HomeMy WebLinkAboutAgenda Packet City Council - 04/21/2020 o',A-)5r.,f,�r s City of Corpus Christi 1201 Leopard Street
Corpus Christi,TX 78401
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\ Meeting Agenda - Final-revised
City Council
Tuesday,April 21,2020 11:30 AM Council Chambers
Addendums may be added on Friday.
A. Mayor Joe McComb to call the meeting to order.
B. Invocation to be given by Mayor Joe McComb.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag.
D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS:
a. GOVERNMENT ACTIONS RELATED TO CORONA VIRUS
F. PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND
PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF
THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public
meetings will be held in a manner intended to separate, to the maximum practical
extent, audience and presenters from personal contact with members of
Community, City Staff, and City Council. This meeting will be broadcast at
cctexas.com/services/council meeting-agendas-minutes-video. Public testimony
and public hearing input for Public Comment and all items on the agenda at
public meetings of the City Council should be provided in written format and
presented to the City Secretary and/or designee no later than five minutes after
the start of each meeting of the City Council. Testimony and/or public input shall
be in accordance with the City Secretary's instructions, which shall be posted
on the City Secretary's door and on the City website, and allow for electronic
submission. The written public testimony shall be provided to members of City
Council prior to voting on measures for that meeting. Written testimony shall be
limited in accordance with the City Secretary requirements and shall be placed
into the record of each meeting. This testimony shall serve as the required public
testimony pursuant to Texas Government Code 551.007 and shall constitute a
public hearing for purposes of any public hearing requirement under law. The
meeting may be held telephonically or via videoconference. The public may
participate remotely by following the instructions of the City Secretary at
cctexas.com/departments/city-secretary.
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City Council Meeting Agenda-Final-revised April 21,2020
G. MINUTES:
1. 20-0510 Regular Meeting of April 14, 2020.
H. BOARD &COMMITTEE APPOINTMENTS: (NONE)
I. EXPLANATION OF COUNCIL ACTION:
J. CONSENT AGENDA: (ITEMS 2 - 18)
2. 20-0516 Ordinance approving an agreement between the City of Corpus Christi and
the Corpus Christi Business and Job Development Corporation in an
amount not to exceed $2,500,000.00 for Type A funding of arterial and
collector streets within the City; approving a Chapter 380 agreement in an
amount not to exceed $2,500,000.00 with LiftFund, Inc. for a small
business recovery program; appropriating $2,500,000.00 from the
unreserved fund balance of the Business and Job Development Fund for
use on the arterial and collector street improvements; amending the
operating and capital budget; and declaring an emergency.
sponsors: City Manager's Office
3. 20-0518 Ordinance amending the City's Consolidated Annual Action Plan (CARP)
of entitlement funding from HUD for FY 2019-2020; accepting and
appropriating $803,100.00 from the United States Department of Housing
and Urban Development (HUD) for Emergency Solutions Grant (ESG-CV)
and $1,622,820.00 for Community Development Block Grant (CDBG-CV)
funding in FY 2019-2020; authorizing the execution of all documents
necessary to accept, appropriate, and disburse the funds; to execute all
agreements, amendments and all other documents necessary to
implement the additional ESG-CV and CDBG-CV funding from HUD with
organizations for approved projects; and declaring an emergency.
sponsors: Housing and Community Development
Consent-Second Reading Ordinances
4. 20-0415 Zoning Case No 0220-03, MPM Development, LP. (District 5). Ordinance
rezoning property at or near 7797 Yorktown Boulevard from the "FR" Farm
Rural District to the "RS-4.5" Single-Family 4.5 District. Planning
Commission and Staff recommend Approval.
sponsors: Development Services
5. 20-0400 Ordinance accepting a grant award of$4,063.31 from Plains All American
Pipeline to purchase personal protective equipment for the Corpus Christi
Fire Department for use during industrial responses; and appropriating
$4,063.31 into the Fire Grant Fund.
sponsors: Fire Department
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6. 20-0341 Ordinance authorizing an amendment to the Lease Agreement with Padre
Island Yacht Club revising rent payments from greater of 10% of gross
income or$2300 annually to greater of 5% gross income or $2500
quarterly.
sponsors: Utilities Department
7. 20-0277 Ordinance authorizing three non-contiguous 30-foot wide pipeline
easements and one construction yard license of 1.12 acres to Dean
Pipeline Company, LLC to construct one new 8-inch pipeline for the
transportation of oil, gas, or other hydrocarbon product located on City
property operated by the City Water Department, two of the pipeline
easements are located southeast of the O.N. Stevens Water Treatment
Plant and third pipeline easement on property north of IH37 by the O.N.
Stevens Spillway Tract; located in Council District 1, and appropriating
$108,810 into the City's Water Department Operating Fund No. 4010.
sponsors: Utilities Department and Engineering Services
8. 20-0471 Ordinance amending Section 55-100 of the Corpus Christi Code of
Ordinances regarding wastewater winter quarter average usage
calculation to be effective by May 1, 2020.
sponsors: Water Utilities Department
Consent- Contracts and Procurement
9. 20-0275 Motion authorizing a three-year service agreement with C&S Plating and
Bumper Recycling, Inc., dba C&S Truck and Van Equipment for a total
amount not to exceed $663,000.00, for upfitting and repair parts and
services for Asset Management, effective upon issuance of notice to
proceed, with FY 2020 funding in the amount of$110,500.00 available
through the Fleet Maintenance Service Fund.
sponsors: Asset Management Department and Contracts and Procurement
10. 20-0354 Motion authorizing a five-year license agreement with e-Builder, Inc. in an
amount of$3,795,755.48 for the purchase of licenses and support
maintenance for Engineering Services, effective upon issuance of a notice
to proceed, with FY 2020 funding in the amount of$1,121,549.46 available
through the Engineering Services Fund.
Sponsors: Information Technology Services, Engineering Services and Contracts and
Procurement
11. 20-0364 Motion approving a service agreement with VWR International, LLC in an
amount not to exceed $99,760.40 for Phase III of the Utilities Water Lab
renovations and upgrades, effective upon issuance of notice to proceed
and FY 2020 funded through the Water Fund.
sponsors: Utilities Department and Contracts and Procurement
12. 20-0368 Motion authorizing a two-year supply agreement with Brenntag Southwest,
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Inc., in an amount not to exceed $5,440,294.52, for the purchase of
Sodium Hypochlorite used by the Utilities Department for the disinfection of
treated effluent at four Wastewater Treatment Plants, and by the Water
Treatment Plant to boost the disinfection properties of the City's drinking
water throughout the distribution system, effective upon issuance of notice
to proceed, with FY 2020 funding in an estimated amount of$1,133,400.00
available in the Wastewater and Water Funds.
sponsors: Utilities Department and Contracts and Procurement
13. 20-0369 Motion authorizing a two-year Supply Agreement with Univar Solutions
USA Inc., for an amount not to exceed $3,985,600.00 for liquid caustic
soda solution for pH adjustment for the water treatment process at the O.N.
Stevens Water Treatment Plant, effective upon issuance of notice to
proceed, with FY 2020 funding in an estimated amount of$996,400.00
available through the Water Fund.
sponsors: Utilities Department and Contracts and Procurement
14. 20-0413 Motion authorizing a two-year supply agreement with Polydyne, Inc., in an
amount not to exceed $790,585.00, for the purchase of Sludge Dewatering
Polymer for the Utilities Department, effective upon issuance of notice to
proceed, with first-year funding in the amount of$164,700.00 available in
the FY 2020 Wastewater Fund.
sponsors: Utilities Department and Contracts and Procurement
Consent- Capital Projects
15. 20-0103 Motion awarding Amendment No. 1 to contract with Hazen and Sawyer for
design and preparation of construction documents and related construction
phase services to dredge the pre-sedimentation basin, replace the solids
collector system and clarifier drive mechanisms for the O.N. Stevens Water
Treatment Plant (ONSWTP) in the amount of$862,388, for a revised
contract value not to exceed $912,188, located in City Council District 1,
effective upon issuance of notice to proceed, with funding approved and
available from Water 2020 Capital Improvement Program Budget.
sponsors: Utilities Department and Engineering Services
General Consent Items
16. 20-0480 Resolution requesting financial assistance from the Texas Water
Development Board for design and construction of improvements to the
City's Utility system; authorizing City staff and consultants to coordinate the
submission of the application to the Texas Water Development Board for
funding from its State Water Implementation Fund for Texas; and other
matters in connection therewith.
sponsors: Finance &Business Analysis
17. 20-0477 Resolution authorizing the Interlocal Agreement with Nueces County for
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exchange of Gulf beach maintenance with the City to maintain and clean a
portion of the Gulf beach managed by the County and the County to
maintain and clean a portion of the Gulf beach managed by the City. The
City will provide beach maintenance from the State Park Boundary to
Beach Marker 203. The County will provide beach maintenance from
Access Road 6 to Beach Marker 252.
sponsors: Parks and Recreation Department
18. 20-0519 Resolution authorizing submission of grant application for $18,032.44 to
the State of Texas, Office of the Governor, Criminal Justice Division for
funding eligible under the Coronavirus Emergency Supplemental Funding
Program FY 2020.
sponsors: Municipal Court Administration
K. RECESS FOR LUNCH
L. PUBLIC HEARINGS: (ITEMS 19 - 21)
19. 20-0430 Zoning Case No. 0220-02, J3PV Investment, LP. (District 4). Ordinance
rezoning property at or near 113 Porto Villageo Drive from the "RM-AT"
Multifamily AT District to the "RS-4.5/PUD" Single-Family 4.5 District with a
Planned Unit Development. Planning Commission and Staff recommend
Approval with the condition that the side yard setback shall be 3 feet where
the PUD adjoins lots that are not part of the development.
sponsors: Development Services
20. 20-0431 Zoning Case No. 0220-04, Nazari Mohammad Rezaei (District 3).
Ordinance rezoning property at or near 5506 Cain Drive from the "RS-6"
Single-Family 6 District to the "CN-1" Neighborhood Commercial District.
Planning Commission and Staff recommend Denial of the change to the
"CN-1" Neighborhood Commercial District in lieu thereof, approval of the
"RS-6/SP" Single-Family 6 District with a Special Permit with conditions. A
3/4 favorable vote is required to overrule Planning Commission
recommendation.
sponsors: Development Services
21. 20-0432 Zoning Case No. 0320-01, Margo Lyn Moore (District 4). Ordinance
rezoning property at or near 7517 South Padre Island Drive (State Highway
358) from the "RS-6" Single-Family 6 District to the "CG-2" General
Commercial District. Planning Commission and Staff recommend
Approval.
sponsors: Development Services
M. REGULAR AGENDA: (NONE)
N. FIRST READING ORDINANCES: (ITEMS 22 -23)
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22. 20-0425 Ordinance authorizing the conversion of 12 Firefighter I positions to
Firefighter 11 - EMS for a total cost of$30,888 to provide adequate staffing
of an additional medic unit that is being placed into service in District 2 at
Fire Station 7 in accordance with the FY2020 budget.
sponsors: Fire Department
23. 20-0440 Ordinance accepting $281,250.00 Air Quality Planning Grant from Texas
Commission on Environmental Quality and appropriating in the Community
Enrichment Grant Fund No. 1071.
sponsors: Planning & Environmental Services
O. BRIEFINGS: (NONE)
P. EXECUTIVE SESSION: (ITEM 24)
24. 20-0506 Executive Session pursuant to Texas Government Code § 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult
with attorneys concerning legal issues related to Application of AEP Texas
Inc to amend its Distribution Cost Recovery Factor at the Public Utility
Commission.
Q. IDENTIFY COUNCIL FUTURE AGENDA ITEMS
R. ADJOURNMENT
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City of Corpus Christi 1201 Leopard Street
Corpus Christi,TX 78401
cctexas.com
Meeting Minutes
City Council
Tuesday,April 14,2020 11:30 AM Council Chambers
Addendums may be added on Friday.
A. Mayor Joe McComb to call the meeting to order.
Mayor McComb called the meeting to order at 11:31 a.m.
B. Invocation to be given by Mayor Joe McComb.
Mayor McComb gave the invocation.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag.
Mayor McComb led the Pledge of Allegiance to the flag of the United States
and the Texas Flag.
D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
City Secretary Rebecca L. Huerta called the roll and verified that a quorum of
the City Council and the required Charter Officers were present to conduct the
meeting.
Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and
City Secretary Rebecca L. Huerta.
Note: Council Members Roland Barrera, Everett Roy and Paulette Guajardo
participated by video conference. Council Member Michael Hunter
participated telephonically.
Present: 9- Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy
Garza,Council Member Paulette Guajardo,Council Member Gil
Hernandez,Council Member Michael Hunter,Council Member Ben
Molina,Council Member Everett Roy, and Council Member Greg Smith
E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS:
Mayor McComb referred to City Manager's Comments. City Manager Peter
Zanoni reported on the following topics:
a. GOVERNMENT ACTIONS RELATED TO CORONA VIRUS
City Manager Peter Zanoni asked Director of Public Health District Annette
Rodriguez to provide an update.
Director of Public Health District Annette Rodriguez presented an update on
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COVID-19: importance of social distancing; health entities;testing for
COVID-19;two ways of testing for COVID-19; Nueces County positive COVID-19
cases; and statistics.
Council Members, City Manager Peter Zanoni, and Public Health District
Annette Rodriguez discussed the following topics: emergency clinics and
doctor's offices are not reporting; all entities should be reporting to us; all
numbers have to be reported to the CDC; in the past, private labs did not have
to report the total number of tests given,just the positive results, but COVID-19
is a communicable disease and has to be reported; all commercial labs are
reporting their numbers; a council member's concern that accurate reporting is
critical in order to come out of the economic stalemate and that the number of
tests that have actually been taken is low; the CDC and state guidelines have
to be followed because of the lack of supplies available for testing; guidelines
are being updated as more information is available; people are being
self-quarantined at home if not hospitalized;the importance of testing data; the
eligibility requirements for testing for COVID-19;the recovery requirement is no
fever for at least three days and in quarantine for at least 10 days; COVID-19
recoveries will be added to the City's website; consider developing guidelines
that would allow businesses to reopen still practicing social distancing; and the
contact tracing process.
City Manager Peter Zanoni reported on the following topics:
1) Recap of the Small Business Recovery Program. 2) Update on budgeting
and financing. 3)The initiative from Council Member Molina to thank our first
responders by lighting the Harbor Bridge with red (firefighters), blue(police
officers and white(healthcare providers)over a six-day period.
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F. PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND
PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF
THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public
meetings will be held in a manner intended to separate, to the maximum practical
extent, audience and presenters from personal contact with members of
Community, City Staff, and City Council. This meeting will be broadcast at
cctexas.com/services/council meeting-agendas-minutes-video. Public testimony
and public hearing input for Public Comment and all items on the agenda at
public meetings of the City Council should be provided in written format and
presented to the City Secretary and/or designee no later than five minutes after
the start of each meeting of the City Council. Testimony and/or public input shall
be in accordance with the City Secretary's instructions, which shall be posted on
the City Secretary's door and on the City website, and allow for electronic
submission. The written public testimony shall be provided to members of City
Council prior to voting on measures for that meeting. Written testimony shall be
limited in accordance with the City Secretary requirements and shall be placed
into the record of each meeting. This testimony shall serve as the required public
testimony pursuant to Texas Government Code 551.007 and shall constitute a
public hearing for purposes of any public hearing requirement under law. The
meeting may be held telephonically or via videoconference. The public may
participate remotely by following the instructions of the City Secretary at
cctexas.com/departments/city-secretary.
Mayor McComb referred to comments from the public.
The following people submitted public comments which are attached to the
minutes:
Destiny Flores, 2633 Riggan St.; Thomas C. Ernst, Sr., 14721 Whitecap Blvd.;
Charles Jennings; and Wendy Herman, 5325 Yorktown Blvd.
G. MINUTES:
1. Regular Meeting of March 31, 2020 and Special Meeting of April 7,
2020.
A motion was made by Council Member Garza, seconded by Council Member
Molina that the Minutes be approved. The motion carried by a unanimous
vote.
Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
H. BOARD &COMMITTEE APPOINTMENTS: (NONE)
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I. EXPLANATION OF COUNCIL ACTION:
J. CONSENT AGENDA: (ITEMS 2 - 16)
Approval of the Consent Agenda
Mayor McComb referred to the Consent Agenda. Council members requested
that Items 3, 12 and 15 be pulled for individual consideration.
There were no comments from the Council; or written testimony from the
public.
A motion was made by Council Member Smith,seconded by Council Member
Molina to approve the Consent Agenda with the exception of Items 3, 12 and
15. The motion carried with the following vote:
Aye: 8- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Hernandez, Council Member Hunter, Council Member Molina,
Council Member Roy and Council Member Smith
Absent: 1 - Council Member Guajardo
Abstained: 0
Consent-Second Reading Ordinances
2. Ordinance authorizing a purchase of ten fiberglass lifeguard stands from
Industrial Design Research, Inc. for a total amount of$281,050.00 for
Parks and Recreation to be used for the City's Bay and Gulf Beaches
and funded by the State Hotel Occupancy Tax Fund; appropriating
$281,050.00 from the State Hotel Occupancy Tax Fund; and amending
the budget to increase expenditures.
This Ordinance was passed on the consent agenda.
Enactment No: 032085
Consent- Contracts and Procurement
3. Motion authorizing a one-year service agreement with Signature Science,
LLC in an amount not to exceed $93,015.00 for DNA analysis of sexual
assault kits for the Corpus Christi Police Department, with FY 2020
funding in the amount of$38,756.25 available in the General Fund.
Mayor McComb referred to Item 3.
A Council Member and Chief of Police Mike Markle discussed the following
topics: an explanation for the backlog of DNA analysis sexual assault kits for
the Corpus Christi Police Department.
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Council Member Hernandez made a motion to approve the motion,seconded
by Council Member Garza. This Motion was passed and approved with the
following vote:
Aye: 8- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Hernandez, Council Member Hunter, Council Member Molina,
Council Member Roy and Council Member Smith
Absent: 1 - Council Member Guajardo
Abstained: 0
Enactment No: M2020-067
4. Motion authorizing the purchase of 27 replacement police vehicles from
GoodBuy Purchasing Cooperative of Corpus Christi, Texas for a total
amount of$979,205.00 to maintain continuity of operations with FY 2020
funding available from the Fleet Maintenance Service Fund in the amount
of$872,301.50 and the Crime Control Fund in the amount of
$106,903.50.
This Motion was passed on the consent agenda.
Enactment No: M2020-068
5. Motion authorizing three, one-year supply agreements for a combined
total amount not to exceed $135,284.50 for the purchase of bulk oil, with
an agreement with each of the following vendors: Arguindegui Oil Co. II,
Ltd. in an amount of$68,355.00; Sun Coast Resources, Inc. in an amount
of$48,180.00; and HJDJ American Lube Supply, Inc in an amount of
$18,749.50 effective upon issuance of notice to proceed, with FY 2020
funding in an amount of$56,368.54 available through the Fleet
Maintenance Services Fund.
This Motion was passed on the consent agenda.
Enactment No: M2020-069
6. Motion authorizing two, three-year service agreements with Allison Trans
Tech, LLC. as the primary in an amount not to exceed $186,000.00; and,
Rittgers' Services, Inc. dba Greatstate Transmissions as the secondary
in an amount not to exceed $124,000.00, for a combined amount not to
exceed $310,000.00, for off-site transmission repairs for vehicles over
14,000 lbs. gross vehicle weight rating (GVWR), upon issuance of notice
to proceed, with FY 2020 funding in the amount of$51,666.67 through the
Fleet Maintenance Service Fund.
This Motion was passed on the consent agenda.
Enactment No: M2020-070
7. Motion authorizing a five-year service agreement with Ranger Fire Inc. in
an amount not to exceed $155,345.00 for Fire System Inspection and
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Monitoring for the Corpus Christi International Airport (CCIA), effective
upon issuance of notice to proceed, with FY 2020 funding in an amount
of$11,650.00 available through the Airport Fund and $3,884.00 available
through the Airport Customer Facility Charge Fund.
This Motion was passed on the consent agenda.
Enactment No: M2020-071
8. Motion authorizing a five-year service agreement with Petroleum
Solutions, Inc. of Edinburg, Texas for a total amount not to exceed
$324,420.00 for fuel system inspection, maintenance, and repair
services for the Corpus Christi International Airport, effective upon
issuance of notice to proceed, with funding in the amount of$14,865.00
available through the FY 2020 Airport Fund and $17,577.00 available
through the FY 2020 Airport Customer Facility Charge Fund.
This Motion was passed on the consent agenda.
Enactment No: M2020-072
9. Motion authorizing a two-year supply agreement with Broen, Inc. in an
amount not to exceed $241,594.80 to purchase Broen gas valves that will
be stocked in the warehouse for use by the Gas Operations Department,
effective upon issuance of notice to proceed, with FY 2020 funding in the
amount of$50,332.00 available in the Stores Fund.
This Motion was passed on the consent agenda.
Enactment No: M2020-073
10. Motion authorizing a three-year supply agreement with Core & Main, LP
in an amount not to exceed $205,333.80 for the purchase of service
saddle taps for underground water supply pipes, effective upon issuance
of notice to proceed, with FY 2020 funds in an amount of$28,520.00
available in the Stores Fund.
This Motion was passed on the consent agenda.
Enactment No: M2020-074
11. Motion authorizing a three-year license and maintenance agreement with
Flycast Partners, Inc. for the amount of$218,188.54 for the purchase
renewal of Ivanti cloud-based Service Desk subscription licenses and
support maintenance to be used by Information Technology Department
for Help Desk services, asset management and reporting, effective upon
issuance of a notice to proceed, with FY 2020 funding in the amount of
$120,137.32 available through the Info Tech Fund.
This Motion was passed on the consent agenda.
Enactment No: M2020-075
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12. Motion authorizing a six-month service agreement with PlayCore
Wisconsin, Inc. dba GameTime in an amount not to exceed $739,150.85
for the installation of 14 playground units, effective upon issuance of
notice to proceed, with FY 2020 funding in the amount of$739,150.85
available through the Community Enrichment Fund.
Mayor McComb referred to Item 12.
Council Members, City Manager Peter Zanoni, City Attorney Miles Risley,
Assistant City Manager Keith Selman and Director of Park and Recreation
Jermel Stevenson discussed the following topics: the UDC requirements for
use of Community enrichment funds;the UDC language is too broad; a council
member's suggestion to reduce the 5-mile radius to 1 mile radius from the
subdivision or use funds for regional parks only;the goal is to have a park
facility close by; a spreadsheet of funding sources and maps of 14 different
parks have been handed out; good news for the City to get playgrounds for 14
parks; a council member's concern regarding the uses of the Community
Enrichment Fund; a six-month timeline to complete the 14 playground
installations; an update will be made available soon about the Bill Witt Park
funds; if a portion accumulated over the years is put into the funds;the process
to obtain a refund if development does not occur within seven years; Parks and
Recreation Committee Chairman Dotson Lewis emailed the council in support
of the Item; and look at narrowing the UDC language regarding Community
Enrichment Fund use in the future.
Council Member Garza made a motion to approve this motion,seconded by
Council Member Molina. This Motion was passed and approved with the
following vote:
Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
Enactment No: M2020-076
13. Motion authorizing the purchase and installation of a truck scale at J.0
Elliott Transfer Station from A-1 Scale Service, Inc., in an amount of
$71,963.00, and a five-year service agreement for inspection,
maintenance and calibration of the scale in an amount of$4,500.00, for a
combined amount not to exceed $76,463.00, effective upon issuance of
notice to proceed, with FY 2020 funding in an amount of$72,863.00
available through the General Fund.
This Motion was passed on the consent agenda.
Enactment No: M2020-077
Consent- Capital Projects
14. Motion awarding a contract to Highway Barricades and Services, LLC, in
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an amount not to exceed $300,000 for year one with up to two additional
one-year option periods, for a total amount not to exceed $900,000 for
the Pavement Markings Indefinite Delivery lindefinite Quantity (IDIQ) for
street striping to include concrete streets with funding available from the
FY 2020 Streets Fund.
This Motion was passed on the consent agenda.
Enactment No: M2020-078
General Consent Items
15. Resolution authorizing renewal of property insurance, including All Risk,
Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown
insurance, through Carlisle Insurance Agency, Broker of Record, for
upcoming policy year (May 5, 2020 - May 5, 2021) in exchange for annual
premium of$2,886,299.
Mayor McComb referred to Item 15.
City Attorney Miles Risley presented information on the following topics:
renewal of property insurance; background; new rates in market; premium
history; property rate versus total insured values history; deductibles; and other
coastal government entities.
Council Members, City Attorney Miles Risley, Carlisle Insurance Agency
President Tom Carlisle, and Broker Chase Carlisle discussed the following
topics: the total annual premium is $2,871,000; about 90%of that premium is
windstorm; several post Harvey claims have been made; and this year's
renewal rates increased by 31%.
Council Member Guajardo made a motion to approve this resolution,seconded
by Council Member Smith. This Resolution was passed and approved with the
following vote:
Aye: 8- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Molina,
Council Member Roy and Council Member Smith
Abstained: 1 - Council Member Hunter
Enactment No: 032086
16. Motion authorizing a build to suit agreement and lease agreement with
the Ed Rachal Foundation for the use of the former 50,000 square foot
Lamar Elementary School building to be repurposed as a City Office
Facility for an annual lease amount of$200,000.00 for the first five years
of a 20 year agreement commencing upon completion of remodel
construction.
This Resolution was passed on the consent agenda.
Enactment No: 2020-079
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K. RECESS FOR LUNCH
The recess for lunch was held during Executive Session Item 22.
L. PUBLIC HEARINGS: (ITEM 17)
17. Zoning Case No 0220-03, MPM Development, LP. (District 5).
Ordinance rezoning property at or near 7797 Yorktown Boulevard from
the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District.
Planning Commission and Staff recommend Approval.
Mayor McComb referred to Item 17.
Director of Development Services Al Raymond presented information on the
following topics: aerial overview; zoning pattern; and Planning Commission's
and staff's recommendation.
Council Members, City Attorney Miles Risley, City Manager Peter Zanoni, and
Director Raymond discussed the following topics: if Starry Gun Range is still
active; any discussion about the location of Oso Parkway; council member's
concerns what percentage of the property is in the velocity zone, 100-year
flood zone, and 500-year flood zone; if a disclaimer can be made that the
property is located near the gun range; if developers have discussed buying
out Starry Gun Range and what hours do they operate; and the developer is
not putting any development in the 100-year flood zone.
Mayor McComb opened the public hearing. There were no comments from the
public.
City Manager Zanoni stated that the City had purchased property in the zoning
area for a potential sewer treatment plant or lift station,so this issue may come
up again one day.
Mayor McComb closed the public hearing.
Council Member Guajardo made a motion to approve the ordinance,seconded
by Council Member Hernandez. This Ordinance was passed on first reading
and approved with the following vote:
Aye: 7- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter
and Council Member Molina
Nay: 1 - Council Member Smith
Abstained: 1 - Council Member Roy
M. REGULAR AGENDA: (NONE)
N. FIRST READING ORDINANCES: (ITEMS 18 -21)
Mayor McComb asked if there were any questions on Items 18-21. A council
City of Corpus Christi Paye 9 Printed on 4/16/2020
City Council Meeting Minutes April 14,2020
member asked that Item 21 be considered individually.
Council Member Molina made a motion to approve Items 18-20,seconded by
Council Member Garza.
There were no comments from the Council or the public.
18. Ordinance accepting a grant award of$4,063.31 from Plains All
American Pipeline to purchase personal protective equipment for the
Corpus Christi Fire Department for use during industrial responses; and
appropriating $4,063.31 into the Fire Grant Fund.
This Ordinance was passed on first reading and approved with the following
vote:
Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
19. Ordinance authorizing an amendment to the Lease Agreement with
Padre Island Yacht Club revising rent payments from greater of 10% of
gross income or$2300 annually to greater of 5% gross income or$2500
quarterly.
There were no comments from the Council or the public.
This Ordinance was passed on first reading and approved with the following
vote:
Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
20. Ordinance authorizing three non-contiguous 30-foot wide pipeline
easements and one construction yard license of 1.12 acres to Dean
Pipeline Company, LLC to construct one new 8-inch pipeline for the
transportation of oil, gas, or other hydrocarbon product located on City
property operated by the City Water Department, two of the pipeline
easements are located southeast of the O.N. Stevens Water Treatment
Plant and third pipeline easement on property north of IH37 by the O.N.
Stevens Spillway Tract; located in Council District 1, and appropriating
$108,810 into the City's Water Department Operating Fund No. 4010.
There were no comments from the Council or the public.
This Ordinance was passed on first reading and approved with the following
vote:
City of Corpus Christi Page 10 Printed on 4/16/2020
City Council Meeting Minutes April 14,2020
Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
21. Ordinance amending Section 55-100 of the Corpus Christi Code of
Ordinances regarding wastewater winter quarter average usage
calculation to be effective by May 1, 2020.
Mayor McComb referred to Item 21.
Director of Information Technology Peter Collins presented information on the
following topics: winter quarter average;winter quarter average calculation;
and requested amendments to Sections 1 (b)(1)(a)and 2(c)(2) of the ordinance.
Council Members, City Manager Peter Zanoni and Director Collins discussed
the following topics: the collection of data and billing cycles; beginning on
May 1, 2020 wastewater will be based on winter average and citizens will
receive the bill in June; and testing is being done to make sure the June bill is
accurate.
Council Member Molina made a motion to amend Sections 1 (b)(1)(a)and 2(c)
(2) of the ordinance to remove February and replace it with March,seconded
by Council Member Hernandez and passed unanimously.
Council Member Hernandez made a motion to approve the ordinance as
amended,seconded by Council Member Molina. This Ordinance was passed
on first reading as amended and approved with the following vote:
Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council
Member Guajardo, Council Member Hernandez, Council Member Hunter,
Council Member Molina, Council Member Roy and Council Member Smith
Abstained: 0
O. BRIEFINGS: (NONE)
P. EXECUTIVE SESSION: (ITEM 22)
Mayor McComb referred to Executive Session Item 22. The Council went into
executive session at 1:26 p.m. The Council returned from executive session at
2:13 p.m.
22. Executive Session pursuant to Texas Government Code § 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning legal issues related to sanitary sewer
overflows and the City's sanitary sewer system, water system, and/or
drainage system and/or potential future litigation involving the U.S.
Environmental Protection Agency, State of Texas, and/or U.S.
Department of Justice and the potential approval of attorney's fees,
expert fees, and expenses for negotiations and/or litigation with the
City of Corpus Christi Page 11 Printed on 4/16/2020
City Council Meeting Minutes April 14,2020
aforesaid entities.
This E-Session Item was discussed in executive session.
Q. IDENTIFY COUNCIL FUTURE AGENDA ITEMS
Mayor McComb referred to Identify Council Future Agenda Items.
Council Members, City Manager Peter Zanoni and City Secretary Rebecca
Huerta discussed that there will not be a council meeting on April 28,2020 and
there will be a 5:00 p.m. press conference update today.
R. ADJOURNMENT
The meeting was adjourned at 2:16 p.m.
City of Corpus Christi Page 12 Printed on 4/16/2020
P C,
Sarah Brunkenhoefer
From: Rebecca Huerta
Sent: Thursday, April 2, 2020 9:14 AM
To: Sarah Brunkenhoefer
Cc: Norma Duran
Subject: FW: Please Ban all Vehicular Mounted Sound Amplification Systems. I'm begging you.
Please print for the 4/14 Council meeting—general public comment.
Rebecca L. Huerta TRMC, CMC
City Secretary
City of Corpus Christi
1201 Leopard Street I Corpus Christi, TX 78401
P.O. Box 9277 1 Corpus Christi, TX 78469-9277
Phone: (361) 826-3105 1 Fax: (361) 826-3113
RebeccaHna,cctexas.com
If your e-mail is a Public Information Request, please
send to CitvOpenRecords@cctexas.com.
From: CitySecretary<CitySecretary@cctexas.com>
Sent:Thursday,April 2, 2020 9:04 AM
To: Rebecca Huerta <RebeccaH@cctexas.com>
Subject: FW: Please Ban all Vehicular Mounted Sound Amplification Systems. I'm begging you.
FYI.
From:Jazzy Flo <diazzariah79@gmail.com>
Sent:Thursday, April 2, 2020 8:58 AM
To: CitySecretary<CitySecretary@cctexas.com>
Subject: Please Ban all Vehicular Mounted Sound Amplification Systems. I'm begging you.
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password, username, payment or to take action from an email. When in doubt, please forward to
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Code of Ordinances
1. _Corpus Christi.Texas-Code of Ordinances
2. Chapter 31-NOISE
3.
4. Sec.31-5.-Vehicular mounted sound amplification systems.
1
Sec. 29-53. - Fees for preparation of director's record.Chapter 33- OFFENSES AND MISCELLANEOUS
PROVISIONS
• Chapter 31 - NOISE[l]
Footnotes:
--(1)--
Editor's note—Ord. No. 027440, §1, adopted Oct. 9, 2007,repealed the former Chapter 31, §§31-1-31-7, and enacted a new Chapter 31 as set
out herein. The former Chapter 31 pertained to similar subject matter and derived from Code 1958,§§22-1-22-7.
Cross reference—Drilling oil and gas wells, Ch. 35;as to use of railroad engine whistles,see§47-10.
• Sec. 31-1 . - Definitions and standards.
A-weighted sound level means the sound pressure level in decibels as measured on a sound level meter using
the A-weighting network. The level so read is designated dB(A) or dBA.
Entertainment district means the downtown, bayfront, and port areas delineated in the entertainment district
map, a copy of which is incorporated by reference and is on file with the city secretary's office.
Noise nuisance means any loud, irritating, vexing or disturbing sound originating from a nearby property
under separate ownership which causes injury, discomfort, or distress of a person of reasonable nervous
sensibilities, or any sound that exceeds the maximum permitted sound levels specified in section 31-3.
Nonresidential property shall mean any real property that is not included in the definition of residential
property as defined in this section. Without limitation, the term includes properties that have been developed other
than as residential properties, properties that are undeveloped, and properties that are devoted to public
purposes, such as public streets and parks.
Residential property shall mean any real property developed and used for human habitation that contains
living facilities, including provisions for sleeping, eating, cooking, and sanitation, unless such premises are
actually occupied and used primarily for purposes other than human habitation.
Sound level means the weighted sound pressure level obtained by the use of a sound level meter and
frequency weighting network as specified in American National Standards Institute specifications for sound level
meters. If the frequency weighting employed is not indicated, the A-weighting shall apply.
Sound level meter means an instrument which is used to measure sound pressure levels.
(Ord. No. 027440, § 1, 10-9-2007)
• Sec. 31-2. - Noise nuisance enumeration.
(a)
2
The following acts, among others not hereinafter enumerated, are declared to be "noise nuisances," and are
unlawful and in violation of the provisions of this chapter when such acts are done or accomplished or carried on
in such a manner, or with such volume, intensity, or with continued duration, so as to annoy, to distress, or to
disturb the quiet, comfort, or repose of a person of reasonable nervous sensibilities, within the vicinity or hearing
thereof, or so as to endanger or injure the safety or health of humans or animals, or so as to interfere with the
physical well being of humans or animals, or so as to endanger or injure personal or real property:
(1)
The playing or permitting or causing the playing of any radio, television, drum, juke box, musical instrument,
sound amplifier or similar device which produces, reproduces, or amplifies sound.
(2)
The keeping of any animal, fowl, or bird, which makes frequent or long, continued noise.
(3)
The continued or frequent sounding of any horn or other signal device on any automobile or vehicle, motorcycle,
bus or other vehicle, except as a danger signal.
(4)
The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine,
automobile, motorcycle, or other motor vehicle or boat, except through a properly installed muffler or other device
which prevents loud or explosive noises therefrom.
(5)
The crying, calling, or shouting, in person or by a mechanical device, or the use of any whistle, rattle, bell, gong,
clapper, hammer, drum, horn, loudspeaker or phonograph with or without an amplifier, hand organ, or other
devices or instruments, musical or otherwise.
(6)
The raucous shouting, whistling, yelling, singing, hooting, or crying of peddlers, hawkers, vendors or any other
persons.
(7)
The creation of any unreasonably loud, disturbing, and unnecessary noise on any street or sidewalk adjacent to
any school, hospital, or court which is in session.
(Ord. No. 027440, § 1, 10-9-2007)
• Sec. 31-3. - Noise violation decibel readings.
(a)
It shall be unlawful for any person to conduct, permit, allow, or produce a sound that is discernable beyond the
property lines of the property on which the sound is being produced that, when measured with a sound level
meter using the standardized frequency weighting as specified by the American National Standards Institute,
exceeds the applicable dB(A) level listed below for the property on which the sound is received:
Seventy (70) dB(A) between the hours of 8:01 a.m. and 11:00 p.m. Sunday through Thursday and between the
hours of 7:01 a.m. and 12:00 midnight on Friday and Saturday.
(2)
Sixty (60) dB(A) between the hours of 11:01 p.m. and 8:00 a.m. Sunday through Thursday and between the hours
of 12:01 a.m. and 7:00 a.m. on Friday and Saturday and between the hours of 12:01 a.m. and 8:00 a.m. on
Sunday.
(3)
3
Eighty-five (85) dB(A) for sound that both originates from and is received on property within the Entertainment
District, at all times.
(b)
The dB(A) levels set forth in this section apply to the property where the sound is being received. Any sound that
when measured at the property where the sound is being received exceeds the dB(A) level set forth in this
section is a violation of this chapter.
(c)
Any sound originating from Cole Park shall not exceed seventy (70) dB(A) when measured from any private
property.
(Ord. No. 027440, § 1, 10-9-2007)
• Sec. 31-4. - Vibration.
It shall be unlawful for any person to create, maintain or cause any ground or airborne vibration which is
perceptible without instruments by a person at any point on any affected property adjoining the property in which
the vibration source is located unless such activity is otherwise regulated under state or federal law.
(Ord. No. 027440, § 1, 10-9-2007)
• Sec. 31-5. - Vehicular mounted sound amplification systems.
It shall be unlawful for any person operating or controlling a motor vehicle in either a public or private place within
the city to operate any sound amplifier which is part of, or connected to, any radio, stereo receiver, compact disc
player, cassette player, or other similar device in the motor vehicle, in such a manner that, when operated, is
audible at a distance of thirty (30) or more feet from the source or, when operated causes a person to be aware of
the vibration accompanying the sound in any location outside the confines of the vehicle emitting the sound,
noise, or vibration.
I live on 2633 Riggan St. It's directly next to the car wash on 2643 Riggan Street. I call up to four times a day
regarding the noise level that goes on at this car wash. It's unbearable.I've been dealing
with this day in and day out there's people who park there at 12 in
the morning and they'll stay there till 3 and I can't handle it
anymore. My landlord has written letters to six different people who
come up under ownership and they have made no response. I am a
mother of a child under a year old and I am desperately asking you
to please take action.
My contact information is 361.480.4018. My email address is Diazzariah79agmail.com, and I am
available between 5 in the morning and 9 at night. Thank you so much for your time I look forward to hearing
from you.
Destiny Flores
4
Sarah Brunkenhoefer
From: CitySecretary
Sent: Thursday, April 9, 2020 8:45 AM
To: Rebecca Huerta
Cc: Sarah Brunkenhoefer; Norma Duran
Subject: FW: Coronavirus
Attachments: WC Beach I jpg; WC Beach 2.jpg
FYI.
From:Tom Ernst<tcernst@q.com>
Sent:Wednesday, April 8, 2020 6:47 PM
To:Joe McComb<Joe.McComb@cctexas.com>; CitySecretary<CitySecretary@cctexas.com>;
county.attorney@nuecesco.com
Cc: 'Tom Ernst' <tcernst@q.com>
Subject: RE: Coronavirus
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password, username, payment or to take action from an email. When in doubt, please forward to
SecurityAlert@cctexas.com. ] ]
I met with one of the Beach Patrol officers tonight. He had just finished determining that there were more recent
travelers attracted by Padre Island beaches. I am attaching two photos showing that the 100 ft. rule is not being
observed and new people continue to arrive here daily(instead of heading the stay at home rule).The officer told me
that you will finally close the beach this Fri., Sat., and Sunday, However he was unable to answer my question about it
being open in the rest of April. In order to stop the pandemic from spiking in Nueces County we need to close the
beaches for all of April (at least). We also need to publicize that the beaches are closed so that we don't continue to
attract"hotspot" travelers.
Thank you for making the decision to close the beaches this weekend. Please take action and close them for all of April
and publicize this action.
I'd be glad to answer any questions since I observe the beach daily.
Sincerely,
Thomas C Ernst Sr
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2
Sarah Brunkenhoefer
From: CitySecretary
Sent: Monday, April 13, 2020 9:49 AM
To: Sarah Brunkenhoefer
Cc: Norma Duran
Subject: FW: Lift restrictions
See below
-----Original Message-----
From: Rebecca Huerta<Rebecca H @cctexas.com>
Sent: Monday, April 13, 2020 9:14 AM
To: CitySecretary<CitySecretary@cctexas.com>
Subject: RE: Lift restrictions
Please forward to Sarah and Norma for public comment tomorrow.
Thanks,
Rebecca L. Huerta TRMC, CMC
City Secretary
City of Corpus Christi
1201 Leopard Street I Corpus Christi,TX 78401 P.O. Box 9277 1 Corpus Christi,TX 78469-9277
Phone: (361) 826-3105 1 Fax: (361)826-3113 RebeccaH@cctexas.com
If your e-mail is a Public Information Request, please send to CityOpenRecords@cctexas.com.
-----Original Message-----
From: CitySecretary<CitySecretary@cctexas.com>
Sent: Monday,April 13, 2020 7:55 AM
To: Rebecca Huerta <RebeccaH@cctexas.com>
Subject: FW: Lift restrictions
FYI.
-----Original Message-----
From: Charles Jennings<jenningscrj@gmail.com>
Sent: Saturday,April 11, 2020 5:21 PM
To: CitySecretary<CitySecretary@cctexas.com>
Subject: Lift restrictions
[ [WARNING: External e-mail.Avoid clicking on links or attachments.We will NEVER ask for a password, username,
payment or to take action from an email.When in doubt, please forward to SecurityAlert@cctexas.com. ] ]
Dear Mr. Mayor,
1
I don't envy your job and responsibility in times like this and decisions like this are hard I only pray you have the strength
to oppose the media and make good educated decisions on what is best for Corpus Christi,Texans and the US currently.
Please get the economy and the people back to work!!
31 years of military medicine the hysteria and media are making this worse than it is, I've seen worse disease and
disaster and war than this In my 31 years military service, we have known about this virus for years we will survive it just
be smart about this!
We need to get the people of Texas back to work we do not shut the economy and State down for the flu do we?ask
that elderly and sick or immunocompromised limit exposure and encourage the rest to get back to work and use good
hygiene, God puts viruses on this earth for a reason it is inevitable life goes on!
You are going to have more problems from shutting down the state and putting us in a depression,Abuse has already
increased along with robberies, shootings etc.This virus will be the least of your problems! Texans are sick and tired of
this reaction.
Please get the economy back up and running the economic meltdown will be far worse than this virus will ever be!!!!!!
Right now we are vulnerable to our enemies this is biological warfare we are retreating this is exactly what the enemy
wants us To do and create economic collapse. Hysteria and panic never helped any situation.The numbers don't add up,
Please people wake up!!!!!!!!!!!!!
What will happen if we have a true pandemic???
I am a Concerned citizen, medical professional, retired Army and last but not least voter!!!!
Respectfully,
Charles Jennings
Retired Military 31 years
Army PA
Flight Surgeon
Trained in: Family practice/ER/Urgent care/flight medicine & Hormone Replacement
Sent from my iPhone
z
PUBLIC COMMENT/INPUT FORM
Cit} of Corpus Christi
Enter either'City Council" or the nacre of the CPtr Board: Cit~f Council
DATE OF MEETING i,rnmecu,,yj-.j: 4-14-2€120
NAME: '` le'ncly Herman
ADDRESS: 5325 Yorktown Blvd
CFF: Corpus Christi STATE: TX Zlp: 78413
TOPIC: Community Enrichment Fees
AGENDA ITEM NUMBER (if applicable): 12
If no agenda item is specified,then this will he considered a general ;oublic comment and not a public nearing.
Item 12 on todays agenda is requesting almost$7A3,0a0 for the installation of playground equipment using Community Enrichment
Fees(CEF).As you may remember;these fees are paid by developers,in addition to a $200 per lot"park fee",at the platting stage of
the development process.according to the UDC Section 3.3.6.C,these funds shall only be used at a park within S miles of where they
.evere collected:, and only for",..parkland acquisition and park development..,"
While staff has been helpful and quick to respond to my questions about the validitj of using these funds in accordance with the UDC,
there remains sorne dispute oder the proper use of the CEF.We ask that you table this discussion until such a time as we are able to
have an audit of the funds and firm definition ,of"park development"so that you can better evaluate the validity of using these fends,
so
�o
o� A
H AGENDA MEMORANDUM
µoRPORPg4 Ordinance for the City Council Meeting of April 21 , 2020
1852
DATE: April 16, 2020
TO: Peter Zanoni, City Manager
FROM: Constance Sanchez, Chief Financial Officer
(361) 826-3189
ConstanceP@cctexas.com
Small Business Recovery Program
Agreement with LiftFund, Inc. and Type A
CAPTION:
Ordinance approving an agreement between the City of Corpus Christi and the
Corpus Christi Business and Job Development Corporation in an amount not to
exceed $2,500,000.00 for Type A funding of arterial and collector streets within the
City; approving a Chapter 380 agreement in an amount not to exceed
$2,500,000.00 with Lift Fund, Inc. for a small business recovery program;
appropriating $2,500,000.00 from the unreserved fund balance of the Business and
Job Development Fund for use on the arterial and collector street improvements;
amending the operating and capital budget; and declaring an emergency.
PURPOSE:
The purpose is to approve a Chapter 380 agreement with LiftFund, Inc. for small business
relief related to COVID-19 and a Type A project for the funding of repairs to arterial and
collector streets within the City of Corpus Christi. The agreement is to add an additional
$2,500,000 in funding to the program.
BACKGROUND AND FINDINGS:
Due to the current "stay-at-home" orders from federal, state and local authorities, most
small businesses have had to reduce their staff and their hours of operation or have had
to closed completely. This has put a tremendous strain on those businesses and has
resulted in many layoffs. It is estimated that unemployment in the area may rise to 30%
in April. The United States Congress has passed the Coronavirus Aid, Relief, and
Economic Security (CARES) Act, and the Small Business Administration has
implemented programs that can help businesses in need. These programs take time to
process, and most companies cannot wait for the funds to be dispersed.
In an effort to help these businesses either continue in business or to ensure that they
can reopen once the orders are lifted, these companies need an affordable loan program
to get through this downturn. The City has an ongoing relationship with LiftFund, Inc. that
extends to Type A funding for their loan buy-down program and the more recent Type B
funding for the Dream Makers Fund that established dedicated resources to be used as
a revolving loan fund for small companies within Corus Christi.
LiftFund, Inc. has established a process to take in applications and provide 0% interest
loans up to $25,000 to help small businesses in the City limits that have suffered financial
losses as a result of COVID-19. LiftFund, Inc. is a local Community Development
Financial Institution (CDFI), dedicated to strengthening small business within the city
limits. The Small Business Recovery Program was funded with an initial $1 ,700,000 in
COVID-19 disaster relief loans to business in Corpus Christi. As loans are paid back,
LiftFund, Inc. will deposit the repaid funds into the Dream Makers Fund. The fund will
absorb any loan defaults — the losses being subtracted from the total loan fund reducing
the amount of funds available for future lending. Funds deposited into the Dream Makers
Fund may only be used to provide loans to small businesses within Corpus Christi.
ALTERNATIVES:
The City Council may choose to change the amount of the agreement or not pass the
ordinance. This would not provide assistance to small businesses within the City.
FISCAL IMPACT:
In order to add additional funding to this program, $2,500,000 already appropriated in the
Fiscal Year 2019-2020 operating budget to be transferred to the Street Maintenance Fund
(Fund 1041) is being recommended to be repurposed for this program. In turn, Type A
funds in the amount of$2,500,000 were appropriated and approved by the Type A Board
on April 20, 2020 to be transferred to the Street Maintenance Fund (Fund 1041) to be
used for arterial and collector streets necessary for new and expanded business
enterprises. Neither this action nor the action by the Type A Board negatively impacts
the Street Maintenance Fund.
Funding Detail:
Fund: 1020 General Fund
Organization/Activity: 15100 Economic Development Incentives
Mission Element: 707 Economic Development
Project # (CIP Only): N/A
Account: 540116 — 380 Agreement - LiftFund
Fund: 1140 Business and Job Development
Organization/Activity:
Mission Element:
Project # (CIP Only): N/A
Account: 260800 Unreserved Fund Balance
RECOMMENDATION:
Staff recommends approval of the small business assistance agreement with LiftFund,
Inc. and the Type A funding of arterial and collector streets.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Agreements — Type A Agreement Amendment; Draft 380 Agreement
Presentation
1
Ordinance approving an agreement between the City of Corpus Christi and
the Corpus Christi Business and Job Development Corporation in an amount
not to exceed$2,500,000.00 for Type A funding of arterial and collector streets
within the City; approving a Chapter 380 agreement in an amount not to
exceed $2,500,000.00 with Lift Fund, Inc. for a small business recovery
program; appropriating $2,500,000.00 from the unreserved fund balance of
the Business and Job Development Fund for use on the arterial and collector
street improvements; amending the operating and capital budget; and
declaring an emergency.
WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City")
passed Proposition 2, New and Expanded Business Enterprises, which authorized the
adoption of a sales and use tax for the promotion and development of new and expanded
businesses enterprises within the City at a rate of one-eighth of a percent for 15 years;
WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was
subsequently enacted by the City Council and filed with the State Comptroller of Texas,
effective April 1 , 2003, to be administered by the Corpus Christi Business and Job
Development Corporation Board ("Type A Board");
WHEREAS, the Type A Board has determined that it is in the best interest of the
citizens of the City that economic development funds be used to fund repairs to specified
arterial and collector streets through the City's Street Preventative Maintenance Program
and that the City create an economic development program for small business incentives
related to the COVID-19 pandemic;
WHEREAS, the following arterial and/or collector streets in the City are in need of
repair: Interstate 37 (IH-37) from Mesquite Street to Shoreline Boulevard North and
Staples Street from South Padre Island Drive to Gollihar Road and said streets are
necessary for the promotion and development of new and expanded business enterprises
within the City (the "Project");
WHEREAS, the Project is consistent with the purposes for which the Business and
Job Development Fund was created and approved by the voters of the City, in that the
use of the funds allows for the promotion or development of new and expanded business
enterprises, the development of programs and facilities that assist small companies that
can produce jobs of the future, and assistance to businesses for the creation of
meaningful, wealth-producing jobs within the City;
WHEREAS, Lift Fund, Inc. has proposed to administer a $2,500,000.00 program
that aids small businesses within the City and requires the creation of jobs;
WHEREAS, the City has established a program in accordance with Article III,
Section 52-a of the Texas Constitution and Chapter 380 of the Texas Local Government
Code ("Chapter 380") under which the City has the authority to make loans or grants of
public funds for the purposes of promoting local economic development and stimulating
business and commercial activity within the City;
z
WHEREAS, the City has concluded and hereby finds that the proposed Chapter
380 agreement with Lift Fund, Inc. promotes economic development in the City of Corpus
Christi and, as such, meets the requirements under Chapter 380 and the City's
established economic development program, and, further, is in the best interests of the
City; and
WHEREAS, the City recognizes the positive economic impact that the proposed
Chapter 380 agreement will bring to the City through development and diversification of
the economy, reduction of unemployment and underemployment through the production
of new jobs, the attraction of new businesses, and the additional tax revenue generated
for the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. The City Council specifically finds that the foregoing statements included in
the preamble of this ordinance are true and correct and adopts such findings for all intents
and purposes related to the authorization of this project.
SECTION 2. That the project, as approved by the Type A Board on April 20, 2020, to
expend $2,500,000.00 for Street Preventative Maintenance Program repairs to specified
arterial and collector streets within the City is approved.
SECTION 3. That $2,500,000.00 from the unreserved fund balance in the Fund No. 1140
Business/Job Development Fund is appropriated for the repairs to specified arterial and
collector streets within the City.
SECTION 4. That Ordinance No. 031870, which adopted the FY 2019-2020 Operating
and Capital Budget, is amended to increase proposed expenditures in the No. 1140
Business/Job Development Fund by $2,500,000.00 for the repairs to specified arterial
and collector streets within the City and transferring these funds to the 1041 Street Fund,
to decrease the expenditures in the No. 1020 General Fund for the transfer to the Street
Maintenance by $2,500,000.00, and increase the expenditures in the No. 1020 General
Fund by $2,500,000.00 for the Chapter 380 agreement with Lift Fund, Inc.
SECTION 5. That the City Manager or designee is authorized to execute an agreement
with the Corpus Christi Business and Job Development Corporation in an amount not to
exceed $2,500,000.00 for Street Preventative Maintenance Program repairs to specified
arterial and collector streets within the City and the creation of an economic development
incentive program to provide assistance to small businesses forjob creation and business
development.
SECTION 6. That the City Manager or designee is authorized to execute a Chapter 380
agreement with Lift Fund, Inc. in an amount not to exceed $2,500,000.00 to provide relief
to small businesses within the City.
3
SECTION 7. 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 21 st day of April, 2020.
This ordinance takes effect upon City Council approval on this the day of
, 2020.
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Joe McComb
City Secretary Mayor
day of , 2020
Corpus Christi, Texas
PASSED AND APPROVED on this the day of
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency
exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at
two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this
ordinance finally on the date it is introduced or at the present meeting of the City Council.
Respectfully, Respectfully,
Joe McComb
Mayor
Council Members
4
The above ordinance was passed by the following vote:
Joe McComb
Roland Barrera
Rudy Garza
Paulette M. Guajardo
Gil Hernandez
Michael Hunter
Ben Molina
Everett Roy
Greg Smith
AGREEMENT BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT
CORPORATION AND CITY OF CORPUS CHRISTI FOR REPAIRS TO ARTERIAL AND
COLLECTOR STREETS AND CREATION OF SMALL BUSINESS INCENTIVE PROGRAM
This Agreement for repairs to arterial and collector streets and creation of a small business
incentive program ("Agreement") is entered into between the Corpus Christi Business and Job
Development Corporation ("Corporation") and the City of Corpus Christi ("City").
WHEREAS, the Texas Legislature in Section 501 of the Local Government Code (Development
Corporation Act of 1979) empowered local communities with the ability to adopt an optional local
sales and use tax as a means of improving the economic health and prosperity of their citizens;
WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and
Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the
promotion and development of new and expanded business enterprises at the rate of one-eighth of
one percent to be imposed for 15 years;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently
enacted by the City's City Council ("City Council") and filed with the State Comptroller of Texas,
effective April 1 , 2003, to be administered by the Corporation's Board of Directors ("Board");
WHEREAS, the Board wishes to provide funding for specified arterial and collector streets that
promote or develop new and expanded business enterprises and allow the City to create and manage
a small business incentive program in the amount of $2,500,000 to assist with COVID-19 recovery
within the City;
WHEREAS, the City wishes to create and manage a small business incentive program in the
amount of $2,500,000 to assist with COVID-19 recovery within the City through an agreement with a
third party;
WHEREAS, the Board has determined that it is in the best interests of the residents of the City
that the Corporation use business and job development funds to provide funding for specified arterial
and collector streets that promote or develop new and expanded business enterprises and allow the
City to create and manage a small business incentive program in the amount of $2,500,000 to assist
with COVID-19 recovery within the City;
NOW, THEREFORE, in consideration of the covenants, promises, and conditions stated in this
Agreement, the Corporation and the City agree as follows:
1. Agreement to Provide Economic Development Services. This Agreement between the
Corporation and the City is executed to provide the specific and measurable services for the promotion
and development of new and expanded business enterprises through the repair of arterial and collector
streets within the City, namely Interstate 37 ("IH-37")from Mesquite Street to Shoreline Boulevard North
and Staples Street from South Padre Island Drive to Gollihar Road. In exchange for the funds provided
by the Corporation for the repair of arterial and collector streets, the City will repair said streets and
create a small business incentive program, through Chapter 380 of the Texas Local Government Code,
to aid small businesses impacted by COVID-19. The small business incentive program will provide low-
interest loans to small businesses impacted by the COVID-19 pandemic for purposes of business
Page 1 of 3
development and incubation and the creation and retention of jobs within the City. The City may enter
into a Chapter 380 agreement with a third party for the management and administration of the small
business incentive program. If the City fails to create a small business incentive program by September
30, 2020, the funds will be returned to the Corporation.
2. Payments. The Parties agree that the Corporation will pay the City an amount up to $2,500,000.00
by May 1 , 2020.
3. Effective Date. The effective date of this Agreement is the date on which the City Council grants
approval for this Agreement, and it is signed by all parties.
4. Term. The term of this Agreement is for one year beginning on the Effective Date and expiring
twelve (12) months later.
5. Termination. The Parties may, by written agreement, terminate this Agreement at any time. In
the event of such termination, the Corporation will be entitled to a refund of any funds not used as
part of a small business incentive program by the date of termination.
6. Amendments or Modifications. No amendments or modifications to this Agreement or to the
Services may be made, nor any provision waived, unless the amendment or modification is made in
writing and signed by persons duly authorized to sign agreements on behalf of all parties.
7. Notices.
a. Any required written notices shall be sent, certified mail, return receipt requested,
addressed as follows:
If to Corporation:
City of Corpus Christi Business and Job Development Corporation
Attn: President
1201 Leopard Street
Corpus Christi, Texas 78401
If to City:
City of Corpus Christi
Attn: City Manager's Office
1201 Leopard Street
P.O. Box 9277
Corpus Christi, Texas 78401
c. Notice is effective upon deposit in the United States mail in the manner provided above.
Page 2 of 3
8. Relationship of Parties. In performing this Agreement, the Corporation and the City shall act in an
individual capacity, and not as agents, representatives, employees, employers, partners, joint-
venturers, or associates of one another. The employees or agents of either party may not be, nor be
construed to be, the employees or agents of the other party for any purpose.
CORPUS CHRISTI BUSINESS & CITY OF CORPUS CHRISTI
JOB DEVELOPMENT CORPORATION
Scott Harris Constance Sanchez
President Chief Financial Officer
Date: Date:
ATTEST:
Rebecca Huerta
City Secretary
Date:
APPROVED AS TO FORM:
Assistant City Attorney
Page 3 of 3
CHAPTER 380 ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT BETWEEN
THE CITY OF CORPUS CHRISTI, TEXAS AND LIFTFUND INC.
(Second 380 Agreement)
This Chapter 380 Economic Development Incentive Agreement ("Agreement") is entered into
between the City of Corpus Christi, Texas, a home-rule municipality ("City") and LiftFund Inc.
("Nonprofit"), a Texas nonprofit corporation.
WHEREAS, the City has established a program in accordance with Article III, Section 52-a of
the Texas Constitution and Chapter 380 of the Texas Local Government Code ("Chapter 380")
under which the City has the authority to make loans of public funds for the purposes of
promoting local economic development and stimulating business and commercial activity
within the City;
WHEREAS, the novel coronavirus, known as COVID-19, has created a global pandemic and
led to shuttering of many local small businesses, which are in need of relief so that they may
continue to provide meaningful, wealth-producing jobs in the future;
WHEREAS, the Nonprofit has proposed to administer a loan program for the City, which will
serve as a business incubator to assist small businesses in their ongoing expenses and lead
to the creation of meaningful, wealth-producing jobs within the City (the "Project");
WHEREAS, the Corpus Christi City Council has adopted Ordinance No.
authorizing City to make certain economic development loans up to $2,500,000 through
Nonprofit in recognition of, conditioned upon and derived from the positive economic benefits
that will accrue to City through Nonprofit's administration of a loan program providing relief to
small businesses and requiring creation and/or retention of jobs;
WHEREAS, the City has concluded and hereby finds that this Agreement promotes economic
development in the City of Corpus Christi and, as such, meets the requirements under
Chapter 380 and the City's established economic development program, and, further, is in the
best interests of the City and Nonprofit;
WHEREAS, the City recognizes the positive economic impact that the Project will bring to the
City through development and diversification of the economy, reduction of unemployment and
underemployment through the production of retaining or creating jobs, the attraction of new
businesses, and the additional tax revenue generated by the Project for the City; and
WHEREAS, to ensure that the benefits the City provides under this Agreement are utilized in
a manner consistent with Article III, Section 52-a of the Texas Constitution, Chapter 380 of
the Texas Local Government Code and other law, the Nonprofit has agreed to comply with
certain conditions to the payment of those benefits; and
Second 380 Agree w-Lift Fund$2.5 Million 4-21-2020 CC Agenda 1
WHEREAS, City acknowledges that Nonprofit will charge borrower a 5% loan origination fee,
paid by borrower over the life of the loan, which will be kept by Nonprofit.
NOW, THEREFORE, in consideration of the mutual benefits described in this Agreement, and
for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, City and Nonprofit agree as follows:
1 . The recitals to this Agreement are hereby incorporated for all purposes.
2. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date
that either party executes this Agreement, or the date this Agreement has been finally
approved by the Corpus Christi City Council. Nonprofit understands that this Agreement is
dependent upon the approval of the Corpus Christ City Council.
3. Term. The term of this Agreement is for three years beginning on the Effective Date.
4. Performance Requirements.
a. Nonprofit agrees to use the $2,125,000 described below as a loan fund to provide
loans to small businesses in Corpus Christi, in accordance with the Nonprofit's
proposal, which is attached hereto as Exhibit A and incorporated by reference as if
laid out herein in its entirety.
b. Nonprofit agrees to provide the City with a sworn certificate by an authorized
representative of the Nonprofit, certifying the amount used.
c. For every $25,000 in loans that Nonprofit provides to a small business in Corpus
Christi, Nonprofit shall ensure that the funds will result in the creation or retention of
one full-time permanent job in the city of Corpus Christi.
d. Upon repayment of any loans funded through this Agreement, Nonprofit will deposit
the repaid funds into a separate account for the use of the City of Corpus Christi small
business loans that is managed in the same general manner as the existing Dream
Makers Fund. Funds deposited into the aforementioned account may only be used to
provide loans to small businesses within the City. The requirements related to the
aforementioned account will survive the expiration or earlier termination of this
Agreement. Both parties agree that a subsequent or separate agreement will be
executed by the City and Nonprofit to govern the custody, use, and disbursement of
funds in the Dream Makers Fund. In the absence of such subsequent or separate
agreement, funds in the Dream Makers Fund will be returned to the City upon deposit
therein.
e. If at the end of the Term of this Agreement, any funds provided to Nonprofit under
this Agreement have not been used to provide loans to small businesses within the
City, Nonprofit shall, within 30 days after the end of this Term, return those remaining
funds, including any fees associated with those funds, to the City.
f. The City may audit Nonprofit's records to determine their compliance with the terms
of this Agreement. Nonprofit, during normal business hours shall allow City reasonable
access to its records and books and all other relevant records related to each of the
Second 380 Agree w-Lift Fund$2.5 Million 4-21-2020 CC Agenda 2
economic development considerations and incentives and performance requirements,
as stated in this Agreement.
5. City's Responsibility. The City will grant Nonprofit a one-time payment in the amount of
$2,500,000, to be paid to Nonprofit as soon as possible following receipt of a correct invoice
from Nonprofit requesting the funds. Administrative fees totaling 17.65% of the loans made
by Nonprofit in conformance with this contract shall be paid within 30 days after City receipt
of a correct invoice. The amount payable for the administrative fee shall, in no event, exceed
the lower of 17.65% of the loans made or $375,000.
6. Warranties. Nonprofit warrants and represents to City the following:
a. Nonprofit is a non-profit corporation duly organized, validly existing, and in good
standing under the laws of the State of Texas and has all power and authority to carry
on its business as presently conducted in Corpus Christi, Texas.
b. Nonprofit has the authority to enter into and perform, and will perform, the terms of
this Agreement to the best of its ability.
c. Nonprofit has timely filed and will timely file all local, State, and Federal tax reports
and returns required by laws to be filed and all taxes, assessments, fees, and other
governmental charges, including applicable ad valorem taxes, have been timely paid,
and will be timely paid, during the term of this Agreement.
d. Nonprofit acknowledges that the funds transferred under this Agreement must be
utilized solely for purposes authorized under State law and by the terms of this
Agreement.
e. The person executing this Agreement on behalf of Nonprofit is duly authorized to
execute this Agreement on behalf of Nonprofit.
f. Nonprofit does not and agrees that it will not knowingly employ an undocumented
worker. If, after receiving payments under this Agreement, Nonprofit is convicted of a
violation under 8 U.S.C. Section 1324a(f), Nonprofit shall repay any unspent payments
received under this Agreement to the City, with interest at the Wall Street Journal Prime
Rate, not later than the 120th day after the date Nonprofit has been notified of the
violation. The Company shall further repay to the City its outstanding customer loan
fund receipts dispersed under this Agreement (less any loan losses), not later than 60
days after receipt.
7. Compliance with Laws. During the Term of this Agreement, Nonprofit shall observe and
obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and
city governments.
Second 380 Agree w-Lift Fund$2.5 Million 4-21-2020 CC Agenda 3
8. Non-Discrimination. Nonprofit covenants and agrees that Nonprofit will not discriminate
nor permit discrimination against any person or group of persons, with regard to employment
and the provision of services at, on, or in the Project, on the grounds of race, religion, national
origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United
States or the State of Texas.
9. Force Majeure. If the City or Nonprofit are prevented, wholly or in part, from fulfilling its
obligations under this Agreement by reason of any act of God, unavoidable accident, acts of
enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or
by reason of circumstances beyond its control, then the obligations of the City or Nonprofit
are temporarily suspended during continuation of the force majeure. If either party's obligation
is affected by any of the causes of force majeure, the party affected shall promptly notify the
other party in writing, giving full particulars of the force majeure as soon as possible after the
occurrence of the cause or causes relied upon.
10. Assignment. Nonprofit may not assign all or any part of its rights, privileges, or duties
under this Agreement without the prior written approval of the City. Such approval will not be
unreasonably denied. Any attempted assignment without approval is void and constitutes a
breach of this Agreement.
11. Indemnity. Nonprofit covenants to fully indemnify, save, and hold
harmless the City, and its officers, employees, and agents ("Indemnitees")
against all liability, damage, loss, claims demands, and actions of any kind
on account of personal injuries (including, without limiting the foregoing,
workers' compensation and death claims), or property loss or damage of
any kind, which arise out of, or are claimed to arise out of Nonprofit's
activities conducted under or incidental to this Agreement. Nonprofit
must, at its own expense, investigate all those claims and demands, attend
to their settlement or other disposition, defend all actions based on those
claims and demands with counsel satisfactory to Indemnitees, which
choice of counsel shall not be unreasonably denied, and pay all charges
of attorneys and all other costs and expenses of any kind arising from the
liability, damage, loss, claims, demands, or actions. The requirements of
this provision will survive the expiration or earlier termination of the
Agreement.
12. Events of Default by Nonprofit. The following events constitute a default of this Agreement
by Nonprofit:
a. The City determines that any representation or warranty on behalf of Nonprofit
contained in this Agreement or in any financial statement, certificate, report, or opinion
submitted to the City in connection with this Agreement was incorrect or misleading in
any material respect when made.
Second 380 Agree w-Lift Fund$2.5 Million 4-21-2020 CC Agenda 4
b. Any judgment is assessed against Nonprofit or any attachment or other levy against
the property of Nonprofit with respect to a claim under this agreement remains unpaid,
undischarged, or not dismissed for a period of 120 days.
c. Nonprofit makes an assignment of funds received under this agreement for the
benefit of creditors.
d. Nonprofit files a petition in bankruptcy or is adjudicated insolvent or bankrupt.
e. If taxes owed by Nonprofit become delinquent, and Nonprofit fails to timely and
properly follow the legal procedures for protest or contest.
f. Nonprofit changes the general character of business as conducted as of the date this
Agreement is approved by the City.
g. Nonprofit fails to comply with one or more terms of this Agreement.
13. Notice of Default. Should the City determine that Nonprofit is in default according to the
terms of this Agreement, the City shall notify Nonprofit in writing of the event of default and
provide 60 days from the date of the notice ("Cure Period") for Nonprofit to cure the event of
default.
14. Results of Uncured Default by Nonprofit. After exhausting good faith attempts to address
any default during the Cure Period and taking into account any extenuating circumstances
that might have occurred through no fault of Nonprofit, as determined by the City Manager,
the following actions may be taken for any default that remains uncured after the Cure Period.
a. Nonprofit shall immediately repay all unexpended funds paid by City to it under this
Agreement. The Company shall further repay to the City its outstanding customer loan
fund receipts dispersed under this Agreement (less any loan losses), not later than 60
days after receipt.
b. Nonprofit shall pay City's reasonable attorney fees and costs of court to collect
amounts due to City if not immediately repaid upon demand from the City.
c. Upon payment by Nonprofit of all sums due, the City and Nonprofit shall have no
further obligations to one another under this Agreement.
15. No Waiver.
Second 380 Agree w-Lift Fund$2.5 Million 4-21-2020 CC Agenda 5
a. No waiver of any covenant or condition, or the breach of any covenant or condition
of this Agreement, constitutes a waiver of any subsequent breach of the covenant or
condition of the Agreement.
b. No waiver of any covenant or condition, or the breach of any covenant or condition
of this Agreement, justifies or authorizes the nonobservance on any other occasion of
the covenant or condition or any other covenant or condition of this Agreement.
c. Any waiver or indulgence of Nonprofit's default may not be considered an estoppel
against the City.
d. It is expressly understood that if at any time Nonprofit is in default in any of its
conditions or covenants of this Agreement, the failure on the part of the City to promptly
avail itself of the rights and remedies that the City may have, will not be considered a
waiver on the part of the City, but City may at any time avail itself of the rights or
remedies or elect to terminate this Agreement on account of the default.
16. Nonprofit specifically agrees that City shall only be liable to Nonprofit for the actual amount
of the money to be conveyed to Nonprofit, and shall not be liable to Nonprofit for any actual
or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any
act of default by City under the terms of this Agreement. Payment by City is strictly limited to
those funds so allocated, budgeted, and collected solely during the term of this Agreement.
17. The parties mutually agree and understand that funding under this Agreement is subject
to annual appropriations by the City Council; that each fiscal year's funding must be included
in the budget for that year; and the funding is not effective until approved by the City Council.
18. Notices.
a. Any required written notices shall be sent mailed, certified mail, postage prepaid,
addressed as follows:
Nonprofit:
LiftFund Inc.
Attn.: Janie Barrera
2007 West Martin Street
San Antonio, Texas 78207
Corpus Christi, TX 78413
City:
City of Corpus Christi
Attn.: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Second 380 Agree w-Lift Fund$2.5 Million 4-21-2020 CC Agenda 6
b. A copy of all notices and correspondence must be sent the City at the following
address:
City of Corpus Christi
Attn.: City Attorney
P.O. Box 9277
Corpus Christi, Texas 78469-9277
c. Notice is effective upon deposit in the United States mail in the manner provided
above.
19. Amendments or Modifications. No amendments or modifications to this Agreement may
be made, nor any provision waived, unless in writing signed by a person duly authorized to
sign Agreements on behalf of each party.
20. Relationship of Parties. In performing this Agreement, both the City and Nonprofit will act
in an individual capacity, and not as agents, representatives, employees, employers, partners,
joint-venturers, or associates of one another. The employees or agents of either party may
not be, nor be construed to be, the employees or agents of the other party for any purpose.
21 . Captions. The captions in this Agreement are for convenience only and are not a part of
this Agreement. The captions do not in any way limit or amplify the terms and provisions of
this Agreement.
22. Severability.
a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or
word of this Agreement or the application of this Agreement to any person or
circumstance is, to any extent, held illegal, invalid, or unenforceable under present or
future law or by a final judgment of a court of competent jurisdiction, then the remainder
of this Agreement, or the application of the term or provision to persons or
circumstances other than those as to which it is held illegal, invalid, or unenforceable,
will not be affected by the law or judgment, for it is the definite intent of the parties to
this Agreement that every section, paragraph, subdivision, clause, provision, phrase,
or word of this Agreement be given full force and effect for its purpose.
b. To the extent that any clause or provision is held illegal, invalid, or unenforceable
under present or future law effective during the term of this Agreement, then the
remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid,
or unenforceable clause or provision, a clause or provision, as similar in terms to the
illegal, invalid, or unenforceable clause or provision as may be possible and be legal,
valid, and enforceable, will be added to this Agreement automatically.
Second 380 Agree w-Lift Fund$2.5 Million 4-21-2020 CC Agenda 7
23. Venue and Law. Venue for any legal action related to this Agreement is in Nueces
County, Texas. This Agreement is subject to all legal requirements in City Charter and Code
of Ordinances of City of Corpus Christi, Texas and all other applicable County, State and
Federal laws, and Nonprofit agrees that it will promptly comply with all such applicable laws,
regulations, orders and rules of the State, City and other applicable governmental agencies.
This Agreement shall be governed by and construed in accordance with the laws and court
decisions of the State of Texas without regard, however, to the conflicts of laws provisions of
Texas law.
24. Sole Agreement. This Agreement constitutes the sole Agreement between City and
Nonprofit. Any prior Agreements, promises, negotiations, or representations, verbal or
otherwise, not expressly stated in this Agreement, are of no force and effect.
25. Survival of terms of Agreement and obligations of parties. The terms of this Agreement
and the obligation of the parties relating to Section 14 shall survive the termination of this
Agreement.
26. Public Information Act Requirements. The requirements of Subchapter J, Chapter 552,
Government Code, may apply to this contract and the Nonprofit agrees that the contract can
be terminated if the Nonprofit knowingly or intentionally fails to comply with a requirement of
that subchapter.
27. Certificate of Interested Parties. Nonprofit agrees to comply with Texas Government Code
Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of
Interested Parties" as part of this Agreement if required by said statute.
City of Corpus Christi APPROVED AS TO LEGAL FORM:
By:
Peter Zanoni
City Manager Assistant City Attorney Date
Date:
Attest:
By:
Rebecca Huerta
City Secretary
LiftFund Inc.
By:
Janie Barrera
President and Chief Executive Officer
Second 380 Agree w-Lift Fund$2.5 Million 4-21-2020 CC Agenda 8
Date:
THE STATE OF TEXAS §
COUNTY OF BEXAR §
This instrument was acknowledged before me on 2020, by Janie
Barrera, President and Chief Executive Officer for LiftFund, Inc., a Texas non-profit
corporation, on behalf of the corporation.
Notary Public, State of Texas
Second 380 Agree w-Lift Fund$2.5 Million 4-21-2020 CC Agenda 9
Exhibit A
CITY OF CORPUS CHRISTI
COVID-19 SMALL BUSINESS RECOVERY PROGRAM
Small Business Recovery Program:
The City of Corpus Christi is proposing a Small Business Recovery Program for small businesses located
in Corpus Christi that are impacted by the COVID-19 pandemic. Through a redirection of$2,000,000
in the Corpus Christi Business and Job Development Fund for economic development, resources are
made available for this program. The City will contract with LiftFund Inc. to administer the program
through the Dream Makers Fund. LiftFund Inc. is a San Antonio-based microlender that offers small
loans to business owners.
Businesses eligible to apply for this Small Business Recovery Program will be those within the Corpus
Christi city limits with annual gross revenues of not more than $1,500,000 from all business activities
at all business locations are eligible to apply. Priority will be given to those businesses most affected by
Executive Order No. GA-14 signed by Governor Greg Abbott on March 31, 2020. As loans are paid
back, LiftFund Inc. will deposit the repaid funds into the existing Dream Makers Fund, created in
accordance with LiftFund Inc.'s agreement with the Corpus Christi B Corporation. The fund will absorb
any loan defaults —the losses being subtracted from the $2,125,000 loan fund reducing the amount of
funds available for future lending. Funds deposited into the Dream Makers Fund may only be used to
provide loans to small businesses within Corpus Christi.
How It Works:
• Business owners must apply online at www.liftfund.com to begin the application process and are
subject to credit review and financial assessment
• Loans will range in value up to$25,000 at 0%interest and will be approved based on factors such
as: need, location,planning, eligibility, and availability of funds
• Funds for loans may be used for working capital,covering expenses of debt,and workforce needs
• Once an application is approved, businesses will be asked to submit additional receipts and/or
invoices for the items they are utilizing the funds
Loan Terms:
• Initial 120-day deferral of principal and interest upon closing the loan
• 5% loan origination fee
• Terms are based on size of loan:
0 24 months for loans up to $15,000
0 36 months for loans over$15,000 up to $25,000
• It is intended for funding to take place within 10 days of receipt of required documentation and
subsequent approval
Eligibility:
• Annual gross revenues of not more than $1,500,000 from all business activities at all business
locations in Corpus Christi for the last year from February 28, 2019 to March 1, 2020
• Priority will be given to those businesses most affected by Executive Order No. GA-14 signed
by Governor Greg Abbott on March 31, 2020.
• Must be in good standing with creditors for at least six months prior to March 1,2020 (COVID-
19 outbreak)
Second 380 Agree w-Lift Fund$2.5 Million 4-21-2020 CC Agenda 10
• Loans are limited to businesses that are located in Corpus Christi and will reopen in same location
• Demonstrates a loss of at least 15%of revenue in the period beginning March 1,2020 to the time
of application
• Business information must be verified through one or more of the following:
o Plaid access via LiftFund application,
o Paper documentation via bank,
o Business will demonstrate/show plan of action including assessment of financials to
stabilize with funds as part of the assessment. The assessment and planning will be
done as consultations with the applicants. Team members will assist and review with
the applicants.
• This includes a plan of action and budget from the business demonstrating
need and ability to proceed with funding.
Required Documents:
• Last 90 days of bank or statements connected to business demonstrating expenses and
revenue; business formation verification, plan of action document, any pending tax
documentation items
• Application completed via liftfund.com website
• Documentation of expenses the loan will be used towards
Service Fees:
17.65% of the loans made by Nonprofit in an amount not to exceed $300,000
Summary of Loan Program: This does not modify contract
Amount
Loan Fund $2,125,000
Service Fees—no more than 17.65% of $375,000
loans made by Nonprofit
Subtotal (maximum amount paid by City) $2,500,000
Loan Origination Fee paid by Borrower $106,250
[not City] (5% of each loan)
TOTAL LOAN FUND PROGRAM—
not the amount payable by the City $2,606,250
Second 380 Agree w-Lift Fund$2.5 Million 4-21-2020 CC Agenda 11
I �
CITY OF CORPUS CHRISTI
COVID-19 SMALL BUSINESS RECOVERY PROGRAM
Small Business Recovery Program:
The City of Corpus Christi is proposing a Small Business Recovery Program for small businesses
located in Corpus Christi that are impacted by the COVID-19 pandemic. Through a redirection
of $2,500,000 in the Corpus Christi Business and Job Development Fund for economic
development, resources are made available for this program. The City will contract with LiftFund
Inc. to administer the program through the newly established Dream Makers Fund. LiftFund Inc.
is a San Antonio-based microlender that offers small loans to business owners.
Businesses eligible to apply for this Small Business Recovery Program will be those within the
Corpus Christi city limits with annual gross revenues of not more than $1,500,000 from all
business activities at all business locations are eligible to apply. Priority will be given to those
businesses most affected by Executive Order No. GA-14 signed by Governor Greg Abbott on
March 31, 2020. As loans are paid back, LiftFund Inc. will deposit the repaid funds into the
existing Dream Makers Fund, created in accordance with LiftFund's agreement with the Corpus
Christi B Corporation. The fund will absorb any loan defaults —the losses being subtracted from
this additional grant of $2,125,000, into the newly created loan fund, reducing the amount of
funds available for future lending. Funds deposited into the Dream Makers Fund may only be
used to provide loans to small businesses within Corpus Christi.
How It Works:
• Business owners must apply online at www.liftfund.com to begin the application process
and are subject to credit review and financial assessment
• Loans will range in value up to $25,000 at 0% interest and will be approved based on
factors such as: need, location,planning,eligibility, and availability of funds
• Funds for loans may be used for working capital, covering expenses of debt, and
workforce needs
• Once an application is approved, businesses will be asked to submit additional receipts
and/or invoices for the items they are utilizing the funds
Loan Terms:
• Initial 120-day deferral of principal and interest upon closing the loan
• 5% loan origination fee
• Terms are based on size of loan:
0 24 months for loans up to $15,000
0 36 months for loans over$15,000 up to $25,000
• It is intended for funding to take place within 10 days of receipt of required
documentation and subsequent approval
Page 1
Eligibility:
• Annual gross revenues of not more than $1,500,000 from all business activities at all
business locations in Corpus Christi for the last year from February 28, 2019 to March 1,
2020
• Priority will be given to those businesses most affected by Executive Order No. GA-14
signed by Governor Greg Abbott on March 31, 2020.
• Must be in good standing with creditors for at least six months prior to March 1, 2020
(COVID-19 outbreak)
• Loans are limited to businesses that are located in Corpus Christi and will reopen in same
location
• Demonstrates a loss of at least 15% of revenue in the period beginning March 1, 2020 to
the time of application
• Business information must be verified through one or more of the following:
o Plaid access via LiftFund application,
o Paper documentation via bank,
o Business will demonstrate/show plan of action including assessment of
financials to stabilize with funds as part of the assessment. The assessment and
planning will be done as consultations with the applicants. Team members will
assist and review with the applicants.
• This includes a plan of action and budget from the business
demonstrating need and ability to proceed with funding.
Required Documents:
• Last 90 days of bank or statements connected to business demonstrating expenses and
revenue; business formation verification, plan of action document, any pending tax
documentation items
• Application completed via liftfund.com website
• Documentation of expenses the loan will be used towards
Service Fees:
17.65%of the loans made by nonprofit in an amount not to exceed $375,000
Summary of Loan Program:
Amount
Loan Fund $2,125,000
Service Fees—no more than 17.65% of $ 375,000
Subtotal (maximum amount paid by City) $2,500,000
Loan Origination Fee paid by Borrower $ 106,259
TOTAL LOAN FUND PROGRAM- $2,606,250
(Paid by City and Borrower
Page 2
se
0
0
H
V
CORPORI AGENDA MEMORANDUM
1852 Action Item for City Council Meeting April 21, 2020
DATE: 4/17/2020
TO: Peter Zanoni, City Manager
FROM: Rudy Bentancourt, Director of Housing and Community Development
RudyB(a)cctexas.com
361-826-3021
Substantial Amendment to the FY2019-2020 Consolidated Annual Action Plan
CAPTION:
Ordinance amending the City's Consolidated Annual Action Plan (CARP) of entitlement funding from
HUD for FY 2019-2020; accepting and appropriating $803,100.00 from the United States Department
of Housing and Urban Development (HUD) for Emergency Solutions Grant (ESG-CV) and
$1 ,622,820.00 for Community Development Block Grant (CDBG-CV) funding in FY 2019-2020;
authorizing the execution of all documents necessary to accept, appropriate, and disburse the funds;
to execute all agreements, amendments and all other documents necessary to implement the additional
ESG-CV and CDBG-CV funding from HUD with organizations for approved projects; and declaring an
emergency.
SUMMARY:
In accordance with HUD and the City of Corpus Christi's (City) 5-year Consolidated Annual Action Plan
(CAAP), "Substantial Amendments" are required to amend each CAAP which will trigger a comment period
once motion is approved (24 CFR 91.105). A "Substantial Change" is required due to receiving additional
funding from the U.S. Department of Housing and Urban Development.
This is an amendment to the FY2019-2020 Consolidated Annual Action Plan which was adopted by City Council
by ordinance on July 23, 2019. The amendment will include the City of Corpus Christi's Housing and Community
Development Department to receive and administer $1,622,820 in Community Development Block Grant
(CDBG) and $803,100 in Emergency Solutions Grant (ESG) funding from the U.S. Department of Housing and
Urban Development (HUD) made available through the Coronavirus Aid, Relief, and Economic Security Act
(CARES Act). HUD has allowed for a 5-day public comment period. The comment period will begin on Monday,
April 20 and end on Friday, April 24
BACKGROUND AND FINDINGS:
On March 27, 2020, President Donald Trump signed into law the Coronavirus Aid, Relief and Economic
Security Act (CARES Act). The U.S. Department of Housing and Urban Development (HUD) has allocated
funding to the City of Corpus Christi's Community Development Block Grant and the Emergency Solutions
Grant Program. For the Mortgage and Utility Assistance, $1 M is identified in the CDBG program to assist
families who have been financially impacted. Rental and Utility Assistance of$600K is identified in the ESG
program to assist those eligible under ESG. The difference being CDBG allows for mortgage assistance,
whereas ESG funding does not allow for mortgage assistance but for rental assistance.
In addition to the $1.6M allocated for Mortgage/Rental and Utility Assistance, $300,000 for a Quarantine Motel
Voucher Program, $122,820 in Public Health District Supplies, $200,000 for Senior Care Meals, and $203,100
for Homelessness Equipment and Supplies. The funding has been determined to be needs and gaps in the
community during the COVID-19 pandemic.
ALTERNATIVES:
Changing funding for programs.
FISCAL IMPACT:
The City will receive and allocate an additional $2,425,920 in federal grant funds.
Funding Detail:
Fund: 1059
Organization/Activity: N/A
Mission Element: 132
Project # (CIP Only):
Account: 530000
RECOMMENDATION:
Staff recommends the approval of the project recommendations for CDBG and ESG.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
CDBG Projects Attachment
ESG Projects Attachment
Ordinance amending the City's Consolidated Annual Action Plan (CAAP) of
entitlement funding from HUD for FY 2019-2020; accepting and appropriating
$803,100.00 from the United States Department of Housing and Urban Development
(HUD) for Emergency Solutions Grant (ESG-CV) and $1,622,820.00 for Community
Development Block Grant (CDBG-CV) funding in FY 2019-2020; authorizing the
execution of all documents necessary to accept, appropriate, and disburse the
funds; to execute all agreements, amendments and all other documents necessary
to implement the additional ESG-CV and CDBG-CV funding from HUD with
organizations for approved projects; and declaring an emergency.
WHEREAS, pursuant to the Coronavirus Aid, Relief and Economic Security Act (Public
Law 116-136) signed into law by President Trump on March 27, 2020 ("CARES" Act) the
United States Department of Housing and Urban Development ("HUD") has allocated
additional Emergency Solutions Grant Funds ("ESG") to the City to respond to the
Coronavirus pandemic, specifically to support additional homeless assistance programs
in the City; and
WHEREAS, HUD has allocated $803,100.00 in additional ESG Funds to the City of
Corpus Christi to address homeless assistance and prevention programs arising from the
Coronavirus pandemic; and
WHEREAS, pursuant to the Coronavirus Aid, Relief and Economic Security Act (Public
Law 116-136) signed into law by President Trump on March 27, 2020 ("CARES" Act) the
United States Department of Housing and Urban Development ("HUD") has allocated
additional Community Development Block Grant funds ("CDBG") funds to the City to
respond to the Coronavirus epidemic in the amount of $1 ,622,820.00; and
WHEREAS, HUD has amended many of the public notice, public hearing and public
comment periods required with typical HUD-ESG and HUD-CDBG funding programs and
the City's Housing and Community Development Department will be following HUD's
guidance and updates as these changes are disseminated during the Coronavirus
Pandemic and months following the reopening of the economy; and
WHEREAS, the City's FY 2019-2020 Consolidated Annual Action Plan (CAAP) was
approved by City Council on July 23, 2019 by Ordinance No. 031814 and needs to be
amended to include the additional HUD funding for ESC-CV and CDBG-CV
WHEREAS, the City Council has determined that this Ordinance accepting and
appropriating additional funding from HUD for ESG-CV and CDBG-CV during the current
2019-2020 Fiscal Year would best serve the public health, safety, necessity, convenience
and general welfare of the City of Corpus Christi and its citizens.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Emergency Ordinance—Additional HUD ESG-CV and CDBG-CV Funding
Section 1. That $803,100.00 in additional HUD ESG-CV funding for FY 2019-2020 is
hereby accepted to support homeless assistance and prevention programs in the City
and the funds are hereby appropriated in Fund No. 1059.
Section 2. That $1 ,622,820.00 in additional HUD CDBG-CV funding for FY 2019-2020
is hereby accepted to support CDBG purposes and programs in the and the funds are
hereby appropriated in Fund No. 1059.
Section 3. That the City's FY 2019-2020 CAPP Program is amended to incorporate the
additional HUD funding for ESG-CV and CDBG-CV as referenced herein.
