. The design calls for landscaping, irrigation, and a concrete art retaining wall with "Corpus Christi" lettering. Ongoing maintenance will be provided by the City and is estimated to be $5,050 per year. The City will enter into an Advance Funding Agreement for Voluntary Improvement Projects with TxDOT to accomplish the construction and ongoing maintenance of the project. A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN ADVANCE FUNDING AGREEMENT FOR VOLUNTARY TRANSPOR- TATION IMPROVEMENT PROJECTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR LANDSCAPING IMPROVEMENTS AND WALLSCAPE CONSTRUCTION AT U.S. HWY. 181 AND MESQUITE STREET. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION ~1. The City Manager or his designee is authorized to execute an Advance Funding Agreement for Voluntary Transportation Improvement Projects with the Texas Department of Transportation ("TXDOT") for landscaping improvements and wallscape construction at U. S. Hwy. 181 and Mesquite Street. SECTION 2. In return for the construction of the improvements by TXDOT, the City as- sumes responsibility for the maintenance of the landscaping in the State's right-of-way. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor The City of Corpus Christi APPROVED AS TO LEGAL FORM this the day of James R. Bray, Jr., City Attorney By: ~ ,2002. H:~LEG-DIR\eEzabeth~LIZABEIXEFEe$0 I, 100~Eth-es. 128 .wpd Corpus Christi, Texas day of ,2002 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott ESTIMATED SHEET QUANTITY DESCRIPTION QUA. UNIT FAN PALM 23 EA OLEANDER 22 EA SOD FOR ERO. CONT. 11510 SY EXISTING BRIDGE 0 0 0 EXISTING DRAIN WOLENADER @6, D.C. LIMITS OF NEW SOD 171OLENADER 06' D.C. GUARDRAIL ------ GUARDRAIL FAN PALM J 0' O.C. WALL LIMITS OF NEW SOD _j WALL A LIMITS OF NEW SOD EXISTING DRAIN INLET EXISTING SIGN EXISTING DRAIN EXISTING LAMP POST EXISTING GUARDRAIL \WALLD CU NEW CURB 0 -WALL C ]FAN PALM PACE AS SHOWN --- --------- -------------- [3) FAN PALM 0 D.C. ---- ----- EXISTING DRAIN INLET OLENADER Q6, D.C. ------ ----------------------- LIMITS OF NEW SOD --------- ---- pp 00 Sy ASODRJONXG FOR ERO. CONTROL EXISTING DRAIN INLET CURB WOLENADER 06! D.C. EXISTING LAMP POST 131 FAN PALM JAPPROX 1 '0 Sy -----lJ SPACE AS SHOWN SODDING FOR ERO. CONTROL 0 30 60 90 SCALE, I"= 30' orpus. Christ1