Section 4. That the City Manager or the City Manager's designee is authorized:
• to execute all documents necessary to accept and appropriate the
additional ESG-CV and CDBG-CV funding from HUD upon receipt the
grants from HUD into the Grant Fund No. 1059 for the approved
FY2019-2020 CAAP, and
• to execute funding agreements, amendments and all other documents
necessary to implement the additional Coronavirus Funding for ESG-CV
and CDBG-CV for FY2019-2020 CAAP with organizations for approved
projects.
Section 5. 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 21 st day of April, 2020.
This ordinance takes effect upon City Council approval on this the day of April 2020.
ATTEST:
Rebecca Huerta Joe McComb
City Secretary Mayor
PASSED and APPROVED on this day of , 2020.
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: I/we, therefore, request that you
Emergency Ordinance—Additional HUD ESG-CV and CDBG-CV Funding
suspend said Charter rule and pass this ordinance finally on the date it is introduced or
at the present meeting of the City Council.
Respectfully, Respectfully,
Joe McComb
Mayor
Council Members
The above ordinance was passed by the following vote:
Joe McComb
Roland Barrera
Rudy Garza
Paulette M. Guajardo
Gil Hernandez
Michael Hunter
Ben Molina
Everette Roy
Greg Smith
Emergency Ordinance—Additional HUD ESG-CV and CDBG-CV Funding
CITY OF CORPUS CHRISTI
CARES ACT RELATED TO COVID-19
CDBG PROGRAM
CDBG COVID-19 Allocation $1,622,820
# PROJECT&DESCRIPTION ML Staff Recommendation
HCD-CDBG COVID-19 Program Administration
Staff will be responsible for administering the Community Development Block Grant(CDBG). Staff
interprets CDBG program requirements and federal regulations,conducts public
hearings/meetings,reviews proposed projects and activities to determine funding and eligibility,
1 monitors subrecipients for program compliance,provides technical assistance,conducts $0
environmental assessments of funding projects/activities,and enforces Davis Bacon Federal wage
rate requirements if applicable. Staff will not be requesting administrative reimbursement and will
be funded through the CDBG entitlement grant already received.
Corpus Christi Hope House
2 The funding requested will assist households affected by COVID-19 and provide assistance under $500,000
Homeless Prevention in the areas of Mortgage Assistance as well as Utility Assistance. Funding
will ensure households are to remain housed during this time.
The Salvation Army
3 The funding requested will assist households affected by COVID-19 and provide assistance under $500,000
Homeless Prevention in the areas of Mortgage Assistance as well as Utility Assistance. Funding
will ensure households are to remain housed during this time.
Quarantine Motel Voucher Program
Provide a quarantine location for citizens who have tested positive for COVID-19 and are not able
4 to quarantine in their residence. The Salvation Army will administer this program whereas a $300,000
voucher will be provided to the client and will be remotely monitored during the quarantine period.
Client will be provided daily meals as well.
Public Health District-Supplies
The funding requested for CC Public Health District will allow the staff to serve the community
safely in the COVID19 crisis. Currently supplies are ordered through a national system that is
limiting quantity,having the additional resources to purchase supplies would allow Public Health
staff to mitigate these shortages,and have supplies on hand when service levels rise rapidly.
These supplies would include suchas but not limited to items as Personal Protective Equipment
5 (PPE),Testing supplies,Face Shields,Goggles,Hand Sanitizer,Clorox Disinfecting Wipes, (Multi $122,820
size)Tyvek Suits,N95 Masks,Booties,Gloves,Disposable Gowns&Lab Coats.These supplies
can and will be used around the entire Health Department in the Laboratory,Testing area,Health
Department's Operation Center,Phone Bank and other areas around the Health Department
where staff continue to work in order to provide assistance to the citizens of the community.
Parks and Recreation-Senior Care Meals
The Elderly Nutrition Program is the major funding source for the senior meal programs. Because
of the recent Declaration of Disaster,due to COVID-19,the demand for meals to serve one of the
most vulnerable populations,seniors,has increased dramatically. Prior to the disaster,the meal
program was serving Congregate Meals at eight senior centers,throughout the City of Corpus
Christi,in addition to providing Home Delivered Meals to the homebound seniors and the disabled
community that qualified for the programs. Since COVID-19,and social distancing,we changed
the process for providing Congregate Meals from a social,sit-down meal,to a drive-thru meal.
Because those meals no longer meet the requirement for Congregate,they have been moved to
6 the Home Delivered Meals criteria. Prior to COVID-19,the daily meal counts for Congregate $200,000
Meals were approximately 250 and Home Delivered Meals were 280. As of Monday,April 13th the
daily meal counts are 842 for what was Congregate and 634 for HDM. The meal counts continue
to rise. Moving forward the current funding for the grant program will be exhausted. It has yet to
be determined if the level of meals will continue well past the disaster. We have had a favorable
response to the meals currently being served to the HDM community and the outlook is favorable
for those meals counts to continue.
Total City Projects $1,622,820
Overall Total $1,622,820
1
COVI D-19
EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM
ESG Allocation $803,100
# PROJECT&DESCRIPTION Staff
Recommendation
HCD - ESG COVID-19 Administrative Cost
HCD staff will be responsible for the management and administration
1 of the Emergency Solutions Grant (ESG) COVID-19. These $0
functions include the financial oversight, compliance, and technical
assistance components of the program.Staff will not be requesting
administrative reimbursement and will be funded through the ESG
entitlement grant already received.
Corpus Christi Hope House
The funding requested will assist households affected by COVID-19
and provide assistance under Homeless Prevention in the areas of
2 Rental Assistance as well as Utility Assistance. Funding will ensure $300,000
households are to remain housed during this time. Rapid Re-
housing assistance will also be provided along with Food Pantry
Assistance to ensure the community had additional food resources.
The Salvation Army
The funding requested will assist households affected by COVID-19
and provide assistance under Homeless Prevention in the areas of
3 Rental Assistance as well as Utility Assistance. Funding will ensure $300,000
households are to remain housed during this time. Rapid Re-
housing assistance will also be provided along with Food Pantry
Assistance to ensure the community had additional food resources.
Homeless and Housing Division-Equipment/Shelter/Supplies
The funding will be utilized to assist Corpus Christi Homeless
shelters with Personal Protective Equipment to include, but not
limited to power washing, sanitizing processes, cleaning/water
4 stations, stations, masks, bathrooms, and eye protection. Additional $203,100
supplies materials for outreach kits, education materials, and
sanitation kits. Also, funding will assist with securing a temporary
emergency shelter for overflow shelter and street homeless, if
deemed critical.
Overall Total $803,100
1
so
�o
o� A
P
v AGENDA MEMORANDUM
µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 04/14/20
1852 Second Reading Ordinance for the City Council Meeting 04/21/20
DATE: February 26, 2020
TO: Peter Zanoni, City Manager
FROM: Al Raymond, AIA, Director
Development Services Department
AlRaymond@cctexas.com
(361) 826-3575
Rezoning a property at or near 7797 Yorktown Boulevard
CAPTION:
Zoning Case No. 0220-03, MPM Development, LP. (District 5). Ordinance rezoning property at or
near 7797 Yorktown Boulevard from the "FR" Farm Rural District to the "RS-4.5" Single-Family
4.5 District.
SUMMARY:
The purpose of the zoning request is to allow for a single-family subdivision.
BACKGROUND AND FINDINGS:
The subject property is 89.23 acres in size. According to the applicant the purpose of the request
is to construct a single-family subdivision of approximately 330 homes.
Conformity to City Policy
The subject property is located within the boundaries of the Southside Area Development Plan
and is planned for medium density residential and Floodplain Conservation uses. The proposed
rezoning is consistent with the adopted Comprehensive Plan (Plan CC) and warrants an
amendment to the Future Land Use Map. The proposed rezoning is compatible with the adjoining
properties and does not have a negative impact. Adjacent to the north is a single-family home
subdivision (Starlight Estates) zoned "RS-4.5" Single-Family 4.5 District. The property does
contain wetlands identified as "PUBHx" "Freshwater Pond") according to the United States Fish
and Wildlife Service National Wetlands Mapper. At the platting phase, the developer will need a
letter of determination from the Army Corps of Engineers to determine the impact of the wetlands.
A future extension of Oso Parkway will traverse the property along the southern property
boundary. Located to the east, across a 123-foot drainage way is the Starry range. The targets of
the range do not face residential properties. However, the noise of the range could be a nuisance
factor.
Public Input Process
Number of Notices Mailed
38 within 200-foot notification area
5 outside notification area
As of February 14, 2020:
I n Favor In Opposition
0 inside notification area 0 inside notification area
0 outside notification area 0 outside notification area
Totaling 0.00% of the land within the 200-foot notification area in opposition.
Commission Recommendation
Planning Commission approval of the change of zoning from the "FR" Farm Rural District to the
"RS-4.5" Single-Family 4.5 District on February 19, 2020.
ALTERNATIVES:
1. Denial of the change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-
Family 4.5 District.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
RECOMMENDATION:
Staff recommends approval of the zoning request.
Planning Commission recommended approval of the change of zoning from the "FR" Farm Rural
District to the "RS-4.5" Single-Family 4.5 District with following vote count.
Vote Count:
For: 9
Opposed: 0
Absent: 0
Abstained: 0
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation - Aerial Map
Planning Commission Final Report
Zoning Case No. 0220-03, MPM Development, LP. (District 5).
Ordinance rezoning property at or near 7797 Yorktown Boulevard from the "FR"
Farm Rural District to the "RS-4.5" Single-Family 4.5 District.
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the Planning Commission during which all interested persons were allowed to
appear and be heard;
WHEREAS, the Planning Commission has forwarded to the City Council its final
report and recommendation regarding the application for an amendment to the City of
Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map;
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the City Council, during which all interested persons were allowed to appear
and be heard;
WHEREAS, the City Council has determined that this rezoning is not detrimental
to the public health, safety, or general welfare of the City of Corpus Christi and its citizens;
and
WHEREAS, the City Council finds that this rezoning will promote the best and most
orderly development of the properties affected thereby, and to be affected thereby, in the
City of Corpus Christi.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning
Map of the City of Corpus Christi, Texas is amended by changing the zoning on the
subject property described as being an 89.226 acre tract of land, more or less, consisting
of all of Lots 6 and 7 and a portion of Lot 8, a portion of Fractional Lot 9 and all of Fractional
Lots 10 and 11 , all in Section 24, Flour Bluff and Encinal Farm and Garden Tracts as
shown in Exhibit "A":
from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District.
The subject property is located at or near 7797 Yorktown Boulevard. Exhibit A, which is
the Metes and Bounds of the subject property with an associated map attached to and
incorporated in this ordinance.
SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective
July 1 , 2011 and as amended from time to time, except as changed by this ordinance,
both remain in full force and effect including the penalties for violations as made and
provided for in Article 10 of the UDC.
SECTION 3. To the extent this amendment to the UDC represents a deviation from the
City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC,
as it is amended by this ordinance.
SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of
the subject property that are in conflict with this ordinance are hereby expressly repealed.
SECTION 5. A violation of this ordinance, or requirements implemented under this
ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of
the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of
Ordinances.
SECTION 6. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. This ordinance shall become effective upon publication.
Page 2 of 6
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
That the foregoing ordinance was read for the second time and passed finally on this
the day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
PASSED AND APPROVED on this the day of , 2020.
ATTEST:
Rebecca Huerta Joe McComb
City Secretary Mayor
Page 3 of 6
Exhibit A
3Su3LRA'F BftaS, ]R..F£.,Krl-S. 3054 S. ATAmF.I7--�., zip 78404
Nmox M.RrF:CSB, PE.RPS;. P8. 161 882-5521--FAX 361 391-12-65
www.basS-wehh.ram a-mail=m¢rxagjr$Baol CGMU
t-mail: oizmwl ct:mail.ccm
BASS & WELSH ENGINEERING
P_{l_ Bo=639^,
Carpns Chciati, TX ^,8466-6397
January 283,2020
19032-MAIEB.doc
RS4.3 ZO- LVG
STATE OF TEXAS
COUNTY OF NLTErCE3
Descriptum of an 89.226 acre tract of land, more or less, co=tmg of all of Lots 6 and 7 and a
portion of Lot S: a portion of Fractional Lot 9 and all of Fractional Lots 10 and 11,all in Section 24,
Flovr Bluff and Em€mal Farm and Garden Tracts,a map of vYhich is recorded m Volume=.-',P ages
41 — 43, Map Records,Nueces County, Terns, said 89.236 acre tract of land being a portion of a
1?6.{r74 acre tract of land deeded to MFM Development,LF In,instrument recorded ai Document
No.20170-1.588..3, Oficial Rec=ds of said County and all of said Lot 6, Section 24, deeded to MPM
De%relopntent by instrument recorded at Doc_No_2019003967,said official records,said 89.226 acre
tract of land as further described by metes and bounds as follows:
BEGL%NP;G at the northernmost corner of said Lot 6, Section 2A,for the norther=sz corner of
the tract herein dewnbed;
THENCE S61'17'42'E 1837.38'along the northeast boundary line of said Sectiom 24 to a point in the
northwest boundary line of a 123 wide City drainage right-of-wzy described by deed recorded at
Document No. 201704399b, said af$cial records: for the easternmost ommer of the tract herein
desenbed;
THENCE S28'4150"44'27A4.29' akmg said northwest boundary litre of 123'City drainage right-of-
way to a point in the northeast margin of€}so Geek idr the southernmost corner of the tract herein
dearribed;
THENCE along said northeast margin of Oso Creel.as fallonK
2~63`42'12"44 555.29-,
N6T50.28"44 94_d9;
N63`50'36"44 94_#i;
N 01`42 57"44.303.31;
N 0"23'44"R'296.32';
00`0-C18"4499.73;
X03{11.:3"'4G 218.95;
�:8`02 01"46 91.17';
N;a=08°29"44-11-+J3;
N64 34'23"4425.97;
N 7-fad 321"44143.37';
NW46'08"44 2145.54 3nd N77`45'06• 4 41.18'to the westErnme t corner of said Fractional
Lot 11 and of the tract herein de3mbed;
EXHIBIT "A"
Page i of--
Page
Page 4 of 6
Metes and Bounds Description,89-226 Ac-, Comtinned,Jamuary 2S,2020-
THENCE N25'37'24'F-908.73'akmg the norLbLwe r bounduy line of said Fractional D.at 11 to a gout
for the common northernmost c=er of said Fracnar.al Loi 11 and westernmost corner of sada Lot 6
for an angle point in the nortkAe&t boundar4 line of the Tract herem described:
THENCE N28°32'38'E 132L23'along the northwest boundm7y line of said Lot 6 to the POINT OF
BEOINNLtiG,a sketch shoving said 89.2245 acre tract being attached hereto ar.F--10bit`°B"-
Room UtIZ111A"0
Of 9 *afem Pham �''
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PLANNING COMMISSION FINAL REPORT
Case No. 0220-03
INFOR No. 20ZN1004
Planning Commission Hearin Date: February 19, 2020
Owner: MPM Development, LP.
= Applicant: MPM Development, LP.
�a o Location Address: 7797 Yorktown Boulevard
u �._ Legal Description: Being 89.226 acre tract of land, more or less, consisting of
a u all of Lots 6 and 7 and a portion of Lot 8, a portion of Fractional Lot 9 and all of
Q°es Fractional Lots 10 and 11 , all in Section 24, Flour Bluff and Encinal Farm and
Garden Tracts, located along the east side of Peterson Drive, south of Yorktown
Boulevard, and west of Starry Road.
From: "FR" Farm Rural District
To: "RS-4.5" Single-Family 4.5 District
'Es Area: 89.23 acres
N Purpose of Request: To allow for the construction of a single-family
residential subdivision.
Existing Zoning District Existing Future
Land Use Land Use
Medium Density
Site "FR" Farm Rural Vacant Residential and Flood
= Plain Conservation
ca
a North "RS-4.5" Single-Family 4.5 Vacant
Medium Density
•E Residential
N Flood Plain
South "RS-6" Single-Family 6 Vacant Conservation and
Water
LU East "FR" Farm Rural Vacant Medium Density
Residential
"FR" Farm Rural and Vacant and Medium Density
West `°RS-4.5" Single-Family 4.5 Low Density Residential and Flood
Residential Plain Conservation
Area Development Plan: The subject property is located within the boundaries
06 u, of the Southside Area Development Plan and is planned for a medium density
o residential use and floodplain conservation. The proposed rezoning to the "RS-
2 4.5" Single-Family 4.5 District is consistent with the adopted Comprehensive
a IU
o Plan (Plan CC).
Q Map No.: 042029
Zoning Violations: None
Staff Report
Page 2
0
Transportation and Circulation: The subject property has approximately 130
o feet of street frontage along Ranch View Drive which is designated as a "Local /
Residential" Street. According to the Urban Transportation Plan, "Local /
= Residential" Streets can convey a capacity up to 500 Average Daily Trips (ADT).
ca
L
Street Urban Transportation Proposed Existing Traffic
Plan Type Section Section Volume
Ranch View50' ROW 60' ROW
U) 0� Drive Local/Residential 28' paved 40' paved N/A
Staff Summary:
Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural
District to the "RS-4.5" Single-Family 4.5 District to allow for the construction of a single-
family residential subdivision.
Development Plan: The subject property is 89.23 acres in size. According to the
applicant, the proposed development will consist of single-family residences that will be
completed in phases.
Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural
District, consists of vacant land, and has remained undeveloped since annexation in
1995. To the north is a single-family home subdivision (Starlight Estates) zoned "RS-4.5"
Single-Family 4.5 District. To the south is vacant unplatted land zoned "RS-6" Single-
Family 6 District and consists of Oso Creek. To the east and west is vacant unplatted land
zoned "FR" Farm Rural District.
AICUZ: The subject property is not located in one of the Navy's Air Installation
Compatibility Use Zones (AICUZ).
Plat Status: The property is not platted.
Utilities:
Water: 8-inch C900 line located along Ranch View Drive.
Wastewater: 12-inch PVC line located along Ranch View Drive.
Gas: Future Service.
Storm Water: 30-inch line located at Ranch View Drive and Superman Drive.
Plan CC &Area Development Plan Consistency: The subject property is located within
the boundaries of the Southside Area Development Plan and is planned for a medium
density residential use. The proposed rezoning to the "RS-4.5" Single-Family 4.5 District
is consistent with the adopted Comprehensive Plan (Plan CC) and warrants an
amendment to the Future Land Use Map. The following policies should be considered:
• Encourage orderly growth of new residential, commercial, and industrial areas
(Future Land Use, Zoning, and Urban Design Policy Statement 1).
Staff Report
Page 3
• Promote a balanced mix of land uses to accommodate continuous growth and
promote the proper location of land uses based on compatibility, locational needs,
and characteristics of each use (Future Land Use, Zoning, and Urban Design
Policy Statement 1).
• Encourage residential infill development on vacant lots within or adjacent to
existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy
Statement 3).
Department Comments:
• The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC),
compatible with the adjoining residential properties, and does not have a negative
impact upon the adjacent properties.
• Adjacent to the north is a single-family home subdivision (Starlight Estates) zoned
"RS-4.5" Single-Family 4.5 District.
• The property does contain wetlands identified as "PUBHx" "Freshwater Pond")
according to the United States Fish and Wildlife Service National Wetlands Mapper.
• At the platting phase, the developer will need a letter of determination from the Army
Corps of Engineers to determine the impact of the wetlands.
• A future extension of Oso Parkway will traverse the property along the southern
property boundary.
• Located to the east, across a 123-foot drainage way is the Starry range. The targets
of the range do not face residential properties. However, the noise of the range could
be a nuisance factor.
Planning Commission and Staff Recommendation (February 19, 2020):
Approval of the change of zoning from the "FR" Farm Rural District to the "RS-4.5" Single-
Family 4.5 District.
Number of Notices Mailed — 38 within 200-foot notification area
5 outside notification area
0
As of February 14, 2020:
In Favor — 0 inside notification area
o — 0 outside notification area
Z
In Opposition — 0 inside notification area
— 0 outside notification area
a
Totaling 0.00% of the land within the 200-foot notification area in opposition.
Attachments:
A. Location Map (Existing Zoning & Notice Area)
B. Public Comments Received (if any)
https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2020/0220-03 MPM Development(7797
Yorktown)/Council Documents/Report-MPM Development,LP.docx
Staff Report
Page 4
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CASE: 0220-03
ZONING & NOTICE AREA X44
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RM 1 Multitam ily I IL Light k d.5,.l 4
RM-2 Multifamily 2 IH Heary hdustrial
RM3 Multitam ily3 PUD Plan ned Unit Der.Overlay
RIN"Mr&—,i.yA0ffce RSIO Single-Family 10 p� ��Kb SUBJECd���rAe
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CN-2 Neighborhood Commercal RSTF T—Family �°4q
CR-1 Resort Commercial
RS-J5 Single-Family 15 aaq
CR-2 ResortCwnm.4 REI Estate _
CGI Ce neral Commerce) RSTH T—house •O'�' "�"` BaX
CG2 General Commerce) gp Special Perm it ----
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Map Scale:1:6,000
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LOCATION 119AP C ti
Zoning Case #0220-03
MPM Development, LP.
Rezoning for a Property at 7797 Yorktown Boulevard
From "FR" To "RS-4.5"
r a'
Fvrifty Map.
City Council
I April 14, 2020
Aerial Overview
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Planning Commission and
Staff Recommendation
Approval of the
"RS-4.5" Single-Family 4 .5 District
Public Notification
Lq.a.i
38 Notices mailed inside 200' buffer
5 Notices mailed outside 200' buffer
5 F
ash —
Notification Area
'16 22V
i •
1/36
g 113
Opposed: 0 (0.00%)
-UB:lECT /
PROPERTY
1
.5
In Favor: 0
RS-6
UDC Requirements
Buffer Yards:
N/A{ R
Setbacks:
� Street: 20 feet
Y Side/Rear: 5 feet
Parking:
2 per dwelling
Uses Allowed:
Single-Family Homes, Home
Rs.o
Occupations, Group Homes.
Utilities
wap rJ t r - Water:
8-inch C900
Wastewater:
8UBJE64 12-inch PVC
PROPERTY
8 Gas:
Future Service
Storm Water:
30-inch RCP
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v AGENDA MEMORANDUM
µoRPORPg4 First Reading Ordinance for the City Council Meeting April 14, 2020
1852 Second Reading Ordinance for the City Council Meeting April 21, 2020
DATE: March 9, 2020
TO: Peter Zanoni, City Manager
FROM: Robert Rocha, Fire Chief
rrocha(a)-cctexas.com
361-826-3938
Acceptance of grant from Plains All American Pipeline to support the Corpus Christi Fire
Department
CAPTION:
Ordinance accepting a grant award of$4,063.31 from Plains All American Pipeline
to purchase personal protective equipment for the Corpus Christi Fire Department
for use during industrial responses; and appropriating $4,063.31 into the Fire Grant
Fund.
SUMMARY:
This ordinance authorizes the acceptance and appropriation of a grant totaling $4,063.31
from Plains All American Pipeline. The grant funds will support the Fire Department to
purchase flame retardant apparel, a type of protective clothing, which is part of Personal
Protective Equipment (PPE) for firefighters. This type of apparel protects firefighters
against hazards such as arc flashes, fire flashes, and explosions.
BACKGROUND AND FINDINGS:
The Corpus Christi Fire Department (CCFD) was recently awarded a grant of $4,063.31
from Plains All American Pipeline through its First Responder Grant Program. Plains All
American Pipeline aims to support the training and equipment needs of local fire and
police responders in communities. This is the first time the CCFD has been awarded this
grant from Plains All American Pipeline.
This grant will outfit 21 firefighters with flame resistant (FR) PPE (one-piece FR coverall).
This PPE will provide responders with the ability to wear the most appropriate gear for
the tasks assigned. This will allow them complete work in a safe manner without the
undue heat stressors that their current gear employs. By providing this PPE, our
responders will be safer and more efficient when responding to or preparing for any
industrial emergency response to save lives and property.
ALTERNATIVES:
If we don't accept the grant, we will have to seek alternative funding.
FISCAL IMPACT:
Acceptance of grant for$4,063.31 and appropriating $4,063.31 to the Fire Grant Funds.
Funding Detail:
Fund: 1062
Organization/Activity: 840020L
Mission Element: 888
Project # (CIP Only):
Account: 340000
RECOMMENDATION:
Staff recommends approval of this ordinance to accept and appropriate grant totaling
$4,063.31 .
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Award Letter
Quote
Ordinance accepting a grant award of $4,063.31 from Plains All American
Pipeline to purchase personal protective equipment for the Corpus Christi
Fire Department for use during industrial responses; and appropriating
$4,063.31 into the Fire Grant Fund.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1 : The City Manager or designee is authorized to execute all documents
necessary to accept a donation from Plains All-American Pipeline in the amount of
$4,063.31 to purchase personal protective equipment for use during industrial responses.
SECTION 2: That $4,063.31 from Plains All-American Pipeline, is appropriated in the Fire
Grant Fund No. 1062 to purchase personal protective equipment for use during industrial
responses.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
PASSED AND APPROVED on this the day of , 2020.
ATTEST:
Rebecca L. Huerta Joe McComb
City Secretary Mayor
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PLAIDS
ALL AMERICAN
PIPELINE, L.P.
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Congratulations on your Grant Award !
Plains All American Pipeline, L.P. is grateful for the
dedication of first :responders. One of the ways we strive to
be a good. neighbor is through our First Responder Grant
Program. This effort awards monetary grants to support the
training and equipment needs of local fire and police
departments as well as other responders.
We hope our grant will make a lasting, measurable impact to
your. community. Thank you for your service.
Best,
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Patrick D. Hodgins
Managing Director
Safety, Security, Crisis Management Services & Training
Plains All American Pipeline, L.P:
Plains All American GP LLC,General Partner of Plains AAP,L.P.,the Sole Member of
PAA GP LLC,the General Partner of Plains All American Pipeline, L.P.
333 Clay Street,Suite 1600(77002) E P.O.Box 4648 • Houston,Texas 77210-4648 • (713)646-4100
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AGENDA MEMORANDUM
WoRPORPg4 First Reading Ordinance for the City Council Meeting March 17, 2020
1852
Second Reading Ordinance for the City Council Meeting March 24, 2020
DATE: February 27, 2020
TO: Peter Zanoni, City Manager
FROM: Dan Grimsbo, Executive Director of Water Utilities
DanGCa)-cctexas.com
361-826-1718
Padre Island Yacht Club lease amendment
CAPTION:
Ordinance authorizing an amendment to the Lease Agreement with Padre Island Yacht Club
revising rent payments from greater of 10% of gross income or $2300 annually to greater of 5%
gross income or $2500 quarterly.
SUMMARY:
This ordinance will amend the Payment Terms and Insurance Requirements for the current lease
agreement with the Padre Island Yacht Club located at 13403 Whitecap Blvd.
BACKGROUND AND FINDINGS:
The current lease between the City of Corpus Christi and the Padre Island Yacht Club was
originally authorized in 1995 and includes a total leased area of 2.69 acres adjacent to the
Whitecap Wastewater Treatment Plant. The Padre Island Yacht Club was built by members and
opened in 1996. The current lease expires July 11, 2025.
The Padre Island Yacht Club approached the City to ask for a change in the method used for
lease payment calculation. The current method is $2300 annually or 10% of monthly gross
income from membership fees and slip rentals. Over the last 7 years, lease payments have
increased over 140%, averaging $15,800 annually.
The proposed lease payment will change to the greater of$2,500 or 5% of quarterly gross income
from membership fees and slip rentals. Payments will be made quarterly instead of monthly and
be effective the 1St quarter of 2020. The Insurance Requirements have been reviewed by Risk
Management and updated effective upon execution of the lease amendment.
ALTERNATIVES:
Do not approve the change in lease payments or accept the updated Insurance Requirements for
the Padre Island Yacht Club.
FINANCIAL IMPACT: Net revenue from the lease payments will not vary significantly from
budgeted amounts.
Funding Detail: n/a
RECOMMENDATION:
Staff recommends approval of the amendment to the lease with the Padre Island Yacht Club.
LIST OF SUPPORTING DOCUMENTS:
Amendment #2
Exhibit A— Current Survey
Exhibit B — Insurance Requirements
Current Lease and Amendment#1
Ordinance authorizing an amendment to the Lease Agreement with Padre
Island Yacht Club revising rent payments from greater of 10% of gross income
or $2300 annually to greater of 5% gross income or $2500 quarterly
Whereas, the Padre Island Yacht Club ("PIYC") lease was approved on August 23, 2011
and amended on December 12, 2017 for lease of property adjacent to the Wastewater
Treatment Plant located on Whitecap Blvd;
Now, therefore, be it ordained by the City Council of the City of Corpus Christi,
Texas:
SECTION 1. That the City Manager or designee is authorized to execute an amendment to the
Lease with the Padre Island Yacht Club to revise the rent payments from greater of 10% of gross
income or$2300 annually to greater of 5% gross income or$2500 quarterly and revise insurance
exhibit. A copy of the amendment shall be filed with the City Secretary's Office.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
PASSED AND APPROVED on this the day of , 2020.
ATTEST:
Rebecca Huerta Joe McComb
City Secretary Mayor
2011 PIER LEASE,
AMENDING, EXTENDING, RENEWING, AND SUPERSEDING,
1995 AND 2005 PIER LEASES
BETWEEN THE CITY OF CORPUS CHRISTI
AND
PADRE ISLAND YACHT CLUB
STATE OF TEXAS §
COUNTY OF NUECES §
WHEREAS, the City of Corpus Christi, a Texas home-rule municipal corporation,
("City") owns certain submerged and upland real estate adjacent to the Padre Island
Wastewater Treatment Plant ("Whitecap Plant");
WHEREAS, the Padre Island Yacht Club, a Texas nonprofit corporation, ("Club")
desires to lease certain property from City and to construct certain piers;
WHEREAS, Club recognizes that the Whitecap Wastewater Treatment Plant treats
wastewater and that there are certain unavoidable odors associated with treating
wastewater; and
WHEREAS, City has no responsibility to Club for air freshness.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this lease, City, acting by its duly authorized City Manager, or designee, ("City
Manager") and Club agree as follows:
1. Premises. City leases to Club a 40 foot wide by 795 foot long portion of submerged
land adjacent to the Whitecap Plant, as described by metes and bounds on the attached
and incorporated Exhibit A. Further, City leases to Club an adjacent strip of upland 100
feet wide by 795 long, as shown on Exhibit A, for a total leased area of 2.55 acres,
collectively called "premises."
2. Term:
a. The original term of the 1995 lease was ten (10) years. The term of the 2005 lease
was also for ten (10) years, commencing on July 11, 2005. The term of this lease shall
be to extend the lease term to July 11, 2025 ( "lease termination date").
b. The Club has the option, with the approval of the City Council to renew this lease for
an additional ten (10) year term after the July 11, 2025 lease termination date ("renewal
option").
c. At least two (2) years prior to the lease termination date of July 11, 2025, the Club
shall give the City Manager written notice of whether the Club intends to exercise the
renewal option. Within sixty (60) days after the written notification, the City Council will
Page 1 of 10
PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.doex
advise the Club whether they approve the renewal. The approval may not be
unreasonably withheld.
3. Rental Payments.
a. Club agrees to pay ten percent (10%) of all gross income or$2000 annually,
whichever is greater, from reoccurring monthly assessments and slip rentals, in
advance on or before the tenth (10th) of each month.
b. Club shall keep records of the monthly dues and slip rent received. Club records of
monthly dues and rent received must be open to City Manager's designated
representative during Club's business hours. These records must be retained for five
(5) years after expiration or other termination of this lease.
4. Improvements.
a. improvements have been constructed by the Club upon the leased premises,
including but not limited to, a clubhouse and boat slips, the improvements having been
appropriately approved.
b. All the facilities, including but not limited to piers, support structures, slips, buildings,
clubhouse, parking, fencing, lighting, landscaping, and any other improvements, are
collectively called the "Improvements."
c. No future Improvement may be installed unless the improvement and related plans
and specifications have been approved in advance by City Engineer. Each
improvement must be inspected during and after construction or installation.
d. Club shall obtain all necessary permits and comply with all federal, state, and local
laws and regulations with respect to construction of and repairs to the pier and
improvements. Any application to the Corps of Engineers ("Corps"), whether made in
the name of City or Club, must shall be submitted to City Engineer for its approval
before submission to the Corps, which approval will not be unreasonably withheld, and
all related expenses must be paid for by Club.
e. The design of all future improvements must conform to City's Building Code, any and
all limitations in this lease, and must have prior written approval by the Padre Isles
Property Owners Association Architectural Review Committee. Before start of
construction on future improvements Club shall submit plans and specifications to the
City Engineer ("City Engineer") for the City Engineer's written approval or provide
written exceptions to the plans and specification, which exceptions must be considered
and the plans and specifications resubmitted until written approval is obtained from City
Engineer.
f. Once Club has obtained City Engineer's written approval of the pians and
specifications for any future improvements, Club may either construct the Improvements
with the labor and materials being supplied by Club members, or volunteers, or must bid
out construction and materials. If any construction work is to be performed by or
Page 2 of 10
PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07062011 doex
materials to be supplied by other than Club members or volunteers, Club must receive
bids from a minimum of three bidders before start of construction. Not all bidders may
be members of Club. City Engineer must approve the successful bidder before start of
construction. All successful bidders must provide proof of insurance that meets City's
requirements for similarly priced construction projects. City must be named as
Additional Insured.
g. A boat pump out facility has been constructed upon the premises, the boat pump out
facility is deemed to be an improvements, and all necessary approvals and permits for
the boat pomp out facility having been received. The Club shall exercise reasonable
normal care and maintenance of the boat pump out facility. Provided that the has
reasonable access at all times to the boat pump out facility.
h. Improvements, such as the lighting, that cause complaints from adjacent or nearby
property owners must be altered or removed reasonably to remedy the complaint and
provide the improvement that Club desired, at Club's expense.
5. Maintenance.
a. Club shall perform all maintenance of the premises including replacement of pilings,
piers, pier superstructures, catwalks, catwalk superstructures, litter pickup and removal,
mowing, weeding, fence and lighting repair, parking lot repair, repair of the boat pump
out facility, and all other maintenance and Improvement maintenance that City Manager
may require, to City Manager's satisfaction, at a level no less than the standard of
maintenance by City. All other Improvements must be maintained at the same level of
maintenance as the Whitecap Wastewater Treatment Plant buildings and grounds.
b. Club shall repair all damages to the premises and improvements caused by its
members or guests.
6. Renovation.
a. Club shall perform normal renovations of the improvements, including replacement
of pilings, piers, pier superstructures, catwalks, and catwalk superstructures, to City
Manager's reasonable satisfaction, at a level no less than the standard of original
construction, reasonable wear and tear excepted.
b. Before undertaking any renovation, Club shall submit plans and specifications to City
Engineer, who must provide written approval of the plans and specifications or provide
written exceptions to the plans and specifications. The exceptions must be considered
and the plans and specifications must be resubmitted until written approval is obtained
from City Engineer. The City Engineer's approval may not to be unreasonably withheld.
7. Utilities. Club is responsible for extension of all utility services, including meters,
hook up, and payment of all service charges and monthly charges for utilities.
8. Control and Use. Club shall control the use and charges for the premises. However,
as part of the consideration for this lease, Club shall provide, free of charge, one slip for
Page 3 of 10
PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011 docx
berth of a search and rescue vessel. The search and rescue vessel need not be
provided by Club, but by some governmental agency. All other slips must be used for
berthing of individual pleasure craft belonging to or in the custody of Club members or
guests. No live-aboards will be permitted on the Premises.
9. Reverter. Upon expiration of this lease, all rights and possession of the premises,
and any improvements to the premises revert to City.
10. Right to Enter. During this lease, City personnel have the right to enter the
premises at all reasonable times for the purposes of inspection, fire, police, and other
safety actions, and the enforcement of this lease, or if access is needed for operations
at the Whitecap Plant. If City needs access across the premises, Club shall permit the
access up to and including removal or relocation of club Improvements.
11. Indemnity. In consideration of allowing Lessee to use the
Premises, Lessee ("Indemnitor") covenants to fully indemnify, save
and hold harmless the City, its officers, agents, representatives, and
employees (collectively, "Indemnitees") from and against any and all
liability, loss, damages, claims, demands, suits, and causes of action
of any nature whatsoever asserted against or recovered from City on
account of injury or damage to person including, without limitation on
the foregoing, premises defects, workers' compensation and death
claims, or property loss or damage of any other kind whatsoever, to
the extent any injury, damage, or loss may be incident to, arise out of,
be caused by, or be in any way connected with, either proximately or
remotely, wholly or in part. (1) Lessee's performance under this
Lease; (2) Lessee's use of the Premises and any and all activities
associated with the Lessee's use of the Premises under this Lease;
(3) the violation by Lessee, its officers, employees, agents, or
representatives or by Indemnitees, or any of them, of any law, rule,
regulation, ordinance, or government order of any kind pertaining,
directly or indirectly, to this Lease; (4) the exercise of rights under
this Lease; or(5) an act or omission on the part of Lessee, its officers,
employees, agents, or representatives or of indemnitees, or any of
them, pertaining to this Lease, regardless of whether the injury,
damage, loss, violation, exercise of rights, act, or omission is caused
or is claimed to be caused by the contributing or concurrent
negligence of Indemnitees, or any of them, but not if caused by the
sole negligence of Indemnitees, or any of them, unmixed with the fault
of any other person or entity, and including all expenses of litigation,
court costs, and attorneys fees, which arise, or are claimed to arise,
out of or in connection with the asserted or recovered incident.
Page 4of10
PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011 docn
Lessee covenants and agrees that, if City is made a party to any
litigation against Lessee or in any litigation commenced by any party,
other than Lessee relating to this Lease, Lessee shall, upon receipt of
reasonable notice regarding commencement of litigation, at its own
expense, investigate all claims and demands, attend to their
settlement or other disposition, defend City in all actions based
thereon with legal counsel satisfactory to the City Attorney, and pay
all charges of attorneys and all other costs and expenses of any kind
whatsoever arising from any the liability, injury, damage, loss,
demand, claim, or action.
12. Insurance.
a. Lessee shall secure and maintain at Lessee's expense, during the term of this
Lease, insurance of the type and with the amount of coverage shown on the attached
Exhibit B, which is incorporated in this Lease by reference. Lessee shall use an
insurance company or companies acceptable to the Risk Manager. Failure to maintain
the insurance during the term of this Lease, at the limits and requirements shown on
Exhibit B, constitutes grounds for termination of this Lease.
b. The Certificate of Insurance with applicable policy endorsements must be sent to the
Risk Manager prior to occupancy of and operations at the Premises. The Certificate of
Insurance and applicable endorsements must provide that the City will have thirty (30)
days advance written notice of cancellation, intent to not renew, material change, or
termination of any coverage required in this Lease.
c. Lessee shall provide, during the term of this Lease, copies of all insurance policies to
the Risk Manager upon written request by the City Manager.
d. The Risk Manager retains the right to annually review the amount and types of
insurance maintained by Lessee, to require increased coverage limits, if necessary in
the interest of public health, safety, or welfare, and to decrease coverage, if so
warranted. In the event of any necessary increase, Lessee must receive thirty (30)
days written notice prior to the effective date of the requirement to obtain increased
coverage.
e. In the event alcoholic beverages are to be served on or in any Premises covered by
this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic
beverage liability insurance in the amount of one million dollars ($1,000,000.00)
covering the event or time period when alcoholic beverages are to be served.
f. Lessee shall, prior to any addition or alteration to, in, on, or about the Premises,
obtain prior clearance, in writing, from the Risk Manager that the proposed addition or
alteration will not necessitate a change or modification in the existing insurance
coverage maintained by Lessee. This clearance is in addition to the prior consent
required by Section 18(a) of this lease.
Page 5 of 10
PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.docx
13. Nonassignability. Club may not assign, mortgage, pledge, or transfer this lease, or
any interest in this lease, without the prior written consent of the City Council, except as
set out in this lease.
14. No Debts. Lessee may not incur any debts or obligations on the credit of the City
during the term of this Lease[, and including during any Holdover Period that may
occur].
15. No Liens. Lessee agrees not to permit any mechanic's lien, materialman's lien,
personal property tax lien, or any other lien to become attached to the Leased
Premises, or any part or parcel of the Leased Premises, or the improvements on the
Leased Premises, by reason of any work or labor performed any mechanic, materials
furnished by any materialman, or for any other reason.
16. Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing policy
that substantially conforms to the City's policy.
17. Violence Policy. Lessee must adopt a Violence in the Workplace and related hiring
policy that substantially conforms to the City's policy.
18. Termination. Except as otherwise provided in this lease, City may terminate this
lease on ninety (90) days notice whenever Club fails materially to comply with the
provisions and covenants in this lease, and thereafter fails or refuses materially to
comply within a reasonable time, stated in writing, after receiving written detailed notice
of the violation, recommended cure, and reasonable period to cure.
19. Enforcement Costs. In the event any legal action or proceeding is under taken by
the City to repossess the premises, collect the lease payment(s) due under this lease,
collect for any damages to the premises, or to in any other way enforce the provisions of
this lease, Club agrees to pay all court costs and expenses and the sum as a court of
competent jurisdiction may adjudge reasonable as attorneys' fees in the action or
proceeding, or in the event of an appeal as allowed by an appellate court, if a judgment
is rendered in favor of the City.
20. No Pollution. Club shall ensure that no pollutant, effluent, liquid or solid waste
material, litter, or trash from the premises is allowed to spill or collect in the water in the
vicinity of the premises, on the premises, or on the Whitecap Boulevard peninsula
adjacent to the club. It shall be Club's duty regularly to inspect for and remove
accumulated waste material from the premises, the Whitecap Boulevard peninsula
adjacent to the club, and the water areas adjacent to the Club's facilities, and properly
dispose of the waste material in conformance with regulatory requirements.
21. Compliance with Laws. Club shall comply with all federal, state, and local laws,
ordinances, rules, and/or regulations, as amended, including, without limitation, City's
Fire Code, City's Technical Construction Codes, FEMA Regulations, Americans with
Disabilities Act, Texas Commission on Environmental Quality rules and regulations, and
the Coast Guard rules and regulations.
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PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.doex
22. Taxes, Fees. Club shall pay all taxes that its use of the premises cause to be
assessed against the premises or Improvements. Club shall pay all sales taxes and
related taxes and fees incident to operation of the club on the premises or
improvements.
23. Sanitary Sewer.
a. Club's operation of sanitary sewer facilities, both at the clubhouse and the boat pump
out facility, if any, must be in accordance with City's Code of Ordinances, Chapters 13
and 14, including, but not limited to, Building and Housing Standards Code, Technical
Construction Codes, and Flood Hazard Prevention Code, and Chapter 55, Article XI,
Commercial and Industrial Waste Disposal and Pretreatment, and "Greasetrap
Ordinance," as same may be amended.
b. It is intended that Club's presence at the premises may not in any manner affect
City's required wastewater sampling at the adjacent Whitecap Wastewater Treatment
Plant. Club may not dump, nor allow anyone visiting the Premises to dump any effluent
or wastewater of any type into the water. All effluent or wastewater must be properly
disposed of through Club's wastewater hookup or boat pump out facility.
24. Fencing. Club, at its expense, shall fence the premises from the street right-of-way
and the treatment plant property so that no one can access the premises from the street
or right-of-way property. The gate to the premises must be kept locked at all times club
is not open.
25. Hours of Operation. Club may operate the premises from 6:00 a.m. to 12 midnight,
365 days a year. If nearby property owners complain about noise or nuisance and the
complaints go unresolved, Wastewater Director has the authority to shorten the hours of
operation.
26. Land scapinglscreening. Landscaping for buffer must be required on the premises.
A plan may be presented to Wastewater Director for approval, or Wastewater Director
may present a landscaping plan to Club and approve a timetable for implementation.
27. Erosion. If, in the opinion of City Engineer or Wastewater Director, excessive
erosion occurs along the shoreline of the premises as the result of Club's usage of the
premises, Club shall repair and correct the erosion and do any other repairs needed to
prevent the erosion from recurring.
2B. Notices and Addresses.
a. All notices, demands, requests or replies provided for or permitted by this lease must
be in writing and may be delivered by any one of the following methods: (1) by personal
delivery; (2) by deposit with the United States Postal Service as certified mail, return
receipt requested, postage prepaid to the addresses stated below; (3) by prepaid
telegram, or (4) by deposit with an overnight express delivery service at:
Page 7 of 10
PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011 dom
If to City:
City of Corpus Christi
Attention: Director of Wastewater Operations
P.O. Box 9277
Corpus Christi, Texas 78469-9277
If to Club:
Padre Island Yacht Club
Attention: Commodore
14300 S.P.I.D.
Corpus Christi, Texas 78418
b. Notice deposited with the United States Postal Service in the manner described
above shall be deemed effective one (1) business day after deposit with the United
States Postal Service. Notice by telegram or overnight express delivery service shall be
deemed effective one (1) business day after transmission to the telegraph company or
overnight express carrier.
29. Modifications. No changes or modifications to this lease may be made, nor any
provision waived, unless in writing signed by a person authorized to sign agreements on
behalf of each party.
30. Hurricane Preparedness. In the event the area is threatened by a hurricane or
some other emergency situation, Club shall comply with all reasonable orders of the
Marina Superintendent or authorized representative under the Hurricane Preparedness
Plan for the improvements, a copy of which is attached and incorporated as Exhibit C.
A current copy of the Hurricane Preparedness Plan must be kept on file with the City
Secretary's copy of this lease. Any time this plan is revised, the newest revision
becomes the attached and incorporated Exhibit C.
31. Non-discrimination. Club, and all its members and guests, are responsible for the
fair and just treatment of their respective employees, members, prospective members,
and guests. Club warrants that it is, and will continue to be, an equal opportunity
employer and covenants that no employee, member, prospective member, or guest will
be discriminated against because of race, creed, color, disability or national origin. This
non discrimination clause must be posted on the Premises and must set out the
Wastewater Director's address and phone number. Violation of this provision by Club
or any member or guest is cause for immediate termination of this lease by City.
32. Interpretation. This lease must be interpreted under the Texas laws that govern the
interpretation of contracts. Venue lies in Nueces County, Texas, where this lease was
entered into and will be performed.
33. Headings for Convenience. The headings contained in this lease are for
convenience and reference only, and are not intended to define or limit the scope of any
provision.
Page 8 of 10
PADRE ISLAND YACHT CLUB 2011 PIER LEASE 0708201 t.docx
34. Entirety Clause. This lease and the exhibits incorporated and attached to this lease
constitute the entire agreement between City and Club for the use granted. All other
agreements, promises, and representations with respect to the use of the premises,
unless contained in this lease, are expressly revoked, as it is the intention of the parties
to provide for a complete understanding within the provisions of this document, and the
exhibits incorporated and attached to this lease. The unenforceability, invalidity, or
illegality of any provision of this lease may not render the other provisions
unenforceable, invalid, or illegal.
ATTEST: THE CITY OFPUS CHRISTI
Armando Chapa U a Ison
City Secretary
!!i Hager
APPROVED: -t , 2011 Lrd- mqi2o
AUTHORIZED
SYR. CO>fHCIL„„ 3
rhg
Firs Assistant ant City Attorney SECRETARY
For City Attorney
Page 9 of 10
PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.docx
PADRE ISLAND YACHT CLUB
By:
'Q-Ak�L-
Johfi A. White, Sr.
Director
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the Q�)Xday of
2011, by Ronald L. Olson, City Manager of Corpus Christi,Texas, a Texas Tiome-rule
municipal corporation, on behalf of the corporation.
�
Notary Public, State o exas
ESTHER VELAMUEZ
My commission Expires
Y
July 05,2014
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the elt, day of
2011, by John A. White, Sr., Director, of Padre Island Yacht Club, a Teo s no rofit
corporation, on behalf of the corporation.
t}"x�tytfi HERMISENOA RECIo
N tary Public State of Texas - 1 Notary Public,State ofTexas
My Commission Expires
„ February 15,2013
Page 10 of 10
PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.docx
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INSURANCE REQUIREMENTS
I. PADRE ISLAND YACHT CLUB'S LIABILITY INSURANCE
A. Padre Island Yacht Club must not commence work under this agreement until all insurance required
herein has been obtained and such insurance has been approved by the City. The Padre Island Yacht
Club must not allow any subcontractor to commence work until all similar insurance required of the
subcontractor has been so obtained.
B. Padre Island Yacht Club must furnish to the City's Risk Manager or designee, two (2) copies of
Certificates of Insurance,with applicable policy endorsements showing the following minimum coverage
by an insurance company(s) acceptable to the City's Risk Manager, The City must be named as an
additional insured for the General Liability policy and a waiver of subrogation In favor of the City is
required on all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day written notice of cancellation is required on Bodily Injury and Property Damage
all certificates of insurance with applicable policy Per occurrence/aggregate limit
endorsements
Ocean Marine Coverage $1,000,000 per occurrence form
1. Marina Owners/Operators Liability coverage $250,000 Damage to Premises rented to you
2. Premises Liability--Broad Form General Liability $5,000 Medical Payments
3. Products/Completed Operations
4. Contractual Liability
S. Personal Injury&Advertising Injury
6. Fire Legal Liability
Commercial Property Padre Island Yacht Club is responsible for their own
insurable interests in their property
Liquor Liability—when liquor being served or $1,000,000
consumed
Inland Marine/Builders Risk If applicable
In amount of value of the improvements
Business Auto Liability to include Hired and Non- $1,000,000
owned Auto Liability
Applicable for paid employees
Workers Compensation Which complies with the Texas Workers
and/or Compensation Act and Section II of this exhibit
USL&H
Employers Liability $500,000/$500,0001$500,000
C. In the event of accidents of any kind, Padre Island Yacht Club must furnish the Risk Manager with
copies of all reports of such accidents within ten (10) days of the accident.
EXHIBIT B
II. ADDITIONAL REQUIREMENTS
A. If applicable, as stated in Section I-B, Table, Padre Island Yacht Club must obtain the
applicable workers' compensation coverage or maritime exposure protection for its
employees through a licensed insurance company in accordance with Texas law. The
contract for coverage must be written on a policy and with endorsements approved by the
Texas Department of Insurance. The coverage provided must be in an amount sufficient to
assure that all workers' compensation obligations incurred by Padre Island Yacht Club will
be promptly met.
B. Padre Island Yacht Club's financial integrity is of interest to the City; therefore, subject to
Padre Island Yacht Club's right to maintain reasonable deductibles in such amounts as are
approved by the City, Padre Island Yacht Club shall obtain and maintain in full force and
effect for the duration of this Contract, and any extension hereof, at Padre Island Yacht
Club's sole expense, insurance coverage written on an occurrence basis, by companies
authorized and admitted to do business in the State of Texas and with an A.M. Best's rating
of no less than A-VII.
C. The City shall be entitled, upon request and without expense, to receive copies of the
policies, declarations page and all endorsements thereto as they apply to the limits required
by the City, and may require the deletion, revision,or modification of particular policy terms,
conditions, limitations or exclusions(except where policy provisions are established by law
or regulation binding upon either of the parties hereto or the underwriter of any such
policies).Padre Island Yacht Club shall be required to comply with any such requests and
shall submit a copy of the replacement certificate of insurance to City at the address
provided below within 10 days of the requested change. Padre Island Yacht Club shall pay
any costs incurred resulting from said changes.All notices under this Article shall be given to
City at the following address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
(361) 826-4555- Fax#
D. Padre Island Yacht Club agrees that with respect to the above required insurance,all
insurance policies are to contain or be endorsed to contain the following required
provisions:
• Name the City and its officers,officials,employees, volunteers, and elected representatives
as additional insured by endorsement, as respects operations and activities of, or on behalf
of, the named insured performed under contract with the City, on the Ocean Marine
Coverage and Business Auto Liability coverage.
• Provide for an endorsement that the"other insurance" clause shall not apply to the City of
Corpus Christi where the City is an additional insured shown on the policy;
• Workers'compensation and employers'liability policies will provide a waiver of subrogation
in favor of the City; and
• Provide thirty(30) calendar days advance written notice directly to City of any suspension,
cancellation, non-renewal or material change in coverage, and not less than ten (10)
calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage,
Padre Island Yacht Club shall provide a replacement Certificate of Insurance and applicable
endorsements to City. City shall have the option to suspend Padre Island Yacht Club's
performance should there be a lapse in coverage at any time during this contract. Failure to
provide and to maintain the required insurance shall constitute a material breach of this
contract.
F. In addition to any other remedies the City may have upon Padre Island Yacht Club's failure
to provide and maintain any insurance or policy endorsements to the extent and within the
time herein required, the City shall have the right to order Padre Island Yacht Club to stop
work hereunder, and/or withhold any payment(s)which become due to Padre Island Yacht
Club hereunder until Padre Island Yacht Club demonstrates compliance with the
requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extentto which Padre
Island Yacht Club may be held responsible for payments of damages to persons or property
resulting from Padre Island Yacht Club's or its subcontractors' performance of the work
covered under this agreement.
H. It is agreed that Padre Island Yacht Club's insurance shall be deemed primary and non-
contributory with respect to any insurance or self insurance carried by the City of Corpus
Christi for liability arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this contract.
types o_ �_g___ .m_ - ] P '
NOTE; The limits and f coverages are subject to adjustment if upon review of
agreement, it is determined that the activity under this agreement requires increased levels
and types of coverages. 1
2011 Padre Island Yacht Club ins req.
5-9-11 ep Risk Mgmt
PADRE ISLAND YACHT CLUB
2011 HURRICANE/EMERGENCY ACTION PLAN
This Hurricane/Emcrgency Action Plan(hereafter Plan)for the Padre Island Yacht Club(hereafter
PIYC) property and facilities has been developed with the coordination and approval of the
Emergency Management Office,Marina and Police Departments of the City of Corpus Christi. It is
current for the 2011 hurricane season and thereafter until replaced,rescinded or amended.This Plan
will be reviewed by the Marina Superintendent and PIYC's General Manager on an annual basis
prior to June 1 st and any updates,corrections and/or revisions will be forwarded to the Emergency
Management Office by that date.
PIYC CONTACT LIST—949-2248
Chuck Hoffman, Commodore,13913 Skysail. 78418;
Res.:949-3112 or 949-7551: Cell: (361)318-5063
Adra Campbell, Vice Commodore, 13606 Moro Lane, 78418;
Res.: 949-4602;Cell:(361)537-2355
Augie Wagner, Dockmaster; 15410 Fortuna Bay Drive#303,78418;
Res.:949-3253; Cell:(949) 374-1999
CORPUS CHRISTI MARINA KEY PERSONNEL-Ofc.: 826-3980
Peter M. Davidson, Marina Superintendent
Rene Garza,Marina Maintenance Technician
GOVERNMENT OFFICES
Police Department.................. 886-2600 National Weather Service
Fire Department..................... 826-3900 Recorded Forecast ......... 289-1861
Emergency Operating Center...... 826-1100 Office........................ 289-0959
Emergency Management Office ... 826-1100 Parks& Recreation Office.. 826-3461
GENERAL PROVISIONS
1. The order to implement the Plan may be issued by the Mayor, City Manager, Emergency
Management Coordinator or Marina Superintendent.
2. It shall be the sole responsibility of PIYC's Owners/Operators to secure or remove from the
premises all equipment,furniture,materials,supplies and portable units stored outsideoron
the property and to secure the facility.
3. It shall be the sole responsibility of PIYC to insure no pollutants enter the waters of the
adjacent waters from any operation owned/operated by PIYC i.e., grease traps, garbage,
r materials,etc.
PIYC -I- 05/18/11
EXHIBIT C
4. All owners/operators. managers. employees will be required to evacuate the PIYC when
conditions threaten human safety as determined by the Police Chief or Marina
Superintendent. PIYC will secure the area and insure all persons are offthe PIYC premises.
INCREASED READINESS ACTIONS FOR VARIOUS CONDITIONS
This Plan is framed around four "conditions" which represent varying degrees of threatened
emergencies and is based on the action to be taken as these conditions are known to develop through
information received from the National Weather Service or any other sources. These conditions are
as follows:
CONDITION NUMBER 4 (GREEN) - Beginning of Disaster Vulnerability Season - This
condition will be used by emergency services personnel to refer to a situation which causes a higher
degree of disaster possibility than is normally present. This condition will automatically go into
effect upon such occurrences as the beginning of the Hurricane Season (June 1st each year,
remaining in effect through November 30th each year);or other general conditions;such as fire
threat,due to severe drought.
CITY ACTION: The City will initiate general increased readiness activities, submit all updated
Plans and utilize the media and other sources to recommend various protective actions to the public,
r' PIYC'S ACTION: P1YC's Executive Board will review the Plan and provide updated information
for the Plan to the Marina Superintendent no later than lune 1st. PIYC's Executive Board will
prepare a contingency plan far(l)having grease traps vacuumed;(2)securingtremoving objects from
outside the building: and (3)otherwise securing the premises.
CONDITION NUMBER 3 YELLOW -Situations Exist that Could Develop Into Hazardous
Condition - This condition will be declared by the City Manager or Emergency Management
Coordinator to identify a situation which presents a greater potential threat than"CONDITION 4"
but no immediate threat to life or property.This condition might be generated by such events as a
hurricane watch, tornado watch, severe thunderstorm watch.or presence of hazardous material in
transit through the city by rail,truck,or other means.
One such situation when Condition 3 will be declared is when the course of a hurricane has been
established and the National Weather Service predicts a likely landfall within thirty-six hours
and/or within one hundred miles of the City of Corpus Christi.
CITY ACTION: The Marina Superintendent or his designee will:
- advise PIYC of any changes in Condition as advisories or declarations are received,
- complete hurricane preparations as required for Condition 3.
Alp
NYC -2- 05/18111
PIYC'S ACTION:
cease all normal operations of the PIYC and begin securing the facility.
make arrangements for the removal of any and all equipment, including dumpsters.
make arrangements to have all grease traps vacuumed.
make arrangements for removal of all refrigerated foods from the premises.
CONDITION NUMBER 2(ORANGE)-Situations Exist That Have Definite Characteristic of
Developing Into A Hazardous Condition-This condition will be declared by the City Manageror
Emergency Management Coordinator to identify a hazardous situation which has a significant
potential and probability of causing loss of life and/or damage to property. CONDITION 2 will
usually require some degree of warning the public of a potential disaster.
This condition might be generated by such events as a hurricane warning,tornado warning, severe
thunderstorm warning.or any other notification of the existence of a direct threat such as a toxic
material spill,major fire,growing civil disturbance,etc.
One such situation when this condition will be declared is when the National Weather Service
indicates the possibility of a hurricane landfall within twenty-four hours or close enough to cause
damaging winds or rising tides in the City of Corpus Christi.
CITY ACTION:
- complete any remaining hurricane preparations and begin evacuating all persons from the
Marina Complex.
PIYC'S ACTION:
complete any remaining hurricane preparations
evacuate all persons from the premises.
secure the PIYC gate.
CONDITION NUMBER! RED -Hazardous Conditions Are Imminent-This condition will
be used to signify occurrence of a major emergency IS imminent. Events such as a hurricane strike.
landfall predicted in 12 hours or less.tomado strike.large explosion,widespread civil disturbance,
damaging tides,or other similar events will constitute a"Condition One"declaration.
CITY ACTION:
- ensure that all hurricane preparations throughout the Marina Complex have been completed
and all persons have evacuated the Marina Complex.
PIYC -3. 05119/11
F�
PIYC'S ACTION:
- PIYC will have completed all preparations and will have evacuated all persons from the
premises prior to this Condition.
HURRICANE PASSED: Marina staff will report to duty,as directed by the City's Bad Weather
Policy, for damage assessment and appraisal, facility clean up and repair, launching operations,
security, etc. Access to the Marina Complex will be restricted to persons presenting evidence of
tenancy issued by the Corpus Christi Municipal Marina (i.e. a copy of the lease document or a
Marina Emergency Pass).
APPROVED on the dates written.
Padre Island Yacht Club
By:C /2 fc,—� Date: z.. hl
City of Corpus Christi, Marina Department
By: / -• Date:
City of Corpus Christi, Police Department
By: Date:
City of Corpus Christi, Emergency Management Office
By: Date:
s�
PI YC .4. 05/18111
i 1
AMENDMENT NO. 1 TO PADRE ISLAND YACHT CLUB LEASE
Whereas, on August 23, 2011 the Corpus Christi City Council authorized a Lease
Agreement with the Padre Island Yacht Club ("Club") regarding the use of city
property through July 11, 2025;
Whereas, the City leases total leased area of 2.55 acres to the Padre island Yacht
Club;
Whereas, the Padre Island Yacht Club has requested additional leased area of
additional 0.34 acres; and
Whereas, the Padre Island Yacht Club also requests change in Section 2 and other
minor clarifications to the Lease Agreement;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1) Section 1 of the Lease Agreement is amended to extend the Premises as
follows:
"1. Premises. City leases to Club a 40 foot wide by 795 foot long
portion of submerged land adjacent to the Whitecap Plant, as
described by . the attached and incorporated
Exhibit A_ Further City leases to Club an adjacent strip of upland 100
feet wide by 795 feet long, : _gid an additional section of land 50 feet
i as shown as a preliminary exhibit e,� Exhibit
A, for a total leased area of z: a approximately 2.89 acres,
collectively called "Premises".
2) Section 2b of the Lease Agreement regarding the Term is hereby amended
as follows. The changes are shown in redline format.
"2. Term:
a. The original term of the 1995 lease was ten (10) years. The term
of the 2005 lease was also for ten (10) years, commencing on
July 11, 2005. The term of this lease shall be to extend the lease
term to July 11, 2025 ("lease termination date").
The Club has the option, with approval of the City Council, to
renew this lease for an additional ten (10) year term after the July
11, 2025 lease termination date ("renewal option").
�.. At least two (2) years prior to the lease termination date of July
11, 2025, the Club shall give the City Manager written notice of
whether the Club intends to exercise the renewal option. Within
i
sixty (60) days after the written notification, the City Council will
advise the Club whether they approve the renewal. The approval
may not be unreasonably withheld as lona as the Club is in
compliance with the terms of this Lease and the recauested
renewal is in compliance with the 67hv's Iona-term wastewater
management plans."
b-
3) Section 3 a of the Lease Agreement regarding Rental Payments is hereby
amended as follows. The changes are shown in redline format.
"3. Rental Payments,
a. Club agrees to pay ten percent(10%)of all gross income or U000
$2300 annually, whichever is greater, from reoccurring monthly
assessments and slip rentals, in advance on or before the tenth (1011)
of each month.
b. Club shall keep records of the monthly dues and slip rent
received. Club records of monthly dues and rent received must be
open to City Managers designated representative during Club's
business hours. These records must be retained for five (5) years
after expiration or other termination of this lease."
4) Section 4d and 4g of the Lease Agreement regarding Improvements is hereby
amended as follows. The changes are shown in redline format.
"d. Club shall obtain all necessary permits and comply with all
federal, state, and local laws and regulations, including platting
requirements, with respect to construction and repairs to the pier
and improvements. Any application to the Corps of Engineers
("Corps"), whether made in the name of the City or Club, must slhall
be submitted to City Engineer for its approval before submission to
the Corps, which approval will not be unreasonably withheld, and all
related expenses must be paid for by Club. The Club is responsible
for payment of all costs related to any required permits, including
costs for any required zoning and platting changes."
"g. A boat pump out facility has been constructed upon the premises,
the boat pump out facility is deemed to be an improvements, and all
necessary approvals and permits for the boat pump out facility have
been received. The Club shall exercise reasonable normal care and
maintenance of the boat pump out facility,provided that the all boats
has have reasonable water access at all times to the boat pump out
facility.„
3
' 'r
5)Section 16 and Section '17 regardinj Drug Policy and Violence in the Workplace
Policy are amended as follovis. The changes are shown in redline format.
16. Drug Policy. Upon hiring one_or more full or ,earl time
emplees, lessee Club must adopt a Drug Free Workplace and
drug testing policy that substantially conforms to the City's policy."
"17. Violence Policy. Upon hiring one or more full or part time
employees,_L-essae Club must adopt a Violence in the Workplace
and related hiring policy that substantially conforrns to the City's
policy."
6) The City will obtain a final meies and bounds survey exhibit to identify the
entire leased Premises, to be attached as new Exhibit A. The Club shall reimburse
the City for the cost of the survey, within 30 days of invoice from the City.
7) All other terms and conditions of the previously executed Agreement
between the parties which are not inconsistent herewith shall continue in full
force and effect.
8) This Amendment becomes effective upon the expiration of sixty days after
final City Council approval.
EXECUTED IN DUPLICATE ORIGINALS this day of0 7, by
the authorized representative of the parties.
City of Corpus Christi, Texas
By: �'L�
Name:
Title: ATTEST: C c `
Date: 14. 17 RE SCCA HUER CA
r—'Y gF!'FiFTl1RY
Approved as to legal farm: 10/1 g/a-0 t
Lisa Aguilar, AssLsiant City Attorney
For the City Attorney
Padre Island Yacht Club i
Harold Smith, Comm do
®ate: ,�. � 2 - ! 2
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Exhibit A
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AMENDMENT NO. 2 TO PADRE ISLAND YACHT CLUB LEASE
Whereas, on August 23, 2011 the Corpus Christi City Council authorized a Lease
Agreement with the Padre Island Yacht Club ("PIYC") regarding the use of city
property through July 11 , 2025;
Whereas, on December 12, 2017, the Corpus Christi City Council authorized
Amendment No. 1 to increase total leased area to 2.89 acres;
Whereas, the Lease Agreement required monthly payment of 10% of all gross
income or $2300 annually, whichever is greater;
Whereas, the PIYC has requested review of the rental payments in the Lease
Agreement as the annual payment under the current formula has increased 142%
in the prior 7 years;
Whereas, the City has evaluated rental payments and determined that revision is
in order;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1) Section 3 a of the Lease Agreement regarding Rental Payments is hereby amended
as follows. The changes are shown in redline format.
"3. Rental Payments.
a. PIYC agrees to pay ten percent (10%) of all gross income or
$2300 annually, whichever is greater, from reoccurring monthly
assessments and slip rentals, in advance on or before the tenth (10th)
of each month.
b. Effective January 1, 2020, the monthly rents are replaced with
quarterly rents, to be paid on the following dates:
1St quarter (January — March) payment is due April 5
2nd quarter (April — June) payment is due July 5
3rd quarter (July — September) payment is due October 5
4th quarter (October— December) payment is due January 5
Each quarterly rent payment is the greater of either$2,500.00 or 5%
of gross income from slip rentals and membership fees collected
during the quarter.
2
bc. PIYC shall keep records of the monthly dues and slip rent
received. PIYC records of monthly dues and rent received must be
open to City Manager's designated representative during PIYC's
business hours. These records must be retained for five (5) years
after expiration or other termination of this lease."
2) Section 12 of the Lease Agreement regarding insurance exhibit is hereby
amended to replace the insurance Exhibit B with the attached Exhibit "Insurance
Requirements Revised 02-11-2020."
3) All other terms and conditions of the previously executed Agreement, as amended,
between the parties which are not inconsistent herewith shall continue in full force and
effect.
4)This Amendment becomes effective upon final City Council approval. Lessee shall
reimburse City for costs of newspaper publications as required by City Charter.
EXECUTED IN DUPLICATE ORIGINALS this day of____, 2020, by
the authorized representative of the parties.
City of Corpus Christi, Texas
By:
Name:
Title:
Date:
Approved as to legal form:
Lisa Aguilar, Assistant City Attorney
For the City Attorney
Padre I nd Yach ub
By:
Com ore,o n S kes
Date. 0,20
3
EXHIBIT B
INSURANCE REQUIREMENTS REVISED 02-11-2020
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required
has been obtained-and such insurance has been approved by the City. Contractor
must not allow any subcontractor, to commence work until all similar insurance
required of any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administrator one
(1) copy of Certificate of Insurance with applicable policy endorsements showing
the following minimum coverage by an insurance company(s) acceptable to the
City's Risk Manager. The City must be listed as an additional insured on the
General liability and Auto Liability policies by endorsement, and a waiver of
subrogation endorsement is required on GL, AL and WC if applicable.
Endorsements must be provided with Certificate of Insurance.Project name and/or
number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material change Per occurrence - aggregate
or termination required on all certificates
and policies.
COMMERCIAL GENERAL LIABILITY $500,000 per person/ $1,000,000 per
including: occurrence Bodily Injury and $300,000
1. Comprehensive Broad Form Property Damage
2. Premises - Operations OR
3. Products/ Completed Operations $1,000,000 COMBINED SINGLE LIMIT
4. Contractual Liability
5. Broad Form Property Damage
6. Independent Contractors
7. Personal Injury
8. Host Liquor Liability
9. Watercraft Liability endorsement—to
include:
The size of watercraft must be known and no
limitation of the endorsement may exclude
coverage by virtue of the size of the watercraft
4
C. In the event of accidents of any kind related to this contract,Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on
a policy and endorsements approved by the Texas Department of Insurance. The
workers' compensation coverage provided must be in statutory amounts according
to the Texas Department of Insurance, Division of Workers' Compensation. An
All States Endorsement shall be required if Contractor is not domiciled in the State
of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance
coverage written on an occurrence basis by companies authorized and admitted to
do business in the State of Texas and with an A.M. Best's rating of no less than A-
VII.
C. Contractor shall be required to submit renewal certificates of insurance throughout
the term of this contract and any extensions within 10 days of the policy expiration
dates. All notices under this Exhibit shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional
insured's by endorsement with regard to operations, completed operations, and
activities of or on behalf of the named insured performed under contract with the
City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the
City of Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
5
• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
E. Within rive (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to
suspend Contractor's performance should there be a lapse in coverage at any time
during this contract. Failure to provide and to maintain the required insurance shall
constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to
provide and maintain any insurance or policy endorsements to the extent and within
the time herein required, the City shall have the right to order Contractor to stop
work hereunder, and/or withhold any payment(s) which become due to Contractor
hereunder until Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to
which Contractor may be held responsible for payments of damages to persons or
property resulting from Contractor's or its subcontractor's performance of the work
covered under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of
Corpus Christi for liability arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2020 Insurance Requirements
Ins. Req. Exhibit
Padre Island Yacht Club
02/11/2020 Risk Management—Legal Dept.
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NCORPOR 1'0 AGENDA MEMORANDUM
1852 First Reading Ordinance for the City Council Meeting of April 14, 2020
Second Reading Ordinance for the City Council Meeting of April 21, 2020
DATE: March 30, 2020
TO: Peter Zanoni, City Manager
THRU: Mike Rodriguez, Chief of Staff
michaelrod@cctexas.com
(361) 826-3732
FROM: Jeff H. Edmonds, P.E., Director of Engineering Services
0effeye(a)-cctexas.com
(361) 826-3851
Kevin Norton, Director of Water Utilities
kevinn@cctexas.com
(361) 826-1874
Granting Pipeline Easements and a Construction Yard License
to Dean Pipeline Company, LLC
CAPTION:
Ordinance authorizing three non-contiguous 30-foot wide pipeline easements and one
construction yard license of 1.12 acres to Dean Pipeline Company, LLC to construct one new 8-
inch pipeline for the transportation of oil, gas, or other hydrocarbon product located on City
property operated by the City Water Department, two of the pipeline easements are located
southeast of the O.N. Stevens Water Treatment Plant and third pipeline easement on property
north of IH37 by the O.N. Stevens Spillway Tract; located in Council District 1, and appropriating
$108,810 into the City's Water Department Operating Fund No. 4010.
SUMMARY:
Dean Pipeline Company, LLC (Dean Pipeline) is currently constructing a pipeline from San
Patricio County to the City's industrial area. This ordinance conveys three non-contiguous 30-foot
wide pipeline easements adding to a length of approximately 2,787 linear feet (If) and one
construction yard license approximately 1.12 acres to Dean Pipeline to construct one 8-inch
pipeline for the transportation of oil, gas, or other hydrocarbon product across City properties. The
revenue received from Dean Pipeline in the amount of $108,810 will be appropriated into City's
Water Department Operating Fund No. 4010.
Project: Dean Pipeline Easement
Legistar No.:20-0277
BACKGROUND AND FINDINGS:
Dean Pipeline Company, LLC (Dean Pipeline) is currently constructing a pipeline from San
Patricio County to the City's industrial area. Dean Pipeline has requested a 30-foot wide pipeline
easement on three non-contiguous tracts and one construction yard license, located on City
property under the jurisdiction of the Water Department. Listed below are the detail:
• Tract 76 — Pipeline easement for 251.11 If, located southeast of the O.N. Stevens Plant
Tract as shown on Maps Exhibit A—Tracts 76 and 77
• Tract 77 — Pipeline easement for 884.99 If, located southeast of the O.N. Stevens Plant
Tract as shown on Maps Exhibit A—Tracts 76 and 77
• Tract 82 — Pipeline easement for 1,651.04 If, located north of IH37 by the O.N. Stevens
Spillway Tract as shown on Maps Exhibit B —Tracts 81 and 82
• Tract 81 — Construction yard license for approximately 1.12 acres, north of IH37 by the
O.N. Stevens Spillway Tract as shown on Maps Exhibit B —Tracts 81 and 82
Dean Pipeline is limited to one, 8-inch pipeline to transport products like natural gas, gaseous
products, crude oil and other hydrocarbons or minerals whether in gaseous or liquid form. Dean
Pipeline will use horizontal boring to construct their pipeline under existing City's water
transmission lines with a minimum vertical clearance of 12 feet. The construction yard license will
be used for parking, assembling of the pipeline, and the storing of equipment and materials. The
license will be for a term of one year beginning on April 1, 2020 and terminating on April 1, 2021.
City will closely monitor the boring operations, as well as any other construction adjacent to the
City's water transmission lines.
The City has agreed to grant the three non-contiguous pipeline easements for a total amount of
$103,770 with Tract 76 - $8,413; Tract 77 - $38,190 and Tract 82 — $57,167. This amount of
revenue is calculated based on pipe size, pipe length, and easement areas. The revenue for the
construction yard license on Tract 81 is $ 5,040 based on a 15% rate of return of the land value
for a one-year period.The three easements may be revocable by the City if Dean Pipeline violates
or fails to correct any of the laws, rules, or regulations of the Department of Transportation,
Railroad Commission, and certain City ordinances.
ALTERNATIVES:
Granting the pipeline easements and construction yard license makes good use of the City's
vacant areas of land and generates revenue for Water Department's operations. The City could
alternatively deny the easement to Dean Pipeline. This could lead to legal action of eminent
domain proceedings as they are registered as a common carrier pipeline company with eminent
domain rights in the State of Texas.
FISCAL IMPACT:
The grant of these pipeline easements and construction yard license produces a one-time total
revenue of$108,810. Listed below are the details:
Tract 76 - $8,413
Tract 77 - $38,190
Tract 82 - $57,167 and
Tract 81 - $ 5,040
The revenue will be appropriated into City's Water Department Operating Fund No. 4010.
Project: Dean Pipeline Easement
Legistar No.:20-0277
Funding Detail:
Fund: Water Department 4010
Deposited into revenue account upon receipt of funds
RECOMMENDATION:
City staff recommends approval of the Ordinance which grants Dean Pipeline the right to construct
its pipeline across the City's land. The revenue to be received by the City will be appropriated to
the Water Department's Operating Fund No. 4010.
LIST OF SUPPORTING DOCUMENTS:
Maps (3)
Ordinance
Revocable Easements (3)
Construction Yard License
Project: Dean Pipeline Easement
Legistar No.:20-0277
Ordinance authorizing three non-contiguous 30-foot wide revocable
pipeline easements and one construction yard license of 1.12 acres to
Dean Pipeline Company, LLC to construct one new 8-inch pipeline for
the transportation of oil, gas, or other hydrocarbon product located on
City property operated by the City Water Department, two of the pipeline
easements are located southeast of the O.N. Stevens Water Treatment
Plant and third pipeline easement on property north of IH37 by the O.N.
Stevens Spillway Tract; located in Council District 1, and appropriating
$108,810 into the City's Water Department Operating Fund No. 4010.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1: That three 30-foot wide Revocable Easements with variable width Temporary
Construction areas and one Construction Yard License be granted to Dean Pipeline
Company, LLC, for the purpose of constructing, operating, maintaining, repairing and
removing a 8-inch pipeline across two City owned properties southeast of the O.N. Stevens
Water Treatment Plant and one on another site north of IH37 known as the O.N. Stevens
Spill Way Tract in Corpus Christi, Nueces County, Texas, together with a Construction Yard
License south of the Spill Way Tract, for the amount of $108,810 to be paid to the City.
SECTION 2: Revenue in the amount of $108,810 is accepted from Dean Pipeline
Company, LLC and appropriated into the No. 4010 Water Department Operational Fund.
SECTION 3: That the City Manager or designee is authorized to execute the Revocable
Easements, Construction Yard License and other related documents for the conveyance of
the revocable easements and license.
That the foregoing ordinance was read for the first time and passed to its second reading
on this the day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
PASSED AND APPROVED, this the day of ' 2020
ATTEST:
Rebecca Huerta
City Secretary Mayor
TRACT 81 ,82
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DEPARTMENT OF ENGINEERING SERVICES
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REVOCABLE EASEMENT
(Dean Pipeline Company,LLC—TX-NU-0076.10000)
THE STATE OF TEXAS§
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES §
That,the CITY OF CORPUS CHRISTI, a Texas home-rule municipal corporation,
P.O. Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, ("Grantor") acting
by its duly authorized City Manager, or designee, ("City Manager") in consideration of the
sum of Ten Dollars ($10.00) to it in hand paid by DEAN PIPELINE COMPANY, LLC, a
Texas limited liability company, whose address is 1100 Louisiana, Suite 1000, Houston,
Texas 77022 ("Grantee"), the receipt of which is acknowledged, and the further
consideration of"Grantee"complying with the City's Hazardous Substances, Liquids,and
Gas Pipelines and Distribution System Ordinance, Article VII Chapter 35 Code of
Ordinances, and City's pipeline ordinance,Article VII Chapter 49 Code of Ordinances,as
amended, has GRANTED, SOLD, AND CONVEYED, and by these presents does
GRANT, SELL, AND CONVEY, upon the conditions hereinafter stated unto the said
DEAN PIPELINE COMPANY, LLC, a non-exclusive thirty-foot (30') wide easement
together with the right to install, operate, repair, replace, relocate and maintain one
pipeline, not to exceed eight (8) inches in diameter, together with appurtenant facilities
including, but not limited to, valves, meters, regulators, cathodic protection, pigging
facilities, test leads, and aerial markers for the transportation of natural gas, gaseous
products, crude oil, and other hydrocarbons or minerals, whether in gaseous or liquid
form, across, under and upon the land owned by Grantor described and shown on the
attached Exhibit A and Exhibit B.
TO HAVE AND TO HOLD the same unto the Grantee its successors and assigns,
together with the right to enter upon Grantor's tract of land as described and shown on
the attached and incorporated Exhibits "A" and "B", for the purpose of relocating,
installing, operating, repairing, replacing, and maintaining said Improvements under the
following conditions.
1. Definitions:
a) City means the City of Corpus Christi, a Texas home-rule municipal
corporation.
b) Grantor means City, and may be used interchangeably with City.
c) City Manager means the City's City Manager or his designee.
d) Director means City's Director of Engineering Services or his designee.
e) Risk Manager means City's Director of Risk Management or his
designee.
Revocable Easement
Dean Pipeline Company,LLC
1of15
f) City Attorney means City's City Attorney or his designee.
g) Grantee means Dean Pipeline Company, LLC.
h) Improvements means one pipeline not to exceed eight (8) inches in
diameter, together with appurtenant facilities including, but not limited to,
valves, meters, regulators, cathodic protection, pigging facilities,test leads,
and aerial markers all within City property.
i) Contractor means Grantee's agent to construct, maintain, replace,
repair, or remove the Improvements.
j) Exhibit "A" means the description of the Grantor's land and Exhibit "B"
means the survey map showing the location where the Improvements enter
or cross City property.
k) City Utilities means the City's Water,Wastewater, Storm Water and Gas
divisions.
1) Franchisees' Preexisting Improvements means those improvements
owned or operated by a franchise or licensee of the City that were in place
prior to the Improvements installed under this Revocable Easement.
m) Utilities Representative means the applicable City Utilities
representative that needs to be notified (1) prior to routine construction or
repair work or (2) prior to or concurrently with emergency repair work.
During routine relocation, installation, operation, repair, replacement, and
maintenance work the Utilities Representative will be the appropriate Water,
Wastewater, Storm Water or Gas division foreman on duty. The City has
Water,Wastewater, and Gas crews on duty or on-call 24 hours a day, 365
days a year. The Water Representative, the Wastewater Representative,
the Gas Representative,and the Drainage Representative is the respective
name for each division's authorized representative as set out above, and
collectively called the Utilities Representative.
n ) Franchisee's Representative means the representative of a City
franchisee or licensee that has preexisting Improvements within 2-feet of
the proposed Improvements that need to be notified (1) prior to routine
construction or repair work or (2) prior to or concurrently with emergency
repair work. During routine installation, maintenance, or repair work each
franchisee's or licensee's representative (e.g. the SWBT Representative,
the AEP Representative) will be contacted. The franchisee and licensee
representatives are collectively called Franchisee's Representative.
Revocable Easement
Dean Pipeline Company,LLC
2of15
o) City Inspector means that person acting on behalf of a City Utility or the
City Street Department inspecting the relocation, installation, operation,
repair, replacement, and maintenance of the Improvements.
p) Revocable Easement Area means that portion of City property upon
which the Improvements will be installed, operated, repaired, replaced,and
maintained.
2. Construction Standards. All work proposed by Grantee to install, repair,
or replace the Improvements will equal or exceed Department of Transportation Pipeline
Safety Standards as applicable (Title 49, Code of Federal Regulations, Part 192 -
Transportation of Natural and other Gas by Pipeline, or Part 195 -Transportation of
Liquids by Pipeline - latest revision) for the transportation of gas or liquids by the
Improvements.
3. Compliance with Laws. In installing, operating, maintaining, repairing, or
replacing the Improvements Grantee must comply with all applicable Federal, State,
County, and City laws and ordinances, and all amendments thereto, and secure all
necessary permits from the appropriate agencies, including but not limited to, City Code
of Ordinances Chapter 35, Article VII, which provides for emergency response
coordination for pipelines transporting hazardous substances, liquids, and gases,
including information reporting requirements for existing and new pipelines.
4. Depth Limits and Water Transmission Pipeline Clearances. Grantee must
install, replace, repair, and maintain the Improvements so that no portion of the pipeline
will be any shallower than 36-inches from existing ground or roadway pavement. Grantee
will also maintain a minimum of twelve (121 feet clearance between Grantee's pipelines
and any City water transmission pipelines. Grantee must notify the Texas One-Call for
utility locations in the Revocable Easement Area at least 48 hours prior to the start of
construction.
5. Crossing or Ditch Requirements. Prior to any repair or replacement of the
Improvements, Grantee must provide protection at all road crossings or ditches, by either
casing,extra pipe wall thickness,concrete jacketed pipe,or other means approved by the
Railroad Commission or Federal D.O.T. as applicable, and Grantee must identify the
method on the construction plans.
Grantee will maintain a minimum clearance of ten (10') feet between Grantee's
pipeline and any existing concrete lined drainage channels located on Grantor's property.
6. Operating Pressure. Grantee's maximum operating pressure for the
Improvements must not exceed design limitations as set forth in the Railroad Commission
or Federal D.O.T. regulations for the size and type of line to be installed and operated.
7. 60 Day Revocation. Grantee understands and agrees that the right and
easement herein granted may be revoked at any time by the City of Corpus Christi acting
Revocable Easement
Dean Pipeline Company,LLC
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through its City Manager, and Grantee may be required to remove the Improvements at
Grantee's sole expense upon 60 days' notice in writing. If Grantee is in violation of
Department of Transportation or Railroad Commission laws, rules, or regulations, or City
ordinances, Grantee will be given written notice of the violation and 30 days from receipt
of such notice to commence to cure the stated violations,within the overall 60 day period.
If after the 30 day cure period has expired and Grantee has not cured the violations,this
Revocable Easement may be revoked and Grantee may be required to remove the
Improvements upon 30 days' notice in writing: provided however that if Grantee has
commenced to cure the stated violation but has not completed same with the 30 day cure
period, Grantee may proceed to cure such violation and this Revocable Easement shall
not be revoked.
8. Improvements Markers. Grantee will place markers at the points where
such Improvements enter or leave a public street or drainage right-of-way or other City
property. Such markers must be of permanent construction bearing Grantee's name and
emergency telephone number and placed on the edge of the public right-of-way.
9. Assignability. This Revocable Easement,and all its terms and conditions,
bind and inure to the benefit of Grantor and Grantee and their respective lessees,
licensees, successors, and assigns. Grantee may assign this Revocable Easement to
any person,firm, corporation, partnership,or other entity,with the prior written consent of
Grantor's City Manager, which consent will not be unreasonably withheld. Any
assignment must provide that the assignee unconditionally assumes all the duties and
obligations of assignor upon the same terms and conditions as set out in this Revocable
Easement, which assumption of duties and obligations is partial consideration for
Grantor's consent to the assignment.
10. Construction Drawings&As-Builts. Grantee must provide Director with a
set of construction plans for all work proposed for the Improvements located within the
Revocable Easement Area, one month prior to the start of construction, for Director's
review and approval. The plans will tie the centerline of the proposed Improvements to
the centerline of the Revocable Easement Area. Any centerline improvements will also
be tied to the existing utility centerlines. The Grantee must provide the Director with a
complete depth profile, distance, and location of its Improvements from existing City
utilities, other franchised utilities, and other pipelines, that fall within the Revocable
Easement Area. The Grantee is advised that centerline of proposed Improvements must
have a minimum centerline to centerline horizontal distance as shown in the table below:
Water -60" TimeWarner - 12" KMC - 12"
Wastewater - 18" SWB/AT&T - 12" ICG - 12"
Gas - 18" AEP (CPL) - 12" Grande(ClearSource)- 12"
Storm Water - 18" ESPIRE - 12" Caprock - 12"
The Grantee must provide the Director with a 11 x 17 " size reproducible set of as-built
drawings of the Improvements within 60 days after completion of construction; failure to
do so may result in Grantee's Revocable Easement being forfeited by the City.
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11. Insurance. The Grantee must not commence work under this Agreement
until it and its Contractor have obtained through self-insurance or insurance policies
required herein and proof of such insurance as evidenced by the Certificate of Insurance
has been submitted to and approved by the Risk Manager. The required type and amount
of required insurance coverage is specified in the attached and incorporated Exhibit"C".
The Grantee and its Contractor, if any, must have and maintain Commercial General
Liability Insurance during the entire construction phase of the project. When construction
is finished and the Improvements completed the Grantee must have and maintain
Commercial General Liability Insurance through self-insurance or insurance policies for
the entire duration of this Revocable Easement and for so long as Grantee's
Improvements are located in or upon property of the Grantor. This provision shall survive
termination or expiration of this Revocable Easement.
The contractual liability portion of this insurance must be broad enough to cover the
indemnity agreement in this Agreement. Such policies of insurance must include the City
as an additional insured with respect to any liability arising out of the Grantee's and its
Contractor's use or maintenance of the Improvements in the Revocable Easement Area.
The insurance policies specified must include an endorsement stating that the insurance
company(ies) must give the Director 30 days written notice by certified mail, before any
policy covered thereby is canceled, not renewed, or materially changed. Copies of all
insurance policies from Grantee and Contractor must be provided to City Attorney within
30 days after City Manager's reasonable written request therefor.
Grantee and Contractor, if applicable, must provide copies of all insurance policies to the
City Attorney within 30 days of the City Manager's reasonable request therefor if an
incident-relating to the Improvements or Grantee's operations hereunder-occurs that
reasonably appears to be covered by such insurance. If such copies are requested and
provided, Grantee may mark the information in Grantee's policies that Grantee believes
is confidential or proprietary. If City is requested to provide all or part of Grantee's
insurance policies to third parties, City will timely forward the records to the Attorney
General for a determination whether the records are"Public Information"under the Texas
Pubic Information Act. City will contemporaneously notify Grantee of the open records
request so that Grantee may participate in any available procedures and take steps it
believes necessary to protect the nature of the confidential or proprietary information.
12. Indemnity. Grantee must fully indemnify the City of Corpus Christi,
its officers, employees and agents ("Indemnitees") against any and all liability,
damage, loss claims,demands,and actions of any nature whatsoever on account
of personal injuries(including without limitation,workers compensation and death
claims),or property loss or damage of any kind,or any other kind of damage which
arise or are claimed to arise out of or in connection with the Grantee's or Grantee's
officers', agents', and/or employees' ("Grantee's Agents") and/or Grantee's
contractors'negligent acts or omissions or acts of intentional or willful misconduct
in their respective installing or marking of the Improvements or other construction,
operation, maintenance, repair, control, or use of the Improvements or the
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Revocable Easement Area, including but not limited to,those damages arising out
of Indemnitees' intentional or negligent acts in cutting or causing to be cut the
Improvements during installation, repair, replacement, maintenance, or operation
of City utilities located in or adjacent to the Revocable Easement Area; and
including but not limited to those damages arising out of the Grantee's or Grantee's
Agents'intentional or negligent acts in cutting or causing to be cut City utility lines
during Grantee's or Grantee's Agents' or Grantee's contractors' use of the
Revocable Easement Area. This provision shall continue so long as Grantee's
Improvements are located on City property.
13. Repairs to City's Improvements or Franchisees'Preexisting Improvements.
Grantee will repair, or cause to be repaired, any damage its construction, operation,
repair, relocation, replacement or maintenance of the Improvements causes to a City
street,sanitary sewer,storm sewer,gas,drainage facility,or to a Franchisees'Preexisting
Improvements if the City Improvements or Franchisees' Preexisting Improvements were
in place prior to Grantee's initial installation of the Improvements.
14. Abandonment of pipeline. Grantee may leave abandoned pipe in place
unless the Director requires the Grantee to remove the abandoned pipe to facilitate city
operations or protect the public safety. Upon notice from the Director, Grantee shall
promptly remove the specified abandoned Improvement. If a Grantee abandons
Improvements, the Grantee remains responsible for the safe condition of the
Improvements after the pipe is abandoned.The City will not assume ownership or control
over the abandoned Improvements, and the City assumes no responsibility for their
maintenance and safety, unless the City in writing accepts a particular facility. Subsection
49-97(e) of the City Code of Ordinances continues to apply to any pipe, facilities and
appurtenances not removed by Grantee after abandonment. If Grantee removes any
pipe, facilities or appurtenances, the Grantee shall restore the City property, at the sole
cost of the Grantee, under subsection 49-97(c) of the City Code of Ordinances.
15. General Conditions.
a) Recordation. Grantee,at Grantee's expense,will record the Revocable
Easement at the Office of the County Clerk, Nueces County Courthouse
and Grantee will provide a recorded copy to Grantor.
b) Notification and Verification. Contractor must verify depth and locations
of City Utilities, and all Franchisees' Preexisting Improvements in or near
the Revocable Easement Area 48 hours prior to commencing any routine
construction or repair work, other than bona fide emergency repairs which
must be reported to the appropriate Utilities Representative(s), the Street
Superintendent, and the appropriate Franchisee's Representative(s)
immediately upon Grantee's knowledge of the need for repairs.
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The Utility Representatives, the Street Superintendent, and the
Franchisee's Representatives may have a representative present during
Grantee's construction, repair, or emergency repair operations.
c) Permit. 48 hours prior to commencing any routine construction or
repair work, and by 9 a.m. the next work day for emergency repairs, the
Grantee will apply to the Director or his designee for a permit before
disturbing part of the Revocable Easement Area. Grantee must perform the
work in accordance with the permit and all applicable federal, state, and
local laws and regulations.
Contractor must not leave trenches or pits in the Revocable Easement Area
open overnight unless Contractor provides adequate safety and security
devices to prevent possible injuries or accidents. All trenches or pits must
be backfilled as soon as possible, the backfill properly compacted, the
surface restored, and the work all done in a neat and workmanlike manner.
No bore pits may be left open longer than 14 calendar days regardless of
location. Barrel type barricades will be placed adjacent to all pits.
At a minimum the following items will be included in the permit.-
i)
ermit:i) Bore. Grantee's pipelines crossing the Revocable Easement Area
will be dry or slick bored. Wet or slick bore may be approved by the
Director if the Grantee will provide the Director or"Designee" sufficient
and satisfactory soil analysis information to support the wet bore.
ii) Open-Cut. Grantee or its Contractor must saw cut any existing
concrete and asphalt down to sub-base, and replace with new concrete
or asphalt. The pavement repair must consist of 5-inches of compacted
Hot Mix Asphalt Concrete (HMAC)Type D to be placed in two lifts, i.e.,
3-inches and 2-inches or two lifts of 2.5-inches. The HMAC pavement
must extend over the existing base for a width of 12-inches on either
side of trench cut. Subgrade will be trenched with some prime coat MC-
70 at 0.15 gal./sy. Final backfill shall consist of cement stabilized sand
containing a minimum of 2 sacks of Standard Type I Portland cement
per cubic yard of sand in street right-of-way where asphalt concrete
pavement has been cut and surface. Pavement will be restored as
described five feet on each side of cut centerline,such that no settlement
will occur in roadway area. Grantee will encase the Improvements in
sand,with a minimum of 8-inches around the Improvements.
d) Uncovering City Utilities. A City Inspector has the authority to request
Contractor to uncover a Utility Line in the Revocable Easement Area to
verify its depth or location. If the proposed Improvements cross an existing
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transmission main (16" diameter and above), the Contractor will uncover
the main at the point of intersection with the Improvements, with a Utilities
(Water) Representative on-site during excavation. This excavation will
occur 24 hours prior to start of construction of that portion of the
Improvements that intersect the transmission main.
If the proposed Improvements cross a City Utility, Grantee must maintain a
3-foot vertical separation;however Grantee must maintain a twelve(12)foot
vertical and 5-foot horizontal separation around all water transmission
mains.
Grantee must properly compact backfill around all existing City Utilities in
accordance with all City construction standards, including City Water
Distribution System Standards, paragraph 15(c), and the City Inspector's
request. Contractor must take every precaution to not disturb the soil
surrounding the existing City Utilities, including any and all thrust blocks.
If Contractor's work on the Improvements damages a Waterline, as
determined by the Water Representative, a Water crew must be
immediately allowed access to the Revocable Easement Area to make all
repairs. All City's costs(labor and equipment)associated with the Waterline
repairs will be paid by the Grantee within 30 days after City sends Grantee
an invoice. The Water Representative will determine the extent of damage
to the Waterline and the type of repair necessary.
If Contractor's work on the Improvements damages a City Utility line and
soil or sand enters service lines and causes damage to residential or non-
residential plumbing, Grantee must resolve the damage issue with the
individual owners, including all costs associated with resolution.
e) City Inspectors. While work is being done within the Revocable
Easement Area, including without limitation work around any existing Water
main, Contractor must pay for each City Inspector's time at the Revocable
Easement Area at a daily rate of $301.31 for each day spent inspecting
construction, maintenance, repair, replacement, or relocation of said
Improvements. A half-day-4 or more hours of work- constitutes a whole
working day for purposes of calculation. Any time in excess of 8 hours a
day, or on Saturday, Sunday, and Holidays, is calculated at a daily rate of
$56.49 per hour. Grantee must pay these funds to the appropriate City
Department within the City as allocated by the Director. The daily rate and
overtime charges may be changed by the Director each August 1 based
upon the average wages of the City Inspectors. The new charges will be
on file with the Director.
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t) Drainage, grading, and erosion. Contractor must maintain proper
drainage at all times, including without limitation at the end of each work
day, in all drainage ditches impacted by the construction, maintenance,
repair, replacement, or operation of the Improvements.
After completion of, or in the event of repair or replacement of, the
Improvements Contractor must reshape and grade, and sod if applicable,
drainage ditches to a correct and permanent condition as determined by the
Director. If the drainage ditch is concrete there will be no grading, etc., but
the ditch must be repaired to its previously existing condition as determined
by the Director.
If there is any erosion of roadway or private property due to loss of existing
vegetation along the banks of the drainage ditches, or from any other
condition due to disturbing the soil along the Revocable Easement Area
caused by Grantee relocating, installing,operating, repairing,and replacing
the Improvements, Grantee must resolve the damages issue with the
individual owners, including all costs associated with resolution.
g) Damages to structures. If there is any damage to driveways, culverts,
head walls, and any other structure, public or private, caused by Grantee
relocating, installing, operating, repairing, and replacing the Improvements,
Grantee must resolve the damages issue with the individual owners,
including all costs associated with resolution.
h) Equipment and materials. Grantee may not store or leave overnight
any equipment or material in City property. Grantee's equipment or stock
pile of material on private property, or on City right-of-way during the day,
must not obstruct the vision of vehicles or pedestrians for 500 feet either
direction from a street intersection or driveways onto a street.
i) Aesthetics. To preserve and protect trees, shrubbery, and other
aesthetic features on the street right-of-way and on City property, the
Director may specify the extent and methods of tree removal,tree trimming,
or replacement, and replacement of other aesthetic features, including
specifying the methods of installing the Improvements. The Director will
use due consideration in establishing the value of trees and other aesthetic
features in the proximity of the proposed Improvements and any special
requirements justified by the value of the trees and other aesthetic features.
j) Testing. City Inspector determines when laboratory testing will be
required,the number,location,and frequency of testing. All testing is at the
Contractor's expense.
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Dean Pipeline Company,LLC
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k) Safety. The City Inspector may request any other conditions that
may be required to complete this project in a safe and workmanlike manner.
1) Guarantee. Grantee's workmanship and materials must comply with
all applicable City Standards and all work must be guaranteed by the
Grantee for a one-year period from the date Grantee provides the
reproducible, as-built drawing required by Section 10,to the Director.
m) Notification of Leaks. Grantee must notify Director of any spills and
leaks within the Revocable Easement Area within two business days after
Grantee is aware of the spill or leak. Grantee must pay for all remediation
costs related to its Improvements spills or leaks within the Revocable
Easement Area. Grantee must provide Director a remediation plan that
complies with all applicable federal,state,and local rules and regulations at
the time of discovery of the leak or spill. The City Manager may investigate
the condition and extent of the leaks and spills.
16. City use of Revocable Easement Area. All rights granted Grantee, are
subordinate to all uses as the City may make of such Revocable Easement Area, and
street right-of-ways for public purposes, and any drainage right-of-way for State, County,
or City purposes. Grantee will take full precaution when entering, using, and working
within the Exhibit A and B easement area.
17. Sale of Natural Gas - Restrictions. Grantee is expressly prohibited from
the sale or distribution of natural gas to consumers, whether industrial, commercial or
residential,except AEP (Central Power&Light Company),which consumers are located
within the city limits of the City of Corpus Christi as may be amended from time to time.
It is expressly provided that, as used in this paragraph,the sale of"natural gas"does not
include the intercompany sale or transfer by or between two or more business entities of
fuel gas or fuel in any form used and consumed in the fractionation, heating, distilling,
producing or manufacturing process, of the petro-chemical industry.
It is mutually understood and agreed that this Agreement,as written,covers
all covenants, agreements, and stipulations between the parties and that no
representations or statements, written or oral, have been made modifying, adding to, or
changing the terms hereof, and that any party securing this conveyance on behalf of
Grantee is without authority to make representation, stipulation, covenant or agreement
not herein expressed.
[SIGNATURES ON THE FOLLOWING PAGES]
Revocable Easement
Dean Pipeline Company,LLC TX-NU-0076.10000
10 of 15
Executed this the day of , 2020
GRANTOR
ATTEST: THE CITY OF CORPUS CHRISTI
By:
City Secretary Michael Rodriguez
Chief of Staff
APPROVED AS TO LEGAL FORM:
day of , 2020
By:
As//a City Attorney
CAf Legal Department
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me this day of ,
2020, by Michael Rodriguez, Chief of Staff for the City of Corpus Christi, a Texas
municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
Revocable Easement
Dean Pipeline Company,LLC TX-NU-0076.10000
11 of 15
GRANTEE
The above and foregoing REVOCABLE EASEMENT is accepted this the 9th day
of March , 2020, by Timothy J.Dyk , in their capacity as
Agent and Attorney-in-Fact of Dean Pipeline Company, LLC, the Grantee herein, and
Grantee agrees to keep and perform the conditions imposed by the Revocable Easement.
Dean Pipeline Company
By: /
Name imothy .Dyk
Title: Agent and Attorney-in-Fact
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me this 9th day of March 2020,by
Timothy J.Dyk as Agent and Attorney-in-Fact of Dean
Pipeline Company, LLC who declared that they executed the same for the purposes
therein stated and with proper authority to do so.
N ojary P-3t Iic,State �f T x
o:
�- Marisol S Sanchez �--�
_ My Commission Expires
.• 02/22/2023
ID No.5479082
Revocable Easement
Dean Pipeline Company,LLC TX-NU-0076.10000
12 of 15
EXHIBIT A
TX-NU-0076.10000
DEAN EXPANSION
FIELD NOTES DESCRIPTION
FOR A PROPOSED 30-FOOT WIDE PIPELINE EASEMENT TO BE ACQUIRED
BY DEAN PIPELINE COMPANY,LLC
ACROSS PROPERTY BELONGING TO
CITY OF CORPUS CHRISTI
LOCATED IN THE GREGORIO FARIAS GRANT SURVEY,A-592
NUECES COUNTY,TEXAS
Description of a proposed 30-foot wide pipeline easement across property belonging to City of
Corpus Christi,a called 4.93 acres,more or less,being described in Volume 1370,Page 27 of the
Deed Records of Nueces County,Texas,located in the Gregorio Farias Grant Survey,A-592,
Nueces County,Texas,and described as follows:
Commencing at a found 1/2"iron pipe at the Southeast corner of property belonging to City of
Corpus Christi,thence North 56 degrees 01 minutes 44 seconds West,for a distance of 657.31
feet to the POINT OF BEGINNING,and having coordinates of X=1,270,286.92 and
Y=17,200,539.34,thence along the centerline of the said proposed pipeline easement as follows:
Thence North 03 degrees 30 minutes 16 seconds West,for a distance of 251.11 feet to the
POINT OF ENDING,having coordinates of X=1,270,271.57 and Y=17,200,789.98,which
bears North 55 degrees 55 minutes 24 seconds West,for a distance of 387.28 feet from a found
3/4"rebar on the Northeast line of the property line belonging to City of Corpus Christi at its
intersection with the Northwest line of Loma Alta Road,with a total length of 251.11 feet or
15.22 rods and affecting 0.17 acres.
Temporary Workspace
Temporary workspace being located along,parallel to,and adjacent to a 30-foot wide permanent
easement described herein containing 0.16 acres of land,more or less,as shown on Exhibit"B"
for the construction of the pipeline and appurtenant facilities.
Additional Temporary Workspace
In addition,adjacent to and across any and all highways,roads,streets,railroads,canals,ditches,
streams or other waterways and pipelines and where the bearing of the easement changes,
grantee shall have the right to use additional temporary workspace as shown on Exhibit"B" for
the construction of the pipeline and appurtenant facilities.
All workspaces shown on Exhibit"B"are for construction purposes only and are not a part of the
easement.
Temporary Access Road
Description of a 20-foot wide temporary access road across property belonging to City of Corpus
Christi,a called 4.93 acres,more or less,being described in Volume 1370,Page 27 of the Deed
Records of Nueces County,Texas,located in the Gregorio Farias Grant Survey,A-592,Nueces
County,Texas,and described as follows:
Sheet 1 of 3
Commencing at a found 3/4"rebar at a point on the Northeast line of property belonging to City
of Corpus Christi at its intersection with the Northwest line of Loma Alta Road,thence North 62
degrees 35 minutes 15 seconds West,for a distance of 310.93 feet to the POINT OF
BEGINNING,and having coordinates of X=1,270,316.34 and Y=17,200,716.13,thence along
the centerline of the said temporary access road as follows:
Thence North 16 degrees 29 minutes 35 seconds West,for a distance of 56.81 feet to the POINT
OF ENDING,having coordinates of X=1,270,300.21 and Y=17,200,770.61,with a total length
of 56.81 feet or 3.44 rods and affecting 0.03 acres.
All bearings,distances and coordinates are based on the NAD 83 (2011)Texas South Zone
Coordinate System.The above described centerline of proposed 30-foot wide permanent pipeline
easement is delineated on a plat prepared by C. H.Fenstermaker&Associates,L.L.C.dated
August 18,2019.
OF
'�Q `6�'1RFo'9cS
C-3i Q'
Leroy J.Gary, LS ...?......................:....
LEROY J. QAR..,J..._
Texas RPLS Registration#6264 82;4 0,; Q
C.H.Fenstermaker&Associates,L.L.C. �.1"OpEssko."0
135 Regency Square
Lafayette,LA 70508
337-237-2200 August 18.2019
Texas Firm No. 10028500
Sheet 2 of 3
LINE TABLE ALL WORKSPACES SHOWN ARE
TX-NU-0077.10000 FOR CONSTRUCTION PURPOSES
LINE BEARING DISTANCE CITY OF CORPUS CHRISTI ONLY AND ARE NOT A PART OF Tll
CAUSE NO.71 MINUTES THE EASEMENT.
L1 NOW 30-16"W 251.11' OF COUNTY THE COURT TAR LINE TABLE
LINE BEARING I DISTANCE Imoz
N
Ll N 16°29'35"W56.81' o
POINT OF ENDING �^ m
X- 1,270,271.57 INr{�1m �I
Y= 17,200,789.98 m�T i
POINT OF ENDING I� 1 l
X= 1,270,300.21 I
TX-NU-0076.10000 Y= 17,200,770 61
INSET A
CITY OF CORPUS CHRISTI TX-NU-0076.10070 NOT TO SCALE
CALLED 4.93 ACRES,MORE OR LESS, TEMPORARY
DR VOL.1370,PG.27 \ ACCESS ROAD
NUECES COUNTY,TEXAS (0.03 ACRES)
I ±20'X 56.81'
SEE INSET A TAR
CL PROPOSED EASEMENT POINT OF BEGINNING
\ � X= 1,270,316.34
Y= 17,200,716.13
/FND.1/2" r
REBAR �\ SSSS NORMA ESPARZA
&HUSBAND
RICHARD BARNAR�AN BANHARD
S 0744° � ' 2 3S 7S 3B)2B,
3'
GREGORIO 8?" ��o�
FARIAS GRANT I I ` ADDITIONAL 0
A-592 �� I
1 ` WORKOSPACE
\ X= 1,270,592.35
Y= 17,200,572.99
FIND.3/4"REBAR FND.3/4"
(POINT ON NORTHEAST LINE OF IRON PIPE
Pq9- PROPERTY BELONGING TO
POINT OF BEGINNING
CITY OF CORPUS CHRISTI)
X= 1,270,286.92
Y= 17,200,539.34
TRACT DETAIL tiS6.
NOT TO SCALE 74q
TX-NU-0075.10000
POE JOHN BICKHAM sS��
OPR 2016049127 71
POINT OF COMMENCEMENT
X= 1,270,832.03
Y= 17,200,172.06
POB FIND.1/2"IRON PIPE
(SOUTHEAST CORNER OF
PROPERTY BELONGING TO
CITY OF CORPUS CHRISTI)
POC
FOR THE EXC USIVE USE OF NOTES:
DEAN PIP ANY,LLC 1.THIS EXHIBIT REPRESENTS A PROPOSED EASEMENT/RIGHT-OF-WAY AND COMPLIES
WITH TBPLS MINIMUM STANDARDS OF PRACTICE FOR AN EASEMENT SURVEY.
I,Leroy J. Ovist r ofessional
':......
Land Su ry � 11a£eb��j, hl let is true 2.ALL BEARINGS,DISTANCES,AREAS AND COORDINATES REFER TO THE TEXAS
and c 6pt' he*of ledge. COORDINATE SYSTEM NAD 83(2011),SOUTH ZONE(4205)U.S.SURVEY FEET,GRID,FOR
f 11 SURFACE LINEAR MEASURE DIVIDE BY COMBINED SCALE FACTOR=0.999814473.
LEROY J.. ARY:J 3.PARCEL LINES AS DEPICTED HEREON WERE BASED UPON LIMITED FIELD SURVEY&
DESCRIPTIONS PROVIDED BY ENTERPRISE PRODUCTS,DEAN PIPELINE COMPANY,LLC OR
4 �v" ITS AGENTS.
L 4(,FJr.
Register e 4.PARCEL LIMITS REPRESENTED HEREON MAY NOT BE INCLUSIVE OF ALL PROPERTY
s urveyor
Registl'a .6264 OWNED BY LANDOWNER NOTED.
5.ABSTRACT LINES SHOWN HEREON ARE TAKEN FROM DIGITIZED SOURCES AND MAY NOT
LEGEND REFLECT ACTUAL GROUND LOCATIONS.
—-— SECTION/ABSTRACT LINE 6. FOR ADDITIONAL INFORMATION,SEE ATTACHED LEGAL DESCRIPTION(EXHIBIT"A").
PROPERTY LINE
CL PROPOSED EASEMENT=251.11 FEET(15 22 RODS)
z C PERMANENT EASEMENT =0.17 ACRES EXHIBIT "B" SHEET 3 OF 3
[ _ ] ADD TEMP.WORKSPACE =0.16 ACRES DEAN PIPELINE COMPANY, LLC
m C_] TEMP.ACCESS ROAD =0.03 ACRES DEAN EXPANSION
TOTAL =0.36 ACRES PROPOSED 30-FOOT WIDE PIPELINE EASEMENT
Scale:1"=100' CITY OF CORPUS CHRISTI
NIP= 1 100' 0 50' 100' 251.11 FEET(15.22 RODS)
GREGORIO FARIAS GRANT SURVEY,A-592,NUECES COUNTY,TEXAS
4T"
PROJ.MGR.:JCF REVISIONS
C.H.Fenstermaker&Associates,L.L.C.
FENSTERMAKER 135 Regency Sq.Lafayette,LA 70508 CHIEF INSP.: No,0 DATE:08/18/2019 REVISED BY:SJM
Ph.337-237-2200 Fax.337-232-3299
www.fanstarmakar.com DATE:08/16/2019 No. DATE: REVISED BY
N*mJ' .
Texas Firm No.10028500 FILENAME: T:\201912190379\DWG\ROW FILES\NUECES\TX-NU-0076.10000.dwg
EXHIBIT C
INSURANCE REQUIREMENT'S
1. GRANTEE'S LIABILITY INSURANCE
A_ Grantee must not commence work under this agreement until all insurance required herein
has been obtained and such insurance has been approved by the City. Grantee must not
allow any subcontractor to commence work until all similar insurance required of the
subcontractor has been obtained.
B. Grantee must furnish a copy of the Certificates of Insurance with applicable policy
endorsements, showing the following minimum coverage by insurance company(s)
acceptable to the City's Risk Manager.The City must be listed as an additional insured for
the General Liability and Auto Liability policies and a blanket waiver of subrogation is
required on all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30 day written notice of cancellation is Bodily Injury and Property Damage
required on all certificates or by policy Per occurrence- aggregate
endorsement
COMMERCIAL GENERAL,LIABILITY $1,000,000 Per Occurrence
(including): $2,000,000 Aggregate
1. Commercial Broad Form
2. Premises—Operations
3. Underground Hazard(if applicable)
4. Products/ Completed Operations
Hazard
5. Contractual Liability
6. Independent Contractor
7. Personal Injury/Advertising Injury
8. Sudden & Accidental Pollution
Liability
UMBRELLA/EXCESS LIABILITY $10,000,000 Per Occurrence
$10,000,000 Aggregate
AUTOMOBILE LIABILITY $1,000,000 COMBINED SINGLE LIMIT
1. Owned Vehicles
2. Hired and Non-owned Vehicles
WORKERS'COMPENSATION Which Complies With The Texas Workers'
All States Endorsement is Required if Not Compensation Act
Domiciled in Texas
EMPLOYERS'LIABILITY $500,000/$500,000/$500,000
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C. In the event of accidents of any kind, Grantee must furnish the Risk Manager with copies
of all reports related to this permit of such accidents within 10 days of any accident.
II. ADDITIONAL REQUIREMENTS
A. Grantee must obtain workers' compensation coverage through a licensed insurance
company in accordance with Texas law. The contract for coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The coverage
provided must be in amounts sufficient to assure that all workers'compensation obligations
incurred will be promptly met. An"All States"endorsement shall be required if Grantee
is not domiciled in Texas.
B. Grantee shall obtain and maintain in full force and effect for the duration of this Contract,
and any extension hereof, at Grantee's sole expense, insurance coverage written on an
occurrence basis, by companies authorized and admitted to do business in the State of
Texas and with an A.M.Best's rating of no less than A-VII.
C. The City shall be entitled, upon request and without expense, to receive copies of the
policies,declarations page and all endorsements thereto as they apply to the limits required
by the City. Grantee shall be required to comply with any such requests and shall submit
a copy of the replacement certificate of insurance to City at the address provided below
within 10 days of the requested change.Grantee shall pay any costs incurred resulting from
said changes.All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn:Risk Management
P.O.Box 9277
Corpus Christi,TX 78469-9277
(361)826-3980
D. Grantee agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• Name the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement or comparable policy language, as
respects operations, completed operations and activities of, or on behalf of, the named
insured performed under contract with the City, with the exception of the workers'
compensation and professional liability polices;
• Provide for an endorsement that the"other insurance"clause shall not apply to the City of
Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City;and
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• Provide thirty(30)calendar days advance written notice directly to City of any suspension,
cancellation, non-renewal or material change in coverage, and not less than ten (10)
calendar days advance written notice for nonpayment of premium.
E. Within five(5)calendar days of a suspension,cancellation,or non-renewal of coverage,
Grantee shall provide a replacement Certificate of Insurance and applicable endorsements
to City.City shall have the option to suspend Grantee's performance should there be a lapse
in coverage at any time during this contract.Failure to provide and to maintain the required
insurance shall constitute a material breach of this agreement.
F. In addition to any other remedies the City may have upon Grantee's failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein
required,the City shall have the right to order Grantee to stop work hereunder until Grantee
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Grantee may be held responsible for payments of damages to persons or property resulting
from Grantee's or its subcontractor's performance of the work covered under this
agreement.
H. It is agreed that Grantee's insurance shall be deemed primary and non-contributory with
respect to any insurance or self insurance carried by the City of Corpus Christi for liability
arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this agreement.
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1/30/2020 ds Risk Mgmt.
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REVOCABLE EASEMENT
(Dean Pipeline Company,LLC—TX-NU-0077.10000)
THE STATE OF TEXAS§
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES §
That,the CITY OF CORPUS CHRISTI, a Texas home-rule municipal corporation,
P.O. Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, ("Grantor") acting
by its duly authorized City Manager,or designee,("City Manager")in consideration of the
sum of Ten Dollars ($10.00) to it in hand paid by DEAN PIPELINE COMPANY, LLC, a
Texas limited liability company,whose address is 1100 Louisiana, Suite 1000, Houston,
Texas 77022 ("Grantee"), the receipt of which is acknowledged, and the further
consideration of"Grantee"complying with the City's Hazardous Substances,Liquids,and
Gas Pipelines and Distribution System Ordinance, Article VII Chapter 35 Code of
Ordinances,and City's pipeline ordinance,Article VII Chapter 49 Code of Ordinances,as
amended, has GRANTED, SOLD, AND CONVEYED, and by these presents does
GRANT, SELL, AND CONVEY, upon the conditions hereinafter stated unto the said
DEAN PIPELINE COMPANY, LLC, a non-exclusive thirty-foot (30') wide easement
together with the right to install, operate, repair, replace, relocate and maintain one
pipeline, not to exceed eight(8) inches in diameter, together with appurtenant facilities
including, but not limited to, valves, meters, regulators, cathodic protection, pigging
facilities, test leads, and aerial markers for the transportation of natural gas, gaseous
products, crude oil, and other hydrocarbons or minerals, whether in gaseous or liquid
form, across, under and upon the land owned by Grantor described and shown on the
attached Exhibit A and Exhibit B.
TO HAVE AND TO HOLD the same unto the Grantee its successors and assigns,
together with the right to enter upon Grantor's tract of land as described and shown on
the attached and incorporated Exhibits "A" and "B", for the purpose of relocating,
installing, operating, repairing, replacing, and maintaining said Improvements under the
following conditions.
1. Definitions:
a) City means the City of Corpus Christi, a Texas home-rule municipal
corporation.
b) Grantor means City, and may be used interchangeably with City.
c) City Manager means the City's City Manager or his designee.
d) Director means City's Director of Engineering Services or his designee.
e) Risk Manager means City's Director of Risk Management or his
designee.
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f) City Attorney means City's City Attorney or his designee.
g) Grantee means Dean Pipeline Company, LLC.
h) Improvements means one pipeline not to exceed eight (8) inches in
diameter, together with appurtenant facilities including, but not limited to,
valves,meters, regulators,cathodic protection, pigging facilities,test leads,
and aerial markers all within City property.
i) Contractor means Grantee's agent to construct, maintain, replace,
repair, or remove the Improvements.
j) Exhibit"A" means the description of the Grantor's land and Exhibit "B"
means the survey map showing the location where the Improvements enter
or cross City property.
k) City Utilities means the City's Water,Wastewater, Storm Water and Gas
divisions.
1) Franchisees' Preexisting Improvements means those improvements
owned or operated by a franchise or licensee of the City that were in place
prior to the Improvements installed under this Revocable Easement.
m) Utilities Representative means the applicable City Utilities
representative that needs to be notified (1)prior to routine construction or
repair work or (2) prior to or concurrently with emergency repair work.
During routine relocation, installation, operation, repair, replacement, and
maintenance work the Utilities Representative will be the appropriate Water,
Wastewater, Storm Water or Gas division foreman on duty. The City has
Water,Wastewater, and Gas crews on duty or on-call 24 hours a day, 365
days a year. The Water Representative, the Wastewater Representative,
the Gas Representative,and the Drainage Representative is the respective
name for each division's authorized representative as set out above, and
collectively called the Utilities Representative.
in) Franchisee's Representative means the representative of a City
franchisee or licensee that has preexisting Improvements within 2-feet of
the proposed Improvements that need to be notified (1) prior to routine
construction or repair work or (2) prior to or concurrently with emergency
repair work. During routine installation, maintenance, or repair work each
franchisee's or licensee's representative (e.g. the SWBT Representative,
the AEP Representative) will be contacted. The franchisee and licensee
representatives are collectively called Franchisee's Representative.
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o) City Inspector means that person acting on behalf of a City Utility or the
City Street Department inspecting the relocation, installation, operation,
repair, replacement, and maintenance of the Improvements.
p) Revocable Easement Area means that portion of City property upon
which the Improvements will be installed,operated,repaired, replaced, and
maintained.
2. Construction Standards. All work proposed by Grantee to install, repair,
or replace the Improvements will equal or exceed Department of Transportation Pipeline
Safety Standards as applicable (Title 49, Code of Federal Regulations, Part 192 -
Transportation of Natural and other Gas by Pipeline, or Part 195 -Transportation of
Liquids by Pipeline - latest revision) for the transportation of gas or liquids by the
Improvements.
3. Compliance with Laws. In installing, operating, maintaining, repairing, or
replacing the Improvements Grantee must comply with all applicable Federal, State,
County, and City laws and ordinances, and all amendments thereto, and secure all
necessary permits from the appropriate agencies, including but not limited to, City Code
of Ordinances Chapter 35, Article VII, which provides for emergency response
coordination for pipelines transporting hazardous substances, liquids, and gases,
including information reporting requirements for existing and new pipelines.
4. Depth Limits and Water Transmission Pipeline Clearances. Grantee must
install, replace, repair, and maintain the Improvements so that no portion of the pipeline
will be any shallower than 36-inches from existing ground or roadway pavement. Grantee
will also maintain a minimum of twelve (121 feet clearance between Grantee's pipelines
and any City water transmission pipelines. Grantee must notify the Texas One-Call for
utility locations in the Revocable Easement Area at least 48 hours prior to the start of
construction.
5. Crossing or Ditch Requirements. Prior to any repair or replacement of the
Improvements,Grantee must provide protection at all road crossings or ditches, by either
casing,extra pipe wall thickness,concrete jacketed pipe,or other means approved by the
Railroad Commission or Federal D.O.T. as applicable, and Grantee must identify the
method on the construction plans.
Grantee will maintain a minimum clearance of ten (10') feet between Grantee's
pipeline and any existing concrete lined drainage channels located on Grantor's property.
6. Operating Pressure. Grantee's maximum operating pressure for the
Improvements must not exceed design limitations as set forth in the Railroad Commission
or Federal D.O.T. regulations for the size and type of line to be installed and operated.
7. 60 Day Revocation. Grantee understands and agrees that the right and
easement herein granted may be revoked at any time by the City of Corpus Christi acting
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through its City Manager, and Grantee may be required to remove the Improvements at
Grantee's sole expense upon 60 days' notice in writing. If Grantee is in violation of
Department of Transportation or Railroad Commission laws, rules,or regulations, or City
ordinances, Grantee will be given written notice of the violation and 30 days from receipt
of such notice to commence to cure the stated violations,within the overall 60 day period.
If after the 30 day cure period has expired and Grantee has not cured the violations,this
Revocable Easement may be revoked and Grantee may be required to remove the
Improvements upon 30 days' notice in writing: provided however that if Grantee has
commenced to cure the stated violation but has not completed same with the 30 day cure
period, Grantee may proceed to cure such violation and this Revocable Easement shall
not be revoked.
8. Improvements Markers. Grantee will place markers at the points where
such Improvements enter or leave a public street or drainage right-of-way or other City
property. Such markers must be of permanent construction bearing Grantee's name and
emergency telephone number and placed on the edge of the public right-of-way.
9. Assignability. This Revocable Easement,and all its terms and conditions,
bind and inure to the benefit of Grantor and Grantee and their respective lessees,
licensees, successors, and assigns. Grantee may assign this Revocable Easement to
any person,firm,corporation, partnership,or other entity,with the prior written consent of
Grantor's City Manager, which consent will not be unreasonably withheld. Any
assignment must provide that the assignee unconditionally assumes all the duties and
obligations of assignor upon the same terms and conditions as set out in this Revocable
Easement, which assumption of duties and obligations is partial consideration for
Grantor's consent to the assignment.
10. Construction Drawings&As-Builts. Grantee must provide Director with a
set of construction plans for all work proposed for the Improvements located within the
Revocable Easement Area, one month prior to the start of construction, for Director's
review and approval. The plans will tie the centerline of the proposed Improvements to
the centerline of the Revocable Easement Area. Any centerline improvements will also
be tied to the existing utility centerlines. The Grantee must provide the Director with a
complete depth profile, distance, and location of its Improvements from existing City
utilities, other franchised utilities, and other pipelines, that fall within the Revocable
Easement Area. The Grantee is advised that centerline of proposed Improvements must
have a minimum centerline to centerline horizontal distance as shown in the table below:
Water -60" TimeWarner - 12" KMC - 12"
Wastewater -18" SWB/AT&T - 12" ICG - 12"
Gas - 181, AEP(CPL) - 12" Grande(ClearSource)- 12"
Storm Water - 18" ESPIRE - 12" Caprock - 12"
The Grantee must provide the Director with a 11 x 17 " size reproducible set of as-built
drawings of the Improvements within 60 days after completion of construction; failure to
do so may result in Grantee's Revocable Easement being forfeited by the City.
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11. Insurance. The Grantee must not commence work under this Agreement
until it and its Contractor have obtained through self-insurance or insurance policies
required herein and proof of such insurance as evidenced by the Certificate of Insurance
has been submitted to and approved by the Risk Manager. The required type and amount
of required insurance coverage is specified in the attached and incorporated Exhibit"C".
The Grantee and its Contractor, if any, must have and maintain Commercial General
Liability Insurance during the entire construction phase of the project. When construction
is finished and the Improvements completed the Grantee must have and maintain
Commercial General Liability Insurance through self-insurance or insurance policies for
the entire duration of this Revocable Easement and for so long as Grantee's
Improvements are located in or upon property of the Grantor. This provision shall survive
termination or expiration of this Revocable Easement.
The contractual liability portion of this insurance must be broad enough to cover the
indemnity agreement in this Agreement. Such policies of insurance must include the City
as an additional insured with respect to any liability arising out of the Grantee's and its
Contractor's use or maintenance of the Improvements in the Revocable Easement Area.
The insurance policies specified must include an endorsement stating that the insurance
company(ies) must give the Director 30 days written notice by certified mail, before any
policy covered thereby is canceled, not renewed, or materially changed. Copies of all
insurance policies from Grantee and Contractor must be provided to City Attorney within
30 days after City Manager's reasonable written request therefor.
Grantee and Contractor, if applicable, must provide copies of all insurance policies to the
City Attorney within 30 days of the City Manager's reasonable request therefor if an
incident-relating to the Improvements or Grantee's operations hereunder-occurs that
reasonably appears to be covered by such insurance. If such copies are requested and
provided, Grantee may mark the information in Grantee's policies that Grantee believes
is confidential or proprietary. If City is requested to provide all or part of Grantee's
insurance policies to third parties, City will timely forward the records to the Attorney
General for a determination whether the records are"Public Information"under the Texas
Pubic Information Act. City will contemporaneously notify Grantee of the open records
request so that Grantee may participate in any available procedures and take steps it
believes necessary to protect the nature of the confidential or proprietary information.
12. Indemnity. Grantee must fully indemnify the City of Corpus Christi,
its officers, employees and agents ("Indemnitees") against any and all liability,
damage, loss claims,demands, and actions of any nature whatsoever on account
of personal injuries(including without limitation,workers compensation and death
claims),or property loss or damage of any kind,or any other kind of damage which
arise or are claimed to arise out of or in connection with the Grantee's or Grantee's
officers', agents', and/or employees' ("Grantee's Agents") and/or Grantee's
contractors'negligent acts or omissions or acts of intentional or willful misconduct
in their respective installing or marking of the Improvements or other construction,
operation, maintenance, repair, control, or use of the Improvements or the
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Revocable Easement Area, including but not limited to,those damages arising out
of Indemnitees' intentional or negligent acts in cutting or causing to be cut the
Improvements during installation, repair, replacement, maintenance, or operation
of City utilities located in or adjacent to the Revocable Easement Area; and
including but not limited to those damages arising out of the Grantee's or Grantee's
Agents'intentional or negligent acts in cutting or causing to be cut City utility lines
during Grantee's or Grantee's Agents' or Grantee's contractors' use of the
Revocable Easement Area. This provision shall continue so long as Grantee's
Improvements are located on City property.
13. Repairs to City's Improvements or Franchisees'Preexisting Improvements.
Grantee will repair, or cause to be repaired, any damage its construction, operation,
repair, relocation, replacement or maintenance of the Improvements causes to a City
street,sanitary sewer,storm sewer,gas,drainage facility,or to a Franchisees'Preexisting
Improvements if the City Improvements or Franchisees' Preexisting Improvements were
in place prior to Grantee's initial installation of the Improvements.
14. Abandonment of pipeline. Grantee may leave abandoned pipe in place
unless the Director requires the Grantee to remove the abandoned pipe to facilitate city
operations or protect the public safety. Upon notice from the Director, Grantee shall
promptly remove the specified abandoned Improvement. If a Grantee abandons
Improvements, the Grantee remains responsible for the safe condition of the
Improvements after the pipe is abandoned.The City will not assume ownership or control
over the abandoned Improvements, and the City assumes no responsibility for their
maintenance and safety,unless the City in writing accepts a particular facility. Subsection
49-97(e) of the City Code of Ordinances continues to apply to any pipe, facilities and
appurtenances not removed by Grantee after abandonment. If Grantee removes any
pipe, facilities or appurtenances, the Grantee shall restore the City property, at the sole
cost of the Grantee, under subsection 49-97(c)of the City Code of Ordinances.
15. General Conditions.
a) Recordation. Grantee,at Grantee's expense,will record the Revocable
Easement at the Office of the County Clerk, Nueces County Courthouse
and Grantee will provide a recorded copy to Grantor.
b) Notification and Verification. Contractor must verify depth and locations
of City Utilities, and all Franchisees' Preexisting Improvements in or near
the Revocable Easement Area 48 hours prior to commencing any routine
construction or repair work, other than bona fide emergency repairs which
must be reported to the appropriate Utilities Representative(s), the Street
Superintendent, and the appropriate Franchisee's Representative(s)
immediately upon Grantee's knowledge of the need for repairs.
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The Utility Representatives, the Street Superintendent, and the
Franchisee's Representatives may have a representative present during
Grantee's construction, repair, or emergency repair operations.
c) Permit. 48 hours prior to commencing any routine construction or
repair work, and by 9 a.m. the next work day for emergency repairs, the
Grantee will apply to the Director or his designee for a permit before
disturbing part of the Revocable Easement Area. Grantee must perform the
work in accordance with the permit and all applicable federal, state, and
local laws and regulations.
Contractor must not leave trenches or pits in the Revocable Easement Area
open overnight unless Contractor provides adequate safety and security
devices to prevent possible injuries or accidents. All trenches or pits must
be backfilled as soon as possible, the backfill properly compacted, the
surface restored, and the work all done in a neat and workmanlike manner.
No bore pits may be left open longer than 14 calendar days regardless of
location. Barrel type barricades will be placed adjacent to all pits.
At a minimum the following items will be included in the permit:
i) Bore. Grantee's pipelines crossing the Revocable Easement Area
will be dry or slick bored. Wet or slick bore may be approved by the
Director if the Grantee will provide the Director or"Designee"sufficient
and satisfactory soil analysis information to support the wet bore.
ii) Open-Cut. Grantee or its Contractor must saw cut any existing
concrete and asphalt down to sub-base, and replace with new concrete
or asphalt. The pavement repair must consist of 5-inches of compacted
Hot Mix Asphalt Concrete(HMAC)Type D to be placed in two lifts, i.e.,
3-inches and 2-inches or two lifts of 2.5-inches. The HMAC pavement
must extend over the existing base for a width of 12-inches on either
side of trench cut. Subgrade will be trenched with some prime coat MC-
70 at 0.15 gal./sy. Final backfill shall consist of cement stabilized sand
containing a minimum of 2 sacks of Standard Type I Portland cement
per cubic yard of sand in street right-of-way where asphalt concrete
pavement has been cut and surface. Pavement will be restored as
described five feet on each side of cut centerline,such that no settlement
will occur in roadway area. Grantee will encase the Improvements in
sand,with a minimum of 8-inches around the Improvements.
d) Uncovering City Utilities. A City Inspector has the authority to request
Contractor to uncover a Utility Line in the Revocable Easement Area to
verify its depth or location. If the proposed Improvements cross an existing
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transmission main (16" diameter and above), the Contractor will uncover
the main at the point of intersection with the Improvements, with a Utilities
(Water) Representative on-site during excavation. This excavation will
occur 24 hours prior to start of construction of that portion of the
Improvements that intersect the transmission main.
If the proposed Improvements cross a City Utility, Grantee must maintain a
3-foot vertical separation;however Grantee must maintain a twelve(12)foot
vertical and 5-foot horizontal separation around all water transmission
mains.
Grantee must properly compact backfill around all existing City Utilities in
accordance with all City construction standards, including City Water
Distribution System Standards, paragraph 15(c), and the City Inspector's
request. Contractor must take every precaution to not disturb the soil
surrounding the existing City Utilities, including any and all thrust blocks.
If Contractor's work on the Improvements damages a Waterline, as
determined by the Water Representative, a Water crew must be
immediately allowed access to the Revocable Easement Area to make all
repairs. All City's costs(labor and equipment)associated with the Waterline
repairs will be paid by the Grantee within 30 days after City sends Grantee
an invoice.The Water Representative will determine the extent of damage
to the Waterline and the type of repair necessary.
If Contractor's work on the Improvements damages a City Utility line and
soil or sand enters service lines and causes damage to residential or non-
residential plumbing, Grantee must resolve the damage issue with the
individual owners, including all costs associated with resolution.
e) City Inspectors. While work is being done within the Revocable
Easement Area,including without limitation work around any existing Water
main, Contractor must pay for each City Inspector's time at the Revocable
Easement Area at a daily rate of $301.31 for each day spent inspecting
construction, maintenance, repair, replacement, or relocation of said
Improvements. A half-day-4 or more hours of work- constitutes a whole
working day for purposes of calculation. Any time in excess of 8 hours a
day, or on Saturday, Sunday, and Holidays, is calculated at a daily rate of
$56.49 per hour. Grantee must pay these funds to the appropriate City
Department within the City as allocated by the Director. The daily rate and
overtime charges may be changed by the Director each August 1 based
upon the average wages of the City Inspectors. The new charges will be
on file with the Director.
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0 Drainage, grading, and erosion. Contractor must maintain proper
drainage at all times, including without limitation at the end of each work
day, in all drainage ditches impacted by the construction, maintenance,
repair, replacement, or operation of the Improvements.
After completion of, or in the event of repair or replacement of, the
Improvements Contractor must reshape and grade, and sod if applicable,
drainage ditches to a correct and permanent condition as determined by the
Director. If the drainage ditch is concrete there will be no grading, etc., but
the ditch must be repaired to its previously existing condition as determined
by the Director.
If there is any erosion of roadway or private property due to loss of existing
vegetation along the banks of the drainage ditches, or from any other
condition due to disturbing the soil along the Revocable Easement Area
caused by Grantee relocating, installing,operating,repairing,and replacing
the Improvements, Grantee must resolve the damages issue with the
individual owners, including all costs associated with resolution.
g) Damages to structures. If there is any damage to driveways, culverts,
head walls, and any other structure, public or private, caused by Grantee
relocating, installing,operating, repairing, and replacing the Improvements,
Grantee must resolve the damages issue with the individual owners,
including all costs associated with resolution.
h) Equipment and materials. Grantee may not store or leave overnight
any equipment or material in City property. Grantee's equipment or stock
pile of material on private property, or on City right-of-way during the day,
must not obstruct the vision of vehicles or pedestrians for 500 feet either
direction from a street intersection or driveways onto a street.
i) Aesthetics. To preserve and protect trees, shrubbery, and other
aesthetic features on the street right-of-way and on City property, the
Director may specify the extent and methods of tree removal,tree trimming,
or replacement, and replacement of other aesthetic features, including
specifying the methods of installing the Improvements. The Director will
use due consideration in establishing the value of trees and other aesthetic
features in the proximity of the proposed Improvements and any special
requirements justified by the value of the trees and other aesthetic features.
j) Testing. City Inspector determines when laboratory testing will be
required,the number,location,and frequency of testing. All testing is at the
Contractor's expense.
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k) Safety. The City Inspector may request any other conditions that
may be required to complete this project in a safe and workmanlike manner.
I) Guarantee. Grantee's workmanship and materials must comply with
all applicable City Standards and all work must be guaranteed by the
Grantee for a one-year period from the date Grantee provides the
reproducible, as-built drawing required by Section 10,to the Director.
m) Notification of Leaks. Grantee must notify Director of any spills and
leaks within the Revocable Easement Area within two business days after
Grantee is aware of the spill or leak. Grantee must pay for all remediation
costs related to its Improvements spills or leaks within the Revocable
Easement Area. Grantee must provide Director a remediation plan that
complies with all applicable federal,state,and local rules and regulations at
the time of discovery of the leak or spill. The City Manager may investigate
the condition and extent of the leaks and spills.
16. City use of Revocable Easement Area. All rights granted Grantee, are
subordinate to all uses as the City may make of such Revocable Easement Area, and
street right-of-ways for public purposes, and any drainage right-of-way for State, County,
or City purposes. Grantee will take full precaution when entering, using, and working
within the Exhibit A and B easement area.
17. Sale of Natural Gas-Restrictions. Grantee is expressly prohibited from
the sale or distribution of natural gas to consumers, whether industrial, commercial or
residential,except AEP(Central Power&Light Company),which consumers are located
within the city limits of the City of Corpus Christi as may be amended from time to time.
It is expressly provided that, as used in this paragraph,the sale of"natural gas"does not
include the intercompany sale or transfer by or between two or more business entities of
fuel gas or fuel in any form used and consumed in the fractionation, heating, distilling,
producing or manufacturing process, of the petro-chemical industry.
It is mutually understood and agreed that this Agreement,as written,covers
all covenants, agreements, and stipulations between the parties and that no
representations or statements, written or oral, have been made modifying, adding to, or
changing the terms hereof, and that any party securing this conveyance on behalf of
Grantee is without authority to make representation, stipulation, covenant or agreement
not herein expressed.
[SIGNATURES ON THE FOLLOWING PAGES]
Revocable Easement 11
Dean Pipeline Company,LLC TX-NU-0078.10000
10 of 15
Executed this the day of , 2020
GRANTOR
ATTEST: THE CITY OF CORPUS CHRISTI
By:
City Secretary Michael Rodriguez
Chief of Staff
APPROVED AS TO LEGAL FORM:
day of Q (/� 2020
By:
A Istant City Attorney
City Legal Department
THE STATE OF TEXAS§
COUNTY OF NUECES §
This instrument was acknowledged before me this day of ,
2020, by Michael Rodriguez, Chief of Staff for the City of Corpus Christi, a Texas
municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
Revocable Easement
Dean Pipeline Company,LIC TX-NU-0017.10000
11 of 15
GRANTEE
The above and foregoing REVOCABLE EASEMENT is accepted this the 9th day
of March , 2020, by_-Timothy J.Dyk , in their capacity as
Agent and Attorney-in-Fact of Dean Pipeline Company, LLC, the Grantee herein, and
Grantee agrees to keep and perform the conditions imposed by the Revocable Easement.
Dean Pipeline Compa C
By:
Name: T' othy J.Dyk
/11
Title: Agent and Attorney-in-Fact
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me this 9th day of March 2020,by
Timothy J.Dyk as Agent and Attorney-in-Fact of Dean
Pipeline Company, LLC who declared that they executed the same for the purposes
therein stated and with proper authority to do so.
W ,
Wry Public,' tat Telolk
i
v Marisol S Sanchez
k? My Commission Expires
v
k?" My
02/22/2023
��lt p'FS ID No.5479092
Revocable Easement
Dean Pipeline Company,LLC TX-NU-0071.10000
12 of 15
EXHIBIT A
TX-NU-0077.10000
DEAN EXPANSION
FIELD NOTES DESCRIPTION
FOR A PROPOSED 30-FOOT WIDE PIPELINE EASEMENT TO BE ACQUIRED
BY DEAN PIPELINE COMPANY,LLC
ACROSS PROPERTY BELONGING TO
CITY OF CORPUS CHRISTI
LOCATED IN THE GREGORIO FARIAS GRANT SURVEY,A-592,
NUECES COUNTY,TEXAS
Description of a proposed 30-foot wide pipeline easement across property belonging to City of
Corpus Christi,a called 13.963 acres,more or less,located in the Gregorio Farias Grant Survey,
A-592,Nueces County,Texas and described as follows:
Commencing at a found 1/2"iron rod at the Southeast corner of property belonging to City of
Corpus Christi,thence North 33 degrees 56 minutes 59 seconds East,for a distance of 0.35 feet
to the POINT OF BEGINNING,and having coordinates of X=1,270,271.54 and
Y=17,200,790.43,thence along the centerline of the said proposed pipeline easement described
as follows:
Thence North 03 degrees 30 minutes 16 seconds West,for a distance of 180.88 feet to a point;
Thence North 28 degrees 35 minutes 20 seconds East,for a distance of 425.84 feet to a point;
Thence North 09 degrees 31 minutes 19 seconds West,for a distance of 90.42 feet to a point;
Thence North 23 degrees 48 minutes 03 seconds East,for a distance of 187.85 feet to the
POINT OF ENDING,having coordinates of X=1,270,525.11 and Y=17,201,605.94,which
bears North 56 degrees 06 minutes 29 seconds West,a distance of 245.09 feet from a found 3/4"
iron pipe at the Northeast corner of property belonging to City of Corpus Christi,with a total
length of 884.99 feet or 53.64 rods and affecting 0.60 acres.
Temporary Workspace
Temporary workspace being located along,parallel to,and adjacent to a 30-foot wide permanent
easement described herein containing 1.26 acres of land,more or less,as shown on Exhibit"B"
for the construction of the pipeline and appurtenant facilities.
Additional Temporary Workspace
In addition,adjacent to and across any and all highways,roads,streets,railroads,canals,ditches,
streams or other waterways and pipelines and where the bearing of the easement changes,
grantee shall have the right to use additional temporary workspace as shown on Exhibit"B"for
the construction of the pipeline and appurtenant facilities.
All workspaces shown on Exhibit"B"are for construction purposes only and are not a part of the
easement.
Temporary Access Road
Description of a 20-foot wide temporary access road across property belonging to City of Corpus
Christi,a called 13.963 acres,more or less,located in the Gregorio Farias Grant Survey,A-592,
Nueces County,Texas and described as follows:
Segment 1
Commencing at a found 3/4"iron pipe at the Northeast corner of property belonging to City of
Corpus Christi,thence North 56 degrees 06 minutes 29 seconds West,for a distance of 190.16
feet to the POINT OF BEGINNING,and having coordinates of X=1,270,570.71 and
Y=17,201,575.30,thence along the centerline of the said temporary access road described as
follows:
SHEET 1 OF 3
Thence South 18 degrees 05 minutes 49 seconds West,for a distance of 82.27 feet to the POINT
OF ENDING,having coordinates of X=1,270,545.15 and Y=17,201,497.11,with a total length
of 82.27 feet or 4.99 rods and affecting 0.04 acres.
Segment 2
Commencing at a found 3/4"iron pipe at the Northeast corner of property belonging to City of
Corpus Christi,thence South 47 degrees 26 minutes 48 seconds West,for a distance of 383.92
feet to the POINT OF BEGINNING,and having coordinates of X=1,270,445.74 and
Y=17,201,209.63,thence along the centerline of the said temporary access road described as
follows:
Thence South 24 degrees 03 minutes 10 seconds West,for a distance of 342.70 feet to a point;
Thence South 14 degrees 44 minutes 32 seconds West,for a distance of 50.95 feet to a point;
Thence South 03 degrees 30 minutes 16 seconds East,for a distance of 22.92 feet to the POINT
OF ENDING,having coordinates of X=1,270,294.50 and Y=17,200,824.53,with a total length
of 416.57 feet or 25.24 rods and affecting 0.19 acres,resulting in a combined total length of
498.84 feet or 30.23 rods and affecting 0.23 acres
All bearings,distances and coordinates are based on the NAD 83(2011)Texas South Zone
Coordinate System.The above described centerline of proposed 30-foot wide permanent pipeline
easement is delineated on a plat prepared by C.H.Fenstermaker&Associates,L.L.C.dated
August 17,2019.
A���aO EAE+9
w.,
yREX..... S�
:.49.6.2 P:'Q
�••••,OF g\�?yam
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Rd R.Jo
Texas RPLS Registration#6024
C.H.Fenstermaker&Associates,L.L.C.
135 Regency Square
Lafayette,LA 70508
337-237-2200
Texas Firm No. 10028500
SHEET 2 OF 3
/ TX-NU-0077.10000
CITY OF CORPUS CHRISTI
CALLED 13.963 ACRES,MORE OR LESS,
NUECES COUNTY,TEXAS
POINT OF ENDING POE
tt 1 S
X= 1,270,525.11 TAR(SEGMENT 1)
/�y y,� /�/ Y= 17,201,605.94 POINT OFBDE501NNING
BEGINNING
TAR( EGMENT 1) Y= 17,201,575.30
POINT OF ENDING TX-NU-0077.10070
X= 1,270,545.15 SEGMENT 1
Y= 17,201,497.11 / TEMPORARY POC POB
ACCESS ROAD
ADDITIONAL A5 ' ! tiso (0.04 ACRES) TRACT DETAIL
TEMPORARY �\� ;, sps±20'X 82.27' NOT TO SCALE
INSET B WORKSPACE /'�ti�v/ tiS?AS099� POINT OF COMMENCEMENT
NOT TO SCALE X= 1,270,728.56
,'x ,' � •+ 790 ' Y= 17,201,469.27
g i of 725, 7s', FND.3/4"IRON PIPE
7S• �i� (NORTHEAST CORNER OF
7S, \ ( , 4' PROPERTY BELONGING TO CITY
OF CORPUS CHRISTI)
y�g ��2= CL TEMPORARY ACCESS ROAD
N
ADDITIONAL
TEMPORARY
��� SEE INSET B j 'y\ 1 �°j� WORKSPACE
/Q01 Q�p4 j 199, j 7.X' TAR(SEGMENT 2) TX-NU-0076.10000
11 POINT OF BEGINNING CITYOF CORPUS CHRISTI
INSET A `J' X= 1,270,445.74 DR VOL.1370,PG.27
NOT TO SCALE ��
j / Y= 17,201,209.63
ALL WORKSPACES SHOWN ARE FOR �! ! / / CL PROPOSED EASEMENT GREGOR/O
'� � / TX-NU-0077.10070
CONSTRUCTION PURPOSES ONLY AND ( j j / / SEGMENT2 FARIAS GRANT
ARE NOT A PART OF THE EASEMENT. TEMPORARY ACCESS ROAD
I / v (0.19 ACRES)±20'X 416.57' A-592
CL TEMPORARY ACCESS ROAD
<� i TAR(SEGMENT 2)
60' / POINT OF ENDING LINE TABLE
ADDITIONAL
TEMPORARY J X= 1,270,294.50 LINE BEARING DISTANCE
WORKSPACE v Y= 17,200,824.53
L1 NO3'30'16"W 180.88'
SEE INSET A
L2 N28"35'20"E 425.84'
N33"56'59"E-0.35' Bq'1'O
POINT OF COMMEN EMENT R�C�y�ti -v L3 N09°31'19"W 90.42'
X= 1,270,271.34V gROAO y°qj L4 N23"48'03"E 187.85'
Y= 17,200,790.13 l9 GS, lq
FND.1/2"IRON RODB e9 TAR SEGMENT 1 LINE TABLE
(SOUTHEAST CORNER OF wi�'-9,Q
PROPERTY BELONGING TO LINE BEARING DISTANCE
O
CITY OF CORPUS CHRISTI) POINT OF BEGINNING Lt S 18°05'49"W 82.27'
X= 1,270,271.54
Y= 17,200,790.43 TAR SEGMENT 2 LINE TABLE
TX-NU-0076.10000 LINE BEARING DISTANCE
CITY OF CORPUS CHRISTI L2 S 24'03'10"W 342.70'
DR VOL.1370,PG.27 L3 S 14"44'32"W 50.95'
L4 S 03°30'16"E 22.92'
FORFFY OF
DEA r 5 LC NOTES:
I,Rex J(3 rR sf ional 1.THIS EXHIBIT REPRESENTS A PROPOSED EASEMENT/RIGHT-OF-WAY AND COMPLIES
Land Su a•,•do herr state I is is true WITH TBPLS MINIMUM STANDARDS OF PRACTICE FOR AN EASEMENT SURVEY.
and fBL'CYs�o �nowl e. 2.ALL BEARINGS,DISTANCES,AREAS AND COORDINATES REFER TO THE TEXAS
•A••6024• COORDINATE SYSTEM NAD 83(2011),SOUTH ZONE(4205)U.S.SURVEY FEET,GRID,FOR
\••�'•,.90F �yQ;••Q`�, SURFACE LINEAR MEASURE DIVIDE BY COMBINED SCALE FACTOR=0.999814473.
J 9 • .Es �,: O ,
3.PARCEL LINES AS DEPICTED HEREON WERE BASED UPON LIMITED FIELD SURVEY&
"- •` DESCRIPTIONS PROVIDED BY ENTERPRISE PRODUCTS,DEAN PIPELINE COMPANY,LLC OR
` ITS AGENTS.
Registerl'Professto at Land Surveyor
Registration No.6024 4.PARCEL LIMITS REPRESENTED HEREON MAY NOT BE INCLUSIVE OF ALL PROPERTY
OWNED BY LANDOWNER NOTED.
LEGEND 5.ABSTRACT LINES SHOWN HEREON ARE TAKEN FROM DIGITIZED SOURCES AND MAY NOT
——— SECTION/ABSTRACT LINE REFLECT ACTUAL GROUND LOCATIONS,
PROPERTY LINE 6. FOR ADDITIONAL INFORMATION,SEE ATTACHED LEGAL DESCRIPTION(EXHIBIT"A").
F CL PROPOSED EASEMENT=884.99 FEET(53.64 RODS)
9 C PERMANENT EASEMENT =0.60 ACRES EXHIBIT "B°
w E,:"7'/:,] TEMPORARY WORKSPACE=1.26 ACRES SHEET 3 OF 3
0
[';_�:] ADD.TEMP.WORKSPACE =2.02 ACRES DEAN PIPELINE COMPANY, LLC
C TEMP.ACCESS ROAD =0.23 ACRES DEAN EXPANSION
TOTAL =4.11 ACRES PROPOSED 30-FOOT WIDE PIPELINE EASEMENT
Scale:1"=200' CITY OF CORPUS CHRISTI
200' 0 160' 200' 884.99 FEET(53.64 RODS)
GREGORIO FARIAS GRANT SURVEY,A-592,NUECES COUNTY,TEXAS
PROJ.MGR.:JCF REVISIONS
H.Fenstermaker&Associates,L.L.C.
FENSTERMAKER 135 Regency Sq.Lafayette,LA 70508 CHIEFINSP.: No.0 DATE:08/17/2019 REVISED BY:SJM
Ph.337-237-2200 Fax.337-232-3299
www.fenstermaker.com DATE:08/16/2019 No. DATE: REVISED BY:
Texas Firm No.10028500 FILENAME: T:\2019\21903790WG\ROW FILES\NUECES\TX-NU-0077.10000.dwg
EXHIBIT C
INSURANCE REQUIREMENT'S
I. GRANTEE'S LIABILITY INSURANCE
A. Grantee must not commence work under this agreement until all insurance required herein
has been obtained and such insurance has been approved by the City. Grantee must not
allow any subcontractor to commence work until all similar insurance required of the
subcontractor has been obtained.
B. Grantee must furnish a copy of the Certificates of Insurance with applicable policy
endorsements, showing the following minimum coverage by insurance company(s)
acceptable to the City's Risk Manager.The City must be listed as an additional insured for
the General Liability and Auto Liability policies and a blanket waiver of subrogation is
required on all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30 day written notice of cancellation is Bodily Injury and Property Damage
required on all certificates or by policy Per occurrence- aggregate
endorsement
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
(including): $2,000,000 Aggregate
1. Commercial Broad Form
2. Premises—Operations
3. Underground Hazard(if applicable)
4. Products/ Completed Operations
Hazard
5. Contractual Liability
6. Independent Contractor
7. Personal Injury/Advertising Injury
8. Sudden & Accidental Pollution
Liability
UMBRELLA/EXCESS LIABILITY $10,000,000 Per Occurrence
$10,000,000 Aggregate
AUTOMOBILE LIABILPI'Y $1,000,000 COMBINED SINGLE LIMIT
1. Owned Vehicles
2. Hired and Non-owned Vehicles
WORKERS'COMPENSATION Which Complies With The Texas Workers'
All States Endorsement is Required if Not Compensation Act
Domiciled in Texas
EMPLOYERS'LIABILITY $500,000/$500,000/$500,000
Revocable Easement
Dean Pipeline Company,LLC
15 of 17
C. In the event of accidents of any kind,Grantee must furnish the Risk Manager with copies
of all reports related to this permit of such accidents within 10 days of any accident.
II. ADDITIONAL REQUIREMENTS
A. Grantee must obtain workers' compensation coverage through a licensed insurance
company in accordance with"Texas law. The contract for coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The coverage
provided must be in amounts sufficient to assure that all workers'compensation obligations
incurred will be promptly met. An"All States"endorsement shall be required if Grantee
is not domiciled in Texas.
B. Grantee shall obtain and maintain in full force and effect for the duration of this Contract,
and any extension hereof, at Grantee's sole expense, insurance coverage written on an
occurrence basis, by companies authorized and admitted to do business in the State of
Texas and with an A.M.Best's rating of no less than A-VII.
C. The City shall be entitled, upon request and without expense, to receive copies of the
policies,declarations page and all endorsements thereto as they apply to the limits required
by the City. Grantee shall be required to comply with any such requests and shall submit
a copy of the replacement certificate of insurance to City at the address provided below
within 10 days of the requested change.Grantee shall pay any costs incurred resulting from
said changes.All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn:Risk Management
Y.O.Box 9277
Corpus Christi,TX 78469-9277
(361)826-3980
D. Grantee agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• Name the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement or comparable policy language, as
respects operations, completed operations and activities of, or on behalf of, the named
insured performed under contract with the City, with the exception of the workers'
compensation and professional liability polices;
• Provide for an endorsement that the"other insurance"clause shall not apply to the City of
Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City;and
Revocable Easement
Dean Pipeline Company,LLC
16 of 17
• Provide thirty(30)calendar days advance written notice directly to City of any suspension,
cancellation, non-renewal or material change in coverage, and not less than ten (10)
calendar days advance written notice for nonpayment of premium.
E. Within five(5)calendar days of a suspension,cancellation,or non-renewal of coverage,
Grantee shall provide a replacement Certificate of Insurance and applicable endorsements
to City.City shall have the option to suspend Grantee's performance should there be a lapse
in coverage at any time during this contract.Failure to provide and to maintain the required
insurance shall constitute a material breach of this agreement.
F. In addition to any other remedies the City may have upon Grantee's failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein
required,the City shall have the right to order Grantee to stop work hereunder until Grantee
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as Iimiting in any way the extent to which
Grantee may be held responsible for payments of damages to persons or property resulting
from Grantee's or its subcontractor's performance of the work covered under this
agreement.
H. It is agreed that Grantee's insurance shall be deemed primary and non-contributory with
respect to any insurance or self insurance carried by the City of Corpus Christi for liability
arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this agreement.
Revocable Easement ins.req.
1/30/2020 ds Risk Mgmt.
Revocable Easement
Dean Pipeline Company,LLC
17 of 17
REVOCABLE EASEMENT
(Dean Pipeline Company,LLC—TX-NU-0082.20000)
THE STATE OF TEXAS§
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES §
That,the CITY OF CORPUS CHRISTI, a Texas home-rule municipal corporation,
P.O. Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, ("Grantor") acting
by its duly authorized City Manager, or designee, ("City Manager")in consideration of the
sum of Ten Dollars ($10.00) to it in hand paid by DEAN PIPELINE COMPANY, LLC, a
Texas limited liability company, whose address is 1100 Louisiana, Suite 1000, Houston,
Texas 77022 ("Grantee"), the receipt of which is acknowledged, and the further
consideration of"Grantee"complying with the City's Hazardous Substances, Liquids,and
Gas Pipelines and Distribution System Ordinance, Article VII Chapter 35 Code of
Ordinances, and City's pipeline ordinance,Article VII Chapter 49 Code of Ordinances,as
amended, has GRANTED, SOLD, AND CONVEYED, and by these presents does
GRANT, SELL, AND CONVEY, upon the conditions hereinafter stated unto the said
DEAN PIPELINE COMPANY, LLC, a non-exclusive thirty-foot (30') wide easement
together with the right to install, operate, repair, replace, relocate and maintain one
pipeline, not to exceed eight (8) inches in diameter, together with appurtenant facilities
including, but not limited to, valves, meters, regulators, cathodic protection, pigging
facilities, test leads, and aerial markers for the transportation of natural gas, gaseous
products, crude oil, and other hydrocarbons or minerals, whether in gaseous or liquid
form, across, under and upon the land owned by Grantor described and shown on the
attached Exhibit A and Exhibit B.
TO HAVE AND TO HOLD the same unto the Grantee its successors and assigns,
together with the right to enter upon Grantor's tract of land as described and shown on
the attached and incorporated Exhibits "A" and "B", for the purpose of relocating,
installing, operating, repairing, replacing, and maintaining said Improvements under the
following conditions.
1. Definitions:
a) City means the City of Corpus Christi, a Texas home-rule municipal
corporation.
b) Grantor means City, and may be used interchangeably with City.
c) City Manager means the City's City Manager or his designee.
d) Director means City's Director of Engineering Services or his designee.
e) Risk Manager means City's Director of Risk Management or his
designee.
Revocable Easement
Dean Pipeline Company,LLC
1of15
f) City Attorney means City's City Attorney or his designee.
g) Grantee means Dean Pipeline Company, LLC.
h) Improvements means one pipeline not to exceed eight (8) inches in
diameter, together with appurtenant facilities including, but not limited to,
valves, meters, regulators, cathodic protection, pigging facilities,test leads,
and aerial markers all within City property.
i) Contractor means Grantee's agent to construct, maintain, replace,
repair,or remove the Improvements.
j) Exhibit"A" means the description of the Grantor's land and Exhibit "B"
means the survey map showing the location where the Improvements enter
or cross City property.
k) City Utilities means the City's Water,Wastewater, Storm Water and Gas
divisions.
1) Franchisees' Preexisting Improvements means those improvements
owned or operated by a franchise or licensee of the City that were in place
prior to the Improvements installed under this Revocable Easement.
m) Utilities Representative means the applicable City Utilities
representative that needs to be notified (1) prior to routine construction or
repair work or (2) prior to or concurrently with emergency repair work.
During routine relocation, installation, operation, repair, replacement, and
maintenance work the Utilities Representative will be the appropriate Water,
Wastewater, Storm Water or Gas division foreman on duty. The City has
Water,Wastewater, and Gas crews on duty or on-call 24 hours a day, 365
days a year. The Water Representative, the Wastewater Representative,
the Gas Representative,and the Drainage Representative is the respective
name for each division's authorized representative as set out above, and
collectively called the Utilities Representative.
n) Franchisee's Representative means the representative of a City
franchisee or licensee that has preexisting Improvements within 2-feet of
the proposed Improvements that need to be notified (1) prior to routine
construction or repair work or (2) prior to or concurrently with emergency
repair work. During routine installation, maintenance, or repair work each
franchisee's or licensee's representative (e.g. the SWBT Representative,
the AEP Representative) will be contacted. The franchisee and licensee
representatives are collectively called Franchisee's Representative.
Revocable Easement
Dean Pipeline Company,LLC
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o) City Inspector means that person acting on behalf of a City Utility or the
City Street Department inspecting the relocation, installation, operation,
repair, replacement, and maintenance of the Improvements.
p) Revocable Easement Area means that portion of City property upon
which the Improvements will be installed, operated, repaired, replaced,and
maintained.
2. Construction Standards. All work proposed by Grantee to install, repair,
or replace the Improvements will equal or exceed Department of Transportation Pipeline
Safety Standards as applicable (Title 49, Code of Federal Regulations, Part 192 -
Transportation of Natural and other Gas by Pipeline, or Part 195 -Transportation of
Liquids by Pipeline - latest revision) for the transportation of gas or liquids by the
Improvements.
3. Compliance with Laws. In installing, operating, maintaining, repairing, or
replacing the Improvements Grantee must comply with all applicable Federal, State,
County, and City laws and ordinances, and all amendments thereto, and secure all
necessary permits from the appropriate agencies, including but not limited to, City Code
of Ordinances Chapter 35, Article VII, which provides for emergency response
coordination for pipelines transporting hazardous substances, liquids, and gases,
including information reporting requirements for existing and new pipelines.
4. Depth Limits and Water Transmission Pipeline Clearances. Grantee must
install, replace, repair, and maintain the Improvements so that no portion of the pipeline
will be any shallower than 36-inches from existing ground or roadway pavement. Grantee
will also maintain a minimum of twelve(121 feet clearance between Grantee's pipelines
and any City water transmission pipelines. Grantee must notify the Texas One-Call for
utility locations in the Revocable Easement Area at least 48 hours prior to the start of
construction.
5. Crossing or Ditch Requirements. Prior to any repair or replacement of the
Improvements, Grantee must provide protection at all road crossings or ditches, by either
casing,extra pipe wall thickness,concrete jacketed pipe,or other means approved by the
Railroad Commission or Federal D.O.T. as applicable, and Grantee must identify the
method on the construction plans.
Grantee will maintain a minimum clearance of ten (10') feet between Grantee's
pipeline and any existing concrete lined drainage channels located on Grantor's property.
6. Operating Pressure. Grantee's maximum operating pressure for the
Improvements must not exceed design limitations as set forth in the Railroad Commission
or Federal D.O.T. regulations for the size and type of line to be installed and operated.
7. 60 Day Revocation. Grantee understands and agrees that the right and
easement herein granted may be revoked at any time by the City of Corpus Christi acting
Revocable Easement
Dean Pipeline Company,LLC
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through its City Manager, and Grantee may be required to remove the Improvements at
Grantee's sole expense upon 60 days' notice in writing. If Grantee is in violation of
Department of Transportation or Railroad Commission laws, rules, or regulations, or City
ordinances, Grantee will be given written notice of the violation and 30 days from receipt
of such notice to commence to cure the stated violations,within the overall 60 day period.
If after the 30 day cure period has expired and Grantee has not cured the violations,this
Revocable Easement may be revoked and Grantee may be required to remove the
Improvements upon 30 days' notice in writing: provided however that if Grantee has
commenced to cure the stated violation but has not completed same with the 30 day cure
period, Grantee may proceed to cure such violation and this Revocable Easement shall
not be revoked.
8. Improvements Markers. Grantee will place markers at the points where
such Improvements enter or leave a public street or drainage right-of-way or other City
property. Such markers must be of permanent construction bearing Grantee's name and
emergency telephone number and placed on the edge of the public right-of-way.
9. Assignability. This Revocable Easement,and all its terms and conditions,
bind and inure to the benefit of Grantor and Grantee and their respective lessees,
licensees, successors, and assigns. Grantee may assign this Revocable Easement to
any person,firm,corporation,partnership,or other entity,with the prior written consent of
Grantor's City Manager, which consent will not be unreasonably withheld. Any
assignment must provide that the assignee unconditionally assumes all the duties and
obligations of assignor upon the same terms and conditions as set out in this Revocable
Easement, which assumption of duties and obligations is partial consideration for
Grantor's consent to the assignment.
10. Construction Drawings&As-Builts. Grantee must provide Director with a
set of construction plans for all work proposed for the Improvements located within the
Revocable Easement Area, one month prior to the start of construction, for Director's
review and approval. The plans will tie the centerline of the proposed Improvements to
the centerline of the Revocable Easement Area. Any centerline improvements will also
be tied to the existing utility centerlines. The Grantee must provide the Director with a
complete depth profile, distance, and location of its Improvements from existing City
utilities, other franchised utilities, and other pipelines, that fall within the Revocable
Easement Area. The Grantee is advised that centerline of proposed Improvements must
have a minimum centerline to centerline horizontal distance as shown in the table below:
Water -60" TimeWarner - 12" KMC - 12"
Wastewater - 18" SWB/AT&T - 12" ICG - 12"
Gas - 18" AEP (CPL) - 12" Grande(ClearSource)-12"
Storm Water - 18" ESPIRE - 12" Caprock - 12"
The Grantee must provide the Director with a 11 x 17 " size reproducible set of as-built
drawings of the Improvements within 60 days after completion of construction; failure to
do so may result in Grantee's Revocable Easement being forfeited by the City.
Revocable Easement
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11. Insurance. The Grantee must not commence work under this Agreement
until it and its Contractor have obtained through self-insurance or insurance policies
required herein and proof of such insurance as evidenced by the Certificate of Insurance
has been submitted to and approved by the Risk Manager. The required type and amount
of required insurance coverage is specified in the attached and incorporated Exhibit"C".
The Grantee and its Contractor, if any, must have and maintain Commercial General
Liability Insurance during the entire construction phase of the project. When construction
is finished and the Improvements completed the Grantee must have and maintain
Commercial General Liability Insurance through self-insurance or insurance policies for
the entire duration of this Revocable Easement and for so long as Grantee's
Improvements are located in or upon property of the Grantor. This provision shall survive
termination or expiration of this Revocable Easement.
The contractual liability portion of this insurance must be broad enough to cover the
indemnity agreement in this Agreement. Such policies of insurance must include the City
as an additional insured with respect to any liability arising out of the Grantee's and its
Contractor's use or maintenance of the Improvements in the Revocable Easement Area.
The insurance policies specified must include an endorsement stating that the insurance
company(ies) must give the Director 30 days written notice by certified mail, before any
policy covered thereby is canceled, not renewed, or materially changed. Copies of all
insurance policies from Grantee and Contractor must be provided to City Attorney within
30 days after City Manager's reasonable written request therefor.
Grantee and Contractor, if applicable, must provide copies of all insurance policies to the
City Attorney within 30 days of the City Manager's reasonable request therefor if an
incident-relating to the Improvements or Grantee's operations hereunder-occurs that
reasonably appears to be covered by such insurance. If such copies are requested and
provided, Grantee may mark the information in Grantee's policies that Grantee believes
is confidential or proprietary. If City is requested to provide all or part of Grantee's
insurance policies to third parties, City will timely forward the records to the Attorney
General for a determination whetherthe records are"Public Information"under the Texas
Pubic Information Act. City will contemporaneously notify Grantee of the open records
request so that Grantee may participate in any available procedures and take steps it
believes necessary to protect the nature of the confidential or proprietary information.
12. Indemnity. Grantee must fully indemnify the City of Corpus Christi,
its officers, employees and agents ("Indemnitees") against any and all liability,
damage, loss claims, demands, and actions of any nature whatsoever on account
of personal injuries(including without limitation,workers compensation and death
claims),or property loss or damage of any kind,or any other kind of damage which
arise or are claimed to arise out of or in connection with the Grantee's or Grantee's
officers', agents', and/or employees' ("Grantee's Agents") and/or Grantee's
contractors'negligent acts or omissions or acts of intentional or willful misconduct
in their respective installing or marking of the Improvements or other construction,
operation, maintenance, repair, control, or use of the Improvements or the
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Revocable Easement Area,including but not limited to,those damages arising out
of Indemnitees' intentional or negligent acts in cutting or causing to be cut the
Improvements during installation, repair, replacement, maintenance, or operation
of City utilities located in or adjacent to the Revocable Easement Area; and
including but not limited to those damages arising out of the Grantee's or Grantee's
Agents'intentional or negligent acts in cutting or causing to be cut City utility lines
during Grantee's or Grantee's Agents' or Grantee's contractors' use of the
Revocable Easement Area. This provision shall continue so long as Grantee's
Improvements are located on City property.
13. Repairs to City's Improvements or Franchisees'Preexisting Improvements.
Grantee will repair, or cause to be repaired, any damage its construction, operation,
repair, relocation, replacement or maintenance of the Improvements causes to a City
street,sanitary sewer,storm sewer,gas,drainage facility,or to a Franchisees'Preexisting
Improvements if the City Improvements or Franchisees' Preexisting Improvements were
in place prior to Grantee's initial installation of the Improvements.
14. Abandonment of pipeline. Grantee may leave abandoned pipe in place
unless the Director requires the Grantee to remove the abandoned pipe to facilitate city
operations or protect the public safety. Upon notice from the Director, Grantee shall
promptly remove the specified abandoned Improvement. If a Grantee abandons
Improvements, the Grantee remains responsible for the safe condition of the
Improvements after the pipe is abandoned.The City will not assume ownership or control
over the abandoned Improvements, and the City assumes no responsibility for their
maintenance and safety,unless the City in writing accepts a particular facility. Subsection
49-97(e) of the City Code of Ordinances continues to apply to any pipe, facilities and
appurtenances not removed by Grantee after abandonment. If Grantee removes any
pipe,facilities or appurtenances, the Grantee shall restore the City property, at the sole
cost of the Grantee, under subsection 49-97(c)of the City Code of Ordinances.
15. General Conditions.
a) Recordation. Grantee,at Grantee's expense,will record the Revocable
Easement at the Office of the County Clerk, Nueces County Courthouse
and Grantee will provide a recorded copy to Grantor.
b) Notification and Verification. Contractor must verify depth and locations
of City Utilities, and all Franchisees' Preexisting Improvements in or near
the Revocable Easement Area 48 hours prior to commencing any routine
construction or repair work, other than bona fide emergency repairs which
must be reported to the appropriate Utilities Representative(s), the Street
Superintendent, and the appropriate Franchisee's Representative(s)
immediately upon Grantee's knowledge of the need for repairs.
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The Utility Representatives, the Street Superintendent, and the
Franchisee's Representatives may have a representative present during
Grantee's construction, repair, or emergency repair operations.
c) Permit. 48 hours prior to commencing any routine construction or
repair work, and by 9 a.m. the next work day for emergency repairs, the
Grantee will apply to the Director or his designee for a permit before
disturbing part of the Revocable Easement Area. Grantee must perform the
work in accordance with the permit and all applicable federal, state, and
local laws and regulations.
Contractor must not leave trenches or pits in the Revocable Easement Area
open overnight unless Contractor provides adequate safety and security
devices to prevent possible injuries or accidents. All trenches or pits must
be backfilled as soon as possible, the backfill properly compacted, the
surface restored, and the work all done in a neat and workmanlike manner.
No bore pits may be left open longer than 14 calendar days regardless of
location. Barrel type barricades will be placed adjacent to all pits.
At a minimum the following items will be included in the permit:
i) Bore. Grantee's pipelines crossing the Revocable Easement Area
will be dry or slick bored. Wet or slick bore may be approved by the
Director if the Grantee will provide the Director or"Designee"sufficient
and satisfactory soil analysis information to support the wet bore.
ii) Open-Cut. Grantee or its Contractor must saw cut any existing
concrete and asphalt down to sub-base, and replace with new concrete
or asphalt. The pavement repair must consist of 5-inches of compacted
Hot Mix Asphalt Concrete(HMAC)Type D to be placed in two lifts, i.e.,
3-inches and 2-inches or two lifts of 2.5-inches. The HMAC pavement
must extend over the existing base for a width of 12-inches on either
side of trench cut. Subgrade will be trenched with some prime coat MC-
70 at 0.15 gal./sy. Final backfill shall consist of cement stabilized sand
containing a minimum of 2 sacks of Standard Type I Portland cement
per cubic yard of sand in street right-of-way where asphalt concrete
pavement has been cut and surface. Pavement will be restored as
described five feet on each side of cut centerline,such that no settlement
will occur in roadway area. Grantee will encase the Improvements in
sand,with a minimum of 8-inches around the Improvements.
d) Uncovering City Utilities. A City Inspector has the authority to request
Contractor to uncover a Utility Line in the Revocable Easement Area to
verify its depth or location. If the proposed Improvements cross an existing
Revocable Easement
Dean Pipeline Company,LLC
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transmission main (16" diameter and above), the Contractor will uncover
the main at the point of intersection with the Improvements, with a Utilities
(Water) Representative on-site during excavation. This excavation will
occur 24 hours prior to start of construction of that portion of the
Improvements that intersect the transmission main.
If the proposed Improvements cross a City Utility, Grantee must maintain a
3-foot vertical separation;however Grantee must maintain a twelve(12)foot
vertical and 5-foot horizontal separation around all water transmission
mains.
Grantee must properly compact backfill around all existing City Utilities in
accordance with all City construction standards, including City Water
Distribution System Standards, paragraph 15(c), and the City Inspector's
request. Contractor must take every precaution to not disturb the soil
surrounding the existing City Utilities, including any and all thrust blocks.
If Contractor's work on the Improvements damages a Waterline, as
determined by the Water Representative, a Water crew must be
immediately allowed access to the Revocable Easement Area to make all
repairs. All City's costs(labor and equipment)associated with the Waterline
repairs will be paid by the Grantee within 30 days after City sends Grantee
an invoice.The Water Representative will determine the extent of damage
to the Waterline and the type of repair necessary.
If Contractor's work on the Improvements damages a City Utility line and
soil or sand enters service lines and causes damage to residential or non-
residential plumbing, Grantee must resolve the damage issue with the
individual owners, including all costs associated with resolution.
e) City Inspectors. While work is being done within the Revocable
Easement Area,including without limitation work around any existing Water
main, Contractor must pay for each City Inspector's time at the Revocable
Easement Area at a daily rate of $301.31 for each day spent inspecting
construction, maintenance, repair, replacement, or relocation of said
Improvements. A half-day-4 or more hours of work-constitutes a whole
working day for purposes of calculation. Any time in excess of 8 hours a
day, or on Saturday, Sunday, and Holidays, is calculated at a daily rate of
$56.49 per hour. Grantee must pay these funds to the appropriate City
Department within the City as allocated by the Director. The daily rate and
overtime charges may be changed by the Director each August 1 based
upon the average wages of the City Inspectors. The new charges will be
on file with the Director.
Revocable Easement
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f) Drainage, grading, and erosion. Contractor must maintain proper
drainage at all times, including without limitation at the end of each work
day, in all drainage ditches impacted by the construction, maintenance,
repair, replacement, or operation of the Improvements.
After completion of, or in the event of repair or replacement of, the
Improvements Contractor must reshape and grade, and sod if applicable,
drainage ditches to a correct and permanent condition as determined by the
Director. If the drainage ditch is concrete there will be no grading, etc., but
the ditch must be repaired to its previously existing condition as determined
by the Director.
If there is any erosion of roadway or private property due to loss of existing
vegetation along the banks of the drainage ditches, or from any other
condition due to disturbing the soil along the Revocable Easement Area
caused by Grantee relocating, installing,operating, repairing,and replacing
the Improvements, Grantee must resolve the damages issue with the
individual owners, including all costs associated with resolution.
g) Damages to structures. If there is any damage to driveways, culverts,
head walls, and any other structure, public or private, caused by Grantee
relocating, installing, operating, repairing, and replacing the Improvements,
Grantee must resolve the damages issue with the individual owners,
including all costs associated with resolution.
h) Equipment and materials. Grantee may not store or leave overnight
any equipment or material in City property. Grantee's equipment or stock
pile of material on private property, or on City right-of-way during the day,
must not obstruct the vision of vehicles or pedestrians for 500 feet either
direction from a street intersection or driveways onto a street.
i) Aesthetics. To preserve and protect trees, shrubbery, and other
aesthetic features on the street right-of-way and on City property, the
Director may specify the extent and methods of tree removal,tree trimming,
or replacement, and replacement of other aesthetic features, including
specifying the methods of installing the Improvements. The Director will
use due consideration in establishing the value of trees and other aesthetic
features in the proximity of the proposed Improvements and any special
requirements justified by the value of the trees and other aesthetic features.
j) Testing. City Inspector determines when laboratory testing will be
required,the number,location,and frequency of testing. All testing is at the
Contractor's expense.
Revocable Easement
Dean Pipeline Company,LLC
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k) Safety. The City Inspector may request any other conditions that
may be required to complete this project in a safe and workmanlike manner.
1) Guarantee. Grantee's workmanship and materials must comply with
all applicable City Standards and all work must be guaranteed by the
Grantee for a one-year period from the date Grantee provides the
reproducible, as-built drawing required by Section 10,to the Director.
m) Notification of Leaks. Grantee must notify Director of any spills and
leaks within the Revocable Easement Area within two business days after
Grantee is aware of the spill or leak. Grantee must pay for all remediation
costs related to its Improvements spills or leaks within the Revocable
Easement Area. Grantee must provide Director a remediation plan that
complies with all applicable federal, state,and local rules and regulations at
the time of discovery of the leak or spill. The City Manager may investigate
the condition and extent of the leaks and spills.
16. City use of Revocable Easement Area. All rights granted Grantee, are
subordinate to all uses as the City may make of such Revocable Easement Area, and
street right-of-ways for public purposes, and any drainage right-of-way for State, County,
or City purposes. Grantee will take full precaution when entering, using, and working
within the Exhibit A and B easement area.
17. Sale of Natural Gas - Restrictions. Grantee is expressly prohibited from
the sale or distribution of natural gas to consumers, whether industrial, commercial or
residential, except AEP(Central Power&Light Company),which consumers are located
within the city limits of the City of Corpus Christi as may be amended from time to time.
It is expressly provided that, as used in this paragraph,the sale of"natural gas"does not
include the intercompany sale or transfer by or between two or more business entities of
fuel gas or fuel in any form used and consumed in the fractionation, heating, distilling,
producing or manufacturing process, of the petro-chemical industry.
It is mutually understood and agreed that this Agreement,as written,covers
all covenants, agreements, and stipulations between the parties and that no
representations or statements, written or oral, have been made modifying, adding to, or
changing the terms hereof, and that any party securing this conveyance on behalf of
Grantee is without authority to make representation, stipulation, covenant or agreement
not herein expressed.
[SIGNATURES ON THE FOLLOWING PAGES]
Revocable Easement f!"Z
Dean Pipeline Company,LLC TX-NU-OO;6.10000
10 of 15
Executed this the day of , 2020
GRANTOR
ATTEST: THE CITY OF CORPUS CHRISTI
By:
City Secretary Michael Rodriguez
Chief of Staff
APPROVED AS TO LEGAL FORM:
day of Mos C , 2020
By: - —
A istant City Attorney
City Legal Department
THE STATE OF TEXAS§
COUNTY OF NUECES §
This instrument was acknowledged before me this day of
2020, by Michael Rodriguez, Chief of Staff for the City of Corpus Christi, a Texas
municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
Revocable Easement p
Dean Pipeline Company,LLC TX-NU-to
11 of 15
GRANTEE
The above and foregoing REVOCABLE EASEMENT is accepted this the 9th day
of March , 2020, by Timothy J.Dyk , in their capacity as
Agent and Attorney-in-Fact of Dean Pipeline Company, LLC, the Grantee herein, and
Grantee agrees to keep and perform the conditions imposed by the Revocable Easement.
Dean Pipeline Company,
By:
Name: imothy J.Dyk
Title: Agent and Attorney-in-Fact
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me this 9th day of March 2020,by
Timothy J.Dyk as Agent and Attorney in Fact of Dean
Pipeline Company, LLC who declared that they xecuted the same for the purposes
therein stated and with proper authority to do so.
N tary Pub' ,S to exas
ERE]l S Sanchezmmission Expires0235479082
Revocable Easement
Dean Pipeline Company,LLC TX-NU-0016.10000
12 of 15
EXHIBIT A
TX-NU-0082.20000
DEAN EXPANSION
FIELD NOTES DESCRIPTION
FOR A PROPOSED 30-FOOT WIDE PIPELINE EASEMENT TO BE ACQUIRED
BY DEAN PIPELINE COMPANY,LLC
ACROSS PROPERTY BELONGING TO
CITY OF CORPUS CHRISTI
LOCATED IN THE GREGORIO FARIAS GRANT SURVEY,A-592,
NUECES COUNTY,TEXAS
Description of a proposed 30-foot wide pipeline easement across property belonging to City of
Corpus Christi,a called 37.806 acres,more or less,being described in Volume 672,Page 346 of
the Deed Records of Nueces County,Texas,located in the Gregorio Farias Grant Survey,A-592,
Nueces County,Texas,and described as follows:
Commencing at a found iron rod on the Southwest corner of property belonging to Seadrift
Pipeline Corp.,thence South 52 degrees 28 minutes 32 seconds West,for a distance of 139.40
feet to the POINT OF BEGINNING,and having coordinates of X=1,270,846.14 and
Y=17,202,946.86,thence along the centerline of the said proposed pipeline easement described
as follows:
Thence North 06 degrees 06 minutes 30 seconds East,for a distance of 402.68 feet to a point;
Thence North 05 degrees 48 minutes 51 seconds East,for a distance of 168.58 feet to a point;
Thence North 21 degrees 49 minutes 16 seconds West,for a distance of 815.35 feet to a point;
Thence North 24 degrees 16 minutes 05 seconds East,for a distance of 176.02 feet to a point;
Thence North 55 degrees 36 minutes 18 seconds West,for a distance of 88.41 feet to the POINT
OF ENDING,having coordinates of X=1,270,602.39 and Y=17,204,482.31,which bears South
75 degrees 54 minutes 44 seconds West,a distance of 762.29 feet from a found 2"iron pipe at a
most westerly Southeast comer of property belonging to Coastal Bend Bays&Estuaries
Program,Inc,with a total length of 1,651.04 feet or 100.06 rods and affecting 1.14 acres.
Temporary Workspace
Temporary workspace being located along,parallel to,and adjacent to a 30-foot wide permanent
easement described herein containing 0.69 acres of land,more or less,as shown on Exhibit"B"
for the construction of the pipeline and appurtenant facilities.
Additional Temporary Workspace
In addition,adjacent to and across any and all highways,roads,streets,railroads,canals,ditches,
streams or other waterways and pipelines and where the bearing of the easement changes,
grantee shall have the right to use additional temporary workspace as shown on Exhibit"B"for
the construction of the pipeline and appurtenant facilities.
All workspaces shown on Exhibit"B"are for construction purposes only and are not a part of the
easement.
SHEET 1 OF 3
All bearings,distances and coordinates are based on the NAD 83(2011)Texas South Zone
Coordinate System.The bove described centerline of proposed 30-foot wide permanent
pipeline easement' rXS&tQJla plat prepared by C.H.Fenstermaker&Associates,L.L.C.
dated August 19,20� tiisrE '+� :
' ..........................
REX R. SONES
� 9A5.�FESStO�?:'•
6024
Rex R.Joy s.RPL SUR
Texas RPLS Registration 24
C.H.Fenstermaker&Associates,L.L.C.
135 Regency Square
Lafayette,LA 70508
337-237-2200
Texas Firm No. 10028500
SHEET 2 OF 3
TX-NU-0084.10000
XND T'2R03415 ESTUARASTAL BEND BAYS&
IPE ES PROGRAM,INC. J�•R1�S
POINT OF ENDING Y= 17,204567.86 OPR 2006017445
X= 1,270,602.39 (MOST WESTERLY SOUTHEAST CORNER OF
Y= 117,204A 2.31 PROPERTY BELONGING TO COASTAL BEND 15 t^
BEND BAY$&ESTUARIES PROGRAM,INC.)
S75°54'44"W A W_762?9 Rt �-o A\ O�
33.34' 6T' ST 5"5q 4 \p� �O 15; P�
40• ADDITIONAL gym Nymy\ o
<s esu yd TEMPORARY y m A
w,\ WORKSPACE \RENS IERNANDEZ \
o/p... �6 mN mNN(� Y� \
TX-NU-0082.20000
tcs a�`,tEs 1i m
FND.5/8"REBAR W/CAP CITY OF CORPUS CHRISTI
-` CALLED 37.806 ACRES,MORE OR LESS,
� INSET B
\\ ` DR VOL.672,PG.346
s
EMERITAM--EZ NUECES COUNTY,TEXAS NOT TO SCALE
astvDt�R N
Eat"rOptN'o SEE INSET B
ADDITIONAL E' GREGORIO
TEMPORARY 15' 75'
WORKSPACE �p ' ° E,P FARIAS GRANT Z
Z
°5°"�zrpE " \`w A-592 w W z�
yvE°lc °� Et°* \ CLPROPOSED ¢ 6m
�Ntao"'Es \ EASEMENT Izo�l
Nn W1�'
)z
µEY tS,°po°E,aE FND.3/4"IRON ROD I¢ O LU
¢I
wA" FND,1"IRON PIPE aw i
St RPSRURD R°nD
ANN+ Pb
tp0"pOwpERt
pLG ry51tNE tapas" �\ ADDITIONAL INSET A
0, TEMPORARY NOT TO SCALE
cam' �h N' ym WORKSPACE
ADDITIONAL SEADRIFT PIPELINE CORP.
TEMPORARY
WORKSPACE I. y� DR.VOL.2107,PG.963
>> ^ FND.IRON FND.1/2"IRON ROD
FND.2"IRON PIPE ROD W1 CAP
TX-NU-0079.20013 ' SEE INSET A FND.1 1/2"IRON PIPE
1-37 COORIDOR
TX-NU-0080.20010
LINE TABLE UP-RIVER ROAD
LINE BEARING DISTANCE POINT OF COMMENCEMENT
X= 1,270,95670
L1- N06'06'30"E 402.68' Y= 17,203,031.77
FND.IRON ROD
L2 N05"48'51"E 168.58' POINT OF BEGINNING (SOUTHWEST CORNER OF
X= 1,270,846.14 PROPERTY BELONGING TO
L3 N21'49'16"W 815.35' Y= 17,202,946.86 SEADRIFT PIPELINE CORP.)
L4 N24°16'05"E 176.02' S52°28'32"W
139.40'
L5 N55"36'18"W 88.41'
TRACT DETAIL
nor x.sc
;SE OF NOTE$'
aU 1.THIS EXHIBIT REPRESENTS A PROPOSED EASEMENT/RIGHT-OF-WAY AND COMPLIES
t�j2IT1E. Y LLC WITH TBPLS MINIMUM STANDARDS OF PRACTICE FOR AN EASEMENT SURVEY.
I, J3ne9,�9isr fessional
Lan uc p4cir'dohe`}ehystale plat is true 2.ALL BEARINGS,DISTANCES,AREAS AND COORDINATES REFER TO THE TEXAS
�J corrWlo Itie Ges'I o y,knowledge. COORDINATE SYSTEM NAD 83(2011),SOUTH ZONE(4205)U S.SURVEY FEET,GRID,FOR
,••0 6024 SURFACE LINEAR MEASURE DIVIDE BY COMBINED SCALE FACTOR=0.999614473
.e( 3.PARCEL LINES AS DEPICTED HEREON WERE BASED UPON LIMITED FIELD SURVEY&
y �,URv G I DESCRIPTIONS PROVIDED BY ENTERPRISE PRODUCTS,DEAN PIPELINE COMPANY,LLC OR
ITS AGENTS
Jon
RegiSle ed Professional Land Surveyor 4.PARCEL LIMITS REPRESENTED HEREON MAY NOT BE INCLUSIVE OF ALL PROPERTY
Registration N0.6024 OWNED BY LANDOWNER NOTED.
5.ABSTRACT LINES SHOWN HEREON ARE TAKEN FROM DIGITIZED SOURCES AND MAY NOT
LEGEND REFLECT ACTUAL GROUND LOCATIONS
—-— SECTION/ABSTRACT LINE 6. FOR ADDITIONAL INFORMATION,SEE ATTACHED LEGAL DESCRIPTION(EXHIBIT"A")
PROPERTY LINE
—�-�r CL PROPOSED EASEMENT=1,65104 FEET(100 06 RODS)
C PERMANENT EASEMENT =1.14 ACRES EXHIBIT rrBrr SHEET 3OF3
85
ZZ TEMPORARY WORKSPACE=101 ACRES DEAN PIPELINE COMPANY, LLC
ADD.TEMP.WORKSPACE =069 ACRES DEAN EXPANSION
TOTAL =2.64 ACRES PROPOSED 30-FOOT WIDE PIPELINE EASEMENT
Scale:1"=300' CITY OF CORPUS CHRISTI
300' 0 Iso' Sao' 1,651.04 FEET(100.06 RODS)
REGORIO FARIAS GRANT SURVEY,A-592,NUECES COUNTY,TEXAS
' PROJ.MGR.:JCF REVISIONS
-= C H Fenstermaker&Associates,L.L.C.
F E N S T E R M A K E R 135 Regency Sq.Lafayette,LA 70508 CHIEF INSP.: No.0 DATE:0 811 9/2 01 9 REVISED BY:MMM
Ph 337-237-2200 Fax 337-232-3299
' www.fenstermaker.com DATE:08/19/2019 No. DATE: REVISED BY:
Texas Firm No 10028500 FILENAME: T:\201912190379\DVVG\ROW-FILES\NUECESkTX-NU-0082.20000.dvg
EXHIBIT C
INSURANCE REQUIREMENTS
1. GRANT TEE'S LIABILITY INSURANCE
A. Grantee must not commence work under this agreement until all insurance required herein
has been obtained and such insurance has been approved by the City. Grantee must not
allow any subcontractor to commence work until all similar insurance required of the
subcontractor has been obtained.
B. Grantee must furnish a copy of the Certificates of Insurance with applicable policy
endorsements, showing the following minimum coverage by insurance company(s)
acceptable to the City's Risk Manager.The City must be listed as an additional insured for
the General Liability and Auto Liability policies and a blanket waiver of subrogation is
required on all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30 day written notice of cancellation is Bodily Injury and Property Damage
required on all certificates or by policy Per occurrence- aggregate
endorsement
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
(including): $2,000,000 Aggregate
1. Commercial Broad Form
2. Premises—Operations
3. Underground Hazard(if applicable)
4. Products/ Completed Operations
Hazard
5. Contractual Liability
6. Independent Contractor
7. Personal Injury/Advertising Injury
8. Sudden & Accidental Pollution
Liability
UMBRELLA/EXCESS LIABILITY $10,000,000 Per Occurrence
$10,000,000 Aggregate
AUTOMOBILE LIABILITY $1,000,000 COMBINED SINGLE LIMIT
1. Owned Vehicles
2. Hired and Non-owned Vehicles
WORKERS'COMPENSATION Which Complies With The Texas Workers'
All States Endorsement is Required if Not Compensation Act
Domiciled in Texas
EMPLOYERS'LIABILITY $500,000/$500,000/$500,000
Revocable Easement
Dean Pipeline Company,LLC
15 of 17
C. In the event of accidents of any kind,Grantee must furnish the Risk Manager with copies
of all reports related to this permit of such accidents within 10 days of any accident.
II. ADDITIONAL REQUIREMENTS
A. Grantee must obtain workers' compensation coverage through a licensed insurance
company in accordance with Texas law. The contract for coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The coverage
provided must be in amounts sufficient to assure that all workers'compensation obligations
incurred will be promptly met. An"All States"endorsement shall be required if Grantee
is not domiciled in Texas.
B. Grantee shall obtain and maintain in full force and effect for the duration of this Contract,
and any extension hereof, at Grantee's sole expense, insurance coverage written on an
occurrence basis, by companies authorized and admitted to do business in the State of
Texas and with an A.M.Best's rating of no less than A-VII.
C. The City shall be entitled, upon request and without expense, to receive copies of the
policies,declarations page and all endorsements thereto as they apply to the limits required
by the City. Grantee shall be required to comply with any such requests and shall submit
a copy of the replacement certificate of insurance to City at the address provided below
within 10 days of the requested change.Grantee shall pay any costs incurred resulting from
said changes.All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn:Risk Management
P.O.Box 9277
Corpus Christi,TX 78469-9277
(361)826-3980
D. Grantee agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• Name the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement or comparable policy language, as
respects operations, completed operations and activities of, or on behalf of, the named
insured performed under contract with the City, with the exception of the workers'
compensation and professional liability polices;
• Provide for an endorsement that the"other insurance"clause shall not apply to the City of
Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City;and
Revocable Easement
Dean Pipeline Company,LLC
16 of 17
• Provide thirty(30)calendar days advance written notice directly to City of any suspension,
cancellation, non-renewal or material change in coverage, and not less than ten (10)
calendar days advance written notice for nonpayment of premium.
E. Within five(5)calendar days of a suspension,cancellation,or non-renewal of coverage,
Grantee shall provide a replacement Certificate of Insurance and applicable endorsements
to City.City shall have the option to suspend Grantee's performance should there be a lapse
in coverage at any time during this contract.Failure to provide and to maintain the required
insurance shall constitute a material breach of this agreement.
F. In addition to any other remedies the City may have upon Grantee's failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein
required,the City shall have the right to order Grantee to stop work hereunder until Grantee
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Grantee may be held responsible for payments of damages to persons or property resulting
from Grantee's or its subcontractor's performance of the work covered under this
agreement.
H. It is agreed that Grantee's insurance shall be deemed primary and non-contributory with
respect to any insurance or self insurance carried by the City of Corpus Christi for liability
arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this agreement.
Revocable Easement ins.req.
1/30/2020 ds Risk Mgmt.
Revocable Easement
Dean Pipeline Company,LLC
17 of 17
PARKING. CONSTRUCTION &STORAGE YARD LICENSE
(Dean Pipeline Company. LLC-TX-NU-0081.30000))
This LICENSE for a Parking, Construction, and Storage Yard on City Property
("License") is granted by the City of Corpus Christi ("City") to Dean Pipeline
Company, LLC, a Texas limited liability company ("Contractor") in connection with
the Dean Pipeline Expansion Project, Corpus Christi. (Project").
Contractor agrees to the following terms and conditions:
1. Property. The temporary parking, construction and storage yard ("Yard") is
described as:
A tract of land containing approximately 1.12 acres,more or less, being Lot 15,
Block 2 of the Countiss Addition,described under Entry No.2008041477,of the
Official Public Records of Nueces County, Texas, located in the Gregorio
Farias Grant Survey, A-592, Nueces County, Texas. The tract is further
identified by Nueces County Appraisal District by Property ID 217841.The tract
is also described by metes and bounds on the attached "Exhibit A"and shown
on the attached "Exhibit B".
2. Term. The Yard will be licensed to the Contractor by the City for a period of twelve
months. The license period will commence, effective on April 1. 2020 and will
automatically terminate on 62[d 1, 2021. unless extended by mutual agreement.
Contractor will notify City in writing, of the need for an extension, by providing City a
minimum of 60 days notice.
3. Rental Fee. In consideration of this License, Contractor agrees to pay the City in full
and in advance, a fee of$5,040.00, for the duration of this License. This License is
not contingent on any other agreements or contracts executed with the Contractor.
4. Use. The Yard will be used in conjunction with the Project, and may be used as a
Contractor's field office for employee parking, storage of construction materials and
other Contractor equipment. Parking for Contractor's employees, subcontractors,
and other personnel, must be provided inside the Yard and not along the abutting
street. Additionally, all chemical toilet facilities for employees will be located within
the Yard.
5. Fencing. The Contractor, at its sole expense, may install a security fence for the
protection of its machinery and personal property.The City is not responsible for any
theft, vandalism or loss of Contractor's property at any time.
6. Damage Repair.The Contractor will repair any damage to curbs, gutters, sidewalks
or street sections, and damage to any landscaping or other elements of the property
outside the Yard which are caused by Contractor or any subcontractor. Damage will
be repaired immediately and at the Contractor's sole expense. Both the materials
used to make the repairs and the manner of the repairs must be approved in advance
by the Department of Engineering Services, and such approval will be in writing.
7. Regular Maintenance. The Yard and fence, if any, will be kept clean, free of debris
and orderly at all times by the Contractor. Contractor's failure to maintain the Yard
will constitute a default of the terms of this License.
8. Drainage. Positive drainage on the Yard will be maintained at all times.
9. Removal of Driveways. At the end of the Project, the Contractor will remove any
installed temporary driveways at its own expense.
10.Yard Restoration. After completing the Project or upon termination or expiration of
1
this License,whichever occurs first,the Contractor will remove all of its property from
the Yard. The Contractor will scrape down the Yard, remove all piled materials, and
remove any materials placed in, on, or under the Yard by the Contractor.All of these
activities will be completed at Contractor's sole expense atProject close-out.
11.Security. Site security is the sole responsibility of the Contractor. The City is not
responsible at any time for any theft,loss,vandalism,or other damage to Contractor's
property.
12.[Intentionally Omitted]
13.Insurance. Contractor will comply with the insurance requirements in the attached
Exhibit C.
14.Sublet. Contractor will not sublet or assign the Yard or any portion thereof without
the prior written consent of the City Manager or designee.
15.Notices. All notices, requests, demands and communications hereunder will be
given by first class certified or registered mail, return receipt requested, or by a
nationally recognized overnight courier, postage prepaid, and will be effective when
received, refused or returned undelivered. Notices will be addressed to City and
Contactor as follows:
To City:
City of Corpus Christi
Department of Engineering Services
Attn: Property Manager
P.O. Box 9277
Corpus Christi, Texas 78469-9277 (361)826-3500
To Contractor:
Dean Pipeline Company, LLC
Attn:
1100 Louisiana Street, Suite 1000
Houston, Texas 77022
With copy to:
Ensite USA
c/o Scott Allen, ROW Project Supervisor
3100 S. Gessner Rd., Suite 400
Houston, Texas 77063
16.Taxes. In addition to the rental specified herein, Contractor shall pay and discharge
all taxes,general and specific assessments, and other charges of any kind levied on
or assessed against all improvements and other property on the Yard during the
License term, belonging to Contractor.
17,Laws Affecting Operation of Yard and Performance.
A. Contractor shall ensure that its use of the Yard is in accordance with all
applicable Federal, State and local laws, ordinances, rules and regulations.
B. Contractor shall bear the expense and responsibility of meeting all
requirements for acquiring all applicable licenses and permits.
C. Furthermore, Contractor shall comply with any other Federal, State and local
2
laws, ordinances, rules and regulations applicable to Contractor's
performance under this License.
18.Inspection.Any officer or authorized employee of the City may enter upon the Yard,
without notice, to determine whether Contractor is providing maintenance in
accordance with and as required by this License, or for any other purpose incidental
to City's retained rights of and in the Yard. Contractor shall be entitled to accompany
said individual during any inspection.
19.Indemnity. Grantee must fully indemnify the City of Corpus Christi, its officers,
employees and agents ("Indemnitees") against any and all liability, damage, loss
claims, demands, and actions of any nature whatsoever on account of personal
injuries(including without limitation,workers compensation and death claims),or
property loss or damage of any kind, or any other kind of damage which arise or
are claimed to arise out of or in connection with the Grantee's or Grantee's
officers', agents', and/or employees' ("Grantee's Agents") and/or Grantee's
contractors' negligent acts or omissions or acts of intentional or willful
misconduct in their respective installing or marking of the Improvements or other
construction,operation,maintenance,repair,control,or use of the Improvements
or the Parking, Construction & Storage Yard area, including but not limited to,
those damages arising out of Indemnitees'intentional or negligent acts in cutting
or causing to be cut the Improvements during installation, repair, replacement,
maintenance, or operation of City utilities located in or adjacent to the Parking,
Construction&Storage Yard area;and including but not limited to those damages
arising out of the Grantee's or Grantee's Agents' intentional or negligent acts in
cutting or causing to be cut City utility lines during Grantee's or Grantee's Agents'
or Grantee's contractors' use of the Revocable Easement Area. This provision
shall continue so long as Grantee's Improvements are located on City property.
20.Alterations.
A. Contractor shall not make any alterations, additions, or improvements to, in,
on, or about the Yard, without the prior written consent of the City Manager or
designee. Contractor must also obtain clearance from the Risk Manager as
required above.
B. All approved alterations, improvements,and additions made by the Contractor
upon the Yard, although at its own expense, shall, if not removed by
Contractor at any termination or cancellation of this License, become the
roperty of the City in fee simple without any other action or process of law.
Contractor agrees to be contractually and financially responsible for repairing
any and all damage caused by such removal. If items are installed in such a
manner as to become fixtures, such fixtures shall not be removed by
Contractor upon termination of this License and shall become property of the
City.
21.Signs.
A. Contractor shall not exhibit, inscribe, paint, erect, or affix any signs,
advertisements, notices, or other lettering ("Signs") at, on, or about the Yard,
or any part thereof, without the prior written approval of the Director of
Engineering ("Director").
B. City may require Contractor to remove, repaint, or repair any Signs allowed.
If Contractor does not remove, repaint, or repair the Signs within 10 days of
Director's written demand, City may do so or cause the work to be done, and
Contractor will pay City's costs within 30 days of receipt of Director's invoice.
If payment is not timely made, the City may terminate this License upon 10
days written notice to Contractor.
3
22.Surrender. Contractor acknowledges and understands that this License is expressly
conditioned on the understanding that the Yard must be surrendered, upon the
expiration, termination, or cancellation of this License, in as good a condition as
received, reasonable use and wear, acts of God,fire and flood damage or destruction
where Contractor is without fault,excepted.Any reasonable costs incurred for repairs
or corrections for which Contractor is responsible under this License are payable by
Contractor to City as additional rent upon 30 days of written demand by City.
23.Enforcement Costs. In the event any legal action or proceeding is undertaken by
the City to repossess the Yard, to collect the rental payment(s) due hereunder, to
collect for any damages with regard to this License or the Yard, or to in any way
enforce the provisions of this License, Contractor agrees to pay all court costs,
expenses, and attorney's fees as a court of competent jurisdiction may adjudge
reasonable in said action or proceeding, or in the event of an appeal as allowed by
an appellate court, if a judgment is rendered in favor of the City.
24.Entire License.This License constitutes the entire agreement between the City and
Contractor for the use granted. All other agreements, promises and representations
with respect to this License, unless contained in this License, are expressly revoked.
The unenforceability, invalidity, or illegality of any provision of the License does not
render the other provisions of this License unenforceable, invalid, or illegal.
Executed in duplicate this_day of M(J C 2020.
AGREED TO BY:
CONTRACTOR CITY
DEA PIP�LINE MPANY, LLC CITY OF CORPUS CHRISTI
f
Y
B : , Vt By:
Name- 1' xl I�� �� hVf� )LJ K� Name: Michael Rodriguez
Title: G -0 �orgf>,' !A'I C(Ae Title: Chief of Staff
Date: � 'b w Z J Date:
Approved as to form this \` day of Ql G"` 2020.
By: anet Whitehead
Assist t CityAttorney
City Legal Department
Attachments to License:
Exhibit A: Yard description, M&B
Exhibit B: Yard survey plat
Exhibit C: Insurance Requirements
4
EXHIBIT A
TX-NU-0081.30000
DEAN EXPANSION
FIELD NOTES DESCRIPTION
FOR A PROPOSED ADDITIONAL TEMPORARY WORKSPACE TO BE ACQUIRED
BY DEAN PIPELINE COMPANY,LLC
ACROSS PROPERTY BELONGING TO
CITY OF CORPUS CHRISTI
LOCATED IN THE GREGORIO FARIAS GRANT SURVEY,A-592
NUECES COUNTY,TEXAS
Description of a proposed additional temporary workspace across property belonging to City of
Corpus Christi,a called 1.12 acres,more or less,being Lot 15,Block 2 of Countiss Addition,
described under Entry No.2008041477 of the Official Public Records of Nueces County,Texas,
located in the Gregorio Farias Grant Survey,A-592,Nueces County,Texas,and described as
follows:
BEGINNING at a found 1" iron pipe on the North corner of property belonging to City of
Corpus Christi,and having coordinates of X=1,270,873.98 and Y=17,203,554.71;
Thence South 21 degrees 49 minutes 53 seconds East,for a distance of 48.84 feet to a calculated
corner,being the East corner of property belonging to City of Corpus Christi;
Thence South 30 degrees 49 minutes 37 seconds West,for a distance of 377.34 feet to a
calculated corner,being the South corner of property belonging to City of Corpus Christi;
Thence North 21 degrees 49 minutes 53 seconds West,for a distance of 277.72 feet to an
existing fence comer on the West corner of property belonging to City of Corpus Christi;
Thence North 68 degrees 10 minutes 07 seconds East,for a distance of 300.00 feet to the said
POINT OF BEGINNING,and containing 1.12 acres of land more or less.
Additional Temporary Workspace
In addition,adjacent to and across any and all highways,roads,streets,railroads,canals,ditches,
streams or other waterways and pipelines and where the bearing of the easement changes,
grantee shall have the right to use additional temporary workspace as shown on Exhibit"B" for
the construction of the pipeline and appurtenant facilities.
All workspaces shown on Exhibit"B"are for construction purposes only and are not a part of the
easement.
All bearings,distances and coordinates are based on the NAD 83(2011)Texas South Zone
Coordinate System.The above described proposed additional temporary workspace is delineated
on a plat prepared by C.H. Fenstermaker&Associates,L.L.C.dated August 19,2019.
TE
-�JyPQ�� H a�9tf�
Leroy J.Gary,k S LE ROY J.(3ARX JR.
Texas RPLS Registration#6264 , 8204 Q
C.H. Fenstermaker&Associates,L.L.C. -9ti�SusB,.v�
135 Regency Square
Lafayette,LA 70508
337-237-2200 August 19,2019
Texas Firm No. 10028500
SHEET 1 OF 2
POINT OF BEGINNING
TX-NU-0083.30000 X= 1,270,873.98
LYNN J.GUERRA Y= 17,203,554.71
OPR 2011012855 FND.1"IRON PIPE
(NORTH CORNER OF
TX-NU-0082.30000 PROPERTY BELONGING TO
FND,1" ALBERTO BARRERA,JR.& Nao CITY OF CORPUS CHRISTI)
rIRON PIPE CHRIST/NEBARRERA a a
I OPR 2003005076
cp
EXIST.FENCE CORNER 9
� Nga 10 o�„E.
CALCULATED CORNER
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TX-NU-0081.30000
CITY OF CORPUS CHRISTI
CALLED 1.12 ACRES,MORE OR LESS,
LOT 15,BLOCK 2,COUNTISS ADDITION
OPR 2008041477 GREGORIO
NUECES COUNTY,TEXAS
a FARIAS GRANT
A-592
P�
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CL PROPOSED EASEMENT
c?
N
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➢A
V
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oc ADDITIONAL
A� TEMPORARY
o WORKSPACE
o
TX-NU-0082.20000
CITY OF CORPUS CHRISTI
DR VOL.672,PG.346
FND.2”IRON PIPE
ALL WORKSPACES SHOWN ARE
FOR CONSTRUCTION PURPOSES
ONLY AND ARE NOT A PART OF
T THE EASEMENT.
FOR THE EXCLUSIVE USE OF NOTES:
DEAN PIPE NY,LLC 1,THIS EXHIBIT REPRESENTS A PROPOSED EASEMENT/RIGHT-OF-WAY AND COMPLIES
WITH TBPLS MINIMUM STANDARDS OF PRACTICE FOR AN EASEMENT SURVEY.
I,Leroy J. reRQ�Ster� fessional
Land Surve r`lo'GS�� �Y, s at is true 2.ALL BEARINGS,DISTANCES,AREAS AND COORDINATES REFER TO THE TEXAS
and coa6¢qb f dge. COORDINATE SYSTEM NAD 83(2011),SOUTH ZONE 4205)U.S.SURVEY FEET,GRID,FOR
r
Md. !a9 SURFACE LINEAR MEASURE DIVIDE BY COMBINED SCALE FACTOR=0.999814473.
LEROY J GARY, 3.PARCEL LINES AS DEPICTED HEREON WERE BASED UPON LIMITED FIELD SURVEY&
q ' DESCRIPTIONS PROVIDED BY ENTERPRISE PRODUCTS,DEAN PIPELINE COMPANY,LLC OR
64 �P• ITS AGENTS.
e 44 J 4.PARCEL LIMITS REPRESENTED HEREON MAY NOT BE INCLUSIVE OF ALL PROPERTY
Registers surveyor
Registratl 64 OWNED BY LANDOWNER NOTED.
5.ABSTRACT LINES SHOWN HEREON ARE TAKEN FROM DIGITIZED SOURCES AND MAY NOT
LEGEND REFLECT ACTUAL GROUND LOCATIONS.
——— SECTION/ABSTRACT LINE 6. FOR ADDITIONAL INFORMATION,SEE ATTACHED LEGAL DESCRIPTION(EXHIBIT"A").
PROPERTY LINE
CL PROPOSED EASEMENT
EXHIBIT "B"
ADD.TEMP.WORKSPACE =1.12 ACRES SHEET 2 OF 2
TOTAL = 1.12 ACRES DEAN PIPELINE COMPANY, LLC
DEAN EXPANSION
ADDITIONAL TEMPORARY WORKSPACE
Scale:1"=60' CITY OF CORPUS CHRISTI
so' 0 30' 60' 1.12 ACRES
GREGORIO FARIAS GRANT SURVEY,A-592,NUECES COUNTY,TEXAS
' PROJ.MGR.:JCF REVISIONS
, C.H.Fenstermaker 8 Associates,L.L.C.
FENSTERMAKER 135 Regency Sq.Lafayette,LA 70508 CHIEFINSP.: No DATE:08/19/2019 REVISED BYSJM
Ph.337-237-2200 Fax.337-232-3299
www.fenstermaker.com DATE:08/17/2019 No. DATE: REVISED BY
Texas Firm No.10028500 FILENAME: T:\2019\219O379\DWG\ROW FILES\NUECES\TX-NU-0081.30000.dwg
EXHIBIT C
INSURANCE REQUIREMENTS
1. GRANTEE'S LIABILITY INSURANCE
A. Grantee must not commence work under this agreement until all insurance required herein
has been obtained and such insurance has been approved by the City. Grantee must not
allow any subcontractor to commence work until all similar insurance required of the
subcontractor has been obtained.
B. Grantee must furnish a copy of the Certificates of Insurance with applicable policy
endorsements, showing the following minimum coverage by insurance company(s)
acceptable to the City's Risk Manager.The City must be listed as an additional insured for
the General Liability and Auto Liability policies and a blanket waiver of subrogation is
required on all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30 day written notice of cancellation is Bodily Injury and Property Damage
required on all certificates or by policy Per occurrence- aggregate
endorsement
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
(including): $2,000,000 Aggregate
1. Commercial Broad Form
2. Premises—Operations
3. Underground Hazard(if applicable)
4. Products/ Completed Operations
Hazard
5. Contractual Liability
6. Independent Contractor
7. Personal Injury/Advertising Injury
8. Sudden & Accidental Pollution
Liability
UMBRELLA/EXCESS LIABILITY $10,000,000 Per Occurrence
$10,000,000 Aggregate
AUTOMOBILE LIABILITY $1,000,000 COMBINED SINGLE LIMIT
1. Owned Vehicles
2. Hired and Non-owned Vehicles
WORKERS'COMPENSATION Which Complies With The Texas Workers'
All States Endorsement is Required if Not Compensation Act
Domiciled in Texas
EMPLOYERS'LIABILITY $500,000/$500,000/$500,000
C. In the event of accidents of any kind,Grantee must furnish the Risk Manager with copies
of all reports related to this permit of such accidents within 10 days of any accident.
II. ADDITIONAL REQUIREMENTS
A. Grantee must obtain workers' compensation coverage through a licensed insurance
company in accordance with Texas law.The contract for coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The coverage
provided must be in amounts sufficient to assure that all workers'compensation obligations
incurred will be promptly met. An"All States"endorsement shall be required if Grantee
is not domiciled in Texas.
B. Grantee shall obtain and maintain in full force and effect for the duration of this Contract,
and any extension hereof, at Grantee's sole expense, insurance coverage written on an
occurrence basis, by companies authorized and admitted to do business in the State of
Texas and with an A.M.Best's rating of no less than A-VII.
C. The City shall be entitled, upon request and without expense, to receive copies of the
policies,declarations page and all endorsements thereto as they apply to the limits required
by the City. Grantee shall be required to comply with any such requests and shall submit
a copy of the replacement certificate of insurance to City at the address provided below
within 10 days of the requested change.Grantee shall pay any costs incurred resulting from
said changes.All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn:Risk Management
P.O.Box 9277
Corpus Christi,TX 78469-9277
(361)826-3980
D. Grantee agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• Name the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement or comparable policy language, as
respects operations, completed operations and activities of, or on behalf of, the named
insured performed under contract with the City, with the exception of the workers'
compensation and professional liability polices;
• Provide for an endorsement that the"other insurance"clause shall not apply to the City of
Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City;and
• Provide thirty(30)calendar days advance written notice directly to City of any suspension,
cancellation, non-renewal or material change in coverage, and not less than ten (10)
calendar days advance written notice for nonpayment of premium.
E. Within five(5)calendar days of a suspension,cancellation,or non-renewal of coverage,
Grantee shall provide a replacement Certificate of Insurance and applicable endorsements
to City.City shall have the option to suspend Grantee's performance should there be a lapse
in coverage at any time during this contract.Failure to provide and to maintain the required
insurance shall constitute a material breach of this agreement.
F. In addition to any other remedies the City may have upon Grantee's failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein
required,the City shall have the right to order Grantee to stop work hereunder until Grantee
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Grantee may be held responsible for payments of damages to persons or property resulting
from Grantee's or its subcontractor's performance of the work covered under this
agreement.
H. It is agreed that Grantee's insurance shall be deemed primary and non-contributory with
respect to any insurance or self insurance carried by the City of Corpus Christi for liability
arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this agreement.
Revocable Easement ins.req.
1/30/2020 ds Risk Mgmt.
so
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o� A
P Iv
AGENDA MEMORANDUM
WoRPORP�g4 First Reading Ordinance for the City Council Meeting April 14, 2020
1852
Second Reading Ordinance for the City Council Meeting April 21, 2020
DATE: March 27, 2020
TO: Peter Zanoni, City Manager
FROM: Kevin Norton, Director of Water Utilities
Kevin N(a)-cctexas.co m
361-826-1718
Update to Wastewater Winter Quarter Averaging calculation
CAPTION:
Ordinance amending Section 55-100 of the Corpus Christi Code of Ordinances regarding
wastewater winter quarter average usage calculation to be effective by May 1, 2020.
SUMMARY:
The calculation in the ordinance for a customer's winter quarter average needs to be revised to
accurately reflect the method to be used to calculate wastewater charges.
BACKGROUND AND FINDINGS:
As per City Council ordinance approved in September 17, 2019, Wastewater rates will be
calculated based on residential customer's winter quarter average. The current ordinance reflects
the method previously approved prior to January 2018.
As testing of the billing system progressed in early 2020, it was discovered that the Infor Utility
Billing System utilizes a common formula for Winter Quarter Averaging but was different from the
formula used by the H.T.E. Billing System. The method programmed in the Infor Utility Billing
System evaluates all readings taken during December, January and February. The system sums
the billable consumption for the readings taken during those months to arrive at a total winter
quarter consumption. The system calculates the number of days for that consumption as the
number of days between the most-recent reading prior to December and the latest reading in
February. The system calculates a daily usage by dividing the total winter quarter consumption
by the number of days, then multiplies by 30 to arrive at the new winter quarter average
consumption amount which is used to calculate the monthly wastewater charge. This monthly
wastewater charge would remain the same until a new winter quarter average is calculated the
following year. Customers will see wastewater charges reflecting their winter quarter average on
utility bills received after June 1, 2020.
In order to comply fully, the ordinance must be updated to reflect the actual calculation method
for winter quarter averaging within the Infor Utility Billing System.
ALTERNATIVES:
Delay implementation of the winter quarter average for wastewater charges and contract with
Infor to reprogram the calculation. This would increase the risk of other programming issues.
FINANCIAL IMPACT:
There would be a minimal impact on fiscal year wastewater revenue with this change in
calculation. Residential customers might experience higher wastewater charges during the higher
water use summer months if implementation is delayed.
Funding Detail: n/a
RECOMMENDATION:
Staff recommends approval of the ordinance.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Ordinance amending Section 55-100 of the Corpus Christi Code of Ordinances
regarding wastewater winter quarter average usage calculation to be effective by
May 1, 2020.
SECTION 1. Section 55-100 of the Corpus Christi Code of Ordinances regarding
wastewater rates is revised to read as follows regarding the winter quarter average usage
calculation as shown in underlined text below to be effective by May 1 , 2020.
Sec. 55-100. -Schedule.
(a) The monthly charge to be paid by users of wastewater service furnished by the city's municipal sewer
system,except as otherwise provided in articles VII and XI of chapter 55, shall be based on the amount
of water used by the user according to the following rates:
j111classificationL Qu@FteF AveFage
Wsage
Effective 2020
Inside city limits
One-family minimum monthly charge(first 2,000 gallons) $ 32.60
One family per 1,000 gallons over 2,000 6.69
Inside city limits
One-family maximum monthly charge(up to 25,000 gallons) 186.47
Outside city limits
One-family minimum monthly charge(first 2,000 gallons) 40.75
One-family per 1,000 gallons over 2,000 14.85
Outside city limits
One-family maximum monthly charge(up to 25,000 gallons) 382.30
CLASSIFICATION—COMMERCIAL Effective January 1,
2020
Inside city limits
Commercial minimum monthly charge(first 2,000 gallons) 44.75
Inside city limits
Commercial per 1,000 gallons over 2,000 4.79
Outside city limits
Commercial minimum monthly charge(first 2,000 gallons) 55.95
Outside city limits
Commercial per 1,000 gallons over 2,000 9.59
Page 1
(b)
By May 1, 2020,Tthe amount of water used to compute the
monthly bills for wastewater service to one-family residential customers shall be computed on the
basis of the "winter quarter average usage"that is calculated pursuant to this subsection and--A Aew
every year thereafter_
(1) Definitions.
a. Winter quarter averaging wastewater charge period: The period of water and wastewater
service during the three(31) preceding winter quarter months
of December, January and February. The initial winter quarter averaging wastewater charge
period occurs during the months December 2019 through March 2020.
b. Winter quarter average usage:The monthly wastewater usage established by the city during
the "winter quarter averaging wastewater charge period" based upon the customer's 30-day
averaged water consumption during that period.
c. Interim average usage:The monthly wastewater usage established by the city for individual
customers who have not established a "winter quarter average usage". The "interim
average" is three thousand (3,000) gallons per month, and is te-he the basis for monthly
wastewater chargests until a "winter quarter average usage" as defined in subsection
(b)(1)b. of this section is established for the individual customer.
d. Service area:The geographic region served by the city's wastewater system.
(2) Winter quarter average criteria.
a. The customer must receive wastewater service at one (1) location during the entire winter
quarter averaging wastewater charge period in order to establish a "winter average usage".
b. "Winter quarter average usage"charges shall apply to one-family residential customers only.
c. The following method will be used to calculate the customer's "winter quarter average
usage":
1. Add the customer 's water consumption during the winter quarter
averaging wastewater charge period to determine three-meth total winter quarterwater
consumption.
2. Divide three-mom" total winter quarter water consumption amount bythFee--(3)
the number of days between the reading in December and the latest reading in March
to determine the average daily usage. Q11nh wimteF qua,zK aVKage usage shall b
limi+o r. +n o movimi im of fin,onfi,_f"o +hni ico Rd (25,000) ga"GRS In the event a reading
in December does not exist, the most recent prior reading will be utilized.
3. Multiply the average daily usage by 30 to determine winter quarter average usage. Such
winter quarter average usage shall be limited to a maximum of twenty-five thousand
(25,000) gallons.
d. The following method will be used to calculate the customer's monthly wastewater chargeb 4:
apply the applicable wastewater rates established
in subsection (a) to calculate the customer's monthly wastewater charge4 4. The
adjusted rate that applies to service on and after May 1dI will reflect wastewater
usage based on the previous "winter quarter averaging wastewater charge period" . A
new winter quarter average usage shall be calculated by May 1�e annually based
upon the amount of water used during the winter quarter averaging wastewater charge
period.
e. New and relocating customers; adjustments:
1. Customers new to the service area, who have not established a "winter quarter
average",shall be billed at the"interim average" a rate.The"interim average 61sage
rate" is 3,000 gallons per month.
Page 2
2. Customers who are relocating within the service area,who established a"winter quarter
average fie" at their previous address, shall be billed haS;ed AR at the "interim
average usage rate" or their "winter quarter average" a rate at the previous
address, whichever is less.
3. Customers who are relocating within the service area, who have not established a
"winter quarter average" at their previous address, shall be billed at the "interim
average" a rate.
4. When a customer experiences a substantial increase in water or wastewater usage
from hidden water leaks in the plumbing system during the winter quarter average
charge period, and if the customer can produce proof of repairs, the director of water
utilitiesfOA;; AR or the director's designee may adjust the wastewater bill.
f. The City will begin in March 2020 to implement winter quarter averaging as soon-as the City
billing system has been programmed to calculate the wastewater bills utilizing winter
quarter average usage.
(c) The rates established in subsection (a) of this section are based upon water consumption for
wastewater service customers with wastewater characteristics of five hundred sixty-two (562) parts
per million or less by weight of chemical oxygen demand index,two hundred fifty(250) parts per million
or less by weight of biochemical oxygen demand index, and two hundred fifty (250) parts per million
or less by weight of suspended solids index. If the wastewater characteristics exceed any of these
parameters,the customer shall pay additional abnormal wastewater surcharges as provided in section
55-148.
Section 2. Publication shall be made in the official publication of the City of Corpus Christi
as required by the City Charter of the City of Corpus Christi. This ordinance takes effect
on date of publication, with the revised calculation method taking effect upon the dates
as stated herein.
That the foregoing ordinance was read for the first time and passed to its second reading on this the
day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
That the foregoing ordinance was read for the second time and passed finally on this the day of
2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
PASSED AND APPROVED on this the day of 2020
ATTEST:
Rebecca Huerta Joe McComb
City Secretary Mayor
Page 3
so
�o
p A
v
WoRPORPg4 AGENDA MEMORANDUM
1852
Action Item for the City Council Meeting April 21 , 2020
DATE: April 21 , 2020
TO: Peter Zanoni, City Manager
FROM: Jim Davis, Director of Asset Management
Jim D(a)cctexas.com
(361) 826-1909
Kim Baker, Director of Contracts and Procurement
KimB2(a)cctexas.com
(361) 826-3169
Upfitting and Repair Parts and Services for Asset Management
CAPTION:
Motion authorizing a three-year service agreement with C&S Plating and Bumper
Recycling, Inc., dba C&S Truck and Van Equipment, for a total amount not to exceed
$663,000.00, for upfitting and repair parts and services for Asset Management, effective
upon issuance of notice to proceed, with FY 2020 funding in the amount of $110,500.00
available through the Fleet Maintenance Service Fund.
SUMMARY:
This motion authorizes a three-year service agreement for upfitting and repair parts and
services for City vehicles. Upfitting services is necessary in order to fabricate, modify and
retrofit City vehicles with side steps, toolboxes, emergency lighting and various other
items and services. Repairs such as body work, electrical and suspension is also
performed on an as needed basis.
BACKGROUND AND FINDINGS:
The purpose for this service agreement is for upfitting and repair parts and services on
City vehicles. Asset Management utilizes these services in order to keep City vehicles up
and running. Currently, Asset Management utilizes these services on an as needed basis.
The Contracts and Procurement Department conducted a competitive Request for Bid
process to obtain bids for a new contract. The City received one responsive, responsible
bid. Staff determined the price to be fair and reasonable in comparison to the market in
Corpus Christi. The labor rate was found to be between $95.00 to $100.00 an hour for
this type of service, this contract provides a 40% discounted labor rate. Staff is
recommending the award to C&S Plating and Bumper Recycling Inc., dba C&S Truck and
Van Equipment.
ALTERNATIVES:
The alternative to accepting this bid would be to perform the upfitting repair and repair
parts and services in house. However, more employees, equipment and supplies will be
needed which would be a higher cost to the City.
FISCAL IMPACT:
The fiscal impact for Asset Management in FY 2020 is $ 110,500.00 for upfitting and
repair parts and services for City vehicles, with the remaining cost of$552,500.00 funded
in future years through the annual budget process.
Funding Detail:
Fund: 5110 Fleet Maintenance Services
Organization/Activity: 40170 Fleet Operations
Mission Element: 202 Maintain the Fleet
Project # (CIP Only): N/A
Account: 530100 Vehicle Repairs
RECOMMENDATION:
Staff recommends approval of this motion authorizing a three-year agreement with C&S
Plating and Bumper Recycling, Inc., dba C&S Truck and Van Equipment for upfitting and
repair parts and services as presented.
LIST OF SUPPORTING DOCUMENTS:
Bid Tabulation
Service Agreement
City of Corpus Christi Bid Tabulation
Contracts and Procurement RFB 2836 Upfitting and Repair Parts
Senior Buyer: Cynthia Perez and Services
C&S Plating and Bumper Recycling,
Inc.,dba C&S Truck and Van
Equipment
Corpus Christi, Texas
ITEM DESCRIPTION Qty. Unit Unit Price Extended Price
1 Labor- Rate for Repairs 3,000 Hours $60.00 $180,000.00
Estimated Mark up (%)
Spend
2 Parts and Materials $420,000.00 15 % $420,000+ $63,000 =
$483,000
TOTAL $663,000.00
SC
G° a
0
H SERVICE AGREEMENT NO. 2836
U
Upfitting and Repair Parts and Services
yeanaonn!e
1852
THIS Upfitting and Repair Parts and Services Agreement ("Agreement") is entered
into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and C&S Plating and Bumper Recycling, Inc., dba C & S Truck and
Van Equipment ("Contractor"), effective upon execution by the City Manager or the
City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Upfitting and Repair Parts and Services
in response to Request for Bid/Proposal No. 2836 ("RFB/RFP"), which RFB/RFP includes
the required scope of work and all specifications and which RFB/RFP and the
Contractor's bid or proposal response, as applicable, are incorporated by reference
in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in
its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Upfitting and Repair Parts and Services ("Services")
in accordance with the attached Scope of Work, as shown in Attachment A, the
content of which is incorporated by reference into this Agreement as if fully set
out here in its entirety, and in accordance with Exhibit 2.
2. Term. This Agreement is for three years, with performance commencing upon the
date of issuance of a notice to proceed from the Contract Administrator or the
Contracts and Procurement Department. The parties may mutually extend the
term of this Agreement for up to zero additional zero-year periods ("Option
Period(s)"), provided, the parties do so by written amendment prior to the
expiration of the original term or the then-current Option Period. The City's
extension authorization must be executed by the City Manager or designee.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$663,000.00, subject to approved extensions and changes. Payment will be made
for Services completed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. Contractor shall invoice no more
frequently than once per month. All pricing must be in accordance with the
attached Bid/Pricing Schedule, as shown in Attachment B, the content of which
is incorporated by reference into this Agreement as if fully set out here in its
entirety. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next option period.
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
Service Agreement Standard Form Page 1 of 7
Approved as to Legal Form November 11, 2019
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: Francisco Olvera, Jr.
Department: General Services Departments
Phone: (361) 826-1917
Email: FranciscoO@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
Service Agreement Standard Form Page 2 of 7
Approved as to Legal Form November 11, 2019
7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re-worked immediately at no charge
to the City. If immediate correction or re-working at no charge cannot be made
by the Contractor, a replacement service may be procured by the City on the
open market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
Service Agreement Standard Form Page 3 of 7
Approved as to Legal Form November 11, 2019
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or proposal or in an Attachment
to this Agreement, as applicable. In using subcontractors, the Contractor is
responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Contractor. All
requirements set forth as part of this Agreement, including the necessity of
providing a COI in advance to the City, are applicable to all subcontractors and
their employees to the same extent as if the Contractor and its employees had
performed the work. The City may, at the City's sole discretion, choose not to
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Francisco Olvera, Jr.
Title: Vehicle & Equipment Admin Inspector
Address: 5353 Ayers, Bldg. 3-13, Corpus Christi, Texas 78415
Phone:(361) 826-1917
Fax: (361) 826-4474
IF TO CONTRACTOR:
C&S Plating and Bumper Recycling, Inc.,dba C&S Truck and Van Equipment
Attn: Clifford Dehnert
Title: general Manager
Address: 2022 Saratoga Blvd., Corpus Christi, Texas 78417
Phone: (361) 854-0630
Fax: (361) 853-4786
Service Agreement Standard Form Page 4 of 7
Approved as to Legal Form November 11, 2019
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
comply with any of the terms of this Agreement. The Contract Administrator must
give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
Service Agreement Standard Form Page 5 of 7
Approved as to Legal Form November 11, 2019
20. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
21. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
22. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1 ); then,
D. the Contractor's bid response (Exhibit 2).
23. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
25. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1 ,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
26. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
Service Agreement Standard Form Page 6 of 7
Approved as to Legal Form November 11, 2019
CONTRACTOR
Signature:
Printed Name: Cliffor ehnert
Title: General Manager
Date: 03/23/2020
CITY OF CORPUS CHRISTI
Kim Baker
Director of Contracts and Procurement
Date:
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit l: RFB/RFP No. 2836
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement Standard Form Page 7 of 7
Approved as to Legal Form November 11, 2019
Attachment A - Scope of Work
1.1 General Requirements/Background Information
The Contractor shall provide upfitting and repair parts and services for the Fleet
Maintenance Department on an as needed basis.
1.2 Scope of Work
A. Service requirements:
1 . The Contractor shall provide upfitting services to include, but is not limited to
installation, fabricate and modify and or retrofit City vehicles and or
equipment including side steps, fool boxes, vises, hose reels, hitches, light
bars, emergency lighting, bed covers, suspension lifts, bed lining, under
coating, paint.
2. The Contractor shall perform repairs to include, but is not limited to, body,
electrical, suspension, and other miscellaneous services.
3. The Contractor shall have a paint booth.
4. The Contractor shall prime, paint and powder coat all manufactured parts.
5. The Contractor shall always stock common parts usually used for City
vehicles.
6. The Contractor shall have a one day turn around on under coats and bed
liners.
7. The Contractor shall not subcontract any repairs sent to them.
8. The Contractor shall be within the Corpus Christi City limits.
9. The Contractor shall perform both electrical and mechanical diagnostics.
10. The City shall not be responsible for any towing charges for immediate failures
after repairs have been completed. If immediate failures do occur while in
Contractors' possession, the Contractor will use the City's contracted towing
company.
11 . The Contractor must be willing to pick up and or deliver City vehicles if called
upon for services, when vehicles are drivable.
B. Lead Time:
The City vehicles and or equipment services shall be First Priority. This standard
shall apply to a full six-day work week, Monday through Saturday, and include
items covered under contract as well as non-contract.
C. Delivery:
1 . The City will tow the inoperative vehicle to the Contractor. The City will notify
the Contractor of vehicles being towed and delivered to the vendor for
services. The day the vehicle is received, the Contractor shall send an email
to the City of Corpus Christi, Asset Management Department Fleet Staff
Revised 11.08.19
indicating the date the vehicle was received and estimated completion
time of service.
2. The City of Corpus Christi Asset Management Department staff will transport
operative vehicles to the Contractor.
3. The Contractor shall have 4 business days to complete what is constituted as
a minor repair according to the manufacturer.
4. The Contractor shall have 8 business days to complete what is constituted as
a major repair according to the manufacturer. If additional days are
required, the Contractor shall obtain approval from the Corpus Christi Asset
Management Staff.
1.3 Work Site and Conditions
The Contractor must be located within a 25 miles radius of City of Corpus Christi shop;
located at 5352 Ayers Street.
1.4 Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control Program that
is acceptable to the Contract Administrator to assure that the requirements of the
Contract are provided as specified. The Contractor will also provide supervision of
the work to ensure it complies with the contract requirements.
1.5 Warranty
A. The Contractor shall warrant materials and workmanship against defects arising
from faulty material, faulty workmanship for a period of 12 months following the
final acceptance of the work and shall replace such defective materials or
workmanship without cost to the City.
B. Where items or equipment or material carry a manufacturer's warranty for any
period in excess of 12 months, then the manufacturer's warranty shall apply for
that piece of material or equipment. The Contractor shall replace such defective
equipment or materials, without cost to the City, within the manufacturer's
warranty period.
1.6 Compensation
All work will be paid on a time and material basis. Labor will be paid for actual hours
worked at the rate shown in the contract. Materials/parts will be compensated at
cost, receipts required and allowable markup as shown on the contract.
Revised 11 .08.19
i'
Attachment B - Bid/Pricing Schedule
was c�
CITY OF CORPUS CHRISTI
i CONTRACTS AND PROCUREMENT j
DEPARTMENT
• •F BID FORM
385
RFB No.2836
Up>iEffiing and Repair Parts and Services
Dale: 01/13/2020 PAGE 1 OF 1
Authorized
Bidder: C&S Truck Equipment Signature:
1. Refer to "Instructions to Bidders" and Contract Terms and C editions before
completing bid.
2. Quote your best price for each item.
3. In submitting this bid, Bidder certifies that:
a. the prices in this bid have been arrived at independently, without consultation.
communication, or agreement with any other Bidder or competitor, for the
purpose of restricting competition with regard to prices.
b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information
on file with City's Contracts and Procurement office, pursuant to the Code of
Ordinances, is current and true.
c. Bidder is current with all faxes due and company is in good standing with all
I applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
I
{tem Description Unit 3 Unit Price Extended
Year Price
t
i 1 Labor Rate for Repairs �— Hours 3,000 $ 60.00 $
180,000
Estimated Spend Mark Up% Estimated
Spend+
Mark U
2 Parts and Materials $420,000 15°10 420,000
63,000
Total Price for 3 Years - - _-- - ---.-_-
2a--- 3,000
Total amount $663,000.00
Attachment C- Insurance Requirements
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required
has been obtained and such insurance has been approved by the City. Contractor
must not allow any subcontractor Agency to commence work until all similar insurance
required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy
of Certificates of Insurance (COI) with applicable policy endorsements showing the
following minimum coverage by an insurance company(s) acceptable to the City's Risk
Manager. The City must be listed as an additional insured on the General liability and
Auto Liability policies by endorsement, and a waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
Commercial General Liability $1 ,000,000 Per Occurrence
Including:
1 . Commercial Broad Form
2. Premises - Operations
3. Products/ Completed
Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS' COMPENSATION Statutory
EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000
MOTOR TRUCK CARGO (or) $200,000 Combined Single Limit
TRIP TRANSIT
GARAGE KEEPERS PHYSICAL DAMAGE Actual Cash Value of Vehicles While in
COVERAGE including: Care, Custody or Control
1 . Physical Damage on a
Direct Primary Basis
C. In the event of accidents of any kind related to this agreement, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers' compensation coverage provided must be in an amount sufficient to assure
that all workers' compensation obligations incurred by the Contractor will be promptly
met.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Contractor shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, volunteers, and elected representatives
as additional insured by endorsement, as respects operations, completed operation
and activities of, or on behalf of, the named insured performed under contract with the
City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any
suspension, cancellation, non-renewal or material change in coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of
coverage, Contractor shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Contractor's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to remove the exhibit
hereunder, and/or withhold any payment(s) if any, which become due to Contractor
hereunder until Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor's performance of the work covered
under this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory
with respect to any insurance or self insurance carried by the City of Corpus Christi for
liability arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
2019 Insurance Requirements
Ins. Req. Exhibit - Contracts for General Services -Services Performed Onsite - Motor Truck
Cargo - Garage Keepers
11/01/2019 Risk Management - Legal Dept.
Attachment C - Bond Requirements
No bond requirements necessary for this service agreement; Section
5. Insurance; Bonds Subsection (B) is null for this service agreement.
Attachment D - Warranty Requirements
A. The Contractor shall warrant materials and workmanship against
defects arising from faulty material, faulty workmanship for a period of
12 months following the final acceptance of the work and shall replace
such defective materials or workmanship without cost to the City.
B. Where items or equipment or material carry a manufacturer's warranty
for any period in excess of 12 months, then the manufacturer's warranty
shall apply for that piece of material or equipment. The Contractor shall
replace such defective equipment or materials, without cost to the
City, within the manufacturer's warranty period.
so
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v
WoRPORPg4 AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting April 21 , 2020
DATE: April 21 , 2020
TO: Peter Zanoni, City Manager
FROM: Peter Collins, Director of Information Technology
Pete rC(a)cctexas.com
(361) 826-3735
Jeffrey Edmonds, Director of Engineering Services
Jeff reyE(a)cctexas.com
(361) 826-3851
Kim Baker, Director of Contracts and Procurement
KimB2(a)cctexas.com
(361) 826-3169
e-Builder Enterprise Software License Agreement
for Engineering Services
CAPTION:
Motion authorizing a five-year license agreement with e-Builder, Inc. in an amount of
$3,795,755.48 for the purchase of licenses and support maintenance for Engineering
Services, with FY 2020 funding in the amount of $1,121 ,549.46 available through the
Engineering Services Fund.
SUMMARY:
The motion authorizes a service agreement with e-Builder, Inc. for the purchase of
licenses and support maintenance for Engineering Services through a U.S. General
Services Administration (GSA) contract. This application is a cloud-based project
management information solution that is specifically designed to track and manage
portfolios of projects through the entire project lifecycle.
BACKGROUND AND FINDINGS:
Currently, the Engineering Services Department does not have a specialized application
program for managing the development of various documents for capital projects. The
document management during the construction process requires an enormous amount
of information and data transfer. Engineering Services uses a collection of standard
desktop tools such as email, file transfer applications, spreadsheets on Microsoft Excel,
hard-copy documents and manually developed reports to manage the flow of information.
This ad hoc manner of management is inefficient and causes delays to key business
processes such as project bidding, pay application approvals and change order
processing. Engineering Services currently has 57 active construction projects and 331
projects in various stages of design that are being managed through the inefficient and
timely process. E-builder will be used to track and manage these projects which account
for $110 million in Bond projects and $328 million in Capital Improvement Projects.
Additionally, e-Builder will allow for the easy transition of project management to
employees throughout the department.
There are commercially available applications that are developed specifically for
managing portfolios of projects. E-Builder is one such application. It is a cloud-based
project management information solution that is specifically designed to track and
manage portfolios of projects throughout the project lifecycle. E-Builder combines
planning, cost management, controls, process automation, reports, dashboards,
scheduling and bid management into one software program. In addition, this program will
integrate with our financial accounting system which will save time on processing,
enhance reporting capabilities, provide real time accurate data, and provide audit
oversight. The program has additional functionalities that can be utilized by other
operating departments to assist with tasks such as work order development, delivery
order development, permit processing, and invoice processing. E-builder will integrate
with the Infor system the City uses for various functions.
The Information Technology Department reached out to the Contracts and Procurement
Department to issue a long-term contract utilizing an existing GSA contract. Contracts
awarded through the GSA have been competitively procured, in compliance with Texas
local and state procurement requirements.
ALTERNATIVES:
An alternative would be for Engineering Services to continue to conduct project
management using current IT solutions. This is less efficient and will continue to result in
execution delays and other suboptimal project outcomes.
FINANCIAL IMPACT:
The fiscal impact for the Engineering Services in FY 2020 is an amount not to exceed
$1 ,121 ,549.46 for the first year of the five-year agreement with the remaining cost of
$2,674,206.02 to be budgeted in future years through the annual budget process.
Funding Detail:
Fund: 5310 Engineering Services
Organization/Activity: 11150 Dir of Engineering Services
Mission Element: 011 Managing Projects
Project # (CIP Only): n/a
Account: 550730 Computer Equip & Software
Cost: $546,367.90
Fund: 5310 Engineering Services
Organization/Activity: 11150 Dir of Engineering Services
Mission Element: 011 Managing Projects
Project # (CIP Only): n/a
Account: 550950 Outside Consultants
Cost: $575,181 .56
RECOMMENDATION:
Staff recommends approval of this motion authorizing a five-year agreement with e-
Builder, Inc., for the purchase and support of licenses for Engineering Services as
presented.
LIST OF SUPPORTING DOCUMENTS:
License Agreement
Price Sheet
mUs c,�
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A CO-OPERATIVE PURCHASE AGREEMENT NO. 2985
U
e-Builder Enterprise Software
fhaaaoRp
1852
THIS e-Builder Enterprise Software Co-operative Purchase Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation ("City") and e-Builder Inc. ("Contractor"), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
1. Co-operative Agreement. Contractor has agreed to provide e-Builder Enterprise
Software in accordance with its agreement with GSA Schedule-GS-35F-408AA
(the "Co-operative Agreement"), which is incorporated by reference herein as if
set out here in its entirety. In the event of a conflict between this Agreement and
the Co-operative Agreement, this Agreement shall govern to the extent allowed
by the Co-operative Agreement.
2. Scope. Contractor will provide e-Builder Enterprise Software in accordance with
the attached Statement of Work, as shown in Attachment A, the content of which
is incorporated by reference into this Agreement as if fully set out here in its
entirety.
3. Term. This Agreement is for five years. The parties may mutually extend the term
of this Agreement for up to zero additional zero-year periods ("Option Period(s)"),
provided, the parties do so by written amendment prior to the expiration of the
original term or the then-current Option Period.
4. Compensation and Payment. This Agreement is for an amount not to exceed
$3,795,755.48, subject to approved amendments and changes. All pricing must
be in accordance with the attached Quote, as shown in Attachment B, the
content of which is incorporated by reference into this Agreement as if fully set
out here in its entirety.
Invoices will be mailed to the following address:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
5. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
Co-operative Purchase Agreement Standard Form Page 1 of 3
IF TO CITY:
City of Corpus Christi
Attn: Holly Houghton
IT Business Analyst III
1201 Leopard St., Corpus Christi, TX 78401
Phone: 361-826-3753
Fax: n/a
IF TO CONTRACTOR:
e-Builder Inc.
Attn: Jeanne Prayther
CFO
13450 W. Sunrise Blvd., Suite 600, Sunrise, FL 33323
Phone: 800-580-9322
Fax: n/a
6. Entire Agreement. This Agreement, along with the Co-operative Agreement,
constitutes the entire agreement between the parties concerning the subject
matter of this Agreement and supersedes all prior negotiations, arrangements,
agreements and understandings, either oral or written, between the parties.
[Signature Page Follows]
Co-operative Purchase Agreement Standard Form Page 2 of 3
CONTRACTOR
DocuSigned by:
Signature: ;,
069833B5563C42B...
Printed Name: 7eanne Prayther
Title: chief Financial OFficer
Date: 3/24/2020
CITY OF CORPUS CHRISTI
Kim Baker
Director of Contracts and Procurement
Date:
APPROVED AS TO LEGAL FORM:
Assistant City Attorney Date
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment Bl : Travel Reimbursement for Contractors
2019
Incorporated by Reference Only:
Co-operative Agreement: GSA Schedule-GS-35F-408AA
Co-operative Purchase Agreement Standard Form Page 3 of 3
Attachment A
Scope of Work
Annual Software Subscription Scope:
• Unlimited Users
• Unlimited Projects
• Unlimited Document Storage
• 24x7 Technical Support
• Quarterly Enhancement/Upgrades
• Maintenance Releases
• Custom Development Maintenance
• Open API Maintenance Fee
• Business Intelligence (BI) Maintenance Fee (If Applicable*)
• Sandbox Maintenance Fee
• BIM Maintenance Fee(lfapplicable*)
• AppXchange (15 Integration Points)
• Fed RAMP
• Premium Training Bundle/Quarterly Release Training
• Premium Support
*Customer is purchasing the e-Builder Enterprise Government Edition. The Government edition includes
subscriptions to Business Intelligence and BIM.These product add-ons are not considered active as their
activation, configuration, and training are not in scope. If activation of one of these product add-ons is
desired, Customer agrees to pay for activation under a separate amendment to this Agreement.
Implementation Services Scope
Phase& Deliverables Scope Comments
Project Kickoff& Discovery
Kick-off Meeting Included 2-4 weeks after contract execution
Implementation Goals Included Defined during Kickoff
Success Matrix Included Defined during Kickoff
Initial Project Schedule Included Defined during Discovery
Data Gathering Guide Included Defined during Discovery
Project Design & Requirements
Solution Document Included Requirements& Solution Design
Project Configuration &Testing
Co-operative Purchase Agreement Standard Form Page 1 of 15
Phase& Deliverables Scope Comments
Home
Projects
Core Modules Calendar
Contacts
Setup
Planning Module 1-Templates • Scenario Template
Cost& Funding Module 3-Templates • Funding
• Budget
• Cash Flow
Schedule Module 1-Templates
Forms Module Activation Only Form Type(s):
• 60 Standard Forms
Process Module 18-Processes Structured Workflow(s):
• Project Request(Creates Project &
Spawns Project Initiation) (PR)*
• Project Initiation (PI)
• Designer Selection (DS)
• Professional Services Contract
Approval (Designer& Consultants)
(PSCA)
• Professional Services Invoice
Approval (PSTN)
• Design Review(DR)
• Change Order (CO)
• Daily Inspection (DI)
• Payment Application Approval
(PAYAP)
• Contract Approval (Master
Commitment) (IDIQ)
• Construction Contract Approval (CCA)
• Permit Approval (PA)
• Documents Expiration Tracking (DET)
(Certificates, Warranties, Insurance
Policies, Etc.)
• Request for Information (RFI) (for
Construction) -Can spawn a CO
• Request for Proposal (RFP) (for
Services) - Can Spawn a PSCA
• Request for Quotation (RFQ) (for
Engineers) - Can Spawn a CCA
• Project Closeout (PC)
• Construction Submittals (CSA)
Co-operative Purchase Agreement Standard Form Page 2 of 15
Phase& Deliverables Scope Comments
Document Module 1-Templates
Dashboard Module Activation Only • Executive Summary
• Admin dashboard
Reports Module Activation Only • 120 Standard Reports
• + 1 Log Report per Process Type
Submittal Module Standard
Time Tracking Module Standard
Portfolio Management Level Cost Standard • Master Funding
• Master Commitments
• Master Commitment Changes
• Master Invoices
Import Toolkit Standard +Use Training
Single Sign-On (SSO) Standard
EZ File (Local) Standard
DocuSign 8-Processes e-Signature for the following processes:
• Professional Services Contract
Approval (PSCA)
• Design Review(DR)
• Change Order(CO)
• Contract Approval (IDIQ)
• Construction Contract Approval (CCA)
• Request For Information (RFI)
• Construction Submittal Approval
(CSA)
• Payment Application Approval
(PAYAP)
Sandbox Standard Per the Sandbox Section Below
Data Warehouse Standard Per the Data Warehouse Section Below
Project Training&Adoption
Admin Training 2-Sessions Onsite 3 days Duration Each/5 Users Maximum
Each Session
End User Training 2-Sessions Onsite 2 days Duration Each/20 Users Maximum
Each Session
Train-the-Trainer 1-Session Onsite 2 days Duration/5 Users Maximum Each
Session
Onsite Support 4-Sessions Onsite 4 Days Duration Each Session
Co-operative Purchase Agreement Standard Form Page 3 of 15
Phase& Deliverables Scope Comments
Adoption Calls 4-Calls Weekly call for 4-Weeks—Scheduled and
Conducted by e-Builder Professional
Services.
*Project Request Process: To automate the creation of a Project from the Project Request Process, the
following assumptions must be met during configuration.
1. Data entry fields from the Project Request Process are limited to the population of standard Project
fields and Project Custom fields.
2.Automated application of templates is limited to the following template types:
• Project
• Budget
• Cashflow
• Schedule
AppXchange TM Integration Scope
During the Discovery Phase of the implementation,the e-Builder Project Team will conduct an integration
discovery session to identify and document the detailed system integration requirements. The scope of
the integration is based on information provided by Customer at the time of contract execution and is
subject to change based on the detailed requirements.
Integration Methodology
e-Builder AppXchange will be used to integrate and share data between e-Builder Enterprise and ArcGIS
and INFOR.
The e-Builder AppXchange integration platform includes options to deliver proven, configurable pre-built
system integrations, self-service tools,and an extensible framework that delivers the power and flexibility
capital construction owners need to easily solve complex business challenges.
e-Builder has partnered with Dell Boom iT'", the market leading Integration Platform as a Service (iPaaS),
to easily, and cost-effectively, support all application integration needs across a hybrid IT infrastructure.
As part of the implementation, certified e-Builder AppXchange integration specialists work closely with
business and IT teams to configure, test, and deploy each integration to ensure the final solution meets
your needs. To accelerate the process, the integration specialists begin with application-specific
integration workflow templates from the e-Builder AppXchange library. Then, visual drag-and-drop tools
are used to efficiently design and configure integration workflows, field mappings, and data
transformation rules to match e-Builder Enterprise configurations and the target application
requirements.
Co-operative Purchase Agreement Standard Form Page 4 of 15
Integration Scenarios
The e-Builder AppXchange integration platform supports virtually any integration scenario, connecting
e-Builder Enterprise to other SaaS applications in the cloud, securely exchanging data with on-premise
applications behind your firewall, or any combination of the two. Organizational policy may place certain
constraints on or dictate specific approaches for integrating applications. e-Builder AppXchange has the
flexibility to accommodate these requirements.
e-Builder AppXchange supports integration with cloud applications through both direct API-to-API native
integration and integration workflows modeled within the Dell Boomi platform available within e-Builder
Enterprise. On-premise application integrations are executed from a small integration runtime engine
installed by the customer on their network, where it can reach the target application.
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Integration Scenarios
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Integration Points
Based on the discussions with the Customer, the e-Builder team has identified the following integration
data objects, which are included in this Agreement:
Integration Data Originating Receiving
Objects Description of Integration Point(s)
1 System System
Project e-Builder ArcGIS Information to create the project record in ArcGIS
Information Enterprise
Co-operative Purchase Agreement Standard Form Page 5 of 15
Integration Data Originating Receiving
Objects Description of Integration Point(s)
1 System System
Project ArcGIS e-Buil er
ris
Information Enterprise
Update e-Builder Project Custom Fields.
Commitment e-Builder INFOR Professional Services Contract Approval Request
Enterprise
Commitment e-Builder
INFOR Enterprise Professional Services Contract Approval Response
Master e-Builder INFOR IDIQ Contract Approval Request
Commitment Enterprise
Master INFOR e-Builder IDIQApproval Response
Commitment Enterprise
Commitment e-Builder
Enterprise INFOR Construction Contract Approval Request
Commitment e-Builder
INFOR Construction Contract Approval Response
Enterprise
Commitment e-Builder INFOR Payment Application Approval Request
Invoice Enterprise
Commitment INFOR e-Builder Payment Application Approval Response
Invoice Enterprise
Commitment e-Builder
INFOR Payment Application Payment Response
Invoice Enterprise
Commitment e-Builder
Invoice Enterprise INFOR Professional Services Invoice Approval Request
Commitment INFOR e-Builder professional Services Invoice Approval Response
Invoice Enterprise
Commitment e-Builder
Invoice INFOR Enterprise Professional Services Invoice Payment Response
Time Tracking e-Builder INFOR Time Tracking hours to be charged
Enterprise
Integration Assumptions
• An Integration Point is defined as an integration data object transferred in one direction from one
system to another via a single integration workflow.
• The integration pricing is based on the discussions and details provided by the Customer at the
time of execution of this Agreement. Should additional details or requirements be identified
during integration requirements session conducted bythee-Builder Project Team,such items may
require additional scoping and will require approval by the customer, before being implemented.
Co-operative Purchase Agreement Standard Form Page 6 of 15
• The Customer will configure and maintain the Secure FTP (SFTP) site for batch file transfer, if
required for the integration.
• The Customer is responsible for making any configuration, development, programming or
reporting changes to their respective internal system in order to support the integration
method(s)and templates implemented.
• Any custom development provided under this Agreement is in support of the identified Data
Objects, which represent individual integration instances between e-Builder and the Customer
System. Additional integration points, integration instances, or systems not identified in this
Agreement are subject to a change in scope.
• If the Customer requests for an e-Builder Developer to repair a non-functioning data point, due
to a change in the Customers Data Source or any other reason, a separately executed
amendment to this Agreement detailing the scope and cost will be required. The amendment
will be developed and delivered by the e-Builder Account Manager assigned to the Customer's
account.
Custom Development Scope
The e-Builder team has identified the following custom development requirements provided by the
Customer.
Custom
Development Item Description of Custom Development
In the Project Request process, there is a requirement to create the project once
Automation Step it is approved.Within a defined e-Builder Enterprise process, the system will
automatically add the approved project without templates application.
Managed Services
Customer is purchasing e-Builder Managed Services which is one (1) Half Time (1/2) e-Builder Managed
Services resource to be assigned to perform Professional Services tasks which include:
• e-Builder administration
o Creation of new user accounts
o Setting up permissions
o New process Rollouts
o General user support
o Project administration
o Account maintenance (e.g. role and user clean up)
Co-operative Purchase Agreement Standard Form Page 7 of 15
• e-Builder Training and Education
o Creating and maintaining training materials
o New user basic training
o Workflow training
o Administrator training
o Training on new features
• Data Analysis
o Evaluate use of cost management
o Leverage best practices
• Process Improvement and process rollouts
o Provide training on process design
o Conduct design sessions and requirements documentation
o Process testing
• Reporting assistance
o Report cleanup
o Create reports and repot subscription
o Dashboard creation and modification
Place of Performance:The Managed Services resource will perform the above Professional Services tasks
onsite and remotely. The following are assumptions related to Travel to the Customer's site:
• (6) Six Man Trips are required per year.The rest of the Managed Services work will be performed
remotely.
• All Travel shall occur during hours allotted in the half time Managed Services work schedule.
Term: e-Builder shall be afforded ninety (90) days to one-hundred and twenty (120) days from the time
of the full execution of this Agreement(and Purchase Order receipt, if applicable)to provision the
Managed Services resource.The Term shall be one(3)year from the Notice to Proceed.The Notice
to Proceed will occur before project kickoff.There is preparation work needed.A project plan will
be done before project kickoff. e-Builder and Customer will agree on the Notice to Proceed date
after e-Builder has assigned the Managed Services resource.
Schedule:
• When Customer purchases its (1) One e-Builder resource under this Agreement, it means the
Managed Services resource is dedicating (50%) fifty percent of its time to support Customer.
Customer is guaranteed its resource for(80) eighty hours per month, however Customer
is not allowed to transfer any "unused" hours from the then-current month to future months,
assuming the e-Builder Managed Resource is directed to work by the Customer to work less hours
than allotted.
• Scheduled time off for the Managed Services resource will be requested and approved according
to e-Builder's time off process and policies. The Customer will be notified of scheduled time off
Co-operative Purchase Agreement Standard Form Page 8 of 15
requests upon approval.Scheduled time off includes paid time off("PTO"), holidays,and e-Builder
sponsored employee events. Customer agrees that the annual fee includes time for scheduled
time off.
• Unscheduled time off for the Managed Services resource will be requested and approved
according to e-Builder's procedures and policies. The Customer will be informed of unscheduled
time off upon approval. Unscheduled time off includes sick leave, medical leave, etc.
Disclaimer:
• Managed Services does not include any development hours. If custom development is needed
for any projects being worked under this Managed Services contract, an amendment to this
Agreement will be created. Common custom development items include custom reporting and
integration.
• e-Builder reserves the right to change the assigned resource and provide a satisfactory
replacement.
Other Annual Subscription Detail Items
Premium Training Bundle/Quarterly Release Training
e-Builder will provide onsite training for each quarterly enhancement release. The offering provides 2-
days of onsite training on new functionality and assistance with configuration and implementation of new
functionality per quarter. This training ensures you are maximizing your ROI by taking advantage of the
newest functionality and capabilities within e-Builder Enterprise. Travel and Expenses will be billed as
incurred.
Premium Support
e-Builder will provide a dedicated team of e-Builder Enterprise subject matter experts knowledgeable in
the Customer's configuration. The dedicated team members are focused solely on Premium Support
Customers. The value the Customer's e-Builder Enterprise administrators can expect from this service is
to work with team members who have a deep and broad knowledge of the Customer's specific e-Builder
Enterprise configuration, vertical and industry best practices. Premium Support tasks include:
• One point of contact for questions and problems
• Weekly communication of Customer's case summary, status and next steps
• Support for Customer's team during planned maintenance activities on production platform
• Proactive case monitoring
• Provide health check of e-Builder Enterprise configuration, including security and processes
twice a year
• Conduct how to's and refresher admin one-to-one training
• Provide demonstrations and recommendations to maximize Customer's investment in e-Builder
Enterprise
Co-operative Purchase Agreement Standard Form Page 9 of 15
• Early one-to-one reviews of upcoming releases to determine potential impact on Customer's e-
Builder Enterprise configuration
AppXchange Open API
Open Integration Layer Design-The e-Builder Enterprise Application Architecture has a tiered design with
an Integration Layer which uses the Microsoft .NET framework to promote interfacing and exchanging
data with our customers' existing or future systems. The options for interfacing and exchanging data are
managed with e-Builder Enterprise's included tools to support:
✓Ad-Hoc or On-demand Interfacing
✓ Batch Interfacing
✓ Web Services, Real-time Interfacing
✓ Workflow Driven Interfacing with Application Programming Interfaces (API's)
Our RESTful Web Services API's support integration with other systems and facilitate real-time data
exchanges.
As part of our efforts to improve our integration capabilities,our AppXchange offering provides customers
with the option to integrate with e-Builder Enterprise using Dell Boomi's Integration Platform as a Service
(iPaaS). This enables customers to used application connectors (e.g., ERP, accounting, etc.) to quickly
configure new integrations between e-Builder and the most commonly used enterprise applications(e.g.,
Oracle, Lawson, Salesforce, SAP, etc.).
EZ File Transfer Tool(EZ File)
e-Builder Enterprise provides an Easy File Transfer tool (EZ File)for the movement of document files. The
EZ File tool makes it easier for our clients to upload and download many files on a frequent basis. For
example, clients that wish to support the BIM file coordination process within e-Builder Enterprise would
find value with this service. The EZ File is a supported file transfer service built into the e-Builder
Enterprise architecture. It provides a "doorway' into the folders and files stored on the e-Builder servers.
Using the e-Builder EZ File, our clients can upload and download files and folders between e-Builder and
their computers without having to work directly within the e-Builder application in a browser. EZ File
utilizes an industry standard file transfer method called WebDAV (Web-based Distributed Authoring and
Versioning). WebDAV is commonly used to publish and manage files and directories on a remote web
server. EZ File requires Customer to use a 3rd party WebDAV user interface client to manage the upload
and download process. e-Builder's EZ File tool includes one (1) license to Syncovery. Any additional
licenses or any additional upgrades to Syncovery required by Customer are not included and are
Customer's responsibility. For both manual uploads and automated using the EZ File,the folder location(s)
is determined by the user.
Co-operative Purchase Agreement Standard Form Page 10 of 15
Sandbox
e-Builder will provide the Customer with one (1) e-Builder Enterprise Sandbox for the CIP Solution. The
e-Builder Enterprise Sandbox is a copy of the Customer's production environment configuration. This
environment can be used for testing and validation purposes.
The following services will be performed to deliver the e-Builder Enterprise Sandbox:
1. Initial Setup—The design and configuration of an e-Builder Enterprise Sandbox environment.This
environment will, include a copy of all configuration and database information from the
Customers e-Builder Enterprise production account for CIP. In addition, customer may request up
to 10 GB of documents from one or more projects to be loaded from the production account to
the sandbox environment.
2. Ongoing Maintenance-Ongoing maintenance and support of the Customer's e-Builder Enterprise
Sandbox will include the following:
a. Server infrastructure and software updates; and
b. Up to one (1) data refresh per month. The Customer will notify their e-Builder Account
Manager at least one (1)week prior to when a data refresh is needed. This data load will
be from the Customer's e-Builder Enterprise production account. A data refresh will
remove all previous information and configuration data from the sandbox environment
and replace it with a current copy of production configuration and data.
e-Builder Enterprise Sandbox Summary -The purpose of the Sandbox environment is to serve as a test
environment for the Customer. There are certain functionalities and services that are and are not
included.The e-Builder Enterprise Sandbox is a separate environment from Production and is provided on
a different server hardware configuration.As such, performance is not guaranteed to be the same as your
production environment.
Features and Services included in the Sandbox environment:
• e-Builder Enterprise Application
• Processes
• Scheduled Tasks
• Automated Steps
• Standard Reporting
• Standard Search
• Import and Export
• e-Builder API Access
• Up to 10 GB of Document Storage
Features and Services not included in the Sandbox environment:
Co-operative Purchase Agreement Standard Form Page 11 of 15
• Email Notifications
• Subscriptions
• Inbound (Document, workflow, or messaging)
• Single Sign-On Services
• Scheduled Reports
• Business Intelligence Reports
• Fax Services
• Document Content Search
• Document Redlining
• Bidder Portal
• BIM 3D Modeling Service
• File Synchronization (EZ File Transfer Tool)
• Project Equipment Functionality
Single Sign-On (SSO)
Single Sign-On (SSO) — e-Builder supports Single Sign-On through a number of federated identify
standards: SAML 2.0 (Security Assertion Markup Language) and WS-Federations. If the Customer already
has a SAML or WS-Federation compliant identity management system in place(e.g., Ping Federate,Oracle
Access Manager/COREid, Tivoli Access Manager, Site Minder for SAML or MS Active Directory for WS-
Federations), e-Builder will be able to integrate directly.
The scope assumes that Customer has installed an IDP SSO server supporting SAML 2.0 and it is up and
running.Standard SSL port 443 will be used to secure data over the internet.e-Builder Enterprise currently
supports only IDP initiated SSO connections.
Data Warehouse
Data Warehouse is provided as a Companion Product* to e-Builder Enterprise which provides capital
project performance data for use in enterprise reporting. It allows you to combine data with other
enterprise data sets, including Enterprise Resource Planning, Customer Relationship Management,
Human Capital Management, and other public or proprietary data for actionable intelligence or decision
making. Most organizations will use best in class Business Intelligence solutions such as Tableau, Power
BI, Qlik, Hyperion, Cognos or other platforms on top of or in concert with the e-Builder Data Warehouse.
With e-Builder Enterprise Data Warehouse, you can leverage your own experts to extract value from
capital improvement data, visualize information, publish dashboards through top Business Intelligence
tools, and build trust through data democratization.
e-Builder provides the e-Builder Administrator with an endpoint and credentials (Schema, Username and
Password).Through our Professional Services organization,e-Builder will test to ensure you are connected
and onboard your delegates(description below). Professional Services are required as per the description
below. How you connect to the Data Warehouse is dependent upon the Business Intelligence (BI) and
Modeling tool that your organization chooses.
Co-operative Purchase Agreement Standard Form Page 12 of 15
During the Design Phase of the implementation, the e-Builder Project Team will help you to connect to
the Data Warehouse and onboard your delegates (description below). How you connect to the Data
Warehouse is dependent upon the Business Intelligence (BI) and Modeling tool that your organization
chooses.
Connectivity to Data Warehouse
e-Builder provides you with an endpoint and credentials (Schema, Username and Password).
DATA SOURCES DATA ACCESS
------------------------------------
Connect and consume using your preferred tool ;
--------------------------------------
L-I�UllCii'_r —E Builder Refresh process E-builder DATA
Project&Program related WAREHOUSE Consume
Information
Analytics
Connect using the Schema,
i-lJsername and Password.... .
FIN DModelling Reporting,
A
T
—� CLIENT DATA/ consume
A DATA WAREHOUSI:
(if available) 81 Apps
F
Operational
System
Professional Services Onboarding
To support your e-Builder Data Warehouse initiative, a Professional Service representative will remotely
deliver the following:
1. Facilitate and Host a Kick—Off Meeting
2. Provide technical documentation to IT(or delegate team)team and confirm connectivity
3. Work with customer analytics team—walking through data structure map in e-Builder by
module. Examples might include Forms/Processes, Documents/Submittals, and Cost
4. Facilitate Meetings& Follow Up calls
The Professional Services organization is not scoping work as Data Experts, 3rd Party Integration, BI
Experts, or Data Advisors. Professional Services is happy to:
1. Answer GENERAL questions about connecting to the Data Warehouse.
2. Provide a warm introduction to Partners that are experts in Data Warehouse and Business
Intelligence for Capital Program Management clients.
Once established, and connectivity is confirmed,the customer will need to adopt a self-service approach.
This typically follows the company's Data Strategy.The Data Warehouse Users(e.g.Analyst/Scientist)will
bring the expertise in their specific data environment and connectivity requirements.
Co-operative Purchase Agreement Standard Form Page 13 of 15
Services and Support
Availability: The e-Builder Enterprise Data Warehouse is refreshed one time in a 24 hour period. The
refresh will be determined by region, generally [OVERNIGHT], starting at midnight in the region.
Support: The e-Builder Administrator will follow the same process to request support by logging a ticket
for Data Warehouse.
Infrastructure Overview
e-Builder leverages Amazon Web Services, Inc. T", the world's most comprehensive and broadly adopted
cloud platform, to deliver the Enterprise Data Warehouse. The services include Matillion ETL for Amazon
Redshift to ensure fast data load performance, simple configuration, Internet hosting, and data
warehouse. This infrastructure enables e-Builder to take advantage of power, performance, and cost
competitive tools. The benefit to customers is that there is access to purpose-built technology to process
data in multiple regions based on standard industry protocols. Amazon publishes / maintains the most
current list of Business Intelligence Partners online. Please check for the most up-to-date list.
FedRAMP
The e-Builder Enterprise FedRAMP Edition project management information system (PMIS) is being
purchased and it provides Federally approved levels of security controls and compliance features not
offered by public clouds. Federal, state and local governments will benefit from this additional level of
security that is federally mandated. e-Builder is now designated by the FedRAMP Program Management
Office (PMO) as a FedRAMP Ready solution for their Readiness Assessment Report(RAR) program,
making it easy for US Federal Agencies to implement modern Software-as-a-Service (SaaS) project
management in their construction organizations.
Disclaimer: e-Builder's FedRAMP software is currently designated as "FedRAMP Ready'. Customer
agrees that there is no obligation for e-Builder to achieve "FedRAMP Approved" designation.
The Federal Risk and Authorization Management Program (FedRAMP) is a government-wide program
that provides a standardized approach to security assessment, authorization, and continuous monitoring
for cloud products and services. FedRAMP is mandatory for Federal Agency cloud deployments and
service models at the low and moderate risk impact levels. Additional information on FedRAMP,
including the FedRAMP Concept of Operations (CONOPS) and Guide to Understanding FedRAMP.
Additional information about e-Builder Enterprise Government Edition can be found here:
https://marketplace.fedramp.gov/#/product/e-builder-enterprise-government-
edition?sort=productName.
Co-operative Purchase Agreement Standard Form Page 14 of 15
Customer Responsibilities & Implementation Assumptions
The following responsibilities and assumptions are necessary for the successful completion of this
implementation. In the event that an item below does not occur in the manner or time frame defined, e-
Builder may request to meet with the Customer and mutually agree upon an adjustment to the schedule,
work activities and fees.
• The Customer will make best efforts to ensure the committed participation of all appropriate
technical and user personnel throughout the project, including but not limited to periodic status
reviews. Customer resources provided during the technical and functional sessions must be
empowered to make decisions on project direction.
• The e-Builder implementation team will work jointly with the Customer team to resolve all issues
including those impacting the scope and timeline. Issues that may impact the progress and the
schedule will be documented. If the issue is critical, e-Builder will present the issue to the
Customer in writing as quickly as possible. Once the issue is presented in writing the Customer is
expected to respond within two(2) business days. If the issue cannot be resolved within two days,
they will notify e-Builder and arrange a meeting with all relevant personnel to resolve this issue.
Failure to do so could impact the cost and schedule of the e-Builder implementation project.
• All necessary content (data, text and graphics) will be provided to e-Builder prior to the creative
processes (if applicable).
• Unless specifically identified as deliverables within this document, Customer will enter any
historical data from past projects to enable historical analysis.
• Unless specifically identified as deliverables within this document, data migration, system
integrations or custom development of any kind is not included within the scope of the e-Builder
implementation project. These items can be included through the change management process
if identified as required items.
• All change requests received and approved will be listed on an amendment to this Agreement.
Each Amendment must be signed and accepted prior to initiating additional work by e-Builder.
Co-operative Purchase Agreement Standard Form Page 15 of 15
Attachment B
Bid / Pricing Schedule
The following details the investment summary for the Annual Software Subscription and the One-Time
Implementation Services for the e-Builder Enterprise TM system.
Annual Software Subscription
SIN Part Number Product Description Quantity Annual Price
132- eB-Ent-Gov- e-Builder Enterprise 1 $217,086.47
52 300M- Government Edition which
Capital_Program includes core
platform and unlimited users
for capital programs up to $300
million USD. One-year
subscription license with auto
renewal. Includes e-Builder
Enterprise 300M Capital
Program, Business Intelligence
Add-on, Sandbox, oData API,
and BIM
132- EB-APPX-SUB- e-Builder AppXchange platform 1 $23,924.69
52 Platform subscription which includes up
to 5 Integration points. One-
year subscription license.
Requires purchase of SIN 132-
51 for implementation
132- EB-APPX-SUB- e-Builder AppXchange 2 $29,662.98
52 51P subscription for up to 5
additional points. Requires
purchase of SIN 132-51 for
implementation
Item Scope Variable Annual Price
Single Sign-On (SSO) Annual Subscription $7,995.00
Open Market
Premium Training Annual Quarterly Release Training $17,970.00
Bundle (2-days onsite/quarter)
Open Market
Premium Support Annual Premium Support $42,000.00
Open Market
Data Warehouse Annual Subscription $47,759.02
Open Market
Co-operative Purchase Agreement Standard Form Page 1 of 5
EZ File Annual Subscription $2,995.00
Open market
FedRAMP Annual Subscription $108,543.24
Open Market
Custom Development Annual Subscription $516.02
Maintenance
Open Market
GSA Quantity Discount for Task Orders Over$250,000- 1% ($4,984.52)
Total Annual Software Subscription $493,467.90
Annual Managed Services
SIN Part Number Product Description UOI Annual Price
132-51 Managed Design, configuration, Annual $129,672.54
Services- 50% documentation, and training
FTE—Tier 1 of e-Builder Enterprise. Work
with stakeholders to develop
and execute UAT strategies.
1020 hours of service per year
included in prices. Tier 1
applies to all locations across
the continental United States
except Metro New York and
San Francisco
GSA Quantity Discount for Task Orders Over$250,000- 1% ($1,296.73)
Total Annual Software Subscription $128,375.81
One-Time Implementation Services
Item Scope Variable Hours Price
e-Builder Enterprise Per Implementation 2,013.00 $345,106.10
Implementation, Services Scope section
Setup, Deployment, below
Training,&On-site
Support
e-BuilderAppXchange Pere-Builder Enterprise 483.00 $82,980.52
AppXchange Integration
Scope section
GSA Quantity Discount for Task Orders Over$250,000-1% ($4,280.87)
Co-operative Purchase Agreement Standard Form Page 2 of 5
Total One-Time Implementation Services I 2,496.00 I $423,805.75 I
Labor Proposal GSA Detail—Breakdown of Hours per Resource Based on Above Implementation Scope
SIN Labor Category Rate Hours Price
132-51 Project Manager II $186.20 429.00 $79,879.80
132-51 Business Analyst $168.46 2,067.00 $348,206.82
GSA Implementation Proposal $428,086.62
Total e-Builder Enterprise Year 1 Investment
Item Price
Total Annual Software Subscription $493,467.90
Total Annual Managed Services $128,375.81
Total One-Time Implementation Services $423,805.75
Year 1 Travel Expenses (33 Trips) $75,900.00
Total Year 1 Investment $1,121,549.46
Total e-Builder Enterprise Investment — Initial Term
Item Price
Total Year 1 Investment $1,121,549.46
Year 2 Annual Subscription $621,843.71
Year 2 Travel Expenses (10 Trips) $23,000.00
Year 3 Annual Subscription $621,843.71
Year 3 Travel Expenses (10 Trips) $23,000.00
Year 4 Annual Subscription (5% Increase) $652,935.90
Year 4 Travel Expenses (10 Trips) $23,000.00
Year 5 Annual Subscription (5% Increase) $685,582.70
Year 5 Travel Expenses (10 Trips) $23,000.00
Total Initial Term Investment $3,795,755.48
Co-operative Purchase Agreement Standard Form Page 3 of 5
Payment Terms
• Annual Software Subscription:
The total Annual Software Subscription of $493,467.89 is due upon the full execution of this
Agreement. For subsequent renewals, e-Builder will invoice the Annual Software Subscription
thirty(30) days prior to the anniversary date of the execution of this Agreement, and such invoice
shall be due on the anniversary date of the execution of this Agreement.Customer may terminate
this Annual Software Subscription for convenience on not less than sixty(60) days' written notice
to e-Builder. All properly due and any previously paid subscription fees (both used and unused)
for the current contract year shall be non-refundable and forfeited in the event Customer
terminates for Convenience..
• Payment for One-Time Implementation Services is as follows: fees shall be invoiced, and be due
and payable, as follows: (i)fifty(50%) percent on the full execution of this Agreement; (ii)twenty-
five (25%) percent within sixty (60) days from the full execution of this Agreement; and (iii)
twenty-five (25%) percent upon commencement of training on use of the SaaS Service. Customer
may terminate the One-Time Implementation Services on not less than sixty (60) days' written
notice to e-Builder. All earned, but unpaid, fees for the One-Time Implementation Services must
be paid in full before the termination becomes effective.
• Payment for the Annual Managed Services term will be billed quarterly in advance. The first of
the twelve quarterly payment is due upon the Start of Work of the Managed Services resource by
e-Builder. Sixty (60) days notice prior to the expiration of the Managed Service Term of this
Agreement is required if Customer wishes to: (1)terminate or(2)change the scope of work of the
resource.This Managed Services resource will only renew upon the mutual written agreement of
the Parties. For subsequent renewals, e-Builder will invoice the first quarterly invoice thirty (30)
days prior to the anniversary date of the managed service start date, and such invoice shall be
due on the anniversary date of the anniversary date of the managed service start date. Customer
may terminate this Annual Managed Services for convenience on not less than sixty (60) days'
written notice to e-Builder.All properly due and any previously paid subscription fees (both used
and unused) for the current contract year shall be non-refundable and forfeited in the event
Customer terminates for Convenience.
• Travel and Expenses for One-Time Implementation Services-Travel expenses are included in
the above investment for estimation purposes only, but the Parties agree that Travel and
Expenses are not part of the One-Time Implementation Services investment and are invoiced
separately. These expenses are considered OPEN MARKET and will be billed as incurred as
actuals in accordance with Customer's Travel Reimbursement Policy which is incorporated into
the Agreement as Attachment B-1.
• Travel and Expenses for Managed Services-Travel expenses are included in the above
investment for estimation purposes only, but the Parties agree that Travel and Expenses are not
part of the One-Time Implementation Services investment and are invoiced separately.These
expenses are considered OPEN MARKET and will be billed as incurred as actuals will be billed as
Co-operative Purchase Agreement Standard Form Page 4 of 5
incurred as actuals in accordance with Customer's Travel Reimbursement Policy which is
incorporated into the Agreement as Attachment B-1.
• Travel and Expenses for Premium Training Bundle-Travel expenses are included in the above
investment for estimation purposes only, but the Parties agree that Travel and Expenses are not
part of the One-Time Implementation Services investment and are invoiced separately.These
expenses are considered OPEN MARKET and will be billed as incurred as actuals will be billed as
incurred as actuals in accordance with Customer's Travel Reimbursement Policy which is
incorporated into the Agreement as Attachment B-1.
Co-operative Purchase Agreement Standard Form Page 5 of 5
Attachment B-1: Travel Reimbursement for Contractors 2019
OUT OF TOWN TRAVEL FOR CONTRACTORS
Reimbursement for Contractors that have contracts with the City that contain travel reimbursement,
must comply with this policy unless otherwise noted in their contract.
I.Transportation:
Mileage Reimbursement:
For a Contractor to receive mileage reimbursement, the Contractor must meet the following criteria:
• Have a valid Driver's License for the class of vehicle driven;
• Maintain current proof of minimum liability insurance coverage as required by the State of Texas.
• Maintain the vehicle in compliance with applicable state laws.
When traveling by vehicle, reimbursement will be made for self-parking only.
Contractors are responsible for accurately reporting mileage for reimbursement.
Failure to provide accurate and complete information will be considered non-reimbursable.
Car Rental:
In the event that a Contractor must utilize a rental car for business travel, a small to mid-size car
should be requested at the most economical rate to the City.
Airfare:
The Contractor should reserve the lowest priced domestic coach class airfare at time of booking in
order to keep costs to the City down to a minimum.
Reservations should be made as early as possible in order to minimize cost to the City.
Luggage fees are reimbursable, but upgrades and preferred seating charges are not unless due to
extraordinary circumstances and subsequently approved by the Department Director.
Dues for airport or airline frequent flyer programs are not reimbursable.
II.Lodging and Meals:
Overnight Travel for Meals and Hotel Expenses:
Expenses for meals and all tips involving overnight travel will be paid on a per diem basis based on
meal charges recommended by the federal per diem rate.
Destination cities that are not listed will be reimbursed at the standard continental United States
(CONUS) per diem rate. The rates can be accessed at www.gsa.gov.
When a Contractor travels only part of the day, the federal per diem rate may not be claimed for the
entire day. The following times should be considered when requesting meal reimbursement for partial
days:
Page 1 of 2
Departure Time Returning Time
Before 8am Before 12pm Breakfast
By 12pm 12pm — 5pm Lunch
By 5pm After 5pm Dinner
Contractors are expected to use good judgment in minimizing such costtothe City.
If a Contractor incurs costs for Internet connections and/or other business-related costs while on City
business, City will reimburse with receipts.
III.Non-Allowable Expenses:
The cost of alcoholic beverages, laundry/dry cleaning, in-room movies, tours, personal entertainment,
limousines, expenses related to a personally owned vehicle, parking and traffic violations, lost
baggage, and spouse orotherfamily expenses are specifically excluded from reimbursement except
when approved by the City Manager as "extraordinary expenses".
All reimbursements MUST be submitted in writing with required receipts attached.
Page 2 of 2
City of Corpus Christi Price Sheet
Sr. Buyer: Minerva Alvarado e-Builder AppXchange Integration
GSA: GS-35F-408AA
e-Builder Inc.
Sunrise, Florida
Item Description Unit Qty Price Total Price
e-Builder Gov-300m Capital
1 Program EA 1 $217,086.47 $217,086.47
e-Builder AppXchange platform
2 subscription EA 1 $23,924.69 $23,924.69
E-Builder AppXchange
3 subscription for up to 5 additional EA 1 $29,662.98 $29,662.98
points
4 SSO-Annual Subscription EA 1 $7,995.00 $7,995.00
5 Premium Training Bundle- EA 1 $17,970.00 $17,970.00
quarterly
Premium Support-Annual
6 Subscription EA 1 $42,000.00 $42,000.00
Data Warehouse-Annual
7 Subscription EA 1 $47,759.02 $47,759.02
8 EZ File-Annual Subscription EA 1 $2,995.00 $2,995.00
9 EdRAMP-Annual Subscription EA 1 $108,543.24 $108,543.24
Custom Development
10 Maintenance-Annual EA 1 $516.02 $516.02
Subscription
11 GSA Quantity Discount EA 1 -$4,984.52 -$4,984.52
12 Annual Managed Services-Tier 1 EA 1 $129,672.54 $129,672.54
13 GSA Quantity Discount EA 1 -$1 ,296.73 -$1 ,296.73
14 Project Manager II HR 429 $186.20 $79,879.80
15 Business Analyst HR 2067 $168.46 $348,206.82
16 GSA Quantity Discount EA 1 -$4,280.87 -$4,280.87
17 Year 2 Subscription EA 1 $621,843.71 $621,843.71
18 Year 3 Subscripton EA 1 $621,843.71 $621,843.71
19 Year 4 Subscription EA 1 $652,935.90 $652,935.90
20 Year 5 Subscription EA 1 $685,582.70 $685,582.70
17 Year 1 Travel TRIP 33 $2,300.00 $75,900.00
18 Year 2 Travel TRIP 10 $2,300.00 $23,000.00
19 Year 3 Travel TRIP 10 $2,300.00 $23,000.00
20 Year 4 Travel TRIP 10 $2,300.00 $23,000.00
21 Year 5 Travel TRIP 10 $2,300.00 $23,000.00
Total Year 1 Implementation, Subscription, Travel $1,121 ,549.46
Total Year 2 Subscription, Travel $644,843.71
Total Year 3 Subscription, Travel $644,843.71
Total Year 4 Subscription, Travel $675,935.90
Total Year 5 Subscription, Travel $708,582.70
Grand Total $3,795,755.48
w
0
H
V
kOORPORI AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting of April 21 , 2020
DATE: April 21 , 2020
TO: Peter Zanoni, City Manager
FROM: Kevin Norton, Director of Water Utilities
Kevin N(a)cctexa s.co m
(361) 826-1874
Kim Baker, Director of Contracts and Procurement
KimB2(a)cctexas.com
(361) 826-3169
Service Agreement for Water Utilities Laboratory
Casework Renovations and Upgrade Phase III
CAPTION:
Motion approving a service agreement with VWR International, LLC in an amount not to
exceed $99,760.40 for Phase III of the Utilities Water Lab renovations and upgrades,
effective upon issuance of notice to proceed and FY 2020 funded through the Water Fund.
SUMMARY:
This item is to approve a service agreement for the Water Utilities Laboratory casework
renovations and upgrade Phase III being purchased through the Texas Multiple Award
Schedule (TXMAS). This final phase updates the drinking water microbiology room, the
Total Organic Carbon (TOC) instrumentation room, the sample incubator/sterilization
room, and the main lab area where the City's drinking water samples are processed.
BACKGROUND AND FINDINGS:
This is the third and final phase of the Water Utilities Laboratory renovation. In 2015, the
Phase I renovation addressed the most critical laboratory requirements in three rooms,
which included replacement of two outdated chemical fume hoods as well as electrical
components work executed by O. N. Stevens Water Treatment Plant electricians.
In 2017, the Phase II renovation was performed on two laboratory rooms. This phase of
renovation replaced the rusted casework/countertops, upgraded plumbing, and installed
emergency eyewash stations to bring the sinks up to laboratory certification standards in
those two rooms.
The third and final phase updates the drinking water microbiology room, the Total Organic
Carbon (TOC) instrumentation room, the sample incubator/sterilization room, and the
main lab area where the City's drinking water samples are processed. This renovation
includes replacement of the last outdated chemical fume hood, which no longer meets
airflow certification specifications, plus the installation of new lab style cabinetry
(casework) that provides better organized workspaces and storage that meet Texas
Commission on Environmental Quality (TCEQ) and National Environmental Laboratory
Accreditation Program (NELAP) standards.The renovation also includes removal/capping
of gas lines no longer in use, increased counter and storage space that allows the
processing of larger numbers of samples, and replacement of deteriorated cabinets.
This procurement is through TXMAS. Contracts awarded through TXMAS have been
competitively procured, in compliance with Texas local and state procurement
requirements.
ALTERNATIVES:
The alternative is to not renovate the Water Utilities Lab, which will lead to continued
deterioration of laboratory workspaces and equipment that will potentially jeopardize the
laboratory accreditation.
FISCAL IMPACT:
The fiscal impact for the Water Utilities Department in FY 2020 is $99,760.40 for the Water
Utilities Laboratory Casework Renovations and Upgrade Phase III.
Funding Detail:
Fund: 4010 Water Fund
Organization/Activity: 31010 Stevens Filter Plant
Mission Element: 062 Treat Water
Project # (CIP Only): N/A
Account: 530000 Professional Services
Cost: $63,686.29
Fund: 4010 Water Fund
Organization/Activity: 31700 Water Utilities Lab
Mission Element: 063 Water Quality Monitoring
Project # (CIP Only): N/A
Account: 530000 Professional Services
Cost: $36,074.11
RECOMMENDATION:
Staff recommends approval of this service agreement for the Water Utilities Laboratory
casework renovations and upgrade Phase III with VWR International, LLC.
LIST OF SUPPORTING DOCUMENTS:
Price Sheet
Service Agreement
City of Corpus Christi Price Sheet
Contracts and Procurement Lab Casework Renovation
Senior Buyer: Cynthia Perez
TXMAS 19-6601
Quote#JL-082119
VWR Furniture
Irving,Texas
ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENDED TOTAL
1 Furniture and Main Lab 1 $63,686.29 $63,686.29
2 Micro Lab and TOC Room 1 $36,074.11 $36,074.11
TOTAL $99,760.40
S Com`
O ��
SERVICE AGREEMENT NO. 75323
U
Utilities Lab Renovations/Upgrade Phase III
NCOflPOP Pt EO
18V
THIS Utilities Lab Renovations/Upgrade Phase III Agreement ("Agreement") is
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation ("City") and VWR International, LLC ("Contractor'), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Utilities Lab Renovations/Upgrade Phase
III in response to Request for Bid/Proposal No. TXMAS-19-6601 ("RFB/RFP"), which
RFB/RFP includes the required scope of work and all specifications and which RFB/RFP
and the Contractor's bid or proposal response, as applicable, are incorporated by
reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set
out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Utilities Lab Renovations/Upgrade Phase III
("Services") in accordance with the attached Scope of Work, as shown in
Attachment A, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2.
2. Term. This Agreement is for three months, with performance commencing upon
the date of issuance of a notice to proceed from the Contract Administrator or
the Contracts and Procurement Department. The parties may mutually extend
the term of this Agreement for up to zero additional zero-month periods ("Option
Period(s)"), provided, the parties do so by written amendment prior to the
expiration of the original term or the then-current Option Period. The City's
extension authorization must be executed by the City Manager or designee.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$99,760.40, subject to approved extensions and changes. Payment will be made
for Services completed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. Contractor shall invoice no more
frequently than once per month. All pricing must be in accordance with the
attached Bid/Pricing Schedule, as shown in Attachment B, the content of which
is incorporated by reference into this Agreement as if fully set out here in its
entirety. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next option period.
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
Service Agreement Standard Form Page 1 of 7
Approved as to Legal Form November 11, 2019
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: Diana Zertuche-Garza
Department: Utilities Department
Phone: (361 ) 826-1827
Email: dianaG@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
Service Agreement Standard Form Page 2 of 7
Approved as to Legal Form November 11, 2019
7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re-worked immediately at no charge
to the City. If immediate correction or re-working at no charge cannot be made
by the Contractor, a replacement service may be procured by the City on the
open market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
Service Agreement Standard Form Page 3 of 7
Approved as to Legal Form November 11, 2019
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or proposal or in an Attachment
to this Agreement, as applicable. In using subcontractors, the Contractor is
responsible for all their acts and omissions to the same extent as if the
subcontractor and its employees were employees of the Contractor. All
requirements set forth as part of this Agreement, including the necessity of
providing a COI in advance to the City, are applicable to all subcontractors and
their employees to the same extent as if the Contractor and its employees had
performed the work. The City may, at the City's sole discretion, choose not to
accept Services performed by a subcontractor that was not approved in
accordance with this paragraph.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Diana Zertuche-Garza
Title: Contracts/Fund Administrator
Address: 2726 Holly Road, Corpus Christi, Texas 78415
Phone:(361) 826-1827
Fax: (361) 826-1715
IF TO CONTRACTOR:
VWR International, LLC
Attn: Joshua Lemons
Title: Estimator
Address: 3021 Gateway Drive, Suite 280, Irving,Texas 75063
Phone: (972) 819-7470
Fax: (972) 753-1389
Service Agreement Standard Form Page 4 of 7
Approved as to Legal Form November 11, 2019
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
comply with any of the terms of this Agreement. The Contract Administrator must
give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
Service Agreement Standard Form Page 5 of 7
Approved as to Legal Form November 11, 2019
20. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
21. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
22. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1 ); then,
D. the Contractor's bid response (Exhibit 2).
23. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
25. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1 ,000,000 or that result in the
expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
26. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
Service Agreement Standard Form Page 6 of 7
Approved as to Legal Form November 11, 2019
CONTRACTOR
Signature:
Printed Name:
Title: y
Date: J ,3
CITY OF CORPUS CHRISTI
Kim Baker
Director of Contracts and Procurement
Date:
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. TXMAS-19-6601
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement Standard Form Page 7 of 7
Approved as to Legal Form November 11, 2019
ATTACHMENT A - SCOPE OF WORK
Project Name: Lab Renovations/Upgrade Phase III
Project Address: 13101 Leopard St. (Water Utilities Lab Building)
Scope of Work:
The contractor shall provide the following scope of work:
a. Labor, tools, materials, equipment, supervision, and insurance
b. Coordinate installation with customer
c. Disconnect the plumbing services to all sinks (where applicable)
d. Demo the countertops and casework
e. Haul materials to the dumpster (provided by the City of CC)
f. Remove (1) snorkel, where applicable
g. Unload all items of laboratory casework and inventory at the job site.
h. Move lab equipment to room for installation
i. Set, level, and anchor casework to the floor
j. Install the following:
1 . Epoxy countertops and backsplashes
2. Epoxy sinks
3. Wall cabinets
4. Deck mount turrets
5. Metro Shelving
6. Atlas Wall Shelving
7. SS Cart
8. Atlas Shelving
9. Electrical Hat Channels
10.Peg Board
11 .Base Molding
12.Sink fixtures
13.Cove base
k. Provide and install 1/2" Type L copper and fittings from the sink fixtures to
the existing isolation valves in plumbing chase. Reduce to 3/8" OD for final
connections to fixtures.
1. Provide and install 3/8" Polypropylene tubing and fittings from each DI
fixture to an isolation valve in plumbing chase.
m. Provide and install 1 '/2" Schedule 40 PVC pipe and fittings from the
tailpiece at each sink to the existing drain line in plumbing chase
n. Clean cabinets and tops after installation is complete
o. One-year warranty for all labor and materials provided by the vendor.
The following exclusions shall be provided by the City of Corpus Christi:
a. Access to building during normal operating hours
b. All large items to deliver with a liftgate
c. Storage, lockup, and parking
d. Mechanical and electrical connections
e. Eyewashes at this time
f. Wiremold
g. Interior finishes wall repair
h. Venting of Flammable and Acid Cabinets
i. Floor repair (if needed)
j. Return trips
k. Dumpster
I. Final cleaning of lab renovation area
m. Any damages caused by other trades other than the contract vendor.
Attachment B - Pricing/Schedule 'i" VwrTM
QUOTATION `
part of avantor
Prepared For:Marisa B.Juarez
VWR Quote#: JL-012119
Company: City of Corpus WWTP Revision: 3
Water Utilities Lab-City of Corpus Christi Valid From: 11/19/2019 Valid To:12/31/2019
13101 Leopard St. Prepared By: Joshua Lemons
Corpus Christi,TX 78410 Phone: (972)819-7470
Phone: (361)826-1201 Email: joshua.lemons@vwr.com
Email: marisaj@cctexas.com 3021 Gateway Drive
Suite 280
THANK YOU FOR THE OPPORTUNITY TO Irving, TX 75063
EARN YOUR BUSINESS. Submit Purchase
Orders to: VWRFurniture_Orders@vwr.com
or Fax to(972)753-1389.
Items priced at or better than TXMAS-19-6601.Lead time is approximately(6)to(8)weeks after receipt of approved purchase order and a shop
drawing by VWR,plus transit time. Transit time is typically(5)to(7)business days. Production levels vary and depending upon when an
approved purchase order is received by VWR,lead time may fluctuate.Freight is absorbed by VWR.Non-Union/Non-Mechanical installation has
been quoted for work to be performed on weekdays from 7:30 A.M.to 5:00 P.M.It will be the Buyer's responsibility to provide access to the
project during these hours.Any work hours required other than noted above will be subject to additional charges.
Customer needs to chose the color of the cabinets before an order can be placed.
Quote is based on a 2019 order/delivery,if the order/delivery moves to 2020;an escalation charge of 6%,for delivery and material charge will be
applied.
Line# Qty .. # Finish Unit Sell Extended Sell
ALL
1 1 MISC_FURN_STD $5,706.16 $5,706.16
1"thick, Black Epoxy with 4"backsplash as needed.-
2 35 VFF-0862-04 $4.97 $173.95
VWR BASE MOLDING ADHES 48-
3 12 VFF-1368-00 $3.40 $40.80
BASE MOLDING CORNER CLIP-
Subtdtals WALL, '' $5,920.91
MICRO LAB `
4 2 89409-946 $239.74 $479.48
VWR STARTER UNIT CHROME-
5 1 97015-746 $3.32 $3.32
GROMMET WIRE MAN 2.751N RD BILK-
6 1 97048-678 $187.40 $187.40
SINK D30 DROP-IN BLACK-
7 1 CFA042260-A $263.60 $263.60
VWR APRON 1 DRW LF 22X60-
8 2 CFA103130-A $71.31 $142.62
VWR KNEESPACE PANEL 31X30-
9 1 CFA-2236-L $107.77 $107.77
VWR PEDESTAL LEG LF 22X36-
10 1 CFA-2236-R $107.77 $107.77
VWR PEDESTAL LEG RT 22X36-
11 3 CFC-2036-A $575.31 $1,725.93
VWR BASE UNIT 2 DR 36X22X36-
12 1 CFC-2038-A $581.90 $581.90
VWR BASE UNIT 2 DR 48X22X36-
13 1 CFD-2328-A $910.29 $910.29
VWR BASE UNIT 8 DWR 48X22X36-
VWR Furniture designed delivered installed Page 1 of
Line# Qty Catalog# Finish Unit Sell Extended Sell
MICRO LAB ,
14 1 CFE-2416-A $688.06 $688.06
VWR BASE UNIT 2DR/2DWR 36X22X36-
15 1 CFE-2418-A $712.92 $712.92
VWR BASE UNIT 2DR/2DWR 48X22X36-
16 1 CFE-2456-L $769.45 $769.45
VWR BASE UNIT 1 DR-LADWR 36X22X36-
17 1 CFG-2169-A $655.00 $655.00
VWR BASE UNIT 1 DR-R CRN 24X22X36-
18 1 CFL-0136-R $16.58 $16.58
VWR BASE UNIT REAR SCRIBE 36X1 -
19 1 CFL-0836-R $34.82 $34.82
VWR BASE UNIT REAR SCRIBE 36X8-
20 2 CFL-3612-BA $106.10 $212.20
VWR BASE UNITADJ SCRIBE 36X12-
21 1 DU-S03R $20.74 $20.74
SINK OUTLET-
22 1 VFL412-8VB $219.87 $219.87
DECK MNT MIXING 81N VB SWINGGN-
23 1 VFT-0372-00 $239.47 $239.47
WATER DISTILLED DECK MTD FIXTR-
24 4 VWR1 L1236 $97.82 $391.28
VWR SHELF ONE LIP 12D 36W-
25 2 VWR1 L1248 $107.77 $215.54
VWR SHELF ONE LIP 12D 48W-
26 2 VWRBB36 $49.74 $99.48
VWR BIN BAR 36W-
27 6 VWRBH12 $58,03 $348.18
VWR SHELF BRACKET HISD IND PK2-
28 6 VWRWMUP48 $99.47 $596.82
VWR UPRIGHTATLAS WALL MOUNT 481NCH-
Subtotals for MICRO LAB: $9,730.49
TOC ROOM
29 1 59382-068 $1.13 $1.13
INDEX BUTTON(NITROGEN)-
30 1 89038-628 $363.71 $363.71
EXTRACTOR CEILING 21N X 5FT-
31 1 89038-680 $86.29 $86.29
HOOD 31N D METAL-
32 1 97048-678 $187.40 $187.40
SINK D30 DROP-IN BLACK-
33 1 CFA012224-A $184.05 $184.05
VWR APRON 1 DRW 22X24-
34 1 CFA012230-A $205.60 $205.60
VWR APRON 1 DRW 22X30-
35 1 CFA022254-A $308.40 $308.40
VWR APRON 2 DRW 22X54-
36 1 CFA102524-A $69.63 $69.63
VWR KNEESPACE PANEL 25X24-
37 1 CFA102530-A $72.97 $72.97
VWR KNEESPACE PANEL 25X30-
38 1 CFA103124-A $67.98 $67.98
VWR KNEESPACE PANEL 31X24-
39 1 CFA103130-A $71.31 $71.31
VWR KNEESPACE PANEL 31X30-
40 1 CFA-2230-L $96.16 $96.16
VWR PEDESTAL LEG LF 22X30-
VWR Furniture designed delivered . installed Page 2 of 4
Line# Qty
TOC ROOM
41 1 CFA-2236-L $107.77 $107.77
VWR PEDESTAL LEG LF 22X36-
42 1 CFA-2236-R $107.77 $107.77
VWR PEDESTAL LEG RT 22X36-
43 1 CF-C1518-00 $399.53 $399.53
VWR STAINLESS STEEL CART 15X1 8X6-
44 1 CFD-1 262-A $519.06 $519.06
VWR BASE UNIT 3 DWR PB 18X22X30-
45 1 CFD-1 304-A $565.37 $565.37
VWR BASE UNIT 4 DWR 24X22X30-
46 2 CFD-2302-A $500.81 $1,001.62
VWR BASE UNIT DWR 18X22X36-
47 1 CFD-2304-A $565.32 $565.32
VWR BASE UNIT 4 DWR 24X22X36-
48 1 CFD-2308-A $800.82 $800.82
VWR BASE UNIT 4 DWR 48X22X36-
49 2 CFE-2415-A $640.10 $1,280.20
VWR BASE UNIT 2DR/2DWR 30X22X36-
50 1 CFG-2006-A $542.11 $542.11
VWR BASE UNIT SINK 2DR 36X22X36-
51 1 CFL-0136-C $46.42 $46.42
VWR BASE UNIT CNR SCRIBE 36X1 -
52 1 CFL-0136-E $21.55 $21.55
VWR BASE UNIT END SCRIBE 36X1 -
53 1 CFL-0236-R $21.55 $21.55
VWR BASE UNIT REAR SCRIBE 36X2-
54 1 CFL-0336-C $56.37 $56.37
VWR BASE UNIT CNR SCRIBE 36X3-
55 1 CFL-0830-R $34.82 $34.82
VWR BASE UNIT REAR SCRIBE 30X8-
56 1 CFL-3012-BA $99.50 $99.50
VWR BASE UNIT ADJ SCRIBE 30X12-
57 1 CFW20301324-A $465.98 $465.98
VWR WALL UNIT W/SWG GLZ DR 30X1 3X24-
58 1 DU-S03R $20.74 $20.74
SINK OUTLET-
59 2 CRT04-01X $1,303.23 $2,606.46
CUSTOM SS CART 18"X 24"X 28"H-
60 3 VFL-2030-00 $56.37 $169.11
WALL METAL ANGLE-
61 1 VFL412-8VB $219.87 $219.87
DECK MNT MIXING 81N VB SWINGGN-
62 1 VFT-0372-00 $239.47 $239.47
WATER DISTILLED DECK MTD FIXTR-
Subtotals for TOC ROOM: $11,606.04
USD Total Sell: $27,257.44
Non-Union, Mechanical Installation with Meet and Unload: $8,816.67
USD Total: $36,074.11
VWR Furniture designed . delivered . installed Page 3 of 4
QUOTATION vW r TM
part of avantor
Prepared For:Marisa B. Juarez
VWR Quote#: JL-082119
Company: City of Corpus WWTP Revision: 1
Water Utilities Lab-City of Corpus Christi Valid From: 11/20/2019 Valid To:12/31/2019
13101 Leopard St. Prepared By: Joshua Lemons
Corpus Christi, TX 78410 Phone: (972)819-7470
Phone: (361)826-1201 Email: joshua.lemons@vwr.com
Email: marisaj@cctexas.com 3021 Gateway Drive
Suite 280
THANK YOU FOR THE OPPORTUNITY TO Irving,TX 75063
EARN YOUR BUSINESS. Submit Purchase
Orders to: VWRFurniture_Orders@vwr.com
or Fax to(972)753-1389.
Items priced at or better than TXMAS-19-6601.Lead time is approximately(6)to(8)weeks after receipt of approved purchase order and a shop
drawing by VWR,plus transit time. Transit time is typically(5)to(7)business days. Production levels vary and depending upon when an
approved purchase order is received by VWR,lead time may fluctuate.Freight is absorbed by VWR.Non-Union/Non-Mechanical installation has
been quoted for work to be performed on weekdays from 7:30 A.M.to 5:00 P.M.It will be the Buyer's responsibility to provide access to the
project during these hours.Any work hours required other than noted above will be subject to additional charges.
Customer needs to chose the color of the cabinets before an order can be placed.
Quote is based on a 2019 order/delivery,if the order/delivery moves to 2020;an escalation charge of 3%,for delivery and material charge will be
applied.
Line# Qty •. # Finish Unit Sell Extended Sell
ALL
1 1 MISC_FURN_STD $8,004.02 $8,004.02
V THICK DURCON RESIN,BLACK-
2 30 VFF-0862-04 $4.97 $149.10
VWR BASE MOLDING ADHES 48-
3 9 VFF-1368-00 $3.40 $30.60
BASE MOLDING CORNER CLIP-
'8Ubt0tals fOrALL: $8,183.72
MAIN LAB
4 1 97006-004 $62.82 $62.82
CUPSINK POLY OVAL BLACK-
5 3 97048-678 $187.40 $562.20
SINK D30 DROP-IN BLACK-
6 1 97048-686 $339.18 $339.18
SINK D59 DROP-IN BLACK-
7 1 CFA012242-A $215.55 $215.55
VWR APRON 1 DRW 22X42-
8 1 CFA012248-A $336.60 $336.60
VWRAPRON 1 DRW 22X48-
9 1 CFA103142-A $86.23 $86.23
VWR KNEESPACE PANEL 31X42-
10 1 CFA103148-A $86.23 $86.23
VWR KNEESPACE PANEL 31X48-
11 2 CFC-2036-A $575.31 $1,150.62
VWR BASE UNIT 2 DR 36X22X36-
12 1 CFC-2038-A $581.90 $581.90
VWR BASE UNIT 2 DR 48X22X36-
13 1 CFD-2304-A $565.32 $565.32
VWR BASE UNIT 4 DWR 24X22X36-
VWR Furniture designed delivered installed Page 1 of
Line# Qty .. # Finish Unit Sell Extended Sell
MAIN LAB
14 1 CFD-231 8-A $746.19 $746.19
VWR BASE UNIT 5 DWR 48X22X36-
15 1 CFD-2326-A $832.21 $832.21
VWR BASE UNIT 8 DWR 36X22X36-
16 1 CFE-2404-A $464.32 $464.32
VWR BASE UNIT 1 DR-R/1 DWR 24X22X36-
17 1 CFE-2404-L $466.00 $466.00
VWR BASE UNIT 1DR-L/1DWR 24X22X36-
18 1 CFE-2415-A $640.10 $640.10
VWR BASE UNIT 2DR/2DWR 30X22X36-
19 1 CFE-2416-A $688.06 $688.06
VWR BASE UNIT 2DR12DWR 36X22X36-
20 8 CFE-2418-A $712.92 $5,703.36
VWR BASE UNIT 2DR/2DWR 48X22X36-
21 1 CFE-2456-L $769.45 $769.45
VWR BASE UNIT 1 DR-L/4DWR 36X22X36-
22 2 CFE-2458-L $832.21 $1,664.42
VWR BASE UNIT 1 DR-LADWR 48X22X36-
23 2 CFG-20452A $975.05 $1,950.10
VWR BASE UNIT SINK 2DR 52X22X36-
24 2 CFG-2085-A $421.10 $842.20
VWR BASE UNIT FH 2DR 30X22X36-
25 3 CFG-2169-A $655.00 $1,965.00
VWR BASE UNIT 1 DR-R CRN 24X22X36-
26 1 CFK-MS52-A $48.08 $48.08
SINK SUPPORT UNDERMOUNT 521NCH L-
27 4 CFL-3612-BA $106.10 $424.40
VWR BASE UNITADJ SCRIBE 36X12-
28 4 DU-S03R $20.74 $82.96
SINK OUTLET-
29 2 E60C352221- $691.50 $1,383.00
BC-1 RH DR 1 DWR-35Hx22Dx21 L-
30 1 KV05F282460GNV $4,910.31 $4,910.31
VENTURI HOOD GP BENCH 24 DEEP 60 WIDE-
31 1 KVBTRO12460-A $611.77 $611.77
WORKTOP KEMRESIN D24 X L601N CS-
32 1 VFL412-8BH $183.13 $183.13
DECK MNT MIXING 81N ADA-
33 3 VFL412-8VB $219.87 $659.61
DECK MNT MIXING 81N VB SWINGGN-
34 4 VFT-0372-00 $239.47 $957.88
WATER DISTILLED DECK MTD FIXTR-
35 4 VWR1 L1848 $134.29 $537.16
VWR SHELF ONE LIP 18D 48W-
36 24 VWRBH12 $58.03 $1,392.72
VWR SHELF BRACKET HISD IND PK2-
37 4 VWRBH18 $67.97 $271.88
VWR SHELF BRACKET HI SIDE18IND-
38 3 VWRBU24 $89.53 $268.59
VWR BRACKET UMBRELA SHLF 24D-
39 8 VWRC48 $217.19 $1,737.52
VWR COLUMN UPRIGHT 48H-
40 1 VWRECP2932 $596.85 $596.85
VWR PEGBOARD END MNT 32W 29H-
41 12 VWRNL1248 $102.82 $1,233.84
VWR SHELF NO LIPS 12D 48W-
42 12 VWRNL1260 $114.40 $1,372.80
VWR SHELF NO LIPS 12D 60W-
VWR Furniture designed delivered . installed Page 2of4
Line# Qty Catalog# Finish Unit Sell Extended Sell
'.MAIN LAB
43 3 VWRNLU2448 $174.06 $522.18
VWR SHELF UMBRL NO LIP24D 48W-
44 3 VWRNLU2460 $190.65 $571.95
VWR SHELF UMBRL NO LIP24D 60W-
45 4 VWRWMUP48 $99.47 $397.88
VWR UPRIGHT ATLAS WALL MOUNT 481NCH-
Subtofals for IVlA1N LAB: `$38,882.57
USD Total Sell: $47,066.29
Non-Union, Non-Mechancial Installation with Meet and Unload: $14,970.00
Installation Alternate#1: $1,650.00
USD Total: $63,686.29
Total $99,760.40
VWR Furniture ( designed . delivered . installed Page 3of4
EXHIBIT
INSURANCE REQUIREMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required has been obtained
and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency
to commence work until all similar insurance required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates
of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an
insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation
is required on all applicable policies. Endorsements must be provided with C01. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by applicable Per occurrence - aggregate
policy endorsements
Commercial General Liability Including: $1,000,000 Per Occurrence
I. Commercial Broad Form
2. Premises—Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury-Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS' COMPENSATION Statutory
EMPLOYER'S LIABILITY $500,000 /$500,000/$500,000
C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager
with copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a
licensed insurance company.The coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage provided must be in an amount
sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly
met.
B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by
companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of
no less than A-VII.
C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the
address provided below within 10 days of the requested change. Contractor shall pay any costs incurred
resulting from said changes. All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all insurance policies are to
contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, volunteers, and elected representatives as additional
insured by endorsement, as respects operations, completed operation and activities of,or on behalf of, the
named insured performed under contract with the City, with the exception of the workers' compensation
policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of
the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation,
non-renewal or material change in coverage, and not less than ten (10) calendar days advance written
notice for nonpayment of premium.
E. Within five (5)calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall
provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the
option to suspend Contractor's performance should there be a lapse in coverage at any time during this
contract. Failure to provide and to maintain the required insurance shall constitute a material breach of
this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required, the City shall have the
right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which
become due to Contractor hereunder until Contractor demonstrates compliance with the requirements
hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be
held responsible for payments of damages to persons or property resulting from Contractor's or its
subcontractor's performance of the work covered under this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any
insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations
under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
2019 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services—Services Performed Onsite
04/26/2019 Risk Management—Legal Dept.
ATTACHMENT D: WARRANTY REQUIREMENTS
One-year warranty for all Labor, materials, and installation provided by the
vendor.
The warranty shall commence on the date of acceptance of the work by the
Contract administrator. The remedy of the breach of warranty shall require the
Contractor to correct or replace any defects found in materials and parts
provided or for the correction of faulty workmanship.
i
i
i
Page b of 16
RFQ Revised 4.19.2019
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WoRPORPg4 AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting of April 21 , 2020
DATE: April 21, 2020
TO: Peter Zanoni, City Manager
FROM: Kevin Norton, Director of Water Utilities
Kevin N(a)cctexa s.co m
(361) 826-1874
Kim Baker, Director of Contracts and Procurement
KimB2(a)cctexas.com
(361) 826-3169
Sodium Hypochlorite for the Water and Wastewater Treatment Plants
CAPTION:
Motion authorizing a two-year supply agreement with Brenntag Southwest, Inc., in an
amount not to exceed $5,440,294.52, for the purchase of Sodium Hypochlorite used by
the Utilities Department for the disinfection of treated effluent at four Wastewater
Treatment Plants, and by the Water Treatment Plant to boost the disinfection properties
of the City's drinking water throughout the distribution system, effective upon issuance of
notice to proceed, with FY 2020 funding in an estimated amount of $1 ,133,400.00
available in the Wastewater and Water Funds.
SUMMARY:
This motion authorizes a two-year supply agreement with Brenntag Southwest Inc., for
Sodium Hypochlorite for the Utilities Department. This chemical is necessary during the
water and wastewater treatment processes for public health and safety as required by the
Texas Commission on Environmental Quality (TCEQ) environmental permits.
BACKGROUND AND FINDINGS:
The Wastewater Division uses Sodium Hypochlorite for disinfection of treated effluent at
the Allison, Broadway, Oso, and Laguna Madre Wastewater Treatment Plants. The
Water Division uses this chemical as a polishing agent to boost the disinfection properties
of the drinking water during the treatment process, which ensures the best and safest
quality water is delivered to the City's distribution system.
The Contracts and Procurement Department conducted a competitive Request for Bid
process to obtain bids. The City received two responsive, responsible bids and one non-
responsive bid. Staff is recommending the award to Brenntag Southwest, Inc., the current
supplier of this product and the lowest, responsible bidder. The product has increased
per gallon at a minimal unit price rate, since the last contract awarded in 2017. The
Sodium Hypochlorite 10-15% increased $0.04; the 10% increased $0.28; and 12.5%
increased $0.05.
ALTERNATIVES:
There are no alternatives. This chemical is required during both the water and wastewater
treatment processes for public health and safety, and to meet TCEQ environmental permit
requirements.
FISCAL IMPACT:
The fiscal impact in FY 2020 for the Utilities Department is an amount not to exceed
$1 ,133,400.00 for this two-year supply agreement, with the remaining cost of
$4,306,894.52 to be budgeted in future years through the annual budget process.
Funding Detail:
Fund: 4200 Wastewater
Organization/Activity: 33100 Broadway Wastewater Plant
Mission Element: 064 Treat Wastewater
Project # (CIP Only): N/A
Account: 520010 Purification Chemicals
Cost: $101 ,639.00
Fund: 4200 Wastewater Fund
Organization/Activity: 33110 Oso Wastewater Plant
Mission Element: 064 Treat Wastewater
Project # (CIP Only): N/A
Account: 520010 Purification Chemicals
Cost: $840,875.00
Fund: 4200 Wastewater Fund
Organization/Activity: 33130 Allison Wastewater Plant
Mission Element: 064 Treat Wastewater
Project # (CIP Only): N/A
Account: 520010 Purification Chemicals
Cost: $52,630.00
Fund: 4200 Wastewater Fund
Organization/Activity: 33140 Laguna Madre Wastewater Plant
Mission Element: 064 Treat Wastewater
Project # (CIP Only): N/A
Account: 520010 Purification Chemicals
Cost: $45,100.00
Fund: 4010 Water Fund
Organization/Activity: 31010 Stevens Filter Plant
Mission Element: 062 Treat Water
Project # (CIP Only): N/A
Account: 520010 Purification Chemicals
Cost.. $93,156.00
RECOMMENDATION:
Staff recommends approval of this motion authorizing a two-year Supply Agreement with
Brenntag Southwest, Inc. for Sodium Hypochlorite as presented.
LIST OF SUPPORTING DOCUMENTS:
Supply Agreement
Bid Tabulation
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A SUPPLY AGREEMENT NO. 2700
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Sodium Hypochlorite
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1852
THIS Sodium Hypochlorite Supply Agreement ("Agreement") is entered into by and
between the City of Corpus Christi, a Texas home-rule municipal corporation ("City")
and Brenntag Southwest, Inc. ("Contractor"), effective upon execution by the City
Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Sodium Hypochlorite in response to
Request for Bid No. 2700 ("RFB"), which RFB includes the required scope of work and
all specifications and which RFB and the Contractor's bid response are incorporated
by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully
set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Sodium Hypochlorite in accordance with the
attached Scope of Work, as shown in Attachment A, the content of which is
incorporated by reference into this Agreement as if fully set out here in its entirety.
"Goods," "products", and "supplies", as used in this Agreement, refer to and have
the same meaning.
2. Term. This Agreement is for two years. The parties may mutually extend the term
of this Agreement for up to zero additional zero-year periods ("Option Period(s)"),
provided, the parties do so by written amendment prior to the expiration of the
original term or the then-current Option Period. The City's extension authorization
must be executed by the City Manager or designee.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$5,440,294.52, subject to approved extensions and changes. Payment will be
made for goods delivered and accepted by the City within 30 days of
acceptance, subject to receipt of an acceptable invoice. Contractor shall
invoice no more frequently than once per month. All pricing must be in
accordance with the attached Bid/Pricing Schedule, as shown in Attachment B,
the content of which is incorporated by reference into this Agreement as if fully
set out here in its entirety. Any amount not expended during the initial term or any
option period may, at the City's discretion, be allocated for use in the next option
period.
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
Supply Agreement Standard Form Page 1 of 7
Approved as to Legal Form November 11, 2019
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: Joanna Moreno
Department: Utilities Department
Phone: (361 ) 826-1649
Email: JoannaM@cctexas.com
5. Insurance. Before performance can begin under this Agreement, the Contractor
must deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of products to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of products to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and products will remain with
the Contractor until such time as the products are delivered and accepted by
the City.
7. Inspection and Acceptance. City may inspect all products supplied before
acceptance. Any products that are delivered but not accepted by the City must
be corrected or replaced immediately at no charge to the City. If immediate
correction or replacement at no charge cannot be made by the Contractor, a
replacement product may be bought by the City on the open market and any
costs incurred, including additional costs over the item's bid price, must be paid
by the Contractor within 30 days of receipt of City's invoice.
Supply Agreement Standard Form Page 2 of 7
Approved as to Legal Form November 11, 2019
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such products in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or in an attachment to this
Agreement. In using subcontractors, the Contractor is responsible for all their acts
and omissions to the same extent as if the subcontractor and its employees were
employees of the Contractor. All requirements set forth as part of this Agreement,
including the necessity of providing a COI in advance to the City, are applicable
to all subcontractors and their employees to the same extent as if the Contractor
and its employees had performed the work.
Supply Agreement Standard Form Page 3 of 7
Approved as to Legal Form November 11, 2019
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Joanna Moreno
Title: Contracts/Fund Administrator
Address: 2726 Holly Road, Corpus Christi, Texas 78415
Phone: (361 ) 826-1649
Fax: (361 ) 826-1715
IF TO CONTRACTOR:
Brenntag Southwest, Inc.
Attn: W. Thomas Crain, Jr.
Title: President
Address: 704 E. Wintergreen Road, Lancaster, Texas 77154
Phone: (972) 218-3500
Fax: (972) 218-3501
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
Supply Agreement Standard Form Page 4 of 7
Approved as to Legal Form November 11, 2019
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
comply with any of the terms of this Agreement. The Contract Administrator must
give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
21. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
Supply Agreement Standard Form Page 5 of 7
Approved as to Legal Form November 11, 2019
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
22. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1 ); then,
D. the Contractor's bid response (Exhibit 2).
23. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
25. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
26. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
(SIGNATURE PAGE FOLLOWS)
Supply Agreement Standard Form Page 6 of 7
Approved as to Legal Form November 11, 2019
CONTRACTOR
�� �
Signature: yV
Printed Name: W. Thomas Crain, Jr.
Title: President
Date: March 11, 2020
CITY OF CORPUS CHRISTI
Kim Baker
Director of Contracts and Procurement
Date:
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1 : RFB No. 2700
Exhibit 2: Contractor's Bid Response
Supply Agreement Standard Form Page 7 of 7
Approved as to Legal Form November 11, 2019
Attachment A- Scope of Work
1.1 General Requirements/Background Information
A. The Contractor shall supply 10-15% Sodium Hypochlorite aqueous solution per the
specification outlined in this Scope of work.
B. The Sodium Hypochlorite will be used by the Waste and Wastewater Treatment
plant to disinfect water and wastewater.
1 .2 Sodium Hypochlorite Aqueous Solution Specification
Sodium Hypochlorite Aqueous Solution Weight
Sodium Hypochlorite concentration 10-15%
Sodium chloride concentration 5-13%
Sodium hydroxide concentration <0.5%
Iron contamination, mg/L <2
Copper contamination, mg/L <1
pH 12.5 - 13.5
1.3 Order Placement and Delivery
A. The City of Corpus Christi will place order by telephone or email. The Contractor
shall deliver ordered quantity within 24 hours of order placement. No minimum
or maximum purchase of Sodium Hypochlorite is guaranteed by the City within
the duration of the Contract.
B. The Contractor shall deliver Sodium Hypochlorite solution in approximately 4,000
gallons to maximum 16,000 gallon lots to the following locations:
• Broadway Treatment Plant - 801 Resaca, Corpus Christi, TX
• Oso Treatment Plant - 601 Nile, Corpus Christi, TX
• Allison Treatment Plant - 4101 Allison Drive, Corpus Christi, TX
• Laguna Madre Treatment Plant - 201 Jester, Corpus Christi, TX
C. The Contractor shall deliver 10% Sodium Hypochlorite Solution in 1 ,100-gallon
one-way totes at Sand Dollar pump station located at 14201 Sand Dollar
Avenue, Corpus Christi, TX
D. The Contractor shall deliver 12.5% Sodium Hypochlorite solution in bulk at Staples
Pump Station located at 5501 County Road 43, Corpus Christi, TX
E. The Contractor shall provide a chemical analysis for each chemical shipment,
which shall include % sodium hypochlorite by weight, % available chlorine by
weight, % excess sodium hydroxide by weight, specific gravity of the solution,
and general appearance as outlined in the specifications with each delivery.
Revised 4.4.19
F. The Contractor must provide an affidavit of compliance to the City of Corpus
Christi stating that at the time of delivery the chemical furnished under the
release order complies with all applicable requirements of this specification.
G. Sodium Hypochlorite solution must comply with all requirements and standards
of the Occupational Safety and Health Act (OSHA). All appropriate markings
shall be in place before delivery. Sodium Hypochlorite solution not meeting
OSHA specifications will be refused.
H. The Contractor shall responsible for unloading the chemical. The Contractor shall
provide any special equipment necessary for unloading including but not limited
to hoses, connections, and compressor.
I. The Contractor drivers must be thoroughly trained and familiar with the related
hazards, safety measures, and spill cleanup procedures for sodium hypochlorite
solution. All spills and leakage, regardless of size must be properly and
immediately cleaned up by Contractor personnel. The Contractor shall be
required to respond to any and all such emergencies within eight hours of being
notified.
J. Deliveries shall be made between 8:00 AM through 5:00 PM, Monday through
Friday, excluding holidays, unless specific arrangement are made otherwise.
K. Before delivery, the Contractor must weigh a shipment on a state certified truck
scale located within the city limits of Corpus Christi and after unloading at the
wastewater treatment plant.
L. The Contractor shall email legible copy of each chemical shipment weight to
the Contract Administrator within five business days of delivery of the chemical.
Payment will not be processed unless requirement is met.
M. The Plant supervisor may reject any chemical shipment that contain a
concentration of any component outside the allowable concentration range as
specified in the product specifications.
1.4 Testing
The Contract Administrator or Plant supervisor may take a sample of any chemical
shipment for testing prior to unloading. In addition, approximately every three
months during the term of the contract, the City will take a random sample of the
chemical upon delivery. The sample will be sent to an independent laboratory
chosen by the City and tested for all items outlined in the product specifications.
1.5 Invoicing
A. The Contractor shall bill based on the actual gallon delivered. The Contractor
shall attach signed delivery ticket along with the invoice and quantity for each
chemical shipment on local certified weight tickets for the delivery of Sodium
Hypochlorite solution, by weight in pounds, based on actual percentage of
available chlorine by weight, as indicated in the chemical analysis for that load.
B. The Contractor must submit the chemical analysis, weight ticket, and bill of lading
with each invoice.
Revised 4.4.19
1.6 Training
Prior to initial use of the Sodium Hypochlorite solution and annually thereafter, the
contractor shall conduct a minimum of two training seminars for the City's operating
personnel on the application and control of the Sodium Hypochlorite solution and
shall include the following:
• Basic chemical properties of the Sodium Hypochlorite solution
• Safety Training
• Equipment operation/setup
• Safety data sheet
1.7 Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control Program that
is acceptable to the Contract Administrator to assure that the requirements of the
Contract are provided as specified. The Contractor will also provide supervision of
the work to insure it complies with the contract requirements.
Revised 4.4.19
Attachment B - Bid Pricing/Schedule
�ogyusc�� CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT
DEPARTMENT
NaaPaRpzE° BID FORM
1852
RFB No. 2700
Sodium Hypochlorite
PAGE 1 OF 2
Date: January 24, 2020
Authorized -
Bidder: Brenntag Southwest, Inc. Signature: _
1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
completing bid.
2. Quote your best price for each item.
3. In submitting this bid, Bidder certifies that:
a. the prices in this bid have been arrived at independently, without consultation,
communication, or agreement with any other Bidder or competitor, for the purpose
of restricting competition with regard to prices.
b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information
on file with City's Contracts and Procurement office, pursuant to the Code of
Ordinances, is current and true.
c. Bidder is current with all taxes due and company is in good standing with all
applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
e.The Contractor shall provide unit price per gallon for the Sodium Hypochlorite
solution. The unit price shall be based on two hours of unloading time for each
shipment, starting from the time the load enters the plant site to the time unloading
of the chemical is completed.
f. Unloading of the chemical is complete when unloading apparatus is disconnected
from storage facilities and secured and a designated City of Corpus Christi
representative has signed all delivery tickets for each respective load.
g.Any unloading time in excess of two hours which is directly attributable to the City
will be paid for at the unit price bid for Unloading Delays rounded to the nearest
quarter hour. This amount shall be included with the invoice for payment for that
load of chemical.
Item Location Chemical with UOM Estimated Unit Price Total Price
Concentration Two-year
Usage
Broadway Sodium $0.5766/Gal $487,867.03
1 Plant Hypochlorite GAL 846,110
10-15%
Oso Plant Sodium $0.5766/Gal $4,036,200.00
2 Hypochlorite GAL 7,000,000
10-15%
Allison Plant Sodium $0.5766/Gal $252,619.99
3 Hypochlorite GAL 438,120
10-15%
Laguna Sodium
Madre H ochlorite $0.5766/Gal $216,225.00
4 Plant Hyp GAL 375,000
10-15%
Sand Dollar Sodium $2.33/Gal $335,520.00
5 Pump Hypochlorite GAL 144,000
Station 10%
Staples Sodium $0.5766/Gal $108,112.50
6 Pump Hypochlorite GAL 187,500
Station 12.5%
7 Unloading Hours 50
Delay $75.00/Hour $3,750.00
Total $5,440,294.52
Attachment C - Insurance Requirements
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance
required has been obtained-and such insurance has been approved by the City.
Contractor must not allow any subcontractor, to commence work until all similar
insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administrator
one (1) copy of Certificates of Insurance with applicable policy endorsements
showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and a
waiver of subrogation endorsement is required on GL, AL and WC if applicable.
Endorsements must be provided with Certificate of Insurance. Project name
and/or number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material
change or termination required on all Per occurrence - aggregate
certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including:
1. Commercial Broad Form
2. Premises - Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory
(All States Endorsement if Company is not
domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
POLLUTION LIABILITY $1,000,000 Per Occurrence
C. In the event of accidents of any kind related to this contract, Contractor must
furnish the Risk Manager with copies of all reports of any accidents within 10 days
of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written
on a policy and endorsements approved by the Texas Department of Insurance.
The workers' compensation coverage provided must be in statutory amounts
according to the Texas Department of Insurance, Division of Workers'
Compensation. An All States Endorsement shall be required if Contractor is not
domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the
duration of this Contract, and any extension hereof, at Contractor's sole
expense, insurance coverage written on an occurrence basis by
companies authorized and admitted to do business in the State of Texas
and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance
throughout the term of this contract and any extensions within 10 days of
the policy expiration dates. All notices under this Exhibit shall be given to
City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional
insureds by endorsement with regard to operations, completed operations, and
activities of or on behalf of the named insured performed under contract with
the City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to
the City of Corpus Christi where the City is an additional insured shown on the
policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not
less than ten (10) calendar days advance written notice for nonpayment of
premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to
suspend Contractor's performance should there be a lapse in coverage at any
time during this contract. Failure to provide and to maintain the required
insurance shall constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to
provide and maintain any insurance or policy endorsements to the extent and
within the time herein required, the City shall have the right to order Contractor
to stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the
requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to
which Contractor may be held responsible for payments of damages to persons
or property resulting from Contractor's or its subcontractor's performance of the
work covered under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of
Corpus Christi for liability arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
2019 Insurance Requirements
Ins. Req. Exhibit 4-C
Contracts for General Services- Services Performed Onsite- Pollution
04/26/2019 Risk Management - Legal Dept.
Attachment D - Warranty Requirements
Section 8 Warranty Sub Section (b) is null and void for this Supply Agreement.
City of Corpus Christi Bid Tabulation
Contracts and Procurement RFB 2700-Sodium Hypochlorite
Department
BUYER:Cynthia Perez Utilities Department
Brenntag Southwest Inc DPC Industries Company **Commercial Chemical
Lancaster,TX Houston,TX Products DBA Purify,
Houston,TX
Item Location Chemical with UOM Qty 2 Years Unit Rate Total Price Unit Rate Total Price Unit Rate Total Price
Concentration
1 Broadway Plant Sodium Hypochlorite GAL 846,110.00 $ 0.5766 $ 487,867.03 $ 0.80 676,888.00 NO BID
10-15%
2 Oso Plant Sodium Hypochlorite GAL 7,000,000.00 $ 0.5766 $ 4,036,200.00 $ 0.80 5,600,000.00 NO BID
10-15%
3 Allison Plant Sodium Hypochlorite GAL 438,120.00 $ 0.5766 $ 252,619.99 $ 0.80 350,496.00 NO BID
10-15%
4 Laguna Madre Plant Sodium Hypochlorite GAL 375,000.00 $ 0.5766 $ 216,225.00 $ 0.80 300,000.00 NO BID
10-15%
5 Sand Dollar Pump Station Sodium Hypochlorite GAL 144,000.00 $ 2.3300 $ 335,520.00 $ 2.45 352,800.00 1.58
10%
6 Staples Pump Station Sodium Hypochlorite GAL 187,500.00 $ 0.5766 $ 108,112.50 $ 0.80 150,000.00 NO BID
12.5%
7 Unloading Delay Hours 50 $ 75.0000 $ 3,750.00 $ 75.00 3,750.00 NO BID
Total $ 5,440,294.52 $ 7,433,934.00 Non-responsive
**Non-responsive-submitted price for only one line item.
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AGENDA MEMORANDUM
NCPAPBR PE
2852 Action Item for the City Council Meeting of April 21 , 2020
DATE: April 21 , 2020
TO: Peter Zanoni, City Manager
FROM: Kevin Norton, Director of Water Utilities
Kevin N(a)cctexa s.co m
(361) 826-1874
Kim Baker, Director of Contracts and Procurement
KimB2(a)cctexas.com
(361) 826-3169
Supply Agreement for Liquid Caustic Soda Solution
for Water Treatment for the O.N. Stevens Water Treatment Plant
CAPTION:
Motion authorizing a two-year Supply Agreement with Univar Solutions USA Inc., for an
amount not to exceed $3,985,600.00 for liquid caustic soda solution used for pH
adjustment during the water treatment process at the O.N. Stevens Water Treatment
Plant, effective upon issuance of notice to proceed, with FY 2020 funding in an estimated
amount of $996,400.00 available through the Water Fund.
SUMMARY:
This is a supply agreement for liquid caustic soda solution for the O.N. Stevens Water
Treatment Plant. Liquid caustic soda solution, also known as sodium hydroxide aqueous
solution, is used to adjust the pH of the water treated.
BACKGROUND AND FINDINGS:
Liquid Caustic Soda Solution is currently utilized at the O. N. Stevens Water Treatment
Plant for pH adjustment of the final filter effluent to raise the pH of the water. By raising
the pH, a more stable environment is created for monochloramine residuals, and the
higher pH also keeps city water from being corrosive to the distribution piping system.
The Contracts and Procurement Department conducted a competitive Request for Bid
process to obtain bids for a new contract. The City received four responsive, responsible
bids. Staff is recommending Univar Solutions USA Inc, the current supplier and the
lowest, responsive, responsible bidder at a lower unit price of $185.00, compared to
$230.63 in 2017.
ALTERNATIVES:
An alternative to securing a long-term supply agreement is to purchase the liquid caustic
soda solution through short-term supply agreements. This method of transactions may
cause delays in the shipment of this critical chemical used for the treatment of potable
water. In addition, the cost will depend on the market price at the time of purchase, which
may be higher than a locked-in price obtained through a long-term agreement.
FISCAL IMPACT:
The fiscal impact to the Utilities Department in FY 2020 is an amount not to exceed
$996,400.00 for the purchase of liquid caustic soda solution. The remaining cost of
$2,989,200.00 will be budgeted in future years through the annual budget process.
FUNDING DETAIL:
Fund: 4010 Water
Organization/Activity: 31010 Stevens Filter Plant
Mission Element: 062 Treat water
Project # (CIP Only): N/A
Account: 520010 Purification Chemicals
RECOMMENDATION:
Staff recommends approval of this motion authorizing a two-year supply agreement with
Univar Solutions USA Inc., for the purchase of liquid caustic soda solution as presented.
LIST OF SUPPORTING DOCUMENTS:
Supply Agreement
Bid Tabulation
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A SUPPLY AGREEMENT NO. 2837
U
Liquid Caustic Soda
fhaaaoRp
1852
THIS Liquid Caustic Soda Supply Agreement ("Agreement") is entered into by and
between the City of Corpus Christi, a Texas home-rule municipal corporation ("City")
and Univar Solutions USA Inc. ("Contractor"), effective upon execution by the City
Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Liquid Caustic Soda in response to
Request for Bid No. 2837 ("RFB"), which RFB includes the required scope of work and
all specifications and which RFB and the Contractor's bid response are incorporated
by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully
set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Liquid Caustic Soda in accordance with the
attached Scope of Work, as shown in Attachment A, the content of which is
incorporated by reference into this Agreement as if fully set out here in its entirety.
"Goods," "products", and "supplies", as used in this Agreement, refer to and have
the same meaning.
2. Term. This Agreement is for two years. The parties may mutually extend the term
of this Agreement for up to zero additional zero-year periods ("Option Period(s)"),
provided, the parties do so by written amendment prior to the expiration of the
original term or the then-current Option Period. The City's extension authorization
must be executed by the City Manager or designee.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$3,985,600.00, subject to approved extensions and changes. Payment will be
made for goods delivered and accepted by the City within 30 days of
acceptance, subject to receipt of an acceptable invoice. Contractor shall
invoice no more frequently than once per month. All pricing must be in
accordance with the attached Bid/Pricing Schedule, as shown in Attachment B,
the content of which is incorporated by reference into this Agreement as if fully
set out here in its entirety. Any amount not expended during the initial term or any
option period may, at the City's discretion, be allocated for use in the next option
period.
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
Supply Agreement Standard Form Page 1 of 7
Approved as to Legal Form November 11, 2019
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: Diana Zertuche-Garza
Department: Utilities Department
Phone: (361 ) 826-1827
Email: DianaG@cctexas.com
5. Insurance. Before performance can begin under this Agreement, the Contractor
must deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of products to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of products to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and products will remain with
the Contractor until such time as the products are delivered and accepted by
the City.
7. Inspection and Acceptance. City may inspect all products supplied before
acceptance. Any products that are delivered but not accepted by the City must
be corrected or replaced immediately at no charge to the City. If immediate
correction or replacement at no charge cannot be made by the Contractor, a
replacement product may be bought by the City on the open market and any
costs incurred, including additional costs over the item's bid price, must be paid
by the Contractor within 30 days of receipt of City's invoice.
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8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such products in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or in an attachment to this
Agreement. In using subcontractors, the Contractor is responsible for all their acts
and omissions to the same extent as if the subcontractor and its employees were
employees of the Contractor. All requirements set forth as part of this Agreement,
including the necessity of providing a COI in advance to the City, are applicable
to all subcontractors and their employees to the same extent as if the Contractor
and its employees had performed the work.
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13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Diana Zertuche-Garza
Title: Contracts/Fund Administrator
Address: 2726 Holly Road, Corpus Christi, Texas 78415
Phone: (361 ) 826-1827
Fax: (361 ) 826-1715
IF TO CONTRACTOR:
Univar Solutions USA Inc.
Attn: Roise Holiday
Title: Municipal Specialist
Address: 821 S 212th Street, Kent, Washington 98032
Phone: (253)872-5068
Fax: (253) 872-5041
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
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WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
comply with any of the terms of this Agreement. The Contract Administrator must
give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
21. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
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operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
22. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1 ); then,
D. the Contractor's bid response (Exhibit 2).
23. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
25. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
26. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
(SIGNATURE PAGE FOLLOWS)
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CONTRAC
Signature:
Printed Na : �o r�
Title: t! P — w lb
Date: 3 - 121)` OLD w
CITY OF CORPUS CHRISTI
Kim Baker
Director of Contracts and Procurement
Date:
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance Requirements
iAttachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB No. 2837
Exhibit 2: Contractor's Bid Response
Supply Agreement Standard Form Page 7 of 7
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Attachment A- Scope of Work
1.1 General Requirements/Background Information
A. The Contractor shall provide liquid Caustic Soda solution, also known as Sodium
Hydroxide on as needed basis.
B. The liquid caustic soda will be used for pH adjustment of the final filter effluent.
1.2 Liquid Caustic Soda specification
A. The liquid Caustic Soda Solution delivered under this contract must meet the
following specification
Chemical Properties Units Specifications
Sodium Hydroxide (NaOH) wt.% 48.0 - 52.0
Sodium Oxide Na2O wt.% 38.3-39.57
Sodium Carbonate Na2CO3 wt.% <0.15
Sodium Chloride Ppm 100.0 maximum
Sodium Chlorate Ppm 50.0 maximum
Iron as Fe Ppm 5.0 maximum
Appearance n. a Clear liquid
Specific Gravity /mL 1 .52-1 .54
Density Ib./gal 12.76
B. Liquid Caustic Soda Solution (Sodium Hydroxide Solution)- 50%
C. The Liquid Caustic Soda must be in accordance with American National
Standards Institute (ANSI) /National Sanitation Foundation (NSF) Institute Standard
for Drinking Water Treatment Chemical - Health Effects, ANSI/NSF 60. It is the
responsibility of the Contractor to inform the City of Corpus Christi (within 24hours
from the time of verbal or written notification to Contractor) that its certification
has been revoked or lapsed. Loss of NSF certifications constitutes grounds for
immediate termination of the liquid caustic soda solution contract.
D. The Liquid Caustic Soda must be in accordance with American National
Standards Institute (ANSI) /American Water Works Association standard (AWWA)
for Caustic Soda Solution(liquid) B501 -03
1.3 Delivery
A. The Contractor shall deliver liquid caustic soda in approximately 4000-gallon tank
trucks lots to the O.N. Stevens Water Treatment Plant, 13101 Leopard, Corpus
Christi, Texas 78410.
B. The Contractor shall provide an affidavit of compliance stating that at the time
of loading, the chemicals furnished under the release order complies with all
applicable requirement to the City of Corpus Christi, Water Production
Superintendent, P.O Box 9277, Corpus Christi, Texas 78469-9277
Revised 1 1 .08.19
C. The Contractor must provide a chemical analysis for each chemical shipment
(Certificate of Analysis, including Lot number, and production date). The
chemical analysis must include the parameters as per the specification.
D. Each chemical shipment must be weighed by local certified scale before
delivery to and after unloading at the O.N Stevens Water Treatment Plant. The
truck driver must deliver legible chemical shipment weight ticket to the City of
Corpus Christi, Plant Supervisor, 13101 Leopard, Corpus Christi, Texas 78410.
E. Deliveries will be made Monday to Friday, 8:00 AM to 5:00 PM only, unless an
emergency arises then the Plant Supervisor may approve after hour deliveries.
F. Any chemical supplied must comply with all requirements and standards of the
Occupational Safety and Health Act. The Contractor must provide all
appropriate chemical and warning markings before delivery. The
superintendent/Contract Administrator may reject items not meeting OSHA
specifications. All appropriate markings shall be in place before delivery. Items
not meeting OSHA specifications will be refused.
1.4 Training
A. The Contractor at its expense must provide training to City employees for the safe
handling, storage, and use of the chemical on a semiannual basis on mutual
convenience. The training must include a presentation to visually portray the
proper procedures of handling, storage, and use of liquid caustic soda solution
and all information contained on the Safety Data Sheet must be thoroughly
covered.
B. The Contractor must comply with drug and alcohol testing, education, and
training programs that comply with U.S. Department of Transportation Regulations
49CFR, Parts 382 and 40.
C. The Contractor must execute a Certification of compliance with U.S. Department
of Transportation regulations 49CFR, Parts 382 and 40 and provide a copy to the
Contract Administrator on a quarterly basis beginning with the first chemical
shipment.
1.5 Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control Program that
is acceptable to the Contract Administrator to assure that the requirements of the
Contract are provided as specified. The Contractor will also provide supervision of
the work to insure it complies with the contract requirements.
1.6 Invoicing
The Contractor shall invoice based on local certified weight tickets for each for liquid
caustic soda shipment. The invoice shall include the purchase order number or
supply agreement number.
Revised 1 1 .08.19
Attachment B- BidZPricing Schedule
_I
I
�ousc � CITY OF CORPUS CHRISTI
0 _ CONTRACTS AND PROCUREMENT
DEPARTMENT
,6CORPORAIE BID FORM
1852
RFB No. 2837
Liquid Caustic Soda
PAGE 1 OF 1
Date: 2/24/2020
Authorized
Bidder: Univar Solutions USA Inc. Signature:
1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
i
completing bid.
2. Quote your best price for each item.
3. In submitting this bid, Bidder certifies that: i
a. the prices in this bid have been arrived at independently, without consultation,
communication, or agreement with any other Bidder or competitor, for the
purpose of restricting competition with regard to prices. i
b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information
on file with City's Contracts and Procurement office, pursuant to the Code of
Ordinances, is current and true.
c. Bidder is current with all taxes due and company is in good standing with all
applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
I
Item Description UNIT I QTY Unit Price Total Price
First Year
1 50% Liquid Caustic Soda Solution Wet 10,750
Tons $185.28/wet ton $1,991,760.00
2 Unloading Delay Hours 13 $80.00/hour after 2 hour
int/4 hour increments $1,040.00
Unloading Delay fees would only be charged after the first Total
i
2 hours per delivery. $1,992,800.00
i
Second Year
Item Description UNIT QTY Unit Price Total Price
1 50% Liquid Caustic Soda Solution Wet 10,750
Tons $185.28/wet ton $1,991,760.00
2 Unloading Delay Hours 13 $80.00/hour after 2hours
in 1/4 hour increments $1,040.00 I
*Unloading Delay fees would only be charged after the first Total
2 hours per delivery. $1,992,800.00
I
I
Attachment C - Insurance Requirements
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance
required has been obtained-and such insurance has been approved by the City.
Contractor must not allow any subcontractor, to commence work until all similar
insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administrator
one (1) copy of Certificates of Insurance with applicable policy endorsements
showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and a
waiver of subrogation endorsement is required on GL, AL and WC if applicable.
Endorsements must be provided with Certificate of Insurance. Project name
and/or number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material
change or termination required on all Per occurrence - aggregate
certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including:
1. Commercial Broad Form
2. Premises - Operations
3. Products/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory
(All States Endorsement if Company is not
domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
POLLUTION LIABILITY $1,000,000 Per Occurrence
C. In the event of accidents of any kind related to this contract, Contractor must
furnish the Risk Manager with copies of all reports of any accidents within 10 days
of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written
on a policy and endorsements approved by the Texas Department of Insurance.
The workers' compensation coverage provided must be in statutory amounts
according to the Texas Department of Insurance, Division of Workers'
Compensation. An All States Endorsement shall be required if Contractor is not
domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the
duration of this Contract, and any extension hereof, at Contractor's sole
expense, insurance coverage written on an occurrence basis by
companies authorized and admitted to do business in the State of Texas
and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance
throughout the term of this contract and any extensions within 10 days of
the policy expiration dates. All notices under this Exhibit shall be given to
City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional
insureds by endorsement with regard to operations, completed operations, and
activities of or on behalf of the named insured performed under contract with
the City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to
the City of Corpus Christi where the City is an additional insured shown on the
policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not
less than ten (10) calendar days advance written notice for nonpayment of
premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to
suspend Contractor's performance should there be a lapse in coverage at any
time during this contract. Failure to provide and to maintain the required
insurance shall constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to
provide and maintain any insurance or policy endorsements to the extent and
within the time herein required, the City shall have the right to order Contractor
to stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the
requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to
which Contractor may be held responsible for payments of damages to persons
or property resulting from Contractor's or its subcontractor's performance of the
work covered under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of
Corpus Christi for liability arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
2019 Insurance Requirements
Ins. Req. Exhibit 4-C
Contracts for General Services- Services Performed Onsite- Pollution
04/26/2019 Risk Management - Legal Dept.
Attachment D - Warranty Requirements
Section 8 Warranty Sub Section (b) is null and void for this Supply Agreement.
CITY OF CORPUS CHRISTI
Contracts and Procurement
Request for Bid
Bid Tabulation
TITLE:RFB 2837 Liquid Caustic Soda
Senior Buyer:Cynthia Perez
Supplier 1 Supplier2 Supplier 3 Supplier4l
Univar Solutions USA,Inc. Brenntag Southwest,Inc. DPC Industries,Inc. Shrieve Chemical Company
First Year Kent,Washington Lancaster,Texas Corpus Christi,Texas The Woodlands,Texas
UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED
ITEM DESCRIPTION Unit QTY PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE
50%Liquid Caustic Soda
1 Solution Wet Tons 10,750 $ 185.28 $ 1,991,760.00 $ 212.00 $ 2,279,000.00 $ 248.00 $ 2,666,000.00 $ 268.00 $ 2,881,000.00
$80.00/hour
after 2 hours in
1/4 hour
2 Unloadinq Delay Hours 13 increments 1,040.00 75.00 975.00 85.00 1,105.00 75.00 975.00
Second Year
50%Liquid Caustic Soda
3 Solution Wet Tons 10,750 185.28 1,991,760.00 249.00 2,676,750.00 275.60 2,962,700.00 299.00 3,214,250.00
$80.00/hour
4 Unloading Delay Hours 13 after 2 hours in $ 1,040.00 $75.00 $975.00 $90.00 $1,170.00 $75.00 $ 975.00
1/4 hour
increments
TOTAL i $3,985,600.00 i $4,957,700.00 i $5,630,975.00 i $6,097,200.00
�vs cr�
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H
V
CORPORI AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting of April 21 , 2020
DATE: April 21 , 2020
TO: Peter Zanoni, City Manager
FROM: Kevin Norton, Director of Water Utilities
Kevin N(a)cctexa s.co m
(361) 826-1874
Kim Baker, Director of Contracts and Procurement
KimB2(a)cctexas.com
(361) 826-3169
Sludge Dewatering Polymer for the Wastewater Treatment Plants
CAPTION:
Motion authorizing a two-year supply agreement with Polydyne, Inc., in an amount not to
exceed $790,585.00, for the purchase of Sludge Dewatering Polymer for the Utilities
Department, effective upon issuance of notice to proceed, with first-year funding in the
amount of $164,700.00 available in the FY 2020 Wastewater Fund.
SUMMARY:
This motion authorizes a two-year supply agreement with Polydyne, Inc., for Sludge
Dewatering Polymer for the Utilities Department. Polydyne, Inc. was the supplier This
chemical is necessary in the dewatering of digested sludge using belt filter presses and
centrifuges at the City's wastewater treatment plants as required by Texas Commission on
Environmental Quality (TCEQ) compliance regulations.
BACKGROUND AND FINDINGS:
The City of Corpus Christi operates six Wastewater Treatment Plants with a combined
permitted effluent flow of 43 million gallons per day, resulting in over 5,000 dry tons (40,000
cubic yards) of biosolids per year that must be disposed. Belt filter presses and centrifuges
are used at the treatment plants to dewater the biosolids before final disposal at the Cefe
Venezuela Landfill. Polymer use in the dewatering process improves the dewatering
characteristics of the sludge and reduces its leach potential upon landfill disposal.
The Contracts and Procurement Department conducted a competitive Request for Bid
process to obtain bids. The City received one responsive, responsible bid. Staff compared
the cost to bids received in 2019 for this product and determined that the cost is fair and
reasonable and is recommending award to Polydyne, Inc., the current supplier and
responsive, responsible bidder. Polydyne, Inc. is the manufacturer of this product; therefore,
the City would be purchasing the polymer directly from the maker at a minimal price increase
per unit from $1 .28 to $1 .31 in comparison to the contract in 2019.
ALTERNATIVES:
There are no alternatives to securing this supply agreement. This chemical is necessary for
public health and safety, and to meet TCEQ environmental permit requirements.
FISCAL IMPACT:
The fiscal impact for the Utilities Department for FY 2020 is $164,700.00 for this two-year
supply agreement, with the remaining cost of $625,885.00 to be budgeted in future years
through the annual budget process.
FUNDING DETAIL:
Fund: 4200 Wastewater
Organization/Activity: 33100 Broadway Wastewater Plant
Mission Element: 064 Treat Wastewater
Project # (CIP Only): N/A
Account: 520010 Purification Chemicals
Cost: $37,881 .00
Fund: 4200 Wastewater
Organization/Activity: 33110 Oso Wastewater Plant
Mission Element: 064 Treat Wastewater
Project # (CIP Only): N/A
Account: 520010 Purification Chemicals
Cost: $65,880.00
Fund: 4200 Wastewater
Organization/Activity: 33120 Greenwood Wastewater Plant
Mission Element: 064 Treat Wastewater
Project # (CIP Only): N/A
Account: 520010 Purification Chemicals
Cost: $26,352.00
Fund: 4200 Wastewater
Organization/Activity: 33130 Allison Wastewater Plant
Mission Element: 064 Treat Wastewater
Project # (CIP Only): N/A
Account: 520010 Purification Chemicals
Cost: $24,705.00
Fund: 4200 Wastewater
Organization/Activity: 33140 Laguna Madre Wastewater Plant
Mission Element: 064 Treat Wastewater
Project # (CIP Only): N/A
Account: 520010 Purification Chemicals
Cost: $4,941 .00
Fund: 4200 Wastewater
Organization/Activity: 33150 Whitecap Wastewater Plant
Mission Element: 064 Treat Wastewater
Project # (CIP Only): N/A
Account: 520010 Purification Chemicals
Cost: $4,941 .00
RECOMMENDATION:
Staff recommends approval of this motion authorizing a two-year supply agreement with
Polydyne, Inc. for Sludge Dewatering Polymer for the Utilities Department.
LIST OF SUPPORTING DOCUMENTS:
Supply Agreement
Bid Tabulation
S
SUPPLY AGREEMENT NO. 2769
Sludge Dewatering Polymer
THIS Sludge Dewatering Polymer Supply Agreement ("Agreement") is entered into
by and between the City of Corpus Christi, a Texas home-rule municipal corporation
("City") and Polyclyne, Inc. ("Contractor"), effective upon execution by the City
Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has bid to provide Sludge Dewatering Polymer in response
to Request for Bid No. 2769 ("RFB"), which RFB includes the required scope of work and
all specifications and which RFB and the Contractor's bid response are incorporated
by reference in this Agreement as Exhibits I and 2, respectively, as if each were fully
set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
I Scope. Contractor will provide Sludge Dewatering Polymer in accordance with
the attached Scope of Work, as shown in Attachment A, the content of which is
incorporated by reference into this Agreement as if fully set out here in its entirety.
"Goods," "Products", and "supplies", as used in this Agreement, refer to and have
the same meaning.
2. Term. This Agreement is for two years. The parties may mutually extend the term
of this Agreement for up to zero additional zero-year periods ("Option Period(s)"),
provided, the parties do so by written amendment prior to the expiration of the
original term or the then-current Option Period. The City's extension authorization
must be executed by the City Manager or designee.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$790,585.00, subject to approved extensions and changes. Payment will be made
for goods delivered and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. Contractor shall invoice no more
frequently than once per month. All pricing must be in accordance with the
attached Bid/Pricing Schedule, as shown in Attachment B, the content of which
is incorporated by reference into this Agreement as if fully set out here in its
entirety. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next option period.
Invoices will be mailed to the following address with a copy provided to the
Contract Administrator:
Supply Agreement Standard Form Page I of 7
Approved as to Legal Form November 11, 2019
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Name: Joanna Moreno
Department: Utilities Department
Phone: (361) 826-1649
Email: JoannaM@cctexas.com
5. Insurance. Before performance can begin under this Agreement, the Contractor
must deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of products to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of products to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and products will remain with
the Contractor until such time as the products are delivered and accepted by
the City.
7. Inspection and Acceptance. City may inspect all products supplied before
acceptance. Any products that are delivered but not accepted by the City must
be corrected or replaced immediately at no charge to the City. If immediate
correction or replacement at no charge cannot be made by the Contractor, a
replacement product may be bought by the City on the open market and any
costs incurred, including additional costs over the item's bid price, must be paid
by the Contractor within 30 days of receipt of City's invoice.
Supply Agreement Standard Form Page 2 of 7
Approved as to Legal Form November 11, 2019
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by f he Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City,which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such products in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. Contractor may use subcontractors in connection with the work
performed under this Agreement. When using subcontractors, however, the
Contractor must obtain prior written approval from the Contract Administrator
unless the subcontractors were named in the bid or in an attachment to this
Agreement. In using subcontractors, the Contractor is responsible for all their acts
and omissions to the same extent as if the subcontractor and its employees were
employees of the Contractor. All requirements set forth as part of this Agreement,
including the necessity of providing a COI in advance to the City, are applicable
to all subcontractors and their employees to the same extent as if the Contractor
and its employees had performed the work.
Supply Agreement Standard Form Page 3 of 7
Approved as to Legal Form November 11,2019
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Joanna Moreno
Title: Contract Funds/Administrator
Address: 2726 Holly Road, Corpus Christi, Texas 78415
Phone: (361) 826-1649
Fax: (361) 826-1715
IF TO CONTRACTOR:
Polyclyne, Inc.
Attn: Boyd Stanley
Title: Vice-President
Address: P.O. Box 279, Riceboro, Georgia 31323
Phone: (912) 880-2035
Fax: (912) 880-2078
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES ) FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
Supply Agreement Standard Form Page 4 of 7
Approved as to Legal Form November 11, 2019
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
comply with any of the terms of this Agreement. The Contract Administrator must
give the Contractor written notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager may also terminate this Agreement upon 24 hours written notice to the
Contractor for failure to pay or provide proof of payment of taxes as set out in this
Agreement.
14. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
21. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Supply Agreement Standard Form Page 5 of 7
Approved as to Legal Form November 11, 2019
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
22. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor's bid response (Exhibit 2).
23. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriaf e district, county, or justice court in and
for Nueces County, Texas.
25. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapfer J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
26. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
(SIGNATURE PAGE FOLLOWS)
CONTRACTOR
Supply Agreement Standard Form Page 6 of 7
Approved as to Legal Form November 11,2019
Signature:
Printed Name: Boyd Stanley
Title: Vice-President
Date: 3/17/20
CITY OF CORPUS CHRISTI
Kim Baker
Director of Contracts and Procurement
Date:
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit l: RFB No. 2769
Exhibit 2: Contractor's Bid Response
Supply Agreement Standard Form Page 7 of 7
Approved as to Legal Form November 11, 2019
Attachment A- Scope of Work
1.1 Background Information
A. The City uses the polymer for de-watering of digested sludge using belt filter
presses at the City's Wastewater Treatment Plants.
B. The City uses the chemical known as organic polymer, which is synthetic, high
molecular weight, water-soluble polyelectrolytes, manufactured specifically for
use as flocculants for sludge conditioning.
1.2 Product Specifications
A. Polymers shall be emulsion-type only, readily and completely miscible in water at
all dilutions and temperatures, and capable of being diluted to any ratio needed
to meet dosage requirements.
B. The product shall be a cationic copolymer of acrylamide. The product shall
contain no formaldehyde. Active solids concentration must be a minimum of
40%.
C. The polymer materials shall have a shelf life of at least six months at ambient
temperatures.
D. The polymer materials in both concentrated and diluted form shall not require
special handling, nor shall they pose hazards to employees working with them.
E. The polymer shall not contain any substances which are inhibitory or toxic to
bacteria essential to wastewater treatment processes.
F. The materials shall not cause corrosion problems to the City's equipment. The
polymers must be compatible with the City's existing storage and handling
facilities.
G. The product must meet the following performance specifications for each of the
City's wastewater treatment plants. Failure to meet these specifications will result
in that product being deemed non-conforming:
Plant Min Feed Min Max Min Max Polymer
Rate(gallons/min) Feed Filtrate Cake Dosage
Solids Solids Solids (lbs./dry ton)
Broadway 100 2 200 24 15
Oso 160 2 200 16 15
Greenwood 100 4 200 24 15
Allison 70 2 200 16 15
Laguna 70 2 200 16 15
Madre
Whitecap 70 2 200 16 15
Revised 11.08.19
Page 18 of 21
1.3 Change of Product
If the Contractor desire to make any changes to the product during the term of the
contract, the contractor shall provide sample to the contract administrator for
approval. The Contractor shall allow a minimum of 30 days to the Contract
administrator to approve the new sample of polymer. The Contractor shall continue
with the current approved polymer until new polymer is approved.
1.4 Performance Requirement for Polymer used at Broadway Centrifuges
The Broadway Wastewater Treatment Plant is the only plant using centrifuges. The
polymer used for the centrifuges will comply with all other elements of the
performance Specification, expect as amended here:
1. Solids concentration of waste activated sludge: Minimum 10,000 mg/l.
2. Volatile Content of Solids: Less than 74 percent.
3. Total Sludge Feed Rate:
a.Design: 450 gallons per minute.
b. Minimum: 280 gallons per minute.
4. Total Diluted Polymer and Sludge Feed Rate:
a.Design: 500 gallons per minute.
b.Minimum: 300 gallons per minute.
5. Cake Dryness:
a.At Design Sludge Feed Rate: Minimum 18 percent total solids
b.At Minimum Sludge Feed Rate: Minimum 22 percent total solids
6. Maximum centrate total suspended solids: 200 mg/I
7. Maximum polymer dose: 15 lbs. polymer per dry ton solids
1.5 Delivery and Inspection
A. The frequency of deliveries is dependent upon the requirement of keeping a
minimum of two-week inventory of polymer for sludge de-watering.
B. The Contractor shall deliver polymers in 250-gallon totes provided by the
manufacturer and unloaded at the wastewater treatment plants.
C. The Contractor shall provide any special equipment necessary for unloading.
D. Deliveries shall be made between 8:00 a.m. and 4:00 p.m., Monday through
Friday, excluding holidays, unless otherwise instructed.
E. Deliveries will be made to the following Wastewater Treatment Plants:
Broadway WWTP - 801 Resaca, Corpus Christi, TX
• Oso WWTP - 601 Nile, Corpus Christi, TX
Greenwood WWTP - 6541 Greenwood Dr., Corpus Christi, TX
Revised 11.08.19
Page 19 of 21
• Allison WWTP - 4101 Allison Drive, Corpus Christi, TX
• Laguna Madre WWTP - 201 Jester, Corpus Christi, TX
• Whitecap WWTP - 13409 Whitecap Blvd., Corpus Christi, TX
F. All materials supplied must comply with all requirements and standards of the
Occupational Safety and Health Act (OSHA). All appropriate marking shall be in
place before delivery. Items not meeting OSHA specifications will be refused.
Safety Data Sheets (SDS) essentially similar to the U.S. Department of Labor form
LSB-00 S-5 shall be furnished with the materials delivered.
1.6 Invoicing
The Contractor shall invoice each delivery separately. Invoice shall be based on
pounds of product delivered. ,
1.7 Quality Control and Technical Support
A. The Contractor shall establish and maintain a complete Quality Control Program
that is acceptable to the Contract Administrator to assure that the requirements
of the Contract are provided as specified.
B. The Contractor shall provide technical assistance as needed to ensure that the
polymer is performing as per the specifications and that the polymer is being
used in the most cost-effective manner.
Revised 11.08.19
Page 20 of 21
Attachment B - Bid/Pricing Schedule
S
CITY OF CORPUS CHRISTI
CONTRACTS AND PROCUREMENT
DEPARTMENT
85Z BID FORM
RFB No. 2769
Sludge Dewatering Polymer
Date: 2/18/2020 PAGE I OF 2
Authorized
Polydyne Inc.
Bidder: Signature: �ae,4
I Boyd Snley,Vice-PresiUht
1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before
completing bid.
2. Quote your best price for each item.
3. In submitting this bid, Bidder certifies that:
a. the prices in this bid have been arrived at independently, without consultation,
communication, or agreement with any other Bidder or competitor, for the
purpose of restricting competition with regard to prices,
b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information
on file with City's Contracts and Procurement office, pursuant to the Code of
Ordinances, is current and true.
c. Bidder is current with all taxes due and company is in good standing with all
applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
If;gen Lotat,on 06WEstimated Uhit'Price JOTa 'Pft�
Two-year
usage
Sludge Dewatering
I Polymer for Broadway Lbs. 138,000 $1.31/Lb. $180,780.00
Plant Clarifloc C-6266
2 Sludge Dewatering Lbs. 241,500 $131/Lb. $316,365.00
Polymer for Oso Plant
Clarifloc CE-1323
Sludge Dewatering
3 Polymer for Greenwood Lbs. 97,500 $1.31/Lb. $127,725.00
Plant Clarifloc CE-454
4 Sludge Dewatering Lbs. 92,000 $1.31/Lb. $120,520,00
Polymer for Allison Plant
Clarifloc C-6266
Sludge Dewatering
5 Polymer for Laguna Lbs. 17,250 $1.31/Lb. $22,597.50
Madre Clarifloc CE-1325
Sludge Dewatering
6 Polymer for Whitecap Lbs. 17,250 $1.31/Lb. $22,597.50
Plant Clarifloc CE-1325
Total $790,585,00
Attachment C - Insurance Requirements
CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance
required has been obtained-and such insurance has been approved by the City.
Contractor must not allow any subcontractor, to commence work until all similar
insurance required of any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administrator
one (1) copy of Certificates of Insurance with applicable policy endorsements
showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager,The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and a
waiver of subrogation endorsement is required on GL, AL and WC if applicable.
Endorsements must be provided with Certificate of Insurance. Project name
and/or number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material Per occurrence- aggregate
change or termination required on all
certificates and policies.
COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence
including:
1. Commercial Broad Form
2. Premises-Operations
3. Prod ucts/Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $1,000,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS'S COMPENSATION Statutory
(All States Endorsement if Company is not
domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
POLLUTION LIABILITY $1,000,000 Per Occurrence
C. In the event of accidents of any kind related to this contract, Contractor must
furnish the Risk Manager with copies of all reports of any accidents within 10 days
of the accident.
11. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company.The coverage must be written
on a policy and endorsements approved by the Texas Department of Insurance.
The workers' compensation coverage provided must be in statutory amounts
according to the Texas Department of Insurance, Division of Workers'
Compensation. An All States Endorsement shall be required if Contractor is not
domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the
duration of this Contract, and any extension hereof, at Contractor's sole
expense, insurance coverage written on an occurrence basis by
companies authorized and admitted to do business in the State of Texas
and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance
throughout the term of this contract and any extensions within 10 days of
the policy expiration dates. All notices under this Exhibit shall be given to
City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi,TX 78469-9277
D. Contractor agrees that,with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional
insureds by endorsement with regard to operations, completed operations, and
activities of or on behalf of the named insured performed under contract with
the City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to
the City of Corpus Christi where the City is an additional insured shown on the
policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not
less than ten (10) calendar days advance written notice for nonpayment of
premium,
E. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to
suspend Contractor's performance should there be a lapse in coverage at any
time during this contract. Failure to provide and to maintain the required
insurance shall constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to
provide and maintain any insurance or policy endorsements to the extent and
within the time herein required, the City shall have the right to order Contractor
to stop work hereunder, and/or withhold any payment(s) which become due to
Contractor hereunder until Contractor demonstrates compliance with the
requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to
which Contractor may be held responsible for payments of damages to persons
or property resulting from Contractor's or its subcontractor's performance of the
work covered under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of
Corpus Christi for liability arising out of operations under this contract.
1. If is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this contract.
2019 Insurance Requirements
Ins. Req. Exhibit 4-C
Contracts for General Services- Services Performed Onsite- Pollution
04/26/2019 Risk Management- Legal Dept.
Attachment D - Warranty Requirements
Section 8 Warranty Sub Section (b) is null and void for this Supply Agreement.
CITY OF CORPUS CHRISTI BID TABULATION RFB#2769
Contracts and Procurement Sludge Dewatering Polymer
Senior Buyer: Cynthia Perez
Polydyne,Inc
Est.2 Riceboro,Georgia
ITEM DESCRIPTION Unit Yr.Qty.
Unit Extended
Price Price
1 Sludge Dewatering Polymer Lbs. 138,000
Broadway Treatment Plant
$1.31 $180,780.00
2 Sludge Dewatering Polymer Oso Lbs. 241,500
Treatment Plant
$1.31 $316,365.00
3 Sludge Dewatering Polymer Lbs. 97,500
Greenwood Treatment Plant
$1.31 $127,725.00
4 Sludge Dewatering Polymer Lbs. 92,000
Allison Treatment Plant
$1.31 $120,520.00
5 Sludge Dewatering Polymer Lbs. 17,250
Laguna Madre Treatment Plant
$1.31 $22,597.50
Sludge Dewatering Polymer
6 Whitecap Treatment Plant Lbs. 17,250 $1.31 $22,597.50
Total $790,585.00
SC
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F
v
NoAPoapYE° AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting of April 21, 2020
DATE: April 7, 2020
TO: Peter Zanoni, City Manager
THRU: Michael Rodriguez, Chief of Staff
michaelrod@cctexas.com
(361) 826-3732
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
Kevin Norton, Director of Water Utilities
kevinn@cctexas.com
(361) 826-1874
Kim Baker, Director of Contracts and Procurement
kimb2@cctexas.com
(361) 826-3169
Professional Services Contract Amendment
O. N. Stevens Water Treatment Plant Sedimentation Basin Improvements
CAPTION:
Motion awarding Amendment No. 1 to a contract with Hazen and Sawyer for engineering services
to support dredging the pre-sedimentation basin and repairs and upgrades to the solids collection
system for the O.N. Stevens Water Treatment Plant (ONSWTP) sedimentation basins in the
amount of $862,388, for a total contract value not to exceed $912,188, located in City Council
District 1, effective upon issuance of notice to proceed, with funding approved and available from
Water 2020 Capital Improvement Program Budget.
SUMMARY:
This professional services contract provides for detailed design, preparation of construction bid
documents and construction-phase engineering services for dredging the ONSWTP pre-
sedimentation basin and replacement/repair of the ONSWTP sedimentation basin solids
collection system.
BACKGROUND AND FINDINGS:
The City of Corpus Christi (City) owns and operates the 161.5 MGD ONSWTP. The 120 million-
gallon, pre-sedimentation basin is approximately 55% full of accumulated sediment. The basin
was last dredged over 20-years ago. Additionally, there are problems with the ONSWTP solids
handling equipment in the plant's four sedimentation basins. Two sedimentation basins use a
Project No: 18130A 1 April 8,2020
Legistar No.:20-0103 PM:Lj Francis,RE
Trac-Vac solids collection system that experiences frequent failures and requires significant
maintenance to remain operational. The Trac-Vac solids collection system is obsolete and has
reached the end of its economic life. Two of the sedimentation basins use a circular scraper
system whose drive mechanisms need to be replaced.
Preliminary assessment was conducted under a staff-approvable small engineering contract. This
amendment provides for the detailed design, bid package development and construction phase
services to support both project parts. Part A of the project includes dredging the pre-
sedimentation basin, and Part B includes replacing the solids collection system in two
sedimentation basins and replacement of the drive mechanisms on the circular scrapers in the
other two sedimentation basins.
The engineering scope of work is to complete detailed design work, develop bid packages, and
provide engineering support during construction of both project parts.
PROJECT TIMELINE, PART A:
1 1 1 1
A M J J A S O N D Jan-Jan
Design Bid Construction
Part A, Projected Schedule reflects City Council award in April 2020 with design completion in
August 2020. Construction (Dredging) is anticipated to begin in December 2020 with a duration
of fourteen months and completion in January 2022.
PROJECT TIMELINE, PART B:
2020-2021 12022
Apr-Apr M J J A S O N D J F MA
Design Bid &&C'.onstructio
Part B, Projected Schedule reflects City Council award in April 2020 with design completion in
April 2021 (this longer design time needed for the Solids collector replacement design).
Construction is anticipated to begin in August 2021 with a duration of nine months and completion
in April 2022.
COMPETITIVE SOLICITATION PROCESS:
Hazen and Sawyer were selected for the FY 2018 Capital Improvement Projects, Part B Utilities
Projects: Trac-Vac and Pre-Sedimentation Basin Dredging (ONSWTP) in October 2018 under
RFQ 2018-01. This project was one of fifteen selections that were announced under the Utility
Projects Category of the RFQ. Hazen and Sawyer were selected as the most qualified of six
applicants for this project.
Project No: 18130A 2 April 8,2020
Legistar No.:20-0103 PM:Lj Francis,RE
The selection committee was comprised with representatives from the Utilities Department and
Engineering Services. The final evaluation ranked Hazen and Sawyer the highest and
recommended the firm as most qualified based on five factors: 1) experience of the firm, 2)
experience of the key personnel with specific experience in water treatment solids handling and
disposal challenges, 3) project approach and management plan, 4) capacity to meet the project
requirements and timelines, and 5) past performance.
ALTERNATIVES:
Without this project, the accumulation of solids in the pre-sedimentation basin will adversely affect
water treatment and quality. The obsolete solids collection system in the sedimentation basins
will result in additional maintenance and repair costs and adversely affect water quality.
FISCAL IMPACT:
This contract will award design, bid and construction phase services for the ONSWTP to dredge
the pre-sedimentation basin, replace the solids collector system, and replace clarifier drive
mechanisms to Hazen and Sawyer $862,388, for a total contract value not to exceed $912,188,
located in City Council District 1, effective upon issuance of notice to proceed, with funding
approved and available from Water 2020 CIP.
Funding Detail:
Fund: Water 2020 CIP Fund (Fund #4099)
Mission Elem: Treat Water (ME#061)
Activity: 1813OA-01-4099-EXP
Account: Outside Consultants (Acct #550950)
Project No.: ONSWTP Sedimentation Basin Improvements (Project #18130A)
Amount: $862,388.00
The total approved project budget in the FY 2020 CIP for the ONSWTP Sedimentation
Improvements is $5,490,000.00.
RECOMMENDATION:
City staff recommends award of the professional services contract in the amount of$862,388 to
Hazen and Sawyer. The design phase is planned to begin in April 2020 with completion estimated
5 months after notice to proceed for Part A and 12 months after notice to proceed for Part B. The
construction phase for Part A is planned to start in December 2020 and end in January 2022. The
construction phase for Part B is planned to begin in August 2021 and end in April 2022.
LIST OF SUPPORTING DOCUMENTS:
Location and Vicinity Maps
Contract
Project No: 18130A 3 April 8,2020
Legistar No.:20-0103 PM:Lj Francis,RE
PROJECT LOCATION
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-� NOT TO SCALE I PROJECT NUMBER: 18130A
O.N. STEVENS SEDIMENTATION CITY COUNCIL EXHIBIT
BASIN IMPROVEMENTS DEPARTMENT
CORPUS CHRISTI,TEXAS
VONI
ARTMENEN T OF ENGINEERING SERVICES
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PROJECT LOCATION
,
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SEDIMENTATION PLANTug .
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NOT TO SCALE Project Number: 18130A
O.N. STEVENS SEDIMENTATION CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI,TEXAS VONI
BASINIMPROVEMENTS DEPARTMENT OF ENGINEERING SERVICES -
"u s e,
CITY OF CORPUS CHRISTI
AMENDMENT NO. 1 to the
CONTRACT FOR PROFESSIONAL SERVICES
Agreement reement No. 1971
g
The City of Corpus Christi, Texas, hereinafter called "CITY," and HAZEN AND SAWYER, hereinafter
called "CONSULTANT," agree to the following amendment to the Contract for Professional Services for
ONSWTP Sedimentation Basin Improvements (Project No. 18130A) as authorized and
administratively amended by:
Original Contract I October 28, 2018 1 Administrative Approval $49,800.00
IN THE ORIGINAL CONTRACT, EXHIBIT A, SCOPE OF SERVICES, shall be modified as shown in
the attached Exhibit A.
IN THE ORIGINAL CONTRACT, COMPENSATION shall be modified as shown in the attached Exhibit
A for an additional fee not to exceed $862,388.00 for a total revised fee not to exceed $912,188.00.
All other terms and conditions of the October 28, 2018 contract between the "CITY" and
"CONSULTANT" and of any amendments to that contract which are not specifically addressed herein
shall remain in full force and effect.
CITY OF CORPUS CHRISTI HAZEN AND SAWYER
3/19/20
Michael Rodriguez Date Chamindra Dassanayake, Ph.D., P.E. Date
Chief of Staff Vice President and Southwest Regional
Manager
Campbell Centre II
8150 N. Central Expressway, Suite 700
(214) 382 5750 Office
CDassanayake@hazenandsawyer.com
EGed@hazenandsawyer.com
APPROVED AS TO FORM
Legal Department Date
ATTEST
City Secretary
City of
Corpus
Chrrsti Hazen
TBPE Firm No. F-13618
EXHIBIT A
SCOPE OF WORK
CITY OF CORPUS CHRISTI
O. N. Stevens Water Treatment Plant Sedimentation Basin
Improvements and Pre-Sedimentation Basin Dredging
CITY PROJECT NO. 18130A
PROJECT DESCRIPTION
The City of Corpus Christi (City) owns and operates the 161.5 MGD O.N. Stevens Water
Treatment Plant (ONSWTP) that currently uses a Trac-Vac solids collector system in their two
primary sedimentation basins in Plant 1. The existing Trac-Vac system requires constant
maintenance from plant staff and experiences frequent failures due to lost suction or problems
with the solids blanket. The City considers the system obsolete and believes it has outlived its
useful design life. Due to the inefficiencies and ineffectiveness of the existing solids collector
system, the City plans to upgrade the system and has requested a detailed condition assessment,
design, and construction services for the solids collector system replacement. Furthermore, the
pre-sedimentation basin at ONSWTP is used to store solids from the incoming raw water. Recent
surveys have indicated that the pre-sedimentation basin requires dredging to restore the available
volume for storage.
The first part of this project includes preparation of a construction package for dredging of the pre-
sedimentation basin. Under the small contract it was estimated that the pre-sedimentation basin
is over 55% full. Dredging of Lagoons 5 and 6 is being performed under a separate task
authorization. Separate construction packages will be prepared for the pre-sedimentation
dredging work and the solids collection system replacement. This allows the dredging portion to
be expedited as well as allowing selection of qualified contractors for the respective work.
The second part of this project is to design a new solids collector system to replace the existing
Trac-Vac system. Additionally, the clarifier drive mechanisms on the circular scrapers at Plant 2
will be replaced. It is expected that increases in plant capacity will be achieved using plate settlers,
tube settlers, or another equivalent technology. Therefore, considerations will be made to provide
sufficient clearance for the high rate settling equipment.
The ENGINEER will be responsible for the following:
• Sedimentation Basin Structural Repairs
• Site Preparation
• New Solids Collector System Detailed Design
City Proj. No. 18130A Exhibit"A"
Pagel of 28
• Conduct a site visit with ONSWTP staff to another facility using the proposed solids
collection technology
• Demolition of the existing Trac-Vac System
• Replacement of the circular clarifier drive mechanisms at Plant 2
• Instrumentation and controls for integration of the solids collector system with plant control
system
• Preparing construction package for the pre-sedimentation lagoon dredging
• Development of Opinion of Probably Construction Cost (OPCC)
• Preparation of Contract Documents
• Assisting the City in advertising and bidding the project
• Services during construction including review of submittals, RFIs, and change order
requests and attending regular construction progress meetings
• Assistance during startup and commissioning
SCOPE OF SERVICES
PART A — PRE-SEDIMENTATION BASIN DREDGING
The first part of this project includes preparation of a construction package for dredging,
dewatering and disposal of residuals from the Pre-sedimentation basin. As mentioned in the
project description, there is an immediate need to dredge the Pre-sedimentation basin for
operational flexibility and to address water quality issues while long-term solids handling facilities
are planned under the next phase of City Project No. 180195 (O.N. Stevens Water Treatment
Plant Solids Handling and Disposal Facilities).
The ENGINEER will be responsible for the following:
• Dredging Plans and Specifications
• Preparation of Contract Documents
• Assisting the City in bidding the project
• Services during construction including review of submittals, RFIs, reviewing test data,
tracking landfill quantities, and change order requests and attending regular construction
progress meetings
1. Preliminary Design Services
This phase is not required.
2. Detailed Design Services
2.01 Project Kickoff Meeting
City Proj. No. 18130A Exhibit"A"
Page 2 of 28
ENGINEER will coordinate and conduct the kickoff meeting to discuss project goals and
obtain input from the City. ENGINEER will prepare meeting minutes and will finalize and
distribute after review by the City's staff.
Scope Item Assumptions:
• Meetings will be held at the Corpus Christi Utilities building or ONSWTP.
• Utilities and Engineering Services Staff will attend progress meetings.
• ENGINEER's staff working on the project remotely will dial in by phone as
necessary.
Meetings:
• One (1) two-hour kickoff meeting
Deliverables:
• Meeting Minutes and sign-in sheet.
2.02 Project Coordination
ENGINEER will coordinate the work of all subconsultants, including the leading of
meetings with subconsultants to coordinate completion of work and adherence to
schedules. The ENGINEER will coordinate with the City's utilities staff for data requests
and operations questions. The ENGINEER will coordinate with Engineering Services
regarding historical document and drawings requests. The ENGINEER will coordinate
with other on-going projects at ONSWTP that have overlapping project drivers.
2.03 Detailed Project Schedule and Updates
ENGINEER will prepare a project schedule that summarizes all of the major tasks of the
project and the critical path of the project. ENGINEER will update the project schedule as
the project progresses or changes occur.
2.04 Pre-final (90%) and Final Design
Upon authorization by the City, the ENGINEER will perform the pre-final design for
dredging of the Pre-sedimentation Basin. The design will involve development of a set of
contract documents, which will include construction plans, details, specifications, and
other documents to establish and depict the size, character, and extent of the entire project
with respect to site work, mechanical, instrumentation and electrical systems, and such
other elements as may be appropriate.
City Proj. No. 18130A Exhibit"A"
Page 3 of 28
All of the contract plans will be prepared using the latest version of AutoCAD. As part of
the final design, the ENGINEER will develop contractual conditions and instructions to
bidders and will also update the project cost estimates and construction schedule, to
reflect the level of design completion.
As part of preparing the final design, the ENGINEER will conduct an internal
constructability review. This review will focus on the ease with which the system can be
constructed at the selected site, be integrated with existing facilities, and avoid
interferences and other obstacles that could cause construction delays or difficulties. The
ability to maintain existing facilities in service throughout construction will also be
examined as part of the constructability review.
Design documents will be submitted to the City at various stages during final design. The
following deliverables have been established for final design, which will be provided at the
90 % and 100% completion points, respectively:
Deliverables for Pre-final (90%) Design Completion
• Assist City in preparation of Front End Documents. Specific documents
requiring ENGINEER time and contribution are listed below:
0 00 21 13 Invitation to Bid and Instruction to Bidders
■ Project specific requirements for statement of experience to
be included with bid.
■ Project specific requirements for what "may" and "will'
disqualify bidders
0 00 30 01 Bid Form
■ Bid items, alternates, and allowances
0 00 45 16 Statement of Experience
■ Project specific requirements for qualifying experience
0 00 73 00 Supplementary Conditions
■ Project specific definitions for milestones and substantial
completion
0 01 11 00 Summary of work
■ Description of project
0 01 23 10 Alternates & Allowances
■ Project specific descriptions of all alternates and allowances
0 01 29 01 Measurement & Basis for Payment
■ Project specific measurement units (dry tons) and basis for
payment
0 01 33 01 Submittal Register
■ Project specific submittals
0 01 35 00 Special Procedures
■ Project specific special procedures regarding milestones
and how they will be measured
o Additionally, in order to be in compliance with the Texas
Engineering Practices Act ENGINEER must supervise the
production of all documents and be made aware of any and all
City Proj. No. 18130A Exhibit"A"
Page 4 of 28
changes to all documents to which the ENGINEER's seal will be
affixed. The ENGINEER must review all front-end documents
before signing and sealing.
o Per Texas Engineering Practice Act and Rules§137.33 (b)"License
holders shall only seal work done by them, performed under their
direct supervision as defined in §131.81 of this title, relating to
Definitions, or shall be standards or general guideline specifications
that they have reviewed and selected. Upon sealing, engineers take
full professional responsibility for that work"
• Design drawings
• Specifications
The 90% documents will be submitted to the City for approval. Upon receipt of the City's
comments on the Pre-final (90%)deliverables, the ENGINEER will revise the set and issue
Final, bid-ready documents, which will include the "front-end" documents, along with the
design drawings and technical specifications.
Scope Item Assumptions:
• The City standard front end (general and supplemental conditions and Division 1
specifications) documentation for inclusion into the contract documents will be
obtained from https://www.cctexas.com/promo/standards-contracts and
provided to the ENGINEER by the CITY for review and approval.
• When possible, ENGINEER will incorporate the plan sheets from previously
prepared for Lagoon 7 dredging, City Project No. E17050 in order to reduce the
level of effort. It is expected that approximately 3 — 4 sheets can be used as a
template.
• The City staff will coordinate with TCEQ or any regulatory authority, as required.
• The City staff will provide comments to the ENGINEER on the drawings and
specifications.
• The City staff will attend the submittal workshops.
• All permitting/plan review fees will be paid by the City.
• It is assumed that there are no known hazardous waste contaminated areas,
wetlands, endangered species, or other environmentally sensitive flora or fauna
which may require additional efforts during design, permitting or construction
management.
• The contractor will be responsible for providing all equipment, materials, labor,
permits, testing, and supervision required to dredge, haul and properly deliver the
residuals to the disposal site.
• The residuals will be disposed of at the Cefe Valenzuela Landfill, 2397 Co. Rd. 20,
Robstown, TX 78380, owned by the City of Corpus Christi (approximately 20 miles
from ONSWTP).
• The Contractor will be responsible for conducting and providing the following
documentation as necessary for the option bid by the Contractor:
■ trip tickets;
City Proj. No. 18130A Exhibit"A"
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■ detailed work plan included in bid;
■ percent total solids tests for each load;
■ paint filter tests for each load at the point of generation (Option A only);
■ TCLP and TPH tests for every 25,000 CY disposed of at the landfill
• The Contractor will NOT be responsible for tipping fees at the Cefe Valenzuela
Landfill.
• Existing contractor staging area near Hearn Rd. will be available to Contractor.
Contractor will be responsible for maintaining the staging area in a condition that is
suitable for their own use and will NOT be responsible for restoring the staging area
to its existing condition.
• Contractor award will be based on lowest responsive and qualified bidder but
quantities on the Bid Form will be for evaluation purposes only. The bid documents
will include hypothetical quantities that help to establish unit costs and to gain an
understanding of the target quantities.
• The total estimated quantity of residuals to be removed is approximately 33,500 DT
for the Base Contract.
Deliverables:
• 90% design review submittal
• One (1) electronic copy word documents
• One pdf electronic copy of entire 90% bid set (plans, specifications, front-end
documents)
• Five sets of bound 8 1/2-inch by 11-inch specifications and five sets of half size (11-
inch by 17-inch) drawings (hard copy)
2.05 QA / QC
ENGINEER will document internal Quality Assurance review comments on the pre-final
(90%) drawing and specifications. ENGINEER will address internal Quality Assurance
review comments.
2.06 Pre-final (90%) Design Workshops
ENGINEER will lead workshops to discuss the drawings and specifications. ENGINEER
will incorporate comments from the City into the Pre-final (90%), and Final Design.
Scope Item Assumptions:
• The City staff will provide comments to the ENGINEER on the drawings and
specifications.
• The City staff will attend the submittal workshops.
Meetings:
City Proj. No. 18130A Exhibit"A"
Page 6 of 28
• One (1) two-hour Pre-final (90%) Design Workshop
3. Bid Phase Services
The ENGINEER will assist the City in development of bid documents including contract
agreement forms, general conditions and supplemental conditions, notice to bidders,
instruction to bidders, insurance, bond requirements, and preparation of other contract
and bid related items. The ENGINEER will develop specifications and drawings to
describe the size and character of the entire project, description of the materials to be
utilized and such other essentials as may be necessary for construction and cost analysis
under this phase.
3.01 Sampling and Bench Testing Coordination & Support
This task will be executed by the City.
3.02 Pre-Bid Workshop
After the bid has been advertised on CivCast but before the bids are received by the City,
the ENGINEER will:
• Attend a Pre-Bid Workshop with the prospective Bidders in order to make Bidders
aware of any unique project components, inform Bidders of the project details,
clarify Bidder or City questions and solicit comments, questions and input from the
City and Bidders.
Scope Item Assumptions:
• The City staff will provide Workshop Agenda.
• The City staff will lead Workshop.
• The City staff will prepare, print, and bring all meeting materials.
• ENGINEER will not be responsible for providing meeting agenda, exhibits, power
point presentation or meeting minutes.
• ENGINEER will not be responsible for supervising sludge sampling before or after
workshop.
Meetings:
• One (1) one-hour Pre-Bid Workshop
• One (1) one-hour site walkthrough with contractors after workshop
City Proj. No. 18130A
Deliverables:
• Pre-Bid Meeting Attendance
3.03 Bidding Coordination
The ENGINEER will:
• Review all questions concerning the bid documents and prepare any revisions to
the plans, specifications and bid forms that may be necessary.
Deliverables:
• (1) hard copy and electronic set of any required addenda for distribution to Bidders
and provide overall support to City during the bid advertisement period.
3.04 Bid Evaluation
The ENGINEER will review all bids received for compliance with the requirements of the
Bid Documents, including addenda. After consultation with City, the ENGINEER will
recommend a Contractor based on this review and knowledge of proposed contractors'
and subcontractors' past performance records.
Scope Item Assumptions:
• This Scope of Services does not include time for the ENGINEER to assist the City
in the event of bid protests.
• The ENGINEER will attend the bid opening and assist with the evaluation of bids
• The ENGINEER will review the Contractor's Statement of Experience and confirm
it meets contract requirements
• For bids over budget, the ENGINEER will confer with City staff and provide and, if
necessary, make such revisions to the bid documents as the City staff deems
necessary to re-advertise the Project for bids.
• The CITY will prepare, review, and provide copies of the Contract for execution
between the City and the Contractor.
Meetings:
• One (1) two-hour bid opening meeting
• One (1) two-hour meeting to discuss bids with the City
4. Construction Phase Services
The intent of the Construction Administration Phase is to assist the City in confirming that
construction of the Project is carried out in accordance with the requirements of the
Contract Documents and to help facilitate and enable the Work to progress in an efficient
City Proj. No. 18130A Exhibit"A"
Page 8 of 28
and cost-effective manner, while maintaining facility operations. The anticipated level of
effort is based on 33,500 DT of residuals being removed in 13 to 15-months of construction
period.
4.01 General Project Administration and Meetings
The ENGINEER will assist the City during the construction phase, by providing the
following:
• Participate in pre-construction meeting conference and provide a recommended
agenda for critical construction activities and elements impacted by the project.
• Conduct monthly progress update meetings with City staff to provide progress
reports to City.
• Provide construction administration, quality control, value engineering support and
coordination. design related services:
Scope Item Assumptions:
• ENGINEER will not be responsible for the means, methods, techniques, sequences
or procedures of construction selected by the Contractor(s) (except as otherwise
specified in the Contract Documents) or the safety precautions and programs
incident to the Work of the Contractor(s).
• ENGINEER to provide regular construction administration and site visits to ensure
conformance with design.
• The City will process applications/estimates for payments to Contractor.
ENGINEER will review the payment applications prior to releasing payment to the
Contractor.
Meetings:
• One (1) two-hour meeting pre-construction conference with the City
• Fifteen (15) one-hour monthly progress meeting
Deliverables:
• Recommended Agenda for critical construction activities
• Meeting Minutes and sign-in sheet.
4.02 Review Submittals
The ENGINEER will:
• Receive, log and distribute for review and approval the submittals, shop drawings,
samples, test results, operations and maintenance manuals, and other data that
Contractor is required to submit. The ENGINEER will also evaluate the Contractor's
request for substitutions.
City Proj. No. 18130A Exhibit"A"
Page 9 of 28
• Distribute and file the submittals after review action has been taken. The
ENGINEER will follow-up to verify that revisions are made and resubmitted as
required and will verify that such required submittals are received and approved
prior to installation or payment for the materials covered.
• Review the schedule of shop drawing submissions and schedule of values prepared
by Contractor and will discuss status of the submittals at construction progress
meetings. The ENGINEER will be responsible for completing the submittal reviews
within 15 business days and for monitoring the status and timeliness of responses.
• Maintain a submittal log showing dates of submittal, transmittal action to other sub-
consultants, dates of return and review action.
Deliverables:
• Updated Submittals Log
• Reviewed Submittals with Submittal Status
4.03 Issue Interpretations and Clarifications (RFI's)
The ENGINEER will:
• Act as a point of contact for interpretation of the requirements of the Contract
Documents and judge of the acceptability of the work based on the requirements
shown or specified.
• Respond to Requests for Information (RFI) within five (5) business days and for
monitoring the status and timeliness of responses.
• Maintain an RFI log showing dates of submittal, transmittal action to other sub-
consultants, dates of return, and a summary of the response.
Deliverables:
• Updated RFI Log
• RFI Responses
• Contractor or City-Requested Change Reviews as necessary
• Contract Document Interpretations and Clarifications as necessary
City Proj. No. 18130A Exhibit"A"
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4.04 Site Visits
The ENGINEER will conduct regular visits to the site (at least one (1) per month) to
familiarize themselves with the status of work, make spot checks of work-in-progress,
verify conformance with the design intent, and conduct detailed coordination of
construction issues. During site visits the ENGINEER will verify quantities and
characteristics of residuals being dredged and dewatered along with moisture content of
the solids at various stages of dewatering and residuals levels in the pre-sed basin based
on Contractor daily logs in order to track and provide the data to the City monthly. A total
of fifteen (15) site visits are anticipated for the duration of construction.
4.05 Change Orders
ENGINEER will review cost and time estimates for change orders and for Contractor's
claims for additional cost or compensation due to differing site conditions, force majeure,
material or equipment shortages, or other causes in order to determine whether they are
justified under the Contract. The ENGINEER will also provide an estimate of the additional
Design Consultant costs (if any) that would be incurred as a result of the change order.
4.06 Substantial Completion/Final Acceptance Inspection
Following notice from the Contractor, the ENGINEER and other Project Team members
will conduct an inspection to determine if the Project is substantially complete in
accordance with the construction documents. If the ENGINEER considers the work
substantially complete, then the ENGINEER will deliver to City and the Contractor a
Certificate of Substantial Completion and a list of observed items requiring completion or
correction (punch list), date for completion for the punch list, and recommendation for
division of responsibilities between the City and the Contractor.
Project Team members will conduct a final inspection to determine if the finished Work
has been completed to the standard required by the Contract Documents and that
Contractor has fulfilled its obligations as required. A final list of items to be completed or
corrected in accordance with the requirements of the construction documents will be
prepared and submitted to the Contractor.
After the Contractor has completed the work of the final punch list and upon written notice
from the Contractor, the ENGINEER will review and determine that items on the final list
have been completed or corrected and make recommendations to the City concerning
acceptance and final payment.
Scope Item Assumptions:
• ENGINEER will maintain the punch-list of final construction items.
• The City will conduct the final inspection with the Engineer.
City Proj. No. 18130A Exhibit"A"
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Meetings:
• N/A
Deliverables:
• Substantial Completion Recommendation
• Substantial Completion Punch List
• Final Completion Recommendation
• Final Completion Punch List
4.07 Residuals Survey
The ENGINEER will estimate the level of residuals at an average distance of 200-feet in
the Pre-sedimentation basin to estimate the level of solids. This level would be used to
generate a topographic surface to quantify the solids. The survey described here is for
post-construction "as-built" conditions to verify quantity removed and resulting residual
levels. The pre-construction "existing conditions" survey to verify existing conditions and
provide accurate information to Bidders is not included in this scope.
The residuals survey generally consists of the following tasks:
• Establish control using existing on-site control points
• Survey existing water surface elevation (WSE) in pre-sedimentation basin
• Perform boat based residual survey
o Probe below water surface several feet into existing residuals blanket with
Sludge Judge® to obtain sludge sample. The sample obtained is similar
to a typical undisturbed core sample obtained by a Shelby tube or split
spoon sampler common in geotechnical engineering.
o Record total depth below water surface of Sludge Judge® insertion
o Record horizontal (X and Y) coordinates of location of residuals sample
and unique data point identification (ID).
o Retract Sludge Judge® and measure and record total depth of residuals
column in sample collected.
o Release sample (unless sample retention is needed for analysis) and rinse
Sludge Judge®.
o Move boat to next sample location and repeat the process for each sample
and survey point.
• Top of residual elevation (Z coordinate) is then calculated as WSE—Total insertion
depth + Depth of residual column in sample.
• The top of residual elevation is then added to each unique data point ID in CADD
software to develop a top of residual surface for the entire lagoon or pre-
sedimentation basin.
Deliverables:
• Final residual exhibits showing plan and section views of post construction (as-built)
conditions.
City Proj. No. 18130A Exhibit"A"
Page 12 of 28
4.08 Residual Quantities Tracking and Verification
This task will help in tracking the project progress and residual removal rates. The
ENGINEER will provide the following services.
• Track program progress, expenditures and available program funds by compiling
Contractor pay requests and residual removal quantities from contractor daily logs
and will provide the data to the City monthly.
• Track and tabulate daily percent solids testing and landfill tickets to calculate total
Contractor production.
• Review percent solids lab test results for consistency and accuracy. Coordinate
with City, Contractor and third party lab in case of discrepancies to remedy the
discrepancy.
• Provide regular updates to the City on funds allocated and funds remaining.
• Coordinate with City staff on any required changes throughout the duration of the
project as directed by the City.
• Track Contractor compliance with stated, project specific, project milestones.
• This scope of work assumes that there will be no option for Contract Renewal to
substantially increase total contract DT quantity.
• The Pay Request verification services described above and included in this
amendment are based on one contract term for removal of approximately 33,500
DT of solids and of a duration not to exceed 15 months. This scope of work is
dependent on receiving weekly scale reports from Cefe Valenzuela staff. This
scope of work is also dependent on Contractor providing weekly composite percent
solids lab results and daily logs. The Contractor daily logs should include dredging
progress, quantities and characteristics of residuals dredged and dewatered,
moisture content of the solids (dredged and after dewatering), residuals level,
average residual removal rate, and dewatering rates.
City Proj. No. 18130A Exhibit"A"
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PART B - SOLIDS COLLECTION SYSTEM REPLACEMENT
1. Preliminary Design Services
1.01 Project Progress Meetings and Minutes
ENGINEER will coordinate the kick-off meeting and regular progress meetings. These
meetings shall be used to coordinate ongoing issues, discuss project status and obtain
input from the City. ENGINEER will prepare meeting minutes and will finalize and
distribute after review by the City's staff.
Scope Item Assumptions:
• Meetings will be held at the Corpus Christi Utilities building or ONSWTP.
• Utilities and Engineering Services Staff will attend progress meetings.
• ENGINEER's staff working on the project remotely will dial in by phone as
necessary
Meetings:
• One (1) two-hour kickoff meeting
• Four (4)two-hour progress meetings (monthly) with utility and engineering services
staff
Deliverables:
• Meeting Minutes and sign-in sheet
1.02 Project Coordination
ENGINEER will coordinate the work of all subconsultants, including the leading of
meetings with subconsultants to coordinate completion of work and adherence to
schedules. The ENGINEER will coordinate with the City's utilities staff for data requests
and operations questions. The ENGINEER will coordinate with Engineering Services
regarding historical document and drawings requests. The ENGINEER will coordinate
with other on-going projects at ONSWTP that have overlapping project drivers.
Scope Item Assumptions:
• The City staff will provide historical documents, drawings, utility maps, and data as
requested.
• The City staff will participate in coordination meetings with multiple on-going
projects at ONSWTP.
Meetings:
City Proj. No. 18130A Exhibit"A"
Page 14 of 28
• Project coordination meetings will be included as part of progress meetings in Task
1.01
Deliverables:
• Meeting minutes
1.03 Detailed Project Schedule and Updates
ENGINEER will prepare a project schedule that summarizes all of the major tasks of the
project and the critical path of the project. ENGINEER will update the project schedule
monthly as the project progresses or changes occur.
Scope Item Assumptions:
• The City staff will provide feedback on project schedule.
Meetings:
• Included under Subtask 1.01 Project Progress Meetings and Minutes.
Deliverables:
• One (1) project schedule at the kickoff meeting
• Updated project schedule monthly
1.04 Site Survey and Coordination
ENGINEER will review historical drawings. The ENGINEER will also identify aboveground
and underground utilities to identify easements and conflicts.
Scope Item Assumptions:
• The City staff will provide existing plan drawings or site survey AutoCAD file to
ENGINEER.
• No survey field services are included
Meetings:
Included under Subtask 1.01 Project Progress Meetings and Minutes.
Deliverables:
N/A
City Proj. No. 18130A Exhibit"A"
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1.05 Preliminary Design
ENGINEER will further develop the assumptions from the Alternatives Assessment to 30%
level of design for the selected alternative, refining the site layouts and operating
parameters. Design documents and list of specifications will be prepared and submitted
to the City with certain disciplines advanced beyond others, but overall 30% completion.
ENGINEER will prepare preliminary process, mechanical, structural, electrical, and
instrumentation and control drawings and present them in a preliminary engineering
report. The Preliminary Engineering report will include the following:
• Description of the final process, modifications to existing facilities, and the
major equipment functions. Unit sizing, unit quantities, and redundancy will be
addressed. The unit and equipment sizing will be based on design criteria
presented in the Alternatives Assessment Memorandum.
• Process schematics and description of proposed solids collection system.
• General facility arrangement layout drawings. These drawings will present area
requirements for process equipment and support areas.
• General site plan presenting the arrangement of the new equipment on site.
• Description of construction for the structures that will house the new
equipment. Sketches presenting the facility elevations will also be included.
• Construction sequencing and connections to existing facilities.
• Overall process control strategy.
• Preliminary instrumentation block diagram drawing presenting the general
instrumentation system controls.
• Description of the interface between the existing instrumentation system and
the proposed facilities, along with upgrades to the existing SCADA.
• Estimate of construction costs corresponding to 30% design completion.
• Schedule for permitting, final design, bidding and award, construction, and
start-up.
Scope Item Assumptions:
• The City staff will provide feedback to the ENGINEER on the Preliminary
Engineering Report and 30% design plans and specifications.
Meetings:
• Included in task 1.07.
Deliverables:
• Preliminary Engineering Report and 30% design drawings (PDF) and list of
specifications (PDF).
• Opinion of probable construction costs
• Project schedule
City Proj. No. 18130A Exhibit"A"
Page 16 of 28
1.06 QA / QC
ENGINEER will document internal Quality Assurance review comments on the conceptual
design layout drawings and specifications and Preliminary Engineering Report.
ENGINEER will address internal Quality Assurance review comments.
Scope Item Assumptions:
• The ENGINEER will provide a quality assurance review of preliminary engineering
report.
Meetings:
N/A
Deliverables:
Included in 1.07 Preliminary Design
1.07 Preliminary Design Report Workshop
ENGINEER will prepare a MS PowerPoint presentation for the Conceptual Design
Workshop.
ENGINEER will lead Preliminary Design Workshop to discuss the Preliminary Engineering
Report. ENGINEER will incorporate comments from the City into the final Preliminary
Engineering Report, as detailed in 1.05 Preliminary Design.
Scope Item Assumptions:
• The City staff will provide comments to the ENGINEER on the Preliminary
Engineering Report.
• The City staff will attend the Preliminary Design Submittal Workshop.
Meetings:
• One (1) four-hour Preliminary Design Client Review Workshop
Deliverables:
• PowerPoint presentation for the Preliminary Design Submittal Workshop
2. Detailed Design Services
City Proj. No. 18130A Exhibit"A"
Page 17 of 28
2.01 Project Progress Meetings and Minutes
ENGINEER will coordinate regular progress meetings. These meetings shall be used to
coordinate ongoing issues, discuss project status and obtain input from the City.
ENGINEER will prepare meeting minutes and will finalize and distribute after review by
the City's staff.
Scope Item Assumptions:
• Meetings will be held at the Corpus Christi Utilities building or ONSWTP.
• Utilities and Engineering Services Staff will attend progress meetings.
• ENGINEER's staff working on the project remotely will dial in by phone as
necessary.
Meetings:
• Six (6) two-hour progress meetings (monthly) with Utility and Engineering Services
staff
Deliverables:
• Meeting Minutes and sign-in sheet.
2.02 Project Coordination
ENGINEER will coordinate the work of all subconsultants, including the leading of
meetings with subconsultants to coordinate completion of work and adherence to
schedules. The ENGINEER will coordinate with the City's utilities staff for data requests
and operations questions. The ENGINEER will coordinate with Engineering Services
regarding historical document and drawings requests. The ENGINEER will coordinate
with other on-going projects at ONSWTP that have overlapping project drivers.
Scope Item Assumptions:
• The City staff will participate in coordination meetings with multiple on-going
projects at ONSWTP.
Meetings:
• Project coordination will be discussed at monthly progress meetings as described
in Task 2.01.
Deliverables:
• Meeting Minutes
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Page 18 of 28
2.03 Detailed Project Schedule and Updates
ENGINEER will prepare a project schedule that summarizes all of the major tasks of the
project and the critical path of the project. ENGINEER will update the project schedule as
the project progresses or changes occur (estimated monthly).
Scope Item Assumptions:
• The City staff will provide feedback on project schedule.
Meetings:
Included under Subtask 2.01 Project Progress Meetings and Minutes.
Deliverables:
• Revised project schedule
2.04 60%, Pre-final (90%), and Final (100%) Design
Upon authorization by the City, the ENGINEER will perform the final design of the new
solids collection system. The design will involve development of a set of contract
documents, which will include construction plans, details, specifications, and other
documents to establish and depict the size, character, and extent of the entire project with
respect to structural, site work, mechanical, instrumentation and electrical systems, and
such other elements as may be appropriate.
All of the contract plans will be prepared using the latest version of AutoCAD. As part of
the final design, the ENGINEER will develop contractual conditions and instructions to
bidders and will also update the project cost estimates and construction schedule, to
reflect the level of design completion.
As part of preparing the final design, the ENGINEER will conduct an internal
constructability review. This review will focus on the ease with which the system can be
constructed at the selected site, be integrated with existing facilities, and avoid
interferences and other obstacles that could cause construction delays or difficulties. The
ability to maintain existing facilities in service throughout construction will also be
examined as part of the constructability review.
Design documents will be submitted to the City at various stages during final design. The
following deliverables have been established for final design, which will be provided at the
60% and 90% design completion points, respectively:
Deliverables for 60% Design Completion
• Updated mechanical plans and specifications
City Proj. No. 18130A Exhibit"A"
Page 19 of 28
• Plans, Sections and details for all disciplines
• Updated cost estimate and schedule
Deliverables for 90% Design Completion
• Updated Plans, Sections and details for all disciplines
• Complete specifications
• Updated cost estimate and schedule
The 90% documents will be submitted to the City for approval. Upon receipt of the City's
comments on the Pre-final (90%)deliverables, the ENGINEER will revise the set and issue
Final, bid-ready (100% complete) documents, which will include the "front-end"
documents, along with the design drawings and technical specifications.
Scope Item Assumptions:
• The City standard front end (general and supplemental conditions and Division 1
specifications) documentation for inclusion into the contract documents will be
obtained from https://www.cctexas.com/promo/standards-contracts
• The City staff will provide comments to the ENGINEER on the drawings and
specifications.
• It is anticipated that the City will competitively bid the solids collection system under
the construction project and enter into an agreement with an outside Construction
Contractor to complete the work (no vendor pre-selection).
• All permitting/plan review fees will be paid by the City.
• It is assumed that there are no known hazardous waste contaminated areas,
wetlands, endangered species, or other environmentally sensitive flora or fauna
which may require additional efforts during design, permitting or construction
management.
• Design drawings will be prepared using 2D AutoCAD 2019
Meetings:
Included under subtask 2.06.
Deliverables:
• 60% design review submittal
• 90% design review submittal
• One (1) electronic copy of CAD files and word documents
• One pdf electronic copy of entire bid set
• Five sets of bound 8 1/2-inch by 11-inch specifications and five sets of half size (11-
inch by 17-inch) drawings (hard copy)
2.05 QA / QC
City Proj. No. 18130A Exhibit"A"
Page 20 of 28
ENGINEER will document internal Quality Assurance review comments on the 60% and
pre-final (90%) drawing and specifications. ENGINEER will address internal Quality
Assurance review comments.
Scope Item Assumptions:
• The ENGINEER will provide a quality assurance review of all drawings and
specifications.
Meetings:
N/A
Deliverables:
Included in 2.04 60%, Pre-final (90%), and Final (100%) Design
2.06 60%, Pre-final (90%) and Final (100%) Design Workshops
ENGINEER will prepare a MS PowerPoint presentation for the 60%, Pre-final (90%), and
Final (100%) Design workshops.
ENGINEER will lead workshops to discuss the drawings and specifications. ENGINEER
will incorporate comments from the City into the 60%, Pre-final (90%), and Final (100%)
Design.
Scope Item Assumptions:
• The City staff will provide comments to the ENGINEER on the drawings and
specifications.
• The City staff will attend the submittal workshops.
Meetings:
• One (1) two-hour 60% Design Client Review Workshop
• One (1) two-hour Pre-final (90%) Design Workshop
• One (1) two-hour Final (100%) Design Workshop
Deliverables:
• PowerPoint presentation for each of the Workshops
2.07 Permitting and Agency Coordination
ENGINEER will meet with City Staff to discuss existing TCEQ permitting requirements. As
needed, the ENGINEER will perform the following
City Proj. No. 18130A Exhibit"A"
Page 21 of 28
• Prepare letter and design submittal package to TCEQ providing notification for the
recommended improvements to be performed for the solids collection system.
• Coordinate with the City and different regulatory agencies, as required, to obtain
any permits for construction of the project.
• Attend phone calls or in-person meetings with TCEQ to confirm regulatory
requirements and present proposed improvements.
• Address comments from TCEQ and adjust design documents as required.
Scope Item Assumptions:
• The City staff will provide information regarding permitting as needed.
Meetings:
• Up to two (2)one-hour conference calls with TCEQ to discuss permitting and project
requirements
3. Bid Phase Services
The ENGINEER will assist the City in developing bid documents including contract
agreement forms, general conditions and supplemental conditions, notice to bidders,
instruction to bidders, insurance, bond requirements, and preparation of other contract
and bid related items. The ENGINEER will develop specifications and drawings to
describe the size and character of the entire project, description of the materials to be
utilized and such other essentials as may be necessary for construction and cost analysis.
The ENGINEER will assist the City during the bid period by performing the following tasks:
• Participate in the pre-bid conference to discuss scope of work and to answer
scope questions
• Review all questions concerning the bid documents and prepare any revisions
to the plans, specifications and bid forms that may be necessary.
• Attend bid opening and assist with the evaluation of bids.
• Assist with the review of the Contractor's Statement of Experience and confirm
it meets Contract requirements.
• For bids over budget, the ENGINEER will confer with City staff and provide
and, if necessary, make such revisions to the bid documents as the City staff
deems necessary to re-advertise the Project for bids.
Scope Item Assumptions:
• The City will designate an individual to have responsibility, authority and control for
coordinating activities for the construction contract award.
• The City will provide the City's updated standard specifications, standard detail
sheets, standard and special provisions and forms for required bid documents.
City Proj. No. 18130A Exhibit"A"
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• The City will arrange for all documents and addenda to be distributed to prospective
bidders.
• The City will advertise the projects for bidding, maintain the list of prospective
bidders, receive and process deposits for all bid documents, issue (with assistance
of Engineer) any addenda, prepare and supply bid tabulation forms, and conduct
bid opening.
• The City will receive the ENGINEER's recommendation concerning bid evaluation
and prepare agenda materials for the City Council concerning bid awards.
• The City will prepare, review, and provide copies of the contract for execution
between the City and the Contractor.
• This Scope of Services does not include time for the ENGINEER to assist the City
in the event of bid protests.
Meetings:
• One (1) two-hour Pre-bid Meeting
• One (1) two-hour bid opening meeting
• One (1) two-hour meeting to discuss bids with the City
Deliverables:
• Two (2) hard copy sets and one (1) electronic set of conformed drawings and
conformed Contract Documents (pdf and original [CAD/word/etc.]) to the City.
4. Construction Phase Services
4.01 Engineering Services During Construction
The ENGINEER will assist the City during the construction phase, by providing the
following design related services:
• General construction administration.
• Attend site visits by the Project Manager and/or appropriate Technical
Specialist for participation at monthly progress meetings and inspection of
construction.
• Review and approve shop drawings and maintain the shop drawing log.
• Provide interpretations and clarifications of the contract documents based on
the contractor's requests for information (RFIs) and authorize required
changes, which do not affect the contractor's price and are not contrary to the
general interest of the City under the contract. Engineer's effort is based on
review of one RFI per sheet of the Contract Documents
• Review contractor pricing for change order requests.
• Prepare supplementary work drawings, specifications, and instructions or
meetings, as necessary to interpret and resolve encountered field conditions.
City Proj. No. 18130A Exhibit"A"
Page 23 of 28
• Manage and review the O&M Manual deliverables required by construction
contracts and by equipment suppliers.
• Manage and review the Contractor's requirement of providing electronic record
drawings.
• Make regular visits to the project site to confer with the City project inspector
and contractor to observe the general progress and quality of work, and to
determine, in general, if the work is being done in accordance with the contract
documents. This will not be confused with the project representative
observation (from the City) or continuous monitoring of the progress of
construction.
• Make final inspections with City Staff and provide the City with a certificate of
completion for the project.
• As applicable, review and assure compliance with plans and specifications the
preparation of operating and maintenance manuals (by the Contractor) for all
equipment installed on this project.
• Review construction "red-line" drawings, prepare record drawings of the
Project as constructed (from the "red-line" drawings, inspections and the
Contractor provided plans) and deliver to Engineering Services a reproducible
set and electronic file (AutoCAD r.18 or later) of the record drawings within two
(2) months of final acceptance of the project. All drawings will be CADD drawn
using dwg format in AutoCAD, and graphics data will be provided in ASCII
format in tabular form. All electronic data will be compatible with the City GIS
system.
The ENGINEER will also assist the City by observing work progress, quality, and
compliance with contract documents. In performing these services, the ENGINEER would
conduct a final inspection of work with City personnel, to evaluate punch-lists of the work
remaining to be completed, provide final inspection of the completed punch-list items, and
recommend the release of retained funds, as appropriate.
Scope Item Assumptions:
• City to arrange for a site inspector for continuous monitoring of the progress of
construction.
• ENGINEER to provide regular construction administration and site visits to ensure
conformance with design.
• Up to two days for ENGINEER to attend factory witness testing visit to verify
fabrication and performance of the solids collector system.
• The City will process applications/estimates for payments to Contractor. The
ENGINEER will review the payment applications prior to releasing payment to the
Contractor.
• The City will assist with the integration of the control systems with input from the
ENGINEER.
• The ENGINEER will maintain the punch-list of final construction items.
• The City will conduct the final inspection with the Engineer.
City Proj. No. 18130A Exhibit"A"
Page 24 of 28
Meetings:
• One (1) two-hour pre-construction meeting
• Eight (8) four-hour site visits for specialty discipline inspections
• Eight (8) one-hour monthly progress meetings (can be held on same day as
discipline site visits)
• Two (2) two-hour punch list walkthrough meetings
Deliverables:
• RFIs
• Change orders (as needed)
• Shop Drawing reviews
• Record Drawings
4.02 Start-up Services
The ENGINEER shall monitor startup activities and participate during the startup phase of
the project. Participation shall include the following:
The Engineer will perform the following:
• Assist the City in start-up testing and equipment troubleshooting of the new
solids collection system. Two staff will be available for up to two days of start-
up assistance.
• Compile the operations and maintenance manuals for the City and confirm
operation and maintenance requirements.
• Review of as-built documentation prior to startup.
Scope Item Assumptions:
• Contractor is responsible for preparing, testing, calibrating, and cleaning equipment
prior to start-up as detailed in the project specifications.
• Contractor to prepare start-up checklist
• Engineer to maintain start-up checklist
• One (1) start-up phase included in construction contract
Meetings:
• Two (2) eight-hour site visits for two staff to assist in start-up, calibration, testing,
and troubleshooting of solids collection system
Deliverables:
City Proj. No. 18130A Exhibit"A"
Page 25 of 28
• Compiled Operations and Maintenance Manuals
• Start-up Checklist
4.03 SCADA & Controls Integration
The ENGINEER shall provide assistance to the City and the Contractor to ensure the
appropriate control strategies are functioning properly prior to commissioning the solids
collection system. The Engineer will perform the following:
• Assist the City in developing the control strategy and assist ONSWTP staff with
system integration. The control strategy will build on the existing monitoring
and control logic at the ONSWTP.
• Assist the City in preparing a PLC cutover checklist.
• Signal loop testing including electrical and instrumentation terminations.
• Coordination of new signals with existing SCADA system.
• Process tuning during startup.
Scope Item Assumptions:
• Integration to be performed by others
Meetings:
• Two (8) eight-hour site visits to test and/or troubleshoot control strategies, signals,
and SCADA operations
Deliverables:
• Control strategy specification
City Proj. No. 18130A Exhibit"A"
Page 26 of 28
SCHEDULE
The following figure summarizes the planned project schedule. The following proposed schedule
is provided to delineate the critical path tasks.
PART A— Pre-Sedimentation Basin Dredging
Date Activity
Large AE Contract Approval/NTP
3 Months after NTP 90% Design Completion
4 Months after NTP Receive City Comments
5 Months after NTP FINAL Design Completion
7.5 Months after NTP Bid and Award
10 Months after NTP Mobilization
24 Months after NTP Pre-sedimentation Basin Dredging Completion
25 Months after NTP Demobilization & Project Completion
PART B —Solids Collector Replacement
Date Activity
A/E Contract NTP
3 Months after NTP Sedimentation Basins Preliminary Design
6 Months after NTP Sedimentation Basins 60% Submittal
10 Months after NTP Sedimentation Basins 90% Submittal
12 Months after NTP Sedimentation Basins 100% Submittal
13 Months after NTP Construction Package Advertising
14 Months after NTP Construction Package Bid Opening
16 Months after NTP Construction NTP
25 Months after NTP Sedimentation Basins Construction Activity
27 Months after NTP Demobilization & Project Completion
City Proj. No. 18130A Exhibit"A"
Page 27 of 28
FEE
Services will be provided on a Lump Sum basis for a total not-to-exceed contract amount of
$862,388 for the following two Parts:
• Part A— Pre-Sedimentation Basin Dredging: $190,853
• Part B —Solids Collection System: $671,535
Invoices will be submitted to the City on a monthly basis as a percentage complete based on
project progress. Invoices will be provided with a cover letter summarizing the actions and
meetings performed during the invoice period.
If you have any questions or if you would like to discuss in more detail, please feel free to call me
at 469-250-3781.
Sincerely,
Hazen and Sawyer
TBPE Firm No. F-13618
Chamindra Dassanayake, Ph.D, P.E. Evan Ged, PE
Vice President Principal Engineer
Southwest Regional Manager
City Proj. No. 18130A Exhibit"A"
Page 28 of 28
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EXHIBIT A-1
SUMMARY OF FEES
Page 1 of 1
EXHIBIT C
Insurance Requirements
1.1 Consultant must not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultant must not allow any subcontractor to commence work until all similar insurance
required of any subcontractor has been obtained.
1 .2 Consultant must furnish to the Director of Contracts and Procurement with the
signed agreement a copy of Certificates of Insurance (COI) with applicable policy
endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies, and a waiver of
subrogation is required on all applicable policies. Endorsements must be
provided with COI. Project name and or number must be listed in Description
Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-written day notice of cancellation, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
Commercial General Liability including: $1 ,000,000 Per Occurrence
1 . Commercial Broad Form $2,000,000 Aggregate
2. Premises — Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $500,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
PROFESSIONAL LIABILITY $1 ,000,000 Per Claim
(Errors and Omissions)
If claims made policy, retro date must be
prior to inception of agreement, have
extended reporting period provisions
1 Rev 09/19
and identify any limitations regarding
who is insured.
1 .3 In the event of accidents of any kind related to this agreement, Consultant must
furnish the City with copies of all reports of any accidents within 10 days of the accident.
1 .4 Consultant shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Consultant's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business in
the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is
required to provide City with renewal Certificates.
1 .5 In the event of a change in insurance coverage, Consultant shall be required to
submit a copy of the replacement certificate of insurance to City at the address provided
below within 10 business days of said change. Consultant shall pay any costs resulting
from said changes. All notices under this Article shall be given to City at the following
address:
City of Corpus Christi
Attn: Contracts and Procurement
P.O. Box 9277
Corpus Christi, TX 78469-9277
1 .6 Consultant agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
1 .6.1 List the City and its officers, officials, employees and elected
representatives as additional insured by endorsement, as respects
operations, completed operation and activities of, or on behalf of, the named
insured performed under contract with the City with the exception of the
professional liability/Errors & Omissions policy;
1 .6.2 Provide for an endorsement that the "other insurance" clause shall not apply
to the City of Corpus Christi where the City is an additional insured shown
on the policy;
1 .6.3 If the policy is cancelled, other than for nonpayment of premium, notice of
such cancellation will be provided at least 30 days in advance of the
cancellation effective date to the certificate holder;
1 .6.4 If the policy is cancelled for nonpayment of premium, notice of such
cancellation will be provided within 10 days of the cancellation effective
date to the certificate holder.
1 .7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
2 Rev 09/19
coverage, Consultant shall notify City of such lapse in coverage and provide a
replacement Certificate of Insurance and applicable endorsements to City. City shall have
the option to suspend Consultant's performance should there be a lapse in coverage at
any time during this contract. Failure to provide and to maintain the required insurance
shall constitute a material breach of this contract.
1 .8 In addition to any other remedies the City may have upon Consultant's failure to
provide and maintain any insurance or policy endorsements to the extent and within the
time herein required, the City shall have the right to withhold any payment(s) if any, which
become due to Consultant hereunder until Consultant demonstrates compliance with the
requirements hereof.
1 .9 Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractor's performance of the work
covered under this agreement.
1 .10 It is agreed that Consultant's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City of Corpus
Christi for liability arising out of operations under this agreement.
1 .11 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
3 Rev 09/19
Exhibit C
SUPPLIER NUMBER
TO BE ASSIGNED BY CITE
PURCHASING DIVISION
tir►rr�
City of CITY OF CORPUS CHRISTI
Corpus DISCLOSURE OF INTEREST
Christi
City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking to do business
with the City to provide the following information. Every question must be answered. If the question is
not applicaf�le, answer with "NA". See reverse side for Filing Requirements, Certifications and
definitions.
COMPANY NAME: Hazen and Sawyer,DPC
P. O.BOX: NA
STREET ADDRESS: 500 N.Shoreline Blvd.Ste.1102 CITY: Corpus Christi ZIP: 78401
FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other
DISCLOSURE QUESTIONS
If additional space is necessary,please use the reverse side of this page or attach separate sheet.
1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named"firm."
Name Job Title and City Department(if known)
N/A
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named"firm."
Name Title
N/A
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named"firm."
Name Board, Commission or Committee
N/A
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who
worked on any matter related to the subject of this contract and has an "ownership interest"
constituting 3% or more of the ownership in the above named"firm."
Name Consultant
N/A
EXHIBIT "D"
Page 1 of 2
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the action
will have on members of the public in general or a substantial segment thereof,you shall disclose that fact
in a signed writing to the City official, employee or body that has been requested to act in the matter,
unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be
made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement,that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be
promptly submitted to the City of Corpus Christi,Texas as changes occur.
Certifying Person: Chamindra Dassanayake,PhD,PE Title: Vice President
(Type or Print)
Signature of Certifying Date:
Person: January 15,2020
DEFINITIONS
a. `Board member." A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi,Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-
time basis,but not as an independent contractor.
d. "Firm." Any entity operated for economic gain,whether professional,industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint
stock company,joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of
Corpus Christi,Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
"Constructively held" refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements.,,
g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
EXHIBIT "D"
Page 2 of 2
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AGENDA MEMORANDUM
WoRPORPg4
1852 Action Item for the City Council Meeting April 21, 2020
DATE: April 10, 2020
TO: Peter Zanoni, City Manager
FROM: Heather Hurlbert, Director of Finance and Business Analysis
Heatherh3Ca)-cctexas.com
(361) 826-3227
Application for Financial Assistance from the Texas Water Development Board
CAPTION:
Resolution requesting financial assistance from the Texas Water Development Board for design
and construction of a Seawater Desalination Facility within the Inner Harbor ; authorizing City staff
to submit an application to the Texas Water Development Board for funding from its State Water
Implementation Fund for Texas loan program; and other matters in connection therewith.
SUMMARY:
The City of Corpus Christi would like to apply for funding through the State Water Implementation
Fund for Texas (SWIFT) loan program in an amount not to exceed $222,475,000 from the Texas
Water Development Board (TWDB) to fund the design and construction of a Seawater
Desalination Facility within the Inner Harbor.
BACKGROUND AND FINDINGS:
Despite the COVID-19 pandemic, all known water demand projects remain on schedule. The City
continues moving forward to meet the Coastal Bend region's growing water needs with a drought-
resistant water supply from a seawater desalination facility.
On February 6, 2020 the City submitted an abridged loan application to the TWDB for the design
and construction of a Seawater Desalination Facility within the Inner Harbor. The abridged loan
application in the amount of $222,475,000 was the first step in the process of applying for the
SWIFT loan program.
The SWIFT loan program was created by the Texas Legislature to provide affordable, ongoing
state financial assistance for projects in the state water plan. The program helps communities
develop cost-effective water supplies by providing low-interest loans, extended repayment terms,
deferral of loan repayments, and incremental repurchase terms. Through fiscal year 2019, SWIFT
committed over $8.3 billion for projects across Texas. To apply for funding, entities must first
submit an abridged loan application for their projects to be evaluated. The projects are ranked
and the top projects that are within the limits of available funding are invited to submit a full
application. Once the full application is evaluated and approved, TWDB offers financing through
the loan program. The interest rate charged by the TWDB is based on the TWDB's cost of funds
sold with the State of Texas' General Obligation AAA rating. The lending rate balances
reasonable rates for TWDB customers that cover TWDB's cost of funds and risk exposure.
Utilization of the TWDB funding option is being recommended especially since we are in an
environment where interest rates are expected to rise, and the interest rate that will be charged
for these obligations is based on a AAA rating —which is a higher rating than the City's AA-/Aa3
rating for its utility priority lien bonds and A+/A1 for the City's junior lien utility bonds — resulting in
a lower interest rate.
By submitting the application, the City represents that it is ready and able to move forward with
the project and with issuing the debt to secure the loan. If after the application is approved the
City decides to not move forward with the project, the City is able to withdraw the project and any
related funding commitments up until the Financing Agreement with the TWBD is executed prior
to issuing the debt to secure the loan.
On April 9, 2020, the Texas Water Development Board approved the City's abridged loan
application and invited the City to submit their full loan application due by May 11, 2020 which is
the second step in the process City staff has been working to complete all the required
documentation for the application prior to the invitation to apply due to the extensive amount of
information required to complete the applications. This resolution is one of the requirements in
applying for financial assistance from the TWDB.
Once the application is considered by the TWDB for the loan program, the final step in the process
is for the City to sign a Financing Agreement with the TWDB for the loan, and then City Council
will consider an ordinance to issue debt to collateralize the loan. The debt sale will be a private
placement with TWDB and the debt will be issued at a lower interest rate than the City could
receive if the debt was sold on the open market. The City anticipates issuing the debt in the fall
of 2020.
ALTERNATIVES:
The alternative to applying for the SWIFT loan would be to secure funding other than the funding
options offered through the SWIFT loan program. If we do not apply for the SWIFT loan program,
even with the low interest rates we are experiencing at the present time, the City would not realize
the low rates offered by the TWDB through the SWIFT loan program. As a result, the City would
pay a higher rate of interest to fund the design and construction of the seawater desalination
facility which could negatively affect utility rates.
FISCAL IMPACT:
If the City applies for the loan and the TWDB awards the loan to the City, the fiscal impact could
be up to a 30% reduction in interest rates as compared to traditional financing methods. The
application requests the funding from TWDB over a two-year period. The first year's funding is
for the design of the plant, and the second year's funding is for the construction of the plant. The
City plans on issuing 30-year debt with level debt service amounts to secure the two loan
amounts. Through the loan program, the City will sell the debt by private placement with TWDB
and the debt will be issued at a lower interest rate than the City could receive if the debt was sold
on the open market. The debt service will be paid primarily with revenue collected from the
Drought Exemption Surcharge fee (66% of debt service) and the remainder through capacity
created by existing debt being paid in full and customer utility rate revenue.
Funding Detail:
Fund: Not Applicable
Organization/Activity:
Mission Element:
Project # (CIP Only):
Account:
RECOMMENDATION:
Staff recommends approval of the resolution to submit an application to TWDB for funding of a
Seawater Desalination Facility within the Inner Harbor through the SWIFT loan program.
LIST OF SUPPORTING DOCUMENTS:
Resolution
RESOLUTION NO.
RESOLUTION REQUESTING FINANCIAL ASSISTANCE FROM THE
TEXAS WATER DEVELOPMENT BOARD FOR DESIGN AND
CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S UTILITY
SYSTEM; AUTHORIZING CITY STAFF AND CONSULTANTS TO
COORDINATE THE SUBMISSION OF THE APPLICATION TO THE
TEXAS WATER DEVELOPMENT BOARD FOR FUNDING FROM ITS
STATE WATER IMPLEMENTATION FUND FOR TEXAS; AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the City of Corpus Christi, Texas (the City) deems it necessary to apply to
the Texas Water Development Board (the Board for financial assistance; and
WHEREAS, in accordance with the rules and regulations of the Board, which govern the
procedures in making such an application, the governing body of the City is required to pass a
resolution to accompany such application; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
THAT:
1. The City hereby requests that the Board, from its State Water Implementation
Fund for Texas, grant financial assistance to the City in the amount not to exceed $222,475,000
(as a loan or by the purchase of obligations of the City and by the receipt of the largest amount of
grant funds lawfully available from the Board) for constructing improvements to the City's
combined utility system, as designed the by the City's consulting engineer. These obligations
will be issued by the City in one or more series.
2. The City Manager, Chief Financial Officer, or Director of Financial Services of
the City is hereby authorized to execute and submit to the Board the application for such
financial assistance, and the City Manager, Chief Financial Officer, or Director of Financial
Services of the City, together with bond counsel, financial advisors and consulting engineers
named in such application, are authorized to appear before the Board in support of such
application and to make the required assurances and representations to the Board in accordance
with the rules, regulations, and policies of the Board.
3. A certified copy of this Resolution shall be attached to the application for
financial assistance herein authorized to be prepared and submitted to the Board, and the City
Secretary of the City is authorized and directed to prepare and certify such number of copies of
this Resolution as may be required for purposes of supporting the submission of such application
to the Board.
4. The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part
of the judgment and findings of the City.
99600156.2
5. All resolutions, or parts thereof, which are in conflict or inconsistent with any
provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions
of this Resolution shall be and remain controlling as to the matters resolved herein.
6. This Resolution shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
7. If any provision of this Resolution or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Resolution and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Resolution would have been enacted without such invalid provision.
8. It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, as amended, Texas Government Code.
9. This Resolution shall be in force and effect from and after its final passage, and it
is so resolved.
99600156.2 -2-
PASSED, ADOPTED AND APPROVED on the 21" day of April, 2020.
CITY OF CORPUS CHRISTI, TEXAS
Mayor
Attest:
City Secretary
(SEAL)
APPROVED THIS 21sT DAY OF APRIL, 2020:
City Attorney
99600156.2 -3-
THE STATE OF TEXAS §
COUNTY OF NUECES §
CITY OF CORPUS CHRISTI §
1, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above
and foregoing is a true, full and correct copy of a resolution passed by the City Council of the City of
Corpus Christi, Texas (and of the minutes pertaining thereto) on the 21s' day of April, 2020, authorizing
the City to request financial assistance from the Texas Water Development Board, which resolution is
duly of record in the minutes of said City Council, and said meeting was open to the public, and public
notice of the time, place and purpose of said meeting was given, all as required by Texas Government
Code, Chapter 551.
EXECUTED UNDER MY HAND AND SEAL OF SAID CITY, THIS THE 21ST DAY OF APRIL,
2020.
City Secretary
(SEAL)
99600156.2 -4-
That the foregoing resolution was read for the first time and passed on this the 21st day of April,
2020, by the following vote:
Joe McComb Rudy Garza
Paulette Guajardo Michael Hunter
Everett Roy Ben Molina
Ronald Barrera Greg Smith
Gil Hernandez
PASSED AND APPROVED, this the 21st day of April, 2020.
ATTEST:
Rebecca Huerta Joe McComb
City Secretary Mayor
99600156.2
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS §
COUNTIES OF NUECES, ARANSAS, §
KLEBERG AND SAN PATRICIO §
CITY OF CORPUS CHRISTI §
THE UNDERSIGNED HEREBY CERTIFIES that:
1. On the 21 st day of April, 2020, the City Council (the Council) o f t h e C i t y of
Corpus Christi, Texas (the City) convened in regular session at its regular meeting place at the
City Hall (the Meeting), the duly constituted members of the Council being as follows:
Joe McComb Mayor
Everett Roy Councilmember, District 1
Ben Molina Councilmember, District 2
Roland Barrera Councilmember, District 3
Greg Smith Councilmember, District 4
Gil Hernandez Councilmember, District 5
Rudy Garza Jr. Councilmember, At Large
Paulette M. Guajardo Councilmember, At Large
Michael T. Hunter Councilmember, At Large
and all of such persons were present at the Meeting, except the following:
thus constituting a quorum. Among other business considered at the Meeting, the attached
Resolution (the Resolution) entitled:
RESOLUTION REQUESTING FINANCIAL ASSISTANCE FROM THE
TEXAS WATER DEVELOPMENT BOARD FOR DESIGN AND
CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S UTILITY
SYSTEM; AUTHORIZING CITY STAFF AND CONSULTANTS TO
COORDINATE THE SUBMISSION OF THE APPLICATION TO THE TEXAS
WATER DEVELOPMENT BOARD FOR FUNDING FROM ITS STATE
WATER IMPLEMENTATION FUND FOR TEXAS; AND OTHER MATTERS
IN CONNECTION THEREWITH
was introduced and submitted to the Council for passage and adoption. After presentation and
due consideration of the Resolution, a motion was made by Councilmember
that the Resolution be finally passed and adopted in accordance with the City's Home Rule
Charter. The motion was seconded by Councilmember and carried by the
following vote:
voted"For" voted"Against" abstained
all as shown in the official Minutes of the Council for the Meeting.
2. The attached Resolution is a true and correct copy of the original on file in the
official records of the City; the duly qualified and acting members of the Council of the City on
the date of the Meeting are those persons shown above, and, according to the records of my
office, each member of the Council was given actual notice of the time, place, and purpose of the
Meeting and had actual notice that the Resolution would be considered; and the Meeting and
deliberation of the aforesaid public business was open to the public, and written notice of said
meeting, including the subject of the Resolution, was posted and given in advance thereof in
compliance with the provisions of Chapter 551, as amended, Texas Government Code.
[The remainder of this page intentionally left blank.]
99715839.2 2
IN WITNESS WHEREOF, I have signed my name officially and affixed the seal of
the City, this 21st day of April, 2020.
City Secretary, City of Corpus Christi, Texas
(SEAL)
AFFIDAVIT
THE STATE OF TEXAS §
COUNTIES OF NUECES, ARANSAS, §
KLEBERG, AND SAN PATRICIO §
CITY OF CORPUS CHRISTI §
BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day
personally appeared Peter Zanoni, City Manager of the City of Corpus Christi, Texas who, being
by me duly sworn, upon oath says that:
1. the decision by the City of Corpus Christi, Texas (the City) to request financial
assistance from the Texas Water Development Board (the Board was made in a public meeting
held in accordance with the Open Meetings Act (Government Code, §551.001, et seq,) and after
providing all such notice as required by such Act as is applicable to the City;
2. the information submitted in the application is true and correct according to my best
knowledge and belief,
3. the City has no pending, threatened, or outstanding judgments, orders, fines, penalties,
taxes, assessment or other enforcement or compliance issue of any kind or nature by EPA, the
Texas Commission on Environmental Quality, Texas Comptroller, Texas Secretary of State, or
any other federal, state or local government, except for the following (if no such outstanding
compliance issues, write in "none"): TCEQ Enforcement Order Docket No. 2015-1478-PWS-E;
TCEQ Enforcement Order Docket No. 2016-0638-MLM-E; TCEQ Enforcement Order Docket
No. 2018-0201-MWD-E; Consent decree negotiations are ongoing for the following EPA
Administrative Orders: Docket CWA-06-2011-1913 Permit Number TX0047082, Docket CWA-
06-2011-1914, Permit Number TX0047066, Docket CWA-06-2011-1915 Permit Number
TX0047074, Docket CWA-06-2011-1916, Permit Number TX0047104, EPA: Docket CWA-06-
2011-1917, Permit Number TX0047058, EPA: Docket CWA-06-2011-1918, Permit Number
TX0047121;
4. the City warrants compliance with the representations made in the application in the
event that the Board provides the financial assistance; and
5. the City will comply with all applicable federal laws, rules, and regulations as well as
the laws of this state and the rules and regulations of the Board.
Peter Zanoni, City Manager
City of Corpus Christi, Texas
99599180.3
SWORN TO AND SUBSCRIBED BEFORE ME, by Peter Zanoni, City Manager, City
of Corpus Christi, Texas, this day of , 2020.
Notary Public, State of Texas
(NOTARY SEAL)
99599180.3 S-1
Texas Water
Development Board
P.O. Box 13231, 1700 N. Congress Ave.
Austin,TX 78711-3231,www.twdb.texas.gov
Phone(512)463-7847, Fax(512)475-2053
April 9, 2020
Mr. Esteban Ramos
Water Resource Manager
City of Corpus Christi
P.O. Box 9277
Corpus Christi, TX 78469
Re: City of Corpus Christi
SWIFT PIF #13268 - Seawater Desalination Plant
State Water Implementation Fund for Texas - Invitation to Apply
Dear Mr. Ramos:
Thank you for submitting an abridged application for financial assistance through the State
Water Implementation Fund for Texas (SWIFT) program on behalf of the City of Corpus
Christi. The abridged applications received for the current funding cycle have been
prioritized according to the criteria outlined in 31 TAC §363.1304, and the Texas Water
Development Board approved the prioritization on April 9, 2020.
We are pleased to extend the City of Corpus Christi an invitation to submit a complete
application for financial assistance through the SWIFT program.All applicants have 30
days to submit their applications. The deadline for receipt of the complete application
is 5:00pm, Central Daylight Time, on Monday, May 11, 2020.At this time, the invited
amount and type of SWIFT funding eligible to be included in the application is summarized
below. This prioritization approval does not constitute a funding commitment and is contingent
on the financial and technical review of the complete application. Terms and conditions,
including applicable interest rate subsidies will be set prior to or at the time of commitment.
Invitation Amount and Type of Funding:
• Total: $222,475,000 Low-Interest Loan
0 2020: $11,425,000
0 2021: $211,050,000
Applications may be submitted through our online loan application system or as traditional
hard copies. To download application documents or access the online system, please visit
our Financial Assistance Application web page.
Our Mission Board Members
To provide leadership,information,education,and Peter Lake, Chairman I Kathleen Jackson, Board Member I Brooke T. Paup, Board Member
support for planning,financial assistance,and
outreach for the conservation and responsible ;
development of water for Texas Jeff Walker, Executive Administrator
SWIFT Application Invitation Letter
April 9, 2020
Page 2
In accordance with Texas Water Code §16.0121, water systems are required to provide
regular water loss audits to the TWDB, which are used to calculate a Water Loss Threshold
for each system. Then next annual water loss audits are due to the TWDB on May 1, 2020,
and these will be used as part of the SWIFT application evaluation. Please visit our Water
Loss Audit Resources web page for more information.
Please direct any questions or concerns regarding the application, commitment process,
and closing processes to Mireya Loewe, Manager, Regional Project Team 6. Please contact
Mireya to discuss your project in greater detail and to schedule a pre-application meeting if
you have not already done so. If approved, Mireya's team will work with you throughout
the life of your project and maybe reached at Mireya.Loewe@twdb.texas.gov or (512) 475-
0590.
r (512) 475-
0590.
We look forward to working with the City of Corpus Christi on the next steps toward
implementing this important project. Thank you again for your interest in the SWIFT
program.
Sincerely,
Jessica Pena Zuba
Deputy Executive Administrator
Texas Water Development Board
Cc: Mireya Loewe, Manager, Regional Project Team 6
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AGENDA MEMORANDUM
WoRPORP�g4 Action Item for the 1852 City Council Meeting of April 21, 2020
DATE: April 1, 2020
TO: Peter Zanoni, City Manager
FROM: Jermel Stevenson, Director of Parks and Recreation Department
Jermels(a-)-cctexas.com
(361) 826-3042
Interlocal Agreement with Nueces County for Beach Maintenance
CAPTION:
Resolution authorizing the Interlocal Agreement with Nueces County for exchange of Gulf
beach maintenance with the City to maintain and clean a portion of the Gulf beach
managed by the County and the County to maintain and clean a portion of the Gulf beach
managed by the City. The City will provide beach maintenance from the State Park
Boundary to Beach Marker 203. The County will provide beach maintenance from Access
Road 6 to Beach Marker 252.
SUMMARY:
This resolution authorizes a Gulf beach maintenance exchange through an Interlocal Agreement
with Nueces County. The exchange will provide connectivity allowing the City to provide beach
maintenance along approximately .82 miles of County beach along Newport Pass area from State
Park boundary to Beach marker 203. The County in return will provide beach maintenance along
approximately 1.5 miles of City beaches from Access road 6 to beach marker 252. The beach
maintenance will include grading of beach roads as needed, daily litter pickup along the beach,
and trash collection from trash containers located within the beach area.
BACKGROUND AND FINDINGS:
The County of Nueces and the City of Corpus Christi both provide beach operations maintenance
services that include grading of beach roads as needed to maintain road system and beach
elevations, daily litter pickup along the beach, and trash collection from trash containers located
within the County beach area.
The purpose of the agreement is to provide connectivity allowing the City to provide beach
maintenance along approximately .82 miles of County beach along Newport Pass area from State
Park boundary to beach marker 203. The County in return will provide beach maintenance along
approximately 1.5 miles of City beaches from access road 6 to beach marker 252.
Each party agrees that the services they are receiving from the other party under this agreement
are fair exchange for the services they are providing to the other party, and therefore no additional
payments are required.
ALTERNATIVES:
The alternative would be to continue services as they are currently. However, moving forward
with this agreement will be a better use of resources by maintaining land in the same area. Prior
to this agreement, staff would waste travel time hopping from one area to the next.
FISCAL IMPACT:
There is no financial impact with this agreement.
RECOMMENDATION:
Staff recommends approval of this resolution authorizing the Interlocal Agreement with Nueces
County and the City of Corpus Christi for Gulf beach maintenance exchange.
LIST OF SUPPORTING DOCUMENTS:
Resolution
Interlocal Agreement
Map
Resolution authorizing the Interlocal Agreement with Nueces County for
exchange of Gulf beach maintenance with the City to maintain and clean a
portion of the Gulf beach managed by the County and the County to maintain
and clean a portion of the Gulf beach managed by the City. The City will
provide beach maintenance from the State Park Boundary to Beach Marker
203. The County will provide beach maintenance from Access Road 6 to
Beach Marker 252.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or designee, is authorized to execute the Interlocal
Agreement with Nueces County for exchange of Gulf beach maintenance with the City to
maintain and clean a portion of the Gulf beach managed by the County and the County
to maintain clean a portion of the Gulf beach managed by the City. The exchange will
provide connectivity allowing the City to provide beach maintenance along approximately
.82 miles of County beach along Newport Pass area from State Park boundary to Beach
marker 203. The County in return will provide beach maintenance along approximately
1 .5 miles of City beaches from Access road 6 to beach marker 252. The beach
maintenance will include grading of beach roads as needed, daily litter pickup along the
beach, and trash collection from trash containers located within the beach area.
PASSED AND APPROVED on the day of , 2020:
Joe McComb
Roland Barrera
Rudy Garza
Paulette M. Guajardo
Gil Hernandez
Michael Hunter
Ben Molina
Everett Roy
Greg Smith
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Joe McComb
City Secretary Mayor
1
INTERLOCAL AGREEMENT
BETWEEN CITY OF CORPUS CHRISTI AND NUECES COUNTY
FOR BEACH CLEANING SERVICES
This Agreement is made and entered by and between the County of Nueces, hereinafter
referred to as "County", and the City of Corpus Christi, a Texas home-rule municipal
corporation hereinafter referred to as "City", under the authority and in accordance with
the Interlocal Cooperation Act, as set out in Chapter 791 , Texas Government Code
WITNESSETH:
WHEREAS, Texas Government Code, Chapter 791 , authorizes local governments
of the state to enter into contracts for governmental functions and services to increase
their efficiency and effectiveness; and
WHEREAS, the County and the City are local governments as defined in Texas
Government Code, Section 791 .003(4), have the authority to enter into this agreement,
and have each entered into this agreement by the action of its governing body in the
appropriate manner prescribed by law;
NOW THEREFORE, this contract is made and entered into by County and City in
consideration of the aforementioned recitals and for the mutual consideration stated
herein ("The Agreement"):
1 . PURPOSE OF AGREEMENT
The purpose of the Agreement is to provide for the City to provide beach cleaning
services along approximately .82 miles of County beach along Newport Pass area from
State Park boundary to Beach marker 203. The County in return will provide beach
cleaning services along approximately 1 .5 miles of City beaches from Access road 6 to
beach marker 252.
2. DUTIES OF THE CITY
The City agrees to perform beach cleaning services described herein along the
approximately .82 miles of Nueces County beach at Newport Pass area between Beach
Marker 203 to State park boundary, which areas are further described on the attached
Exhibit A.
In particular, within the County beach areas shown on Exhibits A, the City through
its beach operations staff and use of City beach operations equipment will provide
following beach cleaning services:
A. Grading of beach roads as needed to maintain road system and beach elevations;
B. Daily pick up of trash along the beach;
z
C. Locating large 96-gallon trash containers inside corral area located within the
County beach area and emptying on a regular as-needed basis.
3. DUTIES OF THE COUNTY
The County agrees to perform beach cleaning services described herein along the
approximately 1 .5 miles of City beaches from Access road 6 to beach marker 252.
which areas are further described on the attached Exhibit B.
In particular, within the City beach areas shown on Exhibits B, the County through
its beach operations staff and use of County beach operations equipment will provide
following beach cleaning services:
A. Grading of beach roads as needed to maintain road system and beach elevations;
B. Daily pick up of trash along the beach;
C. Locating trash containers within the City beach area and emptying on a regular as-
needed basis.
4. COSTS TO PROVIDE SERVICES
Each party agrees that the services they are receiving from the other party under this
Agreement are fair exchange for the services they are providing to the other party, and
therefore no additional payments are required.
5. TERM AND TERMINATION
This Interlocal Agreement shall have a one-year term beginning April 1 , 2020. The
agreement shall automatically renew for successive one-year terms for up to nine
additional years. This agreement may be terminated by either party upon advance written
notice to the other party at least 90 days prior to the end of the then-current term.
This Interlocal Agreement may also be terminated by either party for failure to cure
default as provided herein.
6. NOTICE
Official notice shall be by written notice and delivery to all of the parties to this
Agreement. Delivery shall be fax or deposit in the United States Postal Service, first
class, return receipt requested to:
TO THE COUNTY JUDGE: County Judge
Nueces County Courthouse
901 Leopard, Rm 303
Corpus Christi, Texas 78401
3
TO THE CITY: The City of Corpus Christi
City Manager
P. O. Box 9277
Corpus Christi, Texas 78469-9277
7. NO WAIVER OF GOVERNMENTAL IMMUNITY
County and City agree that both County and City shall each be responsible for their
own negligent acts or omissions in the performance of this Agreement, without waiving
any sovereign governmental immunity available to either County or City under Texas law
and without waiving any available defenses under Texas law. Nothing in this paragraph
shall be construed to create or grant any rights, contractual or otherwise, in or to any third
persons or entities.
8. FISCAL FUNDING
Notwithstanding anything to the contrary herein, this Agreement is expressly
contingent upon the availability of County funding for each item and obligation contained
herein. City shall have no right of action against the County as regards this Agreement,
specifically including any funding by County of this Agreement in the event that the County
is unable to fulfill its obligations under this Agreement as a result of the lack of sufficient
funding for any item or obligation from any source utilized to fund this Agreement or failure
of any funding party to budget or authorize funding for this during the current or future
fiscal years. In the event of insufficient funding, or if funds become unavailable in whole
or part, the County at its sole discretion, may provide funds from a separate source or
terminate this Agreement. In the event that payments or any expenditures are made,
they shall be made from current funds as required by Chapter 791 , Texas Government
Code.
Notwithstanding anything to the contrary herein, this Agreement is expressly
contingent upon the availability of City Funding for each item and obligation contained
herein. County shall have no right of action against the City as regards this Agreement,
specifically including any funding by City of this Agreement in the event that the City is
unable to fulfill its obligations under this Agreement as a result of the lack of sufficient
funding for any item or obligation from any source utilized to fund this or failure of any
funding party to budget or authorize funding for this Agreement during the current or future
fiscal years. In the event of insufficient funding, or if funds become unavailable in whole
or part, the City, as its sole discretion, may provide funds from a separate source or
terminate this Agreement. In the event that payments or expenditures are made, they
shall be made from current funds as required by Chapter 791 , Texas Government Code.
9. ENTIRE AGREEMENT
4
This Agreement constitutes the entire agreement between the parties hereto and
may not be modified or amended except by an instrument in writing executed by the
parties hereto as herein provided.
10. SEVERABILITY
If any provision of this Agreement shall be held invalid, void or unenforceable, the
remaining provisions hereof shall not be affected or impaired, and such remaining
provisions shall remain in full force and effect.
11 . DEFAULT/WAIVER/MITIGATION
If either party observes the section of the beach owned by them is not being
maintained as agreed, a written notice shall be given with the opportunity for the other
party to correct the problem. If after 30 days of the receipt of the notice, the beach has
not been cleaned and/or maintained as agreed, this agreement may be terminated for
default.
It is not a waiver of default if the non-defaulting party fails to declare immediately a default
or delays in taking any action. Pursuit of any remedies set forth in this Agreement does
not preclude pursuit of other remedies in this Agreement or provided by law.
12. AMENDMENTS
This Agreement may be modified or amended by written agreement of the parties.
Modifications or amendments which do not change the essential purpose of this
Agreement may be agreed to by the City Manager for the City and the County Judge for
the County.
13. APPROVAL
This agreement is expressly subject to and contingent upon formal approval by
Nueces County Commissioners Court and by resolution of the City Council.
IN WITNESS WHEREOF this Agreement has been executed on behalf of the
County of Nueces and the City of Corpus Christi in the manner provided by law.
THE CITY OF CORPUS CHRISTI
By:
Peter Zanoni
City Manager
Date:
5
ATTEST:
By:
Rebecca Huerta, City Secretary
APPROVED AS TO FORM:
By:
Lisa Aguilar, Assistant City Attorney
For the City Attorney
6
NUECES COUNTY
By:
Barbara Canales
County Judge
Date:
ATTEST:
By:
Kara Sands
County Clerk
7
EXHIBIT A
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EXHIBIT B
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Resolution authorizing submission of grant application for $18,032.44
to the State of Texas, Office of the Governor, Criminal Justice Division
for funding eligible under the Coronavirus Emergency Supplemental
Funding Program FY2020.
Be it resolved by the City Council of the City of Corpus Christi, Texas:
SECTION 1. The City Council authorizes submission of the grant application to the
State of Texas, Office of the Governor, Criminal Justice Division in the amount of
$18,032.44 for funding available under the Coronavirus Emergency Supplemental
Funding (CESF) for the Municipal Court's City Detention Center to continue the City Jail
Program.
SECTION 2. The City of Corpus Christi agrees to provide applicable matching funds for
the said project, with the understanding that matching funds are not required by the
Coronavirus Emergency Supplemental Funding Grant Program, FY2020.
SECTION 3. The City Manager or the City Manager's designee may apply for, accept,
reject, alter, or terminate the grant.
SECTION 4. In the event of the loss or misuse of these Office of the Governor funds,
the City of Corpus Christi assures that the funds will be returned to the State of Texas,
Office of the Governor, Criminal Justice Division in full.
PASSED AND APPROVED on the day of , 2020:
Joe McComb
Roland Barrera
Rudy Garza
Paulette M. Guajardo
Gil Hernandez
Michael Hunter
Ben Molina
Everett Roy
Greg Smith
2
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta Joe McComb
City Secretary Mayor
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µoRPORPg4 AGENDA MEMORANDUM
1852
Action Item for the City Council Meeting April 21, 2020
DATE: April 17, 2020
TO: Peter Zanoni, City Manager
FROM: Gilbert Hernandez, Director of Municipal Courts
g i I berth(a)-cctexas.co m
361-826-2540
Resolution authorizing submission of grant application for $18,032.44
to the State of Texas under the Coronavirus Emergency Supplemental
Funding
CAPTION:
Resolution authorizing submission of grant application for $18,032.44 to the State
of Texas under the Coronavirus Emergency Supplemental Funding (CESF).
SUMMARY:
The Office of the Governor of the State of Texas has made funds available through Coronavirus
Emergency Supplemental Funding (CESF) program. Eligible activities and costs include
personnel overtime for jailers and detention centers, Personnel Protective Equipment, and
Supplies.
BACKGROUND AND FINDINGS:
The Corpus Christi Municipal Court Detention Center is an essential service that houses all
persons arrested by Corpus Christi Police and operates 24/7. Based on the type of operation the
program qualifies for the grant funding.
Between March 13, 2020 and April 15, 2020, the City Detention Center expensed $7,069.01 in
overtime and $1,947.21 in supplies.
ALTERNATIVES:
An alternative to approving this program would be to continue using the current budget funding.
FIISCAL IMPACT:
The fiscal impact to the City is an additional $18,032.44 for needed supplies at the Detention
Center.
RECOMMENDATION:
Staff recommends that the Council approve the resolution.
LIST OF SUPPORTING DOCUMENTS:
Resolution
so
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µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 04/21/20
1852 Second Reading Ordinance for the City Council Meeting 05/12/20
DATE: March 9, 2020
TO: Peter Zanoni, City Manager
FROM: Al Raymond, AIA, Director
Development Services Department
AlRaymond@cctexas.com
(361) 826-3575
Rezoning a property at or near 113 Porto Villageo Drive
CAPTION:
Zoning Case No. 0220-02, J3PV Investment, LP. (District 4). Ordinance rezoning property at or
near 113 Porto Villageo Drive from the "RM-AT" Multifamily AT District to the "RS-4.5/PUD"
Single-Family 4.5 District with a Planned Unit Development.
SUMMARY:
The purpose of the zoning request is to allow for the construction of a single-family residential
development.
BACKGROUND AND FINDINGS:
The subject property is 4.06 acres in size. According to the applicant the purpose of the request
is to construct a single-family residential development. The proposed development will consist of
24 single family residences as a reconfiguration of a portion of the existing subdivision. A replat
of the property will encompass Lots 8 through 11, Block 1, Lots 6, 7, 9, 10 through 15 and 17
through 21, Block 3, Porto Villageo. The redevelopment will utilize existing public roadways and
sidewalks for access. This development will complement existing developments in the area.
Conformity to City Policy
The subject property is located within the boundaries of the Mustang/Padre Island Area
Development Plan and is planned for Mixed Uses. The proposed rezoning to the "RS-4.5/PUD"
Single-Family 4.5 with a Planned Unit Development is consistent with the adopted Future Land
Use Map and the Mustang/Padre Island Area Development Plan, compatible with the adjoining
residential properties, and does not have a negative impact upon the adjacent properties. The
subject property currently consists of vacant platted properties within the Porto Villageo
subdivision. The proposed rezoning to a PUD will allow flexibility to the development standards
set by the Unified Development Code (UDC). Some units will be constructed on zero lot lines and
may be situated closer than 10 feet apart. Fire walls will be constructed as required to meet the
International Residential Code and other fire protection improvements will be constructed as
required by the City.
Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient
design and can often reduce infrastructure installation and maintenance costs to the city. PUDs
can also encourage development on difficult sites. Outreach to neighborhood was conducted by
the applicant to determine the opinion of the nine existing single-family residences. The Porto
Villageo HOA has endorsed the proposed PUD. The PUD has been reviewed by the Technical
Review Committee (TRC). Staff finds that the proposed deviations are acceptable. This case
was originally presented to the Planning Commission on February 19th, 2020. After review and
deliberation, the Planning Commission voted to table the case to gather additional information
and to hold an additional meeting with the HOA.
Public Input Process
Number of Notices Mailed
35 within 200-foot notification area
4 outside notification area
As of February 28, 2020:
I n Favor In Opposition
0 inside notification area 10 inside notification area
1 outside notification area 1 outside notification area
Totaling 8.14% of the land within the 200-foot notification area in opposition.
Commission Recommendation
Planning Commission recommended approval of the change of zoning from the "RM-AT"
Multifamily AT District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit
Development with a condition that the side yard setback shall be 3 feet where the PUD adjoins
lots that are not part of the development on March 4, 2020.
ALTERNATIVES:
1. Denial of the change of zoning from the "RM-AT" Multifamily AT District to the "RS-
4.5/PUD" Single-Family 4.5 District with a Planned Unit Development.
FISCAL IMPACT: There is no fiscal impact associated with this item.
RECOMMENDATION: Staff recommends approval of the zoning request.
Planning Commission recommended approval of the change of zoning from the "RM-AT"
Multifamily AT District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit
Development with a condition that the side yard setback shall be 3 feet where the PUD adjoins
lots that are not part of the development and with following vote count.
Vote Count:
For: 4
Opposed: 3
Absent: 0
Abstained: 0
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation - Aerial Map
Planning Commission Final Report
Zoning Case No. 0220-02, J3PV Investment, LP. (District 4).
Ordinance rezoning property at or near 113 Porto Villageo Drive from the "RM-
AT" Multifamily AT District to the "RS-4.5/PUD" Single-Family 4.5 District with a
Planned Unit Development.
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the Planning Commission during which all interested persons were allowed to
appear and be heard;
WHEREAS, the Planning Commission has forwarded to the City Council its final
report and recommendation regarding the application for an amendment to the City of
Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map;
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the City Council, during which all interested persons were allowed to appear
and be heard;
WHEREAS, the City Council has determined that this rezoning is not detrimental
to the public health, safety, or general welfare of the City of Corpus Christi and its citizens;
and
WHEREAS, the City Council finds that this rezoning will promote the best and most
orderly development of the properties affected thereby, and to be affected thereby, in the
City of Corpus Christi.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning
Map of the City of Corpus Christi, Texas is amended by changing the zoning on the
subject property described as Lots 8 through 11 , Block 1 , Lots 6, 7, 9, 10 through 15 and
17 through 21 , Block 3, Porto Villageo as shown in Exhibit "A":
from the "RM-AT" Multifamily AT District to the "RS-4.5/PUD" Single-Family 4.5
District with a Planned Unit Development.
The subject property is located at or near 113 Porto Villageo Drive. Exhibit A, which is a
map of the subject property and Exhibit B, which is a copy of Porto Villageo Planned Unit
Development Guidelines attached to and incorporated in this ordinance.
SECTION 2. The Planned Unit Development (PUD) in Section 1 of this ordinance is
subject to the Owner following the conditions listed below:
1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall
develop the Property in accordance with Porto Villageo Planned Unit Development
(PUD) Guidelines and Master Site Plan.
2. Other Requirements: The PUD conditions listed herein do not preclude compliance
with other applicable UDC, Building, and Fire Code Requirements.
3. Time Limit: This Planned Unit Development (PUD) shall be compliant with Section
3.5.9. of the Unified Development Code (UDC).
SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective
July 1 , 2011 and as amended from time to time, except as changed by this ordinance,
both remain in full force and effect including the penalties for violations as made and
provided for in Article 10 of the UDC.
SECTION 4. To the extent this amendment to the UDC represents a deviation from the
City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC,
as it is amended by this ordinance.
SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of
the subject property that are in conflict with this ordinance are hereby expressly repealed.
SECTION 6. A violation of this ordinance, or requirements implemented under this
ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of
the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of
Ordinances.
SECTION 7. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. This ordinance shall become effective upon publication.
Page 2 of 4
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
That the foregoing ordinance was read for the second time and passed finally on this
the day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
PASSED AND APPROVED on this the day of , 2020.
ATTEST:
Rebecca Huerta Joe McComb
City Secretary Mayor
Page 3 of 4
Exhibit A
CR-2
SUBJECT
PROPERTY
o
�0
RM-ttT
ppRTa
bA,
F'p
�R VILLA CASTELLON DR
Date Created:&3^202Q
0 400 800 Prepared By.ReyR
Fee[ Deparmien'off Developmert r Serveces
CASE: 0220-02
SUBJECT PROPERTY WITH ZONING
i r
Pfvpefk
SUBJECT
RM-1 Multitamilyl IL Light hdustrial PROPERTY
RM-2 Multifamily 2 Hi Heavy hd-t-1
RM-3 MultitamilyI PUD Plan-d Unit D.,Overlay
ON Prof.s sig nal Off'ce R&10 Single-Family 10
RM-AT M u Itlfam ily A T RS-& Single-Famlly9
CN 1 Neighborhood Cwnmersal RS-d.55ingle-Fam ily 4.5
CN-2 Neighborhood Commerc'ol R&TF Two-Family
CR-1 Resort Com m e mial R&15 Single-Fam lly 15 /
CR-2 Resort Commercial RE Resident'al Estate /
C41 Gen Cwnmere'al R&TH Townhouse /
CG2 ereraI GCommerc ial SP Special Perm it
CI htensim Commerc'al Ry Recreational V hide Park
GRD Dow ntmwn f-ommerc ial �, ♦�
RMH Manufac}ured Home
CR- Resort Comore rc ial
FR Farm Rural City of
H torio Overlay
-`'
DP business Parh LOCATION MAP
Chnsti
Page 4 of 4
Porto Villageo, P. U . D.
Corpus Christi, Texas
Owner/Developer
J3PV Investments, LP
Submitted by
Urban Engineering
January 15, 2020
!URBAN
i a NO
TBPE Firm#145 TBPLS Firm#10032400
2725 Swantner Drive, Corpus Christi, Texas 78404
Phone: (361)854-3101 Fax: (361) 854-6001
Porto Villageo, P. U . D.
Corpus Christi, Texas
Development Description:
The developer is proposing re-platting 18 existing single family lots into
24 single family residences as a reconfiguration of a portion of the
existing subdivision. A re-plat of the property will encompass Lots 8
through 11, Block 1, Lots 6, 7, 9, 10 through 15 and 17 through 21, Block
31 Porto Villageo. The re-development will utilize existing public
roadways and sidewalks for access. This development will complement
existing developments in the area.
Location Map:
w�s�nS
cut
S I t e
5qa
r
Development Standards per
City of Corpus Christi Unified Development Code
Minimum Lot Area—4,500sf
Minimum Lot Width—45'
Minimum Street Yard—20'
Minimum Street Yard (Corner)—10' when back to back lot
Minimum Side Yard—5'
Minimum Side Yard (Total)—10'
Minimum Rear Yard—5'
Minimum building separation—10'
Minimum Open Space—30%
Maximum Height—35'
Required Parking: - 2 per unit
Curb Type—6" Curb and Gutter
Sidewalks—5' on each side
Paved Street Width—28'
PUD Requirements
Minimum Lot Area—1,400sf
Minimum Dwelling Width (Shared parking)—17' along cul-de-sac, 25' at yard requirement
Minimum Street Yard—10'
Minimum Street Yard (Corner)—10'
Minimum Side Yard—0'
Minimum Side Yard (Total)—0'
Minimum Rear Yard—0'
Minimum building separation—0'
Minimum Open Space—30% (85% provided)
Maximum Height—None
Required Parking: - 2 per unit (71 provided)
Curb Type—Existing 6" Curb and Gutter
Sidewalks—Existing 4'wide sidewalks (4'Tied Sidewalks will be provided adjacent to shared parking)
Paved Street Width—Existing Asphalt Paving 28'
Development Guidelines
For Residential Lots
Use—Single Family Residential
Lot Area — Minimum 1,400sf
Lot Width— 17' along cul-de-sac, 25 lot width
Yard Requirements:
Street: 10'
Street corner: 10'
Side Yard: 0'
Maximum building Height: None
Minimum Building Spacing: 0'
Parking Requirement Per Unit: 2 per unit (71 provided)
Maintenance: Lot Owner and Home Owners Association
Allowed Improvements: Residential structures, support structures including decks, porches,
pavement, fencing, landscaping, etc.
Placement of Improvements: Within limits of Individual Lots and setbacks and outside of
easements with exception of fences, paving and landscaping.
Short Term Rentals: Allowed, specific language will be described in HOA document
Development Guidelines
For Common Area Lots
Use— Non-residential Structures for enjoyment and benefit of Porto Villageo, P.U.D.
Community
Lot Area — N/A
Lot Width— N/A
Yard Requirements:
Street: N/A
Street corner: N/A
Side Yard: N/A
Maximum building Height: None
Minimum Building Spacing: As required per International Building Code
Parking Requirement: 0 spaces
Maintenance: Home Owners Association
Allowed Improvements: Community structures/amenities, including decks, porches, pavement,
fencing, landscaping, utilities, swimming pools, gazebos, etc.
Placement of Improvements: Within limits of Individual Lots and setbacks and outside of
easements with exception of fences, paving and landscaping.
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Zoning Case No. 0220-02, J3PV Investment, LP. (District 4).
Ordinance rezoning property at or near 113 Porto Villageo Drive from the "RM-
AT" Multifamily AT District to the "RS-4.5/PUD" Single-Family 4.5 District with a
Planned Unit Development.
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the Planning Commission during which all interested persons were allowed to
appear and be heard;
WHEREAS, the Planning Commission has forwarded to the City Council its final
report and recommendation regarding the application for an amendment to the City of
Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map;
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the City Council, during which all interested persons were allowed to appear
and be heard;
WHEREAS, the City Council has determined that this rezoning is not detrimental
to the public health, safety, or general welfare of the City of Corpus Christi and its citizens;
and
WHEREAS, the City Council finds that this rezoning will promote the best and most
orderly development of the properties affected thereby, and to be affected thereby, in the
City of Corpus Christi.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning
Map of the City of Corpus Christi, Texas is amended by changing the zoning on the
subject property described as Lots 8 through 11 , Block 1 , Lots 6, 7, 9, 10 through 15 and
17 through 21 , Block 3, Porto Villageo as shown in Exhibit "A":
from the "RM-AT" Multifamily AT District to the "RS-4.5/PUD" Single-Family 4.5
District with a Planned Unit Development.
The subject property is located at or near 113 Porto Villageo Drive. Exhibit A, which is a
map of the subject property and Exhibit B, which is a copy of Porto Villageo Planned Unit
Development Guidelines attached to and incorporated in this ordinance.
SECTION 2. The Planned Unit Development (PUD) in Section 1 of this ordinance is
subject to the Owner following the conditions listed below:
1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall
develop the Property in accordance with Porto Villageo Planned Unit Development
(PUD) Guidelines and Master Site Plan and with a condition that the side yard
setback shall be 3 feet where the PUD adjoins lots that are not part of the
development.
2. Other Requirements: The PUD conditions listed herein do not preclude compliance
with other applicable UDC, Building, and Fire Code Requirements.
3. Time Limit: This Planned Unit Development (PUD) shall be compliant with Section
3.5.9. of the Unified Development Code (UDC).
SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective
July 1 , 2011 and as amended from time to time, except as changed by this ordinance,
both remain in full force and effect including the penalties for violations as made and
provided for in Article 10 of the UDC.
SECTION 4. To the extent this amendment to the UDC represents a deviation from the
City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC,
as it is amended by this ordinance.
SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of
the subject property that are in conflict with this ordinance are hereby expressly repealed.
SECTION 6. A violation of this ordinance, or requirements implemented under this
ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of
the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of
Ordinances.
SECTION 7. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. This ordinance shall become effective upon publication.
Page 2 of 4
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
That the foregoing ordinance was read for the second time and passed finally on this
the day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
PASSED AND APPROVED on this the day of , 2020.
ATTEST:
Rebecca Huerta Joe McComb
City Secretary Mayor
Page 3 of 4
Exhibit A
CR-2
SUBJECT
PROPERTY
o
�0
RM-ttT
ppRTa
bA,
F'p
�R VILLA CASTELLON DR
Date Created:&3^202Q
0 400 800 Prepared By.ReyR
Fee[ Deparmien'off Developmert r Serveces
CASE: 0220-02
SUBJECT PROPERTY WITH ZONING
i r
Pfvpefk
SUBJECT
RM-1 Multitamilyl IL Light hdustrial PROPERTY
RM-2 Multifamily 2 Hi Heavy hd-t-1
RM-3 MultitamilyI PUD Plan-d Unit D.,Overlay
ON Prof.s sig nal Off'ce R&10 Single-Family 10
RM-AT M u Itlfam ily A T RS-& Single-Famlly9
CN 1 Neighborhood Cwnmersal RS-d.55ingle-Fam ily 4.5
CN-2 Neighborhood Commerc'ol R&TF Two-Family
CR-1 Resort Com m e mial R&15 Single-Fam lly 15 /
CR-2 Resort Commercial RE Resident'al Estate /
C41 Gen Cwnmere'al R&TH Townhouse /
CG2 ereraI GCommerc ial SP Special Perm it
CI htensim Commerc'al Ry Recreational V hide Park
GRD Dow ntmwn f-ommerc ial �, ♦�
RMH Manufac}ured Home
CR- Resort Comore rc ial
FR Farm Rural City of
H torio Overlay
-`'
DP business Parh LOCATION MAP
Chnsti
Page 4 of 4
Porto Villageo, P. U . D.
Corpus Christi, Texas
Owner/Developer
J3PV Investments, LP
Submitted by
Urban Engineering
January 15, 2020
!URBAN
i a NO
TBPE Firm#145 TBPLS Firm#10032400
2725 Swantner Drive, Corpus Christi, Texas 78404
Phone: (361)854-3101 Fax: (361) 854-6001
Porto Villageo, P. U . D.
Corpus Christi, Texas
Development Description:
The developer is proposing re-platting 18 existing single family lots into
24 single family residences as a reconfiguration of a portion of the
existing subdivision. A re-plat of the property will encompass Lots 8
through 11, Block 1, Lots 6, 7, 9, 10 through 15 and 17 through 21, Block
31 Porto Villageo. The re-development will utilize existing public
roadways and sidewalks for access. This development will complement
existing developments in the area.
Location Map:
w�s�nS
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Development Standards per
City of Corpus Christi Unified Development Code
Minimum Lot Area—4,500sf
Minimum Lot Width—45'
Minimum Street Yard—20'
Minimum Street Yard (Corner)—10' when back to back lot
Minimum Side Yard—5'
Minimum Side Yard (Total)—10'
Minimum Rear Yard—5'
Minimum building separation—10'
Minimum Open Space—30%
Maximum Height—35'
Required Parking: - 2 per unit
Curb Type—6" Curb and Gutter
Sidewalks—5' on each side
Paved Street Width—28'
PUD Requirements
Minimum Lot Area—1,400sf
Minimum Dwelling Width (Shared parking)—17' along cul-de-sac, 25' at yard requirement
Minimum Street Yard—10'
Minimum Street Yard (Corner)—10'
Minimum Side Yard—0'
Minimum Side Yard (Total)—0'
Minimum Rear Yard—0'
Minimum building separation—0'
Minimum Open Space—30% (85% provided)
Maximum Height—None
Required Parking: - 2 per unit (71 provided)
Curb Type—Existing 6" Curb and Gutter
Sidewalks—Existing 4'wide sidewalks (4'Tied Sidewalks will be provided adjacent to shared parking)
Paved Street Width—Existing Asphalt Paving 28'
Development Guidelines
For Residential Lots
Use—Single Family Residential
Lot Area — Minimum 1,400sf
Lot Width— 17' along cul-de-sac, 25 lot width
Yard Requirements:
Street: 10'
Street corner: 10'
Side Yard: 0'
Maximum building Height: None
Minimum Building Spacing: 0'
Parking Requirement Per Unit: 2 per unit (71 provided)
Maintenance: Lot Owner and Home Owners Association
Allowed Improvements: Residential structures, support structures including decks, porches,
pavement, fencing, landscaping, etc.
Placement of Improvements: Within limits of Individual Lots and setbacks and outside of
easements with exception of fences, paving and landscaping.
Short Term Rentals: Allowed, specific language will be described in HOA document
Development Guidelines
For Common Area Lots
Use— Non-residential Structures for enjoyment and benefit of Porto Villageo, P.U.D.
Community
Lot Area — N/A
Lot Width— N/A
Yard Requirements:
Street: N/A
Street corner: N/A
Side Yard: N/A
Maximum building Height: None
Minimum Building Spacing: As required per International Building Code
Parking Requirement: 0 spaces
Maintenance: Home Owners Association
Allowed Improvements: Community structures/amenities, including decks, porches, pavement,
fencing, landscaping, utilities, swimming pools, gazebos, etc.
Placement of Improvements: Within limits of Individual Lots and setbacks and outside of
easements with exception of fences, paving and landscaping.
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PLANNING COMMISSION FINAL REPORT
Case No. 0220-02
INFOR No. 20ZN1005
Planning Commission Hearin Date: February 19, 2020
Owner: J3PV Investment, LP.
Applicant/Representative: Urban Engineering
a a�a Location Address: 113 Porto Villageo Drive
Legal Description: Lots 8 through 11 , Block 1 , Lots 6, 7, 9, 10 through 15 and
Qm 17 through 21 , Block 3, Porto Villageo, located along the east side of State
o Highway 361 , north of Beach Comber Drive, and south of Mustang Island
Estates Drive.
From: "RM-AT" Multifamily AT District
To: "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit
.E Development
io Area: 4.06 acres
Purpose of Request: To allow for the construction of a single-family
residential development.
Existing Zoning District Existing Land Use Future Land Use
Site "RM-AT" Multifamily AT Vacant Mixed Use
ca
a� N
= N North "RM-AT" Multifamily AT Vacant Mixed Use
o
N South "RM-AT" Multifamily AT Vacant Mixed Use
a� M
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n East "RM-AT" Multifamily AT Vacant Mixed Use
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West "RM-AT" Multifamily AT Vacant Mixed Use
Area Development Plan: The subject property is located within the
06 u, boundaries of the Mustang/Padre Island Area Development Plan and is
o planned for Mixed Uses. The proposed rezoning to the "RS-4.5/PUD" Single-
2 4a Family 4.5 with a Planned Unit Development is consistent with the adopted
a o Future Land Use Map and the Mustang/Padre Island Area Development Plan.
Q Map No. 021039
Zoning Violations: None
° Transportation and Circulation: The subject property has approximately 200
feet of street frontage along Porto Villageo Drive which is designated as "Local
° / Residential" Street. According to the Urban Transportation Plan, "Local /
a
N Residential" Streets can convey a capacity up to 500 Average Daily Trips
(ADT).
Staff Report
Page 2
Urban Proposed Existing Traffic
Street Transportation Section Section Volume
Plan Type
' O Porto
U Villageo "Local/Residential" 50' ROW 50' ROW N/A
Drive 28 paved 28 paved
Staff Summary:
Requested Zoning: The applicant is requesting a rezoning from the "RM-AT" Multifamily
AT District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit
Development to allow for the construction of a single-family residential development.
Development Plan: The proposed development will consist of 24 single family
residences as a reconfiguration of a portion of the existing subdivision. A replat of the
property will encompass Lots 8 through 11 , Block 1 , Lots 6, 7, 9, 10 through 15 and 17
through 21 , Block 3, Porto Villageo. The redevelopment will utilize existing public
roadways and sidewalks for access. This development will complement existing
developments in the area.
The subject property currently consists of vacant platted properties within the Porto
Villageo subdivision. The proposed rezoning to a PUD will allow flexibility to the
development standards set by the Unified Development Code (UDC). Some units will be
constructed on zero lot lines and may be situated closer than 10 feet apart. Fire walls
will be constructed as required to meet the International Residential Code and other fire
protection improvements will be constructed as required by the City.
The concept for Porto Villageo is for a small high density single-family housing group.
All units will be single-family residences, have a minimum lot size of 1 ,400 square feet.
The developer has also requested the allowance of short term rentals. Amenities
provided to the single-family residential development include decks, porches, fencing,
landscaping, utilities, swimming pools, gazebos, etc. The following table compares the
proposed PUD development standards and the Unified Development Code (UDC)
standards for the "RS-4.5" Single-Family 4.5 District and the proposed Planned Unit
Development (PUD) and notes all necessary deviations from the UDC being requested
by the applicant.
Minimum Dimensions "RS-4.5"District Proposed PUD Deviation
Standards
Minimum Open Space 25% 45% No
Minimum Lot Width 45 ft. 17 ft. Yes
Minimum Lot Area 4,500 square feet 1,400 square feet Yes
Minimum Front Setback 20 ft. 10 ft. Yes
Minimum Street Corner 10 ft. 10 ft. No
Minimum Side Yard 5 ft. 0 ft. Yes
Minimum Rear Yard 5 ft. 0 ft. Yes
Minimum Building Separation 10 ft. 0 ft. Yes
Maximum Building Height 35 ft. None Yes
Staff Report
Page 3
Sidewalks 5 ft. both sides 4 ft. existing tied Yes
ROW Width 50 ft. 50 ft. No
Paved Street Width 28 ft. 28 ft. No
Curb Type 6 in. curb & gutter 6 in. curb & gutter No
Parking Requirement 2 spaces per unit 2 spaces per unit No
Shared Parkin
Existing Land Uses & Zoning: The subject property is currently zoned "RM-AT"
Multifamily AT District and consists of vacant platted lots. Within the existing Porto
Villageo subdivision are approximately nine single-family homes. To the north, south,
and east are vacant properties zoned "RM-AT" Multifamily AT District. Additionally, to
the east is the Gulf of Mexico. To the west are vacant properties zoned "CR-2 "Resort
Commercial District.
AICUZ: The subject property is not located in one of the Navy's Air Installation
Compatibility Use Zones (AICUZ).
Plat Status: The property is platted.
Utilities:
Water: Nueces County Water Control and Improvement District #4.
Wastewater: Nueces County Water Control and Improvement District #4.
Gas: N/A
Storm Water: Street inlets.
Plan CC & Area Development Plan Consistency: The subject property is located
within the boundaries of the Mustang/Padre Island Area Development Plan (ADP). The
proposed rezoning to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit
Development is consistent with the adopted Comprehensive Plan (Plan CC). The
following policies of Plan CC should be considered:
• Promote a balanced mix of land uses to accommodate continuous growth and
promote the proper location of land uses based on compatibility, locational
needs, and characteristics of each use (Future Land Use, Zoning, and Urban
Design Policy Statement 1).
• Encourage orderly growth of new residential, commercial, and industrial areas.
(Future Land Use, Zoning, and Urban Design Policy Statement 3).
• Encourage residential infill development on vacant lots within or adjacent to
existing neighborhoods (Future Land Use, Zoning, and Urban Design Policy
Statement 3).
Department Comments:
• The proposed rezoning is compatible with the adopted Comprehensive Plan (Plan
CC). The proposed rezoning is also compatible with neighboring properties and with
the general character of the surrounding area. This rezoning does not have a
negative impact upon the surrounding neighborhood.
Staff Report
Page 4
• The subject property is suitable for the uses proposed by this Planned Unit
Development (PUD). The proposed PUD redesigns existing platted vacant lots to
create a single-family residential development.
• Infill development should be encouraged at this site. PUDs allow flexibility for
attractive, efficient design and can often reduce infrastructure installation and
maintenance costs to the city. PUDs can also encourage development on difficult
sites.
• Outreach to neighborhood was conducted by the applicant to determine the opinion
of the nine existing single-family residences. The Porto Villageo HOA has endorsed
the proposed PUD.
• The PUD has been reviewed by the Technical Review Committee (TRC). Staff finds
that the proposed deviations are acceptable.
• This case was originally presented to the Planning Commission on February 19tH
2020. After review and deliberation, the Planning Commission voted to table the case
to gather additional information and to hold an additional meeting with the HOA.
Planning Commission and Staff Recommendation (March 4, 2020):
Approval of the change of zoning from the "RM-AT" Multifamily AT District to the "RS-
4.5/PUD" Single-Family 4.5 District with a Planned Unit Development with the following
conditions:
1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall
develop the Property in accordance with Porto Villageo Planned Unit Development
(PUD) Guidelines and Master Site Plan and with a condition that the side yard
setback shall be 3 feet where the PUD adjoins lots that are not part of the
development.
2. Other Requirements: The PUD conditions listed herein do not preclude compliance
with other applicable UDC, Building, and Fire Code Requirements.
3. Time Limit: This Planned Unit Development (PUD) shall be compliant with Section
3.5.9. of the Unified Development Code (UDC).
Number of Notices Mailed — 35 within 200-foot notification area
4 outside notification area
0
As of February 14, 2020:
In Favor — 0 inside notification area
o — 1 outside notification area
Z
In Opposition — 10 inside notification area
— 1 outside notification area
a
Totaling 8.14% of the land within the 200-foot notification area in opposition.
Attachments:
1 . Location Map (Existing Zoning & Notice Area)
2. Public Comments Received (if any)
3. Planned Unit Development (PUD) Guidelines and Master Site Plan
https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2020/0220-02 J3PV Investments,LP
(Porto Villageo PUD)/PC Documents/PC Report-J3PV Investments,LP.docx
Staff Report
Page 5
28
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Andrew Dimas [DevSvcs]
From: Cindy Clark <cyndleclark@yahoo.com>
Sent: Tuesday,April 7, 2020 3:57 PM
To: Andrew Dimas [DevSvcs]
Subject: [EXTERNAL]Fwd: Porto Villageo
Follow Up Flag: Follow up
Flag Status: Flagged
[ [ WARNING,- External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a
password, username, payment or to take action from an email. When in doubt, please forward to
SecurityAlert@cctexas.com. ] ]
andrew this is my next door neighbor residing at 141 porto village dr
thanks!
cindy clark
Sent from my iPhone
Begin forwarded message:
From: Elisa Verratti <everratti@gmail.com>
Date: March 30, 2020 at 4:55:34 PM CDT
To: Cindy Clark<cyndleclark@yahoo.com>
Subject: Fwd: Porto Villageo
Letter from Adam Monaco
Begin forwarded message:
From: Adam Monaco <monacatclaims(cD-yahoo.com>
Subject: Porto Villageo
Date: March 30, 2020 at 4:17:08 PM CDT
To: and rewd2(a)cctexas.com
Cc: Elisa Verratti <everratti(agmail.com>, "monaco ray(apyahoo.com"
<monaco ray(cDyahoo.com>
Dear Mr. Dimas,
I am a property owner in the subdivision of Porto Villageo. I have personally met with
Cosmo and Casey in the early stages of the planning of improvements for the
development. I was especially encouraged by the management team engaging a proven
and successful developer to assist in the design and implementation of common
elements and overall concept of future building. One only has to drive a few miles North
to visualize a well designed and managed subdivision along Hwy 361.
Unfortunately, I was unable to personally attend the last homeowner's meeting in Corpus
Christi. Most of the details of the proposed changes in plat and deed restrictions were lost
1
by a non-visual presentation via a remote connection. What I did glean was the
discussion of density housing units with a townhome concept similar to Cinnamon
Shores. This concept has been repeated in La Palmilla and Sunflower to name a few
other developments. The concept has proved popular with the construction of additional
buildings throughout these subdivisions in Port Aransas. The architecture is a primary
factor with the popularity of the concept along with the added benefits of a dedicated
PUD. The concept also allows competitive pricing as compared with the typical detached
single family lots and homes. The integration of this concept has been a benefit to the
property owners in other well managed subdivisions.
My concern would be with the architectural design and construction of the units proposed
to be built in Porto Villageo. My expectation after the remote connection is that the
developer or proposed contractor would produce drawings and plans for the current
homeowners to view and discuss. A scaled model of a typical building would be preferred
in my opinion since I gathered that the construction would deviate from any similar
buildings being constructed in any of the subdivisions I previously mentioned.
The current situation affecting the US would preclude a formal meeting room with
numerous residents, however, I would suggest creating and emailing drawings and plans
for the proposed buildings to all the members of the homeowners association.
A reply or response would be greatly appreciated.
Adam Monaco
210-861-0686
2
Andrew Dimas [DevSvcs]
From: Kathleen Acock <KAcock@alphabuilding.com>
Sent: Wednesday,April 15, 2020 9:10 PM
To: Andrew Dimas [DevSvcs]
Subject: J3PV Investment LP Rezoning Requesto to Change to PUD, Case Mp/0220-02
Attachments: Notice form signed for April 21 meeting.pdf, Council Meeting Notiec .pdf
Follow Up Flag: Follow up
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City Council, City of Corpus Christ Meeting Date: April 21, 2020
Kathleen K. Acock, Lot Owner, Lots 12 & 13, Block 1, Porto Villageo,Corpus Christi
Topic Rezoning Case No. 0220-02- Porto Villageo, Corpus Christi. J3PV Investments LP Petition change
from Multi-Family AT District to RS-4.5 PUD District.
Introduction: I am the owner of a business that serves all of south Texas. We have been actively and
consistently performing minor construction projects for various institutions and the City of Corpus Christi for
the past ten years. Until just recently I owned a home at the Catalina Condominiums on Ocean Drive near
Roberts St. It was with great delight that we spotted, and although they were very expensive, were able to
purchase two lots at Porto Villageo on the island. In addition to a great beach view, the lots and streets were
well laid out and large enough that we could enjoy peaceful use of our home and property. At the time of
purchase (December 2019) we were not aware nor did we know of the plans of J3PV to disrupt our plans.
I am IN OPPOSITION to rezoning of Porto Villageo as requested by J3PV.
The notice of meeting for each lot I own, with my signature is an attachment above to this letter.
1. 1 was not notified by any method of the proposed changes, or meetings. Since my two lots are adjacent to the ones
proposed to be reduced in size (8-11, Block 1) 1 think this was deliberate and I was denied my voice in this matter.
2. The proposed development will significantly increase the population and traffic density and the value of my lots will
be seriously reduced, especially my Lot 12 sitting next to a small lot and bungalow.
3. The developer in an effort to maximize land use and profit has included plans to reduce the set backs on all four sides
of the lots in the rezoning area and to build much smaller"bungalows"than currently required by the deed restrictions.
My lot 12 will lose the side set back distance afforded in the deed restrictions and will be affected by rain water run
off and interference from a neighbor who according to the developer will be 1'from my boundary line. Not 3' or the 5"
in my purchase
1
The back set back at the back of the lots 8-11 boundary goes to "0" and will have a large swimming pool. The
developer has made no provision for environmental problems that would occur with flooding across the pool and into
the swale behind the lots on Block 1 that flows to the Gulf.
The side setbacks are so restricted on all bungalow or PUD residence,the HVAC units will have to be mounted on the
roof. Any lots next to these clusters will be subject to the equipment noise from the HVAC units . It will affect us when
we are outside or tying to enjoy our balconies peacefully. I object to giving up my peace and quiet in order to let the
developer maximize his profits.
4. Current residential requirements in the deed restrictions require pitched roofs of clay tile. The PUD changes will
allow for a flat roof with false gables at the front and back. Flat roofs are not only unattractive, but,violate the deed
restrictions.
5. Cluster or"0" lot line residences have more restrictive fire codes as to framing, exterior sheathing and
windows. With Lot 11 being converted to a 3' easement,the developer should be required to provide me and other
residences adjacent to the clusters,the same fire protection upgrades to provide fire protection/mitigation to our
residences.
6. None of the plats and plans and drawings indicate how emergency access will be maintained for fire and EMS
7. Parking. These bungelows proposed in the PUD will either maybe have one garage or none. In order to provide
parking they will have 'head-in' slots in front of the entrance of the new cluster. To do this they must reduce the size of
our current sidewalks and the width of the roadway as shown in red dots on the Master Site Plan. What about boats,
friends, relatives vehicles, etc? Again our traffic flow and safety of pedestrians and children are endangered to assist the
developer make more profit.
8. How will they utilize HOA dues -by community or cluster?
9.The developer claims that the property has sat vacant too long. True, but the property can not sell itself. This is a
failure to launch. The developer has made no obvious effort to have a sales team or advertising of the property for sale.
I respectfully request that Lots 8-1 be removed from the rezoning plan and left as they are now. That will give us a
straight street of lovely homes, minimize road and sidewalk disruption and maintain the property values for that
Block.
Thank you for your help in this matter. Kathleen Acock
My objections are more fully described below.
Objection 1: I own lots Lots 12 and 13, Block 1 which are adjacent to the lots in Block 1 proposed for rezoning. We
have engaged an architect and hope to start construction this fall. Although our purchase was finalized in December I
did not receive any notice of the so-called annual meeting (held in February for the year 2019,) nor did I receive notice
of the Planning Committee meeting until too late to participate. However, once I understood what was happening, I
read in detail the March 4, 2020 meeting minutes, watched the video of the session. I noted that the Chair, Mr. Crull,
opposed changes to the community proposed rezoning. Because of sloppy paperwork and lack of communication, I was
denied my opportunity to participate in the decision making on this matter. I do have an opinion as a lot owner and
interested party.
2
Objection 2: My lots no.s 12& 13, Block 1 are adjacent to Lots 8,9,10 and 11 which are proposed for rezoning and
construction of a cluster of small bungalows on 1,400 sq ft lots. The development plan of J3PV will significantly increase
the population density, vehicles and noise levels both in front of my house and next to my house.
a. Setbacks: In the Meeting Minutes it was clarified that the side setbacks for PUD lots that abut adjacent existing
lots, as my Lot 12, will be 3'. This is a deed violation. The requirement is 5'. As a defense to reducing the side setbacks,
the developer says that there is no issue with roof water run off because the bungelow eave will be 2 foot out, leaving 1
foot of bugalow property between it and my property line. He is correct in his measurement, however,the set
back distance must be that space between the face or end of the eve to the common boundary line. From the eve to my
boundary must be 5' not 1'. As to water runoff, depending on the direction, velocity and heaviness of the rainfall it will
not only fall down from the end of the eve but angle out into the neighbor property. The original plat provided 5 foot
on both sides of the common boundary allowing sufficient room for the water to collect and runoff without damage to
either property.
J3PV proposes to change the front setback from the original 20 foot to 10 foot and the rear yard setback from the
original 5'to 0'. Behind these lots on Block 1 is a very large easement that travels to the Gulf. At the back boundary of
the existing Lots 8, 9, 10 they propose to build a large swimming pool to serve the cluster against the
ditch/easement. The same is true on the other side of the development.These clusters can not help but have a negative
impact creating water and potentially other chemical overflow into the easement/ditch. I note there was no engineer
report regarding potential impact to this area, referencing the Texas Natural Resources Code.
b. HVAC Equipment. The developer proposes to put the HVAC equipment, assumed one per bungalow, on the roof of
each bungalow. This presents two problems that violate the existing deed restrictions:
first,they propose a flat roof whereas the existing houses all have peaked tile roofs which are far better at
handling water/rain than flat ones. Their rendering provided shows false gables to suggest peaked roofs. This false roof
proposed will not add to or reflect the current aesthetics.
Secondly,the equipment noise will be extremely disruptive to persons wishing quiet enjoyment of their balconies,
second or third floor and porches. At a minimum the developer must be required to encapsulate the equipment in a
screen structure to force the sound upward and mitigate the noise level.
c.There are more extensive fire code requirements applicable to constructing these 0 lot line bungalows. They
must be constructed using materials and windows with a minimum one hour fire rating. As the neighbor to one of
these clusters, my house and property are at risk because of the proximity and density of the bungalows. The developer
should be required to upgrade the exterior walls and windows of all existing and future houses built adjacent to the
clusters as a protection from the damage a fire in the cluster would bring.
d. There is no detail regarding the maintenance of emergency access, especially for these "clusters" and the homes
adjacent. Before the developer is approved for the rezoning, details of how emergency access will be provided to each
of the bungalows and to the existing homes.
e Parking: although code standard is 9 x 18',that is a code minimum. The 9' width is not sufficient to avoid car doors
pitting the adjacent cars or other body damage, particularly If one of the cars is a large SUB or truck. I understand even
HEB allows 10'width. Also the developer must verify that behind all these head in parking spots there will remain a
25' wide road providing sufficient room for vehicles to turn in or back out.
g.Trash Containers. What plans does the developer have for pick up of trash within the bungalow cluster?
h. Finally, How much do they propose to charge bungalow owners for Home Owners Association dues? How will that
money be used? How much will be paid to the existing PV HOA? What amounts will be designated for road,
parking and sidewalk maintenance,for the walkway to the beach,for the use of water for beach goers to rinse
off. What about fire department support, security as the project becomes more dense, security on Labor Day weekend
3
and other three day weekends-who will monitor and have vehicles removed that are incorrectly parked, and other
violations.
i. Failure to launch. If the developer wishes to sell more lots and reap more rewards, he should invest in a sales office, a
sales team and advertising that the public would know this was available. To complain that it had remained
underdeveloped for some time is not sufficient reason to come in, disrupt the existing deed restrictions and thus reduce
the value of the existing lots and houses.
In closing,there has been no transparency in the process, at least from J3PV with the owners, leaving too many serious
questions unanswered. My highest interest is the protection, security and quiet enjoyment of my house and lots
so eliminating the cluster of bungalows on Lots 8-11, Blockl will satisfy my interests. However,for all home and
current lot owners to enjoy the same benefits I desire, I request the City Council vote "No"for this request and turn it
down completely.
Thank you for your time and consideration of my request. Please stay well, the City needs good people to support it's
future!
Sincerely,
Kathleen Acock
105 Porto Villagageo
Corpus Christi,Texas
Kathleen Acock
Chief Executive Officer
ALPHA BUILDING CORPORATION
Corporate Office, San Antonio, TX
0: 210.491.9925 : 210.491.9932
E: kacock(a)-alphabuilding.com
W: alphabuilding.com
4
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5
Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact
the Developrrent Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades
clue tienen is intention de asistir a esta junta y que reguieren servicios especiales seles summa Clue den aviso 48
horas antes de la junta Ilamando al departamento de servicios de desarrollo al n6rnero (361) 826-3240.
If you wish to address the Commission during the meeting and your English is limited, please call the Development
Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the
meeting. Si gusted desea dirigirse a la commission durante la junta y su ingles es limitado, favor deIlamar al
departamerito de servicios de desarrollo al numero (361) 826-3240 al mems 48 horas antes de la junta para solicitar
un interprete ser presente durance la junta.
CITY PLANNING COMMISSION
PUBLIC HEARING NOTICE
Rezoning Case No. 0220-02
J3PV Investments LP. has petitioned the City of Corpus Christi to consider a change of zoning from the
"RM-AT" Multifamily AT District_ to the "RS-4.51PUD" Single-Family 4.5 District with a Planned Unit
Development, not resulting_ in a chance to the Future Land Use Map. The property to be rezoned is
described as:
113 Porto Villageo Drive and described as Lots 8 through 11, Block 1, Lots 6, 7, 9, 10
through 15 and 17 through 21, Block 3, Porto Villageo, located along the east side of State
Highway 361, north of Beach Comber Drive, and south of Mustang Island Estates Drive.
The Planning Commission may recommend to City Council approval or denial, or approval of an
intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent
with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to
reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning
request to discuss and formulate a recommendation to the City Council. The public hearing will be held on
Wednesday, February 19, 2020, during one of the Planning Commission's regular meetings, which begins
at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public
hearing to express your views on this rezoning request. For more information, please call (361) 826-3240.
TO BE ON RECORD, THIS FORM MUST BE FILLED OUT SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED
IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-
9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD.
NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of
this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in
person,by telephone call or by letter.
Printed Name: 'TAMES �.��J) , La f f g� ,N
Address: 1 ILze, City/State: Jul � �t�JTX_
( } IN FAVOR 41 OPPOSITION Phone: 1 _'_` �
REASON:
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Signatur
SEE MAP ON REVERSE SIDE Case No. 0220-02
INFOR Case No.: 20ZN1005 Project Manager. Andrew Dimas
Property Owner ID: 6 Email:AndrewD2@acctexas.com
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U�pOSIASE�mTNEY BOWES
ZIP 78401 $ 000.500
City ofCorpus Christi "2o-"*o61 .F- --
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Development Services Dept.
P.O. Box 9277
Corpus Christi,Texas 78488
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ROB|8ONJAMES READ
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1414Trails ofKaty Ln
Katy, TX 77494
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CASE: 0220-02
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Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact
the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades,
ue tienen la intencipn de asistir a esta iunta y que re uieren servicios es eciales se les su lice que den aviso 48
horas antes de la junta Ilamando al de artamento de servicios de desarroll❑ al numero 361 826-3240.
If you wish to address the Commission during the meeting and your English is limited, please call the Development
Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the
meeting. Si usted desea dirigirse a la commission durante la junta ysu ingl6s es limitado favor de Ilama_ral
departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar
un interprete ser presente durante la junta.
CITY PLANNING COMMISSION
PUBLIC HEARING NOTICE
Rezoning Case No. 0220-02
J3PV Investments,_LP. has petitioned the City of Corpus Christi to consider a change of zoning from the
"RM-AT" Multifamily AT District to the "RS-4.51PUD" Single-Family 4.5 District with a Planned Unit
Development, not resulting in a change to the Future Land Use Map. The property to be rezoned is
described as:
113 Porto Villageo Drive and described as Lots 8 through 11, Block 1, Lots 6, 7, 9, 10
through 15 and 17 through 21, Block 3, Porto Villageo, located along the east side of State
Highway 361, north of Beach Comber Drive, and south of Mustang Island Estates Drive.
The Planning Commission may recommend to City Council approval or denial, or approval of an
intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent
with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to
reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning
request to discuss and formulate a recommendation to the City Council. The public hearing will be held on
Wednesday, February_19, 2020, during one of the Planning Commission's regular meetings, which begins
at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public
hearing to express your views on this rezoning request. For more information, please call (3617 826-3240.
TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED
IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-
9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD.
NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of
this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in
person, by telephone call or by letter.
Printed Name: `!7 '- `
Address: 1` � -Pm
V 1� � City/State.
{ } IN FAVOR (AN OPPOSITION Phone:
REASON: D Lie SA YW �EE—pz� Taj P V1
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SEE MAP ON REVERSE SIDE / Case No- 0220-02
iNFOR Case No-: 20ZN1005 `'�t" �— Project Manager:Andrew Dimas
Property Owner ID: 8 N Email: AndrewD2 cctexas.com
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Development Services Dept,
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Corpus Christi,Texas 78469
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CLARK BRUCE AND CYNTHIA C
145 PORTO VILLAGIQ
PORT ARANSAS, TX 78373
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LOCATION MAP
Andrew Dimas [DevSvcs]
From: Steve Goolsby <sdgools@hotmail.com>
Sent: Monday, March 23, 2020 2:04 PM
To: Andrew Dimas [DevSvcs]
Subject: [EXTERNAL]Porto Villageo rezoning request
Follow Up Flag: Follow up
Flag Status: Flagged
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Dear Sirs,
I would like to address the request that has been made relevant to rezoning of vacant lots situated in the
Porto Villageo subdivision located on Mustang Island. First of all, let me inform you that I have not authorized
anyone to speak on my behalf. The letter that was sent to you by Crystan Copeland on behalf of the Porto
Villageo Owners Association indicated that she was writing "to express the community's support for J3PV
Investments, LP development plan....." I have not spoken to any property owner within the subdivision that is
supportive of this development plan. She further stated that at a HOA meeting that "the association was
hesitant at first due to having received numerous development plans in the past from developers which all
unfortunately fell through." I have owned my home for 11 years and I have never experienced any plans for
development because the property was already platted and recorded and developed prior to my purchase and
I did not detect any hesitance at the meeting relevant to this. I did detect, however, a degree of hesitance
directed toward this new plan which completely disregards the filed and recorded deed restrictions, or
covenants, that are in existence and which were in effect when we made our investment.
You see, I have been a real estate appraiser and consultant for 45 years and have testified as an Expert
Witness in numerous courts of law throughout the state of Texas for the last 40 years. When people acquire
real estate in fee simple they acquire certain owner's rights which are further protected by deed
restrictions. Therefore, I am of the opinion that the reason why all of the owners that I have spoken with are
concerned with this new development plan is due to the total disregard for the deed restrictions that were put
into place to protect our investment and our rights as owners. At the aforementioned meeting, the developer
was specifically asked if these new proposals relevant to the "cluster homes" were going to be zero lot lines
and the answer was "no, there will be distances of 8 to 10 feet between structures".
I have also attended two meetings at City Hall before the Corpus Christi Planning Commission with Chairman
Crull overseeing these hearings. The developer stated that when you drive into the subject subdivision there
will probably be a 1,000 SF residential structure next to an existing 1,700 SF structure, so it won't be a big
deal. I could probably agree with that if it was only applicable to this subdivision. However, I don't know of
any existing structure that only has 1,700 SF and then it was further expressed that it was their intention to
build some structures as small as 850 SF after we had been told in the HOA meeting that the smallest
structure was to be 1,000 SF. At the second planning commission, the representative from the city, the
developer's engineer and the developer were asked what is the minimum gross living area SF requirement in
1
the deed restrictions and each of them replied "1,400 square feet". Once again, this is not true. Our deed
restrictions explicitly require a minimum size of 1,500 SF of gross living area which is not inclusive of the
required garage space since parking in the streets is prohibited with the exception of construction vehicles
during periods of construction. If you will notice, the developer is also calling for a minimum parking
requirement. I would like to know how this can be policed with such a high density relevant to constructing
houses on 1,400 SF lots which also contradicts our 4,500 SF minimum lot size recorded in the deed
restrictions. We had also originally been told that the side setbacks would be 5 feet but that has now been
changed to 3 feet and the engineer stated that since the roof overhang is to be 2 feet there could be no
flooding of the houses next to the property. I had asked that very question relevant to flooding since my
property is proposed to be adjacent to some of these proposed new structures and that the developer was
proposing raising the elevation considerably. I was told that it was against the law to flood adjoining
properties and the city representative also expressed that opinion to the commission at our first meeting. I
told the commission that it is real hard for me to rest assured that nothing like this would occur since we all
know that NO ONE ever breaks the law! However, I have been flooded before and I can assure you that "the
law" does not offer much assurance after you have been flooded.
I would just like to close by telling you that I am not opposed to new construction in our neighborhood but I
am greatly concerned by the inconsistencies that I have witnessed so far. I also think that your
recommendations could actually be advantageous for all those concerned. I have previously served for
several years on the Zoning Board of Adjustments for a city in North Texas; therefore, I am confident and
positive that something can be resolved that would protect everyone's interest, including property owners
and the developer.
Thank you for your consideration,
Steve Goolsby
122 Villa Pamplona
2
PUBLIC COMMENT/INPUT FORM
City of Corpus Christi
Enter either "City Council" or the name of the City Board: CITY COUNCIL
DATE OF MEETING (mm/dd/yy): 04/21/20
NAME: Manuel and Iliana Diaz
ADDRESS: 6506 Villa Soria
CITY: Corpus Christi STATE:TX ZIP:
TOPIC:J3PV INVESTMENT LP REZONING REQUEST TO CHANGE TO PUD
AGENDA ITEM NUMBER (if applicable):
If no agenda item is specified,then this will be considered a general public comment and not a public hearing.
I was surprised to see a letter from the Association indicating how happy we are with the proposed changes.
In case you do not know the Association is controlled by the developers.All Board members were selected by
the developers.There is absolutely no one representing the house owners.The few residents (developer owns
most of the lots) are not happy with the proposed changes. Anything that comes from the Porto Villageo
Owners Association simply should be read as the opinion of the developer.
In all my years as a civil engineer I have seen all kinds of developers but never one that is not willing to reach a
consensus with the neighbors. In paper,the proposed changes may look very good for the City as a high-
density development could bring more taxes to the City. What the developer has failed to tell you is that one
of the sections they are proposing to develop is a pond (see Figures 1 and 2). Yes, I know, that proper
engineered foundations can be developed but just selecting that type of site is inviting trouble. Would the City
be responsible for all the foundation issues that may arise 10 years from now when the developer is gone?
Proper settlement of that area will take years. I do not think this developer is planning to wait several years.
Since this is the same developer that has decided (as part of the Association that he owns) not to pay the
insurance to have carts using our walkway to the beach (which has been used for that purpose for many years
Wit"
+ °4
o
Figure 1. Aerial view of Porto Villageo. Figure 2. Proposed Development
without any issues) I can only imaging the type of foundations the developer will be willing to pay. Even
though not clearly described in the proposal by the developer the pond area will also be mix used
development with access roads. Would the City maintain those access roads after the developer leaves?
Another questionable situation that will be created by the proposed development is that according to the
coastal flooding plans the worst path that a flood will follow will exactly be through the high-density proposal.
I believe most of it is a zone V which according to FEMA cannot have fill material used to support the
structures. Has the developer provided any plans to mitigate the effect of coastal flooding that instead of
affecting one house may now,with the proposed high-density development, affect four to six families?The
pond is in a zone V therefore construction over fill should not be permitted.
Has the developer included a study of the runoff effect the proposed rezoning will have in the area? Most
cities are trying to move away from these types on massive developments an embracing a more sustainable
development. Any development like the one being proposed will have a negative impact on the environment.
The impervious area will be high as yards are being reduced to almost nothing. I do not think the City of
Corpus Christi, with their emphasis on sustainability, wants a project like this.
In my opinion, the developer should have checked the existing covenants for the area before investing. At this
point it seems that the developer is trying to bully his or her way through. A compromise could be that lots
should not be smaller than 4500 square feet, all houses should have yards to absorb runoff and avoid erosion
issues, and the construction type should remain as is, tile roofs and stucco walls, to maintain the integrity of
the neighborhood and the value of our homes.
Manuel Diaz, P.E., Ph.D. 3/31/2020
W .Z416
Iliana Diaz 3/31/2020
Andrew Dimas [DevSvcs]
From: Elisa Verratti <everratti@gmail.com>
Sent: Sunday,April 5, 2020 11:40 AM
To: Andrew Dimas [DevSvcs]; andrewdimas2@cctexas.com
Cc: Dave Verratti
Subject: [EXTERNAL]Opposition to rezoning of and development proposal for Porto Villageo
Follow Up Flag: Flag for follow up
Flag Status: Flagged
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Mr Dimas,
As owners of the property of 129 Porto Villageo, we vehemently oppose the proposed
changes for a number of reasons.
Their public notification slide is misleading for 2 reasons.
The single vote in favor of the proposal is the HOA. The management company running
the HOA was hired by the developers to create this HOA after they purchased the land in
our subdivision. For them to say that the members of the HOA approve the proposal is
misleading at best and likely a conflict of interest. No-one at the HOA was authorized to
speak for us as our representative or to state that they had our approval for sending the
letter. There is not a single homeowner I've spoken to who actually approves of this
proposal. This same HOA has just now started repairs to the boardwalk and pool area
that have been needed since Hurricane Harvey in 2017, even after they had us pay new
HOA dues in 2018. The timing of these repairs is suspiciously convenient for them, and it
is unclear to me if they are really concerned about the best interests of the homeowners
they claim to represent.
Saying that there were only 2 opposed for 0.0874% is also misleading. The notification
area only includes 7 of the 9 homeowners in the development. The rest of the
notifications are currently vacant lots, protected wetland, or highway! This means they are
counting 26 "properties" unrepresented by people who actually live in or own houses in
the subdivision. Making this calculation based on square footage alone (which is what it
appears to be) diminishes the opinions and concern of actual residents and owners in
comparison to empty lots and unusable space. This is a manipulation of data purely for
the developer's self interest. People who have invested money and time in actual homes
here should be given more respect, and their opinions should be given more weight than
the padded numbers they have created with vacant lot "approval".
We are very concerned about this new development that completely disregards the deed
restrictions that were in place when we bought the property. Large, single family stucco
houses, with garages and tile roofs, distinct requirements for building setback and
separation were a huge deciding factor for our choice to buy this property. This is one of
the few neighborhood with these qualities. If we wanted to buy a tiny house in a cluster
village of look-alikes, we could have had dozens of neighborhoods to choose from and
purchased at a much lower price point. We believed the deed restrictions and HOA
requirements would protect our investment and the unique appeal of the subdivision, but
these proposed changes would destroy all of those desirable aspects of this subdivision
and devalue our existing houses significantly.
Our house is currently the smallest in the neighborhood, with just over 2500 square feet of
living space on a lot of 5000 square feet. The minimum restrictions say that the interior
dimensions should be no less than 1500 square feet of livable space. To say that these
new structures with 1400 square foot LOTS would "fit in just fine" next to a 2500 square
foot house is simply ridiculous. One of those lots would be right next to our property, and
would be completely dwarfed by our house. With the proposed zero lot lines and largely
paved property, the runoff could easily cause flooding of our house. The lack of height
restrictions is also concerning, as that can easily be abused.
We are not opposed to new development, but we would like our investment and our deed
restrictions to be respected. This proposal is not respectful of any of that. The developers
have not been straightforward with their proposal process, as you can see from
comments sent by other residents who were actually able to attend all the meetings. We
hope that J3PV Investments will take their ideas back to the drawing board and come up
with an idea that is not completely dismissive of the concerns that we all have.
Please feel free to contact us if you have any questions or concerns.
Thank you,
Elisa and David Verratti
129 Porto Villageo
everratti(a-)-gmail.com
512-608-5551
dverratti(a-)-g mail.com
512-517-0341
z
Mr. Dimas,
Thank you for taking my letter and giving it your consideration.
City Council
City of Corpus Christi
April 21, 2020
Jonathan Rogero, Lot Owner
105 Porto Villageo, Lot 12, Block 1, Porto Villageo, Corpus Christi
Matter: J3PV Investment LP Rezoning Request to Change to PUD.
Hello, my name is Jonathan Rogero, and I own lot 12 in the Porto Villageo subdivision. I would
first like to extend my thanks to the council for allowing me this forum to discuss the current
proposed PUD changes in my neighborhood. I'll start by saying that I am adamantly opposed to
all aspects of the proposed changes. The city has already heard from many of my neighbors (if
not all of them), that we the taxpayers and people who live in the area day in and day out, were
not adequately informed or consulted with about how these changes would affect us. My
neighbors have brought to light some very important technical deficiencies in the thought
process and proposed execution of these changes, so I will approach my concerns on a more
basic level.
About a year ago, I began my search for the perfect spot to build a place that my whole family
could gather. My parents are getting up in age, my kids have kids, and I want to make sure that
we capture all of the special moments that come with this period in our lives. What better way
to get together, then to build a robust beach house in a quaint, quiet, beautiful little
neighborhood. Of course I understood that rental properties are just a way of life in Port
Aransas/Corpus, so I looked for a spot where the homes were of such a value, and size that they
would attract families and not your typical spring breakers or to be blunt, kids whose parents
rented them a party cottage.
I settled on Porto Villageo, because it met these criteria and it had some extra amenities such
as a pool and a cart path to the beach. During my first tour of the land, I was told by a current
resident that the PUD was not very involved in keeping up the place, but having been a
carpenter for much of my youth, I was willing to do some work myself if it bettered the
community, and so I made my purchase and immediately employed an architect to begin
design on my families dream house.
You can imagine my surprise when I was notified of the intended changes coming from the
absent landlord. Pretty much everything they want to do slaps in the face my reasoning to buy
in the community, not to mention the incredible loss of property value that will occur.
My basic concerns are the following:
1. Neighborhood density—The proposition will severely increase population at any given
time. The neighborhood layout was never designed contemplating this kind of increase
in population
2. Parking—On street parking creates a safety issue for children, and the stalls proposed
would be not be wide enough to keep vehicles from being undamaged.
3. Drainage — I am not an engineer, but I know for a fact, that the proposition will change
how drainage flows, and on top of that they are enclosing a pond that I'm pretty sure
causes environmental issues of run off and wildlife concerns.
4. Lot size and setback— In choosing my homesite, I made a purchasing decision based on
lot size. I paid more than I might have elsewhere because I knew we would all be held to
a minimum size house sitting on large adequate lots.
5. Quality of Life—Along with the technical reasons this is a bad proposition, I chose to live
in this neighborhood to obtain a certain quality of life for my family. What they are
wanting to do violates that for all of us who love our property. We are excited every
time a new home goes up because currently, it is held to a standard that we all have
agreed lends itself to the quality of life we want for our families.This proposition will
dramatically change that.
As I stated before, my neighbors have done an excellent job of laying out the issues from a
technical level. My plea is on a human level. The way this was designed, contemplated, and
shoved at us is just wrong and will have a huge impact on our community.
For all of the reasons above, and many more I Jonathan Rogero owner for lot 12 in the Porto
Villageo subdivision, am very opposed to J3PV Investment LP Rezoning request to change to
PUD.
Thank you very much for your consideration and allowing us a platform to express our opinions.
Having owned to homes in Corpus Christi, as a taxpayer both business and residential, I
appreciate all you do.
Sincerely,
Jonathan Rogero
President
Alpha Building Corporation
jrogero@alphabuilding.com
Andrew Dimas [DevSvcs]
From: captmiggs@aol.com
Sent: Tuesday, March 24, 2020 10:04 AM
To: Andrew Dimas [DevSvcs]; captmiggs@aol.com
Subject: [EXTERNAL]Input Form for 04/21/20 City Council Meeting
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Andrew Dimas,
Enclosed is our form for consideration at the 04/21 City Council Meeting.
Thank you,
Laurie and Bill Miggins
PUBLIC COMMENT/ INPUT
FORM City of Corpus Christi
Enter either"City Council" or the name of the City Board: CITY COUNCIL
DATE OF MEETING (mm/dd/yy): 04/21/20
NAME: LAURIE AND BILL MIGGINS
ADDRESS: 101 PORTO VILLAGEO DRIVE
CITY: Port Aransas STATE: TX ZIP: 78373
TOPIC: J3PV INVESTMENT LP REZONING REQUEST TO CHANGE TO PUD
We are concerned that the proposed changes in Porto Villageo will ultimately decrease the market value of our home.
Our specific concerns are:
1) The lot setbacks have been changed from 5 or 10 ft to "zero lot lines"
2) The increased parking density will cause potential dangerous situations. Fire trucks, ambulances, and garbage
trucks will be unable to navigate the streets.
3). The lot sizes have changed from 4500 sf to 1400 sf.
Overall, we are not opposed to the idea of the PUD's. However, we are opposed to the number of small 800 square
foot unattractive boxes they propose to build, without regard to the above.
Maybe if each PUD contained one less small building, then the 10 ft set back could be complied with, and the 800
square foot structures and lots could be larger.
Another suggestion may be an open parking area or even better a 1 car garage under the smallest buildings which
would make them look larger and relieve some of the parking issues.
1
Public Comment/Input Form
City Council
William Kevin Pitchford
14493 SPID, Ste A, PMB 441
Corpus Christi, TX 78418
Subject: J3PV Investments LP Re-zone request for Porto Villageo
Date of Meeting:April 21, 2020
Dear City Council Members,
I am a property owner in the Porto Villageo subdivision - (Lot 8, Block 3) in which J3PV Investments is requesting a
zoning change to a PUD.
While I am not opposed to a zoning change to a PUD,the scope of the proposed changes are unacceptable. I am
opposed to the following:
1) Reducing the lots to "Zero Lot Lines"
2) Eliminating front and rear setbacks
3) Reducing lot size down to 1400 sq. ft.
4) Dwellings with no garages and no designated off street parking
I am especially concerned about the parking situation. Homes without garages and no designated off-street parking will
result in cars parked everywhere making access for fire/rescue vehicles difficult!
This condition will be made worse by the fact that these units will be approved for short term rentals and will most likely
result in multiple individuals sharing a unit along with multiple cars per unit.
In closing, I urge you to not approve this zoning change in its current form.
Thank You,
44-Z
William Kevin Pitchford /
Andrew Dimas [DevSvcs]
From: Katie LaQuey <katielaquey@gmail.com>
Sent: Monday, March 30, 2020 8:09 PM
To: Andrew Dimas [DevSvcs]; Cindy Clark
Subject: Porto Villageo - City Council Meeting 4/21 PUBLIC COMMENT/ INPUT FORM CORRECTED
Attachments: Public Comment Form Porto Villageo.pdf
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Andrew,
*** SEE ATTACHED CORRECTED PUBLIC COMMENT FORM FOR CITY COUNCIL MEETING ON 4/21 ****
We are opposed to the proposed changes to Porto Villageo. We are concerned that the changes are not in
keeping with the current style and will significantly decrease the market value of our home.
We do not oppose new development in our neighborhood but we would like to request that all building is kept
to the same standards as the current homeowners who have already invested so much in this community.
When we built our home three years ago we were REQUIRED to follow specific rules on construction including
but not limited to a stucco exterior and tile roof. Both of which, we paid a large premium for. At the time that we
invested in this community we had no way of knowing that someone would come in to the neighborhood and
try to change the building standards and lot size so drastically.
We request that future construction follows the rules we had to follow when we bought and built in the
neighborhood. The current lot size, home size, and building specifications should remain consistent to protect
the home values of the current residents. We have invested a great deal of money in our Porto Villageo home
investments and it would be devastating for the homeowners to lose property value.
These zero lot line tiny homes belong in a neighborhood where that is the overall style. Our lot is 9588 square feet
and the proposed development is suggesting a 1400 square foot lot size. This is an outrageous proposal and
we request that the lot size stay at a minimum 4500 square feet in keeping with the current neighborhood
requirements.
Sincerely,
Trey and Katie LaQuey
469-231-2264
6501 Villa Castellon Dr
Port Aransas,TX 78373
2-
KATIE
LAQUEY I Cell: 469-231-2264 1 www.LeadingEdgeTX.com
1
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Each office independently owned and operated.
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estate please reach out to me! I would love to take care of them for you!
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Sent from my iPhone
2
February 11, 2020
To whom it may concern,
On behalf of the Porto Villageo Owners Association I am writing this letter to express the
community's support for J3PV Investments, LP development plan within the Porto Villageo
Owners Association. On Wednesday, February 5, 2020 Porto Villageo Owners Association held
their annual meeting for the 2019 year. At this meeting J3PV Investments, LP provided the
owners within the association their development plan. Present in person or via conference call
were 43 out of 55 lot owners. The association was hesitant at first due to having received
numerous development plans in the past from previous developers which all unfortunately fell
through. Following the annual meeting the association was full of excitement and hope for their
community for the first time in many years.
The association is pleased to endorse the proposed development plan by J3PV
Investments, LP. If approved, this development plan will greatly and significantly impact the
association in a positive manner. The association believes the development plan is required for
the success of their community and they have extreme confidence in the fact that J3PV
Investments, LP can achieve this goal timely and efficiently. The association hopes to gain your
support for this project as well.
If the association can provide additional information to encourage your consideration of
this project please feel free to contact me at 512.620.7081.
Most sincerely,
Crystan Copeland on behalf of Porto Villageo Owners Association
Community Association Manager
Crystan.copelandgfsresidential.com
Office: 512.620.7081
Cell: 361.463.9473
000
FirstService
RESIDENTIAL
Porto Villageo, P. U . D.
Corpus Christi, Texas
Owner/Developer
J3PV Investments, LP
Submitted by
Urban Engineering
January 15, 2020
URBsAIM
ImAy L ti3irryEEFI+N0
TBPE Firm#145 TBPLS Firm#10032400
2725 Swantner Drive, Corpus Christi, Texas 78404
Phone: (361)854-3101 Fax: (361) 854-6001
Porto Villageo, P. U . D.
Corpus Christi, Texas
Development Description:
The developer is proposing re-platting 18 existing single family lots into
24 single family residences as a reconfiguration of a portion of the
existing subdivision. A re-plat of the property will encompass Lots 8
through 11, Block 1, Lots 6, 7, 9, 10 through 15 and 17 through 21, Block
31 Porto Villageo. The re-development will utilize existing public
roadways and sidewalks for access. This development will complement
existing developments in the area.
Location Map:
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Development Standards per
City of Corpus Christi Unified Development Code
Minimum Lot Area—4,500sf
Minimum Lot Width—45'
Minimum Street Yard—20'
Minimum Street Yard (Corner)—10' when back to back lot
Minimum Side Yard—5'
Minimum Side Yard (Total)—10'
Minimum Rear Yard—5'
Minimum building separation—10'
Minimum Open Space—30%
Maximum Height—35'
Required Parking: - 2 per unit
Curb Type—6" Curb and Gutter
Sidewalks—5' on each side
Paved Street Width—28'
PUD Requirements
Minimum Lot Area—1,400sf
Minimum Dwelling Width (Shared parking)—17' along cul-de-sac, 25' at yard requirement
Minimum Street Yard—10'
Minimum Street Yard (Corner)—10'
Minimum Side Yard—0'
Minimum Side Yard (Total)—0'
Minimum Rear Yard—0'
Minimum building separation—0'
Minimum Open Space—30% (85% provided)
Maximum Height—None
Required Parking: - 2 per unit (71 provided)
Curb Type—Existing 6" Curb and Gutter
Sidewalks—Existing 4'wide sidewalks (4'Tied Sidewalks will be provided adjacent to shared parking)
Paved Street Width—Existing Asphalt Paving 28'
Development Guidelines
For Residential Lots
Use—Single Family Residential
Lot Area — Minimum 1,400sf
Lot Width— 17' along cul-de-sac, 25 lot width
Yard Requirements:
Street: 10'
Street corner: 10'
Side Yard: 0'
Maximum building Height: None
Minimum Building Spacing: 0'
Parking Requirement Per Unit: 2 per unit (71 provided)
Maintenance: Lot Owner and Home Owners Association
Allowed Improvements: Residential structures, support structures including decks, porches,
pavement, fencing, landscaping, etc.
Placement of Improvements: Within limits of Individual Lots and setbacks and outside of
easements with exception of fences, paving and landscaping.
Short Term Rentals: Allowed, specific language will be described in HOA document
Development Guidelines
For Common Area Lots
Use— Non-residential Structures for enjoyment and benefit of Porto Villageo, P.U.D.
Community
Lot Area — N/A
Lot Width— N/A
Yard Requirements:
Street: N/A
Street corner: N/A
Side Yard: N/A
Maximum building Height: None
Minimum Building Spacing: As required per International Building Code
Parking Requirement: 0 spaces
Maintenance: Home Owners Association
Allowed Improvements: Community structures/amenities, including decks, porches, pavement,
fencing, landscaping, utilities, swimming pools, gazebos, etc.
Placement of Improvements: Within limits of Individual Lots and setbacks and outside of
easements with exception of fences, paving and landscaping.
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Aerial with Subject Property `
Subject
Prop er[y SUBJECT
PROPERTY
Corpus C hrisd Bay
I
Map Scale:1:2,400 C�of
LOCATION ASAP ChesPT ..
Zoning Case #0220-02
J3PV Investments, LP.
Rezoning for a Property at 113 Porto Villageo Drive
From "RM-AT" To "RS-4.5/PUD"
{
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y
- Vicinity Map
i
City Council
April 21, 2020
Aerial Overview
SUBJECT
PROPERTY
-'VILLA CASTELLON DR
Zoning Pattern
4
SUBJECT
PROPERTY
3
PUD Deviations
Dimensions "RS-4.5"District
Minimum Standards ...
Minimum Open Space25% 45% No
Minimum Lot Width 45 ft. 17 ft. Yes
Minimum Lot Area 4,500 square feet 1,400 square feet Yes
Minimum Front Setback 20 ft. 10 ft. Yes
Minimum Street Corner 10 ft. 10 ft. No
Minimum Side Yard 5 ft. 0 ft. Yes
Minimum Rear Yard 5 ft. 0 ft. Yes
Minimum Building Separation 10 ft. 0 ft. Yes
Maximum Building Height 35 ft. None Yes
Sidewalks 5 ft.both sides 4 ft.existing(tied) Yes
INTITIT, 50 ft. 50 ft. No
Paved Street Width 28 ft. 28 ft. No
6 in.curb&gutter 6 in.curb&gutter No
Parking Requirement 2 spaces per unit 2 spaces per unit No
PUD Concepts
r ,
LAND USF7SIIMMARY
,c—
1Co200 30D�40.0 .
SCALE IN FEET "
PUD Concepts
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PUD Concepts
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Porro
Planning Commission
and Staff Recommendation
Approval of the
"RS-4.5/PUD" Single-Family 4 .5 District
with a Planned Unit Development
PUD Conditions
1 . Planned Unit Development Guidelines and Master Site Plan:
The Owners shall develop the Property in accordance with Porto
Villageo Planned Unit Development (PUD) Guidelines and Master
Site Plan and with a condition that the side yard setback shall be
3 feet where the PUD adjoins lots that are not part of the
development.
2. Other Requirements: The PUD conditions listed herein do not
preclude compliance with other applicable UDC and Building and
Fire Code Requirements.
3. Time Limit: This Planned Unit Development (PUD) shall be
compliant with Section 3.5.9. of the Unified Development Code
(UDC).
Public Notification
35 Notices mailed inside 200' buffer \
4 Notices mailed outside 200' buffer
8
Notification Area CR-2
36 SUBJECT
OPERTY
Opposed: 10 (8.14%) 'T
z �
q �O 31
3 4
30
RM-AT PQ 43
16 ]1
6 r`�
OGFO
In Favor: 1 VILLA CASTEL N DR
(HOA) 1, 17 16 5
ze
1d 45 31 3
9
Utilities
Water:
Port Aransas WCID #4
rl Wastewater:
Port Aransas WCID #4
L su
i RM-AT Li
PROPE
G3 'S,� l///111'
ILLAW iF R Vas•
5 N/A
Storm Water:
Roadside Inlets
b
�s
so
�o
o� A
P
v AGENDA MEMORANDUM
µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 04/21/20
1852 Second Reading Ordinance for the City Council Meeting 05/12/20
DATE: March 9, 2020
TO: Peter Zanoni, City Manager
FROM: Al Raymond, AIA, Director
Development Services Department
AlRaymond@cctexas.com
(361) 826-3575
Rezoning a property at or near 5506 Cain Drive
CAPTION:
Zoning Case No. 0220-04, Nazari Mohammad Rezaei (District 3). Ordinance rezoning property
at or near 5506 Cain Drive from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood
Commercial District.
SUMMARY:
The purpose of the zoning request is to allow for the construction of a professional office
(Surveying Company) with an attached storage garage.
BACKGROUND AND FINDINGS:
The subject property is 0.91 acres in size. According to the applicant the purpose of the request
is to construct a professional office (Surveying Company) with an attached storage garage.
Conformity to City Policy
The subject property is located within the boundaries of the Southside Area Development Plan
and is planned for mixed uses. The proposed rezoning to the "CN-1" Neighborhood Commercial
District is inconsistent with the adopted Comprehensive Plan (Plan CC). However, the proposed
use is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an
amendment to the Future Land Use Map. The 1989 Southside Area Development Plan
specifically addresses limiting further commercial expansion into the Gardendale subdivision.
However, the proposed use of a professional office with an attached storage garage is compatible
with the adjoining residential properties and will not have a negative impact upon the adjacent
properties. The subject property is not located at a major intersection and only has access to a
"Local" street. Additionally, traffic generated by the use will route through a residential
neighborhood. However, the proposed use of a professional office generates little traffic impact
to the neighborhood. The generated traffic by the proposed use will generally be associated with
the employees of the business. This case was originally presented to the Planning Commission
on February 19th, 2020 with a staff recommendation of denial. After review and deliberation, the
Planning Commission voted to table the case so a Special Permit could be drafted to allow the
use of a professional office.
Public Input Process
Number of Notices Mailed
13 within 200-foot notification area
5 outside notification area
As of February 28, 2020:
I n Favor In Opposition
0 inside notification area 0 inside notification area
0 outside notification area 0 outside notification area
Totaling 0.00% of the land within the 200-foot notification area in opposition.
Commission Recommendation
Planning Commission recommended denial of the change of zoning from the "RS-6" Single-
Family 6 District to the "CN-1" Neighborhood Commercial District in lieu thereof, approval of the
"RS-6/SP" Single-Family 6 District with a Special Permit with conditions on March 4, 2020.
ALTERNATIVES:
1. Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1"
Neighborhood Commercial District.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
RECOMMENDATION:
Staff recommends denial of the change of zoning in lieu thereof, approval of a Special Permit.
Planning Commission recommends denial of the change of zoning from the "RS-6" Single-Family
6 District to the "CN-1" Neighborhood Commercial District in lieu thereof, approval of the "RS-
6/SP" Single-Family 6 District with a Special Permit with conditions with following vote count.
Vote Count:
For: 9
Opposed: 0
Absent: 0
Abstained: 0
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation - Aerial Map
Planning Commission Final Report
Zoning Case No. 0220-04, Nazari Mohammad Rezaei (District 3).
Ordinance rezoning property at or near 5506 Cain Drive from the "RS-6" Single-
Family 6 District to the "CN-1" Neighborhood Commercial District.
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the Planning Commission during which all interested persons were allowed to
appear and be heard;
WHEREAS, the Planning Commission has forwarded to the City Council its final
report and recommendation regarding the application for an amendment to the City of
Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map;
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the City Council, during which all interested persons were allowed to appear
and be heard;
WHEREAS, the City Council has determined that this rezoning is not detrimental
to the public health, safety, or general welfare of the City of Corpus Christi and its citizens;
and
WHEREAS, the City Council finds that this rezoning will promote the best and most
orderly development of the properties affected thereby, and to be affected thereby, in the
City of Corpus Christi.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning
Map of the City of Corpus Christi, Texas is amended by changing the zoning on the
subject property described as Lots 12A and 12B, Block 6, Gardendale as shown in Exhibit
«A,,:
from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial
District.
The subject property is located at or near 5506 Cain Drive. Exhibit A, which is a map of
the subject property attached to and incorporated in this ordinance.
SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective
July 1 , 2011 and as amended from time to time, except as changed by this ordinance,
both remain in full force and effect including the penalties for violations as made and
provided for in Article 10 of the UDC.
SECTION 3. To the extent this amendment to the UDC represents a deviation from the
City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC,
as it is amended by this ordinance.
SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of
the subject property that are in conflict with this ordinance are hereby expressly repealed.
SECTION 5. A violation of this ordinance, or requirements implemented under this
ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of
the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of
Ordinances.
SECTION 6. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. This ordinance shall become effective upon publication.
Page 2 of 4
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
That the foregoing ordinance was read for the second time and passed finally on this
the day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
PASSED AND APPROVED on this the day of , 2020.
ATTEST:
Rebecca Huerta Joe McComb
City Secretary Mayor
Page 3 of 4
Exhibit A
r'
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6 ry'
l l 5 Cl
Gl
11
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o=v �OryNFRd� q y4�
RS-6 �
CG-2
SL ECF
PROPERTI�
CG-2
e
RS-6
SPI14.01
C e1
RS-6
N-2 y
"
0
ryA.
G Q� CG-2
RM-3 Ca
CN-1
�.srear :vas o
0 400 800 Prey HYM
/�
ee[ Lleparbnent ou'Oevelopmen
CASE. 02'J2'J 0-04
SUBJECT PROPERTY WITH ZONING
bjeC hr° .
® PYoperiSuy 5bkr
RM-1 MoltHamayl IL Lighthdostrial SUBJECT
RM-2 Maltlfamur2 " Heavynd-t-I ROPERTY
RM-3 M.tifam ily3 Pu[) Planned UJ it tlev.0ver1ay gf
ON Prates si ooa l Office RS10 Single-Fam i ly 10
RM-AT Mo ltlfam lly AT 14S6 Single-Family6
CN.1 Neighb—I—dCommercal IRS 4.5 Single-Fam lly 4.5
CN-2 Neighborhood Cammerc®I IRS TF Two-Family
CR-1 Resort Commercial RS15 Siagle-Fam ily 15
CR-2 Resort Camme mial RE Resid-tuI Estate y
CG2 Ge renal C--12I RSTH Towrin.nuse d�
C62 Ge neralCommerc el SP Special Permit C
CI nde_i Commerce) RV Recreational Vehitle Park W
CBD D— ..ntCammerclal R'MH Manu factored
CR1 Resort Camme rc ial
FR Farm Ronal
H Hktoric Overlay v Crty 6f
k3P Busi�ress Pari Map Scale:1:2,400 LOCATION MAP
Christi
Page 4 of 4
Zoning Case No. 0220-04, Nazari Mohammad Rezaei (District 3).
Ordinance rezoning property at or near 5506 Cain Drive from the "RS-6" Single-
Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit.
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the Planning Commission during which all interested persons were allowed to
appear and be heard;
WHEREAS, the Planning Commission has forwarded to the City Council its final
report and recommendation regarding the application for an amendment to the City of
Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map;
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the City Council, during which all interested persons were allowed to appear
and be heard;
WHEREAS, the City Council has determined that this rezoning is not detrimental
to the public health, safety, or general welfare of the City of Corpus Christi and its citizens;
and
WHEREAS, the City Council finds that this rezoning will promote the best and most
orderly development of the properties affected thereby, and to be affected thereby, in the
City of Corpus Christi.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning
Map of the City of Corpus Christi, Texas is amended by changing the zoning on the
subject property described as Lots 12A and 12B, Block 6, Gardendale as shown in Exhibit
«A,,:
from the "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District
with a Special Permit.
The subject property is located at or near 5506 Cain Drive. Exhibit A, which is a map of
the subject property attached to and incorporated in this ordinance.
SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the
Owner following the conditions listed below:
1. Uses: The uses authorized by this Special Permit are all uses permitted by right
in the "ON" Neighborhood Office District, including an accessory garage for the
purpose of storage.
2. Hours of Operation: The hours of operation shall be daily from 6:00 AM to 10:00
PM.
3. Buffer Yard: A Type B Buffer Yard as defined by Section 7.9.5.A of the Unified
Development Code (UDC) shall be required where the subject property shares a
property line with a residential zoning district and/or residential use.
4. Signage: No pole-mounted signage is allowed on Cain Drive.
5. Outdoor Storage: Any outdoor storage is prohibited.
6. Lighting: All lighting must be shielded and directed away from adjacent properties
and nearby streets. Cut-off shields are required for all lighting. No light projection
is permitted beyond the property line.
7. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code.
Outside paging, speakers, telephone bells, or similar devices are prohibited.
8. Other Requirements: The Special Permit conditions listed herein do not preclude
compliance with other applicable UDC, Building, and Fire Code Requirements.
9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to
have expired within forty-eight (48) months of this ordinance, unless a complete
building permit application has been submitted, and the Special Permit shall
expire if the allowed use is discontinued for more than six consecutive months.
SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective
July 1 , 2011 and as amended from time to time, except as changed by this ordinance,
both remain in full force and effect including the penalties for violations as made and
provided for in Article 10 of the UDC.
SECTION 4. To the extent this amendment to the UDC represents a deviation from the
City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC,
as it is amended by this ordinance.
SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of
the subject property that are in conflict with this ordinance are hereby expressly repealed.
SECTION 6. A violation of this ordinance, or requirements implemented under this
ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of
the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of
Ordinances.
SECTION 7. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. This ordinance shall become effective upon publication.
Page 2 of 4
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
That the foregoing ordinance was read for the second time and passed finally on this
the day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
PASSED AND APPROVED on this the day of , 2020.
ATTEST:
Rebecca Huerta Joe McComb
City Secretary Mayor
Page 3 of 4
Exhibit A
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yQo
Rs-6
CG-2
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PROPERTY
CG-2
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RS-6
SP/74.07
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CN-7
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eet Oeyarbnent ou'Oevelopmen fl�5e
CASE: 4224-44
SUBJECT PROPERTY WITH ZONING
9R
® Sll��
PYoperdy
RM-1 MultitamilyI IL Light hduslrial 4 SUBJECT
RM-2 Multifam ily2 H Heavy hduM.I ,�0 ROPERTY
RM-3 Multit.m ily3 PUD Plan ned uJ it De Overlay
ONProf.s siona l Of'ice RS 10 Single-Family 10
RM"Multlfamlly AT RS6 Single-FamiF,6
CN-1 Neighborhood Commercul R".5 Singly Fam lly45
CN-2 Neig.hhorhood Com—ial RS TF Two-Family
CR-t Resort Commercial RS 15 Single-Family 15
CR-2 Resort Commercial RE Residential Estate
CG7 Ge neral C—...i.I RSTH T—house ,t$
CG2 GeneralCmrmercal Sp 5pesial Penn it 4 R
CI htensive Commere®I RV Rwreati...I Vehide Park
c Dow ntown Commer.lal RMH Manu facto re d Han.
CR3 Resort fanme inial - u' T W ���
FR F.—Rural
H Historic Overlay CI•'
DP Business Park Map Scale:7:2,400 LOCATl�N MAP Corpus
CklrlSh
Page 4 of 4
PLANNING COMMISSION FINAL REPORT
Case No. 0220-04
INFOR No. 20ZN1003
Planning Commission Hearin Date: February 19, 2020
r- Owner: Nazari Mohammad Rezaei
aa�� Applicant: Nazari Mohammad Rezaei
Location Address: 5506 Cain Drive
5_06
0 Legal Description: Lots 12A and 12B, Block 6, Gardendale, located along the
o north side of Cain Drive, west of South Staples Street, and east of Burton Lane.
From: "RS-6" Single-Family 6 District
To: "CN-1" Neighborhood Commercial District
'E s Area: 0.91 acres
N
Purpose of Request: To allow for the construction of a professional office
(Surveying Company) with an attached storage garage.
Existing Zoning District Existing Future
Land Use Land Use
Site "RS-6" Single-Family 6 Vacant Medium Density
Residential
Low Density Low Density
.E ? North "RS-6" Single-Family 6 Residential Residential
0
N "RS-6/SP" Single-Family 6 Low Density
M South with a Special Permit Commercial Residential
LU East "RS-6" Single-Family 6 Professional Office Commercial
West "RS-6" Single-Family 6 Low Density Low Density
Residential Residential
Area Development Plan: The subject property is located within the boundaries
of the Southside Area Development Plan and is planned for a medium density
06 u, residential use. The proposed rezoning to the "CN-1" Neighborhood Commercial
o District is inconsistent with the adopted Comprehensive Plan (Plan CC).
2 4 a However, the proposed use is generally consistent with the adopted
a o Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land
QUse Map.
Map No.: 043035
Zoning Violations: None
° Transportation and Circulation: The subject property has approximately 130
feet of street frontage along Cain Drive which is designated as a "Local /
0 Residential" Street. According to the Urban Transportation Plan, "Local /
a
N Residential" Streets can convey up to a capacity of 500 Average Daily Trips
(ADT).
Staff Report
Page 2
Urban Proposed Existing Traffic
Street Transportation Plan
L O
Type Section Section Volume
Cn Cain Drive "Local / Residential" 50' ROW 60' ROWN/A
25' paved 22' paved
Staff Summary:
Requested Zoning:
The applicant is requesting a rezoning from the "RS-6" Single-Family 6 District to the "CN-
1" Neighborhood Commercial District to allow forthe construction of a commercial business
with a warehouse.
Development Plan:
The subject property is 0.91 acres in size. According to the applicant, the proposed use
will be a single story office building 4,640 square feet in size. Within the office building will
be a 2,880 single story warehouse. The business will have 18 permanent and part-time
employees and will operate between the hours of 8:00 am to 5:00 pm Monday through
Friday.
Existing Land Uses & Zoning:
The subject property is currently zoned "RS-6" Single-Family 6 District, consists of vacant
land, and was the site of a former single-family home annexed in 1954. To the north and
west is a single-family home subdivision (Gardendale; 1940) zoned "RS-6" Single-Family
6 District. To the south is a mini-storage business zoned "RS-6/SP" Single-Family 6
District with a Special Permit (2014). To the east is a professional office park zoned "CN-
1" Neighborhood Commercial District.
AICUZ:
The subject property is not located in one of the Navy's Air Installation Compatibility Use
Zones (AICUZ).
Plat Status:
The property is platted.
Utilities:
Water: 6-inch CIP line located along Cain Drive.
Wastewater: 8-inch VCP line located along Cain Drive.
Gas: 2-inch Service Line located along Cain Drive.
Storm Water: Roadside inlets located along Cain Drive.
Plan CC & Area Development Plan Consistency:
The subject property is located within the boundaries of the Southside Area Development
Plan and is planned for a medium density residential use. The proposed rezoning to the
"CN-1" Neighborhood Commercial District is inconsistent with the adopted
Comprehensive Plan (Plan CC). However, the proposed use is generally consistent with
Staff Report
Page 3
the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future
Land Use Map. The following policies should be considered:
• Encourage orderly growth of new residential, commercial, and industrial areas
(Future Land Use, Zoning, and Urban Design Policy Statement 1).
• Encourage the protection and enhancement of residential neighborhoods. (Future
Land Use, Zoning, and Urban Design Policy Statement 1).
• Promote a balanced mix of land uses to accommodate continuous growth and
promote the proper location of land uses based on compatibility, locational needs,
and characteristics of each use (Future Land Use, Zoning, and Urban Design
Policy Statement 1).
• Encourage convenient access from medium-density residential development to
arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 3).
• Preserve and protect the residential nature of the Gardendale Neighborhood from
Curtis Clark south to Cain Drive and from Everhart east to Staples. (Southside
ADP, Police Statement B.10).
• Prevent the development of non-residential uses into the interior of the
neighborhood. (Southside ADP, Police Statement B.10).
• Limit intrusion of new commercial or expansion of existing commercial
development along the western and eastern edges of the neighborhood parallel to
Everhart and Staples Streets. (Southside ADP, Police Statement B.10).
Department Comments:
• The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan
CC), incompatible with the adjoining residential properties, and may have a negative
impact upon the adjacent residential properties. The property is currently vacant and
is a remaining "RS-6" Single-Family 6 District tract.
• The 1989 Southside Area Development Plan specifically addresses limiting further
commercial expansion into the Gardendale subdivision. However, the proposed use
of a professional office with an attached storage garage is compatible with the
adjoining residential properties and will not have a negative impact upon the adjacent
properties.
• The subject property is not located at a major intersection and only has access to a
"Local" street. Additionally, traffic generated by the use will route through a residential
neighborhood. However, the proposed use of a professional office generates little
traffic impact to the neighborhood. The generated traffic by the proposed use will
generally be associated with the employees of the business.
• This case was originally presented to the Planning Commission on February 19tH
2020 with a staff recommendation of denial. After review and deliberation, the
Planning Commission voted to table the case so a Special Permit could be drafted to
allow the use of a professional office.
Planning Commission and Staff Recommendation (March 4, 2020):
Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1"
Neighborhood Commercial District in lieu thereof, approval of the "RS-6/SP" Single-
Family 6 District with a Special Permit (SP) with the following conditions.
Staff Report
Page 4
1. Uses: The uses authorized by this Special Permit are all uses permitted by right in the
"ON" Neighborhood Office District, including an accessory garage for the purpose of
storage.
2. Hours of Operation: The hours of operation shall be daily from 6:00 AM to 10:00 PM.
3. Buffer Yard: A Type B Buffer Yard as defined by Section 7.9.5.A of the Unified
Development Code (UDC) shall be required where the subject property shares a
property line with a residential zoning district and/or residential use.
4. Signage: No pole-mounted signage is allowed on Cain Drive.
5. Outdoor Storage: Any outdoor storage is prohibited.
6. Lighting: All lighting must be shielded and directed away from adjacent properties
and nearby streets. Cut-off shields are required for all lighting. No light projection is
permitted beyond the property line.
7. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code.
Outside paging, speakers, telephone bells, or similar devices are prohibited.
8. Other Requirements: The Special Permit conditions listed herein do not preclude
compliance with other applicable UDC, Building, and Fire Code Requirements.
9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have
expired within forty-eight (48) months of this ordinance, unless a complete building
permit application has been submitted, and the Special Permit shall expire if the
allowed use is discontinued for more than six consecutive months.
Number of Notices Mailed — 13 within 200-foot notification area
5 outside notification area
0
As of February 7, 2019:
In Favor — 0 inside notification area
o — 0 outside notification area
Z
In Opposition — 0 inside notification area
— 0 outside notification area
a
Totaling 0.00% of the land within the 200-foot notification area in opposition.
Attachments:
A. Location Map (Existing Zoning & Notice Area)
B. Proposed Site Plan
C. Public Comments Received (if any)
https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2020/0220-04 Nazari Mohammad
Rezaei/PC Documents/PC Report-Nazari Mohammad Rezaei.docx
Staff Report
Page 5
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Staff Report
Page 6
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LOCATION MAP ti
Zoning Case #0220-04
Nazari Mohammad Rezaei
Rezoning for a Property at 5506 Cain Drive
From "RS-6" To "CN-1"
9�CJK[RUMM1'
Vic' Na
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City Council
April 21, 2020
Aerial Overview
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Planning Commission
and Staff Recommendation
Denial of the
"CN-1 " Neighborhood Commercial District
In lieu thereof,
Approval of the "RS-6/SP" Single-Family
6 District with a Special Permit
SP Conditions
1 . Uses: The uses authorized by this Special Permit are all uses
permitted by right in the "ON" Neighborhood Office District,
including an accessory garage for the purpose of storage.
2. Hours of Operation: The hours of operation shall be daily
from 6:00 AM to 10:00 PM.
3. Buffer Yard: A Type B Buffer Yard as defined by Section
7.9.5.A of the Unified Development Code (UDC) shall be
required where the subject property shares a property line with
a residential zoning district and/or residential use.
SP Conditions
4. Signage: No pole-mounted signage is allowed on Cain
Drive.
5. Outdoor Storage: Any outdoor storage is prohibited.
6. Lighting: All lighting must be shielded and directed
away from adjacent properties and nearby streets. Cut-
off shields are required for all lighting. No light projection
is permitted beyond the property line.
SP Conditions
7. Noise: Noise regulations shall be subject to Section 31-3 of
the Municipal Code. Outside paging, speakers, telephone
bells, or similar devices are prohibited.
8. Other Requirements: The Special Permit conditions listed
herein do not preclude compliance with other applicable UDC,
Building, and Fire Code Requirements.
9. Time Limit: In accordance with the UDC, this Special Permit
shall be deemed to have expired within forty-eight (48) months
of this ordinance, unless a complete building permit
application has been submitted, and the Special Permit shall
expire if the allowed use is discontinued for more than six
consecutive months.
Public Notification
13 Notices mailed inside 200' buffer/ °
5 Notices mailed outside 200' buffer s
f,RQ� eye
Notification Area RS.6 �� -F
5 Z
SUBJEC ' 6
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UDC Requirements
P q o
Buffer Yards:
P CN-1 to RS-6: Type B: 10' & 10 pts.
Setbacks:
Street: 20 feet
' Side & Rear: 10 feet
PROPERTY -• �'L,''
Parking:
1:150 GFA
Landscaping, Screening, and Lighting
Standards
sv,reo
Uses Allowed: Retail, Offices,
Multifamily
� 4 ` 4r *Bars/Nightclubs Not Allowed in "CN-1"
Utilities
Water:
6-inch CIP
^.;RS-6.P 02-
Wastewater:
SUBJECT 8-inch VCP
PROPERTY
Gas:
C 2-inch Service Line
Storm Water:
Roadside Inlets
4
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v AGENDA MEMORANDUM
µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 04/21/20
1852 Second Reading Ordinance for the City Council Meeting 05/12/20
DATE: March 9, 2020
TO: Peter Zanoni, City Manager
FROM: Al Raymond, AIA, Director
Development Services Department
AlRaymond@cctexas.com
(361) 826-3575
Rezoning a property at or near 7517 South Padre Island Drive (State Highway 358)
CAPTION:
Zoning Case No. 0320-01, Margo Lyn Moore (District 4). Ordinance rezoning property at or near
7517 South Padre Island Drive (State Highway 358) from the "RS-6" Single-Family 6 District to
the "CG-2" General Commercial District.
SUMMARY:
The purpose of the zoning request is to allow for the construction of a bank.
BACKGROUND AND FINDINGS:
The subject property is 2.07 acres in size. According to the applicant the purpose of the request
is to construct a bank.
Conformity to City Policy
The subject property is located within the boundaries of the Southside Area Development Plan
and is planned for mixed uses. The proposed rezoning is consistent with the adopted
Comprehensive Plan (Plan CC), compatible with the adjoining residential properties, and does
not have a negative impact upon the adjacent properties. The property is currently vacant and is
a remaining "RS-6" Single-Family 6 District tract. The subject property has never been developed.
Public Input Process
Number of Notices Mailed
3 within 200-foot notification area
5 outside notification area
As of February 28, 2020:
In Favor In Opposition
0 inside notification area 0 inside notification area
0 outside notification area 0 outside notification area
Totaling 0.00% of the land within the 200-foot notification area in opposition.
Commission Recommendation
Planning Commission recommended approval of the change of zoning from the "RS-6" Single-
Family 6 District to the "CG-2" General Commercial District on March 4, 2020.
ALTERNATIVES:
1. Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2"
General Commercial District.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
RECOMMENDATION:
Staff recommends approval of the zoning request.
Planning Commission recommended approval of the change of zoning from the "RS-6" Single-
Family 6 District to the "CG-2" General Commercial District with following vote count.
Vote Count:
For: 9
Opposed: 0
Absent: 0
Abstai ned: 0
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation - Aerial Map
Planning Commission Final Report
Zoning Case No. 0320-01, Margo Lyn Moore (District 4).
Ordinance rezoning property at or near 7517 South Padre Island Drive (State
Highway 358) from the "RS-6" Single-Family 6 District to the "CG-2" General
Commercial District.
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the Planning Commission during which all interested persons were allowed to
appear and be heard;
WHEREAS, the Planning Commission has forwarded to the City Council its final
report and recommendation regarding the application for an amendment to the City of
Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map;
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the City Council, during which all interested persons were allowed to appear
and be heard;
WHEREAS, the City Council has determined that this rezoning is not detrimental
to the public health, safety, or general welfare of the City of Corpus Christi and its citizens;
and
WHEREAS, the City Council finds that this rezoning will promote the best and most
orderly development of the properties affected thereby, and to be affected thereby, in the
City of Corpus Christi.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning
Map of the City of Corpus Christi, Texas is amended by changing the zoning on the
subject property described as being 2.07 acres out of Lot 16, Section 28 of the Flour Bluff
and Encinal Farm and Garden Tracts as shown in Exhibit "A":
from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District.
The subject property is located at or near 7517 South Padre Island Drive (State Highway
358). Exhibit A, which is the Metes and Bounds of the subject property with an associated
map attached to and incorporated in this ordinance.
SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective
July 1 , 2011 and as amended from time to time, except as changed by this ordinance,
both remain in full force and effect including the penalties for violations as made and
provided for in Article 10 of the UDC.
SECTION 3. To the extent this amendment to the UDC represents a deviation from the
City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC,
as it is amended by this ordinance.
SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of
the subject property that are in conflict with this ordinance are hereby expressly repealed.
SECTION 5. A violation of this ordinance, or requirements implemented under this
ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of
the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of
Ordinances.
SECTION 6. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. This ordinance shall become effective upon publication.
Page 2 of 5
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
That the foregoing ordinance was read for the second time and passed finally on this
the day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
PASSED AND APPROVED on this the day of , 2020.
ATTEST:
Rebecca Huerta Joe McComb
City Secretary Mayor
Page 3 of 5
Exhibit A
*U R R A Y RASE, JR., P-E.,R,P.1-S, 34)54 S. 1kLAMEDA, xra 76404
*rX0r{M. Wr1.SH, P.E.,R.P.I361 U2.552L— FAx 351 883-1265
w ww.bese-w eJ sF.cub a-mail; nburrawirReol.cam
e-mlril: nixmwl-R¢m,ai1.cU1M
BASS & WELSH ENGINEERING
TR KegListratinn No. F-52
Survcy 1tegizlralion No. 140027-UU
P.O. 110k EF39r
C'nrpus Chii&li, TX '78,}66-6397
February 10, 7420
Field Note description
Being a tract situated in Corpm Christi,Nueces County,Texas,a portion of Lot 16, Section 28 of the Flour
Bluff and Enamel rami arrd Garden Tracts,as shown on the map thereof rer9rded in Volume'A°at Pages 41
—43 of the Map Records of Nueces County,Texas and being more particularly described by metes and
bounds a6 follow,:
BEGINNING a.a point in the south right-of-way line of South Padre Island Drrve(SH 358)for the northwtest
Corner of Ems tract, said paint bel nQ the northeast Comet`of Lot 2.Block 1, Roy Smith Plaza as shown an the
map thereof recorded in Volume 60 at Paye 22, Map Records, Nueces County, Texas;
THENCE S 67'56 47'E Shang the south right-of-way line of South Padre Island Drive a distance of 239.83
feet to a paint set for the northeast cofner of this tract;
THENCE S 26°02'22"VV into the heretofofe referenced Lat 16.a distance of 364.13 feet to a point for the
southeast comer of this tract;
THENCE N 63°5738"W a distance of 254.16 feet to a point for the southwest comer of this tract,card pont
being the southeasl Corder of the horeipfore referenoed Lot 2, Black 1,Roy Smith Plaza,
THE'N'CE N 26°02'22"E a"the east boundary of Lot 2 a distance of 306.79 feet to an intermadiate comer
of this tract;
THENCE continuing along the east boundary of Lot 2,N 46'10'20'E e distance of 43.32 feet to the POINT
OF BEGINNING forming a tract embracing 2.0662 acres. '
. M ray Bass,J_, R.P_L_S.
MURMY'®JLSS,JR.
ii2 13
Amar"90Si$Vr Rnari g is SfaGe of Temas Larnbberl Grid,Soudr Zane,NAD 1983
MBJ:aeb
ZW05-Field Nole Vesc4m
EXHIBIT ;'A"
Page i of
Page 4 of 5
SOUTH PADRE ISLAND DRUE
SH 358
S67'56'47 E 239-83' 5ET 5/0 f.c?
20'
FNQ .5/e ;R
rn
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z
ry yx
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AREA N63',57'36"W 254.16'SET 5/Y1
REMAINDER OF LOT 16
SO. FT. SECTlCN 2d VOL "A" FOS
:P I.' .' '-- - --T,
%ES
SKETCH FOR REZONING APPUCA-nON
2.066 ACRES OUT OF LOT 16, SECTION 28
FLOUR BLUFF AND ENCINAL FARM AND CARDEN TRACTS
Sc.
rl i I I i T,
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Fri E
.-I 71:37i.,n- F I of 1
Page 5 of 5
PLANNING COMMISSION FINAL REPORT
Case No. 0320-01
INFOR No. 20ZN1006
Planning Commission Hearin Date: March 4, 2020
Owner: Margo Lyn Moore
Applicant: Clower Company
a a�� Location Address: 7517 South Padre Island Drive (State Highway 358)
Legal Description: Being 2.07 acres out of Lot 16, Section 28 of the Flour
Qm Bluff and Encinal Farm and Garden Tracts, located along the south side of
o South Padre Island Drive (State Highway 358), east of Rodd Field Road, and
west of Lexington Road.
From: "RS-6" Single-Family 6 District
To: "CG-2" General Commercial District
io Area: 2.07 acres
Purpose of Request: To allow for the construction of a bank.
Existing Zoning District Existing Future
Land Use Land Use
Site "RS-6" Single-Family 6 Vacant Mixed Use
a Commercial
Commercial Medium
Med
North "CG-2" General Commercial and Medium and d Med
o Density Residential Density
N Residential
_J South "RS-6" Single-Family 6 Vacant Mixed Use
X
LU East "RS-6" Single-Family 6 Vacant Mixed Use
West "CG-2" General Commercial Commercial Commercial
06 Area Development Plan: The subject property is located within the boundaries
a of the Southside Area Development Plan and is planned for mixed uses. The
M ° proposed rezoning to the "CG-2" General Commercial District is consistent with
a o the adopted Comprehensive Plan (Plan CC).
Q Map No.: 040034
Zoning Violations: None
° Transportation and Circulation: The subject property has approximately 240
feet of street frontage along South Padre Island Drive (State Highway 358)
i
° which is designated as a "F1" Freeway / Expressway. According to the Urban
a
N Transportation Plan, "F1" Freeway / Expressways can convey a capacity
L
between 60,000 to 200,000 Average Daily Trips (ADT).
Staff Report
Page 2
Urban Proposed Existing Traffic
Street Transportation Plan Section Section Volume
Type
U) Island
Padre F1" Freeway / 400' ROW 280' ROW 8,989 ADT
Island Drive SH 358 Expressway Varies paved 115' paved (2015)
Staff Summary:
Requested Zoning: The applicant is requesting a rezoning from the "RS-6" Single-Family
6 District to the "CG-2" General Commercial District to allow for the construction of a bank.
Development Plan: The subject property is 2.07 acres in size. The applicant has not yet
submitted any specific plans concerning the proposed bank.
Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single-
Family 6 District, consists of vacant land, and has remained undeveloped since
annexation in 1954. To the north across South Padre Island Drive is an apartment
complex zoned "RM-1" Multifamily District and a vacant portion of property zoned "CG-2"
General Commercial District. To the south and east is a vacant unplatted tract of land
zoned "RS-6" Single-Family 6 District. To the west is a restaurant (McDonalds) and a
convenience store (Valero) zoned "CG-2" General Commercial District.
AICUZ: The subject property is not located in one of the Navy's Air Installation
Compatibility Use Zones (AICUZ).
Plat Status: The property is not platted.
Utilities:
Water: 12-inch C900 line located along South Padre Island Drive (SH 358).
Wastewater: 8-inch PVC line located along Rodd Field Road.
Gas: 12-inch Service Line located along South Padre Island Drive (SH 358).
Storm Water: 24-inch located along South Padre Island Drive (SH 358).
Plan CC & Area Development Plan Consistency: The subject property is located within
the boundaries of the Southside Area Development Plan and is planned for mixed uses.
The proposed rezoning to the "CG-2" General Commercial District is consistent with the
adopted Comprehensive Plan (Plan CC). The following policies should be considered:
• Encourage orderly growth of new residential, commercial, and industrial areas
(Future Land Use, Zoning, and Urban Design Policy Statement 1).
• Promote a balanced mix of land uses to accommodate continuous growth and
promote the proper location of land uses based on compatibility, locational
needs, and characteristics of each use (Future Land Use, Zoning, and Urban
Design Policy Statement 1).
• Encourage the design of commercial centers in a manner that minimizes the
impacts of automobile intrusion, noise and visual blight on surrounding areas
(Future Land Use, Zoning, and Urban Design Policy Statement 3).
Staff Report
Page 3
Department Comments:
• The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC),
compatible with the adjoining properties, and does not have a negative impact upon
the adjacent properties.
• The property is currently vacant and is a portion of a larger remaining "RS-6" Single-
Family 6 District tract. The subject property and surrounding tracts are identified on
the Future Land Use Map for Mixed Uses. This rezoning indicates infill development
on a historically vacant property and the potential for future rezonings on the
remaining portion of the larger tract.
• If the "CG-2" General Commercial District is approved, the proposed bank will need
to abide all requirements of the Unified Development Code (UDC).
• Specifically, a Type C buffer yard will be required for the northern property line. Type
C buffer yards consist of a 15-foot wide buffer and at least 15 points.
Planning Commission and Staff Recommendation (March 4, 2020):
Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2"
General Commercial District.
Number of Notices Mailed — 3 within 200-foot notification area
5 outside notification area
0
As of February 28, 2020:
In Favor — 0 inside notification area
o — 0 outside notification area
Z
In Opposition — 0 inside notification area
— 0 outside notification area
a
Totaling 0.00% of the land within the 200-foot notification area in opposition.
Attachments:
A. Location Map (Existing Zoning & Notice Area)
B. Public Comments Received (if any)
https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2020/0320-01 Margo Lyn Moore
(Clower Company)/Council Documents/Report-Margo Lyn Moore.docx
Staff Report
Page 4
CG-2 CC-2
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CASE: 0320-01 n
ZONING & NOTICE AREA
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CGI CeCommerc a l RSTH T.—h ... aj "' -"Y
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v AGENDA MEMORANDUM
WoRPORPg4 First Reading Ordinance for the City Council Meeting 4/21/2020
1852 Second Reading Ordinance (for the City Council Meeting 5/12/2020
DATE: March 13, 2020
TO: Peter Zanoni, City Manager
FROM: Robert Rocha, Fire Chief
RRocha@cctexas.com
361-826-3932
Firefighter I Position to Firefighter II Position Conversion
CAPTION:
Ordinance authorizing the conversion of 12 Firefighter I positions to Firefighter 11 - EMS
for a total cost of $30,888 to provide adequate staffing of an additional medic unit that is
being placed into service in District 2 at Fire Station 7 in accordance with the FY2020
budget.
SUMMARY:
This ordinance amendment authorizes the conversion of 12 Firefighter I positions to Firefighter II
for a total cost of$30,888. This is necessary to appropriately staff the additional medic approved
by City Council for FY2020.
BACKGROUND AND FINDINGS:
Due to the high volume of EMS related calls in the City of Corpus Christi, the Fire Department
requested the addition of another medic unit. City Council agreed and approved the additional
medic unit (Medic 7).
In order to put Medic 7 into operation, it is necessary that we staff it accordingly. This will require
an increase of Firefighter II — EMS staff.
To meet this requirement, the City will need to convert 12 current Firefighter I positions to 12
Firefighter II positions within the current authorized complement effective May 1, 2020.
The proposed conversion will result in changes to the number of Firefighter II — EMS positions
(+12) and the number of Firefighter I's (-12) but no change in the overall authorized complement
of 414.
Position Authorized Proposed Differences
Authorized
Fire Chief 1 1 0
Deputy Fire Chief 1 1 0
Assistant Fire Chief 4 4 0
Battalion Chief 13 13 0
Fire Captain 79 79 0
Firefighter II - Engineer 73 73 0
Firefighter II - EMS 133 145 +12
Firefighter 1 110 98 -12
Total 414 414 0
Further, pursuant to Texas Local Government Code §143.021, the Corpus Christi City Council
shall prescribe the number of positions in each classification.
ALTERNATIVES:
The alternative to approving the conversion would be to reject the conversion of the Firefighter I
to Firefighter II-EMS positions. This would cause the Department to require Firefighter I's to work
as an acting Firefighter II position temporarily to staff Medic 7. However, the acting positions are
only temporary. Therefore, the association may then claim that the City is in violation of Texas
Local Government Code §143.038 Temporary Duties in Higher Classification.
However, the approval of the conversion of the positions fall within the budget of the Fire
Department.
FINANCIAL IMPACT:
The Fire Department will be able to absorb the financial impact of$30,888 with savings from
Fire Training (12030) Rentals (530160).
Funding Detail:
Fund: 1020 General Fund
Organization/Activity: 12010 Fire Stations
Mission Element: 093 Respond to Emergency Medical Calls
Project # (CIP Only):
Account: 510100 Salary & Wages
RECOMMENDATION:
Staff recommends that City Council approve the conversion of Firefighter I to Firefighter II — EMS
positions to adequately staff Medic 7.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Ordinance authorizing the conversion of 12 Firefighter I positions to Firefighter II - EMS
positions for a total cost of $30,888 to provide enhanced staffing of an additional medic
unit that is being placed into service in District 2 at Fire Station 7 in accordance with the
FY2020 budget.
WHEREAS, the City Council previously approved placing an additional medic unit in operation
for FY 2020.
WHEREAS, pursuant to Texas Local Government Code §143.021, the Corpus Christi City
Council shall prescribe the number of positions in each classification.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. Ordinance No. 031870, SECTION 4. Firefighter Positions is amended by converting
12 positions authorized for classification of Firefighter I to Firefighter II –EMS to provide adequate
staffing of an additional medic unit being placed into service.
Firefighter Positions
The number of positions authorized for each firefighter classification in the Fire Department shall
be:
Firefighter I —440* 98*
Firefighter II - EMS —443 145
Firefighter II - Engineer— 73
Fire Captain — 80**
Battalion Chief— 13
Assistant Fire Chief—4
Deputy Fire Chief— 1
Fire Chief— 1
FY 19- 20 TOTAL 415**
*This number may be temporarily increased by graduates from a fire academy authorized by the
City Manager, which temporary increase shall be reduced to budgeted total through attrition.
**This rank contains a temporary provisional position, previously authorized in Ordinance No.
031934, which will remain in place until either a vacancy occurs in a Fire Captain position or until
the end of Fiscal Year 2019-2020, after such time the number of authorized Fire Captain positions
will drop back down to 79 and the total complement will reduce back down to 414.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
That the foregoing ordinance was read for the second time and passed finally on this the
day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
PASSED AND APPROVED on this the day of , 2020.
ATTEST:
Rebecca L. Huerta Joe McComb
City Secretary Mayor
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H AGENDA MEMORANDUM
WoRPORPg4 First Reading Ordinance for the City Council Meeting on April 21, 2020
1852 Second Reading Ordinance for the City Council Meeting on May 12, 2020
DATE: March 16, 2020
TO: Peter Zanoni, City Manager
FROM: Dan McGinn, Director, Planning and Environmental Services
Daniel Mc(a)-cctexas.com
(361) 826-7011
Texas Commission on Environmental Quality (TCEQ) Air Quality Grant
CAPTION:
Ordinance accepting $281 ,250.00 Air Quality Planning Grant from Texas
Commission on Environmental Quality and appropriating in the Community
Enrichment Grant Fund No. 1071 .
SUMMARY:
The purpose of this agenda item is to obtain authority to accept and appropriate a grant for air
quality planning services.
BACKGROUND AND FINDINGS:
From 1995 through 2017, the Texas Legislature appropriated funding to the TCEQ and directed
funds via rider to near non-attainment areas (Austin, Beaumont, Corpus Christi, EI Paso,
Granbury, Killeen/Temple, Longview/Tyler/Marshall, San Antonio, Victoria, and Waco) for ozone
emission reduction planning and programs to remain in attainment of National Ambient Air Quality
Standards (NAAQS) for ozone established by the EPA. During this time the City of Corpus Christi
received these grant funds with no City match required from the Texas Commission on
Environmental Quality (TCEQ). The City was responsible to administer the grant and oversee
activities associated with air quality planning, monitoring and modeling.
Funding was reduced via a line-item veto of $6,000,500 in the FY 2018-2019 General
Appropriations Act for TCEQ. The veto stripped the nine near non-attainment communities of the
only funding for programs documented to keep them in attainment of ozone standards. The city
council passed a resolution recommending restoration for funding to TCEQ on February 27, 2019.
During the 86th Legislative session, Governor Abbot restored the funding to near non-attainment
areas. The TCEQ has made an additional $281,250.00 available to the City. The City's Rider 7
Air Quality Planning grant provides for administration of the grant and the City to sub-contract
near non-attainment monitoring and assessment with Texas A&M University— Corpus Christi.
The grant agreement must be executed by the City and TCEQ in order to ensure the funds are
obligated and to accept the additional funding.
ALTERNATIVES:
1. Approve the ordinance authorizing the acceptance and execution of the grant.
2. Locally fund the air quality monitoring services without the assistance of the State of Texas
FISCAL IMPACT:
The grant is a reimbursement grant for$281,250.00 and will be appropriated into the Community
Enrichment Grant Fund No. 1071
Funding Detail:
Fund: Community Enrichment Grant Fund No. 1071
Organization/Activity: 806069S
Mission Element: 717
Account: 530000— Professional Services
RECOMMENDATION:
Approve the ordinance authorizing the acceptance and execution of the grant for air quality
planning services.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
TCEQ Air Quality Cooperative Reimbursement Contract
Ordinance accepting $281,250.00 Air Quality Planning Grant from
Texas Commission on Environmental Quality and appropriating in the
Community Enrichment Fund No. 1071
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or designee, is authorized to execute all documents
necessary to accept the Air Quality Planning Grant Contract Number 582-20-11981 in the
amount of $281 ,250.00 from the Texas Commission on Environmental Quality for air
quality planning activities.
SECTION 2. Grant funds in the amount of $281 ,250.00 from the Texas Commission
Environmental Quality are appropriated in the Community Enrichment Fund No. 1071 for
air quality planning activities.
SECTION 3. Expenditures in the amount of$281 ,250.00 are increased in the Community
Enrichment Fund No. 1071 .
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
That the foregoing ordinance was read for the second time and passed finally on this
the day of 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera Ben Molina
Rudy Garza Everett Roy
Paulette M. Guajardo Greg Smith
Gil Hernandez
PASSED AND APPROVED on this the day of , 2020.
ATTEST:
Rebecca Huerta Joe McComb
City Secretary Mayor
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
Texas Commission on Environmental Quality
CONTRACT SIGNATURE PAGE
Contract Name: City of Corpus Christi Rider 7 Local Air Quality Planning Grant
Contract Number: 582-20-11981
Performing Party: City of Corpus Christi
Performing Party Identification Number: 17460005741
Maximum Authorized Reimbursement: $281,250.00
Effective Date: ❑ 09/01/2019 ® Date of last signature
Expiration Date: ® 12/31/2021 ❑ Last day of Fiscal Year in which the Contract was signed
❑ If checked,this Contract requires matching funds. Match Requirement:
❑ If checked,this Contract is funded with federal funds.
CFDA Number:
Federal Grant Number:
This Contract is entered under: ❑Gov't Code ch.771(Interagency) ❑Gov't Code ch. 791(Interlocal)
❑Water Code§5.229(Intergovernmental)®Water Code§5.124(Grant)
The Texas Commission on Environmental Quality(TCEQ),an agency of the State of Texas,and the named Performing Party,a
state agency or local government of the State of Texas,enter this agreement(Contract)to cooperatively conduct authorized
governmental functions and activities under the laws of the State of Texas.
The Parties agree as follows: (a)to be effective,the Contract must be signed by an authorized official of the TCEQ and the
Performing Party;(b)this Contract consists of all documents specified in the list of Contract Documents following this page;and
(c)as authorized by TCEQ,Performing Party will conduct Contract Activities as part of its own authorized governmental
functions and TCEQ will reimburse Allowable Costs subject to the Texas Uniform Grant Management Standards(UGMS)and
this Contract.
Texas Commission on City of Corpus Christi
Environmental Quality(TCEQ) (Performing Party)
Authorized Signature Authorized Signature
Tonya Baer Steve Viera
Printed Name Printed Name
Deputy Director Assistant City Manager
Title Title
Date Date
Procurements&Contracts Representative
Sergio Vasquez,CTCM,CTCD
Printed Name
Date
Texas Commission on Page 1 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
CONTRACT DOCUMENTS LIST
Cooperative Reimbursement Contract
for State Agencies and Local Governments
This Contract between TCEQ and Performing Party consists of the Contract Documents
listed on this page. Documents on this list include all amendments. In the event of a
conflict of terms, the Contract Documents as amended control in the descending order
of the list, subject to provisions in the Special Terms and Conditions, if any. All Contract
provisions, however, are subject to control by the latest amendment and most specific
provision and by the applicable state and federal laws, rules and regulations.
• Contract Signature Page
• Contract Documents List (this page)
• Special Terms and Conditions
• Scope of Work
• General Terms and Conditions
• Cost Budget
• Notices, Project Representatives and Records Locations
• Attachment A— Release of Claims
• Attachment B — Personnel Eligibility List (PEL)
• Attachment C — Quarterly Progress Report (QPR)
• Attachment D — Financial Status Report (FSR)
• Attachment E — Budget Revision Request Form
Texas Commission on Page 2 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
SPECIAL TERMS AND CONDITIONS
These conditions add to, or in the case of conflicts, supersede and take precedence over the
general conditions set forth in this agreement.
i. Article 1, Section 1.2, Amendments, in the General Terms and Conditions is replaced with
the following:
1.2.Amendments and Minor Changes
1.2.1. A formal Amendment to the contract signed by authorized officials of both
Parties is required for changes to the substantive obligations of the Performing
Party and/or TCEQ, including the following:
1.2.1.1. Changes in the total amount of funds in the Cost Budget or the Contract
1.2.1.2. Changes to the Contract's Expiration Date
1.2.1.3. Changes to the Scope of Work that affect TCEQ obligations to the Texas
Legislature, and
1.2.1.4. Changes that affect the material obligations of the Performing Party in this
Contract.
1.2.2. The TCEQ Contract Manager and/or the TCEQ Project Manager has the
authority, without a formal amendment, to make written Contract
interpretations and agree in writing to minor, non-material changes to
requirements in the Scope of Work or Performing Party's Statement of Work
including:
1.2.2.1. Changes to the schedule in the Contract including an extension of a
deliverable due date, not to exceed the expiration date of the Contract;
1.2.2.2. Changes to the individual tasks in the Scope of Work or Performing Party's
Statement of Work that do not substantially change the obligations of the
parties relative to those tasks, and
1.2.2.3. Transfers between the authorized amounts of expenditures in the Cost
Budget, not to exceed 10% of the total amount.
1.2.3. To be effective, the contract changes agreed to by TCEQ must be in writing and
must also be agreed to by an authorized Representative of the Performing Party.
An email containing the change and an approving response from the other Party
is sufficient. A copy of the agreed change must be retained in the appropriate file
of both the Performing Party and TCEQ.
1.2.4. It is the responsibility of the Performing Party to request extensions to the
deliverable schedule and the other changes that are within the authority of TCEQ.
Texas Commission on Page 3 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
2. The following is added to Article 4, REIMBURSEMENT, in the General Terms and
Conditions:
4.7 Advance Requests. The TCEQ will advance payments to the Performing Party
up to 50% of the Maximum Authorized Reimbursement on the Contract
Signature Page. This advance payment is for work to be performed in accordance
with the Scope of Work and Rider 7 in the TCEQ FY20-21 appropriation (HB 1,
86th Legislature). This advance must be requested in writing by the Performing
Party after this Contract is fully executed and once funds are available.
4.7.1 Conditional Advance. Funds are advanced on the condition of the
Scope of Work being performed in compliance with the Contract.
Performing Party shall return payment to TCEQ for either funds unspent
or activities undertaken that are not compliant with the Scope of Work.
This does not limit or waive any other TCEQ remedy. Any money that has
not been spent in accordance with this Contract by December 31, 2021
must be immediately refunded to TCEQ in accordance with UGMS Part
III. Subpart D _.50 Closeout. Performing Party agrees to return unspent
or unauthorized funds within go days of the Contract Expiration Date.
4.8 Financial Status Report. The Performing Party will submit a quarterly report
on the Financial Status Report (FSR, Attachment D), documenting the allowable
expenditures, and administrative costs incurred in the previous quarter for
performing the Scope of Work and the remaining balance of funds. The
Performing Party's FSRs shall be complete and conform to all reimbursement or
invoice requirements specified by TCEQ. The Performing Party must include
documentation with the FSR demonstrating expenses incurred.All
administrative costs are capped by Rider 7 in the TCEQ FY20-21 appropriation
(HB 1, 86th Legislature) at 10%, and this limit must be demonstrated on each
FSR.
4.9 Reporting by Subcontractors. Performing Party shall require, by
contract, its subcontractors to invoice it monthly. Costs relating to subcontractors
shall be invoiced to TCEQ quarterly.
3. ADMINISTRATIVE COSTS
3.1. In accordance with Rider 7 in the TCEQ FY20-21 appropriation (HB 1, 86th
Legislature), no more than 10 percent of the allocation be used for administrative
purposes.
3.2.Administrative Costs are costs incurred by the Performing Party that can be identified
separately and assigned to a specific project, used in order to properly administer and
manage the contract funds. Administrative costs may include, but are not limited to,
providing general supervision for grant activities, administering sub-contracts, and
submitting reports and invoices.
Texas Commission on Page 4 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
4. SPECIFIC INFORMATION REQUIREMENTS FOR INVOICES.
4.1 Invoices must include the following, as applicable, on the face of the invoice:
Invoice date
Service dates
TCEQ Contract No.
Performing Party Vendor Identification No.
Performing Party mailing address, Fax No. and Telephone No.
Name(s) of Performing Party Principal Investigator
Item/service description
Amount invoiced
Name and telephone number of individuals designated by Performing Party to answer
questions regarding the invoice (if other than Performing Party's Project
Representative for Contractual Matters)
Invoice total
Backup documentation for Performing Party and subcontractor costs.A Financial
Status Report (may also be referred to as FSR, Form 269a, or TCEQ Form 20248)
4.2 Whenever a cost is to be determined under a Cost Budget, Performing Party will
establish and maintain records of costs in accordance with Uniform Grant Management
Standards (UGMS) and generally accepted accounting principles and practices and
submit, in a format acceptable to TCEQ, an itemized price breakdown together with
supporting documentation. All service dates on invoices must match supporting
documentation dates.
5. RELATIONSHIP OF CERTAIN PROVISIONS
5.1. Unless there is a clear conflict between the requirements in the General Terms and
Conditions and the Scope of Work(SOW), the requirements should be read in
harmony. The SOW may waive or modify General Terms and Conditions regarding:
intellectual property, lab accreditation, technical data, and Quality Assurance Project
Plans. The waiver or modification in the SOW must explicitly refer to the provision in
the General Terms and Conditions that it waives or modifies.
6. GRANTEE PERFORMANCE EVALUATION
6.1. Performance evaluations are a part of the TCEQ review of the Performing Party and
may be a factor in the selection of future grants. The TCEQ may provide this
information to state agencies and others. The Performing Party consents to the
disclosure of any information or opinion in the evaluations.
Texas Commission on Page 5 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
7. PERSONNEL ELIGIBILITY LIST (PEL)
7A. All individuals charged as direct costs under the contract must be included on the PEL
(Attachment B). To make substitutions to individuals listed on the PEL or to add
individuals to the PEL, the Performing Party must submit an updated PEL to the
TCEQ Contract Manager. The Performing Party shall not use the individuals
substituted or added to the PEL prior to receiving an electronic mail from the TCEQ
Contract Manager stating that TCEQ has no objection to the updated PEL (see UGMS
III. Section .3o(d)), unless failure to immediately proceed with the substitution
or addition will jeopardize the successful performance of the grant activities. If prior
notification of the substitution or addition will jeopardize the successful performance
of the Grant Activities, the Performing Party must immediately notify TCEQ by
providing the updated PEL.
8. AUTHORIZATION
8.1. A Notice to Proceed document will not be required for this Contract. The last date of
signature by the parties shown on the Contract Signature Page shall make the agreement
effective and allow the Performing Party to proceed with the Contract Activities.
9. LIMITATION ON GRANTS TO UNITS OF LOCAL GOVERNMENT
9.1. The Performing Party will ensure that any expenditure of funds received under this
grant complies with the Limitation on Grants to Units of Local Government under
Article IX, Part 4, Section 4.04 of the General Appropriations Act (HB 1, 86th
Legislature).
io. ASSURANCES
The Performing Party assures compliance with the provisions found in UGMS III Subpart
B, _.14 State assurances, that are applicable to this grant.
Texas Commission on Page 6 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
SCOPE OF WORK
I. Purpose
The City of Corpus Christi (Performing Party) will conduct air quality planning activities
in accordance with Rider 7 of the Texas Commission on Environmental Quality's
(TCEQ) Legislative Appropriation from the 86f Legislature.
Rider 7 funds are limited to inventorying emissions, monitoring pollution levels, and
administration of the program. Rider 7 further requires that no more than io% of the
allocation be used for administrative purposes and prohibits the expenditure of the
following: marketing and outreach activities, bicycle use programs, carpooling
awareness, environmental awareness campaigns, and locally enforceable pollution
reduction programs. The grant recipients shall channel the funds to those projects most
useful for the State Implementation Plan (SIP).
II. Description of Activities
The Performing Party shall use Rider 7 funds in the following performance/subject
areas:
A. Inventorying Emissions:
The Performing Party may expend Rider 7 funding on activities related to inventorying
emissions. Emission inventory projects must be approved in advance by the TCEQ and
will be limited to those most useful for the State Implementation Plan (SIP). To
maintain consistency with the SIP, the Performing Party and its sub-grantees and
subcontractors shall use point, area, and mobile source emissions factors and existing
program assumptions used by TCEQ when working with emissions inventories (for any
purpose) or existing control strategy programs. These assumptions include compliance
and/or control effectiveness parameters.
B. Monitoring of Pollution Levels:
The Performing Party may expend Rider 7 funding on activities related to monitoring of
pollution levels. Pollution monitoring projects should be limited to those most useful
for the SIP and therefore should be associated with ozone and its precursors, which are
primarily nitrogen oxides (NOx) and volatile organic compounds (VOC). Grant
recipients may use Rider 7 funds to support existing or historically operated ambient air
monitoring stations or to establish new ambient air monitoring stations. Other
stationary or mobile based monitoring projects are potentially allowed on a case by case
basis.
Texas Commission on Page 7 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
III. Deliverables
Task i- Project Management
The Performing Party will provide technical and fiscal oversight of the project to ensure
all activities and deliverables are acceptable, completed as scheduled and within budget,
including ensuring that no more than io% of costs are spent on administrative
expenses. Project management will be documented and provided to the TCEQ Project
Manager through a Quarterly Progress Report (QPR) and quarterly Financial Status
Reports (FSR).
Subtask m QPR: The Performing Party will electronically submit QPRs
(Attachment C) to the TCEQ Project Manager via email. QPRs will document all
activities performed, the status of each relevant deliverable, and the costs incurred that
quarter. The Performing Party will submit QPRs by the 30t" of December, March, June
and September, aligning with the state fiscal quarters. The Final Report deliverable will
serve as the final QPR.
Subtask 1.2 FSR: The Performing Party will submit FSRs (Attachment D) to
the TCEQ Contract Manager in accordance with the Special Terms and Conditions.
Subtask 1.3 Contract Communication: The Performing Party's Project
Manager, or a knowledgeable designee, must be available for questions from the TCEQ
Project Manager at all reasonable times during the performance of work under this
Contract, and for at least one month after the Contract has been completed.
The Performing Party will maintain regular telephone and/or email communication
with the TCEQ Project Manager regarding the status and progress of the project and on
any matters that require attention between QPRs. Matters that must be communicated
to the TCEQ Project Manager include, but are not limited to:
• Notification a minimum of 3o days before the Performing Party has scheduled public
meetings or events, or other major Task activities or developments.
• Notification within 15 days regarding events or circumstances that may require
changes to the Budget, Statement of Work, or Schedule of Deliverables.
The Performing Party may need to participate in meetings between the TCEQ, U.S. EPA
Region 6, and possibly interested stakeholders either in person or via telephone,
internet conference, etc.
Task 2 —Statement of Work
The Performing Party must submit and obtain approval of a Statement of Work
detailing the use of Rider 7 funds for inventorying emissions and/or monitoring
pollution levels before expending the funds. The cost of Task 2 activities must be
included as a separate cost line item or category that details the number of hours spent
and the cost of preparation.
Texas Commission on Page 8 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
Subtask 2.1 Statement of Work
The Statement of Work must contain the following pieces of information and any others
deemed necessary by TCEQ to address the intent of the Contract (e.g., figures, tables,
work products, processes, deliverables, etc.) Each of the sections must be named or
titled using the following headings:
1. GRANT NUMBER AND NAME.
2. PERFORMING PARTY'S PROJECT MANAGER(S): The name(s) and contact
information of the project manager(s) to be assigned to the activities under the
Contract and the names and contact information of alternate personnel in the
event the project manager is unavailable to perform assigned tasks.
3. PERSONNEL ELIGIBILITY LIST: A completed Attachment B: Personnel
Eligibility List (PEL).
4. SUBGRANTEES TO BE USED UNDER THIS CONTRACT.
5. QUALITY ASSURANCE/QUALITY CONTROL PROCEDURES. See detail under
Subtask 2.2,below. The Statement of Work shall address which technical
activities will require a Quality Assurance Project Plan (QAPP). The Performing
Party may not commence technical activities until the QAPP is developed and
accepted by the TCEQ.
6. TIME LINE: The schedule for the project described by the Contract (if there is a
conflict with the time line included in the Contract, the Performing Party must
bring this to the attention of TCEQ Project Manager).
• PROJECT MILESTONES &WORK(ACTIVITIES) BREAKDOWN
STRUCTURE.
7. BUDGET: Complete the Cost Budget form for the Contract (the budget submitted
must be sufficiently detailed to allow TCEQ to easily determine the hours, prices,
and personnel,by classification, related to each task and deliverable, and must
also include a total for the proposed Statement of Work).
8. TECHNICAL APPROACH/METHOD: The technical approach/method for the
Statement of Work must contain detailed descriptions of the tasks and
deliverables and the dates that deliverables must be provided to the TCEQ by
Performing Party.
9. MODELS AND SOFTWARE TO BE USED BY PERFORMING PARTY: Models,
software, and any other tools in addition to those already specified in the
Contract to be used to complete the project described in the Contract, as well as
the documentation procedures where applicable. If a substitute model is
proposed, Performing Party must clearly identify that it is being proposed as a
substitute and explain why. If it is not specifically approved by TCEQ as a
substitute, Performing Party must use the models and software specified in the
Contract.
io.MISCELLANEOUS INFORMATION OR ELEMENTS. If the Performing Party is
aware of any additional requirements which will apply to the work being
performed, the Performing Party must include them in its Statement of Work.
ii. SIGNATURE BY PERFORMING PARTY: The Performing Party must have the
Statement of Work signed and dated by a person with the authority to bind the
Performing Party to the performance of the Statement of Work(please include
the title and printed name of the person signing the Statement of Work). The
Statement of Work must include the Performing Party's company/organization
name in a prominent place on the Statement of Work and the Performing Party's
name must also appear above the Performing Party's signature block.
Texas Commission on Page 9 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
The TCEQ Project Manager will review the Performing Party's Statement of Work and
either make comments and suggest changes or approve the Statement of Work as
prepared by the Performing Party. Upon TCEQ's approval, the Performing Party's
Statement of Work is incorporated into the Contract, and TCEQ will issue a Notice to
Commence (NTC).
If the Performing Party becomes aware of any additional applicable requirements after
TCEQ has approved the Statement of Work, the Performing Party shall notify TCEQ and
submit a revised Statement of Work.
Subtask 2.2 Quality Assurance/Quality Control (QA/QC) Procedures
The Performing Party must draft and follow a QAPP.A QAPP addresses the quality
assurance process the Performing Party will undertake to ensure the adherence of data
or other products to established criteria The Performing Party is responsible for the
content and quality of the QAPPs and their implementation. The QAPPs shall address
the technical activities detailed in the Statement of Work following the EPA's Guidance
for Quality Assurance Project Plans, EPA QA/G-5. All funded activities shall adhere to
the EPA's Guidance for Quality Assurance Project Plans, EPA QA/G-r,, and include full
documentation of the methods and procedures used.
A QAPP for this project must include a formal QA/QC program that will ensure Contract
activities and deliverables are of known and acceptable quality. The QA/QC
requirements must be consistent with the TCEQ Quality Management Plan. QAPPs
must be made available upon request by the TCEQ.
Task 3: Inventorying emissions, monitoring of pollution levels, and
administration of the program
Subtask 3.1 Inventorying Emissions:
The Performing Party may expend Rider 7 funding on activities related to inventorying
emissions and emission inventory(EI) development defined as:
1. Updates to applicable source classification code specific activity and population
data;
2. Updates to applicable source classification code specific profiles;
3. Updates to EI data element (emissions factors, projection factors, and control
efficiencies);
4. The development of updated EIs using the Environmental Protection Agency's
(EPA's) approved methodologies and modeling applications; and
5. Refinements to the speciation, spacial allocation, and temporal allocation of
emissions for SIP modeling.
Texas Commission on Page 10 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
EI projects shall be limited to those most useful for the SIP. To maintain consistency
with the SIP, the Performing Party and its sub-grantees and subcontractors shall use
point, area, and mobile source emissions factors and existing program assumptions
used by TCEQ when working with EIs (for any purpose) or existing control strategy
programs. These assumptions include compliance and/or control effectiveness
parameters.
To facilitate use by the TCEQ, all non-point EI data developed through these activities
should be in CERS XML format or other formats compatible with applicable TCEQ
databases.
Additionally, EI development shall adhere to the principles and practices of the
following:
a. Emissions Inventory Guidance for Implementation of Ozone and Particulate Matter
National Ambient Air Quality Standards (NAAQS) and Regional Haze Regulations
b. Air Emissions Inventory Improvement Program (EIIP)
All inventory activities must conclude on or before October 31, 2021.
Subtask 3.2 Monitoring of Pollution Levels:
The Performing Party may expend Rider 7 funding on activities related to monitoring of
pollution levels. Pollution monitoring projects should be limited to those most useful
for the SIP and therefore should be associated with ozone and its precursors, which are
primarily nitrogen oxides (NOx) and volatile organic compounds (VOC). Grant
recipients may use Rider 7 funds to support existing or historically operated ambient air
monitoring stations or to establish new ambient air monitoring stations. Other
stationary or mobile based monitoring projects are potentially allowed on a case by case
basis.
Regarding site access and data hosting:
1. Projects proposing monitoring equipment to be collocated with a TCEQ
stationary monitoring site will be subject to approval and may be prohibited
based on limitations in existing site agreements with property owners.
2. Projects that include the collection of air quality monitoring data must consider
data management as a key component of the project. Reliance upon the TCEQ
data systems to host or display data collected under a Rider 7 project should not
be assumed.
All monitoring activities must conclude on or before November 30, 2021
Task 4: Draft and Final Reports
The Performing Party shall analyze the results of all projects and work funded under
Task 3. The Performing Party shall submit a report to the TCEQ that documents the
data and findings from all projects and work funded under Task 3.
Texas Commission on Page 11 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
Subtask 4A Draft Report-
The Performing Party must provide the Draft Report required under in any one or
combination of the following:
® as a loose-bound original suitable for copying, with the following
number of additional copies: One (1)
❑ on Compact Disc, including all other electronic deliverables
® in an FTP file, including all other electronic deliverables unless
another format is specified below, and/or
® other: An electronic format delivered via email.
If an electronic copy of the Draft Report is required, it must be in:
® Microsoft Word and/or
® PDF
The Draft Final Report shall provide a comprehensive overview of activities undertaken
and any data collected and analyzed. The Draft Final Report must highlight major
activities and key findings, provide pertinent analysis, and detail relevant statistics
including data, parameter, or model completeness, accuracy and precision.
The Draft Final Report shall include the following components:
1. an executive summary or abstract;
2. a detailed description of all projects funded under Task 3;
3. a detailed discussion of the Performing Party's analyses and findings under
Task 4.
4. a discussion of the pertinent accomplishments, shortfalls, and limitations of
the activities completed under Task 3; and
5. all data and analyses from projects funded under Task 3 and the Performing
Party's evaluation of those results under Task 4.
Texas Commission on Page 12 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
Subtask 4.2 Final Report:
The Performing Party must address any comments received by TCEQ on the Draft Final
Report and provide the Final Report as follows:
❑ the executive summary as a loose-bound original suitable for
copying, with the following number of additional copies:
❑ the full report on Compact Disc, including all other electronic
deliverables unless another format is specified below
® in an FTP file, including all other electronic deliverables unless
another format is specified below, and/or
® other: An electronic format delivered via email.
If an electronic copy of the Final Report is required, it must be in:
® Microsoft Word and/or
® PDF
Subtask 4.3 Other electronic data (if required):
The Performing Party shall retain the materials for 3 years after the project end date.
This is necessary to document its work should third parties ask the TCEQ to provide the
data and/or analyses that formed the final report's data and findings.
If electronic data is requested, Performing Party must provide the following electronic
data in the format specified below: The Performing Party must provide supporting
materials including data, scientific literature (citations, not actual articles), analysis
results, and other relevant materials that substantiate the conclusions reached in the
Final Report. This "back-up" material will be used to provide clarifications and answer
technical questions that third parties might ask about the Final Report.
❑ on Compact Disc
® FTP file, and/or
❑ other:
Texas Commission on Page 13 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
IV. Summary Schedule of Deliverables
Deliverable Deliverable Due Date
Project Management (Task 1)
Deliverable 1.1: QPRs 1.1 Quarterly by the 30t" of
December, March, June, &
September.
Deliverable 1.2: FSRs/Invoices 1.2 Quarterly by the 30t" of
December, March, June, &
September.
Deliverable 1.3: Contract Communication 1.3 As needed
Statement of Work&QAPP (Task 2) 2.1 Within thirty(30) calendar
Deliverable 2.1: TCEQ approved Statement of days after this Contract is
Work executed by TCEQ.
Deliverable 2.2: TCEQ approved QAPP 2.2 Within thirty(30) calendar
days after task 2.1 is approved
by TCEQ.
Inventorying emissions, and monitoring of
pollution levels, and administration of the
program (Task 3)
Deliverable 3.1: Inventorying Emmissions 3.1 October 31, 2021
Deliverable 3.2: Monitoring of Pollution Levels 3.2 November 30, 2021
Draft and Final Report (Task 4)
Deliverable 4.1: Draft Report 4.1: December 1, 2021
Deliverable 4.2: Final Report 4.2: December 31, 2021
V. Assumptions
A. Copies
For each report, the Performing Party shall provide to the TCEQ, in Austin, Texas, the
number of printed and bound copies as specified in Task 4. Electronic copies of all
reports and text, graphic, spreadsheet files and models used in the preparation of any
documents related to the project reports, to document results and conclusions (e.g.
sampling data, work files, etc.), or developed as work products under this Contract shall
be supplied at the conclusion of the project or earlier, as specified or requested in
writing or by e-mail by the TCEQ Project Manager.
Texas Commission on Page 14 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
B. Software Standards
The software standards at the TCEQ in word processing and spreadsheet software are
Microsoft Word and Microsoft Excel or a software version to be negotiated at the
appropriate time. All electronic copies of documentation shall be supplied in these
formats or saved in a format that can be imported in such a way that the document or
spreadsheet quality is not distorted. Where conversions from one spreadsheet or one
word processing format to another result in changes in the formatting that detract from
the presentation quality at minimum or result in significant work in restoring the
documents or spreadsheets to presentation quality, the work produced will not be
acceptable to TCEQ under this Contract.
Texas Commission on Page 15 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
GENERAL TERMS AND CONDITIONS
i. CONTRACT PERIOD
1.1. Contract Period. The Contract begins on the Effective Date and ends on
the Expiration Date as provided on the Contract Signature Page. If no
Effective Date is provided, the Effective Date of the Contract is the date of
last signature. If no Expiration Date is provided, the Expiration Date is
August 31 of the same Fiscal Year in which the Contract is signed.
1.2. Amendments. This Contract is not subject to competitive selection
requirements and may be amended by mutual agreement. Except as
specifically allowed by the Contract, all changes to the Contract require a
written amendment and agreement by both parties.
1.3. Extensions. TCEQ may by unilateral written amendment extend the
Expiration Date for a period of up to go days. Unless otherwise indicated
in the applicable contract amendment, an extension does not extend any
other deadlines or due dates other than the expiration of the Contract
Period.
2. FUNDS
2.1 Availability of Funds. This Contract and all claims, suits or obligations
arising under or related to this Contract are subject to the receipt and
availability of funds appropriated by the Texas Legislature for the
purposes of this Contract or the respective claim, suit or obligation, as
applicable. Performing Party will ensure that this article is included in any
subcontract it awards.
2.2 Maximum Authorized Reimbursement. The total amount of funds
provided by TCEQ for the Contract will not exceed the amount of the
Maximum Authorized Reimbursement as shown on the Contract Signature
Page.
2.3 Fiscal Year Restrictions. In order to be reimbursed under this
Contract, costs must be incurred during the Contract Period and within
the time limits applicable to the funds from which the Contract is being
paid. TCEQ is under no obligation to offer deadline extensions which
extend to the maximum availability of the contract funding source.
2.4 Grants. If this Contract was entered under the TCEQ's authority to award
grants, TCEQ is providing financial assistance to the recipient to
undertake its own project.
2.5 No Debt against the State. This Contract is contingent on the
continuing appropriation of funds. This Contract shall not be construed to
create debt against the State of Texas.
2.6 Abortion Funding Limitation. Performing Party represents and
warrants that payments made by TCEQ to Performing Party and
Performing Party's receipt of appropriated funds under the contract are
not prohibited by Article IX, Section 6.25 of the General Appropriations
Texas Commission on Page 16 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
Act, 8611, Legislative Session (2019), nor by Texas Government Code
Chapter 2272 Prohibited Transactions [Senate Bill 22, 86th Legislative
Session (2019)].
3. ALLOWABLE COSTS
3.1 Conforming Activities. TCEQ will reimburse the Performing Party for
necessary and reasonable Allowable Costs that are incurred and paid by
the Performing Party in performance of the Scope of Work as authorized
by this Contract in the Cost Budget or Fixed Payment Amounts.
3.2 UGMS. Allowable Costs are restricted to costs that comply with the Texas
Uniform Grant Management Standards (UGMS) and applicable state and
federal rules and law. The parties agree that all the requirements of the
UGMS apply to this Contract, including the criteria for Allowable Costs.
Additional federal requirements apply if this Contract is funded, in whole
or in part, with federal funds.
4. REIMBURSEMENT
4.1. Reimbursement Requests. Performing Party shall invoice TCEQ to
request reimbursement for its Allowable Costs for performing the Scope of
Work. Performing Party's invoice shall conform to all reimbursement
requirements specified by TCEQ.
4.2. Level-of-Effort Certification (LEC). Performing Party must complete
the attached Level-of-Effort Certification (LEC) for salaried employees
performing work under this Contract. LEC must be completed monthly
and LEC(s) must be submitted with each invoice, except for nonexempt
employees, for which the Performing Party must submit time sheets.
Performing Party may develop and use its own LEC method, which must
be reviewed and approved by TCEQ prior to implementation. The LEC
method must meet the following requirements and all other federal and
state requirements regarding documentation for personnel expenses:
a. Reflect an after-the-fact distribution of the actual activity of each
employee;
b. Account for the total activity for which each employee is compensated,
including activities not performed under this Contract;
c. Be prepared at least monthly and must coincide with one or more pay
periods; and
d. Be signed, physically or electronically, by the employee and the
supervisory official having first-hand knowledge of the work performed
by the employee. The employee's signature is not required in the event
the employee cannot be reached due to termination of employment,
lack of forwarding address, death or other documented reason.
4.3• Conditional Payments. Reimbursements are conditioned on the Scope
of Work being performed in compliance with the Contract. Performing
Party shall return payment to TCEQ for either overpayment or activities
Texas Commission on Page 17 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
undertaken that are not compliant with the Scope of Work. This does not
limit or waive any other TCEQ remedy.
4.4• No Interest for Delayed Payment. Because the Performing Party is
not a vendor of goods and services within the meaning of Texas
Government Code Chapter 2251, no interest is applicable in the case of late
payments.
4.5• Release of Claims. As a condition to final payment or settlement, or
both, the Performing Party shall execute and deliver to the TCEQ a release
of all claims against the TCEQ for payment under this Contract.
4.6. State agencies/Institutions of Higher education. If the Contractor
is a State agency or institution of higher education payments must be
made via interagency transaction voucher (ITV), please provide a
Recurring Transaction Index (RTI) number on the face of the invoice OR if
payments are to be deposited into a local bank account, the following
statement must be placed on the face of the invoice: "Funds to be
deposited into local bank account." For additional information, please
refer to the Texas Comptroller's Accounting Policy Statement (APS) 014.
5. FINANCIAL RECORDS, ACCESS AND AUDITS
5.1 Audit of Funds. The Performing Party understands that acceptance of
funds under this Contract acts as acceptance of the authority of the State
Auditor's Office, or any successor agency, to conduct an audit or
investigation in connection with those funds. Performing Party further
agrees to fully cooperate with the State Auditor's Office or its successor in
the conduct of the audit or investigation, including providing all records
requested. Performing Party shall ensure that this clause concerning the
audit of funds accepted under this Contract is included in any subcontract
it awards.
5.2 Financial Records. Performing Party shall establish and maintain
financial records including records of costs of the Scope of Work in
accordance with generally accepted accounting practices. Upon request
Performing Party shall submit records in support of reimbursement
requests. Performing Party shall allow access during business hours to its
financial records by TCEQ and other state agencies for the purpose of
inspection and audit. Financial records regarding this contract shall be
retained for a period of three (3)years after date of submission of the final
reimbursement request.
6. PERFORMING PARTY'S RESPONSIBILITIES
6.1 Performing Party's Responsibility for the Scope of Work.
Performing Party undertakes performance of the Scope of Work as its own
project and does not act in any capacity on behalf of the TCEQ nor as a
TCEQ agent or employee. Performing Party agrees that the Scope of Work
Texas Commission on Page 18 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
is furnished and performed at Performing Party's sole risk as to the means,
methods, design, processes, procedures and performance.
6.2 Independent Contractor. The parties agree that the Performing Party
is an independent contractor. Nothing in this Contract shall create an
employee-employer relationship between Performing Party and TCEQ.
Nothing in this Contract shall create a joint venture between TCEQ and
the Performing Party.
6.3 Performing Party's Responsibilities for Subcontractors. All acts
and omissions of subcontractors, suppliers and other persons and
organizations performing or furnishing any of the Scope of Work under a
direct or indirect contract with Performing Party shall be considered to be
the acts and omissions of Performing Party.
6.4 No Third Party Beneficiary. TCEQ does not assume any duty to
exercise any of its rights and powers under the Contract for the benefit of
third parties. Nothing in this Contract shall create a contractual
relationship between TCEQ and any of the Performing Party's
subcontractors, suppliers or other persons or organizations with a
contractual relationship with the Performing Party.
7. TIME
7.1 Time is of the Essence. Performing Party's timely performance is a
material term of this Contract.
7.2 Delays. Where Performing Party's performance is delayed, except by
Force Majeure or act of the TCEQ, TCEQ may withhold or suspend
reimbursement, terminate the Contract for cause, or enforce any of its
other rights (termination for convenience may be effected even in case of
Force Majeure or act of TCEQ).
8. CONFLICT OF INTEREST
Performing Party shall have a policy governing disclosure of actual and potential
conflicts of interests. Specifically, for work performed under this Contract by
Performing Party or any related entity or individual, Performing Party shall promptly
disclose in writing to TCEQ any actual, apparent, or potential conflicts of interest,
including but not limited to disclosure of:
i. Any consulting fees or other compensation paid to employees, officers, agents
of Performing Party, or members of their immediate families, or paid by
subcontractor or subrecipients; or
ii. Any organizational conflicts of interest between Performing Party and its
subcontractors or subrecipients under a subaward.
No entity or individual with any actual, apparent, or potential conflict of interest will
take part in the performance of any portion of the Scope of Work, nor have access to
information regarding any portion of the Scope of Work, without TCEQ's written
Texas Commission on Page 19 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
consent in the form of a unilateral amendment. Performing Party agrees that TCEQ has
sole discretion to determine whether a conflict exists, and that a conflict of interest is
grounds for termination of this Contract.
9. DATA AND QUALITY
9.1 Quality and Acceptance. All work performed under this Contract must
be complete and satisfactory in the reasonable judgment of the TCEQ. All
materials and equipment shall be handled in accordance with instructions
of the applicable supplier, except as otherwise provided in the Contract.
9.2 Quality Assurance. All work performed under this Contract that
involves the acquisition of environmental data will be performed in
accordance with a TCEQ-approved Quality Assurance Project Plan (QAPP)
meeting all applicable TCEQ and EPA requirements. Environmental data
includes any measurements or information that describe environmental
processes, location, conditions, ecological or health effects and
consequences. Environmental data includes information collected
directly from measurements, produced from models, and compiled from
other sources such as databases or literature. No data collection or other
work covered by this requirement will be implemented prior to Performing
Party's receipt of the QAPP signed by TCEQ and, if necessary, the EPA.
Without prejudice to any other remedies available to TCEQ, TCEQ may
refuse reimbursement for any environmental data acquisition performed
prior to approval of a QAPP by TCEQ and, if necessary, the EPA. Also,
without prejudice to any other remedies available to TCEQ, Performing
Party's failure to meet the terms of the QAPP may result in TCEQ's
suspension of associated activities and non-reimbursement of expenses
related to the associated activities.
9.3 Laboratory Accreditation. Any laboratory data or analyses provided
under this Contract must be prepared by a laboratory that is accredited by
TCEQ according to 3o Texas Administrative Code Chapter 25, subchapters
A and B, unless TCEQ agrees in writing to allow one of the regulatory
exceptions specified in 3o Texas Administrative Code Section 25.6.
io. INTELLECTUAL PROPERTY
10.1. Third Party Intellectual Property. Unless specifically modified in an
amendment or waived in a unilateral amendment, Performing Party must
obtain all intellectual property licenses expressly required in the Scope of
Work, or incident to the use or possession of any deliverable under the
Contract. Performing Party shall obtain and furnish to TCEQ:
documentation on the use of such intellectual property, and a perpetual,
irrevocable, enterprise-wide license to reproduce, publish, otherwise use,
or modify such intellectual property and associated user documentation,
and to authorize others to reproduce, publish, otherwise use, or modify
such intellectual property for TCEQ non-commercial purposes, and other
purposes of the State of Texas.
Texas Commission on Page 20 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
10.2. Grant of License. Performing Party grants to TCEQ a nonexclusive,
perpetual, irrevocable, enterprise-wide license to reproduce, publish,
modify or otherwise use for any non-commercial TCEQ purpose any
preexisting intellectual property belonging to the Performing Party that is
incorporated into any new works created as part of the Scope of Work,
intellectual property created under this Contract, and associated user
documentation.
11. INSURANCE AND INDEMNIFICATION
11.1 Insurance. Unless prohibited by law, the Performing Party shall require
its contractors to obtain and maintain during the Contract Period
adequate insurance coverage sufficient to protect the Performing Party
and the TCEQ from all claims and liability for injury to persons and for
damage to property arising from the Contract. Unless specifically waived
by the TCEQ, sufficient coverage shall include Workers Compensation and
Employer's Liability Insurance, Commercial Automobile Liability
Insurance, and Commercial General Liability Insurance.
11.2 Indemnification. TO THE EXTENT AUTHORIZED BY LAW, THE
PERFORMING PARTY SHALL REQUIRE ALL CONTRACTORS
PERFORMING CONTRACT ACTIVITIES ON BEHALF OF PERFORMING
PARTY TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE TCEQ
AND PERFORMING PARTY AND THEIR OFFICERS,AND EMPLOYEES,
FROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES, AND
OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORMANCE
OF CONTRACT ACTIVITIES BY THE CONTRACTOR OR ITS
SUBCONTRACTORS, SUPPLIERS AND AGENTS, INCLUDING THOSE
ARISING FROM DEFECT IN DESIGN, WORKMANSHIP, MATERIALS,
OR FROM INFRINGEMENT OF ANY PATENT, TRADEMARK OR
COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS,
REGULATIONS, SAFETY STANDARDS OR DIRECTIVES. THE
DEFENSE OF TCEQ SHALL BE SUBJECT TO THE AUTHORITY OF THE
OFFICE OF THE ATTORNEY GENERAL OF TEXAS TO REPRESENT
TCEQ. THIS CONVENANT SURVIVES THE TERMINATION OF THE
CONTRACT.
12.TERMINATION
12.1 Termination for Cause. TCEQ may, upon providing to days' written
notice and the opportunity to cure to the Performing Party, terminate this
Contract for cause if Performing Party materially fails to comply with the
Contract including any one or more of the following acts or omissions:
nonconforming work, or existence of a conflict of interest. Termination
for cause does not prejudice TCEQ's other remedies authorized by this
Contract or by law.
12.2 Termination for Convenience. TCEQ may, upon providing 10 days'
written notice to the Performing Party, terminate this Contract for
convenience. Termination shall not prejudice any other right or remedy of
Texas Commission on Page 21 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
TCEQ or the Performing Party. Performing Party may request
reimbursement for: conforming work and timely, reasonable costs directly
attributable to termination. Performing Party shall not be paid for: work
not performed, loss of anticipated profits or revenue, consequential
damages or other economic loss arising out of or resulting from the
termination.
12.3 If, after termination for cause by TCEQ, it is determined that the
Performing Party had not materially failed to comply with the Contract,
the termination shall be deemed to have been for the convenience of
TCEQ.
13.DISPUTES, CLAIMS AND REMEDIES
13.1 Payment as a Release. Neither payment by TCEQ nor any other act or
omission other than an explicit written release, in the form of a unilateral
amendment, constitutes a release of Performing Party from liability under
this Contract.
13.2 Schedule of Remedies available to the TCEQ. In accordance with
Texas Government Code Chapter 2261 the following Schedule of Remedies
applies to this Contract. In the event of Performing Party's
nonconformance, TCEQ may do one or more of the following:
13.2.1. Issue notice of nonconforming performance;
13.2.2. Reject nonconforming performance and request corrections without
charge to the TCEQ;
13.2.3. Reject a reimbursement request or suspend further payments, or both,
pending accepted revision of the nonconformity;
13.2.4. Suspend all or part of the Contract Activities or payments, or both,
pending accepted revision of the nonconformity;
13.2.5. Demand restitution and recover previous payments where
performance is subsequently determined nonconforming;
13.2.6. Terminate the contract without further obligation for pending or
further payment by the TCEQ and receive restitution of previous
payments.
13.3 Opportunity to Cure. The Performing Party will have a reasonable
opportunity to cure its nonconforming performance, if possible under the
circumstances.
13.4 Cumulative Remedies. Remedies are cumulative; the exercise of any
remedy under this Contract or applicable law does not preclude or limit
the exercise of any other remedy available under this Contract or
applicable law.
14.SOVEREIGN IMMUNITY
The parties agree that this Contract does not waive any sovereign immunity to which
either party is entitled by law.
Texas Commission on Page 22 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
15. SURVIVAL OF OBLIGATIONS.
Except where a different period is specified in this Contract or applicable law, all
representations, indemnifications, and warranties made in, required by or given in
accordance with the Contract, as well as all continuing obligations indicated in the
Contract, survive for four (4)years beyond the termination or completion of the
Contract, or until four (4) years after the end of a related proceeding. A related
proceeding includes any litigation, legal proceeding, permit application, or State Office
of Administrative Hearings proceeding, which is brought in relation to the Contract or
which in TCEQ's opinion is related to the subject matter of the Contract. Either party
shall notify the other of any related proceeding if notice of the proceeding has not been
provided directly to that other party.
16.CONTRACT INTERPRETATION
16.1 Definitions. The word "include" and all forms such as "including" mean
"including but not limited to"in the Contract and in documents issued in
accordance with the Contract, such as Work Orders or Proposals for Grant
Activities (PGAs).
16.2 Headings. The headings of the sections contained in this Contract are
for convenience only and do not control or affect the meaning or
construction of any provision of this Contract.
16.3 Delivery of Notice. Notices are deemed to be delivered three (3)
working days after postmarked if sent by U.S. Postal Service certified or
registered mail, return receipt requested. Notices delivered by other means
are deemed delivered upon receipt by the addressee. Routine
communications may be made by first class mail, facsimile transmission,
email, or other commercially accepted means.
16.4 Interpretation of Time. All days are calendar days unless stated
otherwise. Days are counted to exclude the first and include the last day of
a period. If the last day of the period is a Saturday or Sunday or a state or
federal holiday, it is omitted from the computation.
16.5 State, Federal Law. This Contract is governed by, and interpreted
under the laws of the State of Texas, as well as applicable federal law.
16.6 Severability. If any provision of this Contract is found by any court,
tribunal or administrative body of competent jurisdiction to be wholly or
partly illegal, invalid,void or unenforceable, it shall be deemed severable
(to the extent of such illegality, invalidity or unenforceability) and the
remaining part of the provision and the rest of the provisions of this
Contract shall continue in full force and effect. If possible, the severed
provision shall be deemed to have been replaced by a valid provision
having as near an effect to that intended by the severed provision as will be
legal and enforceable.
16.7 Assignment. No delegation of the obligations, rights, or interests in the
Contract, and no assignment of payments by Performing Party will be
binding on TCEQ without its written consent, except as restricted by law.
Texas Commission on Page 23 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
No assignment will release or discharge the Performing Party from any
duty or responsibility under the Contract.
16.8 Venue. Performing Party agrees that the Contract is being performed in
Travis County, Texas, because this Contract has been performed or
administered, or both, in Travis County, Texas. The Performing Party
agrees that any cause of action involving this Contract arises solely in
Travis County, Texas.
16.9 Publication. Performing Party agrees to notify TCEQ five (5) days prior
to the publication or advertisement of information related to this Contract.
Performing Party agrees not to use the TCEQ logo or the TCEQ graphic as
an advertisement or endorsement without written permission signed by
the appropriate TCEQ authority.
16.10 Waiver. With the exception of an express, written waiver in the form of a
unilateral amendment signed by TCEQ, no act or omission will constitute
a waiver or release of Performing Party's obligation to perform conforming
Contract Activities. No waiver on one occasion, whether expressed or
implied, shall be construed as a waiver on any other occasion.
16.11 Compliance with Laws. TCEQ relies on Performing Party to perform
all Contract Activities in conformity with all applicable laws, regulations,
and rules and obtain all necessary permits and licenses.
16.12 Counterparts. This Contract maybe signed in any number of copies.
Each copy when signed is deemed an original and each copy constitutes
one and the same Contract.
16.13 Accessibility. All electronic content and documents created as
deliverables under this Contract must meet the accessibility standards
prescribed in 1 Texas Administrative Code sections 2o6.5o and 213 for
state agency web pages, web content, software, and hardware, unless
TCEQ agrees that exceptions or exemptions apply.
Texas Commission on Page 24 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
Cost Budget
Cooperative Reimbursement Contract
for State Agencies and Local Governments
i.o Budget. Authorized budgeted expenditures for work performed are as follows:
Portion that is
Budget Category Total Cost for Work to Administrative Costs
be Performed (must be io/or less of
Total)
Salary/Wages $0.00
Fringe Benefits $0.00
Travel $0.00
Supplies $0.00
Equipment $0.00
Contractual $0.00
Construction $0.00
Other $0.00
Indirect Costs $0.00
Total $281,250
2.0 Indirect Cost Reimbursable Rate. The reimbursable rate for this Contract is
of(check one):
❑ salary and fringe benefits
❑ modified total direct costs
❑ other direct costs base
If other direct cost base, identify:
This rate is less than or equal to (check one):
❑ Predetermined Rate—an audited rate that is not subject to adjustment.
❑ Negotiated Predetermined Rate—an experienced-based predetermined rate agreed to by
Performing Party and TCEQ. This rate is not subject to adjustment.
❑ Default rate—a standard rate of ten percent of salary/wages may be used in lieu of
determining the actual indirect costs of the service.
Texas Commission on Page 25 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
g.o Other. If Budget Category"Other" is greater than $25,000 or more than lo% of
budget total, identify the main constituents:
4.o Travel. In order to be reimbursable, travel costs must be specifically authorized in
advance of the travel. Travel costs will be reimbursed only in the amount of actual
costs, up to the maximum allowed by law for employees of the State of Texas at the
time the cost is incurred.
5.o Budget Categories. The Budget Categories above have the definitions,
requirements and limitations stated in UGMS. Construction costs are not
reimbursable without prior, specific written authorization from TCEQ.
6.o Budget Control.
a. Cumulative transfers equal to or less than io% of the Total Budget.
Performing Party may transfer amounts between the approved direct cost budget
categories so long as cumulative transfers from direct cost budget categories
during the Contract Period do not exceed ten percent (io%) of the Total Budget
amount. Performing Party must timely submit a Budget Revision Request (BRR)
Form reflecting the revised budget. Upon approval by TCEQ, the BRR will be
incorporated into this Contract as though it is a document revised under General
Term and Condition Section 1.2. The lo%limit does not reset with the approval
of each BRR. It resets when an amendment is signed by the parties reflecting
changes to the budget.
b. Cumulative transfers greater than io% of the Total Budget. TCEQ must
pre-approve in writing all budget revisions that result in the cumulative
transfer from direct cost budget categories of funds greater than io% of the Total
Budget during the Contract Period. The Performing Party must request to amend
the Contract. A contract amendment is required before Performing Party incurs
these costs.
c. Performing Party may not transfer amounts to budget categories containing zero
dollars without TCEQ pre-approval in writing.
7.0 Invoice Submittal. Unless otherwise stipulated in the Contract, invoices must be
submitted to the individual named in TCEQ Project Representatives and Records
Location at monthly intervals. Final invoices shall be submitted within two (2)
calendar months after completing the Scope of Work activities. TCEQ may
unilaterally extend this deadline by e-mail.
a. All invoices must be submitted in a format that clearly shows how the budget
control requirement is being met.
8.o Supporting Records. Performing Party shall submit records and documentation
to TCEQ as appropriate for the review and approval of reimbursing costs. TCEQ
may reject invoices without appropriate supporting documentation. TCEQ has the
right to request additional documentation such as expenses for the invoice period,
year-to-date expenses, projected totals for the year (or applicable contract period),
percent of budget spent to date, and percentage of budget projected to be spent.
Performing Party shall maintain records subject to the terms of this Contract.
9.o Indirect Costs. Performing Party's indirect costs will be reimbursed at the
reimbursable rate entered above. If no reimbursable rate is shown above, indirect
Texas Commission on Page 26 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
costs are not reimbursable under this Contract. The reimbursable rate must be less
than or equal to the rate authorized under UGMS. To the extent that the
reimbursable rate is lower than Performing Party's actual indirect costs, Performing
Party is contributing its unreimbursed indirect costs to the successful performance of
this Contract, and waives any right it may have to reimbursement of those costs (if
this Contract requires matching funds, Performing Party may claim its
unreimbursed indirect costs as part or all of its match). Performing Party must fund
all unreimbursed indirect costs from other funds. It is the Performing Party's
responsibility to ensure that unreimbursed indirect costs are not charged to other
projects which do no benefit from them, and that it uses funding sources that may be
properly used to fund its unreimbursed costs.
io.o Administrative Costs. No more than io% of the Total Contract Amount may be
used for administrative purposes.
Texas Commission on Page 27 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
NOTICES, PROJECT REPRESENTATIVES AND RECORDS LOCATION
CONTRACT NO. 5582-2o-11981
CONTRACT NAME: CITY OF CORPUS CHRISTI RIDER'7 LOCAL AIR
QUALITY PLANNING GRANT
1. Representatives. The individual(s) named below are the representatives of TCEQ and
Performing Party. They are authorized to give and receive communications and directions
on behalf of the TCEQ and the Performing Party as indicated below. All communications
including official contract notices must be addressed to the appropriate representative or
his or her designee.
2. Changes in Information. Either party may change its information in this Notices,
Project Representatives and Records Location document by providing notice to the other
party's representative for contractual matters.
3. TCEQ Representatives
TCEQ CONTRACT MANAGER TCEQ PROJECT MANAGER
(for Contractual Matters) (for Technical Matters)
Roger Moon Chris Owen
Contract Specialist Project Manager
Title Title
Texas Commission on Texas Commission on
Environmental Quality Environmental Quality
P.O. Box 13087 P.O. Box 13o87
MC-164 MC-2o6
Austin, Texas 78711-3o87 Austin, Texas 78711-3o87
Telephone No. (512) 239-6474 Telephone No. (512) 239-4235
Facsimile No. (512) 239-1500 Facsimile No. (512) 239-1500
4. Performing Party Representatives.
For Contractual Matters For Technical Matters
Sharon Bailey Murphy Sharon Bailey Murphy
Environmental Affairs Manager Environmental Affairs Manager
City of Corpus Christi City of Corpus Christi
1201 Leopard Street 1201 Leopard Street
Corpus Christi, Texas 78401 Corpus Christi, Texas 78401
Telephone No. (361) 826-4o66 Telephone No. (361) 826-4o66
Facsimile No. (361) 826-4681 Facsimile No. (361) 826-4681
E-mail: SharonLPcctexas.com E-mail: SharonLPcctexas.com
Texas Commission on Page 28 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
5. Invoice Submittal. Invoices must be submitted to the TCEQ Contract Manager, unless
another recipient is identified below:
❑ TCEQ Project Manager / ❑ TCEQ Disbursements Section/ ® Other:
Invoice AQDPtceq.texas.gov
6. Designated Location for Records Access and Review. The Performing Party
designates the physical location indicated below for record access and review pursuant to any
applicable provision of this Contract:
City of Corpus Christi
1201 Leopard Street
Corpus Christi TX 78401
Texas Commission on Page 29 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
Attachment A:
Release of Claims
(Must be returned with last invoice per General Term and Condition Section 4.5)
Texas Commission on Page 30 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Conditional Final Waiver and Release of Claims
Upon receipt and clearance of payment from the Texas Commission on
Environmental Quality(TCEQ) in the sum of$ , which constitutes final
payment to [City of Corpus Christi](hereinafter referred to as "Performing Party"),
Performing Party and its successors and assigns, release, discharge and relinquish the
TCEQ, its officers, agents, and employees from all claims, known or unknown, arising
out of or relating to TCEQ Contract Number 582-20-11981 (Contract).
It is expressly agreed and understood that this conditional FINAL waiver and
release of all claims is effective, without any further action of any party, only upon
clearance of final payment to Performing Party in the above-mentioned amount.
Performing Party warrants that it has completed all activities described in the Contract.
Executed on this day of , 20
By:
(signature)
(name)
(title)
Texas Commission on Page 31 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
Attachment B:
Personnel Eligibility List (PEL)
Texas Commission on Page 32 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
PERSONNEL ELIGIBILITY LIST (PEL)
(To be returned with the initial Statement of Work and any subsequent personnel
changes)
Performing Party: Date:
Grant Number:
Position or Title& Date Added Date
Staff Name or"Vacant" Role in Performing Removed
the Grant Activities to PEL from PEL
Texas Commission on Page 33 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
Attachment C:
Quarterly Progress Report (QPR)
Texas Commission on Page 34 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
Quarterly Progress Report Template
Quarterly Progress Report for the Texas Commission on Environmental Quality
Date:
Rider 7 Area:
Grant Number: 582-20-11981
Reporting Period:
List of Tasks Completed:
Status table(add rows as necessar to cover all tasks):
Task Number Deliverable Due Date Total Amount Remaining Estimated Percent of
Allocated for Allocation for Cost of Task Task
Task Task this Quarter Completed
Sections below must be completed for every task and subtask(i.e. Task 1.1, Task 2.1, Task 2.2, etc.). If there was
no activity, then please state "None"in the Milestones, and "No activity for this period"and the reason under the
Detailed Summary section.
Task i.is
Milestones:
Detailed Summary:
Technical and Logistical Problems and Solutions:
Task 2.1:
Milestones:
Detailed Summary:
Technical and Logistical Problems and Solutions:
Task 3.2:
Milestones:
Detailed Summary:
Technical and Logistical Problems and Solutions:
Texas Commission on Page 35 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
Attachment D
Financial Status Report (FSR)
(To be submitted quarterly)
Texas Commission on Page 36 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
Texas Commission on Environmental Quality
FINANCIAL STATUS REPORT
1. STATE AGENCY ORGANIZATION UNIT
TO WHICH REPORT IS SUBMITTED:
2. GRANT/CONTRACT TITLE:
3. PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION(NAME AND COMPLETE ADDRESS,
INCLUDING ZIP CODE)
5. TCEQ CONTRACT NUMBER:
6. FINAL REPORT: YES NO
7. ACCOUNTING BASIS: CASH ACCRUAL
8. TOTAL PROJECT/GRANT PERIOD: 9. PERIOD COVERED BY THIS REPORT:
FROM TO FROM TO
10. BUDGET CATEGORIES: Approved Project Cost Cumulative Balance**
Budget This Report Project Cost
a.Personnel/Salary
b.Fringe Benefits
c.Travel
d.Supplies
e.Equipment
f.Contractual
g.Construction
h.Other
i.Total Direct Costs (Sum a-h)
j.lndirect Costs
k.Total (Sum of i&j)
*List (Itemize) on the appropriate supplemental form all component expenses comprising the total for each of these categories.
Please attach receipts,as required,in accordance with Attachment B of your contract.
**Negative balances in any of the budget categories should be explained in a brief accompanying narrative.
11. CERTIFICATION I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated
obligations are for the purposes set forth in the award document.
Signature of Authorized Certifying Official
Typed or Printed Name and Title
Telephone (Area code,number and ext.) Date Submitted
Texas Commission on Page 37 of 43 TCEQ Form 20248 Revised (11/2005) -Page 1 of 5
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS
EQUIPMENT PURCHASES (during this report period)
NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS
PURCHASED (Should match description provided for approval) COST COST
TOTAL EQUIPMENT EXPENDITURES (must agree with line 10e on Form 20248) $
CONTRACTUAL EXPENDITURES (during this report period)
SUBCONTRACTOR(NAME) FOR COST(THIS PERIOD) IF TASKS
TOTAL CONTRACTUAL EXPENDITURES (must agree with line 1 Of on Form 20248) $
*LEGIBLE PURCHASE ORDER AND/OR INVOICES MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR
EXPENDITURE.
TCEQ Form 20248 Revised (11/2005)-Page 2 of 5
Texas Commission on Page 38 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
ITEMIZATION OF CONSTRUCTION COSTS
(CONSTRUCTION COSTS (during this report period)
DESCRIPTION PURPOSE COST(THIS PERIOD) 11 TASKS
IF IF
IF IF
IF I
IF 11
IF I
IF 11
IF I
IF 11
IF I
IF 11
TOTAL CONSTRUCTION EXPENDITURES (must agree with line 10g on Form 20248) $
IF
*LEGIBLE DOCUMENTATION MUST BE ATTACHED FOR ALL LISTED EXPENDITURES.
TCEQ Form 20248 Revised (11/2005)-Page 3 of 5
Texas Commission on Page 39 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
ITEMIZATION OF SUPPLY AND OTHER COSTS
SUPPLIES PURCHASED (during this report period)
NUMBER ITEM DESCRIPTION UNIT TOTAL TASKS
PURCHASED (Should match description provided for approval) COST COST
TOTAL SUPPLY EXPENDITURES (must agree with line 10d on Form 20248) $
OTHER EXPENDITURES (during this report period)
NUMBER DESCRIPTION UNIT TOTAL TASKS
PURCHASED COST COST
TOTAL OTHER EXPENDITURES (must agree with line 10h on Form 20248) $
*LEGIBLE RECEIPTS OR OTHER SUBSTANTIATING DOCUMENTATION MAY BE ATTACHED FOR EXPENDITURES THAT EQUAL
OR EXCEED $500.
Texas Commission on Page 40 of 43 TCEQ Form 20248 Revised (11/2005)-Page 4 of 5
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
ITEMIZATION OF PERSONNEL/SALARY AND TRAVEL COSTS
PERSONNEL/SALARY EXPENDITURES (during this report period)
EMPLOYEE NAME TITLE/POSITION SALARY(THIS TASKS
PERIOD
TOTAL PERSONNEL/SALARY EXPENDITURES (must agree with line 10a on Form 20248)
TRAVEL EXPENDITURES (during this report period)
DESCRIPTION REASON COST(THIS PERIOD TASKS
TOTAL TRAVEL EXPENDITURES (must agree with line 10c on $
Form 20248)
* SUBSTANTIATING DOCUMENTATION (time sheets, travel receipts, etc.) MAY BE REQUIRED TO BE ATTACHED TO THIS FORM
TCEQ Form 20248 Revised (11/2005)- Page 5 of 5
Texas Commission on Page 41 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
Attachment E:
Budget Revision Request Form
(BRR)
Texas Commission on Page 42 of 43
Environmental Quality
TCEQ Contract Name: City of Corpus Christi
Rider 7 Local Air Quality Planning Grant Contract Number:582-20-11981
BUDGET REVISION REQUEST FORM
Purpose:To document recipient organization's proposed budget changes to ensure project deliverables are met and fiscal accountability.Prior TCEQ
review and approval is required before incurring specific costs resulting in cumulative transfers of more than io%of the total budget.
Instructions:Complete 1.-8. Total the amounts in 9.,i.,and k.
1.Recipient Organization(Name&Complete Address Including Zip Code):
2.Grant/Contract Title: 3.Payee Identification No.:
4.TCEQ Contract No.: 5.Total Project/Grant Period:
6.Budget Categories: 7.Approved Budget 8.Change Requested(+or-) 9.New or Revised Budget
a.Personnel/Salaries
b.Fringe Benefits
c.Travel
d.Supplies
e.Equipment
f. Contractual
g.Construction
h.Other
i.Total Direct Costs(sum a-h)
j.Indirect Costs( %x$ Salary)
k.Total(sum i&j)
Justification(Attach additional sheets,if necessary):
***Budget Revision Request must contain all signatures to be approved/valid***
Signature of Recipient's Representative Date Type or Printed Name and Title
Signature of TCEQ Project Manager Date Type or Printed Name and Title
Signature of TCEQ Contract Manager Date Type or Printed Name and Title
Texas Commission on Page 43 of 43
Environmental Quality